HomeMy WebLinkAbout2020-08-26 AAB Minutes
City of Palm Springs Page 1
Wednesday, August 26, 2020
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, August 26, 2020, at 5:30 p.m.
PLEDGE OF ALLEGIANCE
Chair Paonessa led the Pledge of Allegiance.
ROLL CALL
Present: Board Members Oliver Cleary, Stephen Moses, Wayne Sinclair, Vice Chair
Jocelyn Kane, and Chair Michael Paonessa.
Alternate Board Members Robert Findley and Ken Hedrick.
Absent: None.
City Staff
Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Programs
Administrator; Code Compliance Officer Kristi Smith, and John Paul Maier, Chief
Deputy City Clerk were present at Roll Call.
1. ACCEPTANCE OF THE AGENDA
By consensus, the Board accepted the Agenda as presented.
PUBLIC COMMENT
None.
Regular Meeting Minutes Administrative Appeals Board August 26, 2020
City of Palm Springs Page 2
APPEAL HEARINGS
2. APPEAL OF THE ADMINISTRATIVE DECISION THAT ARMON BOOTH AND
TINA BOOTH 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 2345 S CHEROKEE WAY UNIT 113, PALM SPRINGS,
CALIFORNIA
Executive Program Administrator Clifford presented the staff report, summarized staff’s
investigatory methods and issuance of the citation, and responded to Board inquiries.
Chair Paonessa opened the Appeal Hearing.
Tina Booth, Appellant, advised that she utilized a professional property management company
and had an agreement with Oasis Villa Hotel for the short-term rental of her unit; stated that
Oasis Villa Hotel holds a valid permit for the property and she was advised that a secondary
permit would not be necessary; noted that she received an offer to enter into a Compliance
Plan from the City but that staff did not respond to her follow-up inquiries.
There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing.
Vice Chair Kane expressed concern regarding the lack of response by former City staff in
relation to the Compliance Plan and that the delay has resulted in the appellant’s case remaining
unresolved. Mr. Clifford stated that he did not have a record of inquiries or notifications from
the appellant to former City staff.
MOTION BY BOARD MEMBER MOSES to defer deciding on the matter for 30 days to allow
staff and the appellant to reach an amicable agreement. The motion died due to lack of a
second. Board Member Cleary opined that Mrs. Booth has provided a enough evidence to
support dismissal of the citation.
MOTION BY BOARD MEMBER CLEARY, SECOND BY BOARD MEMBER MOSES,
CARRIED 5-0, to adopt Resolution No. 0172 entitled, “A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ON THE APPEAL OF ARMON BOOTH AND TINA BOOTH
REGARDING THE PROPERTY LOCATED AT 2345 S CHEROKEE WAY, UNIT 113,
PALM SPRINGS, CALIFORNIA,” overturning administrative citation AB0148 and the
administrative decision that Armon Booth and Tina Booth are permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the property located at 2345
S Cherokee Way, Unit 113, Palm Springs and the fine of $5,000.
Regular Meeting Minutes Administrative Appeals Board August 26, 2020
City of Palm Springs Page 3
3. APPEAL OF THE ADMINISTRATIVE DECISION THAT KEVIN WU 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 2700 E. MESQUITE AVE UNIT F35, PALM SPRINGS, CALIFORNIA
Executive Program Administrator Clifford presented the staff report, summarized staff’s
investigatory methods and issuance of the citation, and responded to Board inquiries. Code
Compliance Officer Kristi Smith provided a brief overview of the citation process.
Chair Paonessa opened the Appeal Hearing.
Kevin Wu, Appellant, stated that he lives at the property and advertised the unit for extra
income; advised that he was unaware of the City’s regulations and immediately removed the
advertisements upon receiving the citation.
There being no others desiring to speak on this item, Chair Paonessa closed the Appeal
Hearing.
MOTION BY VICE CHAIR KANE, SECOND BY BOARD MEMBER MOSES, CARRIED
5-0, to adopt Resolution No. 0173 entitled, “A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL
OF KEVIN WU REGARDING THE PROPERTY LOCATED AT 2700 E. MESQUITE AVE
UNIT F35, PALM SPRINGS, CALIFORNIA,” upholding administrative citation AB0260 and
administrative decision that Kevin Wu is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 2700 E Mesquite Ave, Unit F35,
Palm Springs and the fine of $5,000.
OTHER BUSINESS:
4. APPROVAL OF MINUTES
MOTION BY BOARD MEMBER MOSES, SECOND BY VICE CHAIR KANE, CARRIED
5-0, to approve the minutes for the Regular Meeting of July 22, 2020, as amended.
5. BOARD MEMBER COMMENTS AND REQUESTS
By consensus, the Board requested that the City Attorney’s Office provide a memo clarifying
questions related to case settlements:
1. Can the City negotiate and settle a case with the homeowner?
2. Is there a compliance agreement program in place with the City?
6. CITY ATTORNEY’S REPORTS AND COMMENTS
None.
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7. CITY CLERK’S REPORTS AND FUTURE MEETING DATES
Chief Deputy City Clerk Maier notified the Board that the next scheduled meeting will be held
on September 23, 2020.
ADJOURNMENT
The Administrative Appeals Board meeting adjourned at 7:00 p.m.
Respectfully submitted,
________________________
John Paul Maier, MMC
Chief Deputy City Clerk
APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2020