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HomeMy WebLinkAbout2022-12-28 AAB Minutes City of Palm Springs Page 1 Wednesday, December 28, 2022 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Executive Order N-29-20, by Governor Newsom, 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, December 28, 2022, at 5:32 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Alternate Ken Hedrick, Jocelyn Kane and Chair Michael Paonessa Absent: Vice Chair Kane was absent at role call – arrived at 5:50 pm. City Staff Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dustin Wade, Code Compliance Officer; Cassandra Edney, Deputy City Clerk; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to accept the agenda, as presented, Vice Chair Kane absent, and Alternate Hedrick was present. 2. PUBLIC COMMENT None. APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT 360 WEST PICO ROAD, LLC. 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 360 WEST PICO ROAD, PALM SPRINGS, CALIFORNIA Mitch Nabhan presented and read a written statement of Code Officer Wade. Regular Meeting Minutes Administrative Appeals Board December 28, 2022 City of Palm Springs Page 2 Chair Paonessa opened the Appeal Hearing. Juan (Owner of Property) was present via Zoom and gave testimony that the renter was at fault, and he had no idea. He started eviction notice as soon as he was made aware of it. 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 the citation will be overturn. MOTION BY BOARDMEMBER HEDRICK, SECOND BY MOSES, CARRIED 3-2, BOARDMEMBER SINCLAIR AND CHAIR PAONESSA VOTED NO, to adopt Resolution No. 0241 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF 360 WEST PICO ROAD, LLC. FOR THE PROPERTY LOCATED AT 360 WEST PICO RD, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0411 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT SU LING TIAN 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 2600 E. VINCENTIA RD., PALM SPRINGS, CALIFORNIA Dave Williams gave staff report. Chair Paonessa opened the Appeal Hearing. Son of owner (due to language barrier) Michal Chen was present. He gave information that the property management company has control over the home and is listing it without them wanting them to. During the course of deliberations, the Board agreed that the citation will be upheld. MOTION BY BOARDMEMBER SINCLAIR, SECOND BY BOARDMEMBER MOSES CARRIED 5-0 to adopt a Resolution No. 0239 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SU LING TIAN FOR THE PROPERTY LOCATED AT 2600 E. VINCENTIA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0380 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.” **RECESS WAS HELD 6:34PM TO 6:40PM** 5. APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE Regular Meeting Minutes Administrative Appeals Board December 28, 2022 City of Palm Springs Page 3 ADMINISTRATIVE FINE OF $2500.00 TO WESLEY OSAZE FOR THE PROPERTY LOCATED AT 1585 E. MADRONA RD, PALM SPRINGS. Patrick Clifford presented information in regard to the case at hand. Code enforcement supervisor Nabhan gave staff report. Chair Paonessa opened the Appeal Hearing. Appellant, Wesley Osaze and partner Sheila Monroe give testimony that they forgot to send in the list of contracts for the time. Board decides to uphold citation. MOTION BY BOARDMEMBER MOSES, SECOND BY BASILE, CARRIED 5-0 TO OVERTURN Resolution No. 0238 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF WESLEY OSAZE FOR THE PROPERTY LOCATED AT 1585 E. MADRONA RD, PALM SPRINGS REGARDING ADMINISTRATIVE CITATION AB0415 ISSUED IN THE AMOUNT OF $2,500 AND THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE.” OTHER BUSINESS: 6. APPROVAL OF MINUTES: November 30, 2022. Minutes were approved - MOTION BY BOARDMEMBER MOSES, SECOND BY SINCLAIR, CARRIED 5-0 TO APPROVE MINUTES. 7. BOARD MEMBER COMMENTS AND REQUESTS None. 8. CITY ATTORNEY’S REPORTS AND COMMENTS None. 9. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Deputy City Clerk Edney provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:20 p.m. Respectfully submitted, Cassandra Edney Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ___/___/2022