HomeMy WebLinkAbout2023-03-22 AAB Minutes
City of Palm Springs Page 1
Wednesday, March 22, 2023
Minutes of the Regular Meeting of the
Administrative Appeals Board
CALL TO ORDER
A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by
Chair Paonessa on Wednesday, March 22, 2023, at 5:32 p.m.
ROLL CALL
Present: Board Members Stephen Moses, Wayne Sinclair, Patrick Basile, Vice Chair
Jocelyn Kane and Chair Michael Paonessa
Absent: None.
City Staff
Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program
Administrator; Mitchell Nabhan, Code Compliance Supervisor; Dave Williams,
Code Compliance Officer; Dustin Wade, Code Compliance Officer; Jacob
Gonzalez, Code Compliance Officer; and Cassandra Edney, 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 BASILE, CARRIED 5-0.
2. PUBLIC COMMENT
None.
APPEAL HEARINGS:
3. APPEAL OF THE ADMINISTRATIVE DECISION THAT ROMAN AND LINCOLN
FAMILY TRUST 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 225 W. CAMINO CARMELITA, PALM SPRINGS,
CALIFORNIA.
Patrick Clifford gives City staff report. Jacob Gonzalez, Code Enforcement Officer, gives
information on inquiring about rental property. Open the appeal hearing, Joshua Silva gives
testimony on the property. Board questions the appellant and the 28-day minimum required.
Appellant states that the “uplifting” website over sees the booking and would not have allowed
Regular Meeting Minutes Administrative Appeals Board March 22, 2023
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the short-term rental. Patrick gives further information about the Board making the decision
on this case.
MOTION BY CHAIR PAONESSA, SECOND BY BOARDMEMBER SINCLAIR,
CARRIED 3-2 (MOSES AND BASILE ) to UPHOLD and adopt Resolution No. 0248 entitled
“A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOSHUA SILVA FOR THE
PROPERTY LOCATED AT 225 W. CAMINO CARMELITA, PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0436 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 JASON NG-WALKER 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 5300 E. WAVERLY DR., UNIT K14, PALM SPRINGS, CALIFORNIA
Patrick Clifford gave City staff report. Mitch Nabhan, Code Enforcement Officer, gives
testimony on the citation that was given. There was a tip on the hotline in regard to the property
not having a rental certificate. Board asks questions to the city staff. Open the appeal hearing,
appellant Jason NG-Walker gives testimony on the citation. Appellant was under the
impression that the certificate was required per owner but not per location.
MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER BASILE 5-0 to
UPHOLD and adopt a Resolution No. 0249 entitled, “A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ON THE APPEAL OF JASON NG-WALKER FOR THE PROPERTY
LOCATED AT 5300 E. Waverly Dr., Unit K14, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0393 ISSUED IN THE AMOUNT OF
$5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL
IN THE CITY OF PALM SPRINGS.”
5. APPEAL OF THE ADMINISTRATIVE DECISION THAT HAEMKO, 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 2786 N. GIRASOL AVE., PALM SPRINGS, CALIFORNIA
Patrick Clifford gives City staff report. Jason Whittaker, Code Enforcement Officer, gives
testimony on citation that was given for the property. There was not a Vacation Rental
Certificate for the address. Whittaker sent a message to the homeowner a booking inquiry to
the property host. The owner replied to the request but did not specify that booking was only
available for 28 days or more. Jared Nelson, President of LLC, gives testimony that the answer
to the inquiry was in response to possible scammers and phishing. Nelson states that there was
not a possibility of them getting to book it. The answer to the inquiry was the house was
available but if tried to book it would’ve been rejected.
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MOTION BY BOARDMEMBER SINCLAIR, SECOND BY VICE CHAIR KANE,
CARRIED 4-1 (MOSES), to UPHOLD Resolution No. 0250 entitled, “A RESOLUTION OF
THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ON THE APPEAL OF HAEMKO, LLC FOR THE PROPERTY LOCATED
AT 2786 N. GIRASOL AVE., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0420 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 PEILIANG ZHOU 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 677 W. CRESCENT DR., PALM SPRINGS, CALIFORNIA
Appellant was on zoom and requested to have the hearing postponed to the next meeting.
MOTION BY CHAIR PAONESSA, SECOND BY VICE CHAIR KANE, CARRIED 5-0 TO
POSTPONE TO THE NEXT MEETING (APRIL 26, 2023).
OTHER BUSINESS:
7. BOARD MEMBER COMMENTS AND REQUESTS
Vice Chair Kane questions Patrick Clifford on Office of Special Programs in regard to the
citation going before the Admin Appeal Board.
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 8:00 p.m.
Respectfully submitted,
Cassandra Edney
Deputy City Clerk
APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: / /2023