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Home My WebLink About2023-02-22 AAB Minutes City of Palm Springs Page 1 Wednesday, February 22, 2023 Minutes of the Regular Meeting of the Administrative Appeals Board CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, February 22, 2023, at 5:32 p.m. ROLL CALL Present: Board Members Stephen Moses, Wayne Sinclair, Alternate Ken Hedrick, Vice Chair Jocelyn Kane and Chair Michael Paonessa Absent: Patrick Basile City Staff Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dave Williams, Code Compliance Officer; Dustin Wade, Code Compliance Officer; Jacob Gonzalez, Code Compliance Officer; and Cassandra Edney, Deputy City Clerk 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0. 2. PUBLIC COMMENT None. APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTATIVE CITATION A6770 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3010 N. PUERTA DEL SOL., PALM SPRINGS, CALIFORNIA. Patrick Clifford gave City staff report. Kimberly Bowman, Code Enforcement Officer, responded to the location and gave a first citation. Dave Williams, Code Enforcement Officer, responded to the location and gave a second citation. Williams spoke to the owner and advised of the citation. Open Appeal hearing – Bruce Bower, representing the appellant Jackie Fisher. Jen Wonpol, TRAVLR Agent, stated they were aware it was a problem guest, and they were addressing the issue. The guest wasn’t following the rules and they were evicted by TRAVLR. Jackie Fisher, homeowner, and appellant, gives information in regard to the neighbor issues. Regular Meeting Minutes Administrative Appeals Board February 22, 2023 City of Palm Springs Page 2 Bruce Bower speaks again. Andrea Vincent, neighbor of the property, gives public comment. Jackie Fischer rebuttal to the public comments. Jen, TRAVLR owner gives a property history. David Knaus, neighbor of the property, gives public comment. Jackie Fischer responds to public comment. Russell Minchinton, neighbor of the property, gives public comment. Jackie Fischer responds to the public comment and how many calls the neighbor has made on this property. Bruce Hoban makes public comment regarding the VR Homeowners having an avenue for multiple false claims. Hoban states the ordinance was written poorly in 2017. Bruce Bower responds to the citations that are at hand. Jackie Fischer responds to questions from the Board Members. City responds to the rebuttals. Mitch Nabhan, Code Enforcement Supervisor, gives information base on the noise that was heard from the property. MOTION BY BOARDMEMBER SINCLAIR, SECOND BY VICE CHAIR KANE, CARRIED 4-1 (MOSES) to UPHOLD and adopt Resolution No. 0245 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JACKIE FISHER C/O SLOVAK BARON EMPEY MUPRHEY PINKEY LLP FOR THE PROPERTY LOCATED AT 3010 N. PUERTA DEL SOL, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A6770 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4093.” 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT MC REVOCABLE LIVING TRUST 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 PROPERTY LOCATED AT 830 ARROYO VISTA DR., PALM SPRINGS, CALIFORNIA Patrick Clifford gave City staff report. Jacob Gonzalez, Code Enforcement Officer, gave information of the communication between homeowner (appellant) and himself for wanting to rent the property. Pedro Mayoral, gives testimony about his interaction with his mom and a property management company. Questions from the board to the appellant. The emails that were sent to City Staff were the property management company. MOTION BY BOARDMEMBER SINCLAIR, SECOND BY BOARDMEMBER HEDRICK 5- 0 to UPHOLD and adopt a Resolution No. 0246 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MC REVOCABLE LIVING TRUST FOR THE PROPERTY LOCATED AT 830 ARROYO VISTA DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0430 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT ELEHAH SAFFARIAN IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINES OF $5,000 AND $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 748 MIRA GRANDE, PALM SPRINGS, CALIFORNIA Regular Meeting Minutes Administrative Appeals Board February 22, 2023 City of Palm Springs Page 3 Patrick Clifford gives City staff report. Dave Williams, Code Enforcement Officer, gives testimony on a lead that was sent into the VR portal. Williams sent a message to the homeowner a booking inquiry to the property host. Jacob Gonzalez, Code Enforcement Officer, gives testimony on the second citation that was issued to the location. Elehah Saffarian, homeowner and appellant, gives testimony on the situation of the rental. Patrick Clifford clarifies that the citations were sent to two separate addresses due to making sure the homeowner gets the citation. MOTION BY BOARDMEMBER MOSES, SECOND BY VICE CHAIR KANE, CARRIED 4-1 (HEDRICK), to UPHOLD Resolution No. 0247 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ELEHAH SAFFARIAN FOR THE PROPERTY LOCATED AT 748 MIRA GRANDE, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATIONS AB0381 ISSUED IN THE AMOUNT OF $5,000, AB0445 ISSUED IN THE AMOUNT OF $10,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” OTHER BUSINESS: 6. APPROVAL OF MINUTES: January 25, 2023. Minutes were approved - MOTION BY BOARDMEMBER SINCLAIR, SECOND BY VICE CHAIR KANE, CARRIED 5-0 TO APPROVE MINUTES. 7. BOARD MEMBER COMMENTS AND REQUESTS None. 8. CITY ATTORNEY’S REPORTS AND COMMENTS None. 9. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Deputy City Clerk Edney provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 8:00 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: / /2023