The URL can be used to link to this page

Home My WebLink About2020-02-12 AAB Minutes City of Palm Springs Page 1 Wednesday, February 20, 2020 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 Cleary on Wednesday, February 12, 2020, at 10:01 a.m., in the Large Conference Room, located at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. PLEDGE OF ALLEGIANCE Chair Cleary led the Pledge of Allegiance. ROLL CALL Present: Board Members Oliver Cleary, Jocelyn Kane, Stephen Moses, Michael Paonessa, and Wayne Sinclair; Alternate Board Member Robert Findley and Ken Hedrick. Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Programs Administrator; and Anthony Mejia, City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT Bruce Hoban, Vacation Rental Owners and Neighbors (VRON), voiced support for the continued enforcement of the City’s vacation rental regulations; noted that publications such as the New York Times, Los Angeles Times, and Desert Sun have highlighted the City’s strict enforcement of said regulations. John McCoy, Vacation Rental Owners and Neighbors (VRON), voiced opposition to providing compliance plans for vacation rental violations; noted that new homeowners are required to execute an acknowledgement regarding the City’s vacation rental regulations. Regular Meeting Minutes Administrative Appeals Board February 12, 2020 City of Palm Springs Page 2 APPEAL HEARINGS 3. APPEAL OF THE ADMINISTATIVE CITATION A6103 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2631 CHUPEROSA RD, PALM SPRINGS, CALIFORNIA (KIRK) Executive Program Administrator Clifford presented the staff report; summarized staff’s investigatory methods and issuance of the citation; responded to Board inquiries. Chair Cleary opened the Appeal Hearing. Christopher Kirk, Appellant, and Jonathan McMahon, Attorney, asserted that his neighbor is opposed to vacation rentals and frequently reports minor issues or makes false allegations against his property; stated that he has made a diligent effort to address his neighbor’s concerns; opined that the City has an obligation to protect the homeowner and guests from false reporting and urged the board to remove the suspension. There being no others desiring to speak on this item, Chair Cleary closed the Appeal Hearing. In response to Board inquiries, Mr. Clifford advised that decibel readings are not required under the Municipal Code, noting that a citation may be issued if noise is detectable from the property line. Vice-Chair Paonessa voiced concern regarding the proposed suspension, citing that the appellant’s testimony and City’s evidence suggests that the neighbor made multiple complaints which were determined to be unfounded. MOTION BY BOARD MEMBER KANE, SECOND BY BOARD MEMBER MOSES, CARRIED 4-1 (VICE-CHAIR PAONESSA VOTING NO), to adopt Resolution No. 0168 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF CHRISTOPHER KIRK REGARDING THE PROPERTY LOCATED AT 2631 CHUPEROSA RD, PALM SPRINGS, CALIFORNIA,” upholding administrative citation A6103 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 2631 Chuperosa Road, Palm Springs, California. Regular Meeting Minutes Administrative Appeals Board February 12, 2020 City of Palm Springs Page 3 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT KIMBERLY PAGANO AND LUIS PAGANO 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 2360 MIRAMONTE CIRCLE WEST, UNIT C, PALM SPRINGS, CALIFORNIA (PAGANO) Executive Program Administrator Clifford presented the staff report; summarized staff’s investigatory methods and issuance of the citation; responded to Board inquiries. Chair Cleary opened the Appeal Hearing. Luis Pagano, Appellant, discussed his experience with Oranj Palm, the company that rented and managed his home; asserted that he experienced difficulties with the company and theft from guests, and that he terminated his agreement with the company; added that after the termination, his wife created an advertisement for his home; advised that while he was on vacation, his son responded to a requestor, wishing to stay at their home but further noted that no guest stayed during that time; voiced objection to the citation, because no guest stayed during the time of the request. There being no others desiring to speak on this item, Chair Cleary closed the Appeal Hearing. In response to a Board inquiry, Deputy City Attorney Tremblay stated that any advertisement for a rental property without a permit is a violation. MOTION BY VICE-CHAIR PAONESSA, SECOND BY BOARD MEMBER KANE, MOTION FAILS 2-3 (CHAIR CLEARY, BOARD MEMBERS SINCLAIR AND MOSES VOTING NO), to uphold the administrative decision that Kimberly Pagano and Luis Pagano are permanently ineligible to operate a vacation rental in the City of Palm Springs, California, including the property located at 2360 Miramonte Circle West, Unit C, Palm Springs, California. MOTION BY CHAIR CLEARY, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 3-2 (VICE-CHAIR PAONESSA AND BOARD MEMBER KANE VOTING NO) to adopt Resolution No. 0168 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KIMBERLY PAGANO AND LUIS PAGANO REGARDING THE PROPERTY LOCATED AT 2360 MIRAMONTE CIRCLE WEST, UNIT C, PALM SPRINGS, CALIFORNIA,” overturning the administrative decision that Kimberly Pagano and Luis Pagano are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2360 Miramonte Circle West, Unit C, Palm Springs, California, and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board February 12, 2020 City of Palm Springs Page 4 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT JACARANDA ROAD REALTY 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 2667 E JACARANDA RD, PALM SPRINGS, CALIFORNIA (TOMLINSON) City Clerk Mejia summarized the efforts to provide the appellant with notice of the scheduled Appeal Hearing, noting that the appellant has failed to appear. Executive Program Administrator Clifford further added that the property sold in 2019; noted that his office has sent e-mails to the appellant, notifying Ms. Tomlinson that the citation is still effective. Chair Cleary opened and closed the Appeal Hearing, there being no one desiring to speak. MOTION BY BOARD MEMBER KANE, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0169 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOAN MCDONALD TOMLINSON REGARDING THE PROPERTY LOCATED AT 2667 E JACARANDA RD, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Joan McDonald Tomlinson is permanently ineligible to operate a vacation rental in the City of Palm Springs, California, including the property located at 2667 E. Jacaranda Rd, Palm Springs, California, and the fine of $5,000. OTHER BUSINESS: 6. APPROVAL OF MINUTES MOTION BY VICE-CHAIR PAONESSA, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to approve the minutes for the Regular Meetings of December 11, 2019, and January 8, 2020. 7. ADOPT A RESOLUTION ENTITLED “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RULES OF PROCEDURE, AND RESCINDING RESOLUTION NO. 0139” City Clerk Mejia presented the staff report. Following discussion, the Board agreed to set its regular meeting schedule to be the fourth Wednesday of each month at 5:30 p.m. and approved all recommended modifications to the Rules of Procedure. MOTION BY VICE-CHAIR PAONESSA, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0170 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RULES OF PROCEDURE, AND RESCINDING RESOLUTION NO. 0139.” Regular Meeting Minutes Administrative Appeals Board February 12, 2020 City of Palm Springs Page 5 8. DISCUSSION REGARDING THE LEGALITY OF COMPLIANCE PLANS AND THE SCOPE OF BOARD DISCRETION The Board requested that staff provide an update on the next agenda regarding compliance plans. 9. BOARD MEMBER COMMENTS AND REQUESTS None. 10. CITY ATTORNEY’S REPORTS AND COMMENTS None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES City Clerk Mejia notified the Board that a schedule of meeting dates and times will be sent to the members, including the next meeting date. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 12:07 p.m. Respectfully submitted, ________________________ John Paul Maier Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020