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From YouTube: Administrative Appeals Board | July 28, 2017
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A
C
D
Prior
to
your
consideration
of
that
motion,
I
want
to
place
the
board
members
on
notice
and
the
public
who
are
here
that,
rather
than
consider,
the
four
items
that
are
on
the
agenda
today
will
only
be
considering
two
items
because
items
1
a
and
1
D
have
been
pulled
by
staff
and
my
office
City
prosecutor's
office.
We've
managed
to
resolve
those
matters
based
upon
circumstances
of
those
two
particular
matters
which
were
related
to
Home
Sharing,
not
vacation,
rental
per
se.
The
current
ordinance
distinguishes
between
vacation,
rentals
and
home
shares.
E
A
Ladies
and
gentlemen,
with
the
acceptance
of
the
agenda
will
now
proceed
to
general
public
comment
before
the
board.
I
want
to
go
over
a
few
ground
rules
before
we
open
public
comment.
First
of
all,
the
board
generally
cannot
take
action
on
items
that
are
not
listed
on
the
agenda.
Secondly,
testimony
for
individual
hearings
will
be
had
during
those
hearings.
During
the
two
hearings
this
morning,
agenda
items
1b
and
1c.
We
will
open
public
comment
on
each
one
of
those
hearings.
A
Third,
public
comments
will
be
limited
to
three
minutes.
The
timer
will
indicate
right
in
front
of
the
microphone
when
your
time
is
up
by
the
illumination
of
the
red
light
to
address
the
board,
you
will
need
to
fill
out
a
speaker
card
which
looks
like
this.
The
speaker
cards
will
be
presented
up
here
and
I'll
call
in
the
order
which
we
received
as
the
presiding
officer.
I'll
call
your
name,
you
come
to
the
microphone
and
then
you'll
have
the
floor
for
three
minutes
to
address
the
board.
A
F
President
Palm
Springs
and
also
a
member
of
protect
our
neighborhoods
people
that
are
are
in
favor
of
shortening
break
vacation.
Rentals,
keep
saying
just
let
the
origins
for
me
not
only
the
industry
said
that
owners,
but
also
the
city
council
subcommittee,
our
city
manager
actually
said
in
an
interview
last
month
that
some
some
people
in
the
city
can't
help
make
this
ordinance.
Can
you
step.
F
Blooming
boys,
so
my
point
today
is
that
I
believe
that
the
city
is
under
ordinance
and
for
the
for
a
large
part
of
the
population
that
believes
that
it's
illegal
to
start
with
that's
wrong,
that
the
things
that
we're
doing
here
make
this
worse.
How
so
you
have
two
cases
now
in
front
of
you
and
you've
been
given
four
options:
yeah
when
I
read
the
ordinance
you're,
not
given
any
options,
the
option
it
says
under
C
Shou,
if
you're
found
guilty,
you
shall
pay
$5,000
and
you
shall
be
removed
forever.
F
So
my
question
is
to
the
city
is:
how
does
shall
become
maybe
or
how
does
maybe
become
we're?
Gonna
try
to
negotiate
something
before
it
gets
here
at
the
end
of
the
day,
this
is
a
binary
choice.
It
is
guilty
or
not
guilty
and
if
you're
guilty
you're
out
so
my
point
would
be
here-
is
for
the
integrity
of
this
ordinance
and
to
help
those
of
us
who
don't
agree
with
this
in
the
first
place,
if
found
guilty,
you
must
not
acquit.
Thank
you.
H
Morning,
board
members
and
staff
at
your
last
board
meeting
I
asked:
why
are
there
exceptions
and
second
chances
which
aren't
allowed
for
in
the
ordinance?
So
today,
I
asked:
why
is
a
code
enforcement
department
adjudicating
a
written
citation
after
it's
written
to
me?
I'm,
not
an
attorney,
it
would
be
as
if
you
got
a
traffic
ticket
and
then
the
individual
started
complaining
to
the
police
officer
and
he
decided
to
tear
the
ticket
up
or
give
you
a
lesser
offense
when
in
fact,
that
ticket
should
be
appealed
in
the
proper
manner
to
all
of
you.
H
This
disparate
treatment
appears
to
be
coming
pattern.
It's
nobody's
fault,
it's
a
fact
of.
There
are
no
written
procedures.
I
know
they're
coming
down
the
road,
but
since
there
are
no
written
procedures,
we
appear
to
be
in
the
Wild
West
and
this
flies
in
the
face
of
the
strong
enforcement
that
the
City
Council
enacted.
That's
all.
Thank
you.
A
Before
proceeding
to
the
next
command,
I
did
want
to
note
that,
in
their
interim
between
the
last
set
of
hearings
and
the
hearings,
we
have
today
on
to
say,
Palm,
Springs,
vacation
rental
department,
with
the
approval
of
the
assistant
city
manager
and
the
review
of
the
city
attorney,
has
adopted
a
regulation.
That
regulation
is
available
to
those
members
of
the
public
who
would
like
to
review
it
today
after
reviewing
it.
It
may
address
some
of
the
issues,
sir,
that
you
have
to
have
raised.
D
D
B
Good
morning
and
thank
you,
no
one
is
above
the
ordinance
and
what
we
discovered
from
our
last
meeting
going
on.
We
had
two
individuals
that
were
stayed.
They
were
given
a
process
that
was
not
in
the
ordinance.
We
did.
Let
them
go
back
and
now
they
can
become
eligible
for
an
STR
when
they
should
have
been
fined
as
an
STR
and
also
ineligible
and
five
thousand.
We
have
the
same
thing
happened
today.
B
Thank
you
very
much,
you're
changing
it
again
on
us
you're
getting
with
David
ready-
and
you
just
got
this
part-
that
changes
and
says
amending
that
they
can
do
what
they
want.
These
citations
are
citations
and
it
is
put
in
place
that
it
is
not
there.
I
didn't
get
a
voice
of
Appeal
when
someone
to
avoid
when,
against
my
appeal
on
a
citation
I,
don't
like
the
fact
that
now
we're
pooling
to
a
deal
with
stun
on
the
back
room
on
the
two
that
were
pulled,
Home
Sharing
does
fall
under
the
ordinance.
B
I
would
ask
that
you
as
a
board,
say
bring
it
forward,
because
this
has
got
to
come
up.
It's
gonna
continue
to
come
up.
It's
gonna
water
down
your
guys's
negotiation
skills
and
also
I'd
like
to
know
the
authority
of
you
as
a
prosecutor
and
a
city
manager.
That's
the
attorney
how
this
can
go
forward,
that
you
can
play
two
roles
and
then
also
claim
that
something
goes
to
the
California
Supreme
Court.
Why
do
we
not
suggest
to
the
people
that
now
you've
made
ineligible
and
given
a
$5,000?
B
Fine,
let
them
all
sue
the
city
like
the
people
were
not
allowed
permits
that
Kim
Davis
just
did
to
the
gays
when
she
did
not
give
them
permits
and
gave
each
one
two
hundred
and
thirty
thousand
dollars.
The
judge
did
I
want
to
know
why
the
process
is
the
process.
I
want
to
know
the
administration
I
want
to
know
the
backend
deal
that
went
on
on
the
tube
of
Home
Sharing.
That's
in
the
ordinance.
It's
not
a
$900
fee.
It's
a
225
or
$75
fee
Home
Sharing
is
part
of
the
ordinance.
B
A
Sir
one
one
issue
I
would
like
to
address
on
behalf
of
the
board
is
that,
as
with
any
other
administrative
body
or
court,
we
we
hear
the
cases
that
are
brought
before
us
and
they're,
obviously
to
parties
in
every
case.
If
those
parties
represent
that
before
the
hearing
occurs,
that
they
have
resolved
their
differences,
we
we
then
have
no
choice
but
to
accept
the
fact
that
that
that
action
has
been
withdrawn
from
our
agenda.
We
have
no
jurisdiction
to
bring
the
parties
before
us
and
hear
the
case
when
they
represent
that
they've
resolved.
A
B
B
You
can't
request
it,
but
then
something
illegally
was
done
in
my
eyes
as
a
resident,
and
this
is
an
explanation
that
needs
to
come
from
them
and
they
should
reinstate
it
and
bring
it
forward
because
documentation,
xand
Freedom
of
Information
Act,
will
request
all
that
information
to
find
out
what
went
down
and
what's
going
down,
there's
something
going
down,
and
these
should
not
be
done.
As
Mike
Cenci
said,
we
are
not
following
our
rules.
A
A
D
Want
to
note,
because
there
are
members
of
the
public
who
are
here
and
there
have
been
some
significant
aspersions
cast
during
the
public
comment,
I
plan
on
responding
to
those
comments
during
the
city
prosecutor
reports
and
comments
section
of
our
meeting
today,
but
I'm
not
going
to
proceed
out
of
water.
Suffice
it
to
say
for
now
that,
if
you
care
about
the
truth,
you'll
stick
around
and
hear
the
response.
Thank.
A
A
Okay,
we
will
now
proceed
with
agenda
item
1a
agenda
item
1a
before
I
open
it
I'm.
Sorry,
one
b
1a
has
been
removed
from
the
agenda.
I
did
want
to
review
for
those
of
you
who
will
be
presenting
to
the
board
during
hearings,
the
order
in
which
will
proceed.
We
start
with
the
city
compliance
Department
of
the
vacation
rental
department,
presenting
a
report
to
the
board
following
the
report.
A
The
board
members
will
have
an
obligation
and
a
an
option
to
address
the
members
of
the
city
compliance
department
with
any
questions
or
requests
for
information
after
that,
the
appellant
to
the
individual
who's
challenging
the
city's
action
will
then
have
an
opportunity
to
address
the
board.
Appellant
are
given
ten
minutes
of
time
in
which
to
address
the
board
following
that
members
of
the
public
who
wish
to
address
us
on
that
particular
case
may
do
so
at
that
time.
A
A
At
the
end
of
that
time,
the
presentation
of
evidence
will
be
closed
and
the
matter
will
go
before
the
board
for
public
deliberation
during
public
deliberation,
members
of
the
public
and
appellant
SAR
not
able
to
address
the
board
once
the
we
have
completed
the
acceptance
of
evidence.
That's
that's
the
end
of
of
our
intake
of
evidence,
either
by
documents
or
testimony.
A
So
at
this
time,
then
we'll
proceed
with
agenda
item.
1B
I
do
understand
that
the
appellant
is
not
present
and
is
not
going
to
be
present
today.
So,
unlike
other
cases
where
the
appellant
would
make
a
presentation,
we
have
accepted
a
letter
that
was
written
by
the
appellant
when
we
get
to
that
point
in
the
hearing,
I
will
give
the
board
members
a
few
minutes
to
re-review
the
letter
before
we
proceed
and.
D
H
And
the
board
Boris
stark
occasional
compliance
official,
the
city
of
Palm
Springs,
mr.
Jeffrey
open,
is
requesting
an
appeal
of
number
one:
permanent
and
eligibility
to
operate
a
vacation
rental
in
city
of
Palm
Springs
and
to
administrate
a
fine
of
$5,000
for
operating
an
unregistered
occasional
property
located
at
10:35
West
Oak
Crest
Drive
in
the
city
of
Palm
Springs,
the
property
located
than
35
West
okras
drive
from
Springs
has
not
been
issued.
A
vocational
certificate
by
the
city
of
Palm
Springs.
H
H
Advertised
of
the
property
located
than
35
Oak
Crest
Drive
Palm
Springs
California,
was
found
on
the
RV
Oh
calm
under
the
title
of
sunrise
in
his
townhouse
Palm
Springs
California
under
advertisement
number
at
9:36,
727
minimum
stay.
The
advertisement
stated
that
minimum
stays
40
nights,
page
2
of
15
of
their
advertisements,
which
states
minimum
state
14
nights
based
on
the
advertisement.
Information
administrative
citation
number
be
zero
zero.
One
three
in
amount
of
$5,000,
was
issued
to
Jeffrey
Lupin,
who
is
the
owner
on
title
or
operating
a
vacation
rental
without
a
vocational
certificate.
H
The
corrective
action
plan
was
included
to
stay
to
penalty
of
permanent
eligibility
to
operator
the
case,
rental
and
city
of
Palm
Springs,
if
completed
by
mr.
Lupin,
and
if
so
the
five
thousand
would
have
been
paid.
Accordingly,
the
administrator
citation
was
mailed
by
staff,
be
a
US
Postal
Service
and
was
received
on
June
14
2017
did
a
person
on
title
on
July
19th
2017
stabbed
at
a
routine
check
on
aprv
Oh,
calm
of
the
property
located
than
35
West
ochres
Drive.
The
property
listing
was
advertised
as
a
minimum
stay
of
30
nights.
H
Now,
educational
compliance
official
or
a
start
myself
attempted
to
book
the
property
online
for
less
than
thirty
two
nights.
Miss
Jodi
hoopin
responded
to
my
inquiry
and
provided
a
quote
for
12
nights
and
noted
that
if
I
wanted
to
book
for
three
weeks
that
townhouse
is
available
in
September
as
well.
This
was
done
on
GRB
Oh,
calm
under
advertisement
number
in
936
727
staff
is
noting
that
corrective
action
plan
was
not
completed
and
a
five
thousand
dollar
vacation
fine
has
not
been
paid
as
of
today.
By
with
mr.
who
canceled
I
open
it.
C
C
C
H
Objective
of
that
communication
was
according
to
their
appeal,
that
they
would
revert
to
a
30-day
minimum,
and
the
objective
was
to
confirm
what
they
have
stated
is
actually
true
and
in
fact,
what
they
would
be
doing
with
their
property
and,
unfortunately,
the
findings
were
not
in
line
with
what
they
were
advertising.
During
my
interaction
with
her
the.
C
D
Vice
chair,
I
think
I
can
assist
rather
than
provide
the
exact
answer.
Mr.
stark
gave
you
I
think
he'll
interrupt
me
if
I
make
a
mistake.
The
nature
of
the
contact
subsequent
to
the
citation
date
was
further
investigation
by
the
city
staff,
with
respect
to
exactly
what
the
circumstances
were
of
the
violation.
That
is
the
subject
of
the
citation
I
think
that
staff
probably
and
I'm
only
speculating
here.
Mr.
D
stark
will
correct
me
if
I'm
wrong
wanted
to
provide
the
appeals
board
with
the
fullest
amount
of
information,
the
greatest
amount
of
information
possible
with
respect
to
what
might
have
gone
on
that
date
of
the
citation
in
terms
of
the
relevance
of
that
and
the
significance
of
that,
it's
certainly
the
case
that
in
any
prosecution
how
a
person
behaves
after
having
committed
a
violation
is
relevant,
circumstantial
evidence
with
respect
to
the
events
and
the
intent.
If
Intendant
is
in
fact
a
relevant
aspect
of
the
offense,
that's
alleged
to
have
been
committed.
D
So
again,
this
would
be
investigative
activity
undertaken
by
the
staff
subsequent
to
the
violation,
you're
quite
correct
that,
if
that's
all
they
had,
there
would
be
no
evidence
of
a
violation
but
I
think
staff
is
offering
it
to
the
board,
insofar
as
staff
wants
to
supplement
the
picture
of
what
it
was
able
to
gather.
These
would
be
investigation
up
to
and
including
the
date
of
the
violent.
What.
C
D
A
H
E
H
Is
correct,
I
was
following
with
their
appeal,
stated
and
continuing
our
investigation
into
operation
of
this
vacation
rental,
in
which
case
they
did
not
follow.
That
is
correct.
What
they
advertised
was
a
30-day
minimum
and
upon
inquiry
for
for
less
than
28
days.
On
two
occasions.
During
our
conversation,
the
property
was
offered
to
be
booked,
including
a
a
what
you
would
call
a
quote
or
approval
to
book.
Their
property
was
sent
via
email
by
the
by
the
owner
of
the
property.
H
C
C
G
Thank
You
mr.
chair
I
was
just
gonna.
Ask
mr.
stark.
It
appears
that
the
property
is
owned
by
Jeffrey.
You've
been,
and
he
refers
to
his
wife
in
his
letter
to
the
board,
and
his
explanation
is
that
he
never
received
any
notice
from
the
city
of
any
ordinance
change
he's
a
resident,
an
out-of-state
resident.
G
H
You
are
you
asking:
was
their
administrative
notice
sent
warning
them
that
they
may
be
in
violation,
we're
asking?
No,
it
was
not
sent
actually
there's
an
administrative
regulation
dating
back
to
2000
I
believe
12
that
forgoes
warnings
in
in
the
case
of
vacation
rentals
in
this
kind
of
a
manner
we
we
do
not
give
warnings
of
violations
to.
Instead,
we
proceed
directly
to
the
violation.
D
A
D
The
city
prosecutor
in
these
proceedings
I
appreciate
the
fact
that
I
do
have
that
function
outside
these
meetings.
With
respect
to
mr.
yubin's
appeal,
as
I
said,
there
are
some
written
materials
submitted.
You'll
recall
that
on
the
last
hearing
date
we
had
someone
did
who
did
fly
in
from
out
of
state.
That
was
appreciated
to
the
extent
that
these
proceedings
are
accorded
the
dignity
that
they
have
people
who
are
subject
to
them.
But
it's
a
situation
where
mr.
D
you've
been
contacted
the
city
and
he
was
looking
for
a
reasonable
manner
in
which
he
could
proceed
to
pursue
his
appeal,
while
at
the
same
time
not
spending
the
money
on
his
airplane
ticket.
So
as
the
city
prosecutor,
I
made
a
decision
that,
provided
we
had
a
properly
authenticated
statement
from
mr.
huben
that
we
would
allow
it
to
be
presented
to
you.
D
So
what
we
did
to
authenticate
that
statement
is
we
had
him,
send
it
via
email
and
also
obviously
in
hard
form
in
the
original
in
a
notarized
form,
and
we
also
had
him
telephonically
verify
the
content
of
what
was
transmitted
after
the
fact
so
I'm
comfortable,
particularly
as
I
explained
to
all
of
you
last
time
pursuant
to
chapter
2.50,
that
the
the
rules
of
evidence
don't
all
apply
here
in
these
proceedings,
that
there
are
different
parameters
for
what
comes
in
and
what
you
all
consider
that
it's
appropriate
for
you
to
consider
mr.
yubin's
written
narrative.
D
He
did
provide
it
to
you
under
penalty
of
perjury.
As
you
see,
we
require
that
anyone
who
participates
in
these
hearings
render
and
tender
any
evidence
that
they
have
again
under
penalty
of
perjury,
so
that
there's
a
guarantee
with
respect
to
its
veracity
by
the
person
who's,
offering
the
evidence
and
I
didn't
want
you
to
accord
mr.
yubin's
comments
any
less
dignity
or
credibility
than
you
would
if
he
was
here
to
make
them
himself.
That
said,
I
regard
his
declaration
or
his
document.
D
D
A
A
A
F
I
have
two
comments
about
this
issue:
I'm
a
little
baffled
about.
Why
we're
even
having
discussed
about
this?
If
we're
gonna
spend
this
much
time
on
unpermitted
properties,
it's
gonna
be
a
real
problem.
We
get
gets
suspensions.
The
permitting
process
has
been
in
place
since
the
fourth
quarter
of
2008.
F
Nobody
can
say
they
didn't
know
about
this,
so
on
the
face
of
it,
he's
guilty,
and
that's
just
yet.
Secondly,
I
have
a
problem
with
the
basic
concept
that
we're
now
allowing
people
do
not
show
up
submit
stuff.
In
writing.
Mr.
cotton
said
no,
a
few
weeks
ago,
if
I
were
to
appear
in
court
for
a
traffic
ticket
didn't
show
up
I'm
guilty.
So
again
the
process
has
to
have
some
integrity
and
I.
Don't
think
this
does
at
this
point.
So
thank
you.
A
They're
there
any
other
members
of
the
public
who
wish
to
address
the
board
on
this
agenda.
Item
1b:
okay,
very
good
I'm,
closing
public
comment
at
this
time
and
will
because
we
have
no
further
evidence
being
presented
by
the
appellant
other
than
the
written
statement.
I
will
ask.
The
city
is
based
on
their
written
statements.
They
wish
to
present
a
rebuttal
statement.
A
D
A
E
After
reading
mr.
upins
response
in
his
claiming
not
to
know
I
agree
that
there's
no
way
he
could
not
have
known
the
a
type
of
the
policy
has
been
in
effect
for
almost
10
years
now.
Anybody
would
have
any
kind
of
knowledge,
even
if
they've
been
only
in
town,
especially
when
he
claims
that
he
was
in
town,
December,
January
and
then
March
I
know
that
it
was
all
over
the
place
all
three
of
those
months,
because
it
was
a
very
been
a
very
hot
issue
for
over
a
year
now.
E
E
E
Then,
with
the
addition
to
that,
with
them,
after
after
them
being
fined
and
having
well
known
and
by
then
mr.
Boris
still
tried
to
see
if
they
would
rent
it
out
for
less
than
30
days,
which
they
said
they
would
and
even
offered
him
a
better
deal
if
he
did
it
for
three
weeks
instead
of
two
for
12
days
rather,
okay
shows
pretty
much
that
they're
not
following
what
even
they
said
they
wanted
to
follow.
So
that's
all
I
got.
Thank
you.
G
Mr.
Cleary,
yes
Thank
You
mr.
chair,
my
only
comments
referred
to
mr.
yubin's
letter.
Obviously
the
board
wanted
to
give
him
an
opportunity.
The
point
is
for
them
to
have
a
opportunity
to
be
heard
and
receive
notice
to
do
so.
So
he's
written
a
letter
in
his
letter.
It
appears
to
me
that
he
indicates
that
his
association,
where
his
residence
is
located,
prohibits
rentals
for
less
than
30
days
that
they
have
not
ready.
He
states
that
they
have
not
rented
out
the
toun
home
for
less
than
30
days.
G
In
contrast
to
mr.
Starks
subsequent
investigation,
mr.
huben
claims
that
he
had
refused
and
offered
to
rent
it
for
two
weeks.
So
we
do
have
a
dispute
as
to
whether
or
not
he's
engaged,
but
clearly
the
homeowner
is
denying
that
he's
rented
the
home
for
less
than
30
days
and
in
all
the
10
year
period
that
he's
owned.
G
But
you
know
here
you
are
in
a
quandary.
You
have
a
homeowner
claiming
that
he
did
not
violate
the
statute
and
the
evidence
against
him
is
zero
direct
evidence.
There's
no
direct
evidence,
there's
nobody
that
has
walked
up
to
the
door
and
observed
this
being
rented
at
the
time.
There's
no
witnesses
from
the
Association.
There's
no
neighbors
here
to
testify
that
this
is
in
fact,
what
occurred.
All
that
is
presented
is
hearsay,
evidence,
hearsay,
evidence
in
the
form
of
a
VRBO
this
stage
and
that's
hearsay.
Hearsay
is
a
statement
made
out
of
the
proceeding.
G
A
VRBO
is
not
present
in
this
room
to
tell
us
anything.
So
the
statement
from
VRBO
is
made
outside
of
this
hearing
at
this
and
is
not
made
at
this
time.
That's
a
hearsay
statement.
The
rules
that
are
2.50
indicate
that
it's
a
relaxed
proceeding
that
here
is
admissible,
that
we
can,
you
know,
conduct
the
hearings
in
a
more
relaxed
manner
and
use
evidence
that
a
reasonable
person
would
be
would
deem
relevant
in
the
conduct
of
their
important
personal
affairs.
G
However,
the
rule
also
states
that
we
are
prohibited
from
making
a
finding
based
on
hearsay
alone.
If
it
is
subject
to
an
objection
and
would
not
be
admissible,
a
civil
proceeding,
that's
what
the
rule
state
we
are
prohibited
from
making
a
finding
based
on
this
evidence
alone.
Direct
evidence
is
preferred.
G
A
Based
on
what
I've
reviewed,
I
I
look
at
the
evidence
of
the
city
presented,
there
was
an
advertisement
on
June,
13,
2017
I,
look
at
the
appellant
letter
where
the
appellant
states
we
advertised
the
time
in
town
home
on
VRBO.
He
basically
admits
in
the
second
paragraph
that
he
advertised
her
fewer
than
14
days
and
his
intent
was
to
solicit
individuals
to
rent
his
his
home
and
whether
is
actual
intent
was
for
greater
than
28
days.
A
He
states
in
the
second
paragraph
that
he
advertised
for
14
days
and
I
think
holding
him
to
the
advertisement
that
he
placed
on
the
RPO
is
appropriate.
I
also
would
note
that
it's
my
understanding
that
this
case
seems
to
fall
in
terms
of
public
policy
right
into
the
one
of
the
major
purposes
for
this
ordinance,
which
is
we
have
an
individual
who
does
not
live
in
Palm
Springs
in
fact
lives
far
away
from
Palm
Springs
and
his
claiming
ignorance
of
the
ordinance.
A
A
A
Is
there
a
second
second?
So
there's
a
motion,
that's
been
brought
by
mr.
Kearns
and
seconded
by
mr.
Howard.
The
motion
is
that
the
board
deny
the
appeal
of
the
administrative
decision.
The
mr.
UPenn
is
permanently
ineligible
to
operate
a
vacation
rental
in
the
city
of
Palm
Springs
and
the
administrative
fine
of
$5,000
for
operating
an
unregistered
vacation
rental
for
the
property
located
at
10:35
West
Hillcrest
Drive,
translated
for
the
public
by
this
motion
is
proposing
that
we
uphold
both
of
the
remedies
that
were
imposed
by
the
city.
E
B
A
At
this
time
we
will
proceed
with
agenda
item
1c.
This
is
an
appeal
of
the
administrative
decision
that
mr.
Clark
thunderous
sorry
mr.
Jonathan
Clark
bender
is
permanently
ineligible
to
operate
a
vacation
rental
in
the
city
of
Palm
Springs
and
the
administrative
final
$5,000
for
operating
an
unregistered
vacation
rental
property
located
at
1
0
to
0
East
Kristina
way.
At
this
time,
I
will
open
the
floor
to
the
compliance
representatives
from
the
city
to
present
a
staff
report.
Mr.
D
Chair
before
Ms
Severn
delivers
the
staff
report.
This
is
an
interesting
situation
different
from
the
others
that
we've
dealt
with
up
to
now
and
I
want
to
explain
a
certain
element
factually
of
what's
going
on
here.
Mr.
stark
actually
had
a
life
before
he
became
a
city
employee.
He
didn't
just
materialize
one
day
at
City,
Hall
and
in
the
course
and
scope
of
his
prior
life.
He
actually
managed
vacation
rentals
for
a
private
company.
In
that
capacity
he
has
some
familiarity
with
mr.
D
bender,
and
what
I
did
not
want
to
happen
was
for
that
interaction
to
in
any
way,
shape
or
form
taint.
These
proceedings
I
did
some
thorough
analysis
yesterday
of
mr.
Starks
relationship
with
his
employer
and
the
relationship
that
that
employer
had
with
mr.
bender
and
I,
want
to
inform
and
advise
the
Appeals
Board
that
I
have
no
reservation.
I
know
mr.
stark
sitting
here
and
remaining,
as
you
probably
all
know,
in
the
context
of
government
work.
D
When
there
are
financial
conflicts
of
interest,
we
require
government
officials
to
recuse
themselves,
but
so
that
these
proceedings
are
in
fact
above
and
beyond
reproach
or
any
collateral
attack.
With
respect
to
the
integrity
of
these
proceedings,
I
wanted
to
make
this
comment
in
the
unlikely
event
that
the
applicant,
the
appellant
in
this
man,
would
suggest
or
urge
the
board
to
infer
that
mr.
Starks
past
life
in
any
way
impacted
the
enforcement
action.
D
Here
there
is
no
financial
conflict
of
interest,
but
in
light
of
the
fact
that
he
did
have
that
prior
life,
I
have
instructed
him
to
refrain
from
participation
in
these
proceedings
so
that
even
the
appearance
of
impropriety,
let
alone
any
actual
impropriety,
not
taint
these
proceedings.
The
Severn
will
deliver.
The
staff
report
and
I
may
have
comments.
Afterward
thank.
A
D
Address
that
now
mr.
stark
did
in
fact
sign
one
of
the
citations
I
believe
it's
the
final
citation
for
the
$5,000,
but
he
did
that
at
a
ministerial
capacity
and,
more
importantly,
it
was
not
a
violation
of
the
conflict
of
interest
laws
that
apply
here
in
the
state
of
California
to
official
activity.
I'll
also
tell
you
that
as
a
practical
matter,
because
I
didn't
know
much
about
mr.
D
Starks
prior
life,
I
just
met
him
myself
when
I
got
hired,
but
now
that
I
know
that
he
had
this
specific
responsibility
on
an
ongoing
basis,
so
that
this
issue
doesn't
even
need
to
be
discussed
ever
again.
If
there
are
vacation
rentals
with
which
his
prior
employer
interacted,
he
won't
be
involved
in
any
way
shape
or
form
in
those
investigations.
So
your
question
is
a
good
one.
It
basically
zeroes
in
on
the
city's
desire
to
always
be
again
above
and
beyond
reproach
a
million
miles
outside
the
specter
of
any
appearance
of
impropriety.
D
A
I
You
chair
mr.
Jonathan
Clark
bender
has
requested
an
appeal
of
one:
the
permanent
ineligibility
to
operate
a
vacation
rental
in
the
city
of
Palm
Springs
and
to
the
administrative
fine
of
$5,000
for
operating
an
unregistered
vacation
rental
property,
which
is
located
at
1020,
East
Kristina
way
in
Palm
Springs.
I
The
property
at
10:20,
East,
Christina
Way,
as
noted,
was
managed
previously
by
a
local
management
company.
That
relationship
ended
that
business
relationship
ended
in
December
2015.
The
city
has
not
issued
a
vacation
rental
permit
directly
to
mr.
bender.
For
this
property
staff
has
determined
that
the
owner
has
advertised
and
operated
the
property
as
a
vacation
rental.
There
were
two
prior
administrative
citations
issued
under
the
previous
order
for
the
same
violation
that
I'll
speak
to
in
a
little
bit.
I
I
The
advertisement
states
a
minimum
stay
of
two
to
four
nights
and
I've
note
that
there
were
two
pages
that
said
that
the
owner
has
been
a
member
of
VRBO
since
2003
the
description
of
the
property
that
is
called
about
the
property
states,
perfect
Palm,
Springs,
vacation
home
for
short
or
extended
stays,
and
there
were
nine
separate
traveler
reviews
from
guests
days
during
the
months
of
February,
through
September,
2016
and
and
in
your
staff
report.
I've
quoted
some
of
those
reviews.
I
Based
on
this
advertisement,
it
was
determined
that
the
owner
was
operating
a
vacation
rental
without
a
certificate
that
citation
was
issued
to
mr.
bender,
who
is
the
owner
on
title
city
records
indicate
the
citation
was
sent
to
via
ontrack
delivery
service
to
a
7208,
lopressor
drive,
Los
Angeles
address,
and
that
was
based
on
County
records.
Indicating
the
owners
mailing
address
at
the
time
on
track
did
confirm
delivery
on
December
28th
at
7:15
p.m.
I
I
Again,
there
was
a
calendar
last
updated
January,
24th,
2017
minimum
stayed
at
two
nights
about
the
property
continues
to
stay
perfect,
Palm,
Springs,
vacation
home
for
a
shorter,
extended
stays
and
those
nine
separate
traveler
reviews
or
on
there
continue
to
be
on
there.
Based
on
that
advertisement,
it
was
determined
that
the
owner
was
continuing
to
operate
a
vacation
rental
and
we
issued
that
citation
number.
A
one
704
that
was
issued
to
mr.
bender
owner
on
title
city
records
indicate
that
the
citation
was
sent
to
the
on
track
service
to
the
lopressor
drive
address.
I
In
this
case,
that
package
was
returned
to
City
Hall
by
on
track,
as
undeliverable
consigning
has
moved
so
our
office
recent.
In
the
interest
of
extreme
cautiousness.
We
had
no
reason
to
believe
that
mr.
bender
hadn't
received
the
first
citation,
but
to
be
cautious
and
and
careful
we
resent
both
citations
on
March,
2nd
2017.
We
sent
a
letter
to
mr.
I
bender
at
the
toilet
at
10:20
East
Christina,
Way
property
address,
since
he
was
the
owner
on
title
and
we
stated
we
attached
a
copy
of
each
citation
and
we
asked
that
those
be
paid
by
March,
16
2017
city
records
indicate
that
on
track
did
deliver
that
it
was
signed
for
by
an
individual.
As
noted
in
the
staff
report
on
March
8th.
I
See
all
right
so
then
that
brings
us
to
June
7th
June
7th.
We
issued
a
citation
p,
zero,
zero,
zero
three
advertisement
at
the
front
at
the
property
again
was
found
on
VRBO
the
advertisement
number
302,
nine
eight.
The
advertisement
said
the
calendar
was
less
dated:
On
June
7.
Now
the
minimum
stay
continued
to
be
two
nights.
I
That
was
stated
in
two
places
in
the
ad
about
the
property
continued
to
advertise,
perfect
Palm,
Springs,
vacation
home
for
shorter,
extended
stays
and
in
the
rates
and
availability
section,
its
States,
my
standard
rate
to
night
minimum
and
a
price
at
275
nightly,
and
there
are
separate
traveler
reviews
from
guests
days
during
the
months
of
January
through
April
2017,
and
those
reviews
do
mention
mrs.
bender
by
name
based
on
that
advertisement.
We
did
issue
fees,
zero,
zero,
zero,
zero,
zero.
Three-
it
was
a
five
thousand
dollar
citation
it
was
issued
to
mr.
I
bender,
owner
and
city
records,
indicate
that
this
citation
was
sent
to
the
christina
way
address.
The
package
was
returned
to
City
Hall
by
on
track
as
undeliverable
and
able
to
obtain
signature
staff,
resent
this
citation
and
letter
via
Federal
Express.
After
after
doing
some
online
research,
we
we
sent
it
to
what
we
believed
was
mr.
benders
work
address
and
in
Washington
DC
we
sent
that
on
June
14th.
I
A
I
I
A
Can
you
describe
better
the
city's
practice?
You
mentioned
it
because
there
were
two
prior
citations.
It
was
not
offered
if
you
could
just
review
for
the
board.
Is
it
your
practice
that
you
only
offer
corrective
action
plans?
Who
someone
has
only
one
citation
and
you
offer
it
in
relation
to
that
citation
your.
D
Your
beginning,
the
discussion
that
I
will
try
to
initiate
when
I
make
my
comments
later
today,
but
I'm
happy
to
do
that
in
the
context
of
this
appeal.
In
light
of
miss
Severns
comments,
whether
to
offer
a
corrective
action
plan
is
a
discretionary
matter
within
the
office
of
the
city
prosecutor
and
as
a
practical
matter
that
discretion
is
exercised
on
a
case-by-case
basis.
D
With
respect
to
all
of
the
facts
of
a
particular
case,
I
will
note
that
in
this
particular
case,
since
I'm
being
asked
the
existence
of
the
past
history
was
the
primary
factor
that
weighed
heavily
in
my
judgement
that
no
corrective
action
would
be
offered.
But
there's
not
going
to
be
a
regulation.
There's
not
going
to
be
an
ordinance
that
documents
how
and
when
and
why
and
where
prosecutorial
discretion
is
exercised.
That's
just
not
the
nature
of
law
enforcement.
I
G
I
G
G
I
G
I
G
I
Don't
but
I'd
like
to
remind
you
that
on
March
2nd,
we
resent
both
citations
to
the
Christina
Way
address
and
those
were
signed
for
by
an
individual
and
and
they
were,
that
is
the
property
at
issue
and
they
are
untitled
for
that
and
that
was
signed
for.
So
we
were
reasonably
assuming
that
that
was
received.
G
I
G
G
E
I
I
G
G
E
A
A
So
I'm,
not
certain
if
you
were
present
earlier
when
I
went
over
the
process
as
the
appellant
we
give
you,
we
afford
you
the
courtesy
of
giving
you
ten
minutes
as
opposed
to
the
three
minutes
we
provide
to
the
public.
So
you
can
give
a
full
presentation
to
the
board.
I
have
before
me
your
speaker
card,
which
you
have
signed,
and
so
when
you're
ready
to
proceed,
please
you
know.
Mr.
D
Chair
before
mr.
bender
begins,
I
want
to
make
a
comment.
I
didn't
make
this
comment
today,
I
made
it
at
the
last
hearing
and
I
told
miss.
You
you've
been
on
the
telephone
but
I'm
going
to
tell
mr.
bender
so
that
there's
no
lack
of
communication.
There's
four
bodies
up
there,
I'm
sure
you
count
them
as
well
as
I
do.
In
order
to
win
this
appeal.
You're
gonna
need
three
of
them.
A
2-2
tie
vote
does
not
amount
to
winning
the
appeal.
D
J
A
A
Getting
to
is
before
you
present,
any
more
information
to
the
board
may
be
appropriate
to
take
a
short
recess
for
you
to
consider
what
the
same
prosecutor
had
mentioned.
The
board
can
take
a
short
break
and
we'll
come
back
from
recess,
and
you
can.
Let
us
know
that
we'll
also
give
you
an
opportunity,
if
you
wanted
to
confer
with
someone.
D
A
A
D
You're
you're
entitle
and
that's
why
I
say
what
I
said,
because
if
you
wish
to
postpone
this
matter,
you
had
the
right
to
have
this
heard
here
today.
We
can't
take
that
right
away
from
you,
I
wanted
to
make
sure
that
we
afforded
you
the
due
process
to
which
you're
entitled.
Now
you
have
a
decision
to
make
and
whether
you
want
to
make
it
now
or
after
a
break
is
up
to
the
is
up
to
you.
Thank.
D
A
Bree
and
the
recess
of
the
special
meeting
of
the
Palm
Springs
Administrative
Appeals
Board,
is
now
over.
The
board
is
back
in
session
at
this
time.
We'll
call
mr.
bender
forward
please
and
mr.
bender.
We
would
ask
if
you
had
an
ample
opportunity
to
consider
the
options
that
we
discussed
prior
to
the
recess
and,
if
you're
prepared
to
let
us
know
whether
they're
gonna
proceed
or
request
a
continuance
ample.
D
In
light
of
that
decision,
we'll
need
to
pick
a
date
certain
at
this
time,
unless
you
want
to
leave
it
open
and
have
it
be
a
not
to
occur
after
certain
date,
I
will
say
for
the
board's
edification
what
I
said
earlier,
which
is
you're
not
entitled
to
have
five
board
members.
So
at
some
point
in
time
this
hearing
is
going
to
occur,
even
if
we
have
trouble
getting
a
fifth
board
member.
The
flipside
is
that
we'd
love
to
have
a
fifth
board
member,
and
we
will
continue
seeking
the
to
fill
that
position.
D
J
J
D
J
D
A
J
D
You
want
to
schedule
a
time
to
communicate
with
the
city
regarding
this
matter
reach
out
to
the
city
clerk.
What
we're
going
to
do
the
sort
that's
miss
Hart,
we're
going
to
set
a
date
that
is
acceptable
to
the
board
and
acceptable
to
the
staff
to
come
back
and
conclude
these
proceedings
either
with
or
without
a
fifth-order
member.
D
J
E
G
D
D
That
provides
a
certain
lack
of
certainty
that
I'm
less
than
comfortable
with
with
respect
to
the
conclusion
of
this
appeal,
which
is
already
midstream.
Please
understand
that
the
city
has
videotape
of
what's
happened
up
to
now
that
videotape,
if
we
do
in
the
unlikely
event,
see
a
fifth
board
member
before
the
next
hearing
that
videotape
will
be
available
to
that
board.
Member
and,
from
my
vantage
point,
I'm
just
looking
for
certainty,
I,
don't
care
what
you
decide!
A
C
D
Prosecutor
I
want
to
concur
with
vice-chair
Howard.
We
made
the
comment
we
did
out
of
concern
for
due
process
and
I
did
that
to
ensure
the
integrity
of
this
prosecution.
This
these
proceedings
before
the
appeals
board,
then
the
appellant
made
some
comments
that
it's
really
not
even
about
the
fifth
board
member.
It's
about
the
permanent
ineligibility.
It's
not
my
decision,
but
the
board
can
refuse
to
grant
the
continuance
if
it
wants
to
as
a
practical
matter,
we're
here
we're
in
the
middle
of
proceedings
right
now,
staff
has
presented
its
evidence.
D
There's
been
board
discussion,
the
appellant
here
he
had
notice
it's
not
the
notice,
perhaps
that
he
would
have
wanted,
but
he
had
notice
and
in
fact
the
staff
has
taken
considerable
steps
to
accommodate
the
appellant
with
respect
to
the
timing
of
these
proceedings.
So
mr.
Howard's
comments
are
appropriate
and
that
is
why
I
did
not
want
to
leave
these
proceedings
without
either
a
date
certain
or
a
not
to
not
to
occur
after
date,
because
I
I
don't
want
to
see
this
process
and
this
appeals
board
manipulated
or
taking
it
for
granted.
D
I'm
going
to
make
sure
that,
in
addition
to
all
of
the
notices,
we
provide
for
future
appeals
board
hearings
that
we
tell
our
appellant
that
there's
only
four
board
members
if
we
haven't
yet
filled
that
fifth
seat
and
that
no
continuance
will
be
granted
on
that
date,
but
that,
as
a
practical
matter,
they
need
to
get
three
votes
out
of
four
and
the
only
reason
that
I'm
affording
that
due
process
today,
as
I
did
last
time,
is
that
notification
wasn't
in
the
citation.
We
have
to
be
fair,
but
I
concur
with
chair
Howard.
D
This
ordinance
is
to
be
enforced.
That
is
the
direction
of
the
City
Council,
and
that
is
certainly
my
intent
in
these
proceedings.
So
I
would
appreciate
it
if
we
come
back
before
the
end
of
August.
If
that
is
in
fact
what
the
board
wants
to
do,
if
the
board
wants
to
it's
within
its
rights
to
insist
that
we
proceed
today,.
A
Man
speech
in
fairness,
mr.
Brenner
there
there
was
an
offer
that
was
communicated
to
him
before
the
recess
and,
as
you
noted,
sir,
that
this
is
new
information
to
him.
It
was
not
provided
before
this
this
day
and
we
gave
him
an
opportunity
to
consider
his
options.
He
is
determined
that
he
wants
to
exercise
an
option
to
continue.
I
think
the
only
issue
before
the
board
right
now
in
fairness
to
mr.
bender,
is
how
long
would
the
continuance
take
place?
A
J
First
I'd
like
to
address
mr.
Howard's
point
and
just
put
him
at
ease
that
and
I
think
miss
Severn
will
verify
that
the
listing
has
been
taken
down
the
properties
that
there
is.
You
know
no
further
violations
happening.
So
just
to
put
you
at
ease
about
that.
Second
I
would
say
that
I
would
I
would
suggest,
maybe
for
the
convenience
of
you
all
that
at
the
next
meeting
of
the
appeals
board
that
we,
you
know
that
we
appear
the
next
time
you
guys
regularly
are
scheduled
to
meet.
J
A
We
have
a
request
from
the
city.
Weaver
from
the
I
would
propose
that
we
consider
a
middle
ground,
which
would
be
that
we
could
say
that
the
continuance
would
be
no
greater
than
60
days.
However,
if
this
board
is
scheduled
to
meet
either
for
a
special
irregular
me,
but
I
guess
it'd
be
a
special
meeting
that
your
cases
prior
to
the
60
days
that
we
would
send
to
mr.
Gunther
his
case
would
be
heard.
E
I'm
more
apt
to
agree
with
both
mr.
Konkan
and
city
staff
members
for
the
30
days
more
towards
the
fact
that,
because
I
do
reside
here
in
Palm
Springs,
but
my
permanent
job
does
at
times
take
me
out
of
sometimes
in
the
entire
state
for
periods
of
time,
and
it
makes
it
hard
for
me
to
schedule
a
time
to
come
back
if
I
don't
have
at
least
a
30
day
notice
to
come
back
right
now,
I'm
scheduled
here
throughout
the
end
of
August.
A
C
All
right,
well,
I,
would
just
observe
that
that's
not
a
date
certain
at
all,
and
it
seems
to
me
a
pretty
difficult
task
putting
on
the
city
clerk
to
to
somehow
make
that
happen.
With
input
from
the
four
of
us
staff
that
mr.
bender
it
might
be
a
worthy
objective.
I,
don't
know
how
possible
it
is,
but
may.
B
A
E
G
C
J
D
A
A
Correct
that
we
were
going
to
give
you
the
option
of
having
a
appeal
hearing
before
five
members
in
light
of
the
fact
that
input
from
City,
Clerk
and
also
from
the
city
prosecutor
is
that
it
would
be
unlikely
that
the
fifth
board
member
would
be
appointed
and
prepared
to
hear
appeals
by
the
end
of
August.
Since
that
was
the
issue
that
was
initially
raised.
That
led
us
to
where
we
are
now.
I
would
propose
again
that
we
extend
the
continuance
to
the
end
of
September.
We
set
a
date,
certainly
of
mr.
A
Kearns
is
out
during
the
month
of
September
I
suggest,
maybe
the
first
week
of
October
when
he's
returned,
and
we
set
a
date
certain
that
all
of
us
agree
to.
It
seems
consistent
with
the
issue
that
was
initially
raised
and
brought
us
to
this
point
and
again
in
fairness.
This
is
the
first
time
the
appellant
is
hearing
about
this
issue
and
so
I'm
trying
to
take
that
into
consideration.
G
A
D
J
G
Well,
I
agree
with
mr.
chair
with
your
comments,
I
think
in
practical
speaking
and
in
view
of
the
possibility
of
filling
a
vacancy
and
in
view
of
the
fact
that
mr.
bender
would
like
some
additional
time
and
we
have
discretion
under
the
rule
to
grant
a
continuance
even
during
the
middle
of
the
hearing,
if
it
would
be
in
fairness
to
any
side.
So
I
think
that
in
fairness,
it
should
be
accommodated
and
I
agree
with
the
time.
A
C
Is
another
common
order?
Yes,
sir,
the
my
head
is
spinning
here
on
what
we're,
if
we're,
if
we're
dealing
with
the
four-member
issue
or
some
other
issue,
if
it's
the
four-member
issue,
it's
unlikely
that
a
fifth
member
is
going
to
be
here
even
by
October,
it's
very
unlikely,
but
even
if
it
were,
what
we're
hearing
is
that
there
may
be
another
board
member
who's
out
of
town
that
cannot
attend
the
hearing.
C
The
four
member
issue
is
something
that
we
all
are
subject
to
at
any
time
whether
there
are
five
people
on
the
board
or
four
people,
so
I
think
it's
it's
just
a
a
circular
exercise
in
futility
to
try
to
to
try
to
lock
down
whatever
advantage
anyone
may
perceive
in
presenting
an
appeal
to
a
five
member
versus
a
four
member
board.
Those
those
circumstances
occur
throughout
government
in
in
various
forums,
different
multi
member
courts
or
governing
bodies,
and
it's
just
dealt
with
as
a
matter
of
course,
and
and
within
the
law.
C
C
A
G
A
Sir
okay,
the
board
unanimously
continues
this
hearing
until
Monday
August
28th
at
8:30
a.m.
where
we'll
reconvene
I
wanted
to
ask
the
city
clerk
in
terms
of
reconvening
for
a
special
meeting
at
that
time,
when
we
reconvene
at
City
Hall
or
will
we
still
be
here
in
the
primrose
sea
room
and
the
convention
center
I?
Think.
C
A
A
G
Would
state
that
we
had
four
scheduled
hearings,
I
think
for
today
we
were
able
to
deal
with
two
this
morning
with
breaks
and
commentary.
I
would
think
that
two
to
three
in
a
morning
session
and
if
there
was
more
than
that
two
to
three
and
an
afternoon
session,
would
be
the
maximum
that
would
seem
to
be
able
to
be
handled
by
the
board,
with
questions
and
comments
from
the
public
to
allow
the
homeowner
and
the
staff
and
board
members
to
comment.
A
Thank
you,
I
want
to
address
the
city
clerk.
The
board
wanted
confirmation
that
the
Administrative
Procedures
that
we
considered
during
our
last
meeting
were
actually
adopted.
We
believe
that
we
unanimously
approved
the
procedures
in
the
last
draft
that
we
reviewed.
We
wanted
to
confirm
that
with
the
city
clerk
that
they
have
been
approved,
they
haven't
appeared
yet
on
the
website.
We
were
wondering
if
there
was
if
there
was
any
additional
amendments
or
comments
to
address
no.
B
C
B
A
D
I
think
that's
a
great
question.
Mr.
chair,
the
ordinance
that
is
ordinance
number
19
8
that
controls
pretty
much
everything
that
our
vacation
rental
staff
does
with
respect
to
regulating
this
area
is
a
very,
very
fine
document.
It's
also
not
perfect.
There
are
some
changes
that
are
going
to
be
forthcoming
during
the
month
of
September
clarifications.
D
Eliminations
of
conflicts
with
respect
to
verbage
in
the
ordinance
and
intent
of
the
City
Council,
in
adopting
the
ordinance
and
as
a
practical
matter,
the
city's
I
think
done
a
yeoman's
job
as
the
city
prosecutor
anyway,
I
can
say
this
of
getting
on
top
of
something
that
was
a
major
issue
of
local
concern.
Now
that
doesn't
mean
that
it's
a
static
thing,
in
fact,
just
the
opposite.
D
There
are
stakeholder
meetings
that
go
on
all
the
time.
There
is
an
ad
hoc
subcommittee,
there's
I
believe
the
standing
subcommittee
as
well
and
I
can
tell
the
board
that
these
regulations
were
contemplated
specifically
by
the
ordinance
as
an
exercise
of
the
city
manager's
discretion
in
an
effort
to
clarify
the
ordinance
where
clarification
seemed
appropriate.
D
Well,
we
had
our
first
hearings
before
the
appeals
board,
quite
recently,
as
you
all
know,
and
the
staff
had
been
defining
operation
of
a
vacation
rental
as
being
perfectly
satisfied
by
the
advertisement
of
that
vacation
rental,
and
they
explained
to
the
board
the
many
substantive
reasons
that,
in
this
particular
area
of
regulated
activity,
that
advertisement
particularly
on
the
Internet,
is
an
extremely
central
focal
element
of
operation.
Of
a
vacation
rental-
and
there
was
a
little
bit
of
discomfort
on
the
board
because
there
was
no
definition
of
operation
that
was
going
to
provide
the
certainty.
D
The
board
was
looking
for
in
performing
its
adjudicative
role,
so
the
city
staff
took
that
to
heart
and
we
wanted
to
demonstrate
to
the
board
a
certain
sensitivity
to
that
perspective.
So
we
wanted
to
put
that
definition
out
there
in
the
community
before
the
board,
and
now
it
is
I
spoke
with
dr.
Reddy
yesterday
and
reviewed
the
regulation
with
him
telephonically.
He
said
he
was
comfortable
having
assistant
city
manager,
fuller,
execute
that
regulation
on
his
behalf
as
his
designee
and
then
I
spoke
to
mr.
D
fuller,
and
he
was
also
comfortable
signing
the
document
on
behalf
of
dr.
Reddy
as
his
designee
under
the
ordinance.
So
we
now
have
a
clarification
of
operation
which
is
not
as
good
as
it
being
in
the
ordinance,
so
we're
going
to
put
it
in
the
ordinance
where
it
belongs.
Now
certain
things
that
the
vacation
rental
staff
does
don't
rise
to
the
level
of
needing
to
be
in
the
ordinance.
However,
they're
helpful
for
the
people
who
operate
vacation.
D
Rentals
they're
helpful
for
the
people
who
want
to
enforce
our
ordinance
with
respect
to
vacation,
rentals
and
everybody's
got
an
interest
in
seeing
that
this
ordinance
is,
is
worded
clearly
and
implemented
in
a
very
fair
and
and
predictable
manner,
and
that's
important
to
the
city
as
well.
So
these
regulations
are
propounded
I.
Think
they're.
All
online
is
that
right
staff.
I
D
Will
be
all
online
I
think
that
some
of
them
already
are
this
one
I,
don't
think,
maybe
yet
because
it
was
adopted
yesterday,
but
as
a
practical
matter,
the
city
always
undertakes
to
make
sure
that
anyone
interested
in
this
area
has
accessed
the
full
information.
That's
part
of
our
responsibility,
I
hope
that
answers
your
question.
Thank.
A
D
Realistically
speaking,
I
think
it
was
member
Cleary
was
saying
you
do
have
that
discretion
as
I
as
I
commented,
you
could
have
denied
that
continuance
if
you
wanted
to,
but
realistically
speaking,
I'm,
not
sure
that
our
our
regulation
in
that
area
will
be
helpful.
If
you
tell
me
that
it
will,
then
I'll
speak
with
the
city
manager
about
it
and
we'll
try
to
formulate
something.
A
D
You
know
making
the
ordinance
in
effect,
if
we
don't
want
to
do
that,
so,
if
you'd
like
what
I
can
do
as
the
prosecutor
for
this
board
is,
I
can
speak
with
the
chair
after
this
meeting
and
we
can
present
to
you
when
we
come
back
on
mr.
benders
appeal
on
the
28th.
We
can
present
an
amendment
to
your
Administrative
Procedures
dealing
with
continuances.
Would
that
be
satisfactory?.
C
Substantive
provision
adopted
by
the
staff
under
the
authority
of
the
ordinance
I
think
the
issue
of
continuances
is
appropriate
to
be
addressed
within
our
rules
of
procedure
rather
than
as
a
substantive
matter
within
the
ordinance
or
some
regulation
under
the
ordinance
and
I.
Don't
recall
whether,
in
the
procedures
that
we've
already
adopted,
whether
the
issue
of
continuance
of
hearings
is
addressed,
you're
indicating
it's
not
I
do
not
believe
so.
Okay
I,
don't
recall,
but
if
it's,
if
it's
not,
then
I
think
that
would
be
the
appropriate
place
to
to
address
it.
D
Perfectly
entitled
under
the
Brown
Act,
to
give
direction
to
staff
at
this
time.
So
if
you
want
to
have
a
discussion
about
that,
that's
entirely
appropriate.
That
said,
nothing
will
happen
today,
in
other
words,
we'll
come
back
next
time
with
the
proposed
amendment
to
your
procedures.
If
that's
your
wish,
that's
what
I
tried
to
say
before
and
I
apologize
if
I
wasn't
clear.
C
Well,
I
would
just
suggest
for
the
consideration
of
my
fellow
board
members
that
it
I
think
the
put
the
principles
are
all
they
have
all
been
recognized
in
the
discussion
we
had
on
the
bender
case
today.
That
is,
we
present
we
want
to
when
it's
reasonable,
make
accommodations
to
have
these
proceedings
occur
within
the
convenience
of
the
staff.
C
Our
our
members
and
and
the
appellant,
yet
we
don't
want
that
willingness
to
be
abused
in
order
to
prolong
a
violation
or
facilitate
continued
violations.
So
I
think
it's
just
a
matter
of
finding
a
way
to
state
that
that
flexibility
is
reserved
to
our
discretion,
but
the
intent.
The
intent
is
to
resolve
these
issues
on
their
merits
in
an
expeditious
manner,
in
order
to
give
effect
to
the
intent
of
the
ordinance
and-
and
perhaps
there
are
other
if
other
boards
and
commissions
have
adopted
any
rules
of
procedure.
C
A
I
would
propose
is
that
during
our
next
special
meeting,
if
we
we
add
to
the
agenda
as
item
1a,
discussion,
procedures
and
I
would
propose
that
we
discuss
two
items.
One
would
be
the
issue
of
continuances
and
we
could
consider
a
proposed
language
that
would
be
provided
to
board
members
at
least
a
week
prior
to
the
meeting
for
consideration.
A
The
second
issue
that
we
had
discussed
with
the
state
prosecutor
was
some
type
of
guidance
or
tightening
on
notice
to
appellant,
about
the
submission
of
documents
to
the
board,
to
avoid
any
confusion
and
submission
of
large
volumes
of
documents
during
the
hearing
which
doesn't
serve
us
or
the
apology.
So
we
propose
we
would
consider
both
of
those
issues
on
an
agenda
item
so
that
members
of
the
public
are
aware
that
we're
gonna
consider
them.
We
can
also
receive
comma,
yes,.
A
D
I
think
it's
more
than
appropriate
for
the
board
to
inquire
well,
why'd
that
happen,
and
in
fact,
even
if
you
hadn't
done
that
we
have
a
way
of
doing
things
here
in
a
court
with
state
law
that
I
don't
get
to
speak
about
whatever
I
want.
Whenever
I
want
now's
the
time
when
I
speak
about,
what's
happened.
D
So,
yes,
there
were
two
matters
that
were
pulled
off
of
your
agenda
because,
as
I
said
earlier,
our
vacation
rental
ordinance
is
not
perfect
and
it's
extremely
important
to
me
as
the
city
prosecutor,
where
the
truth
and
the
facts
and
the
ordinance
itself
are
really
all
that
drive
my
bus,
that
we
have
the
integrity
to
stand
before
you
and
say
to
you.
This
person
is
responsible
for
his
or
her
conduct
under
the
ordinance
when
we
say
that
I
want
that
to
mean
something
to
you.
Credibility
is
important.
D
I
heard
someone
say
that
this
is
a
ministerial
board
today
wrong.
This
is
an
adjudicative
body.
You
guys
are
as
close
to
a
judge
as
anyone
is
going
to
see
in
the
municipal
process,
so
for
someone
to
say
that
you're,
a
rubber
stamp
or
because
the
words
of
the
ordinance
say
what
they
say
and
staff
issues
a
citation.
You
have
to
affirm
that
that's
nonsense.
This
is
an
adjudicative
board.
This
is
a
country.
D
This
is
a
state,
and
this
is
certainly
a
city
where
we
give
everyone
due
process
of
law,
so
you're,
not
a
rubber
stamp
you're,
not
a
ministerial
body
and
as
strong
and
ordinance
as
this
is
and
as
harsh
as
I
am
instructed
to
be.
As
the
city
prosecutor
by
the
City
Council
with
respect
to
its
enforcement,
we
have
to
follow
the
law
and
the
definition
of
vacation
rental,
as
it
is
contained
in
the
ordinance,
is
something
that
is
not
subject
to
reasonable
interpretation.
D
Unfortunately,
I
really
like
my
bar
cart
and
I'm,
really
attached
to
the
integrity
with
which
I've
tried
to
practice
law.
These
last
25
years.
I
think
that
may
have
been
why
the
City
Council
hired
me
and
as
a
practical
matter
when
I
stand
before
you
and
I
bring
you
a
vacation
rental
case
and
I
tell
you.
This
vacation
rental
case
should
result
in
permanent
ineligibility
and
a
$5,000.
D
Guess
what
doesn't
pass
the
mirror
test
doesn't
pass
any
test,
so
sometimes,
as
the
city
prosecutor,
it's
my
job
to
say
you
know
what
I'm
not
going
to
tell
you
what
you
want
to
hear
I'm
going
to
tell
you
the
truth,
and
the
truth
is
that
if
we
want
to
address
Home
Sharing
under
the
ordinance,
we
have
provisions
that
do
that.
So
I
contacted
the
appellant
in
these
two
appeals
and
I
negotiated
a
disposition
with
each
of
them
whereby
they
admitted
the
violation
of
the
ordinance
that
they
had
occurred
that
they
had
perpetrated.
D
Our
city
council
doesn't
want
me,
as
the
city
prosecutor,
to
show
up
here
and
prosecute
people
who
are
not
factually
responsible
under
the
ordinance
because
of
a
drafting
issue.
That's
not
who
the
five
people
that
serve
this
city
are.
So
that's
why
those
matters
were
taken
off
the
agenda.
In
fact,
I'll
go
one
better.
One
of
the
appeals
that
we
already
dealt
with
last
week
was
a
similar
situation.
D
I
fully
intend
to
go
back
to
that
appellant
and
rectify
the
situation
with
respect
to
the
proceedings
that
took
place
here,
because
until
they
saw
the
appeal
from
the
appellant,
they
had
no
idea
that
there
was
a
home
share
as
opposed
to
a
vacation
rental.
So
we
will
handle
that
manner
matter
in
an
appropriate
fashion
and
likely
be
bringing
corrective
action
to
you
in
that
case,
on
August
the
28th
again,
we
need
that
credibility.
D
All
four
of
you
fully
appreciate
and
understand
that
when
this
board
makes
a
determination,
that's
it
if
they
disagree
with
the
determination
of
this
board,
they
can
go
to
Superior
Court,
and
at
that
point
we
will
stand
up
and
we
will
defend
this
ordinance
and
we
will
say
these
individuals
violated
this
ordinance.
They
were
entitled
to
due
process.
They
received
due
process
under
the
ordinance.
D
There
was
an
issue
about
backroom
deals.
There
there's
no
such
thing
in
Palm,
Springs,
there's
there's
no
such
thing
in
any
responsible
city
or
government
agency.
Even
that
that
doesn't
happen.
If
I'm
asked
the
question
as
to
prosecutorial
discretion
as
I
was
today
I'm
happy
to
explain
myself,
you
guys
are
effectively
the
judge.
You
asked
me
a
question.
Mr.
Chairman
I
told
you
what
the
primary
grounds
upon
I
exercise
discretion
was
now
realistically
speaking,
I'll
tell
you.
D
Lots
of
prosecutors
would
not
advance
that
question,
but
I
have
no
reason,
as
a
city
prosecutor
enforcing
these
types
of
ordinances,
to
refrain
from
that
level
of
transparency.
Frankly,
that's
more
than
what
the
law
requires.
If
you
asked
mr.
Heston,
why
did
you
plead
this
particular
homicide
as
a
first-degree
murder
versus
this
homicide
as
a
vehicular
manslaughter
versus
this
homicide
as
an
involuntary
manslaughter?
Mr.
Hirsh
Crenn
is
going
to
say
because
I'm
the
District
Attorney
of
Riverside
County
and
that's
what
I
was
elected
to
do,
make
those
decisions.
D
Prosecutors
exercise,
discretion
every
day,
all
day,
I
work
with
the
city
staff
to
enforce
this
ordinance.
The
City
Council
is
fully
aware
and
apprised
of
all
of
my
actions
and
as
a
practical
matter.
That's
it
that's
what
we
do.
We
prosecute
these
violations.
We
cite
them
and
we
can't
say
that
people
who
are
cited
aren't
entitled
to
a
hearing.
This
is
the
United
States.
This
is
California,
and
this
is
most
important
to
me,
the
city
of
Palm
Springs.
D
This
is
a
great
community
where
people
have
the
right
to
stand
up
and
disagree
with
an
exercise
of
government
authority
if
they
want
to
do
that,
that's
what
this
Appeals
Board
is
about.
I
know
the
four
of
you
get
that,
but
it
really
it
disturbed
me
when
comments
were
made
that
may
be
televised
to
the
contrary.
A
G
Regarding
the
regulation
that
was
proffered
the
new
regulation
that
signed
that's
supposed
to
govern
or
be,
in
addition
to
I,
think
the
board
struggled
with
the
definition
of
operating
in
vacation
rental.
At
the
last
hearing
and
this,
this
additional
regulation
was
provided
to
help,
define
or
give
guidance
to
the
board
in
determining
what
operation
means.
G
G
Believe
that
he's
doing
an
excellent
job
in
referring
these
cases
to
the
board
and
providing
the
board
with
all
the
necessary
information
and
guidance
needed
to
fulfill
our
commitment
to
the
city,
to
provide
a
platform
for
individuals
who
want
to
raise
appeals,
and
so
I
commend
staff
and
the
city
attorney
for
their
hard
work.
Thank
You.
A
You
thank
you
before
we
close
this
agenda
item
I
just
wanted
to
thank
the
employees
of
the
city
who
are
here
today.
They're
accommodating
the
board's
request
to
meet
on
a
Friday.
They
may
not
normally
be
scheduled
to
be
in
the
office.
Although
I
know
most
of
you
are
so
hard-working.
You
do
they'll
come
into
the
office
on
Friday,
but
thank
you
for
accommodating
our
request
to
meet
on
our
Friday
at
this
time.
I
move
to
the
next
agenda
item,
which
is
a
City
Clerk's
reports
and
future
meeting
dates
to
address
the
board.
I.
B
Don't
have
any
issues
to
address
the
board
just
so
that
you
know.
As
of
this
moment,
we
only
have
two
hearings
and
we
will
not
be
scheduling
them
until
the
homeowners
will
be
returned
from
vacation.
They
have
waived
the
45-day
hearing
requirement.
One
of
them
will
not
be
back
until
November,
the
other
one
I
believe
in
September
sometime
and.
D
Mr.
chair
I
neglected
to
cover
the
one
listed
item
on
the
agenda
regarding
disposition
reports.
The
city
staff
did,
in
compliance
with
chapter
2.50
of
our
code
file
a
report
to
the
City
Council.
That
report
will
be
received
and
filed
formally
by
the
City
Council
at
its
September
meeting,
but
by
filing
with
the
city
clerk
they
have
filed
their
report
with
the
City
Council.
The
City
Council
is
just
not
available
until
September
the
sixth
to
receive
that
file.
That
report.
D
That
report
will
ultimately
be
amended
as
I'm
going
to
note
on
August
28th,
for
you
with
respect
to
that
one
matter
where
we're
going
to
have
to
take
corrective
action
on
the
home
share,
and
we
will
similarly
be
filing
a
disposition
report
as
to
these
proceedings
with
the
City
Council
so
again
to
suggest
that
anything
is
less
than
a
hundred
percent.
Transparent,
I,
don't
know
where
that's
coming
from.
D
D
A
Thank
you.
I
will
note
that
I
did
receive
a
copy
of
the
report
this
morning
at
the
time
when
I
signed
the
resolutions
regarding
the
education
from
the
last
hearing,
I
agree
with
mr.
Howard.
That
I
would
request
that
I
receive
a
copy
of
the
draft
report
before
it's
finalized
friendly
as
proceedings
and
going
forward.
A
B
A
Again
I'd
say
we
the
next
time
this
board
convenes
for
a
special
medium
which
looks
like
it
would
be.
August
28th,
if
not
sooner,
I,
will
open
for
general
public
comment.
You
are
more
than
welcome
to
prepare
comments,
attend
and
provide
those
or
to
communicate
your
comments
to
representative
who
might
present
them
on
your
behalf
or
to
attend
another
regular
or
special
meeting
of
this
board.
When
we
have
pulled
a
comment,
that's
open
and.
D
Mr.
chair,
if
the
gentleman
wishes
to
have
any
commentary
on
mr.
benders
appeal
considered
by
the
board,
all
he's
got
to
do
is
send
that
commentary
to
the
city
clerk
and
it
will
be
provided
and
considered
by
the
appeals
board
at
the
time
when
the
appeal
is
taken
up
again,
he's
also
free
to
obviously
come
back
on
the
28th.
If
he's
able.
A
This
time
to
no
further
matters
to
come
before
the
board,
I'm
gonna
move
that
the
board
adjourn
until
the
next
special
meeting,
which,
at
this
time
is
scheduled
for
August
28th
at
8:30
a.m.
place
to
be
determined
in
a
notice
to
be
provided
to
the
public
and
to
the
board.
Is
there
a
second
second
all,
those
in
favor,
aye,
aye.