HomeMy WebLinkAboutItem 7 - Supplemental MaterialsPost Of f ice Box 2743 • Palm Springs, California 92263-2743
City o f Pal m Springs
Office of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322.8370 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov
M E M O R A N D U M
To: Honorable Administrative Appeal Board Members
From: The Department of Special Program Compliance
Date: 11/29/2022
Re: Administrative Appeals Board meeting – 11/30/2022 – Item 7
Greetings Chair Paonessa, Vice Chair Kane, Board Members
The Department of Special Program Compliance has noted items and materials in the staff report and packet for
item 7 are in need of correction. Specifically, the items and materials below are subject to correction and have
been clarified or attached to this memo.
1. The staff report lists attachment 7 on page 4 to include the notice of violation and administrative
citation AB6003. The attachment provided in the staff report only includes the notice of violation.
Attached to this memo is a copy of administrative AB6003
2. The notice of administrative hearing sent to the appellant reference’s violations of Palm Springs
Municipal Code 5.25, with respect to vacation rental operations located at 4693 Ramon Rd, Palm
Springs. This incorrectly references vacation rentals. The correction is the following:
a. NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal
Hearing before the Administrative Appeals Board, on the decision of the Department of Special
Program Compliance, Violation of the Palm Springs Municipal Code 5.55, with respect to Adult-
Use- Cannabis Related Business and Activities located at 4693 Ramon Rd., Palm Springs, CA
3. The resolution provided shows two incorrect statements.
a. Page 1 and the fourth statement, the resolution incorrectly states “Administrative Citation No.
AB6003 Failure to provide current register and names upon reasonable request, as required and
new employee information not submitted within 10 days prior to new employment; and”
i. The correct statement is: Administrative Citation No. AB6003 was issued on July 21,
2022, for Stored cannabis products not kept in a secured and locked safe room, safe, or
vault and Compliance with all applicable state and local laws; and
b. On page 1, fifth statement, the resolution incorrectly states “Steven Wijatyk, on behalf of Reefer
Madness, LLC filed an administrative appeal of the Administrative Citation No. AB6001 for with
the City Clerk and paid the appeal fee; and”
i. The correct statement is: Steven Wijatyk, on behalf of Reefer Madness, LLC filed an
administrative appeal of the Administrative Citation No. AB6003 for with the City Clerk
and paid the appeal fee; and
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF STEVEN WIJATYK, ON BEHALF OF
REEFER MADNESS, LLC FOR 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
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, REEFER MADNESS failed to provide to store their cannabis product
in a secured and locked safe room, safe, or vault;
WHEREAS, any person who operates a Cannabis Business and fails to store
their cannabis product in a secured and locked safe room, safe, or vault shall be liable
to the City an administrative fine in the amount of Five Thousand Dollars ($5,000.00);
and
WHEREAS, the City investigated and determined that the Cannabis Business,
REEFER MADNESS, 4693 Ramon Road, Palm Springs failed to store cannabis product
in a secured and locked safe room, safe, or vault; and
WHEREAS, Administrative Citation No. AB6003 was issued on July 21, 2022, for
Stored cannabis products not kept in a secured and locked safe room, safe, or vault and
Compliance with all applicable state and local laws; and
WHEREAS, Steven Wijatyk, on behalf of Reefer Madness, LLC filed an
administrative appeal of the Administrative Citation No. AB6003 for with the City Clerk
and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on November 30, 2022; and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Reefer Madness violated Sections 5.55.205 (A)(2) and 5.55.110 of the
Palm Springs Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on November 30,
2022; and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
Resolution ____
Page 2
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 5.55.205 (A)(2) and
5.55.110. The Administrative Appeals Board upholds the administrative decision
the Administrative Citation and Fine of $5,000.00 to Reefer Madness, LLC, 4693
Ramon Road, Palm Springs.
The Appellant is not in violation of Palm Springs Municipal Code 5.55.205 (A)(2)
and 5.55.110. The Administrative Appeals Board overturns the administrative
Citation and the Administrative Fine of $5,000.00 to Reefer Madness, LLC, 4693
Ramon Road, Palm Springs.
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2022.
Michael Paonessa
Chair
ATTEST:
MONIQUE LOMELI, CMC
Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, Interim City Clerk of the City of Palm Springs, do hereby certify
that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a
meeting of the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
BRENDA PREE, City Clerk