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HomeMy WebLinkAboutItem 10 - MinutesWednesday, May 22, 2024 Minutes of the Regular Meeting of the Administrative Appeals Board 1.CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Sinclair on Wednesday, May 22, 2024, at 5:35 p.m. 2.ROLL CALL Present: Board Members Patrick Basile, Vice Chair David Parker, and Chair Wayne Sinclair Absent: Board Member Jocelyn Kane City Staff Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Jason Whittaker, Code Compliance Officer; Jacob Gonzalez, Code Compliance Officer; Brent Rasi, Deputy City Clerk; Evelyn Beltran, Chief Deputy City Clerk. 3.ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER BASILE, SECOND BY VICE CHAIR PARKER, CARRIED 3-0 PUBLIC COMMENT: None APPEAL HEARINGS: 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT JACE BORBA 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 HOMESHARE PROPERTY LOCATED AT 4018 E. PASEO LUISA, PALM SPRINGS, CALIFORNIA. MOTION BY VICE CHAIR PARKER, SECOND BY BOARDMEMBER BASILE, CARRIED 3-0 to UPHOLD and adopt Resolution No. 0298 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JACE BORBA, FOR THE PROPERTY LOCATED AT 4018 E. PASEO LUISA, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0664 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” Item 10 - Page 1 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT MAXIMUS FUMINAYA 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 HOMESHARE PROPERTY LOCATED AT 3982 EASTGATE RD., PALM SPRINGS, CALIFORNIA MOTION BY BOARD MEMBER BASILE, SECOND BY VICE CHAIR PARKER, CARRIED 3-0 to UPHOLD and adopt a Resolution No. 0299 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MAXIMUS FUMINAYA, FOR THE PROPERTY LOCATED AT 3982 EASTGATE RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0673 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT OLIVER GUAN LI, IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINES OF $5,000 AND $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2240 N. SAN GORGONIO RD., PALM SPRINGS, CALIFORNIA. MOTION BY VICE CHAIR PARKER, SECOND BY BOARDMEMBER BASILE, CARRIED 3-0 to UPHOLD and adopt a Resolution No. 0300 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF OLIVER GUAN LI, FOR THE PROPERTY LOCATED AT 2240 N. SAN GORGONIO RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0583 ISSUED IN THE AMOUNT OF $5,000, ADMINITSTRATIVE CITATION AB0679 ISSUED IN THE AMOUNT OF $10,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 7. APPEAL OF THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2,500.00 TO ANNA DISTEFANO AND NICHOLAS ROLSTON FOR THE PROPERTY LOCATED AT 500 S. FARRELL DR. P96, PALM SPRINGS, CALIFORNIA. WITHDREW PRIOR TO THE START OF THE MEETING. *RECESS BREAK FROM 6:55 PM TO 7:03 PM* Item 10 - Page 2 8. APPEAL OF THE ADMINISTRATIVE DECISION THAT DENMARK MANANSALA 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 2292 E. BELLAMY RD., PALM SPRINGS, CALIFORNIA. RESCHEDULED DUE TO TECHNICAL DIFFICULTIES TO THE JUNE MEETING. OTHER BUSINESS: 9. BOARD MEMBER COMMENTS AND REQUESTS: Vice Chair Parker stated they were working on the Amended code and will bring back at a later date. 10. CITY ATTORNEY’S REPORTS AND COMMENTS: None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:10 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ____/____/_____ Item 10 - Page 3 Wednesday, June 26, 2024 Minutes of the Regular Meeting of the Administrative Appeals Board 1. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Sinclair on Wednesday, June 26, 2024, at 5:30 p.m. 2. ROLL CALL Present: Board Members Patrick Basile, Steve Hermann, Jocelyn Kane, Vice Chair David Parker, and Chair Wayne Sinclair Absent: None City Staff Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Jonathan Ingram Code Compliance Officer; Jacob Gonzalez, Code Compliance Officer; Cassandra Edney, Deputy City Clerk. 3. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER BASILE, SECOND BY BOARD MEMBER HERMANN, CARRIED 5-0 PUBLIC COMMENT: None APPEAL HEARINGS: 4. APPEAL OF THE ADMINISTATIVE CITATION A7900 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 400 W. CAMINO ALTURAS, PALM SPRINGS, CALIFORNIA. MOTION BY BOARD MEMBER KANE, SECOND BY CHAIR SINCLAIR, CARRIED 5-0 to UPHOLD and adopt Resolution No. 0301 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF PABLO FLORES FOR THE PROPERTY LOCATED AT 400 W. CAMINO ALTURAS, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A7900 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4990.” Item 10 - Page 4 5. APPEAL OF THE ADMINISTATIVE CITATION A7983 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2311 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA. APPELLANT WITHDREW THEIR APPEAL PRIOR TO THE START OF THE MEETING. 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT ASHKAN MOHAJERIN, IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINES OF $5,000, $10,000, AND $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 775 E. VISTA CHINO #2, PALM SPRINGS, CALIFORNIA. MOTION BY BOARD MEMBER BASEILE, SECOND BY BOARDMEMBER KANE, CARRIED 4-1 (CHAIR SINCLAIR NO) to UPHOLD and adopt a Resolution No. 0304 entitled, “RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775 E. VISTA CHINO #2, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0669 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS” MOTION BY BOARD MEMBER BASEILE, SECOND BY BOARDMEMBER KANE, CARRIED 4-1 (CHAIR SINCLAIR NO) to OVERTURN and adopt Resolution No. 0303 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775 E. VISTA CHINO #2, PALM SPRINGS, CALIFORNIA REGARDING ADMINITSTRATIVE CITATION AB0557 ISSUED IN THE AMOUNT OF $10,000, AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” MOTION BY BOARD MEMBER BASEILE, SECOND BY BOARDMEMBER KANE, CARRIED 4-1 (CHAIR SINCLAIR NO) to OVERTURN and adopt Resolution No. 0302 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775 E. Vista Chino #2, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0423 ISSUED IN THE AMOUNT OF $5,000, AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” Item 10 - Page 5 7. APPEAL OF THE ADMINISTRATIVE DECISION THAT DENMARK MANANSALA 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 2292 E. BELLAMY RD., PALM SPRINGS, CALIFORNIA. MOTION BY BOARD MEMBER BASEILE, SECOND BY VICE CHAIR PARKER, CARRIED 5-0 to UPHOLD and adopt Resolution No. 0305 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775 E. Vista Chino #2, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0423 ISSUED IN THE AMOUNT OF $5,000, AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” OTHER BUSINESS: 8. APPROVAL OF MINUTES: March 27, 2024 MOTION BY VICE CHAIR PARKER, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0 9. ADHOC SUBCOMMITTEE RECOMMENDATION TO THE BOARD WITH UPDATES TO VACATION RENTAL ORDINANCE. RECOMMENDATION: 1. Review and discuss the vacation rental ordinance updates presented by the Administrative Appeals Board Ad Hoc Subcommittee; and, 2. Recommend that the City Council consider the approval of the vacation rental ordinance updates recommended by the Administrative Appeals Board Ad Hoc Subcommittee Vice Chair Parker stated they were working on the Amended code and will bring back at a later date. 10. CITY ATTORNEY’S REPORTS AND COMMENTS: None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None. Item 10 - Page 6 ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:18 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ____/____/_____ Item 10 - Page 7 Wednesday, July 24, 2024 Minutes of the Regular Meeting of the Administrative Appeals Board 1. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Sinclair on Wednesday, July 24, 2024, at 5:30 p.m. 2. ROLL CALL Present: Board Members, Laura Hein, Steve Hermann, Ed Koren, Vice Chair David Parker, and Chair Patrick Basile. Absent: None City Staff Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Cassandra Edney, Deputy City Clerk. 3. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER HEIN, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0 PUBLIC COMMENT: None 4. ELECTION OF AN ADMINSTRATIVE APPEALS BOARD CHAIRPERSON AND VICE CHAIRPERSON. MOTION BY BOARD MEMBER HERMANN, SECOND BY BOARD MEMBER HEIN, CARRIED 5-0 to elect Patrick Basile as Chair and David Parker to continue as Vice Chair. Item 10 - Page 8 APPEAL HEARINGS: 5. APPEAL OF THE ADMINISTRATIVE CITATIONS B9001 IN THE AMOUNT $200 AND B9006 IN THE AMOUNT OF $500 FOR THE PROPERTY LOCATED AT 1077 S. RIVERSIDE DR FOR VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.090. MOTION BY VICE CHAIR PARKER, SECOND BY BOARD MEMBER KOREN, CARRIED 5-0 to UPHOLD and adopt Resolution No. 0306 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF CITATIONS B9001 AND B9006 TO JOSEPH DIRNBERGER FOR VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE 11.72.080 AND 11.72.09.” *RECESS FROM 6:55PM TO 7:03PM* 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT ETHEL SEVERSON 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 300 S PATENCIO RD., PALM SPRINGS, CALIFORNIA. MOTION BY BOARD MEMBER HERMANN, SECOND BY BOARD MEMBER HEIN, CARRIED 5-0 to UPHOLD and adopt Resolution No. 0307 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ETHEL SEVERSON, FOR THE PROPERTY LOCATED AT 300 S PATENCIO RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0696 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 7. APPEAL OF THE ADMINISTRATIVE DECISION THAT MARK HIRSCHI & ROBERT HIRSCHI 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 6175 MONTECITO DR., UNIT #4, PALM SPRINGS, CALIFORNIA. MOTION BY VICE CHAIR PARKER, SECOND BY BOARDMEMBER KOREN, CARRIED 5-0 to UPHOLD and adopt a Resolution No. 0308 entitled, “RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775 E. VISTA CHINO #2, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0669 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS” Item 10 - Page 9 OTHER BUSINESS: 8. CITY ATTORNEY’S REPORTS AND COMMENTS: None. 9. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: None. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:57 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ____/____/_____ Item 10 - Page 10