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HomeMy WebLinkAbout2020-07-22 AAB Minutes City of Palm Springs Page 1 Wednesday, July 22, 2020 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 Cleary on Wednesday, July 22, 2020, at 5:30 p.m. PLEDGE OF ALLEGIANCE Chair Cleary led the Pledge of Allegiance. ROLL CALL Present: Board Members Oliver Cleary, Jocelyn Kane, Stephen Moses, Michael Paonessa, and Alternate Board Members Robert Findley and Ken Hedrick. Absent: Board Member Wayne Sinclair City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Programs Administrator; John Paul Maier, Chief Deputy City Clerk, and Anthony Mejia, City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. PUBLIC COMMENT Bruce Hoban, Vacation Rental Owners and Neighbors (VRON), voiced support for the continued enforcement of the City’s vacation rental regulations by the Administrative Appeals Board. 2. ELECTION OF AN ADMINISTRATIVE APPEALS BOARD CHAIRPERSON AND VICE CHAIRPERSON Chief Deputy City Clerk Maier provided a brief overview of the nomination and election process and asked the Board to make their nominations. Chair Cleary nominated Board Member Michael Paonessa as incoming Chair of the Board. Regular Meeting Minutes Administrative Appeals Board July 22, 2020 City of Palm Springs Page 2 MOTION BY CHAIR CLEARY, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to appoint Michael Paonessa as incoming Chair of the Administrative Appeals Board. Board Member Hedrick nominated Board Member Jocelyn Kane as incoming Vice Chair of the Board. MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to appoint Jocelyn Kane as incoming Vice Chair of the Administrative Appeals Board. APPEAL HEARING 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT BILIOS HOLDINGS LLC IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, CALIFORNIA, AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2025 E FRANCIS DRIVE, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to Board inquiries. Chair Paonessa opened the Appeal Hearing. Board Member Moses inquired to staff about the appellant’s permit status with the County. In response to Board Member Moses, Executive Program Administrator Clifford explained that the appellant filed an application with the County of Riverside, adding that no County permit was received from the applicant. Takios Bilios, Appellant, and Tiffany Davis, Property Manager, advised that she called the Desert Permit Center of the County of Riverside and was told that she could file an application; stated that she filed an application with the County and after receiving no response, she called and was told that her application was not filed; added that she submitted a second application with the County, however, she received a citation from the City shortly after her submittal. Ms. Davis noted that she paid the fine from the City; stated she was unaware of the City’s regulations; and requested the opportunity to obtain a vacation rental permit. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Moses recommended that the Board take a recess to allow for the City and the appellant to discuss an agreement of paying the fine and allowing the applicant to move forward with the application. In response to Board Member Moses, Deputy City Attorney Tremblay advised that this type of proposition of a settlement would be advisable under a City Council’s decision. Regular Meeting Minutes Administrative Appeals Board July 22, 2020 City of Palm Springs Page 3 MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK to dismiss the appeal. The Motion did not pass for a lack of consensus. Chair Paonessa provided a competing Motion: MOTION BY CHAIR PAONESSA, SECOND BY BOARD MEMBER HEDRICK, CARRIED 4-1 (BOARD MEMBER CLEARY VOTING NO), to adopt Resolution No. 0171 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BILIOS HOLDINGS LLC REGARDING THE PROPERTY LOCATED AT 2025 E FRANCIS DRIVE, PALM SPRINGS, CALIFORNIA,” upholding administrative citation AB0262 and the administrative decision that Bilios Holdings LLC is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2025 E. Francis Dr., Palm Springs and the fine of $5,000. OTHER BUSINESS: 4. APPROVAL OF MINUTES MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to approve the minutes for the Regular Meeting of February 20, 2020. 5. DISCUSSION REGARDING THE LEGALITY OF COMPLIANCE PLANS AND THE SCOPE OF BOARD DISCRETION City Attorney Jeff Ballinger provided a brief update and overview of Compliance Plans, highlighting that City Compliance Staff and the City Attorney’s Office are developing a draft Compliance Plan that will be considered for decision by the City Council. 6. BOARD MEMBER COMMENTS AND REQUESTS The Board directed staff to update the City’s website to better clarify the process on filing requirements, highlighting that the County of Riverside’s permit requirements do not satisfy the City’s permit requirements. 7. CITY ATTORNEY’S REPORTS AND COMMENTS None. 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier notified the Board that the next scheduled meeting will be held on August 26, 2020. Regular Meeting Minutes Administrative Appeals Board July 22, 2020 City of Palm Springs Page 4 ADJOURNMENT The Administrative Appeals Board meeting adjourned at 6:32 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020