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Home My WebLink About2020-09-23 AAB Minutes City of Palm Springs Page 1 Wednesday, September 23, 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 Paonessa on Wednesday, September 23, 2020, at 5:34 p.m. PLEDGE OF ALLEGIANCE Chair Paonessa led the Pledge of Allegiance. ROLL CALL Present: Board Members Oliver Cleary, Stephen Moses, Wayne Sinclair, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick. Absent: Vice Chair Jocelyn Kane and Alternate Board Member Findley City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Programs Administrator; David Williams, Code Compliance Officer; 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 Owner and Neighbors of Palm Springs (VRON), spoke on the number of noise violations cited during the COVID-19 pandemic. Regular Meeting Minutes Administrative Appeals Board September 23, 2020 City of Palm Springs Page 2 APPEAL HEARINGS 2. APPEAL OF THE ADMINISTRATIVE CITATION A6139 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1566 LORENA WAY, 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. Patrick Smith and Michael Malenitza, Appellants, stated that he provides each guest with the City’s regulations for vacation rentals, including rules on amplified music; presented a document entitled “Noise Agreement and House Rules Adherence” outlining that guest will be evicted immediately for noise violations; apologized for the actions of past guests and urged the Board to overturn the suspension. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. In response to Board inquiry, Administrator Clifford confirmed that the previous citations were issued for failure to obtain an ID from the responsible renter and a noise violation. The Board discussed and agreed that the suspension should be overturned in light that the first citation was a minor violation. MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER CLEARY, CARRIED 5-0, to adopt Resolution No. 0174 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF PATRICK SMITH AND MICHAEL MALENITZA REGARDING THE PROPERTY LOCATED AT 1566 LORENA WAY, PALM SPRINGS, CALIFORNIA,” overturning Administrative Citation A6139 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 1566 Lorena Way, Palm Springs. Regular Meeting Minutes Administrative Appeals Board September 23, 2020 City of Palm Springs Page 3 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT SCOTT FRISCH 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 1411 N SUNRISE WAY, UNIT 16, 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. Scott Frisch, Appellant, noted that he previously had a vacation rental permit with the City; stated that the VRBO website defaulted his rental calendar to allow for rentals less than 28 days; acknowledged that he responded to rental inquiries, pointing out that no guests stayed for less than 28 days. In response to Board inquiry, Mr. Frisch stated that he believed that advertising was allowed and that if he desired to move forward with a short-term vacation rental, he would need to obtain a new permit. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY BOARD MEMBER SINCLAIR, SECOND BY BOARD MEMBER HEDRICK, CARRIED 4-1 (BOARD MEMBER CLEARY VOTING NO), to adopt Resolution No. 0175 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SCOTT FRISCH REGARDING THE PROPERTY LOCATED AT 1411 N SUNRISE WAY, UNIT 16, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Scott Frisch is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1411 N Sunrise Way, Unit 16, Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board September 23, 2020 City of Palm Springs Page 4 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT MALIK JABEIR AND CITLALLI JABEIR 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 2809 N LOS FELICES, UNIT 106, PALM SPRINGS, CALIFORNIA Code Compliance Officer David Williams presented the staff report, summarized his investigatory methods and issuance of the citation, and responded to Board inquiries. Chair Paonessa opened the Appeal Hearing. Malik Jabier and Citlalli Jabeir, Appellants, stated that their real estate agent and Homeowners Association did not indicate that a permit was needed to operate a vacation rental; acknowledged that the property was advertised online but that due to the COVID-19 pandemic, no rentals took place; pointed out that no warning was issued by the City prior to receiving the citation; urged the Board to overturn the $5,000 fine, pointing out that the property has been sold. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0176 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MALIK JABEIR AND CITLALLI JABIER REGARDING THE PROPERTY LOCATED AT 2809 N. LOS FELICES, UNIT 106, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Malik Jabeir and Citlalli Jabeir are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2809 N. Los Felices, Unit 106, Palm Springs and the fine of $5,000. OTHER BUSINESS: 5. 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 August 26, 2020. 6. BOARD MEMBER COMMENTS AND REQUESTS In response to Board inquiry, Deputy City Attorney Tremblay advised that the Board overturned Citation A6139 as the property owner did not appeal his first two citations. Discussion ensued regarding whether the Board intended to overturn the citation for failure to obtain an ID from the responsible renter. Ms. Tremblay advised that she will confirm with the City Attorney whether the Board can consider all citations when considering suspension cases. Regular Meeting Minutes Administrative Appeals Board September 23, 2020 City of Palm Springs Page 5 7. CITY ATTORNEY’S REPORTS AND COMMENTS Deputy City Tremblay advised that she is waiting for an update from the City Attorney regarding the status Compliance Plan. Executive Program Administrator Clifford noted that the City website now contains clarifying information about the County of Riverside’s vacation rental permit requirements. 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier announced the next meeting would be October 28, 2020. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:45 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020