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HomeMy WebLinkAbout2021-05-26 AAB Minutes City of Palm Springs Page 1 Wednesday, May 26, 2021 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, May 26, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses*, Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick *Board Member Moses arrived at 6:00 p.m. Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Denise Hansen, Prosecution Counsel, Patrick Clifford, Executive Program Administrator; and Anthony Mejia, City Clerk. 1. ACCEPTANCE OF THE AGENDA MOTION BY BOARD MEMBER SINCLAIR, SECOND BY VICE CHAIR KANE, CARRIED 5-0, to the Board accepted the Agenda, with Item Nos. 3 and 5 removed from the agenda. 2. PUBLIC COMMENT Paul Marriot, requested that the Board recommend to the City Council adjust vacation rental permit fees on a sliding scale based on the size of the rental. Regular Meeting Minutes Administrative Appeals Board May 26, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE CITATION B7882 AND $5,000 FINE, ADMINISTRATIVE CITATION B7710 AND $10,000 FINE, AND ADMINISTRATIVE CITATION PD18056 AND $25,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE PROPERTY LOCATED AT 555 S PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA The Administrative Appeals Board agreed to continue the appeal hearing to June 23, 2021, at the request of the appellant. 4. APPEAL OF THE ADMINISTATIVE CITATION A6608 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 679 E. PALO VERDE AVE., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. MEETING RECESS: City Clerk Mejia announced that Board Member Hedrick has disconnected from the meeting and requested a brief recess at 5:52 p.m. The Board reconvened at 5:57 p.m. with all members present. Board Member Hedrick advised that he observed the totality of the appeal hearing and is ready to proceed. Chair Paonessa opened the Appeal Hearing. Byron Knight, Appellant, spoke on his efforts to inform guests about the City’s rules and consequences for vacation rentals; advised that security cameras and noise monitoring sensors are installed throughout the property; summarized the rental and citation history for the subject property; explained that the noise monitoring system did not read any significant sounds on the date of citation. In response to Board inquiry, Mr. Knight stated that his understanding was the Code Officer did not hear music from the front of the property, but only when the adjacent property allowed access to their backyard did he hear music. Jeff Pierce, urged the Board to uphold the citation; advised that he has been disturb by guest at this property on several occasions; opined that the property owner is not taking appropriate care to screen guests and to monitor their property; Kristin Olson, Property Manager, advised that she conducts a thorough in-person check-in process ensuring guests are informed of the rules; stated that if the neighbor would have contacted her as requested about any complaints, she would have caused the disturbance to cease immediately. Regular Meeting Minutes Administrative Appeals Board May 26, 2021 City of Palm Springs Page 3 Nancy Sadler, explained that she lives on the same street and has discussed the disturbances caused by the subject property with her neighbors; stated that noise over a backyard fence can be disturbing even if it cannot be heard from the front of the property. Mike, urged the Board to uphold the citation; noted that more than one neighbor has complained about the property and two citations have been issued for noise issues. Joan Martin, voiced concern that unattended vacation rentals tend to be party houses and nusiances to neighbors; urged the Board to uphold the citation. Steve, urged the Board to uphold the citation and suspension; pointed out that the shape of the home is similar to an amptheater causing sound to spill over the fence and onto Ocotillo Avenue. Anna Factor, advised that she is an adjacent neighbor and has been impacted by noise from the subject property in the past; noted that the previous owner removed the backyard plants and added concrete to the pool area causing sound to escape the property. Byron Knight, stated that this is the first time he has heard from these neighbors and he did not realize a wide group of people are upset and against vacation rentals. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Basile pointed out that it is not the responsibility of adjacent neighbors to notify issues to the property owner; opined that it is the property owner’s responsility to monitor guests’ activities and to prevent disturbances. MOTION BY BOARD MEMBER SINCLAIR, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to adopt Resolution No. 0196 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BYRON KNIGHT REGARDING THE PROPERTY LOCATED AT 679 E. PALO VERDE AVE., PALM SPRINGS, CALIFORNIA,” upholding administrative citation A6608 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 679 E. Palo Verde Ave., Palm Springs.. 5. 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 The Administrative Appeals Board agreed to continue the appeal hearing to June 23, 2021, at the request of the appellant. Regular Meeting Minutes Administrative Appeals Board May 26, 2021 City of Palm Springs Page 4 OTHER BUSINESS: 6. APPROVAL OF MINUTES: By consensus, the Board approved the Regular Meeting minutes of April 28, 2021. 7. BOARD MEMBER COMMENTS AND REQUESTS The Board requested that staff not disclose the exact song played during their investigation of noise complaints. 8. CITY ATTORNEY’S REPORTS AND COMMENTS None. 9. CITY CLERK’S REPORTS AND FUTURE MEETING DATES City Clerk Mejia provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 6:40 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 08/25/2021