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From YouTube: Administrative Appeals Board | Sep 28 2022
Description
Regular meeting of the City of Palm Springs Administrative Appeals Board, held September 28th, 2022
A
A
E.
Thank
you
sorry
about
that.
I
will
start
over.
Luckily,
I
didn't
get
very
far
good
evening.
Everybody,
my
name,
is
Mike
panessa
I
am
the
chair
of
the
administrative
appeals
board
and
I
hereby
call
the
regular
meeting
of
the
administrative
appeals
Board
of
September
28
2022
to
order
board
secretary.
Can
you
please
conduct
a
role?
The
Roll
Call.
C
I'm
sorry
about
that
I
have
board
member
Patrick
visayo.
Is
that
how
you
say
your
last
name,
you're,
muted,.
D
C
Thank
you
board
member
Ken
Hendrick
Hedrick
here
board
member
Stephen
Moses
here
board
member
Wayne
Sinclair
here.
A
A
Thank
you.
So
the
first
item
on
the
agenda
is
the
acceptance
of
this
agenda.
The
board
can
discuss
and
may
amend
the
order
of
the
agenda
and
I'd
like
to
entertain
a
motion
and
a
second
for
acceptance
of
the
agenda
so
moved.
Second.
B
C
Yeah
I'm
not
sure
I'm
calling
it
I
haven't
done
this
before
there.
A
A
We
have
a
motion
and
a
second
to
accept
the
agenda.
So
if
you
could
call
the
vote.
F
G
D
A
A
You,
the
next
item
on
the
agenda,
is
public
comment.
This
time
has
been
set
aside
for
members
of
the
public
to
address
this
board
on
items
of
general
interest
within
the
subject
matter,
jurisdiction
of
this
board
three
minutes
will
be
assigned
to
any
speaker
and
although
the
board,
of
course,
values
your
comments
pursuant
to
the
brown
act,
the
board
generally
cannot
take
any
action
on
any
items
not
listed
on
the
posted
agenda.
A
E
C
No
I
don't
have
anything
nobody's
messaged
in
there.
A
A
C
Hi
everyone
I
am
the
new
Deputy
city
clerk
in
the
clerk's
office,
assisting
Brent
and
Monique,
and
the
team
here.
B
A
All
right
we're
gonna,
Dive
Right
In.
The
next
item
number
three
on
the
agenda
is
an
appeal
of
the
per
of
the
permanent
ban
and
administrative
fine
of
five
thousand
dollars
concerning
and
I
apologize.
If
I
say
your
name
wrong:
Ed
Noy
Hassani
and
the
property
at
3530,
Eastgate,
North
Road
board
secretary.
Can
you
please
ensure
that
the
city
staff
and
the
appellant
understand
that
their
testimony
is
under?
Oh.
A
All
right
I
saw
a
bunch
of
thumbs
up
so
we're
gonna
move
on.
At
this
time,
I'd
like
to
ask
for
the
staff
to
present
their
report.
H
Yes,
good
evening,
a
board
chair
board
members,
City
staff
appellants
on
the
call
General
Public
on
the
call
this
evening.
My
name
is
Patrick
Clifford,
with
the
Department
of
the
special
program.
Compliance
we
oversee
the
vacation
rental
program
with
the
city
of
Palm
Springs
before
you
this
evening,
is
a
staff
report
for
the
property
located
at
3530,
North,
North,
Northeast
gate
road.
Here
in
Palm
Springs,
it
was
determined
that
this
property
was
operated
as
a
vacation
rental
without
a
vacation
rental
certificate.
H
With
the
elements
that
are
listed
in
your
staff
report
and
numbered
one
two
and
three,
the
code
officer's
investigation
did
find
that
there
was
an
inquiry
submitted
to
the
city,
providing
a
reservation
confirmation
which
also
included
a
confirmation
number
and
a
dollar
dollar
amount
that
was
associated
with
that
stay
as
and
additionally,
we
did
find
advertisements
from
the
short-term
platform
Additionally.
The
code
officer
that
investigated
a
property
is
on
the
call
this
evening
and
I
would
invite
the
code
officer
to
provide
further
testimony
regarding
the
investigation.
Thank
you.
I
Thank
you
Patrick
good
evening,
members
of
the
board,
fellow
City
staff
and
members
of
the
public
join
us
on
the
call
tonight.
My
name
is
Mitch
and
havehand
I'm
a
co-compliance
supervisor
for
the
city
of
Palm
Springs
and
was
the
officer
that
issued
the
citation
ab0383
to
the
property
owner
on
May
9th
2022.
I
on
Sunday
May,
8th
2022
I
received
a
report
detailing
a
possible
violation
for
unregistered
vacation
rental
activity
at
3530,
North
Eastgate
Road
via
the
city
of
Palm,
Springs
vacation
rental
inquiry
request,
form
that's
available
to
the
public
on
the
city's
vacation
rental
website,
which
is
included
in
the
staff
report.
As
attachment
5.
on
Monday
May,
9th
2022
the
following
day
I
contacted
the
reporting
party
to
discuss
situations
surrounding
their
complaint
and
confirm
the
details
related
to
their
booked
short-term
stay
and
the
reported
address.
I
They
also
provided
information
related
to
the
advertisement
which
I
was
able
to
locate
via
airbnb.com
shortly
after
and
confirm
that
the
property
was
being
advertised
as
vacation
rental,
with
a
minimum
stay
of
two
nights.
The
Airbnb
ad
is
included
in
the
staff
report
as
attachment
6.,
taking
into
account
the
information
provided
by
the
reporting
party,
as
well
as
my
findings.
Via
the
Airbnb
platform,
it
was
determined
that
the
property
located
at
3530,
North,
Eastgate
Road,
was
being
both
advertised
and
operating
short-term
stays
without
a
valid
vacation
rental
certificate
certificate.
I
Apologies
I,
issued
citation
I
issued
a
citation
to
the
property
owner
listed
on
title
as
Adonis
sasani
for
a
violation
of
psmc
520
5.25.040
a
and
it
was
sent
via
mail
to
the
address
listed
on
the
property
titled.
Additionally,
it
should
be
noted
that,
as
of
today,
exactly
you
know
actually
I
logged
on
to
the
advertisement
just
before
getting
onto
the
call.
The
advertisement
is
still
active
and
appears
to
be
accepting
short-term
bookings
with
a
minimum
two-night
stay
as
well
same
findings
as
back
in
May.
I
I
This
includes
10
separate
reviews
that
were
posted
in
July
and
August
2022,
which
is
significant
because
these
were
posted
after
the
appeal
was
received
by
Mr
Hassani
on
June
16
2022,
as
shown
in
attachment
3..
The
evidence
suggests
that,
even
if
the
property
owner
was
initially
unaware
of
the
short-term
rental
activity,
as
they've
stated
in
their
appeal,
the
rental
activity
continued
through
the
summer
and
the
property
is
still
available
to
this
day
to
be
rented
short
term.
I
H
Yes,
chair,
thank
you,
I
do
have
one
additional
additional
items
was
submitted
as
well.
On
top
of
the
advertisements,
we
did
provide
a
tenant
lease
that
was
provided
by
the
appellant
today,
there's
a
bit.
There
are
some
rare
occasions
where
we've
issued
a
citation
to
a
homeowner,
and
it
turns
out
that
a
tenant
was
the
one
actually
operating
the
vacational
rental
without
the
property
owners.
H
Knowing
this
the
lease
that
was
provided,
though
we
did
want
to
provide
to
you
and
have
this
discussion
this
evening,
because
the
the
term
dates
might
have
a
typo
and
such
the
fixed
lease
term
dates
that
was
provided
in
a
lease
shows:
April
1st
2022
to
March
31st
2022,
like
I,
said
that
could
be
a
typo,
but
with
that
we
didn't
feel
comfortable,
making
a
decision
to
issue
a
citation
to
the
tenants
and
wanted
the
opportunity
to
bring
this
forward
to
the
board.
H
That's
all
I
have
this
evening
on
this
matter.
Thank
you.
A
All
right,
thank
you.
So,
at
this
time
we'll
open
it
up
to
the
board
members
to
ask
questions
of
the
city.
Why
don't
we
start
with
Mr
basily.
D
I'm,
just
a
little
confused
was
there
a
lease.
You
said
there
was
a
lease
agreement
and
how
long
was
that
lease
agreement
for
did
you
say.
H
Yes,
thank
you,
so
that's
where
the
I
think
there
might
have
been
a
typo
it.
It
states
in
the
document
that
it
was
April
1st
2022
to
March
31st
2022
I'm
thinking
that
might
should
that
should
be
March
31st
2023,
which
would
have
been
a
year
at
least,
but
with
that
with
that
still
say
in
2022.
We
just
wanted
to
bring
it
forward
to
the
board.
H
If
this
lease
is
valid-
and
that
was
a
typo
typo,
we
would
assume
that
it
was
the
tenant
doing
the
subletting
of
the
property
and
in
in
other
past
cases
we
would
get
a
statement
from
the
property
owner
certifying
this,
and
then
we
would
avoid
that
citation
to
the
owner
and
issue
the
citation
to
the
tenants.
At
that
time.
Great.
A
Other
questions,
Mr
Sinclair.
G
Where's,
my
Mitch,
the
advertisement
who's
the
person
you're
you're
supposed
to
respond
to
in
the
advertisement.
If,
if
I
were
to
answer
it,
who
was?
Who
was
the
person
that
you
responded
to.
I
So
the
the
advertisement
is
hosted
by
an
individual.
That's
identified
themselves
on
the
Airbnb
platform
as
Aaron
de
assis,
which
doesn't
match
up
with
the
the
property
owner
on
title.
It
is,
it
is
a
different
name.
G
And
in
those
extra
rentals
after
the
citation,
can
anybody
follow
up
to
the
home
to
see
who
was
there
or
whether
and
asked
perhaps
who
they
rented
from.
I
B
I'm
sorry
I
missed
the
lease
is
the
least
name
is
the
same
person
as
the
contact
name
on
the
Airbnb.
A
B
A
No
thank
you.
Okay,
so
I
just
want
to
become
clear
on
my
part
officer,
nabin
Aban,
sorry,.
E
A
So,
according
to
what
you're,
seeing
on
the
site,
which
site
is
it
by
the
way,
is
it
Airbnb
VRBO
some
other
site,
it's
Airbnb,
okay.
So
what
you're
seeing
is
the
citation
was
issued?
On
date,
a
the
the
owner
of
the
property
appealed
that
citation
on
date
B
and
you
were
seeing
reservations.
You
were
seeing
reviews
from
after
not
only
the
citation
but
after
the
the
appeal
was
filed.
So
there's
no
way
the
owner
would
have
known
or
would
have
not
have
known
that
this
was
an
issue.
I
Correct
so
generally,
before
we
come
on
to
do
present
our
appeals
cases
we'll
follow
up
on
the
ads
to
see
if
there
was
a
substantial
differential
in
the
amount
of
overuse
for
a
property
that
we
have
found.
I
That's
operated
unregistered
oftentimes
once
they
get
the
citation
the
advertisement
comes
down,
and
you
know
we
don't
really
suspect
them
of
operating
in
this
instance,
while
I
was
doing
my
due
diligence
this
morning,
I
did
notice
that
the
advertisement
was
still
up
and,
and
the
review
count
increased
with
you
know
the
those
dates
mentioned
pretty
much
consistent
from
the
time
that
I
had
issued
the
citation.
So
you
know
the
date
on
the
the
appeals
form
that
was
submitted
by
the
homeowner
was
received
by
the
city
and
stamped
on
June
16th.
I
So
if
they
hadn't
known
up
until
that
point,
you
know
really
from
then
on
it.
The
reviews
kind
of
demonstrate
that
there
was
rental
activity
beyond
that,
at
least
with
the
way
that
the
Airbnb
platform
or
works.
So
it
does
look
like
they're.
You
know
my.
I
The
evidence
suggests
that
you
know
that
the
owner
was
at
least
aware
of
short-term
rental
operations
at
a
certain
point,
beyond
June
16th
up
until
now
and
like
I
said
the
the
advertisement
that's
hosted
by
Aaron,
whoever
whatever
his
affiliation
is
with
the
property
is
still
active
like
right
now,
I
still
have
it
up.
A
Okay
and
then
Patrick
I
guess
this
is
for
you
well
I'm.
Not
sure
is
you
know,
because
one
of
my
first
thoughts
was
that
well,
maybe
somebody
else
had
placed
this
ad,
but
then
the
reviews-
and
it
was
fraud,
but
then
the
reviews
would
reflect
that.
A
H
Yeah
and
it
does
show
that
there
was
some
kind
of
activity,
especially
with
statements
like
it
was
clean
and
situations
like
that.
Okay.
F
F
It
probably
is
meant
to
be
and
probably
is
being
used
as
April
1st
2022
to
March
31st
2023.
and
therefore
the
person
doing
all
this
activity
is
a
long-term
lessor
of
the
property.
Now
that
doesn't
mean
he
had
that
that
person
hasn't
violated
the
law,
but
the
the
landlord
has
not
had
occupancy
or
control
of
the
property
since
April
1st,
and
while
this
is
all
continuing,
it's
continuing
by
the
tenants
doing
it.
F
A
All
right,
so,
let's,
if
you
don't
mind,
let's
save
that
for
our
discussion,
one.
G
More
question
to
Patrick
Patrick
has
the
you
know
transient
occupancy
tax
been
paid.
A
If
there
are
no
more
questions
for
the
city
at
this
time,
I'd
like
to
open
the
appeal
hearing,
the
appellant
will
be
invited
to
speak
for
up
to
10
minutes.
Any
member
of
the
public
who
desires
to
speak
on
this
appeal
hearing
shall
have
up
to
three
minutes
to
speak,
and
if
a
member
of
the
public
chooses
to
speak
on
this
case,
the
Appellate
will
be
invited
to
speak
for
an
additional,
two-minute
rebuttal
board
secretary.
Can
you
please
begin
the
public
testimony
period.
F
E
A
Right,
thank
you
very
much
with
that.
We
will
close
the
public
testimony
portion
and
the
next.
This
time
now
is
set
aside
for
the
board
to
discuss
what
we
have
heard
from
one
side
and
no
one
from
the
other
side.
A
Mr
Hedrick.
Do
you
want
to
go
first.
B
Yes,
how,
in
in
the
application
for
the
appeal
the
owner
said,
he's
trying
to
evict
a
tenant
I'm,
not
familiar
with
the
eviction
laws
here?
How
difficult
is
it
to
evict
somebody
from
a
rental
property
I
know
in
San,
Francisco
and
New
York
that
takes
years,
but
in
Palm
Springs?
Is
it
that
difficult
the
law.
F
B
Okay,
so
once
the
person
is
in
there,
the
homeowners
sort
of
stuck.
F
He
can
be
a
victim,
but
it's
a
process
that
starts
with
about
120,
day
delay
and
then
other
issues
and
can
go
a
long
way
without
actually
being
heard,
but
as
long
as
I'm
talking
sort
of
out
of
turn,
the
issue
here
is
for
eviction,
or
maybe
it
is
based
on
violating
this
law.
The
issue
here
is
the
lease
the
lease
is
kind
of
typo,
but
the
least
clearly
intends
that
the
tenant
is
the
is
the
occupant
and
the
Tenant.
Is
the
the
person
who's
doing
these
steps?
That
is
responsible,
not
the
owner,.
A
So
I'm
going
to
interject
here
Patrick,
if,
regardless
of
how
we
vote
on
this
one,
if
this
ad
stays
up,
they
continue
to
rent,
would
the
subsequent
fines
go
to
the
tenant
or
the
owner.
H
You
know
I
think
at
this
point,
since
you
know
I'm
not
really
concerned,
you
know
what
I'm
trying
to
say
is.
Is
that
10
is
that
lease
that
was
provided
an
accurate
lease
for
it?
We
would
probably
just
continue
issuing
a
citation
to
the
property
owner.
H
I
hope,
maybe
construct
some
dialogue
to
get
a
an
edited
lease
or
appropriate
contact
information
that
who's
at
that
property,
and
we
would
probably
want
to
tie
up
by
working
with
the
owner
who
that
person
is
on
the
advertisement
it
on
the
host,
which
is
different
from
the
person.
That's
the
tenant
on
lease,
but
you
know,
hopefully
if
we
have
to
go
and
further
issue
citations
to
the
property
owner.
Maybe
that
will
then
spur
additional
conversation.
B
J
Under
the
violation
section,
when
we're
talking
about
operating
without
a
vacation
registration
certificate,
it
just
says
any
person,
so
you
know
typically
it's
the
responsible
party
which
would
be
the
owner,
but
like
Patrick
mentioned,
sometimes
the
city
does
issue
them
against
the.
If
there's
a
long-term
tenant
in
there,
that
is
doing
the
the
short
term,
then
that
would
be
considered
a
person,
so
the
the
statute
would
allow
either
the
owner
or
another
person,
including
a
long-term
tenant.
That's
that's
operating.
J
F
J
I'm
saying
that
a
a
long-term
tenant
could
also
be
cited,
the
statute
says
that
it's
it's
any
person
who
operates.
You
know.
Typically,
it's
the
owner,
but
sometimes,
as
Patrick
mentioned,
when
there's
long-term
leases,
sometimes
the
the
long-term
tenant
will
be
issued.
The
citation.
A
Okay,
Patrick
I
have
one
more
question
for
you:
has
the
owner
been
working
with
you
to
help
you
contact
their
tenant.
H
Yeah
great
questions
so
when
We,
additionally,
when
we
at
first
received
his
appeal
back
in
the
summer
that
appellant
reached
out
and
when
I
read
that
appeal,
it
stated
that
he
had
a
tenant,
so
we
reached
out
to
him.
I
talked
to
him
on
the
phone
and
said:
if
you
had
a
tenant
there,
please
provide
the
lease,
and
that
was
back
in
the
summer.
I
think
August
and
I
didn't
hear
anything
from
him.
H
Until
yesterday,
when
he
contacted
the
city,
clerk
and
Dan
was
asking
about
that,
he
had
a
tenant
and
then
we
said,
can
you
please
provide
the
lease
so
the
lease
wasn't
provided
until
yesterday,
but
he
was
well
aware
that
we
are
looking
for
the
lease
since
the
summer,
and
there
was
no
conversation
between
then
and
yesterday.
A
Okay,
thank
you,
Mr
Sinclair,
any
discussion.
Well,.
G
Yeah
I
think
yeah
something's,
not
right
here
and
I,
don't
think,
everybody's
being
honest
and
I,
don't
think
without
his
testimony
I,
don't
think
the
owner's
being
honest.
K
G
I
I
can't
remember
if
it
says
somewhere
in
here
that
you
know
he.
If
he
this
was
a
month
to
month,
he
got
rid
of
the
tenant
and
we
see
that
he
obviously
knew
that
it
was
being
rented
all
summer
and
why.
K
G
Something
done
to
try
to
remedy
that,
whether
that
gets
you
to
court
to
get
an
eviction
notice,
because
someone's
running
your
place
in
violation
of
city
laws.
We
don't
know
the
relationship
between
a
tenant
and
the
owner
and
the
Tenant
and
the
person
renting
and
I
just
think
I'm,
just
very,
very
skeptical
about
this
whole
thing
and
I'm
I'm,
not
very
sympathetic
at
all
to
to
any
of
the
parties
here.
I'd.
A
Can
wait,
hang
on
hang
on
Mr
Moses
we've
still
got
Mr
basily
gets
a
chance
to
speak.
Wait
time.
D
Thank
you
so
I
have
to
agree
with
Mr
Sinclair
that
there's
so
many
issues
with
this
lease,
including
the
signature
page
which
could
have
easily
been
you
know,
you've
got
a
signature
and
then
you've
got
a
typed
in
date,
which
does
happen
a
lot
of
times,
but
I
find
that's
kind
of
suspicious
and
then
the
other
thing
is
the
the
dates
on
release
itself.
Yes,
it
could
have
been
a
mistake,
but
most
people
would
have
caught
it,
and
so
I
have
a
problem
with
this
lease
as
well
and
I.
D
Think
overall
I
think
yeah
I
think
everyone
is
there's
too
many
parties
involved
that
we
don't
know
who's
renting
and
there's
a
difference
in
the
name
on
the
on
the
contact
person
for
the
Airbnb
there's
a
different
name
on
the
lease
and
then
there's
the
owner
and
there's
too
many
people
involved
and
I.
Think
it's
just
a
personally
I
think
it's
a
scam
so.
A
I'm
actually
glad
Mr
Sinclair.
You
said
what
you
said
because
frankly,
I
was
feeling
the
exact
same
way.
I
feel
like
if
this
owner
had
taken
this
seriously.
If
he
can't
get
the
get
the
person
evicted
at
a
minimum,
he
could
contact
Airbnb
and
say
I.
Have
this
property
that's
being
advertised
on
Airbnb
I'm,
the
owner?
A
They
would
have
pulled
the
ad
down,
so
it
seems
to
me
like
yes,
this
lease
seems
kind
of
suspicious
but
I'm
not
getting
the
sense
and
with
this
person
not
showing
up
to
this
hearing
I'm,
not
getting
the
sense
that
hey
they're,
taking
this
seriously
or
or
anything's
being
done
about
this
and
clearly
it's
still
being
rented.
So
with
that
being
said,
Mr
Moses,
you
wanted
to
make
a
motion
yeah.
F
I
I
think
we
have
too
many
ifs
and
ends
here
that
I
would
suggest
we
postpone
this
for
a
month
and
asked
the
owner
to
answer
the
questions.
You've
just
been
stating
and
and
let's
understand
whether
there
really
is
a
lease
and
there
really
is
a
tenant,
and
if
so,
it's
not
the
landlords.
Despite
what
this
train
wave
I
advise
that
it
would
not
be
that
landlord,
it
would
be
the
the
tenant
who
would
be-
or
in
my
judgment
would
be
responsible.
A
Okay,
so
Mr
Moses
has
made
a
motion.
A
A
So
I
have
presented
a
competing
motion.
Do
we
have
a
second
for
that?
Second,
thank
you
all
right,
so
board
secretary.
If
you
could
call
the
vote,
the
motion
is
to
uphold
the
ban
and
fine.
A
F
F
G
A
All
right,
I
want
to
thank
everyone
for
their
time
and
effort
on
this
case.
I
will
tell
you
as
an
aside.
It
is
very
disturbing
to
me
when
somebody
appeals
and
then
doesn't
show
up
so,
but
we
are
going
to
move
on
to
the
next
case
and.
G
I
would
also
assume
Patrick
that
you're
going
to
continue
to
follow
up
with
the
situation
that
this
place.
H
Yeah,
if
there's
continued
advertisement,
I
mean
that's
a
violation
of
the
ordinance
and
we'll
take
the
next
step
in
continuation
citations,
and
you
know
the
kids
going
from
that
go
for
the
legal
action
with
the
city
attorney
thanks.
A
All
right,
thank
you.
So
the
next
item
is
number
four
on
the
agenda
concerning
the
property
at
2232,
East
Hill.
Pardon
me,
hilde
Lane
is
an
appeal
of
the
five
thousand
dollar
fine
and
administrative
decision
that
Paul
Graziano
is
permanently
ineligible
to
operate
a
vacation
rental
in
the
city
of
Palm
Springs
board
secretary.
Can
you
please
ensure
that
the
city
staff
and
the
appellant
understand
that
their
testimony
is
under
oath
foreign.
E
A
K
A
Thank
you,
Paul
I'm.
Sorry,
we
will
first,
the
city
will
present
their
their
case
and
then
there
will
be
time
specifically
for
you,
hi.
H
Yes,
good
evening,
chair
board
members,
City
staff,
appellants
public,
on
the
call
this
evening.
My
name
is
Patrick
Clifford
with
the
Department
of
special
program,
compliance
here
in
the
city
of
Palm
Springs,
and
we
oversee
the
vacation
rental
compliance
portion
of
our
ordinance
within
the
city.
Now
before
you
this
evening.
H
As
a
staff
report
regarding
the
property
located
at
2232,
East
hilde
Lane
here
in
Palm
Springs,
it
was
found
that
this
property
was
advertised
as
a
vacation
rental
and
an
investigation
by
co-compliance
confirmed
you're
using
the
elements
that
was
found
in
your
staff.
Reports
numbered
one
two
and
three
and
a
citation
was
issued
on
May
31st
2022..
H
Additionally,
some
background
into
this
case
is
that
our
office
did
receive
an
application
to
receive
a
vacation
rental
registration
certificate
on
March,
30th
2022,
and
they
were
in
process
to
to
receive
this.
There
was
a
safety
inspection
that
was
conducted
on
April,
18
2022
by
code
officer
Williams,
and
then
it
was
found
that
the
property
was
and
had
an
advertisement
related
to
the
vacation
rental
property.
H
L
Good
evening,
chair
and
board
members
on
March
30th
2022,
a
vacation
rental
application
was
brought
into
the
department
of
special
programs
by
Mr
Graziano.
The
application
was
received
and
Mr
Graziano
was
advised
at
the
approximate
time
for
the
Department
to
be
issued
was
90
days
and
that
we
would
reach
out
to
him
to
schedule
the
safety
inspection.
The
safety
inspection
was
scheduled
for
the
property
on
April
20
or
April
18
2022,
the
safety
inspection
was
completed
and
the
property
passed
the
inspection.
L
A
passing
inspection
report
was
submitted
to
the
Department
of
special
programs
and
to
Mr
Graziano
by
email
on
the
inspection
report
under
inspection
notes.
The
following
statement
appears
important
message
for
new
applicants:
do
not
advertise
or
rent
your
property
short
term
until
you
have
received
written
authorization
from
the
Department
of
special
program
compliance.
L
L
The
property
was
listed
as
a
three
bedroom
house,
with
a
three-night
minimum
stay
requirement
and
would
accommodate
a
death.
The
rental
was
for
the
entire
property
and
hosted
by
Paul
Graziano.
The
property
had
zero
reviews
on
May
29
2022
at
1,
39
PM
I
sent
a
booking
inquiry
to
the
host
Mr
Graziano,
which
is
item
4-44
hi
I
wanted
to
see.
If
your
home
is
available,
June
23rd
to
28th
my
husband
and
I,
along
with
my
mom,
will
be
heading
to
Palm
Springs
for
a
wedding,
please
let
me
know
and
I
will
book
it.
L
Approximately
30
minutes
later
a
response
was
received
from
the
host
Mr
Graziano
hi
Dave.
Yes,
the
house
is
available
for
those
dates.
Let
us
know
if
you'd
like
to
book
it
or
if
you
have
any
questions.
Sincerely
Paul
I
responded
to
Mr
Graziano's
message
with
hi
Paul.
Thank
you.
Yes,
I
would
love
to
book.
It
is
the
pool
heat
additional
and,
if
so,
do
you
think
it
will
be
needed
in
June
thanks
Dave
and
Mr
Graziano
responded.
L
No
additional
FIFA
Pool
heat,
yes,
you'll
want
it
in
the
spa
for
certain
I
responded,
perfect
I
will
book
it
shortly.
Thank
you,
as
I
did
not
book
the
property
on
May
29th
on
May
30th,
Mr
Graziano
reached
out
to
me
again
good
morning.
Let
us
know
if
you'd
like
to
book
and
we
will
discount
your
rates
since
you're
staying
five
nights.
We
are
happy
to
offer
that
for
longer
stays
sincerely
Paul.
L
A
You
so
this
time
will
be
the
opportunity
for
the
board
members
to
ask
questions
of
the
city.
Why
don't
we
start
with
Mr
basily?
No
questions,
Mr
Sinclair,
no.
A
Mr
Hedrick
no
questions,
Mr
Moses,
no
questions
all
right.
Oddly
enough,
there's
a
rare
occasion.
I,
don't
think
I
have
any
questions
either
it's
the
first
time,
yeah
all
right.
So
at
this
time,
I'd
like
to
open
the
appeal
hearing,
the
appellant
is
invited
to
speak
for
up
to
10
minutes.
A
Any
members
of
the
public
who
dispared
to
design
God
I
cannot
talk
tonight.
Any
members
of
the
public
who
desire
to
speak
on
this
appeal
hearing
will
have
up
to
three
minutes.
If
a
member
of
the
public
chooses
to
speak
on
this
appeal
hearing,
the
appellant
will
then
be
given
two
additional
minutes
to
address
their
testimony
board
secretary.
Can
you
please
begin
the
public
testimony
period.
E
The
appellant
is
present
in
the
room.
You
are
welcome
to
speak
at
this
time.
Please
remember
that
you
are
under
oath
and
your
time
will
begin
when
you
begin.
K
Thanks,
oh
Graziano,
and
thank
you
board
members
for
hearing
hearing
this
appeal.
I'm,
not
sure,
but
I
have
submitted
the
appeal
I.
Believe
it's
been
read
by
the
board.
Members
go
over
each
and
every
point,
but
I
want
to
highlight
a
couple
of
things.
K
One
and
I
am
an
officer
of
the
court
I'm
an
attorney
I,
don't
practice
municipality
law
I,
don't
do
anything
relative
to
real
property,
I'm
a
family
law
practitioner
but
I'm,
an
officer
of
the
court
I
take
my
oath
seriously
and
I've
never
been
in
this
position
where
I've
had
to
defend
a
violation
of
my
own
doing
or
one
I'm
accountable
for
and
I
raise
my
hand
and
tell
you
I,
understand:
I'm
the
property
owner
and
I'm
accountable.
K
I
will
tell
you
that
my
wife
created
the
account
and
in
terms
of
Mr
Williams
comments
and
I
know.
My
wife
is
an
extension
of
me.
I
I
understand
that
the
account,
as
indicated
in
my
appeal
paperwork,
that
I
submitted
was
created
by
my
wife.
It
was
not
created
with
my
knowledge.
I
understand
that's
attributable
to
me,
and
a
violation
is
was
done
because
the
property
had
not
yet
received
the
certificate
number,
but
when
Mr
Williams
indicates
that
Paul
Graziano
responded,
Paul
Graziano,
that
was
not
myself.
K
The
Polk
Rescue
I
know
you're
speaking
with
I
was
very
very
shocked
to
receive
the
violation
disheartened
because
of
the
time,
effort
and
energy
I
personally
placed
into
preparing
the
application
working
and
speaking
with
Bryant
Valley
in
the
Palm
Springs
office.
K
To
make
sure
we
had
done
everything
right,
I
have
to
specifically
dispute
testimony
that
he
gave
here
moments
ago
when
I
walked,
because
I
personally
met
him
several
times
during
this
process,
the
first
of
which
is
on
the
date
he
mentioned
when
my
application
was
submitted
and
I
met
him
briefly
in
passing,
I
was
speaking
and
working
directly
with
Brian
Valley
and
I
met
Mr
Williams.
K
Briefly,
on
that
day,
at
no
time
was
he
present
during
my
conversation
belly
for
any
substantive
time,
he
literally
was
walking
in
and
out
of
the
office
to
go
to
Horseman,
or
what
have
you
so
for
him
to
say
that
I
was
told
90
days.
What
processing
time
on
that
day
is
wholly
inaccurate
as
you'll
end
see
in
my
appeal.
The
number
one
thing
was,
from
my
perspective
at
least
a
mitigating
fact
is
this
had
indicated
it
was
45,
not
90.
K
That
was
always
the
processing
time
when
I
submitted
this
application
in
March
and
I
have
to
thank
someone
from
the
city
can
confirm
when
the
45
days
became
90
days
and
when
that
45
days
was
actually
changed
on
the
city
website
to
90
days,
because
it
was
not
done
before
I
submitted
the
application
on
March
30th.
No
one
ever
told
us
45
was
to
90
and
no
pending
applicant,
who
had
submitted
an
application
for
the
vacation
rental
on
a
temporary.
K
You
know
process
was
told
that
the
time
had
gone
from
45
to
90.,
so
I
would
point
out
that
at
the
time
this
violation
occurred,
we
should
have
received
our
certificate
secondarily
and
that
doesn't
listen.
My
wife
made
a
mistake.
She
should
have
never
put
an
advertisement.
She
got
excited,
as
at
least
subsequently
explained
to
me.
She
was
happy.
We
were
approved.
She
was
excited.
She
wanted
to
see
how
she
could
interact
with
possible
guests
and
we
were
never
going
to
rent
the
property.
We
didn't,
as
you
could
see,
rent
the
property
to
anyone.
K
The
listing
was
taken
down
immediately
upon
learning
of
this
issue.
I
paid
the
fine
immediately
upon
learning
of
this,
because
I
I
couldn't
stomach
the
fact
that
we
even
had
a
violation,
so
I
immediately
paid
that
fine
I
also
want
to
dispute
respectfully
when
I
with
Williams
and
I.
Remember
that
day,
because
my
son
was
there
and
I
Was
preparing
the
home
for
what
I
thought
would
be
the
inspection
of
all
inspections.
To
be
candid,
because
I'm
naive
about
this
thing,
I
thought
I
made
sure
everything
was
ready.
Mr
Williams
was
respectful.
He
was
civil.
K
K
Well,
I,
don't
know
he
didn't
and
tell
me
there
were
any
problems
which
was
great
and
I
was
happy
about
that
and
respectfully
I
Mr
Williams
I
didn't
make
faces
when
you
were
speaking,
I
would
ask
for
that
courtesy
to
not
make
faces
or
noise
I'm
speaking
go
outside
of
the
home
and
ask
Mr
Williams
who's
about
to
get
in
his
car
did
I
pass
and
what
are
what
do
we
do?
K
And
he
said
yes,
you
passed
you're
going
to
get
an
email
in
a
day
or
two
and
he
did
say,
don't
rent
this
property
until
you
get
the
the
certificate
and
I'm
probably
going
to
say
he
may
have
said,
don't
advertise
it,
but
I,
don't
recall
that
I
acknowledge
that's
the
rules.
I
know
that
I
I
wasn't
advertising
the
property
and
it
obviously
was
advertised
in
violation.
That
was
never
our
intent.
K
It
was
not
the
intent
to
try
to
game
the
system,
rent
the
property
before
we
were
able
to
or
or
do
anything
that
was
improper.
K
It
was
advertised
while
this
vacation
rental
prop
packet
was
pending
and
after
we
had
received
confirmation
that
the
property
had
passed
inspection
and
we
were
never
told
45
days,
but
was
going
to
become
nine
I
reached
out
to
Brian
Valley
and
I
showed
an
exhibit
a
an
email
that
exhibit
a
doesn't
have
a
response
I
reached
out
to
City
officials,
including
Brian,
Valley
and
others,
and
left
a
message
as
past
that
time
asking
about
the
status
of
the
application
and
wanting
to
know
when
we
might
receive
the
certificate
Etc.
K
There
was
Zero
communication
from
the
city
in
this
respect,
as
I
indicated
in
my
appeal:
zero
Brian
Valley
never
responded
back
to
that.
Email.
I
never
got
the
responses
to
various
messages.
I
I.
This
has
been
a
nightmare
process.
Purchasing
this
home
and
and
trying
to
enjoy
it
and
trying
to
you,
know,
participate
in
the
Vacation
Rental
process.
I
want
to
do
that.
I
want
to
do
it
the
right
way
if
I
had
to
resubmit
the
application.
After
a
passage
of
time,
I
would
do
that.
K
We
want
to
do
things
the
right
way.
It
wasn't
intentional,
but
it
wasn't
as
purported.
This
isn't,
as
it
is
purported
to
be
in
terms
of
at
least
the
conversation
with
Mr
Williams.
What
I
was
notified
and
particularly
the
45-day
and
90-day
time
change
is.
We
were
always
told
45
days
as
it
was
printed
out
on
the
website,
regardless
we
weren't
communicated
that
there
was
a
change.
I
had
zero
communication
back
from
the
city
and
I
made
great
efforts
to
outreach
to
confirm
where
we
were
at
in
the
process.
K
You
know
we're
we're,
not
landlords
we're,
not
investors,
we
don't,
you
know,
go
ahead
and
VRBO
properties,
and
this
was
our
first
foray
into
the
run.
I
understand
why
these
rules
are
in
place,
I
understand
the
jobs.
All
of
you
have
been
enforcing
them
and
I
understand.
Why
why
the
rules
are
are
being
implemented,
but
we're
not
your
classic
example
of
trying
to
game
the
system.
We
made
a
mistake:
I
can't
tell
you
the
consternation,
that's
caused
under
my
roof,
because
this
advertisement
wasn't
done
with
something.
K
I
was
aware
of
only
when
I
received
this
violation,
notice
and
I
thought.
I
was
waiting
to
receive
the
certificate
and
I
emailed
Mr
Clifford,
and
he
said
no,
no,
you
didn't
get
a
certificate.
You've
been,
you
know,
got
a
violation.
I
can't
tell
what
that
did
to
me,
but
it
is
what
it
is.
I
understand
that
the
Russ
of
violation,
I
I,
apologize,
I'm,
sorry
that
we
had
to
take
the
time
tonight.
K
I
appreciate
the
time
of
all
of
you,
including
yourself,
Mr,
Williams,
Because,
I,
understand
you're,
just
doing
your
job,
I
get
it,
but
I
want
to
apologize
and
just
again
say
it
was
not
intentional.
In
mitigation.
The
advertisement
was
immediately
taken
down.
The
fine
was
immediately
paid
and
I
sit
here
and
just
ask
for
some
liens,
seeing
some
consideration
from
the
board
just
kind
of
pursuant
to
what
I
set
forth
in
writing
in
the
appeal
which
was
submitted
and
I
appreciate
it.
Thank
you
for
your
time.
All.
A
Right,
Mr
Graziano
anything
further.
K
A
I
appreciate
it.
Thank
you
all
right.
Thank
you
all
right,
so
the
next
time
will
be
set
aside
for
the
board
to
ask
questions
of
the
Appellate.
Why
don't
we
start
with
Mr
Hedrick?
A
No
questions.
Thank.
B
A
K
A
Okay,
so
and
I
believe,
because
I
have
done
this
myself,
the
application
paperwork
says
that
you
cannot
advertise
until
until
you
have
a
permit.
The
city
we've
been
over
this
on
many
many
times
that
the
city
considers
advertising
the
same
as
operating
something
else.
I
was
going
to
ask
you
another
fifth:
I've
lost
it.
A
Okay,
so
all
right,
I,
can't
think
of
one
of
the
other
thing.
I
was
going
to
ask
any
other
questions
from
any
board
members.
A
All
right,
thank
you
all
right,
so
then,
at
this
time
we
will
close
the
public
portion
of
the
the
hearing,
and
at
this
time
the
this
will
be
the
time
for
the
board
to
discuss
what
we
have
heard
from
both
sides
and
Mr
Hedrick.
Why
don't
you
start
us
off?
Well,.
B
We
actually
have
no
flexibility
to
do
anything
from
what
I
understand
so.
F
D
G
Mr
macelli's
correct:
we
did
one
of
these
last
month
and
there's
really
nothing.
We
can
do.
A
I
guess
you
both
have
said
what
I
was
thinking
is
that
we
just
recently
had
a
case
like
this.
Where
you
know
one
member
of
a
family
is,
you
know,
kind
of
working
with
the
city
and
the
other
member
of
a
family
ends
up
placing
an
ad,
and
you
know,
puts
them
in
Jeopardy
of
of
a
violation.
Mr
Moses
did
you
have
any
other
than
your
question?
Did
you
have
any?
A
No,
sir,
all
right
if
no
one
in
the
board
has
anything
further,
we'll
close
the
the
discussion
and
can
I
get
a
motion
in
a
second
I
move?
We
uphold.
F
A
Second,
all
right,
thank
you
board
secretary.
Can
you
call
the
vote.
F
A
Mr
Graziano,
thank
you
for
your
time
and
effort.
You
will
get
contacted
officially
from
the
city
and
this
does
not
preclude
you
from
renting
long
term
which,
by
the
city's
definition,
is
at
least
a
month.
So
all
right,
I
want
to
thank
everyone
for
their
time
and
effort
on
this.
A
So
we're
going
to
move
on
at
our
agenda
to
item
number
six
and
this
portion
of
the
meeting
is
set
aside
for
General
comments,
announcements,
requests
of
the
staff
and
other
issues
of
concern
from
members
of
this
board.
Does
anybody
have
anything
they
would
like
to
to.
F
Discuss
I've
got
one
okay
some
time
ago,
maybe
one
meeting
but
I
think
more
than
that
yeah
I
guess
with
one
meeting
and
then
we
skipped
a
meeting.
I
asked
the
city
com,
City
attorney
for
an
opinion
on
whether
it
was
in
fact
possible
under
California
law
for
to
penalize
a
limited
partner
of
a
limited
Corporation
for
actions
done
by
the
corporation.
F
We
have,
in
fact
so
acted.
We
penalized
one
and
I'm
not
sure
to
this
day
that
if
I
hadn't
had
a
response,
so
I
don't
know,
but
I
don't
believe
we
have
the
authority
to
do
that.
J
Hi
Mr
Moses,
thank
you
for
your
question.
Yeah
I
I
was
actually
I
know
that
you
wanted
to
speak
with
me
and
I
got
in
contact
with
the
city
clerk
and
requested
that
you
send
me
the
question
offline.
So
I
could
look
into
it
a
little
bit
more
because
I
didn't
quite
understand
what
you
were
asking
but
yeah.
If
we
come
across
a
property,
that's
owned
as
an
LLC
or
as
in
a
corporation
than
the
citation
is
always
issued
to
that
LLC
or
to
the
corporation,
and
then
that
entity
is
responsible.
J
B
Follow-Up
question
please:
so
if
XYZ
LLC
had
four
members,
the
LLC
was
in
violation,
can
member
a
be?
Is
member
a
banned
for
life
in
the
city
or
just
that
l
x
y
z,
LLC
foreign.
J
F
I,
don't
remember
whether
a
limited
liability
Corporation
at
LLC
has
a
similar
participant.
A
managing
partner,
Miss
Tremblay
may
know
that
right
away,
or
you
guys,
may
know
it
or
maybe
not,
but
that
that
person,
if
there
was
one,
would
be
responsible,
it's
the
limited
partner
or
Limited.
A
Okay,
so
Jill,
can
you
look
into
that
more
because
what
you
are
saying,
I
think
is
kind
of
contrary
to
what
we
have
been
told
in
the
past,
because
my
understanding
is,
the
city
allows
limited
liability
corporations
to
own
a
property
and
therefore
get
a
permit,
but
the
city
has
always
issued
those
fines
to
the
persons
behind
that.
A
J
F
A
Or
it
may
need
a
a
rule.
I
forget
what
it's
called,
where
the
city
manager
issues,
I,
think
it's
a
rule
or
regulation
definition
or
what
that's
called
but
yeah.
It
seems
like
what
we've
done
and
what
you're
telling
us
today
I
think
you're
at
odds
Patrick,
correct
me
if
I'm
wrong,
but
I
think
we
have
issued
fines
and
bands
to
the
individuals
behind
the
LLCs.
Yes,.
H
That's
correct,
in
fact,
I
was
just
going
to
raise
my
hand
to
maybe
speak
a
little
bit
and
I
think
the
reason
why
we
and
we
have
always
when
we
signed
an
LLC
for
operating
a
vacation
around
with
a
certificate.
H
H
That's
in
our
ordinance
where
it
does
state
that
owners
include
The,
Limited,
Library
company
and
the
members
of
such
company
and
so
far
as
the
disclosure
requirements
pursuing
to
another
section,
and
that
may
have
been
where
that
started
from
the
time
when
we
started
issuing
citations
under
this
ordinance
is
that
those
members
are
included,
as
owners
as
an
owner
is
defined
as
an
owner.
If.
F
A
F
A
A
F
Recently
in
the
news
a
group
I
happen
to
know
from
now
I
who
have
been
slow
in
developing
The
Ivy
or
whatever
it's
called
down
here
or
the
church
and
the
motel
were
the
Planning
Commission
wanted
to
revoke
their
their
rights
to
proceed
and
they
appealed
it
to
the
city
council
shouldn't
that
appeal
have
gone
to
something
called.
The
administrative
appeals
board.
F
The
they
had
been
such
delay
by
the
the
purported
developer
of
a
project
that
the
Planning
Commission
voted
to
revoke
his
rights,
his
his
approvals,
and
he
appealed
that
to
I'm
just
doing
what
this
is
not
just
what
I
read
in
the
newspaper.
He
appealed
that
to
the
city,
council
and
the
city
council
gave
him
another
30
days.
I
So
if
I
may
it
was,
it
was
the
Orchid
Tree
Project.
They
appeared
before
the
Planning
Commission
to
review,
to
request
an
extension
on
their
entitlements
and
the
the
count
city
council
for
the
last
couple
years
have
put
a
strict
timeline,
because
this
project
has
been
long
delayed.
So
the
Planning
Commission
made
the
decision
to
decline
an
extension
in
their
entitlements
which
essentially
would
kill
their
project.
So
the
developer
then
appealed
that
planning
commission's
decision
to
the
city
council
right
and.
A
F
J
E
F
A
All
right,
I,
don't
see
anything
so
Jill
you're
back
on
the
hot
seat.
Any
updates.
A
All
right,
thank
you
Monique
or
Cassie.
Do
you
have
any
updates
for
us
from
the
city's
Clerk's
Office.
E
And
no
updates.
Your
next
meeting
is
scheduled
for
October
26th
and
so
far
we
have
one
appeal
schedules
for
that
date.