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Home My WebLink About2021-10-27 AAB Minutes City of Palm Springs Page 1 Wednesday, October 27, 2021 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Assembly Bill (AB) 361, 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 27, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, and Chair Michael Paonessa; Alternate Board Member Ken Hedrick Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT Bruce Hoban, resident, provided an update on litigation concerning the City’s Short-Term Vacation Rental Ordinance; suggested the Board request a notice to be mailed to every homeowner informing them of the Ordinance. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 3. APPEAL OF THE DECISION THAT GONZALO TOLEDO IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE CITATIONS OF AB0316 AND AB0330 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2660 N. FARRELL DR., PALM SPRINGS, CALIFORNIA. Special Programs Director Goedhart and Code Enforcement Officer Wade 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. Manny Toledo, Owner’s son, stated that he listed the home as a vacation rental to help his father through a financial hardship and was not aware of the City Ordinance until he received the citation; requested an opportunity to achieve compliance; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No.0209 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF GONZALO TOLEDO FOR THE PROPERTY LOCATED AT 2660 N. FARRELL DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATIONS AB0316, AB0330 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Gonzalo Toledo is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2660 N. Farrell Drive, Palm Springs. 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT ASMIK GRIGORIAN 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 5300 E. WAVERLY DR., UNIT E6, PALM SPRINGS, CALIFORNIA Special Programs Director Goedhart and Code Enforcement Officer Wade 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. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 3 Silvia Grigorian, Appellant’s niece, stated that she rented out the home to help the appellant through a financial hardship and was unaware that the homeowners association does not allow vacation rentals, nor was she aware of the City’s Ordinance; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER BASILE, SECOND BY BOARD MEMBER MOSES, CARRIED 5-0, to adopt Resolution No.0210 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASMIK GRIGORIAN FOR THE PROPERTY LOCATED AT 5300 E. WAVERLY DR., Unit E6, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0320 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Asmik Grigorian is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 5300 E Waverly Dr., Palm Springs, and the administrative fine of $5,000. 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT ISAAC SILVERMAN 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 2246 N. INDIAN CANYON DR., UNIT D, PALM SPRINGS, CALIFORNIA Special Programs Director Goedhart and Code Enforcement Officer Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened and closed the Appeal Hearing, there being no one desiring to speak. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0 to adopt Resolution No. 0211 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ISAAC SILVERMAN FOR THE PROPERTY LOCATED AT 2246 N. INDIAN CANYON DR., UNIT D, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0327 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Isaac Silverman is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2246 N. Indian Canyon Dr., Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 4 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT KRISTA TURKOLU-RAY 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 1111 E. PALM CANYON DR. #224, PALM SPRINGS, CALIFORNIA Board Member Sinclair announced that he needed to leave the meeting early. The Board agreed that Alternate Member Hedrick would participate as a voting member for the remainder of the meeting. Special Programs Director Goedhart and Code Enforcement Officer Smith 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. Krista Turkolu Ray, Appellant, stated that she was unaware of the City’s regulations and attempted to register the property immediately upon learning of the requirements; responded to Board inquiries. 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 citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0212 entitled “ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KRISTA TURKOLU-RAY FOR THE PROPERTY LOCATED AT 1111 E. PALM CANYON DR. #224, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0329 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.,” upholding the administrative decision that Krista Turkolu is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1111 E. Palm Canyon Dr., Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board October 27, 2021 City of Palm Springs Page 5 OTHER BUSINESS: 7. APPROVAL OF MINUTES MOTION BY BOARD MEMBER MOSES, SECOND BY CHAIR PAONESSA, CARRIED 5-0, to approve the Regular Meeting minutes of September 22, 2021. 8. CONSIDERATION OF SUBMITTING PRIORITIES/AREAS OF FOCUS FOR THE CITY COUNCIL VISIONING SESSION Chair Paonessa reported on the subcommittee’s recommendation to the City Council concerning areas of focus for the City Council visioning session. Following discussion, MOTION BY BOARD MEMBER MOSES, SECOND BY CHAIR PAONESSA, CARRIED 5-0, to approve the subcommittee recommendation as presented. 9. BOARD MEMBER COMMENTS AND REQUESTS The Board requested staff agendize discussion of issuing a Citywide mailer concerning the City’s Vacation Rental Ordinance. 10. CITY ATTORNEY’S REPORTS AND COMMENTS None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Lomeli provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:20 p.m. Respectfully submitted, Monique M. Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/____