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HomeMy WebLinkAbout2021-01-11 AAB Minutes City of Palm Springs Page 1 Monday, January 11, 2021 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 Monday, January 11, 2021, 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. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitch Nabhan, Code Compliance Officer; and John Paul Maier, Chief Deputy 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 ADMINISTRATIVE CITATION B7578 AND $5,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE BUSINESS LOCATED AT 330 N. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA The Appeal was continued to a date uncertain per a continuance request by the Appellant. 3. APPEAL OF THE ADMINISTATIVE CITATION A6566 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2392 N. SAN CLEMENTE RD., 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. Special Meeting Minutes Administrative Appeals Board January 11, 2021 City of Palm Springs Page 2 Chair Paonessa opened the Appeal Hearing. James Michael Clark, Appellant, stated that they perform background checks and require occupants to sign a contract that includes acknowledgement of the City’s noise regulations; noted that their rental does have posted signs of noise level and music restrictions; claimed that violations at their property started since the COVID-19 pandemic and asked the Board to offer leniancy for their decision. Chair Paonessa asked for clarification of noise decimals and Officer Nabhan stated that the Code Officers take readings at the edge of the property. Officer Nabhan explained that the second citation was heard and identified being played in the backyard; noted noise readings were taken for both citations; added that the third citation had a noise measurement of 55 decibels. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. The Board agreed that the home owner exhausted all resources of enforcement to their renters in regard to the rules and regulations of the Ordinance. MOTION BY BOARD MEMBER MOSES to sustain the sanction and not to overturn this citation. Board Member Moses added that it is not the Board’s role to be fair but to administer the Ordinance. The motion died due to a lack of a second. MOTION BY VICE CHAIR KANE, SECOND BY BOARD MEMBER CLEARY, CARRIED 5-0, to adopt Resolution No. 0182 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF OLA AND GARY STEENHAGEN REGARDING THE PROPERTY LOCATED AT 2392 N. SAN CELEMETE RD., PALM SPRINGS, CALIFORNIA,” overturning the administrative citation A6566 and the administrative decision of a two-year suspension of the Vacational Rental Registration Certificate for the property located at 2392 N. San Clemente Rd., Palm Springs. OTHER BUSINESS: 4. DISCUSSION REGARDING NOTIFICATIONS TO VACATION RENTAL OPERATORS, RECOMENDATIONS TO THE CITY COUNCIL REGARDING COVID-19 ORDERS, PENALTIES, AND SCOPE OF BOARD DISCRETION By consensus, the Board recommends that the City Council authorize the Administrative Appeals Board the authority to dismiss a third strike against a property owner for noise citations received between June-September 2020. The Board noted that guests appear to have been unruly as a result of the COVID-19 stay at home orders, pointing out that guests should still be responsible for the citations issued directly to them. 5. BOARD MEMBER COMMENTS AND REQUESTS Special Meeting Minutes Administrative Appeals Board January 11, 2021 City of Palm Springs Page 3 Vice Chair Kane requested additional information regarding the continuance of the appeal for La Bonita’s, Item 2. Chief Deputy City Clerk Maier provided the Board with an update on the rescheduling of the appeal and stated that there are a few additional COVID violation appeals that the Board will be hearing in the future. 6. CITY ATTORNEY’S REPORTS AND COMMENTS Deputy City Attorney Tremblay provided an update on the litigation case of Protect Our Neighborhoods vs. City of Palm Springs and encouraged the Board to refrain from apologizing and adding personal viewpoints when making a decision as a Board. 7. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier announced that the next meeting would be held on January 27, 2021, and announced the recent resignation of Alternate Boardmember Robert Findley. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:00 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2021