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HomeMy WebLinkAbout2021-02-24 AAB Minutes City of Palm Springs Page 1 Wednesday, February 24, 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, February 24, 2021, at 5:31 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. 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 February 24, 2021 City of Palm Springs Page 2 APPEAL HEARINGS 2. APPEAL OF THE ADMINISTRATIVE CITATION PD17949 AND $5,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE PROPERTY LOCATED AT 1800 E. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA Deputy City Attorney Grimes presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquiries. Chair Paonessa opened the Appeal Hearing. Jake Laughlin, Appellant, spoke on the number of overlapping and complex federal, state, and local COVID-19 regulations, noting that they were not aware of the restrictions on wedding receptions; pointed out that the event was held outside in an area with a 200 person capacity; noted that the event required both food and beverage service and that the dance floor was limited to a few dances with the bride; In response to Board inquiry, City staff confirmed that the table spacing and number of attendees would be allowed under the regulations provided that the event was not labeled as a wedding reception. Board Member Moses opined that a violation should not be contingent on how an event is labeled but whether the elements of the event violated the regulations. Board Member Sinclair opined that the regulations prohibit wedding rece ptions, pointing out that a wedding was held and followed by a dinner and that it was a wedding reception; asserted that the Board should not attempt to interpret what the State intended when enacting the regulation. In response to Board inquiry, Deputy City Attorney Grimes advised that the Board has the discretion to set the fine at a lower amount than $5,000. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER CLEARY, CARRIED 3-2 (WITH BOARD MEMBER SINCLAIR AND CHAIR PAONESSA VOTING NO), to adopt Resolution No. 0188 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF PAUL PATINO, ON BEHALF OF SYDELL PALM SPRINGS LLC, REGARDING THE PROPERTY LOCATED AT 1800 E. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA,” overturning the administrative citation issued to Sydell Palm Springs, LLC, for the property located at 1800 E. Palm Canyon Drive, Palm Springs and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board February 24, 2021 City of Palm Springs Page 3 3. APPEAL OF THE ADMINISTRATIVE CITATION B7578 AND $5,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE BUSINESS LOCATED AT 330 N. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA Deputy City Attorney Grimes and Code Enforcement Officer Gomez presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Kevin McCullough, spoke on the character of Alexander Raei and his family, noting they are a positive force in the community. Alexander Raei, Appellant, advised that he was exercising his first amendment right to protest the COVID-19 restrictions; expressed frustration that businesses such as Walmart, Target, and casinos could remain open while his business was struggling; advised that he obtained the consent of his employees and coordinated a one-day, dine-in protest event; pointed out that other restruants throughout the Coachella Valley were operating illegally; stated that his customers fundraised to help pay the citation, noting that he will donate the funds if the Board waives the fine. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Moses opined that it is clear that Mr. Raei intended to violate the COVID -19 regulations through a protest demonstration; recommended that the fine be reduced to $100. Chair Paonessa agreed that Mr. Raei intentionally violated the regulations and voiced support for reducing the fine to $1,000. MOTION BY BOARD MEMBER MOSES, to uphold the administrative citation issued to Alexander Raei for the business located at 330 N. Palm Canyon Drive, Palm Springs, and reduction of the fine amount to $100. The motion died for lack of a second. MOTION BY BOARD MEMBER SINCLAIR, SECOND BY BOARD MEMBER CLEARY, to adopt Resolution No. 0187 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ALEXANDER RAEI REGARDING THE BUSINESS LOCATED AT 330 N. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA,” upholding the administrative citation issued to Alexander Raei for the business located at 330 N. Palm Canyon Drive, Palm Springs, and the fine amount to $1,000, as determined by the Board. Regular Meeting Minutes Administrative Appeals Board February 24, 2021 City of Palm Springs Page 4 OTHER BUSINESS 4. BOARD MEMBER COMMENTS AND REQUESTS The Board expressed support for Board Member Hedrick to draft recommendations to the City Council related to holding vacation rental management companies accountable for violations occurring under their care. 5. CITY ATTORNEY’S REPORTS AND COMMENTS None. 6. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Maier informed the Board of the upcoming regularly scheduled meeting for March 24, 2021. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:15 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 04/28/2021