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HomeMy WebLinkAbout2020-10-28 AAB Minutes City of Palm Springs Page 1 Wednesday, October 28, 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, October 28, 2020, at 5:30 p.m. ROLL CALL Present: Board Members Oliver Cleary, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick. Absent: Alternate Board Member Findley City Staff Present: Craig Hayes, Deputy City Attorney; Veronica Goedhart, Director of Special Programs Compliance; 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 None. APPEAL HEARINGS 2. APPEAL OF THE ADMINISTATIVE CITATION A6458 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 557 CALLE PALO FIERRO, PALM SPRINGS, CALIFORNIA Chair Paonessa announced his recusal on this Item, noting that he has a financial interest with the appellant. Chair Paonessa left the meeting and Alternate Board Member Hedrick was assigned to participate in the appeal hearing. Regular Meeting Minutes Administrative Appeals Board October 28, 2020 City of Palm Springs Page 2 Director of Special Programs Compliance Goedhart presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to Board inquiries. Vice Chair Kane opened the Appeal Hearing. Nancy Brown, Appellant, stated that her property was purchased to help care for her mother; highlighted that she paid for a local management company to take care of the property to ensure compliance with the City’s regulations; added that she maintained a good record for four years except for three recent violations, during the Coronavirus pandemic; presented exhibits of her guest agreement that outlined adherence to the City’s noise regulations; and urged the Board to overturn the suspension. Bruce Hoban, Vacation Rental Owners and Neighbors of Palm Springs (VRON), stated that he has seen an increase in similar types of noise violations during the Coronavirus pandemic. There being no others desiring to speak on this item, Vice Chair Kane closed the Appeal Hearing. In response to the Board inquiry, Deputy City Attorney Hayes confirmed that the Municipal Code does not provide exceptions in light of the ongoing pandemic; noted that the decision is ultimately at the Board’s discretion. Board Member Cleary voiced support to overturn the citation on the basis of the appellants’ four year record without violations, commitment to uphold the City’s requirements going forward, and lack of documented decibal readings. Board Member Moses noted that the Code Enforcement Officer was not available to testify during the appeal hearing to further substantiate the observed noise levels. MOTION BY BOARD MEMBER CLEARY, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0 (CHAIR PAONESSA RECUSED), to adopt Resolution No. 0177 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF NANCY BROWN REGARDING THE PROPERTY LOCATED AT 557 CALLE PALO FIERRO, PALM SPRINGS, CALIFORNIA,” overturning Administrative Citation A6458 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 557 Calle Palo Fierro, Palm Springs. Chair Paonessa returned to the meeting at this time. Regular Meeting Minutes Administrative Appeals Board October 28, 2020 City of Palm Springs Page 3 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT FRANCES MCLEOD; THE MCLEOD FAMILY TRUST, 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 1655 E. PALM CANYON DR, UNIT 609, PALM SPRINGS, CALIFORNIA Director of Special Programs Compliance Goedhart 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. Frances McLeod, Appellant, stated that the condo was initially purchased for family vacations; asserted that she was unaware of the City regulations for vacation rentals because her son and daughter-in-law managed the property on her behalf; opined that a warning letter should have been sent to the property owner prior to the issuance of a citation; urged the Board to exercise leniency and dismiss the $5,000 fine. In response to Board inquiry, Ms. McLeod confirmed that the Homeowners Association does not allow short-term vacation rentals. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Moses noted that the appellant violated the HOA rules and the Palm Springs Municipal Code by advertising her unit as a vacation rental without a permit. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0178 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF FRANCES MCLEOD; THE MCLEOD FAMILY TRUST REGARDING THE PROPERTY LOCATED AT 1655 E. PALM CANYON DR, UNIT 609, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Frances McLeod; McLeod Family Trust is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1655 E. Palm Canyon Dr, Unit 609, Palm Springs and the fine of $5,000. OTHER BUSINESS: 4. APPROVAL OF MINUTES MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to approve the minutes for the Regular Meeting of September 23, 2020. Regular Meeting Minutes Administrative Appeals Board October 28, 2020 City of Palm Springs Page 4 5. SCHEDULING OF A SPECIAL MEETING ON DECEMBER 2, 2020, AT 4:00 P.M. AND RECEIVE AND FILE THE ADMINISTRATIVE APPEALS BOARD REGULAR MEETING SCHEDULE FOR 2021 Chief Deputy City Clerk Maier presented the staff report. MOTION BY VICE CHAIR KANE, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to direct staff to move forward with a Special Meeting on December 2, 2020, at 4:00 p.m. and receive and file the Administrative Appeals Board Regular Meeting Schedule for 2021. 6. BOARD MEMBER COMMENTS AND REQUESTS None. 7. CITY ATTORNEY’S REPORTS AND COMMENTS None. 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier announced the next meeting would be December 2, 2020. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 6:40 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020