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Administrative Appeals Board Hearing Agenda and Staff Reports

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


NOTICE REGARDING TELECONFERENCING LOCATION:  Commissioner Kearns will participate in Appeal Hearing Item No. 4 via teleconference.  The teleconferencing location is accessible to the public and located at the Renaissance Hotel, Caramboia Beach, Estate Drive Bay, St. Croix, U.S. Virgin Islands.  

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  3:00 p.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 MARK WARREN AND TINA GONSALVES 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 1409 N. SUNRISE WAY, UNIT 52, PALM SPRINGS, CALIFORNIA (Warren/Gonsalves)

   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 MARK WARREN AND TINA GONSALVES ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1409 N. SUNRISE WAY, UNIT 52, 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 MARK WARREN AND TINA GONSALVES ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1409 N. SUNRISE WAY, UNIT 52, 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 MARK WARREN AND TINA GONSALVES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1409 N. SUNRISE WAY, UNIT 52, 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 MARK WARREN AND TINA GONSALVES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1409 N. SUNRISE WAY, UNIT 52, PALM SPRINGS CALIFORNIA.”

2. APPEAL OF THE ADMINISTRATIVE DECISION THAT SAM PERLMUTTER AND AMY PERLMUTTER ROSENBERG 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 1148 N. ROSE AVENUE, PALM SPRINGS, CALIFORNIA (Perlmutter/Rosenberg)

   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 SAM PERLMUTTER AND AMY PERLMUTTER ROSENBERG ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1148 N. ROSE AVENUE, 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 SAM PERLMUTTER AND AMY PERLMUTTER ROSENBERG ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1148 N. ROSE AVENUE, 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 SAM PERLMUTTER AND AMY PERLMUTTER ROSENBERG FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1148 N. ROSE AVENUE, 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 SAM PERLMUTTER AND AMY PERLMUTTER ROSENBERG FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1148 N. ROSE AVENUE, PALM SPRINGS CALIFORNIA.”

3. APPEAL OF THE ADMINISTRATIVE DECISION THAT GEORGE ROBERT HORNING 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 1154 E RACQUET CLUB ROAD, PALM SPRINGS, CALIFORNIA (Horning)

   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 GEORGE ROBERT HORNING IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1154 E RACQUET CLUB 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 THAT GEORGE ROBERT HORNING IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 1154 E RACQUET CLUB 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 FINE OF $5,000.00 ISSUED TO GEORGE ROBERT HORNING FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1154 E RACQUET CLUB 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 FINE OF $5,000.00 ISSUED TO GEORGE ROBERT HORNING FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1154 E RACQUET CLUB ROAD, PALM SPRINGS, CALIFORNIA.”

4. APPEAL OF THE ADMINISTRATIVE DECISION THAT ROGER DALE BROWN, ALMA MAY BROWN, ALVIN GLENN DYCK AND KATHERINE LOUISE DYCK 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 5115 WAVERLY DRIVE, #D31, PALM SPRINGS, CALIFORNIA (Brown/Dyck)

   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 ROGER DALE BROWN, ALMA MAY BROWN, ALVIN GLENN DYCK AND KATHERINE LOUISE DYCK ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 5115 WAVERLY DRIVE #D31, 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 ROGER DALE BROWN, ALMA MAY BROWN, ALVIN GLENN DYCK AND KATHERINE LOUISE DYCK ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 5115 WAVERLY DRIVE #D31, 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 ROGER DALE BROWN, ALMA MAY BROWN, ALVIN GLENN DYCK AND KATHERINE LOUISE DYCK FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 5115 WAVERLY DRIVE #D31, 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 ROGER DALE BROWN, ALMA MAY BROWN, ALVIN GLENN DYCK AND KATHERINE LOUISE DYCK FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 5115 WAVERLY DRIVE #D31, PALM SPRINGS, CALIFORNIA.”

5. APPEAL OF THE ADMINISTRATIVE DECISION THAT TONY A. HURD AND MICHEL D. STRICKLAND, 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 290 S SAN JACINTO DRIVE #5, PALM SPRINGS, CALIFORNIA (Hurd/Strickland)

   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 TONY A. HURD AND MICHEL D. STRICKLAND ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 290 S SAN JACINTO DRIVE #5, 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 TONY A. HURD AND MICHEL D. STRICKLAND ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS, INCLUDING THE PROPERTY LOCATED AT 290 S SAN JACINTO DRIVE #5, 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 TONY A. HURD AND MICHEL D. STRICKLAND FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 290 S SAN JACINTO DRIVE #5, 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 TONY A. HURD AND MICHEL D. STRICKLAND FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 290 S SAN JACINTO DRIVE #5, PALM SPRINGS, CALIFORNIA.”

OTHER BUSINESS

6. APPROVAL OF MINUTES: Special Meeting of January 19, 2018.

7. DISCUSSION REGARDING CITY EMAIL ACCOUNT AND SECURITY PROTOCOLS

8. DISCUSSION REGARDING COMMUNITY LEADS/FALSE CALLS

9. 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.

10. 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.

11. 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

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