HomeMy WebLinkAbout2021-03-24 AAB Minutes
City of Palm Springs Page 1
Wednesday, March 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, March 24, 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.
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.
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APPEAL HEARINGS
2. APPEAL OF THE ADMINISTRATIVE DECISION THAT JOANNA GUZMAN 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 470 N. VILLA CT., UNIT 101, 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.
Chair Paonessa opened the Appeal Hearing.
Paul Marritet, opined that the vacation rental permit fee should be a sliding scale based on the
square footage of the rental; urged the Board to reduce the fine levyed against Ms. Guzman.
Joanna Guzman, Appellant, stated that she purchased the property as a retirement home;
advised that she was unaware of the City’s regulations; acknowledged that she violated the
City’s regulations and rented the property as a short-term vacation rental; urged the Board to
overturn the citation or reduce the fine.
There being no others desiring to speak on this item, Chair Paonessa closed the Appeal
Hearing.
Following discussion, MOTION BY BOARD MEMBER CLEARY, SECOND BY BOARD
MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0189 entitled, “A
RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ON THE APPEAL OF JOANNA GUZMAN FOR THE
PROPERTY LOCATED AT 470 N. VILLA CT., UNIT 101, PALM SPRINGS,
CALIFORNIA,” upholding the administrative citation issued to Joanna Guzman for the
property located at 470 N. Villa Court, Palm Springs and the fine of $5,000.
Regular Meeting Minutes Administrative Appeals Board March 24, 2021
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3. APPEAL OF THE ADMINISTRATIVE DECISION THAT KEVIN DICKSON 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 940 E. PALM CANYON DR., UNIT 207, PALM SPRINGS, CALIFORNIA
Executive Program Administrator Clifford and Code Enforcement Officer Williams 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 Dickson, Appellant, stated that he did not intend to advertise as a short-term vacation
rental, noting that his Homeowners Association does not allow short-term vacation rentals;
commented that an assistant was instructed to adjust the rental rates, but inadvertently adjusted
the minimum night stay on VRBO; explained that he authorized his partner to manage the
reservations during a week-long absence which was prolonged due to a COVID-19 exposure;
urged the Board to overturn the citation, noting that he has a history of only accepting rentals
over 30 days. In response to Board inquiry, Mr. Dickson advised that he occasionally received
requests for a short-term vacation rentals but rejected them; pointed out that he’s been
advertising for five years and this was his partner’s first time managing reservations.
In response to Board inquiry, Officer Williams pointed out that he received a response from
the VRBO website the same day indicating acceptance of the short-term rental.
Discussion ensued relative to whether the appellant had the intent to advertise as a short-term
vacation rental, noting that the AirBnB advertisement reflected a 30-night minimum stay.
Chair Paonessa pointed out that the appellant received occasional inquiries for a short-term
vacation rental which should have indicated that the website had an error; noted that the
appellant’s partner responded to the reservation inquiry, indicating his intent to accept.
There being no others desiring to speak on this item, Chair Paonessa closed the Appeal
Hearing.
MOTION BY BOARD MEMBER SINCLAIR, SECOND BY CHAIR PAONESSA,
CARRIED 3-2 (BOARD MEMBERS CLEARY AND KANE VOTING NO), to adopt a
Resolution entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KEVIN DICKSON
FOR THE PROPERTY LOCATED AT 940 E. PALM CANYON DR., UNIT 207, PALM
SPRINGS, CALIFORNIA,” upholding the administrative citation issued to Kevin Dickson for
the property located 940 E. Palm Canyon Drive, Unit 207, Palm Springs and the fine of $5,000.
Board Member Moses indicated that he made an error in voting and desires to modify his vote
to overturn the citation. City Clerk Mejia and Deputy City Attorney Tremblay indicated that
the vote has concluded and that Board Member Moses could request reconsideration of the
matter. City Clerk Mejia explained that members who voted with the majority would need to
make the motion and second for reconsideration.
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MOTION BY BOARD MEMBER MOSES to reconsider the subject appeal. Board Member
Kane indicated that she supports the motion to reconsider. City Clerk Mejia announced that
the motion failed as no member in the majority made a second.
CLERK’S NOTE: Following conclusion of the meeting, City Clerk Mejia verified that
Robert’s Rules of Order does not require that the motion to reconsider be seconded by a
member who originally voted with the majority. City Clerk Mejia notified the Board and
appellant that the matter will be reagendized for its meeting on April 28, 2021, for
reconsideration and possible re-vote on the matter.
OTHER BUSINESS:
4. APPROVAL OF MINUTES:
MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR,
CARRIED 5-0, to approve the Regular Meetings minutes of December 2, 2020, and
January 24, 2021.
5. DISCUSSION REGARDING THE RESPONSIBILITY OF VACATION RENTAL
MANAGEMENT COMPANIES IN RELATION TO VACATION RENTAL
CITATIONS
Board Member Hedrick and Chair Paonessa summarized their recommendations about holding
vacation rental management companies accountable when a rental receives a citation. Board
Member Cleary recommended continuing the matter to the next Board meeting.
6. BOARD MEMBER COMMENTS AND REQUESTS
Vice Chair Kane stated that the Board is eager to relay its experience applying the ordinance
and provide recommendations on modifications.
7. CITY ATTORNEY’S REPORTS AND COMMENTS
Deputy City Attorney Tremblay noted that Board Members are expected to apply the ordinance
as approved by the City Council towards the subject appeals, noting there is no need to
apologize when upholding a citation.
8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES
City Clerk Mejia provided an update on future meetings.
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ADJOURNMENT
The Administrative Appeals Board meeting adjourned at 7:09 p.m.
Respectfully submitted,
________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 04/28/2021