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HomeMy WebLinkAboutNon Agenda - Public CommentAnthony Mejia From: Darrin Pelkey <darrinpelkey@aim.com> Sent: Tuesday, December 7, 2021 9:21 AM To: City Clerk Subject: Pickle Ball Courts Palm Springs NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello This is in regards to the proposal for more public pickle ball courts in Palm Springs. As a resident of Movie Colony I would like to see more Pickle Ball public courts. I use the courts at Demueth Park at least twice a year. As our society gets back to normal and the sport gains popularity the wait times have increased during the most popular times of the day. The sport certainly promotes exercise as well as community. I think more courts would be well used in Central or on the North end of Palm Springs. Darrin Pelkey 1 `L-a/- 2d 71 conq Ak o- »M No."-r & Anthony Mejia From: Julie Zalikowski <amgenrocks@yahoo.com> Sent: Monday, December 6, 2021 12:47 PM To: City Clerk Subject: pickleball NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Sir/Madam, Please consider adding 12 new lighted pickleball courts in Palm Springs. We support the community initiated proposal to the Measure J Commission to construct these courts. Please feel free to distribute my email to all City Council members, and each member of the Measure J and Parks and Recreation Commissions. Thank you Julie Zalikowski v"I i G TEEM NO. 0OY� C/�- Anthony Mejia From: Connie Faipeas <connief50@gmail.com> Sent: Monday, December 6, 2021 12:51 PM To: City Clerk Subject: Pickleball courts NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Sir or Madam, I can't think of anything that projects the image of a vibrant city more than watching residents engaging in the happy, healthy, and social activity of pickleball. As it is an activity than one need never "age out of it helps older adults stay active and prevents isolation. And I've never known of an activity that is so conducive to the mixing of age groups. That's good for everyone. I'm writing to ask that you consider the proposal to use Measure J funds to build state of the art pickleball courts in Palm Springs. Once built, it is very low cost to maintain. Locals, snowbirds, and weekend visitors will all benefit and that benefits our community. Thank you for your time. Please pass this on to council and commission members. Connie Faipeas 4831 B Winners Cir. North Palm Springs, Ca. 92264 907-440-1487 i2-°l-ZUZI IThm No. Anthony Mejia From: Sent: To: Subject: Gale/John <galejohn3@gmail.com> Friday, December 3, 2021 6:40 AM City Clerk More Pickleball Courts Please! NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. I want to express my strong belief that Palm Springs could use more pickleball courts. This is the fastest growing sport in the United States and all age groups are now joining this highly popular sport. Please consider approving and building more courts in the City of Palm Springs. Thank you, John Walker 217 Villorrio Drive East Palm Springs 92262 1 Anthony Mejia Subject: RE: Public Comment -Open an inspection for Golden Sands Mobile Home park From: Yesi Ruiz <yesir8914@gmail.com> Sent: Saturday, December 4, 20218:44 AM To: City Clerk <CityClerk@palmspringsca.gov> Subject: Public Comment -Open an inspection for Golden Sands Mobile Home park NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Send an inspector to check ir regulation on the parking lot and housing. There have been several fires do to gas lines and power lines that the parking owner, manager, maintenance guy doesn't take care of it. No speed signs. Fire lines are always block. 1 lt-CJ-10,z( ~wb\ic,. CDW\~ ITEM NO . .h\QD,;:;_~~ p • .:;."'~~ _. :'-.. -... ~ -~ ~- 2 3 4 Anthony Mejia From: Sent: To: Subject: sally schliesmann <docsal88@gmail.com> Monday, December 6, 2021 7:19 AM City Clerk pickle ball courts NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To the PS City Clerk: Please consider adding 12 new lighted pickle ball courts in Palm Springs. We support the community-initiated proposal to the Measure J Commission to construct these courts. Please distribute my email to all City Council members and each mem her of the Measure J and Parks and Rec Commissions. I am an eleven-year full-time PS residen. Pickle ball is such a valuable asset to our community, both for locals and for tourism. Thank you. Sally Schliesmann Palm Springs 1 Anthony Mejia From: Sent: To: Subject: Thomas Ledwith <thomas_m_ledwith@yahoo.com> Monday, December 6, 2021 10:00 AM Lisa Middleton; Geoff Kors; Grace Garner; Dennis Woods; Christy Holstege; Anthony Mejia City councils should end 10 pm NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To All, Yes, the city council should end the meetings at 1 0pm .Important and not easy topics are at the "end" of agenda , why is that ? My guess is the city council would like to avoid "push back " . Sincerely, Thomas M Ledwith Palm Springs,Ca Sent from my iPhone 1 Anthony Mejia From: Mike Shiplett <mshiplett4@gmail.com> Sent: Tuesday, December 7, 2021 4:40 PM To: City Clerk Subject: Tennis courts and the pickle ball expansion proposal NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please share this with the City Council, the Measure J Commission and the Parks and Recreation Commission. As a tennis player, a certified professional tennis coach, and a tennis instructor of Palm Springs, I am not in favor of current, standing tennis courts in Palm Springs being converted to pickle ball courts. Creating a pickle ball court out of an existing tennis court eliminates the use for tennis. Spray painting lines on an existing tennis court ruins the tennis court. The pickle ball community has been aggressive with their attempts to take away from the tennis community of Palm Springs. I am not in favor of Ruth Hardy Park, or any other tennis court park or tennis area, being converted to pickle ball courts. I am in favor of the pickle ball community finding land to build their own courts. They have Demuth Park specifically for pickle ball, and there are other places down valley that they can use. Palm Springs, and Ruth Hardy, are famous and glorious for tennis, thanks to the BNP and Indian Wells. Mike Shiplett c-� 12 —C1- Z o Z1 1' l.V1a1 -L— GU ytr\yyxe ITEM NO. � � n - "N.1 `e Y-YlC-- Anthony Mejia Subject: RE: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs From: City of Palm Springs <palmspringsca@enotify.visioninternet.com> Sent: Wednesday, December 8, 202110:27 AM To: City Clerk <CityClerk@palmspringsca.gov>; Anthony Mejia <Anthony.Mejia@palmspringsca.gov> Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Full Name/Nombre Lynn Dowling City of Residence/Ciudad de residencia Palm springs, Phone (optional) /Telefono (opcional) 7605347139 Email (optional/opcional) dowling452@aol.com Your Comments/Sus comentarios We love plam springs but just a few things that I have issues with. Broken glass on sidewalks and trash left behind by the homeless. We walk our dog's on the side walks and are always dodging glass. Maybe have a community clean up day on the streets. The uncompleted hotel in downtown PS is such an eye sore. I say if not completed rip it down. It is the worst thing you could ever build there and not complete. Plus some trash barrels along Beldaro would be great no where to dump your dog waste. Thank You Thank you, City of Palm Springs This is an automated message generated by Granicus. Please do not reply directly to this email. ITEM NO.guC/f BUG. Anthony Mejia From: Kurt Cyr <kurt@kurtcyr.com> Sent: Thursday, December 9, 2021 2:59 PM To: City Clerk Subject: Bel Air Greens - URGENT Importance: High NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, Mayor and City Council, I am opposed to changing the designation of Bel -Air greens from open space to development. I ask that this be shared with the entire Planning Commission and City Council. We must keep Bel Air Greens open space, not developed. Sincerely, Kurt Cyr KURTCYR DESIGN SERVICES e: kurt@kurtcyr.com c: 818 903 0058 w: kurtcyr.com 1 Z- 01-2r2t Anthony Mejia From: Daniel Starr <dstarrmet@yahoo.com> Sent: Thursday, December 9, 2021 3:00 PM To: City Clerk Subject: Bel Air Greens INOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please do not change the land designation from Open Space to Development. We need more open space within our community, not more development. The project to turn this land into a nature preserve that all (young and old) can enjoy is ready to go. Please do not derail it. Sincerely yours, Daniel Starr 3586 Date Palm Trail Palm Springs CA 92262 dstarrmet@yahoo.com 12`�I-�Z1 TEEM NO. ��� Anthony Mejia From: Alex Gildzen <alex_87505@yahoo.com> Sent: Thursday, December 9, 2021 3:48 PM To: City Clerk INOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. City Council and Planning Commission: Do NOT allow the owners of Bel Aire Greens to change the designation from open space to development. It is critical for the future of our city that this land be preserved. Alex Gildzen Palm Springs �ubl �c, co mm�►� Anthony Mejia From: Greg Gehrich <greggehrich@gmail.com> Sent: Thursday, December 9, 2021 3:44 PM To: City Clerk Subject: Please share this letter with the entire Planning Commission and City Council NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Do not let this happen URGENT ALERT! Despite Oswit Land Trust working towards purchasing Bel Air Greens including: receiving willing seller letter doing an EXTENSIVE grant request and presentation to the state that resulted in the approval of a 4 MILLION dollar grant! creating a restoration team from UCR Once again, the leaseholder of Bel Aire greens is trying to change the land designation so he can develop vs selling to us for appraised value. We can't let this happen! Please write to the city ASAP and tell them you are opposed to changing the designation of Bel -Air greens from open space to development. Ask that your letter be shared with the entire Planning Commission and City Council. If this leaseholder gets this approval, our opportunity to purchase this land and create an exceptional Nature Preserve and Botanical garden will be gone forever (and the other golf courses will follow suit!) Write cityclerk@palmspringsca.gov Greg Gehrich 858.779.4602 My 2020 Photos My 2019 Photos v -z "-R) L byy\wQA 1 ITJ MNO.!��1q��� Anthony Mejia From: Bonnie Ruttan <bonnieruttan@gmail.com> Sent: Thursday, December 9, 2021 4:16 PM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please share this letter with City Council and the Planning Commission We're both opposed to changing this land designation from open space to development It would be tragic to loose the opportunity to have this land created into a natural preserve Cordially Bill Ruttan Bonnie Ruttan 1111 Abrigo Rd Sent from my iPad 12-�-2oZt G C.b_YAl'- QN�(�- Anthony Mejia From: Laurence Colton <laurenceacolton@gmail.com> Sent: Thursday, December 9, 2021 4:40 PM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. To whom it may concern: We are twelve year residents of Palm Springs. Like so many we were drawn to Palm Springs and Coachella Valley for it's natural beauty, access to outdoor recreation and vibrant community. When we lived in South Palm Springs we were witness to the possibility of having a beautiful canyon, accessed by many, almost become a development track with over 300 homes. Fortunately, and thanks to the hard work of Oswit Land Trust volunteers, this beautiful patch of desert, which is hiked and admired by thousands, was saved. Generations to come will be the beneficiaries of the Land Trusts hard work. A true legacy. The leaders we elected were applauded and recognized for helping a dream become a reality. They received rightful recognition for being an important part of conserving Oswit Canyon. Palm Springs now has the opportunity to transform an underused and fairly neglected golf course into a nature preserve. Although this is presently a public course think of the number of golfers presently served verses the number of residents and tourists who will seek out this bit of freed open space to appreciate the wonders of nature right in our backyard. Our valley has no shortage of public and private golf courses. It is up to us, the current residents of Palm Springs, to think not only of ourselves but of the generations to follow. Would we rather see another housing development or build and conserve a natural landscape that hundreds of thousands of people will enjoy? You only need to look around to see the number of new residential housing developments currently being built. If we fail to save just a small piece of our desert habitat for residents and tourists to enjoy we diminish our collective quality of life in favor of short term profit for a developer. One only look around at empty commercial spaces throughout Palm Springs to see the result of prior decisions. Please take a stand to support this amazing project that has already received financial support from the State and wide support from the community. Let's put quality of life above short term gain. Let Palm Springs be known and remembered for honoring our land and our people. Thanks for your consideration. Laurence A. Colton 11Z- 4�1- 20131k ywo % L CO AA YM1U "-vIAC11—rM-,,n NO. Anthony Mejia From: Eileen Stern <estern839@gmail.com> Sent: Thursday, December 9, 2021 5:33 PM To: City Clerk Subject: Bel Air NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Mary and Eileen Stern are opposed to changing the designation of Bel -Air greens from open space to development. Please share this with entire Planning Commission as well. As many of you know, we were in favor of maintaining the Tahquitz Legends course, but do not support more development when that land can be converted to a beautiful preserve as envisioned by Oswit Land Trust. Thank you Eileen and Mary Stern Eileen Stern 64460 Via Amante Palm Springs, CA 92264 760-322-7063 H 760-408-2838 C Anthony Mejia From: Sam Gillison <sam.gillison@gmail.com> Sent: Thursday, December 9, 2021 5:57 PM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Sir or Madam, I am writing to voice my deep opposition to the City of Palm Springs changing the designation of Bel -Air Greens from "open space" to "development." This property must be kept open space! Please share this email with the Planning Commission and City Council. Sincerely yours Samantha Gillison La Quinta, CA l2 mil' /.UZ I Anthony Mejia From: David Robertson <desertdave521 @earthlink.net> Sent: Thursday, December 9, 2021 6:59 PM To: City Clerk Subject: Bel Air Greens Open Space vs Development NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. City Clerk, Please share the following with the Palm Springs Planning Commission as well as the City Council: It's my understanding that after good faith efforts on the part of Oswit Land Trust to purchase Bel Air Greens for purposes of establishing a nature preserve and botanic garden, it appears the leaseholder is now wanting to change the land designation from "Open Space" to "Very Low Density Residential". I, personally, am opposed to the land designation of the former Bel Air Greens golf course being changed in this way. This is a rare opportunity for Oswit Land Trust and the city to work towards enhancing this open space for the benefit of the environment, the flora and fauna, and the general citizenry to appreciate and enjoy. This can be a world -class preserve capable of attracting educators, scientists, students, and tourists alike to study and learn what makes this desert area unique and special. Be a catalyst for helping to make this a reality. Please do not allow the proposed change of land designation to be approved. Thank you, David Robertson Palm Springs, CA 12-cv%v 044 toWTI4/4- �. ��..�)W - Ww'n'- Anthony Mejia From: Terence Kissack <terencekissack@gmail.com> Sent: Thursday, December 9, 2021 9:29 PM To: City Clerk Subject: I am opposed to changing the designation of Bel -Air greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Friend, Please share this letter with the entire Planning Commission and City Council. The leaseholder of Bel Aire greens is trying to change the land designation from open space to development so he can develop the property! We can't let this happen! If this leaseholder gets this approval, the opportunity to purchase this land and create an exceptional Nature Preserve and Botanical garden will be gone forever (and the other golf courses will follow suit!) best, Terence Kissack 360 E Avenida Olancha Palm Springs, 92264 12-/"-.- 2v2r �b� ► G C.bm n���— TTI~.M NO. �o� ' Anthony Mejia From: joanne stoecker <jmstoecker@msn.com> Sent: Thursday, December 9, 2021 10:26 PM To: City Clerk Subject: Opposition to proposed Designation - Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Council As residents of Palm Springs we are opposed to changing the designation of Bel -Air greens from open space to development potential We understand there is a proposal from Oswit land trust preserving the area. We are hopeful the land preservation can be achieved for our community to enjoy and interact with land, nature and others. As Palm Springs residents, we see water and land conservation as key to long term community survival. It is essential the city preserves open spaces for the greater good of our shared communities. Any Development On open spaces will provide no long term benefit to our local communities and negatively impact water supply. Please share our message with all your colleagues at Planning Commission and City Council. We look forward to your response Thank you, Joanne Stoecker Raymond Trantina Pasatiempo road Palm Springs CA - (,c _qb� eu)6111 (, Dm r►rQAJ- YMM No. � - eA ` Anthony Mejia From: Paula Waldoch <paulainps@icloud.com> Sent: Friday, December 10, 2021 6:21 AM To: City Clerk Subject: Please don't let this happen! NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. We are a progressive city, let's do the right thing ! Thank you ! MWU24�—I- rpm NO. LU(N— N&4— Anthony Mejia From: Janet Moore <jl2dalu@hotmail.com> Sent: Friday, December 10, 2021 6:23 AM To: City Clerk Subject: Bel air greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. I'm sending to say I oppose the designations of Bel Air greens from open space to be development. Please share this to planning commission and city council. Thank you, Janet Moore Sent from my T-Mobile 5G Device tA ITEM h'0. ) n Anthonv Meiia From: Mark Fichandler <Mark@studio-fichandler.com> Sent: Friday, December 10, 2021 7:48 AM To: City Clerk Cc: Grace Garner; Dennis Woods; Geoff Kors; Christy Holstege; Lisa Middleton; Anthony Mejia; Llubi Rios Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Planning Commission and City Council of Palm Springs, I'm writing regarding Bel -Air Greens, and the attempt by the leaseholder to change the land designation from open space to development. As a member of the Oswit Land Trust, we are working towards acquiring the Bel -Air Greens to create a nature preserve, in line with the current open air designation. We have received a willing seller letter and a grant from the state for a $4million for Bel Air Greens Floodplain Protection Project. Please do not allow the change from open space to development for this property. I am not anti -development, but feel there are so many other, more appropriate lots where development would be an improvement, but certainly not here. Please share this note with the Planning Commission. Thank you very much, Mark Fichandler 917-887-7742 ITEM NO. �- Anthony Mejia From: Cathie McCullough <cathiemcculloughl@gmail.com> Sent: Friday, December 10, 2021 8:03 AM To: City Clerk Cc: Cosette R. Simon Subject: Concerns About Bel -Air Greens Land Designation NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. I am a Palm Springs property owner and I am strongly opposed to changing the designation of Bel -Air Greens from open space to development. Please share my concerns with the entire Planning Commission and City Council. Thank you. Catherine McCullough 1529 S Calle Palo Fierro Palm Springs, CA 92264 Qwbli � com- 1TEM NO. N —on—da-0- Anthony Mejia From: Cosette Simon <cosysimon@gmail.com> Sent: Friday, December 10, 2021 8:14 AM To: City Clerk Subject: Concerns About Bel -Air Greens Land Designation NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. On Dec 10, 2021, at 8:02 AM, Cathie McCullough <cathiemcculloughl@gmail.com> wrote: Good morning. I understand that there is a request to change the designation of Bel -Air Greens from open space to development and that this request is up for debate and action. I am a Palm Springs property owner and I strongly oppose this property receiving the designation of "development". We have an opportunity to preserve this as green space for future generations. We only have one shot at this and if we do so it will add to the long term health of our community. Changing the designation to development will negatively impact the health of our community - more cars, more demands on infrastructure and services and less green. Please reject this request. Please share my concerns with the entire Planning Commission and City Council. Thank you. Cosette Simon 1529 S Calle Palo Fierro Palm Springs, CA 92264 1Z- ol- Zbv Pik rrF,M NO. fi�.� Anthony Mejia From: Hugh Wakeham <sponsorshipmarketinggroup@gmail.com> Sent: Friday, December 10, 2021 8:15 AM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello, I am writing to express my concern about the prospect of the development of Bel Air Greens. I strongly support the preservation of this land as much needed green space for use by citizens of Palm Springs and visitors alike. Please share my concern with the members of City Council. Thank you. Regards, Hugh Wakeham J/L-q-/WM V(kAiG CbMyVV/ ITEM No. I Anthony MeH From: Todd Dwyer <dwyertodd@gmail.com> Sent: Friday, December 10, 2021 9J4 AM To: City Clerk Subject: I support changing the land designation of Bel -Air greens! NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Friends, Please share this letter with the entire Planning Commission and City Council. Please allow the leaseholder of Bel Aire greens to change the land designation from open space to development so he can develop the property! it will be a great development, bringing in much needed income from the real estate taxes and will bring employment opportunities. Love the idea of much needed housing. Todd Dwyer PO Box 493 Palm Springs CA 92263 rrFnrxa.. Qq'l� Anthony Mejia From: Gregory Moore <moore.unwin@icloud.com> Sent: Friday, December 10, 2021 11:00 AM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk I ask you to please share this email with the City Council and Planing Commission members. Regarding Bel Air Greens application to change the land designation from open space to development, I oppose this request. We have so little open space remaining in Palm Springs, it's important to preserve land whenever possible, for not only us but future generations. Thank you for your consideration. Gregory Moore, 2169 Marabella Ln, 92264 Sent from my iPhone f6L)w1'GUMW4rJ- UEM NO. 0 0 -11" Nan-, &-- Anthony Mejia From: Mark Littlewood <mblinps@gmail.com> Sent: Friday, December 10, 2021 7:41 PM To: City Clerk Subject: Bel Aire Greens land use designation NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Clerk, please provide a copy of my message to all Palm Springs City Council Members and Planning Commission Members. Dear Palm Springs City Council Members and Palm Springs Planning Commission Members: Despite Oswit Land Trust working towards purchasing Bel Air Greens including: *receiving a willing seller letter *doing an extensive grant request and presentation to the state resulting in the approval of a 4 MILLION dollar grant for this purchase! *creating a land restoration team from UCR The leaseholder of Bel Aire greens is requesting a change to the land designation from open space to development so he can develop vs selling to Oswit Land Trust. If this leaseholder receives your approval, Oswit Land Trust's opportunity to purchase this land for the public good to create an exceptional Nature Preserve and Botanical garden will be gone forever. (and the other failing golf courses may follow suit!) Thank you for your consideration for protecting open land within our city. Mark Littlewood 715 Scenic View Palm Springs CA 92264 Anthony Mejia From: Agosta, Lucien L <agosta@csus.edu> Sent: Saturday, December 11, 2021 2:52 PM To: City Clerk Cc: Bettina Rosmarino Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk I am writing in regards to the future of Bel Air Greens (LP Project Case No. Pre-App 21-005), and I am asking you please to forward my letter to the members of the City Council who will be deliberating the future of this strategic property. I am asking that the City Council do what it can to facilitate the acquisition of Bel Air Greens by the Oswit Land Trust for the benefit of the citizens of Palm Springs. That will involve the first step of denying a change of zoning designation of this property from open space to allow for development. Oswit Land Trust has proven itself a successful custodian of environmentally sensitive spaces. They've already started the process of purchasing Bel Air Greens for the benefit of the citizens of the city and for the preservation of many migratory birds and raptors now denied the haven of the Salton Sea. Certainly Palm Springs will benefit from more open spaces, and the Oswit Land Trust's plans to make this an open park including a botanical garden (with professional input from specialists from UC Riverside) will be an asset the city should not pass up. Does Palm Springs really need more dense infill? The council has already expressed impatience with 4 other infill projects that have stalled and are in limbo. Given the current problems with supply lines, shaky finances for many builders, and uncertain Covid outcomes, is it really wise for the city to allow yet more risky building ventures, especially as golf courses in the area continue to operate only marginally. Those courses seem set for development. At least spare Bel Air Greens which over the last ten plus years has reverted to a beautiful natural terrain ready to be transformed into a park and botanical garden. In closing, I hope the Council will not pass up an opportunity to save this beautiful tract of land in the city for the benefit of the citizens of Palm Springs. Allowing Oswit Land Trust to acquire and maintain this tract will help to keep Palm Springs from becoming yet another little Los Angeles.... Best, Luc Agosta 3690 Torito Circle Palm Springs, CA 92264 agosta@saclink.csus.edu 916-802-6746 nM-u rota. " w Anthony Mejia From: warner graves <warnersf@yahoo.com> Sent: Sunday, December 12, 2021 6:08 AM To: City Clerk Subject: Bel Air greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please share with entire Planning commission and City Council - I am writing to voice my opposition to any change in the land designation of Bel Air Greens from open space to developable land. We have before us a rare opportunity to create a much needed urban park for the city of Palm Springs. The benefits of the proposed park and nature center far outweigh any thing offered by Bel Air Greens leaseholder. The City of Palm Springs is known for innovation and the idea of creating Coachella Valleys own equivalent of New York's Central Park or San Francisco's Golden Gate park will be remembered by future generations as an act of brilliance. Thank you for your time, Warner Graves 68462 Indigo Lane Cathedral City warnersf@yahoo.com {l ct-lbu 'b 1 ��. Cbmrue,�— ITEM NO. Anthony Mejia From: Daniel Logan <loganscloud@gmail.com> Sent: Sunday, December 12, 2021 9:27 AM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. To whom it may concern: I am writing to you and hoping that you share this email with the entire Planning Commission I have lived in Palm Springs for 6 years and since that time the Bel Air Greens property has been an abondened eye sore to our community. I'm not schooled in how all these things work but clearly it seems someone is neglecting this property and has demonstrated no pride for our community. It is my understanding that the owner of this property wants to change the status of this land to "development" from "open space". Again, I'm not schooled in how all government entities share in the responsibility of keeping our community to the quality we have all grown to admire and expect but it seems to me allowing someone to profit after much neglect is not a message we want to send. We have several properties around town half developed, abandoned and one sitting with burnt buildings and in the long run I do not think this is good for our city. I know it is complicated and many have done their best to resolve these eye sores around town however we do have an option to keep this property as "open space", have invested individuals in charge of caring for the property and focus a shift from a money grab to demonstrating we are here to value and restore, keep the bar high and preserve land for the habitat and enjoyment of all to use. I hope the Planning Commission will look toward the future and see the value of preservation, natural beauty and open space as a value to all. Thank you for considering my views and thank you for having a vision for 50 years from now when the current planning commission members will say, "they did it right". Sincerely, Daniel Logan Iz q-q&ZA NUIllu (fimwa+ rmm No.N� bV-Vw Anthony Mejia From: Beth Friedman <bethfriedman@msn.com> Sent: Sunday, December 12, 2021 1:51 PM To: City Clerk Subject: Bel Aire Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, I would appreciate it if you would forward this communication to all members of the City Council and the Planning Commission. I stand behind the efforts to make Bel Aire Greens a nature preserve and botanical garden. Please do not allow a change in the zoning designation that would permit development of this irreplaceable asset of our community. Beth Friedman 2379 Oakcrest Drive Palm Springs, CA 1 Z- �-fit �wb1iU CbmI 1 5 ITEM NO. _L�l:Lll � U� Tiffani Bailey From: Sent: To: Subject: Follow Up Flag: Flag Status: Agenda Correspondence Anthony J. Mejia, MMC City Clerk Anthony Mejia Tuesday, December 14, 2021 8:53 AM Tiffani Bailey FW: Bel Air Greens Flag for follow up Flagged From: Kathlene Ercoli <kmercoli@gmail.com> Sent: Monday, December 13, 2021 5:18 PM To: City Clerk <CityClerk@palmspringsca.gov> Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, I am very disappointed to receive the information that the Bel -Air Greens is once again looking into changing the designation from open space to development. I had hoped that battle was over. I have lived in the Los Compadres neighborhood for over 30 years and share the concerns that this would not be an asset to the community on so many levels. Please share my concerns with the Planning Commission and the City Council. Very Sincerely, Kathlene Ercoli Los Compadres Neighbor 2� �Vdpl I C' CU WWV-*_A Ti � � NO. � y r `_-__.�� I [.'v'— Tiffani Bailey From: Anthony Mejia Sent: Tuesday, December 14, 2021 2:32 PM To: Tiffani Bailey Subject: Fwd: no rezoning on Bel Air Greens Agenda Correspondence Anthony Mejia City Clerk Begin forwarded message: From: michele johnson <33mich@sbcglobal.net> Date: December 14, 2021 at 1:59:04 PM PST To: City Clerk <CityClerk@pal mspringsca.gov> Subject: no rezoning on Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please pass this on to the Planning Commission & City Council. Thanks. Please do NOT rezone Bel Air Greens. We have so little open space as it is we can't afford to lose this too. As an adjacent neighbor I am TOTALLY in favor of making it a desert preserve that can remain a living or resting area for birds and wildlife and be enjoyed by the entire community. There could be horse trails for Los Compadres so they don't have to use sidewalks or the street, hiking trails, horticulture lectures, bird watching and so much more. We need that open space here, where it is, not off on some mountain so no 'in lieu of. Development would be a crime. The surrounding streets are only one lane with enough traffic on them now. They can't handle 100s more car trips every day. That would destroy the views, peace and somewhat quiet we enjoy now. Everything is in order for that to become Mesquite Desert Preserve. Please let that happen. Sincerely, Michele Johnson Palm Springs 92264 vL-CA-"V2 �U l� Como 11'WI xO. eri- Tiffani Bailey From: Anthony Mejia Sent: Tuesday, December 14, 2021 8:43 AM To: Tiffani Bailey Subject: FW: More & Better Pickleball Facilities Needed Follow Up Flag: Flag for follow up Flag Status: Flagged Agenda Correspondence for 12/09 non -agenda. Anthony J. Mejia, MMC City Clerk From: T Santora <trsantora@yahoo.com> Sent: Tuesday, December 14, 2021 8:23 AM To: City Clerk <CityClerk@palmspringsca.gov> Subject: More & Better Pickleball Facilities Needed NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, Please share this message with the City Council, the Measure J Commission and the Parks and Recreation Commission. The incredible growth of pickleball in Palm Springs (and the rest of the country) is well documented and self-evident by simply visiting Demuth Park on almost any day of the week, but especially on weekends. The current twelve courts there are packed. The recent additions of sign-up boards was long overdue, but hardly adequate for the number of people turning out. The whiteboard system is helpful, but wasteful. The number of pens and erasers we go through weekly is ridiculous. A paddle rack (or racks) would be more efficient and create zero waste. In addition, there should be wind barriers attached to the fencing around the perimeter of the courts, not just on the west side. These would not only improve wind conditions on the courts, but provide a modicum of shade during hotter days, and beautify the courts. We can't avoid the awful odors of the treatment plant next door, but at least we wouldn't have to look at it! And finally, moveable barriers between the courts are needed to decrease the interference and danger from wayward balls rolling between the courts. Bottom line, what's really needed are more courts! Ideally, more courts could be built at other locations so the benefits of the game can be more easily accessible to all city residents. But wherever they may be, more courts are needed, and soon! Thank you for your consideration. T Santora 184 Via Huerto Palm Springs, CA 92264 �P�, b� i � CD � v v ��, ►�-- n,EM NO. �� U L � ��1► K�(/� Anthony Mejia From: Barbara Cooper <bcooper@sonic.net> Sent: Wednesday, December 15, 2021 10:52 AM To: City Clerk Subject: Keep the zoning GREEN NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Council Members, and Planning Commission, Oswit Land Trust wants to create a Botanical Preserve, and Park on an old golf course site that has been left to return to nature by the lease holder for over ten years. I have walked on this site, it is beautiful, and would be an incredible asset to the City of Palm Springs. What we don't need is another abandoned housing project. We know that the nature preserve and wildlife garden will not only be enjoyed by this generation but generations to come. Trees, and green space are combatants to climate change and air pollution, something that should be the # 1 concern of this community, and the viability of the desert. As I drive through this city I see housing projects that have been sitting untouched for over 5 + years, Vacant business space, unleased commercial space, abandoned banks and restaurants. Those buildings and projects should also be the priority for this Council. I am absolutely opposed to any housing development or zone change of this property. Allow the land to become a city gem, and sanctuary. Thank you, Barbara Cooper �U 1 G iV1QiK.L— ITEM No. &\- �' Anthony Mejia From: Linda Odette <Irodette@gmail.com> Sent: Wednesday, December 15, 2021 7:31 AM To: City Clerk Subject: Pickleball Courts NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please consider adding 12 new lighted Pickleball courts in Palm Springs. We support the community initiated proposal to the Measure J Commission to construct these courts. Please distribute my email to all City Council members and each member of the Measure J and Parks and Recreation Commissions. Thank You, Linda Odette, Resident of Palm Springs Sent from my iPad tq- Ct- q02( �wbE1(' GoMmw-f-- ITEc N0. ko�A—J1h16- - Dec 12, 2021 Llubi Rios Executive Administrative Assistant Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, California 992262 Attention: City of Palm Springs Planning Commission and Council Members Dear Members of the Palm Springs Planning Commission and City Council The Land Preservation Group of the Home Owners Association of New Mesquite in Palm Springs would like to share with you our thoughts for the future vision of the Mesquite Golf Course. We have a vested interest in this issue as our residences are bordering the golf course. As you may anticipate, we strongly oppose the concept of high density development next to our idyllic property. Alternatively, we submit to you that our thoughts embrace those of conservation and preservation, which we believe would convey an interest in a much healthier community and environment. There are a multitude of factors that substantiate our reasoning. A natural preserve would provide our city with a unique character, together with an emphasis on progressive thinking and forethought. It would provide a more appealing and peaceful environment to nurture a more livable community. The educational benefits for all age groups would allow everyone to actively be involved in conservation and protection of our natural biodiversity. Economically the extraordinary community of Palm Springs would benefit from increased property values in view of the fact that we have provided a vibrant and livable milieu of community pride. Walking and bicycle paths would draw visitors to meet and interact socially. We would like to impress upon our council members that this issue is one of moral obligation to make Palm Springs viewed as an innovative community, one of which we can be proud. Yours truly The Land Preservation Group of the New Mesquite Home Owners Association Roxanna Bryant Rick Bryant Sylvia Deines 12-61' Zd'ZA,�— rrEzv� N�.1� Un-1?�. Anthony Mejia From: Bettina <brosie96@yahoo.com> Sent: Wednesday, December 15, 2021 8:36 AM To: City Clerk Subject: Please do not approve Bel Air Greens development NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, am writing in regards to the disposition of Bel Air Greens (LP Project Case No. PRE-App 21-005). Please share my letter with the entire city council as well as the planning commission members. I'm writing to request that the city does not change the zoning designation of Bel Air Greens to allow for development. This property is currently and has been utilized as a wildlife corridor for many years. Oswit Land Trust has already put into motion the gears to purchase the property. The leaseholder is trying to circumvent that process so that he can pack in houses to maximize profit. There would be many problems as well with development here as over the years it has served as a floodplains for the wash. Oswit Land Trust would build a nature preserve and botanical garden which would serve all members of the community including elderly and disabled and low income who would be able to utilize the property and its walking paths. Please help Oswit Land Trust to create this beautiful nature preserve in the heart of Palm Springs. Thank you for your time. Bettina Rosmarino www.oswitlandtrust.org Q-9- w2k V(Lbli C, Gbmr� Anthony Mejia From: pjwtx@att.net Sent: Tuesday, December 14, 2021 6:34 PM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, I am writing in regards to the disposition of Bel Air Greens (LP Project Case No. PRE-App 21-005). Palm Springs really do not need additional housing - especially in Bel Air Greens. I am supportive of the mission of Oswit Land Trust and know they have been working in good faith to obtain this important plot of land in central Palm Springs. The owners had sent a willing seller letter, OLT has been able to acquire grants and created a restoration team. The vision of a nature preserve was close to realization. Please do not change the land designation of Bel Air Greens. Palm Springs could benefit from the added eco-tourism a nature preserve would provide and it would be of greater value to the residents of Palm Springs than to short term profits of a developer. There are better locations for housing development. We can't loose open space for both the (tax -paying) residents and potential (money spending) tourists. Please forward my email to the members of the City Council so they know my opposition to the Bel Air Greens change in designation. Let Oswit Land Trust continue in their vision for a great asset to the city. Thank you for hearing my voice. Paul J Wilkinson 832-465-4748 plwtx(aD_att. net JW)A i U C"WwWw � rMN1 NO. br'- P Anthony Mejia From: Jeffrey Salas <jeffreysalas100@gmail.com> Sent: Wednesday, December 15, 2021 11:06 AM To: Anthony Mejia Subject: Solving the Homeless Crisis in Palm Springs NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Anthony, Please take the time to watch the video I created to address homelessness in Palm Springs. I posted it last night. https://youtu.be/4KWNRA-MLNE Thank you, Jeff Salas Restaurant Manager 760-567-8744 �_ ZoZ� �tkmk l2- G ubW\.„"vo-A- rMM NO. VVW L t Anthonv Mefla From: Robert Porter <rcp888@yahoo.com> Sent: Thursday, December 16, 2021 12:54 PM To: City Clerk Subject: I oppose changing the designation of the former Bel Air Greens Golf Course in Palm Springs from Open Space to Development NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please share this email with the entire City Planning Commission and the entire City Council. Thank you! Please do not approve the request to change the designation of the former Bel Air Greens Golf Course in Palm Springs from Open Space designation to development. One of Palm Springs' best attributes is its many open spaces, which allow for recreation, better air quality, animal and nature conservation, less stress, and less traffic, and which help maintain the city's wonderful beauty. The Bel Air property is an oasis of green space in an otherwise densely populated area packed with houses and roads and speeding cars. I live in the Los Compadres neighborhood next to Bel Air Greens, and we cherish it on our daily walks and every time we drive by. It is an island of peace in an otherwise fast moving city. We don't want Palm Springs to lose what gives the city its charm and unique small-town quality and what differentiates it from Rancho Mirage, Palm Desert, and Cathedral City, which are full of shopping malls, fast moving traffic, and high -walled, self -isolating gated housing communities. Please help Palm Springs retain its relaxed, small-town, traditional atmosphere. This is an important reason why people come here as tourists or to live. Palm Springs has a much more welcoming atmosphere than neighboring cities and towns because of its unique qualities. For many reasons Palm Springs needs more open spaces, not fewer. Such spaces help the city and state meets its goals to slow global warming. Conservation of Bel Air Greens as Open Space will preserve a key parcel of open space that connects the open spaces of the Mesquite and the Tahquitz Canyon golf courses. If dense housing is built on Bel Air Greens, Palm Springs will lose a unique and special large open swath of land forever to more traffic, pollution, stress, and destruction of the natural environment. Please reject the lease -holders request to change the designation of Bel Air Greens from Open Space to development. Thank you for listening. Sincerely, Robert Porter Palm Springs 12-�-7,v2t iT1BM NO. �C - Anthony Mejia From: Marcie Bodeaux <marcie.scs@icloud.com> Sent: Saturday, December 18, 2021 6:27 AM To: City Clerk Subject: Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. I support keeping and maintaining both Tahquitz courses as public courses. The public approved bonds to preserve these courses for public golf, it's the will of the people. I oppose changing the designation of Bel -Air greens from open space to development. Please share my support of the keeping the Tahquitz courses and my opposition to rezoning Bel -Air Greens with the Planning Commission and City Council. Thank you, Marcie Bodeaux 2160 Palm Canyon Dr. Palm Springs L L COW rMUI NO. � 8 Anthony Mejia Subject: FW: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs From: City of Palm Springs <palmspringsca@enotify.visioninternet.com> Sent: Wednesday, December 22, 2021 7:51 AM To: City Clerk <CityClerk@palmspringsca.gov>; Anthony Mejia <Anthony.Mejia @palmspringsca.gov> Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Full Name/Nombre Alyson Vogel City of Residence/Ciudad de residencia PALM SPRINGS, Phone (optional) /Telefono (opcional) 6464579704 Email (optional/opcional) sloperalv@gmail.com Your Comments/Sus comentarios What happened to the Legends golf course along the 3rd fairway. The groundskeeper killed the grass for acres of grass along the homeowners fences after giving them an ask to put the same see through fences along Lakeside Dr for the benefit of the golfers and the look of the course. The homeowners all complied and now they all have dead grass to look at in their yards. This is most distressing and seemingly lazy on the part of the crew chief as it makes them look like they don't want to keep up the grass in one single area of the course. We are so upset and feel betrayed for the expense of putting up fencing we can see through that shows such ugliness. This needs to be nipped in the bud and reseeded. Thank you, City of Palm Springs This is an automated message generated by Granicus. Please do not reply directly to this email. 12,- 1- 2D2-k �"�t, G (D nT,m tio. Anthony Mejia Subject: RE: Bel Air Greens Project From: stiffville@sasktel.net <stiffville@sasktel.net> Sent: Wednesday, December 22, 2021 10:51 AM To: Llubi Rios <Llubi.Rios@palmsprinKsca.gov> Subject: Bel Air Greens Project NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. To: City of Palm Springs Office of the Mayor and City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 As an individual homeowner in New Mesquite, I have been following the interest of a high density development for the former Bel Air Greens Golf Course. I wish to express my strong opposition to this project. We know that there are better alternatives to this approach. I feel that designating this as an open space, such as a preserve, would better serve our community and visitors. As we are all aware, the ability to find open, free space within a community is very hard to come across. The ability to develop this project in a form to enhance the community, would benefit all. If a development such as this is allowed, the following are just some of the consequences that would surely occur: * Reduction of open space * Creation of increased housing density * Increase in traffic * Reduction of wildlife habitat * Missed opportunity to see the concept of Mesquite Desert Preserve fulfilled, to the detriment of future generations of residents and visitors. ** Loss of protected and managed natural area ** Loss of educational opportunities for young and old. i.e., plant and animal identification and study, birdwatching, environmental studies ** Loss of recreational opportunities for the young and elderly, i.e., 12-ct' U7A walking, jogging, bicycling * Missed opportunity to connect the Mesquite Desert Preserve to the east of Sunrise with the city's planned Tahquitz Creek Trail west of Sunrise We ask you to please consider our serious opposition on this matter as you evaluate this project. We want only the best for this vibrant community, and for future generations. Best regards, MARK & BRENDA 954B Arlene, Dr. WHITE Palm Springs, Ca z Anthony Mejia From: T Santora <trsantora@yahoo.com> Sent: Thursday, December 23, 2021 8:47 AM To: City Clerk Cc: Reclnfo Subject: More & Better Pickleball Facilities Needed NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please forward this Desert Sun article to the City Council, the Measure J Commission and the Parks and Recreation Commission to accompany my previous comments. Pickleball Points: What makes a great pickleball venue? (desertsun.com) Thank you so much, T Santora From: T Santora Sent: Tuesday, December 14, 20218:23 AM To: Citvclerk@palmspringsca.gov Subject: More & Better Pickleball Facilities Needed Dear City Clerk, Please share this message with the City Council, the Measure J Commission and the Parks and Recreation Commission. The incredible growth of pickleball in Palm Springs (and the rest of the country) is well documented and self-evident by simply visiting Demuth Park on almost any day of the week, but especially on weekends. The current twelve courts there are packed. The recent additions of sign-up boards was long overdue, but hardly adequate for the number of people turning out. The whiteboard system is helpful, but wasteful. The number of pens and erasers we go through weekly is ridiculous. A paddle rack (or racks) would be more efficient and create zero waste. In addition, there should be wind barriers attached to the fencing around the perimeter of the courts, not just on the west side. These would not only improve wind conditions on the courts, but provide a modicum of shade during hotter days, and beautify the courts. We can't avoid the awful odors of the treatment plant next door, but at least we wouldn't have to look at it! And finally, moveable barriers between the courts are needed to decrease the interference and danger from wayward balls rolling between the courts. Bottom line, what's really needed are more courts! Ideally, more courts could be built at other locations so the benefits of the game can be more easily accessible to all city residents. But wherever they may be, more courts are needed, and soon! Thank you for your consideration. 1, �ZY/Y4" EMS TP O. - (1(/1- I l�� T Santora 184 Via Huerto Palm Springs, CA 92264 Anthony Mejia From: psh 864 <psh864@hotmail.com> Sent: Wednesday, December 29, 2021 4:18 PM To: City Clerk Subject: Pickleball courts NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello, I am writing to ask the city to support the building of more pickleball courts. The fastest growing sport in the world is extremely popular in our city and also draws players from all around as tourists. We have a chance to keep up with other cities in offering world class facilities. A little research will show you how other cities in FL, AZ etc are creating beautiful facilities. Please send on the to Measure J commission, parks department and our city council. Thank you. Paul l� q - to b Lace— Anthony Mejia To: City of Palm Springs Subject: RE: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs From: City of Palm Springs <palmspringsca@enotify.visioninternet.com> Sent: Thursday, December 30, 2021 5:54 AM To: City Clerk <CityClerk@palmspringsca.gov>; Anthony Mejia <Anthony.Mejia @palmspringsca.gov> Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Full Name/Nombre Clifford Hopkins City of Residence/Ciudad de residencia Palm Springs, Phone (optional) /Telefono (opcional) 4156023941 Email (optional/opcional) cliffordhopkinsPpmail.com Your Comments/Sus comentarios Dear Council Members, I'm a full-time resident in Indian Canyons. The roads in the neighborhood need to be repaved, especially Murray Canyon Drive. What is the city's plan to improve the roads in Palm Springs? Thank you, City of Palm Springs This is an automated message generated by Granicus. Please do not reply directly to this email. 2V Lei i� wb1,c 1.On144-0to ITi3 P� _ U {A. Anthony Mejia From: malanbrown@aol.com Sent: Thursday, December 30, 2021 11:19 AM To: City Clerk Subject: Please share this with the City Council, the Measure J Commission and the Parks and Recreation Commission. NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. As a tennis player, I am not in favor of current, standing tennis courts in Palm Springs being converted to pickle ball courts. Creating a pickle ball court out of an existing tennis court eliminates the use for tennis. Spray painting lines on an existing tennis court ruins the tennis court. am in favor of the pickle ball community finding land to build their own courts. They have Demuth Park specifically for pickle ball, and there are other places down valley that they can use. Marshall Brown R-1-16u �(Alb �1c,W Anthony Mejia From: STEPHEN MANOOKIAN <noeboyzsf@aol.com> Sent: Saturday, January 1, 2022 5:25 PM To: Anthony Mejia Subject: Ruth Hardy tennis courts NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Happy New Years Greetings from a Palm Springs resident. It is my understanding that a Parks & Recreation meeting is to be held on or about January 24th regarding the much needed PUBLIC TENNIS courts in Ruth Hardy park. These are to my knowledge the ONLY PUBLIC tennis courts available to all PSP residents and to out of town visitors. It would be a TRAVESTY to turn these tennis courts into "pickle ball courts" as there would then be NO PUBLIC courts available. It seems there are already plenty of "pickle ball courts" located at Demuth Park(which used to be functioning tennis courts). Please Keep the TENNIS courts in Ruth Hardy as PURE TENNIS courts and refrain from turning them into "pickle ball courts". Thanks for addressing this concern! Alton Johnson 1263 Otono Drive Palm Springs, CA 92264 Sent from my Wad V M-' Anthony Mejia From: Cathy Campbell <cathyc1808@gmail.com> Sent: Sunday, January 2, 2022 9:39 AM To: City Clerk Subject: Pickleball courts NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please consider adding 12 new lighted pickleball courts in Palm springs. We support the community initiated proposal to the measure J commission to construct these courts. Please distribute my will to all city councul members and each member of messenger and parks and rec commissions. Thank you for your help. Cutters are getting crowded and outdoor play is essential in these times. I.z-9-U-Z1 Anthony Mejia From: Nancie Wingo <nwingo2@gmail.com> Sent: Monday, January 3, 2022 8:32 AM To: Anthony Mejia Subject: Ruth Hardy Park courts INOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello and Happy New Year, I am an avid tennis player who has recently taken up pickleball as well. Writing today to ask that you consider adding pickleball courts vs changing tennis courts to pickleball courts. I know pickleball is enjoying a rapid rise, but tennis is still a strong choice for many. I prefer dedicated pickleball courts but am fine with lines added to tennis courts as an option. I lived in Canyon Sands for a while where they converted two of the six tennis courts to three dedicated courts, leaving. four courts for tennis. This seemed an excellent solution for all residents interested in playing both court games. Thank you for your consideration in this matter. Nancie Wingo 5541 Los Coyotes Drive Palm Springs, CA 92264 nwingo2@gmail.com Anthony Mejia From: Edward Deibert <edwarddeibert@gmail.com> Sent: Thursday, December 30, 2021 8:54 AM To: City Clerk Subject: Bel -Air Greens NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, Planning Commission and City Council - Please provide a copy of this email to the above listed recipients. As a new resident of the Little Beverly Hills neighborhood, I am writing to ask that you deny the application to change the designation of the Bel -Air Greens from open space to development. This city needs more open space in its core. The Mesquite Desert Preserve currently in process will facilitate creating an amazing open space preserve in the middle of the city. This is truly a once in a lifetime opportunity to protect and preserve open space in the city. Changing the designation of Bel -Air will waste that chance. Please save the open space. Please reject this misguided application. Best Regards, Edward Deibert 680 S Beverly Drive Palm Springs, CA 92264 Sent from my iPhone L (,b �M t/W ITEM NO. � �f - Anthony Mejia From: kimffloyd@fastmail.com Sent: Tuesday, January 4, 2022 6:34 AM To: City Clerk Subject: 2022-01-04 City Council Finance Subcommittee Special Meeting Agenda INOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Mayor Middleton and Mayor Pro Tern Garner, Happy new year! The Sierra Club appreciates Palm Springs' climate leadership and 2021 was no exception. You made bold climate decisions, including a goal of carbon neutrality by 2030. Thank you! Today, we'd like to ask the City to take climate action on investments. Looking at the Treasurer's Report dated July 31, 2021 on the 11/18/2021 Council agenda, we don't identify any direct investment in fossil fuels, but there are investments in Bank of America, JP Morgan Chase and Citi, which are the world's top fossil banks according to the annual report Banking on Climate Chaos: Fossil Fuel Finance Report 2021. Forbes stated in The Case For Fossil Fuel Divestment: "divestment must be considered within the broader ecosystem of climate action." Recently, Wall Street Journal's article The Year Money Met Climate gave the good news on investment options: "There's a lot of money —from companies, institutional investors and individual investors —riding on a belief in the opportunities associated with a carbon -constrained world." An increasing number of public entities have divested from fossil fuels. Sierra Club's multi -tab divestment spreadsheet has links to various policies and resolutions, and other references. For instance: In Berkeley's Investment Policy: "Divestment from Publicly Traded Fossil Fuel Companies and Banks that Finance Pipelines and Fossil Fuel Infrastructure." In Encinitas's recent resolution: "Encinitas does not currently hold direct fossil fuels investments. However, the City does bank and invest in firms and funds that do through its participation in 'pooled funds'... send formal communications to pooled fund managers requesting that pooled funds, including the California Pooled Money Investment Accounts/Local Agency Investment Funds (PMIA/LAIF), California Public Employees' Retirement System (CaIPERS), the California Asset Management Program (CAMP)... divest current holdings from fossil fuel companies over the next 5 years and ban future investments in such companies." We suggest adding fossil fuel divestment in the City's Investment Policy under Section 9.4 Social Responsibility. And, please send a fossil fuel divestment request to CalPERS, as Encinitas and some other agencies have done. According to the report The Quiet Culprit: Pension Funds Bankrolling the Climate Crisis, CalPERS has over $27 billion invested in fossil fuel companies. Its 2020 Investment Report shows investments in ExxonMobil as well as other oil and gas companies. Please let us know how the Sierra Club can provide assistance. Kim F Floyd Conservation Chair Sierra Club San Gorgonio Chapter 760-680-9479 '� oib �, t V CO uIV�wv1 JANUARY 3, 2022 Anthony J. Mejia Palm Springs City Clerk (To Distribute to the Following and Confirm Receipt to Julie Kay Rupp) Ken Lyon, RA, Principal Planner/Historic Preservation Officer Flinn Fagg, AICP, Development Services Director Historic Site Preservation Board Members: Katherine Hough, Chair; Jade Nelson, Vice -Chair; Dan Kiser; Erik Rosenow; Janet Hansen; Scoot Miller and Stephen Rose Mayor Lisa Middleton, and City Council Members; Grace Elena Garner, Mayor Pro Tem; Geoff Kors, Councilmember; Christy Holstege, Councilmember; Dennis Woods, Councilmember; Lubi Rios, Executive Assistant and Jeff Ballinger, City Attorney RE: HSPB 129-D South Araby "The Round Stone House" Privately Owned and Maintained Property I, Julie Kay Rupp completely OBJECT 100%, OPPOSE and PROTEST against having my Historic Deed Restricted Property APN 510-270-024, commonly known as 2540 S Araby Drive, Palm Springs, CA 92264 listed for historic designation at this time. Suqqested Modification of the Proposal Please remove only 2540 South Araby Due to CLAIM FOR DAMAGES against the City of Palm Springs, by Damaged Citizen, Julie Kay Rupp on her Privately Owned Property and for The Damages to the Gifted Property of 17.36 Acres. The City of Palm Springs failure to act, breach of duty, default, violation, discrimination and the violation of my rights to the peaceful enjoyment of my property have been on -going; furthermore, the continued mishandling of the Levy Access Road (with unqualified signatures on city documents) has denied me safe access to my property and the City of Palm Springs unsafe access to 17.36 Acres beyond my property donated as preserve by GIFT DEED dated February 23, 2009, to The City of Palm Springs. Memorandum of Understanding, Paragraph 7 "Access to the property has been legally established across the Levy Road, as well as the Lineau and Petty properties, by the Appellate Court opinion filed by the Superior Court of California County of Riverside on August 10, 1999. (ref. Attachment 1 - Appellate Court Opinion)" Case No: INC 009357 JUDGMENT AFTER TRIAL BY COURT - (Exhibit 1) The City of Palm Springs to access the 17.36 Acres is now in default to enforce the prior or future Injunctions: "3. Levy, his servants, agents, attorneys, and those acting in concert with him" are enjoined from any conduct which will interfere with plaintiffs' use of the easement." referred to in Exhibit 1. *City of Palm Springs Code Enforcement GIFT DEED: 7. Memorandum of Understanding "Grantor and Grantee have entered into that certain Memorandum of Understanding with respect to zoning, access roads and other related matters concerning the Property. (Exhibit 2) tThId NO. GIFT DEED: 8. Violation of Covenants and Enforcement - The City of Palm Springs is at Risk of Losing the 17.36 Acres to another "qualified organization" for breach, default and violation of safe access across the Levy Road, to reach both 2540 S Araby (Riverside County Superior Court Case: PSP 1901641) filed and presented to the City of Palm Springs in March 2018) In addition to the FACTS presented in various Engineering Reports, including a Hydrology and Drainage Study on the Levy Road representing the road being unstable, unsafe and dangerous to City Employees and the occupants of 2540 S Araby. (Exhibit 2) The City of Palm Springs has neglected to correct the environmental issues caused by lack of sanitation and functioning septic at 2550 S Araby, which is less than ten feet from my property. These issues have been repeatedly reported since 2011 through the present time, not only to staff, but also to the City Council, which has caused substantial loss of rental income. The City of Palm Springs is liable for the wrongful acts, whether done accidentally or intentionally. The Code Violations at 2500, 2501 and 2550 S Araby, are continuous and The City of Palm Springs NEEDS to have these properties designated Historic Class 1. Please see attached photos from this week. 2500 S Araby (Exhibit 3) ENOUGH! I purchased the Deed Restricted property as a Ranch to raise horses and build our Rupp Family Compound and do not want the additional restrictions of historic designation by The City of Palm Springs at this time. I have and always will do the Right Thing to Protect My Historic Property. Please remove from historic designation the following from HSPB 129-D South Araby "The Round Stone House" : the accessory buildings at 2540 S. Araby, including the pool, the rustic wind wall with its steel sash window frames, the "barn", the shed, the perimeter rock walls and barbeque. I have the right under my Deed Restrictions to build out my property. A Copy of the Deed Restrictions with the Hardships on Owner/Future Owners of 2540 S Araby (Exhibit 4) 1 have respectfully, on my own accord and costs protected the historic "The Round Stone House" and do not want historic designation or continued interference with the Peaceful Enjoyment of my Property by the Full Time Occupant of 2550 S Araby, Mr. Levy and The City of Palm Springs in Concert with him. Please, I beg of you again for my health, for the City of Palm Springs to do the right thing: 1) Enforce the Injunction (ref. Attachment 1 -Appellate Court Opinion) referred to in Exhibit 1. a. Case No: INC 009357 JUDGMENT AFTER TRIAL BY COURT 2) Reinstate Courtesy Notice: Case Number: CE170870 (Exhibit 5) THE ROAD IS NOT BEING MAINTAINED FROM THE WASHOUT AT DWA TANK TO 2540 S ARABY DRIVE PROPERTY. FIRE DEPARTMENT CANNOT GAIN ACCESS TO YOUR PROPERTY OR ADJACENT PROPERTY. Please add/ include: Access Road to the City of Palm Springs 17.36 Acres of Preserve. 3) County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH CERTIFICATION OF EXISTING SUBSURFACE DISPOSAL SYSTEM FORM Please have Doug Osborn, Supervising EHS at (760) 320-1048 to settle this matter immediately. E-mail: dosbornCcDriyco.orci Doug is Available Tuesdays through Fridays. (Exhibit 6) Thank you, Julie Kay Rupp Damaged Citizen City of Palm Springs EXHIBIT 1 1 LAW OFFICES OF RICK M. STEIN r Rick Stein, Esq044 �Be tjar No.: o44ss2 ORIGINAL 400 SWh Farren Dmre��« 3 Sbite B-203 r�uHrroFa s+ae N o Palm Springs, CaliPamla 92262' AUG I 0 W9 m 4 Telephone: (760)325-5990; Facsimile: (780)325-5265 1 6 ATl'ORNEY FOR Plaintiffs L. WkWON 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF RIVERSIDE 11 MICHAEL ARTHUR and ROBERT NAHODiL;) Case No.: INC :009357 12 Plaintiffs, j JUDGMENT AFTER TRIAL BY COURT 14. DAVID LEVY, an kxWidual; all persons ) unknown, chiming arryt legal or er�uitWble ) 15 right, tide, estate, lien, or interest in the ) property described in the complaint adverse ) .. 16 to plainhf a easement; and DOES 1 through ) 50, inclusive, ) 17 ) Defendants. ) . 18 ) is } DAVID M. LEVY, } . 20 ) . Cross -Complainant, 21 V. 22 MICHAEL ARTHLR; ROBERT L. NAHODIL, . ) '23- et al., ' 24 Cross-Defeac�nta. )) ) 25 )) 26 . 27 28 73s4.ART A *ment Agar Trial by Court 1 THIS.ACTION came on regularly for trial on Tuesday. July 12,1999,-and 2 continued through the morning of Wednesday, July 13,1999, in Dept 2F of the above- 3 entitled Court, the"Hvnorable Charles E. Stafford, Jr.. Judge presiding, a jury having 4 been expressly waived by both parties. Rick M. Stein, Esq, appeared as counsel for 5 ptaini ffsl'crowdefendants Arthur and Nahodil, and John L Balley, Esq. appearod for 6 defendant/cross-complainant Levy. 7 Oral and documentary evidence was introduced on behalf of the respective 8 parties and, after argument, the cause having been submitted for decision, 9 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, 10 1. Judgment rendered on -the complaint in favor of plaintiffs Robert t 1 Nahodil and Michael Arthur and against defendant David Levy, as well as. all persons 12 unknown, claiming any legal or equitable nigh#, title, estate. Tien, or interest In the 13 property adverse to plaintiffs In the non-exclusive easement to serve Parcel 3 described 14 as follows; is 46 17 18 19 20 21 22 24 25 26 27 28 "A strip of land 50.00 feet in width lying 25.00 feet on each side of the following described center tine-. All that portion of the Southeast quarter of Seadon 26, Township 4 South, Range 4 East, San Bernardino Meridian, as shown by Untied States Government Survey, and more particularly described as follows: Beginning at the most Westerly corner of Lot 17 in Block V of Araby Tract, as shown by Map on file in Rook 13 Pages 61 and 62 of Maps, records of Riverside County, California; thence South 71 °22'20" West, a dlstanee of 367.26 feet; thence South 00°01'00' West, a distance of 222.81 feet to the true "fit of beginning of said Center line to be described; therm South 83°,33'00" East, a distance of 60.76 feet; thence North 59.18 00" East, a distance of 62.47 feet; thence North 87'57'00" East, a distance of 19.93 fee; thence south 54"3200" East, a distance of 50.65 %at7 theme* South 26023'0(r East, a d1stEince of 162.33 " feet; thence South 63028'00" East, a distance of. " 235.41 fuel; thence south 48°28W' East, a distance of 234.10 feet to a point thhtbeam South 00013'00", . East, a distance of 137.47 feet from the Southwesterly -2- JudarnentJl terTrielByCou 9 2 3 4 5 8 7 8 9 10 1i 12 13 14 1s 16 .17 -18. 19 20 21 22 23 24� 26i 20 27; Comer of Lot 26 in Block'r of said Araby Tract: The side lines of said Easement are to be prolonged or shortened to terminate In the side lines of that certain parcel of land, as conveyed to Kellen A. Edgy, by deed rsoorded June T, 1932 in Book 78 Rage 398 of Official Reoords of Riverside County, California' 2. Cross -complainant Levy fake nothing by his cross'complaint. 3. Levy, his servants, agents. attorneys, and those acting in conoert with him are enjoined from any conduct which will interfere with.plaintOW use of the easement.- 4. Costs of suit awarded to ptaintiff8. Dated �llJ,1999 Char s E. Stsffbrd, Jr. Judge of the Superior Court APPROVED AS TO FORM AND CONTENT: John L. Balley Attorney for Levy 1 2 3 4 5 6 7 8 9 1D 11 12 13 14 .i5 16 17 to 19 20 21 22 23 24 26 28 27 28 0 4 PROOF OF sE'RvICE, STATE OF CALIFORNIA, COUNTY OF RIVERSIDE. i am employed In the County of Werside. State of Caifomie. I am over the age of 18 ON not a party to the within qiotion; my business address Is 40D South Farrell Drive, Suite 13-203, Pram apdrigs, ca6fomta. " On August , , IWO, I served the foregoing document(i) described as u ux rur`tuT AFTIM MAL BY MM fPtoaosedt on the Interestbd party(m) in this action as faffowv : John L t3ei[ay. Esq. Therese BakelaNstson. Esq. Hsu & Belley 6761 Brockton Avenue Riverside, CA 91W6 [ X ] (BY MAIL) Ins sealed envelope addressed asset farm. move. I am "read7y farnMee with the firms praline of collection and processing ocfrvspondsnce br majng. Under that practice It would be depos0ed with U.S. postal service on that erne day wM postage thereon fully prepared at Palm Springs, CaMn" in the ordnW course of business. 1 am aware that on motion Of the party seared, service is presumed invalid it postal cancellation date or postage meter date is more tW one clay after date of deposit for'nWiing in aftidavk. [ ] (BY PERSONAL SERVICE) I caused such arwelope to be deliver ad by hand to the addressee. ] (BY FACSIMILE SERVICE) The above mentioned doc urnerd(s) wasMrere transmitted by facsimile truarnission and the kwanlssion Was reported as complete and without error. (STATE) t dectere wider penalty of perjury under the iaws of the Stale of CaGfomla Ihat the above la true and cormcL EKscuted on August 1999, at Palm Sprlr.es, California. rue WaIntraub fi f EXHIBIT 2 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO, AND MAIL TAX STATEMENTS TO: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Clerk (SPACE ABOVE THIS LINE IS FOR RECORDER'S USE) GIFT DEED The undersigned grantor declares: Documentary transfer tax is NONE. This is a conveyance to a government entity. R&T § 11922. THIS GIFT DEED (this "Deed") is made as of this day of-6ffifL -200�by RONALD N. KILGORE, Trustee of The Suzanne D. Parish Real Estate Trust res ted as of December 30, 1983 ("Grantor"), in favor of THE CITY OF PALM SPRINGS, a California charter city and municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of certain real property (the "Property") located in the City of Palm Springs, County of Riverside, State of California and consisting of approximately ,� z5(o acres, more fully described in Exhibit "A" attached hereto. B. The Property consists primarily of undeveloped natural habitat for indigenous wildlife, flora and fauna. C. Grantee has determined that the preservation of the Property as open space is consistent with the General Plan of the City of Palm Springs, it is in the best interest of said City and is important to the public for the enjoyment of scenic beauty and for recreation. D. It is the intention of both Grantor and Grantee that the Property be protected for the preservation of its essentially rural characteristics and natural scenic beauty and that said Property be open to the general public, subject to the reasonable restrictions concerning the needs of the Property and necessary to the preservation of its unique qualities as described herein below. NOW, THEREFORE, as a gift without the payment of any compensation therefor, the parties agree as follows: Incorporation of Recitals and Exhibit All recitals set forth at the beginning of this Deed and the exhibit attached and referred to in this Deed are incorporated as though fully set forth in this Deed. ORC 4486274032589.0010 2. Grant of Property Grantor does hereby grant to Grantee the Property subject to the terms and conditions set forth herein. Each and every portion of the Property is and shall be held, conveyed and used subject to the following covenants all of which are declared and agreed upon for the purpose of maintaining, preserving, conserving and otherwise continuing in existence the open space character of the Property. All of said covenants shall run with the Property and shall be binding upon all parties having or acquiring any right, title, interest or estate in the Property or any portion thereof whether as sole owners, joint owners or otherwise. 3. Purposes The purposes of this Deed ("Conservation Purposes") are (a) to enable the Property to remain in its natural condition by protecting in perpetuity its value, use and utility as open space (as defined below), and (b) to prevent any use of the Property that would significantly impair or interfere with its long-term viability as property fulfilling the purposes for which the Deed is granted. 4. Definitions As used in this Deed, the term "Grantor" includes the original Grantor and its successors and assigns; and the term "Grantee" includes the original Grantee and its successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof. The term "open space" shall have the meaning ascribed to the term "open -space land" in Section 65560 of the California Government Code. The term "structure" means anything constructed or erected on or under the ground, including buildings (including, by way of example only, any hotel, inn, condominium or rental apartment project), berms, driveways or walkways. The term "structure" shall not include unpaved trails and paths for pedestrian or equestrian use. 5. Covenants Grantee hereby covenants with Grantor, which covenant shall run with the Property, not to construct or permit the construction of any improvements on the Property. Without limiting the generality of the foregoing and except as expressly reserved in this instrument, Grantee covenants with Grantor both not to and not to permit others to: (a) Construct on the Property any structure (as defined above). (b) Extract natural resources from the Property. (c) Engage in or permit any agricultural use of the Property. (d) Cut natural growth on the Property except as may be required for fire prevention, thinning, elimination of diseased growth and/or similar protective measures. ORC 449627-4.032589.0010 f . (e) Excavate, remove topsoil, sand or other materials from the Property, or change the soil horizon or topography of the Property except as may be required for purposes of erosion control and soil conservation. (� Dump or accumulate unsightly or offensive materials including, but not limited to, trash, garbage, ashes or chemical waste on the Property. (g) Perform activities such as off -the -road vehicle usage on the Property or other such activities which tend to damage vegetation or otherwise scar the surface of the Property. 6. Use Subject to the terms and conditions set forth herein, it is the specific intent of both Grantor and Grantee that the Property be made available to the public for recreational, scientific, educational, scenic and other open space purposes to the greatest extent possible consistent with protection of the open space character of the Property, including the protection and preservation of the natural habitat of wildlife and plants thereon. 7. Memorandum of Understanding Grantor and Grantee have entered into that certain Memorandum of Understanding with respect to zoning, access roads and other related matters concerning the Property in the form of Exhibit B attached hereto and incorporated herein. Violation of Covenants and Enforcement Grantee acknowledges and agrees that Grantor's remedies at law for any violation of this Deed may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantor hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantee's part to be observed or performed pursuant to this Deed is not cured by Grantee within thirty (30) days written notice thereof by Grantor (which notice requirement is expressly waived by Grantee with respect to any such breach, default or violation which, in Grantor's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purpose of this Deed), Grantor shall have the right at Grantor's election, (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantor deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantor deems necessary or desirable to ensure compliance with the terms, conditions, . covenants, obligations and purpose of this Deed, including the transfer of this Deed by a court of competent jurisdiction to another "qualified organization" as defined in Section 9 below. ORC 448627-4.032599.0010 9. Transfer of Deed If Grantee ever ceases to exist or to qualify as a "qualified organization" under Section 170(h) of the Internal Revenue Code of 1986, as amended from time to time (the "Code"), or applicable state law, a court of competent jurisdiction shall transfer this Deed to a qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Deed. Grantee shall provide Grantor with advance written notice of such a transfer. Notwithstanding any other provision of this instrument or otherwise applicable statute or rule of law, no subsequent transfer of the Property may take place unless the transferee organization is a qualified organization which, as a condition of the transfer, agrees in writing that the Conservation Purposes which this Deed was originally intended to advance continue to be carried out. 10. Interpretation This Deed shall be interpreted under the laws of the State of California, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Deed shall be liberally construed to effect the Conservation Purposes of this Deed and to qualify this Deed as a "qualified conservation contribution" under Section 170(h) of the Code. If any provision of this Deed is found to be ambiguous, an interpretation consistent with the Conservation Purposes of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. H. Successors Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 12. Severability Invalidity of any of the covenants, terms or conditions of this Deed, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 13. Notices All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, or sent by registered or certified mail, postage prepaid, return receipt requested, or overnight courier, or facsimile, and shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the address of the person to receive such notice, (b) if mailed, four (4) business days after the date of posting by United States Post Office, (c) if given by overnight courier, upon receipt by the person to receive such notice, or (d) if sent by facsimile, when sent. Any notice or other communication sent by facsimile must also be delivered by personal delivery, United States mail or overnight courier in accordance with the foregoing and such notice or communication must be personally delivered, deposited in the ORC 448627.4,032589.0010 United States mail, or delivered to the overnight courier service within forty-eight (48) hours of the sending of the facsimile: If to Grantee: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Clerk Facsimile: (760) 322-8332 If to Grantor: Ronald N. Kilgore, Trustee of The Suzanne D. Parish Real Estate Trust 211 S. Rose Street Kalamazoo, MI 49007 Facsimile: (269) 553-7252 14. Entire Aereement This instrument sets forth the entire agreement of the parties with respect to the Deed and supersedes all prior discussions, negotiations, understandings and agreements relating to the Deed, all of which are merged herein. 15. Section Heading The headings in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation thereof. THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: A. All liens, encumbrances, easements, covenants, conditions and restrictions of record; B. All matters which would be revealed or disclosed in an accurate survey of the Property; C. All matters which would be revealed or disclosed by a physical inspection of the Property; and D. A lien not yet delinquent for taxes for real property and personal property, and any general or special assessments against the Property. ORC 4496274.032589.0010 IN WITNESS WHEREOF, Grantor has executecj this Q,6 C7teed on the date first above written. � � n / 1 / / 7 Ronald N. Kilgore, Tri tee of The Suzanne D. Parish Rea[ state Try st restated as of December 30, 1983" ORC 4486274_032589.0010 State of California County of On personally appeared before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ORC 448627-3.032589.0010 EXHIBIT A Legal Description PARCEL 1 ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17 IN BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGE(S) 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 71 °22'20" WEST, 367.26 FEET FOR POINT OF BEGINNING; THENCE NORTH 50020'49" WEST, 438 FEET; THENCE SOUTH IN A DIRECT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 25, DISTANT WESTERLY 340 FEET FROM THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO R. LEE MILLER BY DEED RECORDED SEPTEMBER 16, 1929 IN BOOK 825 PAGE 379, OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 340 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO R. LEE MILLER; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL, 920 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: GOVERNMENT LOTS 3 AND 6 1N SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 11, 1895; EXCEPTING THEREFROM THAT PORTION INCLUDED IN ARABY TRACT AS RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST WESTERLY CORNER OF LOT 17 IN BLOCK F OF ARABY TRACT, AS SHOWN BY AMP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 71°22'20" WEST, 367.26 FEET; THENCE NORTH 50020.40" WEST, 438 FEET TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO PERLE WHEELER MARTIN, BY DEED RECORDED APRIL 11, 1933 IN BOOK 121 PAGE 74 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 85°37' WEST, 25.75 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 4°23' WEST, 329.65 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL CONVEYED TO E.K. DAVALL; THENCE SOUTH 64°1 X WEST 558 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH 0°01'30" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOTS 3 AND 6, 1297.75 FEET TO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 6; THENCE NORTH 89139'45" EAST, ALONG THE SOUTHERLY LINE OF SAID SECTION 25, 1558.2 FEET; THENCE NORTHERLY IN A DIRECT LINE, 389 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF LOT 26 IN BLOCK F OF SAID ARABY TRACT; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ARABY TRACT, TO THE POINT OF BEGINNING; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3 THAT PORTION LYING NORTHWESTERLY OF THE CENTER LINE OF THE PROPOSED STROM WATER DRAIN, SAID CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID GOVERNMENT LOT 3; 1026.61 FEET SOUTHERLY FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 48°01' EAST, TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3 THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LOT C (TAMARIST AVENUE) OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE NORTH 89°53' WEST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,174 FEET, MORE OR LESS, TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO REESE O. SNOWDEN AND GERTRUDE B. SNOWDEN, HIS WIFE, BY DEED RECORDED OCTOBER 23, 1936 IN BOOK 299 PAGE 563 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 48001' WEST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO REESE 0. SNOWDEN AND WIFE, TO A POINT WHICH BEARS NORTH 26055' WEST FROM THE MOST WESTERLY CORNER OF LOT D (PALO VERDE DRIVE), AS SHOWN BY MAP OF ARABY TRACT; THENCE SOUTH 26121'55" EAST TO THE MOST WESTERLY CORNER OF SAID LOT D; THENCE NORTH 631138'05" EAST, 534.23 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 420.63 FEET, THROUGH AN ANGLE OF 23024', 171.79 FEET; THE LAST 2 COURSES AND DISTANCE FOLLOWING ALONG THE NORTHWESTERLY LINE OF SAID LOT D; THENCE NORTH 40°14'05" EAST, 211.11 FEET; THENCE ON A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 172.96 FEET THROUGH AN ANGLE OF 40002', 120.85 FEET; THENCE NORTH 00012'05" EST, 225.60 FEET, TO THE POINT OF BEGINNING; THE LAST 3 COURSES AND DISTANCE FOLLOWING ALONG THE WESTERLY LINE OF SAID LOT C; ALSO EXCEPTING FROM SAID GOVERNMENT LOT 3, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 2, BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THAT BEARS SOUTH 26021'55" EAST, A DISTANCE OF 3.54 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE CONTINUING SOUTH 26021'55" EAST ALONG SAID WESTERLY LINE OF LOT 2, A DISTANCE OF 46.17; THENCE SOUTH 37°48'24" WEST, A DISTANCE OF 286.90 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 OF ORC 448627-3.032589.0010 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 4023' WEST ALONG SAID WESTERLY LINE 59.56 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE NORTH 37048'24" EAST, A DISTANCE OF 263.10 FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING FROM GOVERNMENT LOT 3, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF LOT 2, BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGES 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THAT BEARS SOUTH 26°21'55" EAST, A DISTANCE OF 49.71 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE SOUTH 37048'24" WEST A DISTANCE OF 60.00 FEET; THENCE 83109'30" EAST. A DISTANCE OF 57.30 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 26021'55" WEST, A DISTANCE OF 45.29 FEET TO THE POINT OF BEGINNING. PARCEL 3 ALL THAT PORTION OF THE WEST HALF OF SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17 IN BLOCK F OF ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13 PAGE(S) 61 AND 62, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE SOUTH 71122'20" WEST, 367.26 FEET; THENCE NORTH 50020'40" WEST, 438 FEET FOR THE POINT OF BEGINNING, SAID POINT BEING ALSO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO PERLE WHEELER MARTIN BY DEED RECORDED APRIL 11, 1933 IN BOOK 121 PAGE 74 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 8503T WEST, 25.75 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 OF OFFICIAL RECCRDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 4°23' EAST, 352.05 FEET TO AN ANGLE POINT ON THE EASTERLY LINE OF SAID DESCRIBED PARCEL, SAID POINT BEING ALSO ON THE WESTERLY LINE OF THE PROPERTY CONVEYED TO PERLE WHEELER MARTIN HEREIN REFERRED TO, AT A POINT 870.4 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 25; THENCE NORTH ALONG THE WESTERLY LINE OF SAID LAST MENTIONED PARCEL OF LAND, 352.99 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ORC 448627-3.032589.0010 EXHIBIT 3 Wk - ft�gl v If I r F�L s L 7 lox qw s qil ll 1 4 3 i Sil a w ate; (^ } / 2r'z !r 1#g� J - �''•,_� _ i j rt }t14`�" _. ' . .�,' �`*- a ¢�r too!-j - ,, _ � ' f� t � }�� ode,._ •- I if � J��'"r .� a 4u zoo_ ii' ��vlls S I.; l: 91610 Y b�rl3niu_ } t7r 1 �• r r r� ..- LL qy Il�. ^ -:l `2 w to Y I13l22. 1:13 PM IMG_5598.ive j, ^S 'fin v4 FF y \ ` Y- bp?.5f,• � i T � FFJ https://mail. google.com/ mail/u/0/?tab=rm&ogbl#inbox/FMfcgzGmtFJRgJvgBbLzrlQttrzWRxWR?proiector—I&messapePartId=0.7 4 � � z � ��_�� y t qg s� l+ EXHIBIT 4 L` r Lr L, z r-14- CHICAGO TITLE COMPANY RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO, AND MAIL TAX STATEMENTS TO: Julie K. Rupp 2254 E. Smokewood Ave. Palm Springs, CA 92264 ��'�0(SF The undersigned grantor declares: Documentary transfer tax not shown pursuant to Section 11932 of the Revenue and Taxation Code, as amended DOC # 2009-0176465 04/10/2009 08:00A Fee:53.00 Page t of 9 Doc T Tax Paid Recorded in Official Records County of Riverside Larry U. hard Assessor, County Clerk d Recorder 111111111111111111111111111111111111111111111 GRANT DEED 31 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD N. KILGORE, Trustee of The Suzanne D. Parish Real Estate Trust restated as of December 30, 1983 ("Grantor"), hereby GRANTS to JULIE K. RUPP, an individual ("Grantee"), the Property. The "Property" consists of the following: (i) that certain land ("Land") situated in the City of Palm Springs, County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and hereby made a part hereof, and (ii) a presently existing building on the Land constructed of rocks and consisting of approximately 730 square feet ("Rock Structure"). THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: A. All liens, encumbrances, easements, covenants, conditions and restrictions of record; B. All matters which would be revealed or disclosed in an accurate survey of the Property; C. All matters which would be revealed or disclosed by a physical inspection of the Property; and D. A lien not yet delinquent for taxes for real property and personal property, and any general or special assessments against the Property. ORC 446498-3.032599.0010 j20$�7 U >(q 9 The conveyance evidenced by this Deed is subject to the right of Grantor, its successors or assigns, to reenter and take possession of the Property and remove any or all persons or facilities therefrom at the sole cost and expense of Grantee upon the occurrence of any one of the following conditions subsequent: (a) Grantee, or her successors or assigns, files any application or takes other actions to cause the Property to be subdivided, or the Property is subdivided. (b) Subject to subpart (f) below, the Rock Structure shall be used for any purpose other than a single family residence. (c) Grantee, or her successors or assigns, fails, by the day preceding the fourth anniversary of the recordation of this Grant Deed in the Official Records of Riverside County, California, to restore to and/or maintain in a habitable condition the Rock Structure using materials consistent with the materials comprising the Rock Structure as of the date of recordation of this Grant Deed in the Official Records of Riverside County, California. The parties hereby acknowledge that, as of the date of recordation of this Grant Deed in the Official Records of Riverside County, the Rock Structure is comprised of native stones and mission tile. (d) The restoration and maintenance of the Rock Structure as contemplated by subpart (c) next above expands the current dimensions of the Rock Structure and/or increases the current height of the Rock Structure as such dimensions and height are shown on Exhibit "B" attached hereto and made a part hereof. (e) Prior to completion of the restoration of the Rock Structure, Grantee, or her successors or assigns, constructs or develops at the Property any additional improvements. (f) After the restoration of the Rock Structure has been completed, Grantee, or her successors or assigns, constructs or develops additional improvements at the Property other than (i) one (1) single family residence of one story not to exceed a total of 2,500 square feet, and/or (ii) one (1) garage, storage or guest house structure of one story not to exceed a total of 1,200 square feet. Notwithstanding subpart (b) above to the contrary, in the event that such single family residence is constructed or developed at the Property, the Rock Structure may be used by the residents of such single family residence for an ancillary non-commercial use such as an art studio. (g) After restoration of the Rock Structure has been completed, Grantee, or her successors or assigns, constructs or develops any additional improvements at the Property that do not conform as much as reasonably possible to the exterior style and appearance of the Rock Structure as of the date of recordation of this Grant Deed in the Official Records of Riverside County, California. The foregoing right of Grantor, its successors or assigns, to reenter is to be effective and enforceable pursuant to California Civil Code Section 885.010 et seq., and Grantor, its successors or assigns, shall have the power to terminate all of Grantee's interest in the Property. Such right to reenter and take possession of the Property and terminate all of Grantee's interest in ORC 446498-3.032589.0010 the Property shall run with the land and be binding on the Grantee during her ownership of the Property and on all subsequent owners of the Property during their respective ownership of the Property. Grantor conveys the Land and the Rock Structure to Grantee AS IS without any representations or warranties whatsoever by Grantor relating to the Land or the Rock Structure, their condition or any matter relating thereto. IN WITNESS WHEREOF, Grantor has execute his C}r�nI his 25th day of November 2008. / j � ( j �a Ronald N. Ki re, T tee of The Suzanne D. Parish R al Estate Tru restated as of December 30, ORC 446498-3.032589.0010 Grantee Acceptance Grantee hereby accepts the ��t of the Property upon the conditions and restrictions stated in this Grant Deed this _3 ay of 6b �,Vyyt 6a.A,_ 2008. " - - L�— �� — JulK. Rupp K— ie ORC 446498-3.032589.0010 State of } County of V.1 RIVf200 ) On NoargbrR a5, •?we before me, M, X. IT/ONry , personally appeared 130NA[.D N �/L(oOR� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of /Vit4/1IC19n1 that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature `-��/}� , M. S. KIDNEY Notary Public, State of Michigan County of Kalamazoo My Commission Expires May 1, 2012 Acting in the County of AWarlla xoa IA jy �t ire '/'r/� � �� •s�•7�' - ORC 446498-3.032589.0010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF Cl 1_Zj� (\1l )SS COUNTY OF ) On a0U Go' before me, 1, P(?Wi u-f ►e_ , Notary Public, personally appeared who proved to me on the basis'oi satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS d and ial seal. Signature O. 06=00 -Comm"" • 1761"1 i MO Ofeedde COWOW This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDMDUAL ❑ CORPORATE OFFICER(S) TTfLE(S) 0 PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT [] TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNERS) OTHER THAN NAMED ABOVE DATE OF DOCUMENT 0 EXHIBIT "A" Legal Description THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17, BLOCK F, OF THE ARABY TRACT, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE SOUTH 71 °03'26" WEST A DISTANCE OF 367.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 50017'05" WEST A DISTANCE OF 44.04 FEET TO A POINT LYING AT THE EXISTING TOE OF SLOPE; THENCE NORTHWESTERLY ALONG THE EXISTING TOE OF SLOPE THROUGH THE FOLLOWING COURSES: THENCE NORTH 81 ° l 7' 10" WEST A DISTANCE OF 37.95 FEET; THENCE NORTH 59004' 13" WEST A DISTANCE OF 22.80 FEET; THENCE NORTH 75006'28" WEST A DISTANCE OF 44.18 FEET; THENCE NORTH 62023'01" WEST A DISTANCE OF 55.63 FEET; THENCE NORTH 28049'51" WEST A DISTANCE OF 29.78 FEET; THENCE NORTH 1 l003' 10" WEST A DISTANCE OF 28.29 FEET; THENCE NORTH 31034'43" WEST A DISTANCE OF 59.01 FEET; THENCE NORTH 70048' 18" WEST A DISTANCE OF 104.68 FEET; THENCE SOUTH 22041'33" WEST A DISTANCE OF 14.05 FEET; THENCE LEAVING SAID TOE OF SLOPE SOUTH 79042'00" WEST A DISTANCE OF 20.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO E.K. DAVALL BY DEED RECORDED APRIL 22, 1935 IN BOOK 228 PAGE 442 O.R.; THENCE SOUTH 04024'48" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 278.64 FEET TO AN ANGLE POINT IN SAID LINE; THENCE SOUTH 00000'55" WEST A DISTANCE OF 144.23 FEET; THENCE SOUTH 85°48'59" EAST A DISTANCE OF 338.67 FEET; THENCE NORTH 00009'59" WEST A DISTANCE OF 242.16 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS ALSO KNOWN AS PARCEL A OF CONDITIONAL CERTIFICATE OF COMPLIANCE, RECORDED MARCH 13 2009 AS INSTRUMENT NO. 2009- 0 122245, OF OFFICIAL RECORDS. EXHIBIT "B" Footprint and Dimensions of Rock Structure ORC 446498-3.032589.0010 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: n Name of Notary 7Rte-li Notary Identification Number L? �/ 95 d County Where Bond Is Filed - Date Commission Exp DATE: / /a, 'g Pf Van •�Qe • 21, Zvi/ SPL, Inc. Signature State of California County of ) On before m personally appeared, who proved to me the basis of satis ry evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1 CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT: DATE: J J SPL, Inc. as agent Signature Revised 316109 R I DR 014 2 Penalties in I with 2008 ack RI doc EXHIBIT 5 COURTESY NOTICE City of Palm Springs Department of Building & Safety Code Compliance 3200 Tahquitz Canyon Way, PO BOX 2743, Palm Springs, CA 92263 Case Number: CE170870 Date of Issuance: 9/20/2017 To: David M Levy 2584 Anza Trl Palm Springs, CA 92264 You are hereby notified that a Municipal Code Violation defined as a Public Nuisance has been determined to exist on the property described below. You are specifically responsible to ensure that this violation is corrected in compliance with this notice. Your failure to do so will result in the issuance of an Administrative Citation with fines of $100.00 per violation, with subsequent citations carrying fines of $250.00 per violation and $500.00, respectively. If further action by the City is necessary in obtaining compliance with the Notice, you may be charged a fee equal to the actual costs incurred by the City, including, but not limited to, subsequent inspection costs, staff time, overhead and legal expenses, including attorney's fees. Current fees for the City costs are as follows: General staff and inspection time @ $101.00/hr. City attorney time @ $200.00/hr. I. The violations exist on the following property: Street Address: 2544 S Araby Dr Palm Springs, CA 92264 Legal Description:.57 ACRES M/L IN POR SE 1/4 OF SEC 25 T4S R4E FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS APN: 510-270-012 II. A description of the conditions/violations that were found on your property are listed below: THE ROAD IS NOT BEING MAINTAINED FROM THE WASHOUT AT DWA WATER TANK TO 2540 S ARABY DRIVE PROPERTY. FIRE DEPARTMENT CANNOT GAIN ACCESS TO YOUR PROPERTY OR ADJACENT PROPERTY. Property so maintained is in violation of the Palm Springs Municipal Code, PSMC, and constitutes a public nuisance. These conditions must be corrected by 10/5/2017, in the following manner: WITHIN 15 DAYS OF THIS NOTICE, SUBMIT A GRADING PLAN THAT COMPLIES WITH SECTION 503 OF THE FIRE CODE TO THE ENGINEERING DEPARTMENT FOR REVIEW AND ISSUANCE OF A GRADING PERMIT. ALL WORK MUST BE COMPLETED WITHIN 60 DAYS OF THIS NOTICE (11/20/2017). PLEASE CONTACT THE ENGINEERING DEPARTMENT AT 760-323-8253 OR FIRE DEPARTMENT AT 760-323-8181 FOR ANY QUESTIONS ABOUT THIS NOTICE. III. The codes that pertain to the violations in Section II are: Code Description Palm Springs Fire Code 503.4 Failure to maintain Fire Department Access Road. 2016 CALIFORNIA FIRE CODE SECTION 503 FIRE APPARATUS ACCESS ROADS 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1. through 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [this would an enforcement code] 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). [20' width ok for existing road] 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. [capable of supporting 73,000 pounds] 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. [43' outside; 25' inside] 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. [or culverts] 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. [shall not exceed 12%] 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. [per PSFD apparatus standards] 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Sections 503.2.1 and 503.2.2 shall be maintained at all times. [this would an enforcement code] As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation. Should the violation not be corrected within the time period specified in this notice, the violation may be abated by the City through further administrative proceedings, including but not limited to added inspections and directions to remediate the violation, judicial process or by entry upon the property by city employees or contractors for purposes of effecting those actions necessary to correct the violation. If such further action by the City is necessary, you will be charged a fee equal to the actual costs incurred by the City in obtaining compliance with this notice, including but not limited to subsequent inspection costs, staff time, overhead, and legal expenses including attorney's fees. Current fees for city costs are as follows. - General staff & inspection time @ $101.00/hour, minimum one hour. City attorney time @ $200.00/hour. Appeal Procedure:' In accordance with Chapter 11.72 of the Palm S rings Municipal Code, an appeal to the Palm Springs Administrative Appeals Board or Board of NNeals, as provided by City code, in writing, may be filed regarding this notice. Any such appeal shall be filed with the City Clerk within ten (10) days from the date this notice was issued, along with applicable filing fees as determined in the comprehensive fee schedule. Absent a contrary determiniation incident to an appeal, the responsible EXHIBIT 6 W County of Riverside .) DEPARTMENT OF ENVIRONMENTAL HEALTH www.rivcoeh.org CERTIFICATION OF EXISTING SUBSURFACE DISPOSAL SYSTEM ❑ 3880 Lemon Street • Suite 200 • Riverside • CA • 92501 — (951) 955-8980 ❑ 47-950 Arabia Street • Suite A • Indio • CA 92201 — (760) 863-7570 Property Information: APN: 1. Owner: Address: Date of Inspection: City: FAILURE TO PROVIDE ALL REQUIRED INFORMATION SHALL PREVENT OWNER FROM OBTAINING ENVIRONMENTAL HEALTH APPROVAL 2. Show design and location on a scale of 1:20 or 1:40 of the sewage disposal system and 100% expansion area in relation to dwellings, structures, wells, rock outcroppings, drainage, watercourses, etc. 3. a. I examined existing subsurface sewage disposal system at the above location on and determined that the tank capacity is gallons and that there is sq. ft. of leach line bottom area. There are bedrooms in the dwelling and there are fixture units. b. There are leach line(s), each ft. long Depth ft. ❑ Rock ❑ Plastic Chamber c. There are Seepage pit(s), each ft. in diameter, and ft. TD. ft. BI. d. The leach bed is ft. by ft., total sq. ft. of leached area. Depth is ft. 4. a. Construction of septic tank (Please check one of the following): ❑ Concrete ❑ Fiberglass ❑ Steel ❑ Other: b. Internal dimensions of septic: Length ft. Width ft. Depth ft. c. Condition of tank (please check yes or no for each question): Inlet Tee present? ❑ Yes ❑ No Tank Structure deteriorated? ❑ Yes ❑ No Outlet Tee present? ❑ Yes ❑ No Effluent Filter Present? ❑ Yes ❑ No Two compartments? ❑ Yes ❑ No d. Condition of D-Box: Level? ❑ Yes ❑ No Replaced? ❑ Yes ❑ No e. GPS location of septic tank (in decimal degrees) J Latitude, Longitude 5. a. While pumping the tank, did effluent flow back into tank from absorption system? ❑ Yes ❑ No b. Prior to pumping, was the liquid level in the tank above the outlet tee? ❑ Yes ❑ No c. Was the area around the lids oxidized? ❑ Yes ❑ No d. Is design of system gravity feed? ❑ Yes ❑ No e. Were well(s) observed on this or adjacent property? ❑ Yes ❑ No If yes, indicate distance of well from: Septic tank ft. Leach lines Seepage Pits ft. f. Distance from springs, lakes, and natural water courses (check all that apply): ❑ Septic Tank ft. ❑ Leach lines ft. ❑ Seepage Pits ft. g. Is sewer within 200 ft. of structure and abuts property line? ❑ Yes ❑ No Additional Comments: h. How long has dwelling been vacant? (if applicable) months weeks ❑ N/A 6. a. ❑ It is my opinion that the system appears to be in good working order and can be expected to function properly with proper maintenance. No repairs are necessary at this time. b. ❑ It is my opinion that the system is not in good working order and will not function properly without the following repairs: I certify under penalty of perjury that the foregoing is true and correct. Signature: Contractor License No.: Pumper Co.: Address: Print Name: Expiration Date: Phone Number: City: zip: EPO-91 (REV 10/16) Anthony Mejia From: Julie Kay Rupp <ruppjulie1 @gmail.com> Sent: Tuesday, January 4, 2022 10:43 AM To: Ken Lyon; Anthony Mejia; Brent Rasi; Jeff Ballinger-C Subject: Fwd: Levy Dump Attachments: IMG_5603 jpg; IMG_5597 jpg; IMG_5598.jpg; IMG_5602jpg; March 14, 2019 NO Service Mike Villegas.docx (1).pdf NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City of Palm Springs City Council, Historic Site Preservation Board, and City Attorney, Please provide the photos taken this week and submitted yesterday, of 2500 S Araby Drive in Full Color and Scope for the PUBLIC HEARING today at 5:30 pm. 2500 Araby is Rat Infested and Dangerous 2550 Araby has No Working Septic Code Enforcement continually says there is NO VIOLATION, and the Attached Letter shows NO RESPECT FOR ME, MY FAMILY, FRIENDS OR TENANTS AND MY PROPERTY - To State: "Please have your attorney contact our acting City Attorney Peter King" shows the lack of concern and training in the Code Enforcement Department, backed by our former City Manager. There is no sewer up here and only septic. I took my time to explain to Gill Estrada, in March 2019 after the letter with NO Result To Date. Mr. Levy has continually occupied his property full time, since selling his Anza House for 9 K in March 2018, and continues to not repair or maintain his properties or access road. The Fact Mr. Levy rides a bicycle does not permit him to destroy his Meals on Wheels Access, the City of Palm Springs Access and my Access - not allowing me to legally rent my property with the Major Issues 10 feet from my kitchen window. Mr. Levy has retained an attorney, Mark Edelstein, but I remain In Pro Per as the Access could have been repaired by Mr. Levy vs me as the victim paying $100,000+ for an attorney, which would have been more than the Required Repairs. The Ordinance reads: "93.19.00 1. All properties, including vacant properties, shall be kept free of trash, building materials or the storage of other goods which are visible from the street or adjacent properties." The City of Palm Springs has a MOU with Riverside County Environmental Health for the Septic Issue at 2550 Araby, and Code Enforcement again, used the Nose/Smell Test showing a lack of concern and training. Additionally, Title 8 BUILDINGS AND CONSTRUCTION 1 wbli� �dmrn�� al(ti Chapter 8.80 VACANT BUILDINGS AND BOARDING REGULATIONS 8.80.100 Purpose. The purpose of this Chapter is to ensure all vacant and boarded buildings comply with minimum property maintenance requirements, to encourage proactive and preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Palm Springs. (Ord. 2032 § 2, 2020) These on -going issues must STOP IMMEDIATELY. Thank you, Julie Kay Rupp, Family and Friends ---------- Forwarded message --------- From: Julie Rupp <ruppjulie1@gmail.com> Date: Tue, Jan 4, 2022 at 8:33 AM Subject: Levy Dump To: Julie Rupp <rupp0ulie1@email.com> Sent from my iPhone SUNcerely, Julie Julie Kay Rupp Palm Springs, CA II k= J1 r_ ';4� ,�, ` e ti .�-.