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HomeMy WebLinkAbout2021-07-28 AAB Minutes City of Palm Springs Page 1 Wednesday, July 28, 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, July 28, 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 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 By consensus, the Board accepted the Agenda as presented. 2. ELECTION OF THE ADMINISTRATIVE APPEALS BOARD CHAIRPERSON AND VICE CHAIRPERSON City Clerk Mejia opened the floor for nominations for the office of Chair and Vice Chair. Board Member Sinclair nominated Michael Paonessa for the office of Chair. Board Member Moses nominated Jocelyn Kane to the office of Vice Chair. By unanimous consent, the Board elected Michael Paonessa and Jocelyn Kane to the offices of Chair and Vice Chair, respectively. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to accept the election results with Michael Paonessa elected to the office of Chair and Jocelyn Kane elected to the office of Vice Chair. 3. PUBLIC COMMENT None. Regular Meeting Minutes Administrative Appeals Board July 28, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 4. 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 Denise Hansen, Prosecution Counsel, and Code Enforcement Officers Arwel Bermudo, Roberto De Avila, and Mitchell Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Charles Koller, attorney representing the appellant, noted that he submitted an “Appellant’s Memorandum of Points and Authorities in Support of the Appeal” and summarized the contents contained within. A hard copy of the declaration is on file with the City Clerk. Mr. Koller further reviewed the circumstances related to each of the citations, urging that the Board overturn the citations. Ms. Hansen summarized the city’s position that the violations occurred and should be upheld; asserted that the explanations offered by the appellant do not correlate with the evidence submitted by the City. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that the violations occurred but that the fine amounts should be reduced. Chair Paonessa recommended that the fine amounts be reduced to $1,000 for the first citation, $5,000 for the second violation, and $10,000 for the third violation. MOTION BY CHAIR PAONESSA, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to adopt Resolution No. 0199 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF LARRY JAMES BITONTI, REGARDING THE PROPERTY LOCATED AT 555 S PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA,” to: 1. Uphold Administrative Citation No. B7882 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs, and the fine amount of $1000, as determined by the Board. 2. Uphold Administrative Citation No. B7710 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs, and the fine of $5,000, as determined by the Board. Regular Meeting Minutes Administrative Appeals Board July 28, 2021 City of Palm Springs Page 3 3. Uphold administrative citation No. PD18056 issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111, Palm Springs, and the fine of $10,000, as determined by the Board. 5. APPEALS OF THE ADMINISTATIVE CITATION A6629, A6630 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 Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. John Turner, Attorney representing Alissa Bordeaux and Elizabeth Lane (vacation rental guests), reported that Mr. Salcedo took special care to inform the guests of the regulations related to music; noted that the property owner provides a good neighbor brochure and signage indoors and on the patio; advised that the guest were playing music indoors and did not realize that it was audible ouside; pointed out that the Code Enforcment’s decibel readings were in the low 50s range; asserted that the Code Officer may have observed the music while on the property rather than at the property line. Jesus Salcedo, Appellant, reviewed his efforts to inform guests of the City’s regulations; pointed out that he installed an outdoor noise monitoring system with alerts for decibel levels over 50, noting that he received no notification on the date of the alleged violation; advised that he has attempted to work cooperatively with his neighbors and encouraged them to contact him with any nusiances for immediate remedy; urged the Board to overturn the citation. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred and that the Municipal Code does not establish a minimum decibel level but instead states that no amplified sound may be audible from the property line. MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0, to adopt Resolution No. 0200 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ALISSA BORDEAUX, ELIZABETH LANE AND JESUS SALCEDO REGARDING THE PROPERTY LOCATED AT 1577 S. RIVERSIDE DR., PALM SPRINGS, CALIFORNIA,” upholding Administrative Citation A6630 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. 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT JARED REICHERT AND ADAM ZWEIG ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE Regular Meeting Minutes Administrative Appeals Board July 28, 2021 City of Palm Springs Page 4 OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1790 S. ARABY DR., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Willaims presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Adam Zweig & Jared Reichert, Appellants, statetd that the purchased the property primarily for their personal use, but determined to proceed with a vacation rental due their primary residences being in New York City; admitted that they did not conduct due diligence in researching the City regulations nor did they read their HOA regulations prohibiting short term vacation rentals; urged the Board to reduce the fine and overturn their permanent ineiligibility to operate a vacation rental. City Clerk Mejia pointed out to the appellants that the Board does not have the authority to reduce the fine and instead the Board must determine whether the uphold or overturn the citation; noted that if the Board upholds the citation the appellants will forfeit their appeal fee and the citation fine will be imposed; questioned, and received clarification, that the appellants want to proceed with a Board determination and declined to withdraw their appeal. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed noted that the appellant admitted to the violation and the Board must uphold the citation. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0201 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JARED REICHERT FOR THE PROPERTY LOCATED AT 1790 S. ARABY DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0297 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Jared Reichert and Adam Zweig are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1790 S. Araby Dr., Palm Springs, and the fine of $5,000. OTHER BUSINESS: 7. BOARD MEMBER COMMENTS AND REQUESTS None. 8. CITY ATTORNEY’S REPORTS AND COMMENTS None. Regular Meeting Minutes Administrative Appeals Board July 28, 2021 City of Palm Springs Page 5 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 7:40 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 08/25/2021