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HomeMy WebLinkAboutItem 8 - Minutes to Approve City of Palm Springs Page 1 Wednesday, October 27, 2021 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Assembly Bill (AB) 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, October 27, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, and Chair Michael Paonessa; Alternate Board Member Ken Hedrick Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT Bruce Hoban, resident, provided an update on litigation concerning the City’s Short-Term Vacation Rental Ordinance; suggested the Board request a notice to be mailed to every homeowner informing them of the Ordinance. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 3. APPEAL OF THE DECISION THAT GONZALO TOLEDO IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE CITATIONS OF AB0316 AND AB0330 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2660 N. FARRELL DR., PALM SPRINGS, CALIFORNIA. Special Programs Director Goedhart and Code Enforcement Officer Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Manny Toledo, Owner’s son, stated that he listed the home as a vacation rental to help his father through a financial hardship and was not aware of the City Ordinance until he received the citation; requested an opportunity to achieve compliance; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No.0209 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF GONZALO TOLEDO FOR THE PROPERTY LOCATED AT 2660 N. FARRELL DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATIONS AB0316, AB0330 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Gonzalo Toledo is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2660 N. Farrell Drive, Palm Springs. 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT ASMIK GRIGORIAN 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 5300 E. WAVERLY DR., UNIT E6, PALM SPRINGS, CALIFORNIA Special Programs Director Goedhart and Code Enforcement Officer Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 3 Silvia Grigorian, Appellant’s niece, stated that she rented out the home to help the appellant through a financial hardship and was unaware that the homeowners association does not allow vacation rentals, nor was she aware of the City’s Ordinance; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER BASILE, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to adopt Resolution No.0210 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASMIK GRIGORIAN FOR THE PROPERTY LOCATED AT 5300 E. WAVERLY DR., Unit E6, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0320 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Asmik Grigorian is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 5300 E Waverly Dr., Palm Springs, and the administrative fine of $5,000. 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT ISAAC SILVERMAN 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 2246 N. INDIAN CANYON DR., UNIT D, PALM SPRINGS, CALIFORNIA Special Programs Director Goedhart and Code Enforcement Officer Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened and closed the Appeal Hearing, there being no one desiring to speak. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0 to adopt Resolution No. 0211 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ISAAC SILVERMAN FOR THE PROPERTY LOCATED AT 2246 N. INDIAN CANYON DR., UNIT D, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0327 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Isaac Silverman is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2246 N. Indian Canyon Dr., Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 4 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT KRISTA TURKOLU-RAY 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 1111 E. PALM CANYON DR. #224, PALM SPRINGS, CALIFORNIA Board Member Sinclair announced that he needed to leave the meeting early. The Board agreed that Alternate Member Hedrick would participate as a voting member for the remainder of the meeting. Special Programs Director Goedhart and Code Enforcement Officer Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Krista Turkolu Ray, Appellant, stated that she was unaware of the City’s regulations and attempted to register the property immediately upon learning of the requirements; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0212 entitled “ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KRISTA TURKOLU-RAY FOR THE PROPERTY LOCATED AT 1111 E. PALM CANYON DR. #224, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0329 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.,” upholding the administrative decision that Krista Turkolu is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1111 E. Palm Canyon Dr., Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 5 OTHER BUSINESS: 7. APPROVAL OF MINUTES MOTION BY BOARD MEMBER MOSES, SECOND BY CHAIR PAONESSA, CARRIED 5-0, to approve the Regular Meeting minutes of September 22, 2021. 8. CONSIDERATION OF SUBMITTING PRIORITIES/AREAS OF FOCUS FOR THE CITY COUNCIL VISIONING SESSION Chair Paonessa reported on the subcommittee’s recommendation to the City Council concerning areas of focus for the City Council visioning session. Following discussion, MOTION BY BOARD MEMBER MOSES, SECOND BY CHAIR PAONESSA, CARRIED 5-0, to approve the subcommittee recommendation as presented. 9. BOARD MEMBER COMMENTS AND REQUESTS The Board requested staff agendize discussion of issuing a Citywide mailer concerning the City’s Vacation Rental Ordinance. 10. CITY ATTORNEY’S REPORTS AND COMMENTS None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Lomeli provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:20 p.m. Respectfully submitted, Monique M. Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/____ City of Palm Springs Page 1 Wednesday, December 1, 2021 Minutes of the Special Meeting of the Administrative Appeals Board Pursuant to Assembly Bill (AB) 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Special Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, December 1, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, and Chair Michael Paonessa; Alternate Board Member Ken Hedrick Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT None. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE CITATION AB0349 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1895 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA. Executive Program Administrator Clifford and Code Enforcement Officers Nabhan and Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Anna Hakobyan, Appellant, provided testimony that she did not completely understand the City’s regulations regarding short-term vacation rentals; urged the Board to uphold the fine and overturn the suspension; responded to Board inquiries. Bruce Hoban, opined that based on the information presented, the appellant should have received two citations rather than three because two of the violations occurred during the same rental. In response to Board inquiries, Deputy City Attorneys Tremblay and Hassell clarified that the citations were issued pursuant to PSMC 1.6030, and in accordance with City Ordinance the violations could not be combined as they were separate violations with two different responsible parties. Francine McDougall, expressed concern regarding the City’s interpretation of the Ordinance as it allows for multiple violations in one visit that could lead to an owner’s vacation rental certificate being revoked; urged the Board and City staff to set a clear precedent. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, Chair Paonessa expressed reservations regarding the issuance of the two citations during the same visit; the Board agreed that it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 4-1 (PAONESSA VOTING NO), to adopt Resolution No.0213 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ANNA HAKOBYAN FOR THE PROPERTY LOCATED AT 1895 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0349 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFICATE #3018,” upholding the administrative decision of a two- year suspension of the vacation rental registration certificate for the property located at 1895 N. Whitewater Club Drive, Palm Springs and the fine of $2,500. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 3 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT VANSON LLC 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 200 E. RACQUET CLUB RD. #4, PALM SPRINGS, CALIFORNIA At the request of the appellant, this item was continued to a date uncertain. 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT ABEL JUAN GUERRA AND CAMILO DIAZ ARE 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 1461 E. TWIN STAR RD., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Abel Guerra, Appellant, stated that he was unaware of the City’s regulations until he received a citation; testified that he believed AirBnB paid City taxes on his behalf; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0 to adopt Resolution No. 0214 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ABEL JUAN GUERRA AND CAMILO DIAZ FOR THE PROPERTY LOCATED AT 1461 E. TWIN STAR RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0341 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Abel Juan Guerra and Camilo Diaz are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1461 E. Twin Star Road, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 4 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT KAMBIZ MARASHI 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 3627 AMBASSADOR DR., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquiries. Chair Paonessa opened the Appeal Hearing. Kambiz Marashi, Appellant, stated that he was unaware of the City’s regulations until he received the citation; testified that his neighbors made false reports against him; requested the Board reduce the citation to a fine and allow him to achieve compliance; responded to Board inquiries. Matt and Amy Smalls, stated that they are the appellant’s neighbors and provided testimony regarding their negative experience with the appellant and the multiple short-term guests at his property. Daron Staton, stated that he is the appellant’s neighbor and has witnessed short-term rental activity at the subject property on multiple occasions; noted that he serves on the Miralon Homeowners Association. Kambiz Marashi, Appellant, in rebuttal, stated that a neighbor has rallied other neighbors against him due to a personal bias and has filed a false police report. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0215 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KAMBIZ MARASHI FOR THE PROPERTY LOCATED AT 3627 AMBASSADOR DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0331 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Kambiz Marashi is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3627 Ambassador Dr., Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 5 MEETING RECESS: The Board recessed at 7:14 p.m. and reconvened at 7:18 p.m. with all members present. 7. APPEAL OF THE ADMINISTRATIVE DECISION THAT ANGELA KHANJYAN AND GARO HAJBEKIAN ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE CITATIONS AB0318 AND AB0361 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2885 E. SANDIA RD., PALM SPRINGS, CALIFORNIA Board Member Sinclair recused himself due to the close proximity of his residence to the subject property. Executive Program Administrator Clifford and Code Enforcement Officers Smith and Williams presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened and closed the Appeal Hearing. Angela Khanjyan, Appellant, stated that the home was previously registered as a vacation rental and operated under the understanding that the permit was transferred to her name through the escrow process; requested an opportunity to achieve compliance; responded to Board inquiries. In response to Board inquiries, Deputy City Attorney Tremblay clarified that vacation rental registration permits do not transfer with property ownership. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that the staff report and presentation demonstrate that a violation occurred and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to adopt Resolution No. 0216 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ANGELA KHANJYAN FOR THE PROPERTY LOCATED AT 2885 E. SANDIA ROAD., PALM SPRINGS, CALIFORNIA, REGARDING ADMINISTRATIVE CITATIONS AB0318 AND AB0361 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Angela Khanjyan is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2885 E. Sandia Road, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 6 OTHER BUSINESS: 8. DISCUSSION REGARDING OUTREACH TO INFORM RESIDENTS OF VACATION RENTAL REGULATIONS The Board discussed ideas to provide more information to the public on the City’s Ordinance and the Board’s role regarding appeal hearings. 9. BOARD MEMBER COMMENTS AND REQUESTS: None. 10. CITY ATTORNEY’S REPORTS AND COMMENTS None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Lomeli provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 8:06 p.m. Respectfully submitted, Monique M. Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/____ City of Palm Springs Page 1 Wednesday, January 26, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, January 26, 2022, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses (arrived at 5:32 p.m.), Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick Absent: Board Members Wayne Sinclair City Staff Present: Jill Tremblay, Deputy City Attorney; Denise Hansen, Prosecution Counsel, Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dave Willams, Code Compliance Officer; 1. ACCEPTANCE OF THE AGENDA MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER KANE, CARRIED 4-0, to accept the agenda, as presented. 2. PUBLIC COMMENT None Regular Meeting Minutes Administrative Appeals Board January 26, 2022 City of Palm Springs Page 2 APPEAL HEARINGS 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT VANSON LLC 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 200 E. RACQUET CLUB RD. #4, PALM SPRINGS, CALIFORNIA. The audience oath was administered to those testifying on this matter. Executive Program Administrator Patrick Clifford and Code Officer David Williams presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Ty Jackson, Appellant, reported the HOA allows up to thirty days of stay; reported he misinterpreted the rule and noted he has removed all advertising and does not plan to rent the unit out going forward. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Discussion followed regarding the specific wording of the statute and the Appellant’s acceptance of a twenty-one-day reservation, which is less than what the City and HOA require. Deputy City Attorney Jill Tremblay reported that no lease was affected. MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER BASILE, CARRIED 4-1 (BOARD MEMBER MOSES, OPPOSED), to adopt Resolution No. 0217 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF VANSON LLC FOR THE PROPERTY LOCATED AT 200 E. RACQUET CLUB RD. #4, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0336 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT SUSAN BARAZ 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 1109 VIA TENIS PALM SPRINGS, CALIFORNIA The audience oath was administered to those testifying on this matter. Executive Program Administrator Clifford and Code Officer Williams presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Regular Meeting Minutes Administrative Appeals Board January 26, 2022 City of Palm Springs Page 3 Discussion followed regarding whether the property is a condominium or a single-family dwelling. It was noted the property is a condominium and allows for short-term rentals with a fourteen-night minimum stay. Chair Paonessa opened the Appeal Hearing. Susan Baraz, Appellant, reported she has listed her condominium on Air BnB; confirmed the complex allows short-term rentals with a fourteen-night minimum stay; noted she was unaware of the need for a permit and stated she has not rented it out for less than thirty days. She added that she is retired and needs the additional income. Robert Giolito, Attorney, spoke in support of Ms. Baraz; discussed her efforts in bringing people to the city to attend photography events; added that he too, was unaware of the City’s requirements; reported their registration applications were returned along with their checks and alleged there is no evidence that Ms. Baraz rented out her unit, short-term. Chair Paonessa reported the application for a TOT number is separate from a short-term rental permit. Mr. Giolito noted a TOT number is necessary in order to apply for a vacation rental permit. Chair Paonessa asserted that no TOT number is necessary in order to get a short-term rental permit and stated the TOT application was returned because a citation has already been issued for lack of a permit. Executive Program Administrator Clifford distinguished between TOT applications in the Finance Department page of the City’s website and in the Vacation Rental page. Vice Chair Kane noted that the TOT permit is not relevant in this case and discussed the City’s strict vacation rental ordinance. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Chair Paonessa noted that the City’s ordinance supersedes the condominium rules; reported the City is clear relative to its requirements and spoke about the City treating advertisements as operations in terms of short-term rentals. Board Member Moses spoke about the possibility of working out a payment arrangement between Ms. Baraz and the City. MOTION BY MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to adopt Resolution No. 0218 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SUSAN BARAZ FOR THE PROPERTY LOCATED AT 1109 VIA TENIS, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0345 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO Regular Meeting Minutes Administrative Appeals Board January 26, 2022 City of Palm Springs Page 4 OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT WILLIAM SPANN 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 1910 N. LOS ALAMOS RD., PALM SPRINGS, CALIFORNIA The audience oath was administered to those testifying on this matter. Executive Program Administrator Clifford and Code Officer Williams presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Executive Program Administrator Clifford clarified that the citation was issued August 26, 2021. Discussion followed regarding the owner of the property at the time the citation was issued. Chair Paonessa opened the Appeal Hearing. William Spann, Appellant, reported he and his son, David, purchased the property in March 2019; noted he was considered the primary owner; stated his son used it as a short-term rental and it was his impression that his son had obtained a short-term rental permit; announced his son was murdered in April 2022 and the property reverted to him, although it was not recorded as his property and stated his grandchildren and their mother live on the property. In response to Chair Paonessa’s question, Executive Program Administrator Clifford reported there is no record of the property ever having a permit and there was no TOT paid. Members of the Board expressed their condolences to Mr. Spann on the death of his son. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to adopt Resolution No. 0219 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF WILLIAM SPANN FOR THE PROPERTY LOCATED AT 1910 N. LOS ALAMOS RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0348 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 6. APPEAL OF THE ADMINISTATIVE CITATION AB0351 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2267 N. JANIS DR., PALM SPRINGS, CALIFORNIA The audience oath was administered to those testifying on this matter. Regular Meeting Minutes Administrative Appeals Board January 26, 2022 City of Palm Springs Page 5 Executive Program Administrator Clifford and Code Officer Nabhan presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Discussion followed regarding contact with the property management company, whether the appeal was related to the two citations issued for noise and the sequence of events leading up to the third citation. Chair Paonessa opened the Appeal Hearing. Tim H., Appellant, discussed the noise citations; noted the second citation was issued while the music played from inside the house; opined the noise was at a low volume; questioned the noise violations and spoke about the City’s antiquated system. Discussion followed regarding determining whether the level of noise violates the code, appealing the noise citations, the City’s zero-tolerance policy regarding noise, communicating rules to guests and contract summaries entered after the fact. Executive Program Administrator Clifford reported information regarding decibels are included in the report. It was noted the citations were not in violation of the noise ordinance but rather a violation of the vacation rental rule indicating that no music shall be audible from the property line. Additionally, there were no appeals filed for the music citations and the citations were paid. Discussion followed regarding the City’s appeals process. It was noted that it was up to the guests to appeal the first two citations and the property owner is responsible for appealing the third citation. Board Member Moses felt the need for additional information in terms of evaluating the citations and suggested suspending the decision until the City Attorney can advise the Board on this matter. MOTION BY BOARD MEMBER MOSES, SECONDED BY VICE CHAIR KANE, CARRIED 4-1 (CHAIR PAONESSA, opposed), to continue the appeal hearing to the next regular meeting of the Administrative Appeals Board until the Board is able to receive further instructions from the City Attorney. OTHER BUSINESS 7. APPROVAL OF MINUTES: Regular Meeting of October 22 and Special Meeting of December 1, 2021. MOTION BY BOARD MEMBER MOSES, SECONDED BY BOARD MEMBER HEDRICK, CARRIED 5-0, to approve the meeting minutes of the regular meeting of the Administrative Appeals Board of October 22, 2021 and the special meeting of December 1, 2021. Regular Meeting Minutes Administrative Appeals Board January 26, 2022 City of Palm Springs Page 6 8. RECEIVE AND FILE THE ADMINISTRATIVE APPEALS BOARD REGULAR MEETING SCHEDULE FOR 2022 MOTION BY VICE CHAIR KANE, SECONDED BY BOARD MEMBER BASILE, CARRIED 5-0, to receive and file the Administrative Appeals Board regular meeting schedule for 2022. Chair Paonessa noted that the November 2022 is one week later than the standard meeting. 9. BOARD MEMBER COMMENTS AND REQUESTS: Chair Paonessa referenced a prior case related to one of his neighbors and in speaking with him, he indicated that he felt he was treated very fairly by the Board and appreciated everyone’s time and attention. 10. CITY ATTORNEY’S REPORTS AND COMMENTS: Deputy City Attorney Tremblay reported the City prevailed in the lawsuit regarding the short- term rental ordinance and it was determined there was no violation of the zoning ordinance. Discussion followed regarding the entity filing the lawsuit, the possibility of amending the vacation rental ordinance, City Council’s Strategic Visioning Plan, providing the Board with better clarity regarding the ordinance and dealing with extreme/unique cases. It was noted that the City will be sending postcards to residents regarding the vacation rental ordinance. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None ADJOURNMENT: The Administrative Appeals Board adjourned at 7:45 p.m. to the next Regular Meeting on February 23, 2022, at 5:30 p.m. Respectfully submitted, _______________________________________ MONIQUE LOMELI, MCM CHIEF DEPUTY CITY CLERK APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: _______________ City of Palm Springs Page 1 Wednesday, February 23, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, February 23, 2022, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses (arrived at 5:38 p.m.), Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick Absent: Board Member Stephen Moses City Staff Present: Jill Tremblay, Deputy City Attorney; Denise Hansen, Prosecution Counsel, Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dustin Wade, Code Compliance Officer 1. ACCEPTANCE OF THE AGENDA MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0, to accept the agenda, as presented. 2. PUBLIC COMMENT None APPEAL HEARINGS 3. APPEAL OF THE ADMINISTRATIVE CITATION AB0351 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2267 N. JANIS DR., PALM SPRINGS, CALIFORNIA (CONTINUED FROM 1/26/2022) The audience oath was administered to those testifying on this matter. Board Member Sinclair noted he was in the hospital last month, was unable to attend the initial hearing on this item, recused himself from this matter and left the meeting. Regular Meeting Minutes Administrative Appeals Board February 23, 2022 City of Palm Springs Page 2 Chair Paonessa reported this item was continued from the last meeting as there were questions about receiving multiple citations in one weekend with one guest. Deputy City Attorney Jill Tremblay reported staff is not prevented from issuing multiple citations for a single occupancy; discussed clarifying “violation;” stated the second citation was issued to the tenant and was paid; opined the property owner should be able to appeal the second citation or waive the evidence against what the owner provided. She added that the owner voiced his interest in appealing the second citation and provided decibel readings. Board Member Moses arrived at 5:38 p.m. It was noted that having the ability to issue multiple citations is critical to the enforcement process. Discussion followed regarding clarification of what triggers a two-year suspension versus a six-month suspension. Executive Program Administrator Patrick Clifford presented a short summary of the case; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Mr. Householder, Management Company, noted that according to the testimony, the guests were inside the house when the second violation was issued. Code Officer Nabhan discussed details of the second citation, noting the music was loud enough for him to call the Police Department to help and reported the code specifies “amplified music heard across the property line.” There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY MOSES, SECOND BY BOARD MEMBER BASILE, CARRIED 4-0, with Board Member Sinclair, recused, to adopt Resolution No. 0220 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF 2267 N JANIS DR LLC FOR THE PROPERTY LOCATED AT 2267 N. JANIS DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0351 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFICATE #1561.” 4. APPEAL OF THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO JOHN BLANCHARD FOR THE PROPERTY LOCATED AT 1898 E. BELDING RD., PALM SPRINGS. The audience oath was administered to those testifying on this matter. Regular Meeting Minutes Administrative Appeals Board February 23, 2022 City of Palm Springs Page 3 The audience oath was administered to those testifying on this matter. Executive Program Administrator Clifford and Code Officer Nabhan presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Discussion followed regarding previous contract summary submissions, months for which no contract summaries were submitted, the date of the citation and the effective date of the suspension. Chair Paonessa opened the Appeal Hearing. John Blanchard, Property Owner, spoke about being adamant about submitting contract summaries and felt there was a technical error in submitting one. Melissa Blanchard noted they always submit their contract summaries at the time of guest check ins and added they pay their TOT, monthly. She reported that the contract summary was submitted, was not received by the City and they were not aware that it was not received. Discussion followed regarding the possibility of placing the property owner on probation, verifying receipt of the contract summary, possible problems with the system, options for the Board to consider and the number of rentals for August and September of 2021. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Discussion followed regarding the possibility of data entry errors. Alternate Board Member Ken Hedrick left the meeting at 6:32 p.m. Board Member Sinclair stated that if a confirmation of receipt is not received by a property owner, it should set off an alarm that the City did not receive the submission. It was noted that the appellant had a habit of submitting contract summaries. MOTION BY BOARD MEMBER MOSES, SECOND BY VICE CHAIR KANE, CARRIED 3-2, with Board Member Sinclair and Chair Paonessa, opposed, to reverse the action of the City against the Appellant. 5. APPEAL OF THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO VAGAN POLADYAN FOR THE PROPERTY LOCATED AT 1951 S. ARABY DR., PALM SPRINGS. The audience oath was administered to those testifying on this matter. Regular Meeting Minutes Administrative Appeals Board February 23, 2022 City of Palm Springs Page 4 The audience oath was administered to those testifying on this matter. Executive Program Administrator Clifford and Code Officer Wade presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Discussion followed regarding the issuance of a citation for music heard beyond the property line. Chair Paonessa opened the Appeal Hearing. Vagan Poladyan, Appellant, explained they were inexperienced and are now aware of the importance of submitting contract summaries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0222 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF VAGAN POLADYAN FOR THE PROPERTY LOCATED AT 1951 S. ARABY DR., PALM SPRINGS REGARDING ADMINISTRATIVE CITATION AB0355 ISSUED IN THE AMOUNT OF $2,500 AND THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE.” OTHER BUSINESS 6. BOARD MEMBER COMMENTS AND REQUESTS: Chair Paonessa spoke about a variety of forms in Agenda packets and noted there is no excuse for not knowing the rules and requirements relative to vacation rentals. Discussion followed regarding videos on the City’s website regarding the vacation rental ordinance and having more education and training available the need for consistency in applying the rules and how to file appeals and the Code Enforcement approach and process. Chair Paonessa suggested instructing appellants to submit evidence of submissions of contract summaries. Bruce Hoban reported the City Council has gone through a visioning process and changes in the vacation rental ordinance is high on the list of priority projects. He noted the importance of having the Board participate in discussions as stakeholders. Additionally, he reported the City has issued an RFP for a management system to address contract summaries and permits. 7. CITY ATTORNEY’S REPORTS AND COMMENTS: None Regular Meeting Minutes Administrative Appeals Board February 23, 2022 City of Palm Springs Page 5 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None ADJOURNMENT: The Administrative Appeals Board adjourned at 6:53 p.m. to the next Regular Meeting on March 23, 2022, at 5:30 p.m. Respectfully submitted, _______________________________________ Monique Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: _______________ City of Palm Springs Page 1 Wednesday, March 23, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, March 23, 2022, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile (arrived at 5:37 p.m.), Stephen Moses, Wayne Sinclair, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick Absent: Vice Chair Jocelyn Kane City Staff Present: Jill Tremblay, Deputy City Attorney; Denise Hansen, Prosecution Counsel, Patrick Clifford, Executive Program Administrator; Dustin Wade, Code Compliance Officer; Mithcell Nabhan, Code Compliance Supervisor. 1. ACCEPTANCE OF THE AGENDA MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 4-0, to accept the agenda, as presented with Board Member Basile and Vice Chair Kane, absent. 2. PUBLIC COMMENT Mr. Hoban reported City Council will begin reviewing the topic of vacation rentals on March 29, 2022 and urged Members of the Board to ensure the Board’s previous recommendations are consolidated and sent to City Council prior to their working session. There were no other public comments. APPEAL HEARINGS 3. APPEAL OF THE ADMINISTRATIVE CITATION A6883 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1350 S. FARRELL DRIVE, PALM SPRINGS, CALIFORNIA Regular Meeting Minutes Administrative Appeals Board March 23, 2022 City of Palm Springs Page 2 The audience oath was administered to those testifying on this matter. Board Member Basile arrived at this point. Executive Program Administrator Clifford and Code Enforcement Officer Wade presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Discussion followed regarding the citations issued to the renters. Chair Paonessa opened the Appeal Hearing. Chris Reddaway, Appellant, spoke about replacing the property manager; presented a copy of the renter’s I.D., discussed the importance of complying with City laws; noted he was not contacted until the citation was issued and reported they have taken extra measures to ensure the violation does not happen again, including installation of decibel monitors and surveillance measures. It was noted that in terms of music, a decibel reading is not required in the vacation rental ordinance, and the criterion is whether or not the music is audible at the property line. Discussion followed regarding the original property manager, the number of rentals processed by that property manager, when added measures were implemented, the number of bedrooms in the home, and additional guests allowed during the day. There were no other public comments and Chair Paonessa closed the Appeal Hearing. Discussion continued regarding the Board’s discretion relative to the failure of the property manager and it was noted the City’s intention was for the property owner to be ultimately responsible. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLIAR, CARRIED 5-0, with Vice Chair Kane, absent, to adopt Resolution No. 0223, entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KRISTA REDDAWAY FOR THE PROPERTY LOCATED AT 1350 S. FARRELL DRIVE, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A6863 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFICATE #4679.” 4. APPEAL OF THE ADMINISTRATIVE CITATION AB0352 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2825 E. VERONA ROAD, PALM SPRINGS, CALIFORNIA. The audience oath was administered to those testifying on this matter. Regular Meeting Minutes Administrative Appeals Board March 23, 2022 City of Palm Springs Page 3 Executive Program Administrator Clifford and Code Enforcement Officer Nabhan presented details of the staff report; summarized staff’s investigatory methods and issuance of the citations and responded to the Board’s inquiries. Discussion followed regarding the City’s notification regarding the need to submit contract summaries to the property owner. Chair Paonessa opened the Appeal Hearing. Manuel Alguacil Gonzalez, Property Manager representing the Appellant, discussed the noise citations; reported adding noise detectors and noted measures to ensure this does not happen again. Leslie Benjamin, Attorney representing the homeowner, reported submitting a noise mitigation plan to the Board; noted the availability of local property manager and understood her client was out the country at one time and was not able to respond to a request for a contract summary. Discussion followed regarding the local contact at the time of the violations There were no other public comments and Chair Paonessa closed the Appeal Hearing. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, with Vice Chair Kane, absent, to adopt Resolution No. 0224, entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOSEBA CORREYERO FOR THE PROPERTY LOCATED AT 2825 E. VERONA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0352 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFICATE #4559.” Regular Meeting Minutes Administrative Appeals Board March 23, 2022 City of Palm Springs Page 4 OTHER BUSINESS 5. BOARD MEMBER COMMENTS AND REQUESTS: None 6. CITY ATTORNEY’S REPORTS AND COMMENTS: None 7. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None ADJOURNMENT: The Administrative Appeals Board adjourned at 6:28 p.m. to the next Regular Meeting on April 27, 2022, at 5:30 p.m. Respectfully submitted, _______________________________________ Monique Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: _______________ City of Palm Springs Page 1 Wednesday, September 28, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, September 28, 2022, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Alternate Ken Hedrick, and Chair Michael Paonessa Absent: Jocelyn Kane. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dave Williams, Code Compliance Officer; Cassandra Edney, Deputy City Clerk; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT None. APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT EDNOIS HASANI 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 3530 EASTGATE N RD, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Compliance Supervisor Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Regular Meeting Minutes Administrative Appeals Board September 28, 2022 City of Palm Springs Page 2 Chair Paonessa opened the Appeal Hearing. Ednois Hasani was not present at the hearing. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that with the appellant not being present for testimony they are unable to hear testimony, they must uphold the citation. MOTION BY CHAIR PAONESSA, SECOND BY BOARDMEMBER HEDRICK, BOARD MEMBER MOSES OBSTAINED, CARRIED 4-0 WITH 1 OBSTATION, to adopt Resolution No. 0234 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF EDNOIS HASANI FOR THE PROPERTY LOCATED AT 3530 EASTGATE N RD, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0383 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Ednois Hasani is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3530 Eastegate N Rd, Palm Springs and the fine of $5,000. 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT PAUL GRAZIANO 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 2232 E. HILDY LN, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Williams presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Paul Graziano, Appellant, stated that he was unaware that it was advertised as a rental property and his wife was who posted it prematurely. He said he was confused on the permit approval process when Officer Williams arrived to do an inspection. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0235 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF EDNOIS HASANI FOR THE PROPERTY Regular Meeting Minutes Administrative Appeals Board September 28, 2022 City of Palm Springs Page 3 LOCATED AT 3530 EASTGATE N RD, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0383 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS” upholding the administrative decision that Paul Graziano is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2232 E. Hildy Ln, Palm Springs and the fine of $5,000. OTHER BUSINESS: 5. BOARD MEMBER COMMENTS AND REQUESTS Board Member Moses requested that legal counsel review the legality of holding Limited Liability Corporations responsible for any violations, had further questions from previous meetings. Board Member Sinclair and Chair Paonessa asked counsel to investigate the LLC legalities for the next meeting. 6. CITY ATTORNEY’S REPORTS AND COMMENTS Gave answer to a previously asked question at last meeting in regard to LLC violations. 7. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Lomeli provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 6:37 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ___/___/2022 City of Palm Springs Page 1 Wednesday, October 26, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, October 26, 2022, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Alternate Ken Hedrick, Jocelyn Kane and Chair Michael Paonessa Absent: City Staff Present: Jill Tremblay, Deputy City Attorney; Mitchell Nabhan, Code Compliance Supervisor; Dave Williams, Code Compliance Officer; Cassandra Edney, Deputy City Clerk; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT None. APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT DANNY ORTIZ 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 3282 N. MOUNTAIN SHADOW DR., PALM SPRINGS, CALIFORNIA Code Compliance Supervisor Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Regular Meeting Minutes Administrative Appeals Board October 26, 2022 City of Palm Springs Page 2 Danny Ortiz was present and There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that with the appellant not being present for testimony they are unable to hear testimony, they must uphold the citation. MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER SINCLAIR, , CARRIED 5-0, to adopt Resolution No. 0236 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF EDNOIS HASANI FOR THE PROPERTY LOCATED AT 3282 N. MOUNTAIN SHADOW DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0395 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Danny Ortiz is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3282 N. Mountain Shadow Dr., Palm Springs and the fine of $5,000. 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT RICHARD LANGLEY 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 483 E. SANTIAGO WAY, PALM SPRINGS, CALIFORNIA Mitch Nabhan, Code Enforcement Supervisor and Code Enforcement Officer Kristie Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Richard Langley, Appellant, stated that he was unaware that it was advertised as a rental property and his partner, John Sessa, rented it without him knowing. Appellant found out via lawyer with the ticket in the mail. Mitch added information that there was not an application on file at the time of citation. There is an attachment that shows that the house was being advertised to be rented. John Sessa speaking for the appellant – he was the one that posted the rental home and Richard Langley was not aware of it. Mitch added the application was submitted October 17th and is being held due to the citation. Chair Paonessa closed the Appeal Hearing. During deliberations, the Board agreed that it will be moved to the next meeting to have time to talk to City Attorney and figure out if the owner is liable. Regular Meeting Minutes Administrative Appeals Board October 26, 2022 City of Palm Springs Page 3 Moses moving to overturn the citation. No second. Chair Paonessa moving to uphold the citation and the ban. Vice Chair Kane request to continue the hearing onto the next meeting to get a better understanding about “agency”. Moses would second the motion to postpone the hearing to next meeting. MOTION BY BOARD VICE CHAIR KANE, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 3-2, CHAIR PAONESSA AND BOARDMEMBER SINCLAIR VOTED NO. Chair Paonessa request from City Attorney to have more information at the next hearing. OTHER BUSINESS: 5. BOARD MEMBER COMMENTS AND REQUESTS Board member Moses request to go back to live/in person meetings. 6. CITY ATTORNEY’S REPORTS AND COMMENTS None. 7. 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 6:37 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ___/___/2022