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Administrative Appeals Board Hearing Agenda and Staff Reports

 

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ADMINISTRATIVE APPEALS BOARD
CITY OF PALM SPRINGS, CALIFORNIA
City Hall Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, CA  92262
www.palmspringsca.gov

AGENDA

Mission Statement
Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

 Any person who wishes to speak regarding an item on the agenda or on a subject within the Board’s jurisdiction during the “Public Comments” portion of the agenda must file a “Speaker Card” with the City Clerk BEFORE that portion of the agenda is called. Any person who wishes to speak on a Hearing item must file a “Speaker Card” and sign the OATH OF TESTIMONY with the City Clerk BEFORE the Hearing is called.

CALL TO ORDER 9:00 a.m., Chair James Reed

PLEDGE OF ALLEGIANCE 

ROLL CALL: Board Members Oliver Cleary, Bruce Cronander, John Kearns; Vice Chair Jerry Howard; and Chair James Reed

ACCEPTANCE OF THE AGENDA

PUBLIC COMMENT: This time has been set aside for members of the public to address the Administrative Appeals Board on Agenda items; and items of general interest within the subject matter jurisdiction of the Board. Although the Board values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Testimony for Hearings will only be taken at the time of the Hearing.

APPEAL HEARINGS

1. APPEAL OF THE ADMINISTRATIVE DECISION THAT RAPHAEL FARSY AND CHARLOTTE FARSY ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 471 SOUTH CALLE SEGUNDO, UNIT C8, PALM SPRINGS, CALIFORNIA (Farsy)

RECOMMENDATION
1. Open the Appeal Hearing and accept public testimony.

2. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE DECISION THAT RAPHAEL FARSY AND CHARLOTTE FARSY ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 471 S. CALLE EL SEGUNDO, UNIT C8, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE DECISION THAT RAPHAEL FARSY AND CHARLOTTE FARSY ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 471 S. CALLE EL SEGUNDO, UNIT C8, PALM SPRINGS CALIFORNIA.”

3. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO RAPHAEL FARSY AND CHARLOTTE FARSY FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 471 S. CALLE EL SEGUNDO, UNIT C8, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO RAPHAEL FARSY AND CHARLOTTE FARSY FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 471 S. CALLE EL SEGUNDO, UNIT C8, PALM SPRINGS, CALIFORNIA.”

2. APPEAL OF THE ADMINISTRATIVE DECISION THAT REX TEGELAAR IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1150 VIA TENIS #19, PALM SPRINGS, CALIFORNIA (Tegelaar)

RECOMMENDATION
1. Open the Appeal Hearing and accept public testimony.

2. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE DECISION THAT REX TEGELAAR IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1150 VIA TENIS #19, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE DECISION THAT REX TEGELAAR IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1150 VIA TENIS #19, PALM SPRINGS, CALIFORNIA.”

3. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE FINE OF $5,000 ISSUED TO REX TEGELAAR FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1150 VIA TENIS #19, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO REX TEGELAAR FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1150 VIA TENIS #19, PALM SPRINGS, CALIFORNIA.”

3. APPEAL OF THE ADMINISTRATIVE DECISION THAT BARRY S. THARP AND KURT E. BRAND ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 481 VILLAGE SQUARE WEST, PALM SPRINGS, CALIFORNIA (Tharp, Brand)

RECOMMENDATION
1. Open the Appeal Hearing and accept public testimony.

2. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE DECISION THAT BARRY S. THARP AND KURT E. BRAND ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 481 VILLAGE SQUARE WEST, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE DECISION THAT BARRY S. THARP AND KURT E. BRAND ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 481 VILLAGE SQUARE WEST, PALM SPRINGS, CALIFORNIA.”

3. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO BARRY S. THARP AND KURT E. BRAND FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 481 VILLAGE SQUARE WEST, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO BARRY S. THARP AND KURT E. BRAND FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 481 VILLAGE SQUARE WEST, PALM SPRINGS, CALIFORNIA.”

4. APPEAL OF THE ADMINISTRATIVE DECISION THAT LOUIS A. PONCE AND PAUL GONZALES ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2664 N. AURORA DRIVE, PALM SPRINGS, CALIFORNIA (Ponce, Gonzales)

RECOMMENDATION
1. Open the Appeal Hearing and accept public testimony.

2. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE DECISION THAT LOUIS A. PONCE AND PAUL GONZALES ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 2664 N. AURORA DRIVE, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE DECISION THAT LOUIS A. PONCE AND PAUL GONZALES ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 2664 N. AURORA DRIVE, PALM SPRINGS CALIFORNIA.”

3. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO LOUIS A. PONCE AND PAUL GONZALES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2664 N. AURORA DRIVE, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE FINE OF $5,000.00 ISSUED TO LOUIS A. PONCE AND PAUL GONZALES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2664 N. AURORA DRIVE, PALM SPRINGS, CALIFORNIA.”

5. APPEAL OF THE ADMINISTRATIVE CITATION A5092 AND APPEAL OF THE ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1889 LOS ALAMOS ROAD, PALM SPRINGS, CALIFORNIA (Vespe)

RECOMMENDATION
1. Open the Appeal Hearing and accept public testimony.

2. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE CITATION A5092 ISSUED TO LAURA CHRISTINA TEPOZANO MEDINA FOR THE PROPERTY LOCATED 1889 LOS ALAMOS ROAD, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE CITATION A5092 ISSUED TO LAURA CHRISTINA TEPOZANO MEDINA FOR THE PROPERTY LOCATED 1889 LOS ALAMOS ROAD, PALM SPRINGS, CALIFORNIA.”

3. a. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE SHORT TERM VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED 1889 LOS ALAMOS ROAD, PALM SPRINGS, CALIFORNIA.”

OR

b. Adopt a Resolution entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE SHORT TERM VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED 1889 LOS ALAMOS ROAD, PALM SPRINGS, CALIFORNIA.”

OTHER BUSINESS


6. APPROVAL OF MINUTES: Special Meeting of November 17, 2017 and January 4, 2018.

7. BOARD MEMBER COMMENTS AND REQUESTS:
This portion of the meeting is set aside for general comments, announcements, requests of staff, and/or other issues of concern from members of the Administrative Appeals Board.

8. CITY PROSECUTOR’S REPORTS AND COMMENTS: This time is set aside for the City Prosecutor to update the Administrative Appeals Board on important items initiated by staff or previously requested by the Board.

9. CITY CLERK’S REPORTS AND FUTURE MEETING DATES: This time is set aside for the City Clerk to update the Administrative Appeals Board on important items initiated by staff or previously requested by the Board.

ADJOURNMENT

Agenda Download: 01/24/2018 Agenda


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