►
From YouTube: Administrative Appeals Board | Oct 27 2022
Description
Regular meeting of the City of Palm Springs Administrative Appeals Board, held October 27th, 2022
A
We're
not
on
the
board,
please
make
sure
you
are
muted
and
this
meeting
is
recorded
so
everybody's
aware
of
that
I
think
I
need
to.
You
need
to
accept
it.
So
my
name
is
Mike
panessa
good
evening.
Everyone
I
hereby
call
the
regular
meeting
of
the
administrative
appeals
Board
of
October
26
2022
to
order
board
secretary.
Could
you
please
conduct
a
roll
call.
C
B
D
A
E
A
A
Thank
you
next
item
on
the
agenda
is
time
set
aside
for
public
comments.
This
time
is
set
aside
for
members
of
the
public
to
address
the
board
on
met.
Items
of
General
is
interest.
Excuse
me
within
the
subject
matter,
jurisdiction
of
the
board
three
minutes
will
be
assigned
to
each
speaker.
Although
the
board
values
your
comments
pursuant
to
the
brown
act,
the
board
generally
cannot
take
any
action
on
any
item
not
listed
on
the
posted
agenda.
A
Testimony
for
the
hearings
will
only
be
taken
at
the
time
of
that
particular
hearing
board
secretary.
Can
you
start
the
public
comment
period.
A
A
Ban
and
administrative
fine
of
five
thousand
dollars
concerning
Danny
Ortiz
and
the
property
at
3282,
North,
Mountain,
Shadow
Drive
board
secretary.
Please
ensure
that
the
city
staff
and
the
appellant
understand
that
their
testimony
is
under
oath.
B
H
Thank
you
chair.
My
name
is
I'm
a
co-compliance
supervisor
for
the
city
of
Palm
Springs
that
oversees
vacation
rental
enforcement
program
subbing
in
for
Patrick
tonight
before
you
tonight
is
the
appeal
of
administrative
citation
that
was
issued
for
five
thousand
dollars,
as
well
as
the
permanent
eligibility
of
the
property
owner
of
3282
North
Mountain
Shadow
Drive
for
a
violation
of
psmc
525040a
operating
vacation
rental
property
without
a
valid
vacation
rental
certificate.
I
was
also
the
officer
that
issued
citation.
H
So
the
details
leading
up
to
the
issuance
of
the
citation
are
as
follows:
on
Monday,
June
13,
2022
I
received
a
tip
via
community
lead
about
a
property
that
appeared
to
be
operating
as
a
vacation
rental
property
without
first
having
obtained
a
vacation
rental
certificate
upon
investigation
of
the
information
received.
I
was
able
to
locate
an
advertisement
on
the
booking
platform
airbnb.com
for
the
reported
address
which
matched
the
pictures
at
3282
North
Mountain,
Shadow
Drive,
hosted
by
Danny.
H
That
was
advertising
short-term
stays
with
a
two
night
minimum,
and
that's
seen
as
attachment
number
six
in
your
packet
I
then
send
an
inquiry
to
the
host
the
ad
requesting
to
book.
A
short-term
stay
beginning
September
1st,
through
September
5th
I've,
seen
an
attachment
seven.
The
host
responded
to
my
unique
request.
As
seen
in
the
invitation
and
sent
me
an
invitation
to
book,
facilitating
my
request
for
a
short-term
stay.
H
It
was
at
that
time
that
I
drafted
citation
ab0395
to
the
owner
on
title
Danny,
Ortiz
for
the
violation
of
525040a
and
then
a
couple
things
to
point
out
that
are
included
in
your
staff
packet.
This
property
had
applied
for
a
vacation
rental
certificate
and
that
was
received
by
the
office
of
special
programs
on
May
19th.
H
Okay,
on
June
9th,
there
was
a
safety
inspection
that
was
conducted
by
one
of
our
enforcement
officials.
The
results
of
that
inspection
was
a
failed
inspection.
There
was
a
corrective
inspection,
also
completed
on
June
20th
2022.
That
was
also
resulted
in
a
failed
safety
inspection
and
those
are
all
included
within
the
staff
packet.
And
the
important
thing
to
note
is
that
there
was
messages
included
in
each
of
those
which
kind
of
highlighted
the
fact
that
new
applicants
should
not
advertise
or
rent
your
property
short
term.
H
A
All
right,
thank
you
at
this
time,
we'll
open
it
to
the
board
to
ask
questions
of
City
staff.
Why
don't
we
start
with
Mr
Moses
I.
A
Sorry,
no
questions
all
right.
Thank
you.
Mr
Hedrick,
no
questions,
Vice,
chair,
Kane,
nope
and
Mr
Sinclair.
D
A
A
H
Sure
thing,
let
me
just
pull
it
up
here:
I
believe
it
is
included
as
attachment
number
five.
So
if
you
notice
on
the
the.
A
So
I'm
looking
at
attack
or
attachment
five.
D
A
And
it
reads
exactly
what
you
just
read
correct
all
right.
Thank
you.
I
have
no
further
questions.
Anything
else
from
the
city.
A
Nothing
else
from
us
all
right.
Thank
you.
At
this
time,
I'd
like
to
open
the
appeal
hearing,
the
appellant
is
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.
If
a
member
of
the
public
chooses
to
testify,
the
appellant
will
be
invited
to
provide
a
rebuttal
for
up
to
an
additional
two
minutes
board
secretary.
Can
you
please
begin
the
public
testimony
period.
A
G
E
G
E
Okay,
yeah,
you
know
I,
like
the
inspector
says,
I
met
when
inspector
Williams
and
he
did
a
film
me
on
6
9
22
for
for
not
having
closet
doors
in
the
closet
area,
so
I
rescheduled
for
another
inspection,
which
was
on
6
27
22,
and
that
was
when
he
gave
me
the
final
inspection
and
I
passed
and
that's
when
I
was
informed.
That
I
was
not
I
was
not
able
to.
E
You
know,
advertisements
for
the
properties
for
for
short-term
rentals
and
as
soon
as
he
told
me
that
then
I
I
deleted
and
canceled
all
the
the
the
the
app
for
the
Airbnb,
and
you
know,
I
also
had
issues
I
sent
the
paperwork
for
when
I
was
doing
my
pool.
You
know.
I
was
short
on
front,
so
I
I
couldn't
rent
the
properties
because
of
the
I
had
problems
with
the
equipment.
It
wouldn't
pass
the
equipment.
E
So
finally,
I
was
able
to
buy
the
whole
new
equipment
for
the
pool
and
then
I
got
my
final
inspection
from
the
city
of
Palm
Springs
on
9
22
22
for
the
pool
which
you
know
I
then
knew
I
had
to
wait
for
the
for
the
short-term
people.
To
give
me
the
permit
first,
so
from
then
I
was
I
deleted
everything
you
know
so
I
wasn't
taking
no,
no
short-term
people,
yeah
I!
Guess
that
that's.
That
would
be
my
case.
A
Or
Mr
Ortiz
anything
further,
no,
sir!
No,
sir,
okay,
you
do
have
more
time,
and
we
said
we
don't
want
to
rush
through.
If
you
have
anything
further,
you
want
to
add.
E
No,
that's
it
I.
Just
you
make
sure
that
you
guys
get
the
copies
of
the
paperwork
I
sent
of
the
final
inspection
for
the
pool.
That
was,
you
know
finalize
on
on
September
22.
A
All
right,
thank
you.
So
at
this
point,
if
there's
nothing
more
from
the
the
appellants,
does
the
city
have
anything
to
rebut
any
of
what
the
appellant
has
added.
A
Right,
thank
you
so
then,
at
this
point
we
will
open
it
up
for
discussion
from
the
board
and
why
don't
we
go
in
reverse
order.
Mr,
Sinclair
thoughts.
D
H
J
E
Yeah,
you
know
what
I
like
I
said.
As
soon
as
inspector
Williams
told
me
that
I
wasn't
so
I'm
not
able
to
advertise
after
he
did.
The
final
inspection
and
passed
me
I
was
aware.
Then
I
told
him,
you
know
what
I
did
it.
You
know
I
had
it
and
everybody,
but
I'ma
cancel
it.
E
So
after
that
you
know,
like
I
said
we
had
it,
but
we
had
the
bookings
because
of
the
pool.
Also
you
know
it
wasn't
finished,
so
we
couldn't
take
people
in
until,
like
I
said
I.
Finally,
I
got
the
funds
and
I
I
got
the
final
permit
for
the
Pua
on
September
22,
which
also
I.
You
know
people
weren't
gonna,
take
it
because
the
pool
wasn't
ready.
J
Yeah,
it's
just
unfortunate
because
the
ordinance
in
Palm
Springs
is
so
strict
and
it
is
very
serious
just
to
even
advertise,
even
if
you
didn't
rent
it
to
anybody
and
we're
in
a
bad
position,
because
we
have
to
stick
with
the
ordinance
as
it's
written.
So
that's
all
I
got.
A
Mr
basily
no
questions
and
Mr
Moses,
no
questions.
So
for
me
it
was
we've
been
down.
We've
been
down
this
road
so
many
times,
and
unfortunately
the
appellant
has
said
that
he
had
an
ad
up
and
the
the
ordinance
is
pretty
clear
that
advertising
the
city
views
advertising
is
operating,
whether
they
took
a
reservation
or
not.
A
So
it
seems
to
me
that
it's
it's
a
pretty
cut
and
draw
from
our
perspective.
A
D
C
A
A
Right,
Mr
Ortiz,
so
the
board
has
upheld
the
ban
in
the
fine.
You
will
get
an
official
notification
from
the
city
and
I
want
to
thank
everyone
for
their
time
and
effort.
On
this
case
we
are
going
to
now
move
on
to
the
next
case.
Sorry.
E
Item
number:
sorry,
just
a
quick!
So
if
do
I
have
to
pay
the
five
thousand
dollars?
Yes,
okay!
So,
oh
and
then
would
you
guys
allow
me
to
continue
after
I
pay
the
citation.
A
No,
so
that's
what
just
happened
was
the
board
listened
to
the
city's
testimony.
Listen
to
your
testimony.
The
board
upheld
both
the
fine
and
the
ban.
So,
like
I
said,
you
will
get
an
official
notification
from
the
city,
but
you
will
not
be
allowed
to
do
short-term
rental.
That
does
not
prevent
you
from
doing
long
term
by
the
city's
definition,
which
is
over
28
days.
I
A
You
Mr
Ortiz
we're
going
to
move
on
to
item
number
four
and
that's
concerning
the
property
at
483,
East
Santiago
way
and
with
an
appeal
of
the
five
thousand
dollar
fine
and
administrative
decision
that
Richard
Langley
is
permanently
ineligible
to
operate
a
vacation
rental
in
the
city
of
Palm
Springs
board
secretary.
Can
you
please
ensure
that
the
city
stamp
and
the
appellant
understand
that
their
testimony
is
under
oath.
B
City
staff,
appellants
and
any
other
individual
who
desires
to
testify
under
this
appeal
hearing
under
the
laws
of
perjury.
If
you
choose
to
speak,
you
hereby
accepting
knowledge
that
your
testimony
shall
be
the
truth,
the
whole
truth
and
nothing.
But
the
truth.
Please
begin
your
testimony
by
stating
your
name.
A
All
right
we're
gonna
start
at
the
city.
If
you
want
to
present
your
report,
please.
H
All
right,
thank
you.
Chair
good
evening,
chair
Vice,
chair
members
of
the
board.
My
name
is
Mitch
napapan
I'm,
the
co-compliance
supervisor
that
oversees
vocational
enforcement
program
before
you
tonight
is
the
appeal
of
administrative
citation
that
was
issued
for
five
thousand
dollars,
as
well
as
a
permanent
eligibility
of
the
property
owner
of
483
East
Santiago
way
for
violation
of
psmc
525040a
operating
a
vacation
rental
property
without
a
vacation
rental
registration
certificate.
K
Hi
good
evening,
everyone
I'm
Christy
Smith
I'm
co-compliance
officer
for
the
city
of
Palm
Springs
on
September
17th.
We
got
a
call
from
music
at
483
e
Santiago
I
arrived
at
the
property
around
12
P.M
I
noted
that
this
is
not
a
vacation
rental,
but
from
the
front
of
the
property
we
heard
music
beyond
the
property
lines.
We
tried
to
comp
tack
the
occupants,
but
we
were
unable
to
hear
us
out
the
door
since
the
music
was
really
loud
and
it
became
a
code
issue.
I
still
tried
to
make
contact.
K
We
run
around
to
the
back
of
the
property
because
it
was
on
a
golf
course
and
contacted
the
occupants
went
over
the
rules
with
them
about
music
asked
them
if
they
were
renting
the
property
and
they
said
that
they
were
renting.
I
was
then
able
to
get
a
copy
of
the
contract
and
a
receipt
receipt
from
the
responsible,
renter
I
then
went
back
to
the
office
and
searched
on
Airbnb
and
was
able
to
find
a
listing
online
I
then
issued
citation
AB
409
for
renting
without
a
br
certificate.
A
All
right,
thank
you.
So
any
questions
this
time
is
for
questions
from
the
board
to
the
city.
Let's
start
with
Mr
Moses,
no.
J
Yeah
Mitch:
do
you
is
this
in
a
country
club?
Is
this
in
a
gated
community?
No,
it's
not!
Oh
sorry,
correct.
H
No,
it's
it's!
It's
kind
of
towards
the
South
South
part
of
town,
not
in
an
HOA
or
any
any
gated
community.
Okay,.
D
A
So
I
have
a
question
so
officer
Smith,
so
you
said
that
I
just
want
to
make
sure
I
understood
this.
Clearly,
the
music
was
so
loud
that
that,
when
you
I
assume
knocked
on
the
door,
they
couldn't
hear
you
or
just
they
didn't
respond.
They.
K
I,
don't
know
if
it
was
too
loud
because
we
could
hear
music,
but
it's
a
big
property,
so
they
weren't
able
to
hear
us
whether
they
were
all
outside
or
the
music
was
too
loud.
I,
don't
know
100,
but
from
the
neighboring
property
that
the
property
owner
gave
us
access
to
the
property
and
they
were
well
over
the
decibel
levels
for
that
time
of
day
just
for
normal
code.
K
So
we
did,
since
it
was
on
a
golf
course:
go
to
the
back
of
the
property,
because
whether
it
was
a
vacation
rental
or
not,
we
were
going
to
have
to
ask
them
to
lower
the
the
music
if
it
was
just
a
a
normal
owner
property
which
we
didn't
know
at
the
time
and
then
when
I
did
make
contact
with
them.
From
the
golf
course,
I
had
asked
them
if
they
were
renting
and
they
had
said
yes,
okay,.
A
A
Had
they
been
told
anything
or
did
they
tell
you
they've
been
told
about
any
of
the
short-term
rental
rules?
They.
K
Didn't
know
anything
but
I
went
over
all
the
rules
because
at
that
time,
they're
it's
they're
not
under
contract
like
vacation
rentals,
but
did
ask
them
to
turn
the
music
down
because
they
still
have
to
go
by
the
code
rules
for
the
city
and
they
have
to
be
within
a
certain
decibel
level
for
that
time
of
day.
Okay,.
A
Okay,
I
had
no
further
questions,
anything
else
from
the
board
for
the
city,
all
right.
So
at
this
point
then
I'd
like
to
open
up
the
appeal.
G
A
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.
If
a
member
of
the
public
chooses
to
testify,
the
appellant
will
be
invited
to
provide
a
rebuttal
for
up
to
two
additional
minutes
board
secretary.
Can
you
begin
the
public
testimony
period,
foreign.
B
L
Hello,
thank
you
for
your
time
this
evening
as
well.
I'd
like
to
start
by
saying,
I've
owned
this
house
since
1996
and
I
am
opposed
to
renting
my
house
on
any
level.
I
had
to
take
a
job
out
of
the
country
because
of
covid
and
I've
actually
recently
filed
bankruptcy
over
this
issue
and
was
not
aware
that
my
partner
was
even
putting
the
house
on
Airbnb
I
have
my
personal
artwork
there
in
my
home
everything
there
and
I
found
out
about
this.
L
When
my
lawyer
here
called
and
said,
you
got
a
letter
from
the
city.
What
are
you
doing
with
your
house
in
Palm
Springs?
So
that's
how
that
all
happened?
I've
never
been
interested
in
renting
my
house
and
it's
a
personal
spot
for
me
that
I
bought
my
first
house
when
I
was
31
years
old.
L
So
since
then,
we
took
the
house
off,
we
went
down
there
met
with
the
people
at
the
city,
got
a
list
of
everything
that
needed
to
be
done
to
put
it
on
I've,
probably
spent
about
fifteen
thousand
dollars,
updating
some
electrical
and
putting
alarms
on
the
doors
and
all
the
stuff
that
are
necessary
to
pass
the
permit
and
we're
waiting
for
the
first
inspection
but
I
think
that's
what
I
would
like
to
say.
L
It
is
I,
wasn't
even
aware
my
house
was
on
there
and
it
caused
quite
a
Ruckus
in
my
home,
as
you
can
imagine,
but
we've
worked
through
that
on
a
personal
level
and
we
have
complied
with
the
city
at
this
point.
I
think
everything
is
copacetic
with
what
needs
to
be
done
to
have
it
as
a
vacation,
rental
and
I
would
ask
the
city
to
I
know.
L
Ignorance
is
no
excuse
of
the
law,
but
I
am
telling
you
this
under
oath
and
I
was
not
aware
of
it
and
they
did
not
have
permission
to
put
my
house
on
the
internet.
I,
don't
like
my
personal
stuff
out
there
I'm
a
very
private
person,
and
since
it
is
out
there,
I
have
gone
through
the
process
and
complied
with
various
rules
from
fire
hydrants
to
putting
the
alarms
back
on
all
the
doors
for
the
pools
and
everything.
That's
necessary.
L
I
keep
my
house
in
Peck
as
it
is
anyways,
but
I
would
apologize
for
any
loud
music.
That's
rude
and
not
acceptable.
I've
been
in
that
neighborhood,
since
1996
and
I
would
ask
for
some
leniency
that
give
me
a
chance
now
that
it
is
out
there
to
get
my
act
together
and
we
do
need
to
have
the
funds
I've
had
the
house.
My
whole
life
I
don't
want
to
lose
it
because
I
can't
earn
funds
on
it
and
covid
just
wiped
out.
L
My
company
I
import
Cosmetics
from
overseas
and
I
just
last
month,
received
last
year's
distribution,
which
literally
caused
me
to
personally
fall
bankruptcy
last
month.
So
it's
been
a
very
big
burden
on
me.
Dealing
with
all
of
this
and
I
appreciate
my
partner
actually
trying
to
help,
but
I
think
he
I
mean
nobody
ever
had
an
idea.
You
needed
to
go
through
a
process
like
this,
so
we
sure
certainly
would
have
so
that
would
be
my
that
would
be
my
position.
H
L
I
think
I've
got
it
all
we'd
like
I
said
since
then,
we've
been
down,
we
met
with
the
people
in
front
of
the
museum
we
hired
handyman
I
spent
about
15
grand
getting
everything
updated
and
I
can't
imagine
that
we
wouldn't
pass
the
inspection
with
flying
colors
at
this
point
and
I
hope
that
I
can
get
some
leniency
with
this,
because
we
certainly
need
the
income
I
don't
want
to
lose
my
house
over
covet
and
that's
position
has
put
me
in.
A
All
right,
thank
you,
does
the
city
have
anything
to
add.
H
So
just
to
add,
as
far
as
the
application
submittal
so
at
the
time
that
this
property
was
discovered
as
operating
as
a
vacation
rental,
there
wasn't
an
application
on
file
and,
as
you
can
see,
this
wasn't
the
case
where
there
was
an
inquiry
and
you
know
request
a
book
or
an
application
was
on
file
and
they
had
already
completed
their
safety
inspection.
This
we
received
receipt
that
this
property
was
operating
and
taking
short-term
stays
and
I
believe
that's
included
as
attachment
number.
H
The
advertisements
attachment
five
and
then
the
receipt
that
we
had
obtained
from
the
renters
included
I
believe
is
attachment
number,
eight
or
number
seven,
which
is
I,
think
it's
page
32
on
the
staff
report
that
I'm
looking
at,
but
that
would
be.
That
would
just
be
all
for
the
city
to
add.
M
Just
I
was
actually
the
one
that
on
Rick's
partner
I
was
the
one
who
put
the
the
listing
up,
and
that
was
actually
our
our
first,
our
first
rental
and
I.
Just
again.
To
be
honest,
I
I
had
no
idea
that
you
needed
to
to
go
through
this
process.
M
I
was
actually
just
trying
to
help,
and
it's
under
my
my
an
Airbnb
account
that
I
created-
and
that
was
the
first
and
only
rental
that
we've
had
and
since
then
I've
taken
the
listing
down
and
and
we've
we've
gone
through
all
the
proper
paperwork
and
and
have
have
submitted
that,
but
that
was
the
first
and
only
rental.
We
had
I
think
I
I
listed
the
property,
maybe
a
few
days
prior
to
that
so
I,
yeah,
I
I,
know
we
can't
say
about
ignorance,
but
about
I.
A
All
right,
thank
you
officer,
Mitch
I
have
one
question
for
you.
So
did
you
say
a
a
permit?
Application
was
turned
in
and
if
it
was
on
what
date
so.
H
It
was
not
so
we
did
not
receive
we
had
at
the
time
the
citation
was
issued
and
up
until
now,
which
I
checked
with
office
staff
to
see
if,
if
we
had
received
an
application
and
no
application
was
on
file
that
had
been
turned
into
the
city.
Okay,
all.
L
M
At
the
MU,
it's
it's
at
the
it's
at
the
the
museum
and
and
we
we
paid
there
were
two
different
checks
that
you
had
to
drop
off,
one
for
a
thousand
and
something
and
another
one
for
the
processing.
There's
a
it's
at
the
it's
at
the
police
station
or
something
there's
a
gentleman
David
and
a
blonde
woman
that
worked
there.
H
A
H
I'm
hearing
from
staff
that
it
looks
like
we
received
an
application
on
October
17th.
However,
because
the
citation
was
issued,
that's
we
are
holding
it
and
not
processing
it
pending
the
results
of
this
hearing.
So
it's
it
looks
like
the
the
application
a
completed
application
was
received.
A
So
all
right,
I
have
nothing
further.
So
at
this
point,
I
will
close
the
public
testimony
and
time
for
if
the
board
has
any
questions
for
the
appellant,
why
don't
we
start
with
Mr
Moses.
I
Yeah
I
have
a
couple
of
questions.
I
didn't
get
the
name
of
the
gentleman
who
was
your
your
partner.
Is
he
on
title?
Is
he
a
co-owner
of
the
property.
L
No
I
would
never
rent
my
house
up.
It
wasn't
ready,
there's
personal
stuff,
there
I've
got
Collective
art
I've
collected
through
the
years.
I've
got
stuff.
My
grandmother
left
me
when
she
died.
I
would
never
rented
my
house
out,
but
we
literally
went
down
and
I've
got
to
have
hernia
surgery
now
from
getting
the
house
ready.
So
it
literally
was
not
ready
to
be
put
on
a
market.
I
My
second
question
is
you
mentioned
bank
today,
have
you
filed
for
bankruptcy
at
this
point,
yeah.
L
L
F
Mr
Langley:
are
you
and
John
married
no
or
registered
as
a
domestic
partner?
No,
so
the
question
I
guess
is.
A
If
I
could
let's
say
that
because
that's
I
think
your
question
is
for
actually
miss
trembly,
let's
hold
that
until
after
we
ask
questions
of
the
appellant.
A
Is
that
all
right,
Mr
Hedrick,
absolutely
thank
you,
but
we'll
definitely
come
back
to
it.
Vice,
chair,
Kane,
I
think,
okay
and
Mr
Sinclair.
D
L
No,
he
doesn't
live
there,
we
live,
he
lives
in
LA
and
I've
been
living
overseas.
I
have
a
business
in
Turks
and
Caicos
Islands,
so
I
wasn't
even
in
the
country.
I
bought
the
house
in
1996
and
probably
spent
the
most
time
there.
I
lived
there
during
covid,
but
I
was
literally
overseas.
Trying
to
keep
my
together
to
be
honest
with
you
and
trying
to
hold
the
company
together
and
my
lawyer
called
and
said
we
just
got
a
letter
from
the
city.
Do
you
have
any
idea
what
this
is
about?
D
M
The
the
money,
the
money
was
I,
think
it
the
money
was
deposited,
but
the
we
have
not
done
a
a
quarterly
taxes,
or
anything
like
that.
So
we
haven't
I
mean
that
was
that
was
just
a
few
weeks
ago.
D
A
Right,
thank
you
all
right,
I'm,
going
to
close
the
public
testimony
period.
The
next
section
will
be
for
the
board
to
discuss,
but
let's
start
with
Mr
Hedrick
and
his
question
from
Miss
trembly,
so
Mr
Hedrick.
Do
you
want
to
repeat
your
question
so.
F
The
question
is:
if
someone
that
is
not
living
there
not
related
to
the
owner
rents,
the
place
is
the
owner
responsible.
N
So
we
have
to
determine
one
if
the
person
who
was
cited
operated
the
property
as
a
vacation
rental
without
a
vacation
rental
certificate.
So
there
needs
to
be
that
determination
made
and
then
also
you're
looking
at.
If
you
think
that
there
was
an
agency
relationship
formed,
perhaps
between
the
person
who
operated
and
the
owner-
and
you
can
look
at
that
and
determine
that,
based
on
the
city's
testimony
and
the
testimony
of
the
appellant
foreign.
N
Right
so
since
I'm
not
making
an
argument
on
behalf
of
the
city
I'm
just
supposed
to
tell
you
what
the
law
says
so
you're
saying
that
the
person
who
was
cited
was
not
actually
operating
the
the
the
vacation
rental
without
a
vacation
rental
certificate.
N
So
you
know
that
may
be
your
determination
based
on
the
testimony.
A
Actually
I
would
like
to
ask,
based
on
what
we've
just
heard.
I
would
like
to
ask
a
question
of
the
Appellate,
so
there
was
money
that
changed
hands.
Who
did
the
money
go
into
your
account?
Where
did
the
money
go.
A
So,
okay.
L
All
right,
thank
you,
yeah
and
just
and
I'm
not
I
mean
I'm,
not
gonna
go
prosecute
my
friend
because
he
was
trying
to
help
me
out
because
I'm
literally
like
going
day
to
day
trying
to
keep
my
company
afloat.
But
I
was
not
aware
again
that
my
house
I
mean
I'm
listening
to
your
your
Mr
Moses's
comments
and
I
actually
went
to
law
school,
never
practiced
and
I.
Actually,
the
guy
that
got
citated
citation
was
not
where
his
property
was
even
leased.
So
this
would
be
a
good
case
law
back
in
law.
School
I.
L
Don't
think
that
I
could
actually
get
fine,
because
I
wasn't
even
aware
of
my
property,
was
being
leased
or
did
I
benefit
from
it
and
now
I'm
having
to
pay
to
clean
up
the
mess.
And
it's
a
great
idea.
I
was
always
against
leasing.
My
house,
but
maybe
that'll,
help
me
get
from
A
to
Z
this
year
until
I
can
get
my
product
to
Market.
L
So
now
I'm
trying
to
make
things
work
and
I
like
I,
said
I've
spent
about
I,
would
guess
fifteen
thousand
dollars
getting
everything
up
to
check
with
what
the
light
and
the
guy
in
Palm
Springs
said.
We
needed
to
do
so
that
we
passed
inspection
on
the
first
inspection,
so
I
I,
just
I,
guess
that's
where
we're
at
and
I'm
not
gonna
go
sue,
my
friend
for
trying
to
help
me
out,
but
it
is
what
it
is
so.
A
All
right,
thank
you,
okay,
so
we're
gonna
close
the
public
testimony
at
this
point,
we'll
open
it
up
for
board
member
discussion,
I
guess
in
this
case,
I'm
gonna
go
first,
and
that
is
that
we
have
had
many
many
many
cases
like
this
over
the
years,
where
somebody
put
a
property
on
a
portal
and
rented
it
whether
the
owner
knew
or
not.
A
The
ordinance
well,
Jill
is
not
making
an
argument
for
the
city.
The
ordinance
does
hold
the
owner
accountable.
A
So
you
know
everything
else
to
me
becomes,
unfortunately,
you
know
kind
of
beside
the
point.
I
mean
this
ordinance
is
very,
very
strict
and
it
is
that
way
on
purpose,
and
it's
we've
talked
about
this
over
and
over
again
that
the
buck
stops
with
the
owner.
A
We
have
had
cases
that
we
have
upheld
defined
in
the
ban
when
the
owner
again
did
not
know
that
the
property
was
being
rented.
So
that's
my
two
cents.
Why
don't
we
go
in
reverse
order,
this
time
and
go
with
Vice
Chair
King.
F
I
mean
yes,
there's
a
relationship
between
Mr
Langley
and
John,
but
I
I.
Personally,
you
know
if,
let's
say
I
rented
my
house
to
you
Mr
panessa
and
I'm
in
Germany
and
so
I
don't
know
what's
going
on
with
my
home
and
you
turn
it
into
a
short-term
rental,
you're
saying
I'm
responsible.
F
So
I
would
like
to
check
that
with
our
Council.
Please.
N
Yes,
so
I
think
you're
referring
to
the
agency
section.
N
If
that's
the
case,
then
you
would
have
to
determine
whether
there's
an
agency
relationship
between
the
owner
and
the
person
who
says
that
you
were
interested
about
the
property
and
then,
as
far
as
the
penalties
section,
it
just
says
that
any
person
who
operates
a
vacation
rental
without
a
vacation
rental
certificate
is
liable
to
the
city.
And
then
the
penalties
will
ensue.
N
So
you
have
to
determine
if
the
person
who
cited
is
the
person
that
operated
the
vacation
rental
without
a
certificate,
or
you
know,
if
not,
if
there's
some
sort
of
agency
relationship.
C
C
John
used
the
property
as
a
rental
I,
it's
really
hard
to
know
whether
or
not
there
was
communication
between
John
and
the
owner
in
regards
to
what
they
were
going
to
use
this
property
for
and
whether
or
not
he
even
knew
that
the
property
is
going
to
be
rented
and
you're
and
going
back
to
the
city
ordinances.
We
we
have
our
hands
tied
on
this
one.
It's
really
hard,
because
I
know
how
I
would
vote,
but
that's
only
my
opinion
and
has
nothing
to
do
with
the
ordinance.
C
So
it's
a
tough
tough
decision
and
we've
gone
down
this
road
many
times
regarding
this
exact
issue,
and
it's
really
hard
because
we
I
want
to
vote
one
way.
But
that's
not
the
right
way
to
vote.
I
have
to
go
according
to
what
the
ordinance
States
and
so
that's
pretty
much.
What
I
wanted
to
say
thank.
I
Have
to
agree
with
Mr
Hendricks
and
disagree
with
Mr
Vasily
and
with
Mr
Vanessa
I'm,
not
aware
of
any
case
we've
had
where
the
owner
was
unaware
of
his
agent
and
at
renting
the
property,
whether
it
was
short-term
or
long-term.
In
every
other
case,
there
had
been
a
proxy
or
whether
it
was
a
lawyer
or
a
friend
or
a
real
estate
agent,
but
never
have
we
had
a
case.
Where
would
No
Authority,
given
written
or
oral?
I
I
I
want
to
add
that
when
you're
in
bankruptcy,
we
probably
can't
even
take
this
action
without
going
to
the
bankruptcy
court.
But
that's
that's
a
separate
issue
this,
but
this
is
not
a
case
where
an
agent
who
had
the
right
to
rent
the
property
or
even
operate
the
property
was
it
took
the
step
of
violating
the
law.
You
just
can't
hold
this
person
responsible.
I
The
guy
maybe
but
that's
not
again,
that's
not
up
to
us,
but
you.
If,
if
John
had
acted
with
authority
or
with
ownership
either
one
we
would
be
able
to
cite
him,
and
maybe
that
would
occur
to
everybody,
but
he
doesn't
have
ownership
and
he
didn't
have
authority,
and
there
is
just
no
way
you
can
hold
the
property
on
her
results.
A
I
I
think
the
I
actually
disagree
with
you
that
we
had
a
case
and
we
have
had
many.
The
one
that
jumps
to
mind
is
the
case
where
the
father
owned
the
property
and
the
son
put
it
on
Airbnb
I,
don't
know
if
you
remember
that
case,
the
father
said
he
didn't
know.
His
son
was
doing
that
and
we
upheld,
so
we
have
had
many
cases
where
that
is
exactly
the
same
situation.
A
Clearly
John
had
access
to
the
house
I
find
it
a
little
hard
to
to
accept
that
there
was
no
communication
that
this
was
all
done
in
secret
if
you
will,
regardless
of
who
got
the
money,
so
the
ordinance,
whether
you
agree
with
it
or
not,
the
ordinance
holds
the
owner
accountable
and
that's
why
this
citation
was
written
to
the
owner.
M
His
birthday
is
September,
22nd
and
I
was
trying
to
surprise
him
and
help.
So
there
was
no
communication
and,
and
Rick
did
not
didn't
know
so.
A
I
A
A
I
think
you're
splitting
hairs
these
two,
whatever
the
definition
of
their
relationship
is
these
two
are
they're
not
strangers,
so
where
one
has
have
access
to
the
property,
I
think
you're
splitting
hairs
and
that's
putting.
I
D
Well,
I'm
sitting
there
yeah
I
practice
for
42
years
and
I'm
trying
to
get
back
and
remember:
I,
didn't
practice
agency
law,
but
as
John
Rosen
as
Steven
knows,
there
are
different
ways
that
agencies
can
be
can
be
created
and
I.
Don't
know
enough
at
this
point
in
my
life
to
know
whether
that's
that's
true
I
think
we
need
not
to
make
inappropriate
comments
about
supporting
someone
if
they
lose.
This
appeal,
I
think
that's
really
a
very
bad
thing
Steven
and
is
is
inappropriate.
D
So
I
think
we
have
had
a
lot
of
cases
like
this
and
so
I'd
like
to
have
two
or
three
minutes
before
we
vote
I,
don't
know
what
I'm
going
to
think
about
going
here.
I
think
it
is
hard,
but
I
do
have
trouble
believing
that
there
wasn't
a
relationship
here
that
may
have
created
an
agency
I
just
I
just
don't
know,
but
we
have
to
look
at
the
facts
as
they
apply
to
the
ordinance
into
the
case.
J
I,
don't
want
to
say
that
I,
but
I
want
to
just
propose
potentially
continuing
and
I,
don't
like
to
punt
things,
but
maybe
we
need
a
little
more
education
around
agency,
because
I
I
understand
both
sides
and
I
feel
like
this
is
a
dangerous
precedent
in
some
capacities.
J
I
A
Board
secretary
is:
is
that
an
option
for
us
foreign.
D
D
A
D
Meeting
motion:
no
that's
a
primary
motion.
There
can
be
a
secondary
motion
to
to
to
continue
the
matter
as
my
understanding
of
Robert
Vice.
A
Chair
Kane,
you
can
make
in
a
competing
motion
which
then,
if
it,
if
seconded,
gets
a
vote.
First,
okay,.
J
Then
I'll
make
that
motion
to
I
would
say
continue
to
our
next
hearing
and
know
later.
A
C
A
A
All
right,
so
we
are
not
taking
a
vote
on
this
and
we
will
take
a
vote
on
this
case
in
our
next
meeting
at
the
towards
the
end
of
November
and
then
I
would
ask
Jill
if
you
can
give
us
at
that
time.
Some
more
definitive
information
about
this
whole
agency
issue.
D
You
you
know
I
would
like
to
make
one
comment,
that
this
also
runs
to
the
facts
and
who
we
believe
and
The
credibility
of
the
witnesses
and
I'm,
not
sure
that
I
believe
all
the
testimony
now
I
think
a
couple
of
us
do
believe
that
but
I
don't
know
that
I
do
and
that
will
affect
my
vote
when
we
finally
get
to
this.
But
again
we
have
to
we've
talked
about
this
before,
and
Jill
has
mentioned
it
or
Johnson
really
has
mentioned
it.
J
Interesting,
okay,
well,
so
I
just
think
this
will
be
helpful.
Honestly,
I,
don't
really
know
that
I
was
leaning
one
way
or
another
frankly,
but
I
do
want
some
more
clarity
on
agency
because,
like
I
said,
I
am
concerned
that
this
might
be
some
sort
of
weird
loophole
that
then
we're
gonna
open
a
little
wider
than
I
would
like.
So
that's
just
my
opinion,
so
hopefully
Jill
you
can
give
us
some
clarity
around
this,
so
we
can
move
ahead
right
more
intelligently
for
my
tank
anyway,
I'm
no
lawyer
clearly.
A
All
right,
thank
you,
Jill
that
make
sense,
I!
Think
what
we're
asking
for
for
next
month.
A
You
all
right,
we
will
move
on
the
next
section
set
aside
for
General
comments,
announcements,
requests
of
staff
and
or
other
issues
of
interest
from
board
members
for
the
administrative
appeals
board.
Does
anybody
have
anything.
I
I
I'd
like
to
urge
the
week,
if
I'm
not
sure
this
is
the
right
moment
in
this
agenda,
live
personal
meetings
at
City,
Hall,
other
agencies
and
other
entities
are
having
live
meetings,
no
longer
fear
of
covet
and
I
think
we
would
be
better
if
we
sat
in
the
same
room
as
much
as
possible.
F
So
I
mean
the
airport
commission
did
have
a
off-site
planning
session
in
person,
but
the
our
regular
meetings
are
still
on
Zoom.
J
Okay
and
I'll
also
add
like
I'm
on
the
east
coast,
and
so
this
is
really
handy
because
I
hate
missing
these
meetings
and
I
missed
too
many
already
so
I'm
glad
it's
here
and
I
feel
like.
We
also
get
more
engagement
to
a
certain
extent
right,
because
people
are
all
over
the
place.
But
until
we've
done
like
we
can
do
sort
of
hybrids,
I
mean
I,
don't
oppose
at
all
meaning
in
person
for
sure,
but
I
like
the
idea
of
an
option
just
because
we
all
do
things
right.
B
D
C
A
Okay
and
then
I
just
want
to
make
sure
Cassie
for
the
next
month's
agenda.
My
understanding
is
that
we
don't
re-hear
the
case,
but
Miss
trembly
will
give
us
kind
of
an
overview
or
an
answer,
more
information
about
this
whole
agency
issue
and
how
it
relates
to
the
ordinance,
and
then
we
will
vote
on
this
case.
A
You
did
not
offend
me,
don't
worry
I'm,
not
that
easily
offended.
I
will
tell
you,
though,
from
my
perspective,
not
chair
is
just
my
personal
I.
Think
one
of
the
things
this
this
board
has
got
to
keep
in
mind
is
we
have
got
to
be
consistent
and
we
have
to
my
recollection,
we
have
probably
had
half
a
dozen
cases
of
the
similar
facts
that
we
have
upheld
and
so
I
have.
A
This
concern
that
if
somebody
is
presenting
a
very
sympathetic
case,
the
drive
is
to
find
a
way
to
overturn
and
then
we're
not
being
fair
to
the
people
we
have
uphelded
with,
and
there
have
been
lots
of
them
that
we
have
upheld,
and
so
that's
my
concern.
I
am
absolutely
not
offended.
J
N
Ma'am,
yes,
I
received
an
email
from
Rick
Langley.
He
said
that
their
internet
was
cut
off
and
they've
been
trying
to
log
back
in.
N
A
Soon,
as
he
so
Rick,
it
looks
like
you
just
got
back
in
so.
A
A
The
third
motion
was
to
postpone
a
decision
until
next
month,
at
which
time
the
City
attorney
will
give
us
some
more
information
about
this
whole,
the
subject
that
was
brought
up
about
agency
and
how
it
relates
to
the
ordinance
so
bottom
line
is
there
was
not
a
decision
made.
We
will
make
a
decision
next
month.
We
will
not
re-hear
the
case.
The
City
attorney
will
give
us
a
little
bit
of
an
education,
and
then
we
will
vote.
L
Okay
can
I
clarify
from
the
conversation
that
I
heard
I
do
not
I,
don't
see
the
other
gentleman
up
there
he's
Mr,
Sinclair
I.
Think
I,
don't
have
a
agency
relationship.
I,
don't
have
a.
A
L
A
You
so
I
just
want
to
let
you
know
that
we
will
vote
on
this
case
at
our
next
meeting
towards
the
end
of
November,
but
we
we
there
was
a
motion
to
postpone
pending
some
education
from
the
city
attorney.
We
will
hopefully
start
with
that
at
the
next
meeting
and
we
will
then
take
a
vote.
Okay,
I'd.
A
We
still
have
more
of
the
agenda,
but
thank
you
all
right.
The
next
item
on
the
agenda
is
time
set
aside
for
the
City
attorney
to
update
the
board
on
important
matters
initiated
by
staff
or
previously
requested
by
the
board
Mr
trembly.
Do
you
have
anything
to
report
to
the
board?
No.
A
Right,
thank
you
and
then
the
final
item
on
the
agenda
is
time
set
aside
for
the
city
clerk
to
update
the
administrative
appeals
board
on
important
items
initiated
by
staff
or
previously
requested
by
the
board.
B
A
Thank
you,
okay
and
then
Cassie
I
do
have
a
request.
So
if
the
the
the
vote
on
this
case
can
be
put
as
the
first
first
thing
after
public
comment
on
the
agenda,
you.
B
D
Michael,
the
other
thing
that
we
to
in
my
memory
serves
me
right
on
this.
Wednesday
will
also
be
the
day
before
Thanksgiving,
and
my
memory
says
that
we
had
our
meeting
a
week
earlier
last
year.
Now,
if
that's
not
I'm
fine,
coming
on
our
regular
meeting
time
on
Wednesday
before
Thanksgiving,
but
I
think
we
should
at
least
be
aware
of
that
yeah.
A
A
Thank
you,
but
thank
you
for
bringing
that
out.
Mr
Sinclair
sure
all
right.
If
nobody
else
has
anything
the
motion
to
adjourn
Mr,
Moses
they're
so
made
anybody
want
a
second
I.
A
Right,
thank
you,
everybody.
Thank
you
for
your
time
and
effort.
Thank
you
have
a
good
Thanksgiving
and
we
will
see
you
next
month.
Thanksgiving.