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Home My WebLink About2021-01-27 AAB Minutes City of Palm Springs Page 1 Wednesday, January 27, 2021 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, January 27, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Oliver Cleary, Stephen Moses*, Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick. * Board Member Moses arrived at 5:46 p.m. Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; Mitch Nabhan, Code Compliance Officer; Kristi Smith, Code Compliance Officer; and John Paul Maier, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. PUBLIC COMMENT None. Regular Meeting Minutes Administrative Appeals Board January 27, 2021 City of Palm Springs Page 2 APPEAL HEARINGS 2. APPEAL OF THE ADMINISTRATIVE DECISION THAT ROBERT WHITNEY AND CLARK SORENSON 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 1575 E. SUNNY DUNES RD., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Board Member Moses joined the meeting at 5:46 p.m., abstained from participating, and Alternate Board Member Hedrick served as a voting Board Member for this appeal proceeding. Chair Paonessa opened the Appeal Hearing. Robert Whitney and Clark Sorenson, Appellants, stated that they purchased their home and hired Desert Luxury Estates to manage the subject property; noted that they were unaware that Desert Luxury Estates advertised and rented their property prior to receiving a vacation rental permit; urged the Board to overturn the citation, asserting that they received improper guidance from their management company. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. In response to Board inquiry, Mr. Clifford advised that the Ordinance states that the property owner is responsible for the violations and there is no recourse for the City to pursue to property management company. During the course of discussion, the Board deliberated the responsibility of the property owners and the risk in outsourcing their responsibility to a property management company. The Board agreed that the property management company violated the City’s ordinance and the property owners should not be held responsible. MOTION BY BOARD MEMBER CLEARY, SECOND BY BOARD MEMBER HEDRICK, CARRIED 4-1 (VICE-CHAIR KANE VOTING NO), to adopt Resolution No. 0184 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF TIM HOUSEHOLDER, ROBERT WHITNEY AND CLARK SORENSON FOR THE PROPERTY LOCATED AT 1575 E. SUNNY DUNES RD., PALM SPRINGS, CALIFORNIA,” overturning the administrative decision that Robert Whitney and Clark Sorenson are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1575 E. Sunny Dunes Rd., and the fine of $5,000. 3. APPEAL OF THE ADMINISTRATIVE CITATION B7019 AND $1,000 FINE AND ADMINISTRATIVE CITATION B7497 AND $10,000 FINE FOR VIOLATING THE Regular Meeting Minutes Administrative Appeals Board January 27, 2021 City of Palm Springs Page 3 STATE AND CITY EMERGENCY ORDERS AT THE BUSINESS LOCATED AT 611 S. PALM CANYON DRIVE, SUITE 5, PALM SPRINGS, CALIFORNIA Board Member Moses resumed his participation as a voting Board Member. Deputy City Attorney Grimes and Code Enforcement Officers Smith and Bermudo presented the staff report, summarized staff’s investigatory methods and issuance of the citation. In response to Board inquiry, Code Officers Smith and Bermudo advised that their supervisor provided direction related to the citation fine amounts in accordance with the City’s local emergency order; stated that the business’ windows were covered with butcher paper and that they did not observe people inside the building; noted that they observed people leaving the facility wearing workout clothes. Chair Paonessa opened the Appeal Hearing. Thomas M. Skeren, Jr. and Aaron Cruz, Appellants, asserted that their business was allowed to remain open as an essential business; pointed out that they only allowed clients with written medical referrals or prescriptions for their facility; urged the Board for leniency on the fine amounts, noting that they did not receive a warning prior to being cited. Chair Paonessa closed the Appeal Hearing. Board Member Sinclair and Chair Paonessa questioned and received clarification that the subject business is not a licensed physical therapy facility. Vice Chair Kane pointed out that the business modified their normal operations to comply with their understanding of the emergency orders and only saw clients with a medical referral or prescription for their facility. MOTION BY VICE CHAIR KANE, SECOND BY BOARD MEMBER MOSES, CARRIED 3-2 (BOARD MEMBER SINCLAIR AND CHAIR PAONESSA VOTING NO), to adopt Resolution No. 0185 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THOMAS M SKEREN JR REGARDING THE BUSINESS LOCATED AT 611 S. PALM CANYON DRIVE, STE. 5, PALM SPRINGS, CALIFORNIA,” overturning the administrative citations issued to Thomas M Skeren Jr at the business located at 611 S. Palm Canyon Drive, Ste. 5, Palm Springs and the fines of $1,000 and $10,000. The Board recessed at 7:27 p.m. and reconvened at 7:33 p.m., with all members present. Regular Meeting Minutes Administrative Appeals Board January 27, 2021 City of Palm Springs Page 4 4. APPEAL OF THE ADMINISTRATIVE CITATION PD17947 AND $5,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE PROPERTY LOCATED AT 447 W. ALEJO ROAD, PALM SPRINGS, CALIFORNIA Deputy City Attorney Grimes and Code Compliance Officer Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Tracy Conrad, Appellant, advised the Board that her business had taken all necessary actions to comply with state and local emergency orders; noted that many wedding receptions and other events were cancelled in compliance with emergency orders; stated that she was advised by local Hospitality Associations that wedding ceremonies and receptions were allowed to resume as COVID-19 cases were receding and certain businesses were allowed to resume operations; urged the Board to show leniency toward these citations as the emergency order was constantly changing. During the course of discussion, the Board agreed that the appellant has sufficient notice that wedding receptions were prohibited at the time of the citation was issued. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0186 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF TRACY CONRAD REGARDING THE PROPERTY LOCATED AT 447 W. ALEJO ROAD, PALM SPRINGS, CALIFORNIA,” upholding the administrative citation issued to Tracy Conrad for the property located at 447 W. Alejo Road, Palm Springs and the fine of $5,000. OTHER BUSINESS: 5. APPROVAL OF MINUTES: Special Meeting of January 11, 2021. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to approve the minutes of the Special Meeting of January 11, 2021. 6. BOARD MEMBER COMMENTS AND REQUESTS In response to Board inquiry, Executive Program Administor Clifford advised that vacation rentals are currently allowed to operate, but homeshares are prohibited under state emergency orders and noted such information has been conveyed to vacation rental permitees via the City’s newsletter and a leter sent by the Office of Special Program Compliance. 7. CITY ATTORNEY’S REPORTS AND COMMENTS None. Regular Meeting Minutes Administrative Appeals Board January 27, 2021 City of Palm Springs Page 5 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier informed the Board of the upcoming regularly scheduled meeting for February 24, 2021. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 8:19 p.m. Respectfully submitted, ________________________ John Paul Maier, MMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/2021