HomeMy WebLinkAbout2025-05-07 Public Comment - David KoslowA DMINISTRATIVE APPEALS BOARD
CITY OF PALM SPRINGS, CALIFORNIA
PUBLIC COMMENT OF DAVID S. KOSLOW
AND DOCUMENTATION RE: DELEON APPEAL
TIMELY SUBMITTED BY DAVID S. KOSLOW
FOR BOARD’S SPECIAL MEETING OF MAY 7, 2025 .
To: The Honorable Patrick Basile, Chair (Term expires June 30, 2027);
The Honorable David Parker, Vice Chair (Term expires June 30, 2026);
The Honorable Steve Hermann (Term expires June 30, 2025);
The Honorable Lauren Hein (Term expires June 30, 2027);
The Honorable Edwin Koren (Term expires June 30, 2027); and
The Honorable Stasik Winderbaum (alt.) (Term expires June 30, 2026).
SUMMARY OF PUBLIC COMMENT AND DOCUMENTATION
FOR INCLUSION IN THE SPECIAL MEETING’S MINUTES:
The Public Comment and Documentation by David S. Koslow requests that the
ADMINISTRATIVE APPEALS BOARD , CITY OF PALM SPRINGS, CALIFORNIA stay all
proceedings in the matter of the citation(s) and appeal of Alvin J. Deleon until such time as there is a
final ruling by an appellate court, state or federal, in the matter of Alessandra Montanaro v. City of
Cathedral City, currently pending in the California Fourth District Court of Appeal, Division 2, as Case
No. E084343 (hereafter, “the Montanaro Appeal”).
TEXT OF PUBLIC COMMENT AND DOCUMENTATION:
INTRODUCTORY IDENTIFICATION.
My name is David S. Koslow. I am a resident, home property owner, registered voter,
and taxpayer of Cathedral City. Because I pay sales taxes to the City of Palm Springs, California, I have
standing under Section 526a(a)(2) of the California Code of Civil Procedure to sue the City of Palm
Springs to enjoin “waste” (as defined by statute and case law) by the City of Palm Springs.
I am also a close personal friend of Alessandra Montanaro, a Cathedral City home property
owner and taxpayer of Cathedral City, and the appellant in the Montanaro Appeal.
My home address is 30309 Keith Avenue. My phone number is (760) 202-6838. My email
address is koslowfineart@gmail.com. Because I ran for the Cathedral City District 4 City Council
position in 2022, my contact information, supplied above, is a matter of public record. By posting this
Public Comment and Documentation on social media in the exercise of my First Amendment rights, I
invite members of the public to contact me regarding this Public Comment and any of my previous and
future Public Comments.
The following combined Public Comment and Documentation is submitted in writing by email
to the City Clerk at cityclerk@palmspringsca.gov on May 3, 2025 for inclusion in the official records of
the Public Comment portion and also the Deleon appeal portion of the ADMINISTRATIVE APPEALS
BOARD, CITY OF PALM SPRINGS, CALIFORNIA’s Special Session of May 7, 2025.
PUBLIC COMMENT
In the Montanaro Appeal, the appellate court will decide the following issue which will also
determine the legal authority of all Cities in California to enforce City ordinances by administrative
citations and administrative appeals:
Whether Cathedral City, a California local agency as defined by Gov. Code §54951,
deprived Appellant of her inviolable federal and state Constitutional right to a trial by
jury when Respondent selected to enforce a Municipal Code prohibition in the City’s
forum by an administrative citation instead of in the court forum by a misdemeanor
complaint. Gov. Code § 53069.4 subd (a)(1) and Gov. Code § 36900(a) which purport to
authorize Respondent’s forum selection are unconstitutional facially and as applied, as
are Cathedral City’s Municipal Code enactments implementing § 53069.4 subd (a)(1) and
Gov. Code § 36900 subd. (a).
David S. Koslow requests this Board request and receive advice from the City Attorney
regarding the stay of the Deleon appeal and of all other enforcement proceedings by the City until
such time as there is a final appellate decision in the Montanaro Appeal.
Alternatively, David S. Koslow requests this Board to include in the Deleon appeal the issue
currently presented in the Montanaro Appeal so that the issue is preserved for appeal to the
Superior Court..
For further information, please request the City Attorney refer to the Appeal Court on-line
docket, or contact Ms. Montanaro’s attorney of record:
Daniel Ajeigbe, Esq.
Attorney at Law
Law Office of Daniel O. Ajeigbe
AjeigbeLaw@Gmail.com
Respectfully submitted,
David S. Koslow