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Home My WebLink About2021-06-23 AAB Minutes City of Palm Springs Page 1 Wednesday, June 23, 2021 Minutes of the Special 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 Special Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, June 23, 2021, at 4:00 p.m. ROLL CALL Present: Board Members Patrick Basile, 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; Denise Hansen, Prosecution Counsel, Patrick Clifford, Executive Program Administrator; and Anthony Mejia, City Clerk. 1. ACCEPTANCE OF THE AGENDA MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to accept the Agenda as presented. 2. PUBLIC COMMENT None. APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE CITATION B7882 AND $5,000 FINE, ADMINISTRATIVE CITATION B7710 AND $10,000 FINE, AND ADMINISTRATIVE CITATION PD18056 AND $25,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE PROPERTY LOCATED AT 555 S PALM CANYON DRIVE, STE. A111, PALM SPRINGS, CALIFORNIA The Administrative Appeals Board agreed to continue the appeal hearing to July 28, 2021, at the request of the appellant. Special Meeting Minutes Administrative Appeals Board June 23, 2021 City of Palm Springs Page 2 4. APPEAL OF THE ADMINISTRATIVE CITATION PD18057 AND $5,000 FINE FOR VIOLATING THE STATE AND CITY EMERGENCY ORDERS AT THE BUSINESS LOCATED AT 205 S. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA Police Lieutenant Villegas and Code Enforcement Officer Nabhan 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. Lee Morcus, Appellant, noted that his restaurant could not setup an outdoor parklet; advised that he spent significant time and resources to improve indoor ventilation and other improvements to prevent the transmission of COVID-19; explained that the perimeter wall is windows and he believed with the improved ventilation and open windows, he could utilize some indoor seating. In response to Board inquiry, Mr. Morcus explained that he reduced his patio seating over time resulting in more than 50% reduced capacity; explained that the indoor seating was a single row of tables along the open windows. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Lt. Villegas clarified that his meeting with Mr. Morcus occurred after the issuance of the citation in which they agreed upon the outdoor and indoor table configuration. Officer Nabhan explained that the citation was primarily issued due to the lack of social distancing for the outdoor dining and the indoor seating was a secondary concern. Following discussion, MOTION BY BOARD MEMBER HEDRICK, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0, to adopt Resolution No. 0197 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF LEE MORCUS REGARDING THE BUSINESS LOCATED AT 205 S. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA,” upholding the administrative citation issued to East El Paseo III, Inc., for the property located at 205 S. Palm Canyon Drive, Palm Springs and the fine of $1,000, as determined by the Board. Special Meeting Minutes Administrative Appeals Board June 23, 2021 City of Palm Springs Page 3 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT RAYMOND WHITE 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 1655 E PALM CANYON DR., UNIT 103, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Willaims 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. Gary Schwartz, Attorney representing Raymond White, noted that Mr. White provided two years of rental history demonstrating that the majority of rentals were 28 days or more; acknodledged that Mr. White did accept the reservation for less than 28 days from the code enforcement officer; urged the Board to examine the totality of Mr. White’s rental history and overturn the citation. In response to Board inquiry, Mr. Schwartz opined that his client did not have a full understanding that the two occasions he rented for 27 days was a violation; acknowledged that Mr. White rented his property for 20 days on two occasions. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Basile pointed out Mr. White has another rental in Hawaii and likely must obtain permits and follow rules; opined that it is clear this was an illegal rental and violated the City’s regulations. Chair Paonessa pointed out that Mr. White’s appeal form indicates that he was aware of the Homeowner Association’s (HOA) regulations prohibiting short term rentals but still submitted evidence indicating that he accepted reservations in violation of both HOA and City regulations. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0198 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF RAYMOND WHITE FOR THE PROPERTY LOCATED AT 1655 E PALM CANYON DR., UNIT 103, PALM SPRINGS, CALIFORNIA,” upholding the administrative decision that Raymond White is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1655 E Palm Canyon Dr., Unit 103, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board June 23, 2021 City of Palm Springs Page 4 OTHER BUSINESS: 6. BOARD MEMBER COMMENTS AND REQUESTS Board Member Sinclair noted this may be his last meetin and commended staff for their support of the Administrative Appeals Board. 7. CITY ATTORNEY’S REPORTS AND COMMENTS In response to Board inquiry, Ms. Tremblay advised that she will provide an update on the lawsuit on the City’s vacation rental ordinance at the next Board meeting. 8. CITY CLERK’S REPORTS AND FUTURE MEETING DATES City Clerk Mejia provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 5:20 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 08/25/2021