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City of Palm Springs Page 1
Wednesday, June 28, 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
Interim Chair Moses on Wednesday, June 28, 2023, at 4:38 p.m.
ROLL CALL
Present: Board Members Wayne Sinclair, Patrick Basile, and Stephen Moses
Absent: Vice Chair Jocelyn Kane, and Chair Michael Paonessa
City Staff
Present: Abe Galvan-Sanchez, Deputy City Attorney; Patrick Clifford, Executive Program
Administrator; Mitchell Nabhan, Code Compliance Supervisor; Jason Whittaker,
Code Compliance Officer; Jacob Gonzalez, Code Compliance Officer; and
Cassandra Edney, Deputy City Clerk
Due to Absence of Chair and Vice Chair vote for interim chair – Board member Moses
to serve as interim Chair for the meeting. Motion made by Board member Basile,
seconded by Board member Sinclair, Carried 3-0.
1. ACCEPTANCE OF THE AGENDA
By consensus, the Board accepted the agenda as presented. MOTION BY BOARD MEMBER
SINCLAIR, SECOND BY BOARD MEMBER BASILE, CARRIED 3-0.
2. PUBLIC COMMENT
Julie Vernon – requesting a warning be sent to homeowners for violations rather than
citations.
APPEAL HEARINGS:
3. APPEAL OF THE ADMINISTRATIVE DECISION THAT RACHEL KASHANI AND
AMANDA STURGES ARE 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 2010 LAWRENCE CROSSLEY
RD., #2, PALM SPRINGS, CALIFORNIA
Regular Meeting Minutes Administrative Appeals Board June 28, 2023
City of Palm Springs Page 2
Patrick Clifford, Executive Program Administrator, presented the City Staff Report to the
board. Jason Whittaker, Code Enforcement Officer, gave information regarding the citation.
Questions from the board occurred for City Staff. Amanda Sturges gave information on the
citation. Also, she made mention that she is not on the title, but her wife is the owner. Appellant
admitted to operating the Vacation Rental without a Certificate. Appellant indicated that she
believes the permanent ineligibility penalty is unconstitutional. After questions and discussion,
in which the Board indicated this was not the proper venue to determine the constitutionality
of the ineligibility penalty. Clerical error made on the resolution was fixed and processed.
MOTION BY BOARDMEMBER BASILE, SECOND BY SINCLAIR, CARRIED 3-0 (Kane
and Paonessa ABSENT) to UPHOLD and adopt Resolution No. 0261 entitled “A
RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT RACHEL KASHANI 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 2010 LAWRENCE CROSSLEY RD., #2, PALM SPRINGS,
CALIFORNIA.”
Motion to have Interim Chair Moses step down and reassigned Interim Chair to Board
member Sinclair made by Board member Basile and second by Board member Moses,
Carried 3-0.
4. APPEAL OF THE ADMINISTRATIVE DECISION THAT DENMARK
MANANSALA 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 2905 N. CERRITOS RD., PALM SPRINGS,
CALIFORNIA.
Patrick Clifford, Executive Program Administrator, presented the City Staff Report to the
board. Jason Whittaker, Code Enforcement Officer, gave information regarding the citation.
Questions from the board occurred for City. Denmark Manansala gave information on the
citation that was received. Appellant testified that he did not believe it would be an issue to list
this property because he possesses a Certificate for a different property. Appellant also
testified that he has been having financial difficulties. Questions from the board to the
appellant. Patrick advised information on the Junior Vacation Rental Permits.
MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER BASILE,
CARRIED 3-0 (Kane and Paonessa ABSENT) to UPHOLD and adopt a Resolution No. 0262
entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF DENMARK
MANANSALA FOR THE PROPERTY LOCATED AT 2905 N. CERRITOS RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0429
ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO
OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS.”
Regular Meeting Minutes Administrative Appeals Board June 28, 2023
City of Palm Springs Page 3
5. APPEAL OF THE ADMINISTRATIVE DECISION THAT CASA JONDAL
INVESTMENT 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 500 W. STEVENS RD., PALM
SPRINGS, CALIFORNIA
Patrick Clifford, Executive Program Administrator, presented the City Staff Report to the
board. Jacob Gonzalez, Code Enforcement Officer, gave information regarding the citation
that was issued. Johannes van Ierland speaking on the appeal as the owners of the LLC.
Suzanne also spoke on the citation. Appellant testified that they advertised the property after
receiving notification from the City that the property passed inspection and that the Appellant
did not actually rent the property. Board member Basile questions to appellant. Suzanne
answered questions in regard to the time frame. Patrick clarifies email between staff.
MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER BASILE,
CARRIED 3-0 (Kane and Paonessa ABSENT) to UPHOLD Resolution No. 0263 entitled, “A
RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT CASA JONDAL INVESTMENT 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 500 W. STEVENS RD., PALM
SPRINGS, CALIFORNIA.”
6. APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION
OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE
ADMINISTRATIVE FINE OF $2500.00 TO SHANE ABAD FOR THE PROPERTY
LOCATED AT 547 N. SUNRISE WAY, PALM SPRINGS
Patrick Clifford, Executive Program Administrator, presented the City Staff Report to the
board. Jacob Gonzalez, Code Enforcement Officer, gave information regarding the citation
that was issued. Property manager, Marshall Gilbert, forgot to send the contact summary and
asked to lift the three months remaining of the ban. Board members address that penalties are
set by the municipal code. Shane Abad, homeowner, spoke on it being a clerical error and that
the TOT was paid correctly. Board member addresses legal counsel to ask about upholding the
fine only and not the time, Legal Counsel advises they have to go together.
MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER BASILE,
CARRIED 3-0 (Kane and Paonessa ABSENT) to UPHOLD Resolution No. 0264 entitled, “A
RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0478 ISSUED IN THE AMOUNT OF $2,500 TO SHANE ABAD AND THE
ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION
RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 547 N.
SUNRISE WAY, PALM SPRINGS.”
Regular Meeting Minutes Administrative Appeals Board June 28, 2023
City of Palm Springs Page 4
7. APPEAL OF THE ADMINISTRATIVE DECISION THAT WINNIE NASUUNA AND
JULIUS MUSENZE ARE 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 3155 E. RAMON RD., #311, PALM
SPRINGS, CALIFORNIA.
Patrick Clifford, Executive Program Administrator, presented the City Staff Report to the
board. Jason Whittaker, Code Enforcement Officer, gave information regarding the citation
that was given. Julius Musenze, owner of the property, advises that contrary to City staff
testimony that City staff sent a letter to Appellant noting items needing correction before the
issuance of a Certificate, Appellant did not receive such correspondence.
MOTION BY BOARDMEMBER MOSES, SECOND BY BOARDMEMBER BASILE,
CARRIED 3-0 (Kane and Paonessa ABSENT) to UPHOLD Resolution No. 0265 entitled, “A
RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT WINNIE NASUUNA AND JULIUS MUSENZE ARE 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 3155 E. RAMON RD., #311, PALM
SPRINGS, CALIFORNIA.”
OTHER BUSINESS:
8. APPROVAL OF MINUTES: April 26, 2023, and May 24, 2023. MOTION BY BOARD
MEMBER BASILE, SECOND BY BOARD MEMBER MOSES, (KANE AND PAONESSA
ABSENT) CARRIED 3-0.
9. FORMATION OF SUBCOMMITTEE TO PREPARE DRAFT
RECOMMENDATIONS TO THE CITY COUNCIL REGARDING VACATION
RENTAL ORDINANCE UPDATES: Motion to continue to July 26, 2023, due to absent
board members. MOTION BY BOARD MEMBER BASILE, SECOND BY BOARD
MEMBER MOSES, (KANE AND PAONESSA ABSENT), CARRIED 3-0.
10. DISCUSSION OF CITY ATTORNEY’S OFFICE MEMORANDUM REGARDING
THE LIABILITY OF OWNERS FOR THE OPERATION OF VACATION RENTAL
REGISTARTION CERTIFICATE: Deputy City Attorney briefly goes over the
memorandum that was submitted to the Administrative Appeals Board regarding the property
owners.
11. BOARD MEMBER COMMENTS AND REQUESTS: None.
12. CITY ATTORNEY’S REPORTS AND COMMENTS: None.
13. CITY CLERK’S REPORTS AND FUTURE MEETING DATES
Deputy City Clerk Edney provided an update on future meetings.
Regular Meeting Minutes Administrative Appeals Board June 28, 2023
City of Palm Springs Page 5
ADJOURNMENT
The Administrative Appeals Board meeting adjourned at 6:14 p.m.
Respectfully submitted,
Cassandra Edney
Deputy City Clerk
APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ___/____/2023