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Home My WebLink About2021-12-01 AAB Minutes City of Palm Springs Page 1 Wednesday, December 1, 2021 Minutes of the Special Meeting of the Administrative Appeals Board Pursuant to Assembly Bill (AB) 361, 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, December 1, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Patrick Basile, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, and Chair Michael Paonessa; Alternate Board Member Ken Hedrick Absent: None. City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Monique Lomeli, Chief Deputy City Clerk. 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. 2. PUBLIC COMMENT None. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 2 APPEAL HEARINGS: 3. APPEAL OF THE ADMINISTRATIVE CITATION AB0349 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1895 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA. Executive Program Administrator Clifford and Code Enforcement Officers Nabhan and Wade presented the staff report, summarized staff’s investigatory methods and issuance of the citations, and responded to the Board’s inquiries. Chair Paonessa opened the Appeal Hearing. Anna Hakobyan, Appellant, provided testimony that she did not completely understand the City’s regulations regarding short-term vacation rentals; urged the Board to uphold the fine and overturn the suspension; responded to Board inquiries. Bruce Hoban, opined that based on the information presented, the appellant should have received two citations rather than three because two of the violations occurred during the same rental. In response to Board inquiries, Deputy City Attorneys Tremblay and Hassell clarified that the citations were issued pursuant to PSMC 1.6030, and in accordance with City Ordinance the violations could not be combined as they were separate violations with two different responsible parties. Francine McDougall, expressed concern regarding the City’s interpretation of the Ordinance as it allows for multiple violations in one visit that could lead to an owner’s vacation rental certificate being revoked; urged the Board and City staff to set a clear precedent. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, Chair Paonessa expressed reservations regarding the issuance of the two citations during the same visit; the Board agreed that it is evident that violations occurred, and the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 4-1 (PAONESSA VOTING NO), to adopt Resolution No.0213 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ANNA HAKOBYAN FOR THE PROPERTY LOCATED AT 1895 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0349 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFICATE #3018,” upholding the administrative decision of a two- year suspension of the vacation rental registration certificate for the property located at 1895 N. Whitewater Club Drive, Palm Springs and the fine of $2,500. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 3 4. APPEAL OF THE ADMINISTRATIVE DECISION THAT VANSON LLC 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 200 E. RACQUET CLUB RD. #4, PALM SPRINGS, CALIFORNIA At the request of the appellant, this item was continued to a date uncertain. 5. APPEAL OF THE ADMINISTRATIVE DECISION THAT ABEL JUAN GUERRA AND CAMILO DIAZ 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 1461 E. TWIN STAR 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. Chair Paonessa opened the Appeal Hearing. Abel Guerra, Appellant, stated that he was unaware of the City’s regulations until he received a citation; testified that he believed AirBnB paid City taxes on his behalf; responded to Board inquiries. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred, and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0 to adopt Resolution No. 0214 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ABEL JUAN GUERRA AND CAMILO DIAZ FOR THE PROPERTY LOCATED AT 1461 E. TWIN STAR RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0341 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Abel Juan Guerra and Camilo Diaz are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1461 E. Twin Star Road, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 4 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT KAMBIZ MARASHI 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 3627 AMBASSADOR DR., PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Nabhan 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. Kambiz Marashi, Appellant, stated that he was unaware of the City’s regulations until he received the citation; testified that his neighbors made false reports against him; requested the Board reduce the citation to a fine and allow him to achieve compliance; responded to Board inquiries. Matt and Amy Smalls, stated that they are the appellant’s neighbors and provided testimony regarding their negative experience with the appellant and the multiple short-term guests at his property. Daron Staton, stated that he is the appellant’s neighbor and has witnessed short-term rental activity at the subject property on multiple occasions; noted that he serves on the Miralon Homeowners Association. Kambiz Marashi, Appellant, in rebuttal, stated that a neighbor has rallied other neighbors against him due to a personal bias and has filed a false police report. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that it is evident that a violation occurred and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to adopt Resolution No. 0215 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KAMBIZ MARASHI FOR THE PROPERTY LOCATED AT 3627 AMBASSADOR DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0331 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Kambiz Marashi is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3627 Ambassador Dr., Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 5 MEETING RECESS: The Board recessed at 7:14 p.m. and reconvened at 7:18 p.m. with all members present. 7. APPEAL OF THE ADMINISTRATIVE DECISION THAT ANGELA KHANJYAN AND GARO HAJBEKIAN ARE PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE CITATIONS AB0318 AND AB0361 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2885 E. SANDIA RD., PALM SPRINGS, CALIFORNIA Board Member Sinclair recused himself due to the close proximity of his residence to the subject property. Executive Program Administrator Clifford and Code Enforcement Officers Smith and Williams presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened and closed the Appeal Hearing. Angela Khanjyan, Appellant, stated that the home was previously registered as a vacation rental and operated under the understanding that the permit was transferred to her name through the escrow process; requested an opportunity to achieve compliance; responded to Board inquiries. In response to Board inquiries, Deputy City Attorney Tremblay clarified that vacation rental registration permits do not transfer with property ownership. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of deliberations, the Board agreed that the staff report and presentation demonstrate that a violation occurred and that the citation must be upheld. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER HEDRICK, CARRIED 5-0, to adopt Resolution No. 0216 entitled “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ANGELA KHANJYAN FOR THE PROPERTY LOCATED AT 2885 E. SANDIA ROAD., PALM SPRINGS, CALIFORNIA, REGARDING ADMINISTRATIVE CITATIONS AB0318 AND AB0361 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Angela Khanjyan is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2885 E. Sandia Road, Palm Springs and the fine of $5,000. Special Meeting Minutes Administrative Appeals Board December 1, 2021 City of Palm Springs Page 6 OTHER BUSINESS: 8. DISCUSSION REGARDING OUTREACH TO INFORM RESIDENTS OF VACATION RENTAL REGULATIONS The Board discussed ideas to provide more information to the public on the City’s Ordinance and the Board’s role regarding appeal hearings. 9. BOARD MEMBER COMMENTS AND REQUESTS: None. 10. CITY ATTORNEY’S REPORTS AND COMMENTS None. 11. CITY CLERK’S REPORTS AND FUTURE MEETING DATES Chief Deputy City Clerk Lomeli provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 8:06 p.m. Respectfully submitted, Monique M. Lomeli, CMC Chief Deputy City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: __/__/____