HomeMy WebLinkAboutItem 6 - 2022-11-30 AAB Minutes
City of Palm Springs Page 1
Wednesday, November 30, 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, November 30, 2022, at 5:30 p.m.
ROLL CALL
Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Alternate Ken
Hedrick, Jocelyn Kane and Chair Michael Paonessa
Absent: Ken Hedrick absent after Item 3
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.
2. PUBLIC COMMENT
None.
3. DISCUSSION REGARDING DEFENSES, BASED ON AGENCY, AND/OR
PARTNERSHIP LIABILITY
Deputy City Attorney gave a detailed explanation of the agency and partnership liability
definitions.
APPEAL HEARINGS:
4. APPEAL OF THE ADMINISTRATIVE DECISION THAT RICHARD LANGLEY IS
PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE
CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR
Regular Meeting Minutes Administrative Appeals Board November 30, 2022
City of Palm Springs Page 2
OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED
AT 483 E. SANTIAGO WAY, PALM SPRINGS, CALIFORNIA, CONTINUED FROM
THE OCTOBER 26, 2022, ADMINISTRATIVE APPEALS BOARD MEETING
Patrick Clifford presented additional information in regard to the case at hand.
Chair Paonessa opened the Appeal Hearing due to the City presenting additional information.
Richard Langley was present and argued that the Agency relationship and stated the application
was processed after the citation was given.
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 upheld.
MOTION BY BOARDMEMBER SINCLAIR, SECOND BY VICE CHAIR KANE,
CARRIED 4-1, BOARDMEMBER HEDRICK VOTED NO, BOARDMEMBER MOSES
RECUSED to adopt Resolution No. 0237 entitled “A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ON THE APPEAL OF RICHARD LANGLEY FOR THE PROPERTY
LOCATED AT 483 E. SANTIAGO WAY, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0409 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 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
Due to the Appellant being sick and unable to attend – the board decided to postpone the
hearing onto the December 28th meeting.
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 NOREEN DZHRDZHYAN FOR THE
PROPERTY LOCATED AT 2354 W. NICOLA RD., PALM SPRINGS.
Patrick Clifford presented information in regard to the case at hand. Code enforcement officer
Wade presented case information.
Chair Paonessa opened the Appeal Hearing.
Appellant and family members give testimony that the cousin on the list was inside the house
and the person who answered the door was unaware of letting them know.
City staff is clarifying the family and friend list.
Regular Meeting Minutes Administrative Appeals Board November 30, 2022
City of Palm Springs Page 3
One of the cousins there was at the house and is on the list.
Board decides to overturn the citation due to the homeowner having a family member there
and not identifying them.
MOTION BY BOARDMEMBER SINCLAIR, SECOND BY VICE CHAIR KANE,
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 NOREEN DZHRDZHYAN FOR THE PROPERTY
LOCATED AT 2354 W. NICOLA RD., PALM SPRINGS REGARDING
ADMINISTRATIVE CITATION AB0412 ISSUED IN THE AMOUNT OF $2,500 AND
THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE.”
7. APPEAL OF THE ADMINISTRATIVE FINE OF $5,000 TO REEFER MADNESS,
LLC FOR VIOLATION OF 5.55.205(A)(2) and 5.55.110 OF THE PALM SPRINGS
MUNICIPAL CODE
Vice Chair Kane is recusing herself from the case to be heard.
Chair Paonessa advises Appellant that he has the right to decide to have it moved to the next
meeting due to the board only having three members present.
OTHER BUSINESS:
8. APPROVAL OF MINUTES: October 27, 2021; December 01, 2021; January 26, 2022;
February 23, 2022; March 23, 2022; September 28, 2022; October 26, 2022.
Minutes were approved -
MOTION BY BOARDMEMBER MOSES, SECOND BY VICE CHAIR KANE, CARRIED
5-0 TO APPROVE MINUTES.
9. BOARD MEMBER COMMENTS AND REQUESTS
Boardmembers request to have packets printed or access to the materials presented for the
meeting.
10. CITY ATTORNEY’S REPORTS AND COMMENTS
None.
11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES
Deputy City Clerk Edney provided an update on future meetings.
Regular Meeting Minutes Administrative Appeals Board November 30, 2022
City of Palm Springs Page 4
ADJOURNMENT
The Administrative Appeals Board meeting adjourned at 6:37 p.m.
Respectfully submitted,
Cassandra Edney
Deputy City Clerk
APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: ___/___/2022