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HomeMy WebLinkAbout2020-12-02 AAB Minutes City of Palm Springs Page 1 Wednesday, December 2, 2020 Minutes of the Special 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 Special Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, December 2, 2020, at 4:00 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. Vice-Chair Kane arrived at 4:06 p.m. Absent: Alternate Board Member Findley City Staff Present: Craig Hayes, Deputy City Attorney; Veronica Goedhart, Director of Special Programs Compliance; Patrick Clifford, Executive Program 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 None. Special Meeting Minutes Administrative Appeals Board December 2, 2020 City of Palm Springs Page 2 APPEAL HEARINGS: 2. APPEAL OF THE ADMINISTRATIVE DECISION THAT JOHN WOLF AND ALON SHALOM 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 2505 S. TOLEDO AVENUE, PALM SPRINGS, CALIFORNIA Deputy City Attorney Denise Grimes and Code Enforcement Officer Williams 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. John Wolf and Alon Shalom, Appellants, explained that they purchased the property and utilized a third-party property manager for the property; advised that it is their desire to comply with City regulations and they were unaware the property was being listed without a permit; asserted that the City does not sufficiently educate new property owners about vacation rental regulations; urged the Board to provide leniency and overturn the citation. S. Chandler Visher, attorney representing the appellants, stated that the Board serves as the City’s hearing officer and has the discretion to exercise fairness towards the appellants. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. The Board agreed that there was sufficient evidence demonstrating illegal advertisements of their short-term vacation rental. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0183 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOHN WOLF AND ALON SHALOM REGARDING THE PROPERTY LOCATED AT 2505 S. TOLEDO AVENUE, PALM SPRINGS, CALIFORNIA” upholding the administrative decision that John Wolf and Alon Shalom are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2505 S. Toledo Avenue, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 2, 2020 City of Palm Springs Page 3 3. APPEAL OF THE ADMINISTRATIVE CITATION A6317 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1577 S. RIVERSIDE DR., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer De Avila 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. Jesus Salcedo, Appellant, stated that he provides all renters with a good neighbor packet and has appropriate signage about noise rules and fines; stressed that he takes every effort to ensure that renters are aware of the rules; urged the Board to overturn the citation, noting that he will better screen future renters. In response to Board Inquiry, Officer De Avila advised that he could hear music from the property line, noting that the use of sound meters for determining decibel levels was implemented shortly after this violation occurrence. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Chair Paonessa opined that the appellant made every effort to ensure his tenants would comply with City regulations. MOTION BY BOARD MEMBER MOSES, SECOND BY VICE-CHAIR KANE, CARRIED 5-0, to adopt Resolution No. 0181 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JESUS SALCEDO REGARDING THE PROPERTY LOCATED AT 1577 S. RIVERSIDE DR., PALM SPRINGS, CALIFORNIA,” overturning administrative citation A6317 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 1577 S. Riverside Dr., Palm Springs. MEETING RECESS The Board recessed at 5:53 p.m. and reconvened at 5:58 p.m. with all members present. Special Meeting Minutes Administrative Appeals Board December 2, 2020 City of Palm Springs Page 4 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT TAMARA BASKIN IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 5301 E. WAVERLY DR., UNIT 203, 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 inquiries. Chair Paonessa opened the Appeal Hearing. Tamara Baskin, Appellant, stated that she was unaware of the City’s regulations for vacation rentals; asserted that she received a notice one month after operating a vacation rental without a permit; stated that she was unaware that she could receive a second violation while paying for the first violation; urged the Board to overturn the citation, noting that the second notice was mailed to an incorrect address. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of discussion, the Board agreed that the first notice included instructions that the vacation rental must cease operations immediately and continued operations would be subject to increased penalties. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0179 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF TAMARA BASKIN FOR THE PROPERTY LOCATED AT 5301 E. WAVERLY DR., UNIT 203, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Tamara Baskin is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 5301 E. Waverly Dr., Unit 203, Palm Springs and the fine of $10,000. Special Meeting Minutes Administrative Appeals Board December 2, 2020 City of Palm Springs Page 5 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT PEGGY ORTIZ AND JOHN NABOURS 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 2700 E. MESQUITE AVE., UNIT C16, 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 inquiries. Chair Paonessa opened the Appeal Hearing. John Nabours, Appellant, stated that he was unaware of the City’s regulations for vacation rentals and expressed his remorse; recommended that the City issue a warning notice prior to taking enforcement actions; urged the Board to overturn the citation, noting that he and his partner are unemployed due to the impacts of COVID-19 pandemic. 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. 0180 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF PEGGY ORTIZ AND JOHN NABOURS FOR THE PROPERTY LOCATED AT 2700 E. MESQUITE AVE., UNIT C16, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Peggy Ortiz and John Nabours are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2700 E. Mesquite Ave., Unit C16, Palm Springs and the fine of $5,000. 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT RAYMOND WHITE 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 1655 E. PALM CANYON DR., UNIT 103, PALM SPRINGS, CALIFORNIA At the request of the appellant, and without objection from staff, the Board continued the appeal hearing to a date uncertain. Special Meeting Minutes Administrative Appeals Board December 2, 2020 City of Palm Springs Page 6 OTHER BUSINESS: 7. APPROVAL OF MINUTES MOTION BY BOARD MEMBER MOSES, SECOND BY BOARDMEMBER SINCLAIR, CARRIED 5-0, to approve the minutes of the Regular Meeting of October 28, 2021. 8. BOARD MEMBER COMMENTS AND REQUESTS Vice-Chair Kane requested staff to provide a presentation related to decibel readings' criteria and process when code enforcement officers deliver citations for noise control. 9. CITY ATTORNEY’S REPORTS AND COMMENTS None. 10. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier requested and the Board agreed to schedule a Special Meeting for January 11, 2021, to consider an appeal related to a citation issued for violation of COVID-19 Emergency Orders. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:12 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020