HomeMy WebLinkAboutTHE SECTION 14 STORY_THE DESERT SUN_NOVEMBER 1968
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR
Managing Editor Al Tostado
prepared thirteen articles from
November 13th– 28th 1968
The initial article’s Editor Note reads:
Editor's Note: The following article is the first of a series written by The Desert Sun’s Managing Editor,
Al Tostado, about the controversial clean-up campaign conducted by the
City of Palm Springs on the Indian-owned parcel commonly known locally as Section 14.
THE SECTION 14 STORY
I City's Critics Late, also Loud, Lame 13 November 1968
II Early '60's Bring Slum Clearance Hope 14 November 1968
II Elation Over Housing Okay Fades as Recession Comes 15 November 1968
IV Hotel, Apartment Plans Set Tempo of Future for Section 16 November 1968
V Discrimination Charges Mar Section 14 Clean-Up 18 November 1968
VI Forget Cost, Cleanup Needed 19 November 1968
VII Cleanup's Phase 1 Ends Successfully 20 November 1968
VIII Indian Bureau's Local Agent Recommends Cleanup Support 21 November 1968
IX Better Late Than Never? Apparently... 22 November 1968
X Indian Land Cleared, Empty 23 November 1968
XI ‘Substantial Testimony –’ Where Did It Go? 25 November 1968
XII Complete Report Compiled in Brief Visit! 26 November 1968
XIII Abundant Records Prove City Followed Legal Line in Cleanup 27 November 1968
CONCLUSION The Question Remains: Why Weren't The Critics Where the Action Was? 28 November 1968
ARTICLE No. TITLE DATE
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 1 of 42
Desert Sun Volume 42, Number 87, 13 November 1968
THE SECTION 14 STORY I
City's Critics Late, also Loud, Lame
(Editor's Note: The following article is the first of a series written by The Desert Sun’s Managing Editor, Al Tostado, about the
controversial clean-up campaign conducted by the City of Palm Springs on the Indian-owned parcel commonly known locally
as Section 14).
By AL TOSTADO, Managing Editor
The City of Palm Springs has been damned for something it did - namely, conducting a clean-
up of a cancerous slum area - I but without doubt it would have been equally damned if it
hadn’t!
And out of the myriad ramifications which have evolved throughout the nearly 20-year history
of the controversy, there has emerged no less than a two-fold irony:
One, that, in this day of wide-spread social and racial unrest and revolution, with all
sectors of government and private endeavor seeking to rid the country of its ghettos,
the city’s action should be questioned at all;
And two, that those uttering the most vociferous damnations can point to no record,
even of their own, of any individual or collective positive contribution for resolving the
problems and the issues-neither at the time, or before, let alone since!
Instead, the critics of the city have chosen to remain negative. It might just be that the city's
clean-up campaign simply turned out to be too successful for them, since, at best, the
damning finger-pointing has and is being done from the sanctuary of long distance. And after
a long interval.
They have elected to bask in a piety from having “blown the whistle" even though, after
having summoned the arbiter, have produced no more than aid incomplete summary of the
facts. Distorted? Perhaps. Slanted? Decidedly so.
The annals of Palm Springs’ unique “checkerboard” parceling of Agua Caliente Indian lands
and community properties are themselves brimful of controversy and litigations that date
back more than a century, and are also marked with long distance negotiations and lengthy
delays brought into current focus through Congressional hearings here last May.
It is generally agreed, and most times conceded on all sides, that this “checkerboarding'’
poses a multitude of civic and governmental problems for both the community and the Tribe
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 2 of 42
and Section 14 is not the least of the problems. Records show both sectors have often sought
avenues for resolving the issue of Section 14, but the critics of the city have seemingly
studiously avoided presenting an objective suggestion or recommendation whereby an
equitable solution may be derived. They can find faults, but they can’t help find constructive
answers.
Section 14 first became the target for a clean-up effort early in 1961, though experiencing
some initial opposition to a city survey of the slum area and its conditions which had been
ordered by the Federal Government Housing Agency. However. its history dates to at least
ten years before.
“The children of Section 14 are attending a $5 million school and living in shacks. Would you
be ashamed to leave a $5 million school and go home to live in a shack?”
Accounts of the time credited this statement to Joseph M. Jackson, an Anchorage. Alaska
Realtor and Riverside businessman, who switched his support to the survey after previously
opposing it.
However, those 1961 attempts for the clean-up were short-lived, though subsequently there
were some evictions, demolitions and burnings of “Tobacco Road" type structures.
There were other overtures for clean-up of Section 14 at sporadic intervals during the
succeeding years, but the major concerted effort, from which the latest damnation of the city
stems occurred during an 18-month period in 1964 and 1965. At that, it has taken the critics
more than two years to get around being critical.
From the outset, the issue of Section 14 has been purported to be racial and the city has been
charged with moral irresponsibility toward the minority faction which had made residence
there. Its inhabitants were predominantly Negro.
There is no chance for the critics to charge legal irresponsibility for even their own advocate
grudgingly concedes the city acted well within its judicial bounds.
Thus, the moral aspect is the lone remaining tack the critic may take-though a thorough an
examination of all of the documented evidence proves even that position is untenable.
(To Be Continued)
THE SECTION 14 STORY
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THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 4 of 42
Desert Sun, Volume 42, Number 88, 14 November 1968
THE SECTION 14 STORY II
Early '60's Bring Slum Clearance Hope
By AL TOSTADO, Managing Editor
On May 11, 1961 it appeared that the City of Palm Springs’ attempt to solve its problem of
relocating the scores of people who were to be evicted from their ramshackle dwellings
on Section 14 was taking a step forward.
Joseph M. Jackson, Riverside businessman and Alaska Realtor, told the City Council he was
calling for the residents to cooperate with municipal personnel in the survey of the area which
had been ordered by the Federal Housing Agency.
Jackson disclosed he had previously advised residents not to sign any questionnaires, and the
move had temporarily halted the survey of the southwest quarter of the section, which had
been scheduled for completion the day before.
Jackson said he had not completely understood the necessity for the survey, but after a long
discussion with Planning Director Jack Bearpaw, was pledging full cooperation.
Jackson told The Desert Sun he was “not just representing the Negro population of
the section, but all the people on the reservation” and took exception to the fact that the
council thought he was.
“But the council was right in taking its stand because the only area of Section 14 being
surveyed is the southwest quarter section, residents of which are predominantly Negro.
"In a manner of speaking these people have already been served notice that they must vacate
this area, which is the desert’s worst slum section.”
Jackson also revealed he was attempting to start immediate construction of a new housing
development in Section 10, near Garnet, where he had purchased 105 acres of land and was
planning for both purchase and rental homes.
And on June 27, 1961, The Desert Sun reported that more than 430 families facing eviction
from homes in Section 14 had aid coming from two directions:
- A six-month moratorium on evictions announced by Mayor Frank Bogert;
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 5 of 42
- A promise from Federal Housing Authority representatives to the City Council that
action would be speeded to certify city eligibility for financing guarantees for low-
cost housing, both private homes and rental property.
Section 14 residents had been under a June eviction deadline fron the Bureau of Indian Affairs
that had already brought demolitions and burning of homes in the area.
Richard G, Mitchell, special assistant for the Housing and Home Finance Agency of the
Federal Housing Administration in San Francisco, and William Temple. FHA specialist from Los
Angeles, reported Palm Springs could be certified for special housing finance guarantees
within 30 to 45 days and funds could be cleared for the start of new housing construction
shortly thereafter.
Jackson, Riverside member of the Section 14 Housing committee told the council the Bank of
America, one of the Indian property conservators, was willing to go along on early financing
for low-cost housing he was planning north of the city.
Spokesmen for nearly 50 Section 14 residents feared red tape would delay completion
beyond the six-month eviction moratorium, but conceded the outlook was more hopeful than
at any time in many months.
Jackson further disclosed he was then building 85 units a half-mile north of Garnet on Indian
land and was prepared to construct some 500, selling at $8,500 for two bedrooms and $9,500
for three, at $50 down and $70 per month.
At this rate, a city survey showed, 55 per cent of the families in the area would be able to
afford the houses, based on an estimate that persons earning $400 per month would be able
to afford to buy the dwellings. It was noted these people were paying $70 to $80 per month
for their housing on Section 14.
And for the 45 per cent who could not afford to buy these homes, the city was working on
rentals, and was also trying to assure more facile financing with no down payments and 40-
year loans through the FHA.
On July 8. 1961 Palm Springs financiers disclosed they were negotiating for purchase of land
at the north edge of the city as a site for low-cost FHA housing facilities for the families being
evicted from Section 14.
Attorney Thurman Arnold announced the contemplated plan but withheld the identity of the
principals in the negotiations, saying, “Nothing has jelled yet. But this is the obvious thing to
do. Many people here are moving in this direction.”
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 6 of 42
He said his group was not connected with the Jackson effort, the only other known low-cost
housing movement, adding the main problem his group faced was getting the land at a low
enough price to make it financially feasible.
Arnold said the negotiators would probably not be able to afford more than $3,000 per acre.
“Most of the land is so high around here, but low-cost rentals are the only solution to the
eviction problem I know of.”
(To Be Continued)
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THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 7 of 42
Desert Sun, Volume 42, Number 89, 15 November 1968
THE SECTION 14 STORY III
Elation Over Housing Okay Fades as Recession Comes
By AL TOSTADO, Managing Editor
Within a week, on July 11, 1961, a dispute loomed over the low-cost rental housing for the
Section 14 families when developers Robert Gould and Lawrence Crossley charged the Joseph
M. Jackson effort with not even considering rentals.
Gould-Crossley were then building 23 three-bedroom houses for sale at $12,000 each just
outside the city limits and east of the Municipal Golf Course.
They maintained they were best suited to provide the housing but had been prevented by the
City Planning Commission, charging the commission had done everything it could to
hamstring their efforts to build low-cost, two-story rentals in Section 20.
City Planning Director Richard Coleman confirmed that the commission had twice refused a
Gould-Crossley request for rezoning a five-acre plot so that 150 two-story multiple dwellings
could be erected.
However, Coleman pointed out that on neither occasion had the developers appealed the
commission’s decision to the City Council as they were entitled to do.
Commission minutes showed the requests for the R-3 zoning were turned down because of
not being compatible with the current plans for development in the surrounding area.
Gould-Crossley argued single story dwellings, for which the area was zoned, were not
financially feasible as low-cost rentals saying that only two-story multiple structures would fit
the bill.
Coleman countered that an 5 FHA representative, testifying before the planning commission,
- disagreed, saying his agency believed single-story dwellings - would be financially feasible
as t low-cost rentals.
Mayor Frank Bogert, long active in trying to solve the housing problems of the minority
groups in Section 14 said he thought the Gould-Crossley project would be a good thing.
“I think we ought to stretch a point and let them have the zoning they want,” he said. ‘ Due to
the housing emergency at the present time, we have to lean, over backwards.”
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 8 of 42
Nevertheless, Mayor Bogert emphasized, he wanted to be sure any dwellings built for rentals
would be good housing. “I don’t want to see another slum area. If someone is going to build
a place for these people, it should be good.”
The mayor doubted that the group of unidentified financiers, then negotiating for land for
low cost rentals on the north edge of the city, would find land inexpensively priced enough to
purchase.
Bogert said land in that section was selling for $7,500 per acre. Thurman Arnold had said his
group probably couldn’t pay over $3,000 per acre.
“A $2.5 million housing development which will be used for families displaced from Section
14 has been given approval by the Federal Housing Administration, subject to certain
government specifications, and will soon be under construction within even a few feet of
Palm Springs.
“Eight acres of land has been purchased by the N & W Development Corp., as the site for the
multi-million-dollar project and as the green light was given from Washington, the
developers were already completing their plans for the apartments.”
This was the blockbuster news announced on August 18, 1961 by local contractor Leonard
Wolf Jr. and financier Herman C. Newman and was the upshot of a previous request, of
several months standing, by Mayor Bogert of Wolf to seek a solution to the problem of
homes for the residents of Section 14.
Purchase of the land near the north city limits had gone into escrow July 5 and the Wolf
Newman applications to FHA and FHHA were processed and approved on a rush emergency
order in some three weeks.
Construction was scheduled to get under way shortly of 150 to 200 one, two and three
bedroom, apartment homes along with two swimming pools, recreation rooms and
landscaping.
On hearing about the plans for the project, Mayor Bogert was elated. It had brought to an
end the months upon months of studying for a solution to a problem which was only
worsening with time.
Burt as history now records, the W & N Development Project was not to toe, for financier
Newman subsequently succumbed, and that was followed by the ' period of “tight money”
when, for several years, the entire country was enveloped in a recession which set back many
major housing and building development projects everywhere.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 9 of 42
And the period was particularly harmful to the city’s plans for the immediate solution to the
problems of Section 14.
(To Be Continued)
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THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 10 of 42
Desert Sun, Volume 42, Number 90, 16 November 1968
THE SECTION 14 STORY IV
Hotel, Apartment Plans Set Tempo of Future for Section
By AL TOSTADO, Managing Editor
Tuesday, Feb. 13 set the tempo, somewhat, for much of the activity in 1962 when a public
hearing was set for an application by Tahquitz Development Enterprises, Inc,, for a change of
zone to R-3 hotel and apartment for five acres of land on Section 14, bounded by Avenida
Caballeros and Calle Alvarado extension.
Twenty acres originally were applied for, but were reduced on planning commission
recommendation to permit construction of de luxe cooperative apartments on the site.
“The Agua Caliente Tribal Council certainly has no objection to this request - in fact, we have
supported it,” Ray Jackson, head of the Bureau of Indian Affairs office here, said.
The second in a series of long-range Section 14 zoning plans began on June 7, 1962 in City
Hall between representatives of the Agua Caliente Indian Tribal Council and municipal
officials.
Zones under study included a restrictive commercial zone for spacious business development
along Tahquitz-McCallum Way and a high-rise hotel and apartment zone formula.
The Indians, and Tribal Attorney Ray Simpson, indicated probable cooperation by tribal
members for the long-range plan.
Top officials of the Agua Caliente Indian Tribal Council met with Palm Springs city
representatives July 5, 1962 to polish proposals for long-range Section 14 zoning.
Tribal Chairman Mrs. Eileen Miquel, Tribal Secretary Mrs. Dora Joyce Prieto, former chairman
Mrs. Vyola Olinger and Tribal Attorney Simpson met with Vice Mayor Ted McKinney,
Councilman Harry Paisley, Planning Commissioner Robson Chambers and City Planning
Director Richard Coleman.
The zone plan, with City Council approval and Tribal Council endorsement, was seen as the
end of a two-year struggle over zoning for the strategic mid-town section.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 11 of 42
Upgraded zoning of strategic Indian-owned Section 14 in midtown Palm Springs cleared a
major hurdle Nov. 15, 1962 when the City Planning Commission approved a zoning plan
evolved by Indian owners and city officials.
The plan - a compromise between some planning commission proposals and suggested plans
by Palm Springs architects and Indian landowners - ended three years of discussions which
brought some sharp exchanges between the Agua Caliente Tribal Council and the Palm
Springs City Council.
It also climaxed a petition by Tribal Council Chairman Mrs. Eileen Miguel who had urged the
City Council to take reasonable action to speed solution to the three-year problem.
The plan called for some new commercial and hotel zoning standards, elimination of single-
family residence zoning from the section which had developed blight sectors.
New zones included R-4 for large scale hotel and apartment house developments; RGA,
garden apartment multiple family residential zone; and C-IAA. large-scale retail commercial
zone.
Tribal Attorney Simpson held that zoning for single family residence on leases would not be
practical. The chief assessor for the division of the Bureau of Indian Affairs, which controls
policy on lease approvals for the bureau, ruled long-term residential leases were not the
highest and best use of the land.
Some appraised values on Section 14 held in two and 2.5 acre parcels, “are higher than the
market permits,” Simpson declared.
“In addition, zoning has slowed development, but a program of not renewing of 'slum house
leases’ has upgraded the section.”
On the heels of the Section 14 zoning plan approval came the Nov. 16, 1962 disclosure by
Tribal Attorney Simpson that the site was being considered for a Hilton Hotel.
He revealed Hilton was one of the leads contacted during the survey of Section 14 and
“Hilton wrote us he would be glad to have a hotel on Section 14 with a 99-year lease.”
Long-term leases were initiated with a special Congressional act which permitted the Palm
Springs Spa development at Indian Avenue and Tahquitz-Mc-Callum Way, the first of the new
developments on major Section 14 intersections since 1959.
(To Be Continued)
THE SECTION 14 STORY
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THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 13 of 42
Desert Sun, Volume 42, Number 91, 18 November 1968
THE SECTION 14 STORY V
Discrimination Charges Mar Section 14 Clean-Up
By AL TOSTADO, Managing Editor
Charges of racial discrimination were renewed on Jan. 26, 1963 in connection with a City
Council study of controlled debris burning on Section 14.
Three opposing views were presented to the City Council while it was approving application
of tighter safety controls and explaining the burning was permitted under city ordinance.
Mose Clinton, vice president of the National Association for the Advancement of Colored
People, told the meeting the council had promised a year previous not to permit burning on
the Indian-owned section.
Ray E. Hiller, chairman of the NAACP chapter’s legal committee, said burning of small piles of
debris would be acceptable.
I. S. Eisen, “public relations advisor” to the group, charged that the debris problem was “a
racial issue.”
The application was for burning debris from demolished buildings and clean-up of other
trash. Walter Melrose, conservator for Indian land, owner Eugene Segundo, sought the permit
under city ordinance.
A suggestion that the trash be hauled away was opposed on grounds costs would be
prohibitive and that controlled burning throughout the city is provided by ordinance.
Councilman Harry Paisley declared the city is being whipped and the city is entirely innocent.”
He pointed out that either the permit should be granted, or the ordinance changed.
Council pointed out the city had ordered clean-up in other sections. “In some cases, we’ve
cleaned lots and sent the bill to the owners,” Paisley said.
Council granted the permit on motion by Mrs. Mary Carlin, with stipulation no piles would be
larger than 20 feet at the base and at least 200 feet from an occupied structure.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 14 of 42
Architectural approval of plans for a restaurant, shops and a 47-unit apartment building on
Section 14 at Alejo Road and Indian Avenue was given June 27, 1963 by the City Planning
Commission.
Included in the plan for the 3.6-acre site, leased by Mrs. Eileen Miguel, Tribal Council
chairman, was an underground parking facility for 80 autos, and an additional 63 parking
spaces were provided on the Calle Encelia side of the project.
Architectural approval also was granted for a 66-unit apartment project of the Fuller
Development Co. for the northeast corner of Francis Drive and Sunrise Way, to be constructed
to two stories on 29 per cent of the site.
The same day public hearings on proposed new city zoning ordinances were continued to
Sept. 11 at the request of Indian land owners and conservators.
Simpson sought the continuance to permit further study of a detailed critique of proposed
zoning ordinances. He reported gaining strong federal administrative and legislative backing
for the Indians’ stand against city proposed taxation of Indian improved lands.
The legal counselor had previously reported that city zoning rights on the Indian lands held in
trust by the federal government were subject to adjudication.
Simpson’s objections to industrial zoning for portions of the city airport were withdrawn when
the planning commission outlined the restrictions on the zoning.
“A complete and total cleanup of Section 14, described as “just trash" was urged by both the
City Council and the Indian Tribal Council.”
This was the January, 1965 harbinger for the events leading up to the damnation of the City
of Palm Springs which was culminated with the belated arrival here Tuesday, June 4, 1968, of
the report of the July, 1966 investigation conducted by Loren Miller Jr., of the State Attorney
General’s office.
The Section 14 issue was the main subject of a study session between the City Council and
the Agua Caliente Tribal Council that January 1965.
Mayor Bogert and Councilman Ed McCoubrey were the city voices while Mrs. Miguel, Mrs.
Virginia Sanchez and Simpson were spokesmen for the Tribal Council.
Bogert said Indian owners had been asked to clean up the area, some 40 acres. The Tribal
Council owns some 13 acres, the rest is owned by individuals. Some of the shacks and make-
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 15 of 42
shift-homes were rented for $20 to $40 per month.
McCoubrey advocated city clean-up even if it meant spending municipal funds. “I knew there
would be objections to this, of course, but this Section 14 is a pressing problem,” he said.
City Attorney Jerry Bunker reminded that about three years previous a clean-up campaign
was started there ‘‘but the NAACP crawled down our necks.”
“Are you more worried about the NAACP, or cleaning up the city?” asked Mrs. Miguel.
(To Be Continued)
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Desert Sun, Volume 42, Number 92, 19 November 1968
THE SECTION 14 STORY VI
Forget Cost, Cleanup Needed
By AL TOSTADO, Managing Editor
Councilman Ed McCoubrey was emphatically for the cleanup of Section 14,“... even if we have
to spend X number of dollars to do It. It would be well for the city to spend the money.
“The City Council should seriously consider financing the money for this cleanup. It would be
a good investment. I know there would be some objections to this, of course, but this Section
14 is a pressing problem.”
Indian Agent Paul Hand wanted to know how the city felt about responsibility toward the
people who might be displaced in a cleanup program.
“They (allottees) are letting the places for flat-out moochers,” said Mayor Bogert. “These
people (residents) are not interested in improving themselves,” McCoubrey added.
Hand said city-sponsored public housing projects were being developed in a great number of
Indian reservations.
“Where could you put this public housing?” asked the mayor.
There was no answer to his question.
Mayor Bogert said it was as important to the Indians as it was to the city to clean up Section
14.
“However, the most important aspect is that the city must cooperate with the Indians. We
don’t get any money from these lands at all. Forty per cent of the remaining land here is
Indian land. We will have a more stabilized tax base in Palm Springs when we have cleaned
up Section 14 and more of the land is leased.
McCoubrey said the allottees of the land “must be assured that a cleanup is for their benefit ...
The Indians have special privileges, which we recognize, but we cannot stay here and have
their beautiful piece of land in the condition it is in now right in our own backyard and not do
anything about it.”
THE SECTION 14 STORY
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On March 3, 1965, Section 14 came under heavy fire again when city planners and the Indians
found themselves still at cross purposes over how some areas should be zoned despite many
months of planning that had gone into a new zoning ordinance.
The planning department recommended zoning remain a composite of four zones -
residential garden apartments, a high-density apartment district, a commercial district and a
heavier - use commercial district.
The Indians sought a higher density rate in the hotel and apartment zone and also discussed
revision of parking lot standards.
“We should stick to our guns,” McCoubrey declared, “and go with what is best for the city,
what is the best zoning for the area. The Indians are privileged people, whether we like it or
not. But if we do have to make some concessions to get this placed cleaned up, I’m all for it.”
Planning Commissioner Dinty Moore commented: “I think you have to get the Indian Agent
(Paul Hand) to get his sights down on the property values before you can make progress.”
Vice Mayor George Beebe Jr., said the property values had doubled in recent years. “I don’t
know how they (the Indians) can sit there on land worth $80,000 an acre and get $30 a month
rent and have deplorable conditions.
“I don’t know what concessions we can give them. I would not want to waive one standard
there. I think the zoning we have given them is good and the standards are good.
Visible evidence that steps were being taken on the Section 14 cleanup was recorded October
19, 1965 when abandoned structures, rubbish and trash were bulldozed into piles and burned
under controlled conditions by the city fire department.
At least 13 old buildings were scheduled to be fired during the operation with the fire
department to mount a night standby, City Manager Frank Aleshire reported to the City
Council.
Mayor Bogert and Councilmen Beebe and McCoubrey agreed that in some instances the city
cleanup operations were lagging and asked for a speedup “particularly in the Indian-owned
land of Section 14.”
City Manager Frank Aleshire said meetings had been held with departments responsible for
keeping the city clean, “but it just takes time to accomplish.” He said charred debris would
also be unsightly, but steps would be taken to eliminate it.
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Desert Sun, Volume 42, Number 93, 20 November 1968
THE SECTION 14 STORY VII
Cleanup's Phase 1 Ends Successfully
By AL TOSTADO, Managing Editor
Phase One of the Section 14 clean-up campaign was reported completed on Nov 17, 1965
and Fire Marshal James E. Harris presented a progress account to the city.
Harris, also chief of the city’s Fire Prevention Bureau, said the abatement program on the
section had a June 1966, deadline, and the City Council had voted an additional $l0,000 to the
original $5,000 budgeted for the project.
“We have a peculiar task in regard to nuisance abatement. The appearance of our community
is of special importance because of the resort nature of Palm Springs,” City Manager Frank
Aleshire said.
Although the main functions of the Fire Prevention Bureau are inspections of occupancies and
enforcement of fire codes, it undertook abatement as a special project for the city.
Don Abercrombie had recently joined the bureau’s staff as the new cleanup coordinator and
was making surveys of the areas being abated and working with the Bureau of Indian Affairs.
Harris pointed out that while abatement was not confined to Section 14, main efforts were
being exerted in this area since lit was the most adverse condition then existing in the city.
He disclosed his bureau was maintaining a two-man crew, working through the Public Works
Department, which was continually canvassing the entire community and cleaning up various
areas throughout the city as the need arose.
Preparations for the abatement of Section 14 - bordered by Indian Avenue. Ramon Road,
Sunrise Way and Alejo Road had been in progress for the past six months.
Phase One included four blocks near Calle Encilia and Arenas Road and was begun Oct. 18.
Phase Two, a 20-block area, was then under way.
The Fire Prevention Bureau anticipated the overall project would require possibly 10 phases.
THE SECTION 14 STORY
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Harris reported that before abatement was begun, the department studied and
photographed all abandoned structures in the area.
Actual demolition was handled by the Suppression Bureau of the Fire Department, as well as
by some independent firms. These firms carried out various stages of the operation which the
department was not equipped to handle.
He disclosed only $616 had been expended up to that point for help from independent firms
in abating Phase One. Suppression Bureau man hours had totaled 124, with equipment on
standby for 80 hours. The prevention bureau spent 130-man hours on the project.
“Although clean-up activity on Section 14 is not new,” Harris declared, “this is the first time a
concentrated phase-by-phase effort has been spearheaded by the city.
“The project has met overwhelming acceptance.
“The Bureau of Indian Affairs has recognized the value of the program, and thus, has I
encouraged the Indians, their conservators and their guardians to cooperate fully.”
The Bureau of Fire Prevention for the City of Palm Springs has in its files a letter if received
Nov. 18, 1965 from Paul Hand, director of the Bureau of Indian Affairs office here, in which
the city was advised of the latter bureau’s actions regarding the abatement of Section 14.
Hand’s communique to five Indian land owners, through their conservators or guardians,
informed them of the city’s offer to collect, pile and burn all rubbish, trash, litter and waste in
the area and he enclosed maps.
He informed them this program had already been carried out in some blocks south of The
Springs Apartments and was now being organized in the area bounded generally by the
Baristo Canal on the south.
Hand noted two of the areas were under lease, and in these instances, suggested the land
owner get the consent of the lessee endorsed on the ‘‘Permit to Burn Debris.”
“The city is most anxious to proceed in this program. Let’s show our appreciation of city
assistance by moving on this program with all possible speed.” Hand concluded.
(To Be Continued)
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Desert Sun, Volume 42, Number 94, 21 November 1968
THE SECTION 14 STORY VIII
Indian Bureau's Local Agent Recommends Cleanup Support
By AL TOSTADO, Managing Editor
March 7, 1966 saw the Bureau of Fire Prevention file a progress report with the City of Palm
Springs on the Section 14 abatement program.
From Oct. 18, 1966 to Feb 24, 1966 the bureau conducted 410 inspections and re-inspections
of structures and the area; 152 notifications had been sent to either conservators, guardians,
allotees or occupants.
Demolitions of structures totaled 155, including 43 which had been abandoned and 112
which had been vacated; and the same number, 155 of controlled burnings of structures,
trash, litter and rubbish had been conducted.
April 25, 1966 saw Leonard M. Hill, director of the Sacramento office for the Bureau of Indian
Affairs receive a request from the Washington, D.C. office for more information "as soon as
possible as to the implications of this proposed demolition grant and what bearing it has on
the trust responsibilities of the Bureau."
Hill was advised of the Acting Urban Renewal Commissioner's request to the Washington
office whether or not, the notice issued by the Secretary of the Interior, published June 25,
1965 was broad enough to cover the activities contemplated by the City of Palm Springs
under a pending application for a demolition gram under Section 116 of the Housing Act of
1949 as amended.
"The City proposes to carry out a demolition program on the Agua Caliente Indian
Reservation. Under the Demolition Grant Program, federal grants are made to cities and other
municipalities to assist in financing the cost of demolishing structures which under state or
local law, have been determined to be structurally unsound or unfit for human habitation. The
local public agency acquires no interest in the properties but relies on the police power for its
authority.”
The city’s Bureau of Fire Prevention marked May 12, 1966 as the date of receipt of a copy of
this letter.
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May 11, I966 saw Paul Hand, of the Palm Springs’ Indian Affairs office, forward an
informational communique to Hill in response to the latter’s request, stemming from the April
25, 1966 letter he’d received from Washington.
Hand wrote:
"The efforts of the City of Palm Springs, the Probate Court, the Bureau, various
conservators and guardians, the Tribal Council and Indian land owners to secure
removal of sub-standard dwellings on various Indian lands, but particularly in
downtown Section 14 have extended over the past six years.”
"The City first attempted to get the clean-up program carried out on a voluntary basis with
the landowners to stand all costs. This program was partially successful and resulted in a
substantial number of dwellings being destroyed.
“Under this program the job was not completed, however, and the City renewed its efforts for
a voluntary program in 1964. We enclose a copy of a resolution of the City dated September
21. 1964, setting forth the City’s position.
“The City’s resolution met with little response, primarily for the reason that Indians were
enjoying some income from occupants of the sub-standard dwellings and for the further
reason that many of the Indian estates did not have sufficient funds available to finance the
cost, of further clean-up.
“The City, subsequent to its effort of September1964, then investigated the legal possibilities
of declaring such improvements legally nuisances but abandoned this approach when it
concluded that the City had to legal means to put enforceable liens on Indian lands to defray
City costs of abatement, i.e. removal.
"In the latter part of 1965, he City appropriated funds and established the office of
coordinator, to which office was assigned the responsibility of negotiating the procurement of
permits to bum debris from various Indian land owners. A copy of the permit, form is
attached.
The coordinator contacted this office and asked for our participation, to which request we
responded. Enclosed us a sample communication which we sent to a number of Indians or
conservators or guardians on whose lands some of these shacks were located.
“It will be noted that our letter states that the City did not have funds available to complete
the removal of debris and that the City hoped to have available funds at a later date for
financing the clean-up operation The coordinator initiated, also, a program at City expense to
remove remnants of motor vehicles.
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“As a result of the City’s decision to finance the removal of unclaimed vehicles and the
burning of sub-standard dwellings, the City has to date removed 182 dwellings, the burning
being done under a program supervised by the City Fire Department.
“Currently there remains a substantial number of sub-standard dwellings and other buildings
on Indian lands. We are informed by the city coordinator that his survey shows approximately
35 such units.
“Many of these are located in Section 14 but there are some on other Indian trust lands within
the City limits. In addition to the remaining sub-standard buildings there is debris remaining
from the various supervised burnings which desirably should be trucked to the local dump.
“The City’s current program has met with a high degree of acceptance by the Conservators,
Guardians, Tribal Council and the various Indian land owners.
“It is my recommendation that any effort initiated by the City to procure additional funds for
furthering the City’s cleanup program on Indian lands located within the City be fully
supported by the Bureau of Indian Affairs.”
(To Be Continued)
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Desert Sun, Volume 42, Number 94, 22 November 1968
THE SECTION 14 STORY IX
Better Late Than Never? Apparently...
By AL TOSTADO, Managing Editor
In a memorandum to the press, marked for release at 11 a.m., Tuesday, June 4, 1968 came the
announcement by the State Attorney General’s office that “the city of Palm Springs was
charged today with a ‘classic study in civic disregard for the rights of minority citizens.’
“This charge highlighted a report on Palm Springs' demolition of its Negro ghetto, The report
was released by Chief Deputy Attorney General Charles A. O'Brien in Los Angeles. Deputy
Attorney General Loren Miller Jr., chief of the Attorney General's Constitutional Rights Unit,
prepared the report.”
The Miller Jr., report is dated May 31, 1968, which, by his own preamble, is nearly two years
after he initiated his investigation on July 25, 1966. He explains that the delay resulted from
extended unavailability of certain participants and work load problems within his unit.
Now, just to keep the chronological order of things straight, it should be interjected here that
the first accounts of the state’s probe of the city’s 'slum’ plan appeared on April 2-3, 1967,
again nearly a year after Miller launched his quest for the facts. But, we’ll get to these a little
later.
Miller reported to O’Brien that the Attorney General’s office was requested on July 22. 1966,
by the Fair Employment Practices Commission to contact Mr. Ernest Moore of the Office of
Economic Opportunity in Palm Springs, concerning the removal of several hundred residents
from an area of that city known as Section 14. The FEPC request to the Attorney General’s
office which Mr. Moore had written to Governor Edmund G. Brown.
Miller reports coming to Palm Springs and conferring with Moore, who told him the city had
burned down the homes of Negro residents of Section 14 – “destroying their personal
belongings, as well as the buildings, without giving the residents sufficient notice of the
planned destruction.”
He continues that following this initial meeting, on July 25, 1966, extensive interviews were
conducted by Miller and a special agent of the Department of Justice. The interviews included
city officials, contractors involved in the property destruction, conservators for the Indians,
and residents of Section 14. Most of the demolition occurred in late 1965 and in 1966.
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Miller offers his explanation for the delay in filing his report, then concludes his prefacing
remarks with, “Every statement in this report is based on substantial testimony by
knowledgeable witnesses and participant.”
There is no evidence that any crimes were committed in the removal of the residents of
Section 14 and the destruction of their home.
“Yet the incident displayed a unique insensitivity on the part of the City of Palm Springs to the
problem of adequate minority housing, in particular, and to minority-community relations in
general.”
This is Miller’s opening comment in the conclusion portion of his report. He goes on to say:
“The manner in which the demolition of Section 14 was accomplished makes it a classic study
in civic disregard for the rights and feelings of minority citizens.
"Homes were destroyed with no real concern on the part of the city that the families were
properly notified of the impending destruction.
Accompanying the imperious destruction of the Negro homes in Section 14 is the city’s
continuing disconcern for relocation of these citizens. This has resulted in many minority
citizens being forced to live in Beaumont or Banning - 25 or 30 miles from their working
places in Palm Springs. Other former residents of Section 14 moved into a formerly defunct
housing tract in a desolate, windswept area of north Palm Springs, where they live two and
three families to a house.”
Miller acknowledges Palm Springs is a relatively small city, and the number of persons
involved was only 1,000 then contends “this does not excuse the city’s action, nor does it
diminish the antagonism of the persons involved in the eviction and destruction. ‘
“In terms of proportionate population. Palm Springs’ action is equivalent to the arbitrary
removal of 200,000 persons from their homes in Los Angeles.
“When a natural holocaust devastated sections of the wealthy Los Angeles suburb called Bel
Air, it was declared a disaster area and received special federal benefits. The minority
residents of Section 14 did not receive such aid when their homes were destroyed by a city
engineered holocaust. Such inequities give rise to antagonisms.”
(To Be Continued)
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Desert Sun, Volume 42, Number 96, 23 November 1968
THE SECTION 14 STORY X
Indian Land Cleared, Empty
By AL TOSTADO, Managing Editor
Attorney General Loren Miller Jr. backgrounded his report on Section 14 with the comments
that “for about 35 years, the main available living area for working people of Palm Springs
was Indian land adjacent. to the downtown business area of the city...known as Section 14 of
the Indian reservation.
“During the past three decades, this area became the primary residential area for the Negro
and Mexican-American population of Palm Springs. This resulted from two main factors:
“- The average minority person could not afford to live in any other area of Palm Springs;
De facto racial segregation was prevalent in Palm Springs, as in other parts of California.”
He continued that when these tenancies first were created and for many years after, the
leases of the land from the Indians were limited to a five-year duration by federal law.
“Under the tenancy created on the reservation land and approved by the Bureau of Indian
Affairs, the tenant leased the land from the Bureau for a stated price and was then permitted
to build or relocate a dwelling place upon that piece of land. The lease further provided that
the tenant owned the dwelling place in which he resided and was free at any time to remove
the dwelling place from the land.
“Homes on the Indian land were equipped with utilities and the majority were built under
permits issued by the City Building Department. City Building Inspectors passed on the
buildings while they were under construction.
“Homeowners also paid taxes to Riverside County, based on the value of their residences.
House values ranged from $1,000 to $8,000.”
Miller points that in 1959 a new federal law distributed the Indian-held land in Palm Springs
to individual members of the Agua Caliente tribe, and also provided for 99-year leases on
Indian property, rather than the traditional short-term leases.
“When the new 99-year leases became available, the City of Palm Springs and various real
estate developers became interested in the commercial development of Section 14.
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He continues that originally, the city planned to use abatement laws to clear Section 14, but
conflicting jurisdiction between the city and the Bureau of Indian Affairs “frustrated this
scheme.
"Conflicts between the city and the Indians over proposed zoning for this area also arose,
following 1959, he reports.
“Complaints were received by this office, during this period, concerning city development
plans for Section 14. These initially vague complaints concerned possible conflicts of interest
and questionable actions of Indian conservators.
“They also charged overriding city interest in commercial development of the land, without
regard to the interests of the current tenants.”
Miller went on to point out that the same 1959 law for long-term leases and individual
distribution of the Indian land also provided for conservators to protect the individual Indians’
interests.
“In 1964, the City of Palm Springs approached the conservators with a plan to raze Section
14. The city proposed that the Indians - through their conservators - terminate the leases or
rentals of the lands. The city would then clear the land, using city funds."
Looking into the legal method, Miller reported:
“The city - to protect itself against any legal action - asked the conservators to serve notice
upon the tenants that tenancy would be terminated within the statutory period of thirty days.
“The conservators were also to inform the tenants that permits to clear the land would be
issued to the city after the tenants were served with the notices.”
The Attorney General’s investigator contends that “testimony was received that the
conservators in many instances did not actually consult with the Indian owners of the land
concerning the termination of the leases in Section 14.
“Testimony from several sources indicated that the conservators, in many instances, executed
the eviction notices without making a full disclosure to their Indian wards, who were leasing
the land.
“Further testimony indicated that many of the Indians were induced to execute various
documents by statements of the conservators that they could lease the land at higher rentals
to commercial enterprises.“ To date, the land cleared in Section 14 has not been leased and
stands vacant.”
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Earlier in his report, Miller maintained the Indians who own the land are disillusioned, since
the land which once produced revenue for them now lies vacant.
(To Be Continued)
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Desert Sun, Volume 42, Number 97, 25 November 1968
THE SECTION 14 STORY XI
‘Substantial Testimony –’ Where Did It Go?
By AL TOSTADO, Managing Editor
“Every statement in this report is based on substantial testimony by knowledgeable witnesses
and participants.”
This was the closing comment submitted by Deputy Attorney General Leon Miller Jr., chief of
the Attorney General’s Constitutional Rights Unit, to his superior, Charles A. O’Brien, Chief
Deputy Attorney General in Los Angeles.
And Miller went on to cite:
“Joe Leonard, of Leonard Construction Co., indicates that a dwelling which he owned on the
reservation land was demolished without notice and that his property inside the dwelling was
destroyed and burned.
“It should be noted that Lewis Hunt, who was employed by the Valley Equipment and Sales
Co., stated that he was threatened with a gun by a Section 14 homeowner when he
attempted a demolition.
“This story was confirmed by Chief of Police Orest Johnson and also by Captain White of the
Palm Springs Police Department. This corroborates to some degree the stories of the former
tenants of the area that the city was demolishing homes which were occupied and had
personal possessions in them.
“While the city maintains that all persons living on the land, or known owners of dwellings,
received notices that the dwellings would be demolished, the former tenants disagree. A
majority of tenants claim that they did not receive 30-day notices, nor three-day notices, nor
any notices.
“Many tenants discovered the demolition after the dwellings had been knocked down and
their belongings were missing. Among the possessions lost or destroyed were such items as
air conditioners, stoves, refrigerators and clothing. The tenants steadfastly maintain that few
of them ever received a notice to vacate their land.
“For example: Homer Manning, a member of the City Human Relations Council, was informed
by his tenant that his building - valued at $8,000 - was about to be demolished. He was told
THE SECTION 14 STORY
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that a bulldozer was ready to knock down the building. He was able to retrieve some, but not
all of his property.
“Mr. Moses Clinton said that his house - occupied by his son. Harl—was destroyed without his
knowledge while his son was at work. Harl Clinton’s personal belongings, along with a stove,
refrigerator, furniture and an air conditioner, were either destroyed or taken from the house.
“Mr. James Goree said that his house - valued at $3,400 and occupied by his sister - was
destroyed without notice. Similarly destroyed was the house of an elderly neighbor, a Mrs.
Spilletti, who died following her eviction.”
The Miller report fails to substantiate the inference the woman’s death was the result of the
eviction.
“Mr. R. L. Lucas, a 77 year old man, received a notice to vacate several dwellings he owned. He
did not believe the notices. The City destroyed five dwellings owned by Mr. Lucas and valued
at $5,100. Mr. Lucas also states that he lost six water tanks, four stoves, four refrigerators, six
air conditioners, 15 beds and 15 mattresses. Mr. Lucas depended on a total rental of $460 per
month from these units for his support.
“Mrs. Van Williams received an eviction notice but disregarded it and took a trip to Los
Angeles. When she returned, her house-valued at $7,500 and all her personal possessions had
been destroyed. She had built the home in 1964 and had been a resident of Palm Springs
since 1933.
F Miller further reported:
“Perhaps the most conclusive evidence of the city’s attitude is the fact that the City of Palm
Springs kept no official record of the persons displaced and the residences destroyed in
Section 14, and could offer no evidence of any attempt at determining that each homeowner
and resident had been properly served with eviction notices.
“The City of Palm Springs not only disregarded the residents of Section 14 as property
owners, taxpayers and voters; Palm Springs ignored that the residents of Section 14 were
human beings.”
This was how Loren Miller Jr., concluded his ten-page report - and it is curious how the
“substantial testimony” by other “knowledgeable witnesses and participants” could have been
completely omitted from it.
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Desert Sun, Volume 42, Number 98, 26 November 1968
THE SECTION 14 STORY XII
Complete Report Compiled in Brief Visit!
By AL TOSTADO, Managing Editor
It is now November 1968, nearly six months since May 31 when Loren Miller Jr. submitted his
report to Charles A. O'Brien, Chief Deputy Attorney General, and since June 4, 1968, when the
contents of that report were released to the press.
We point with emphasis to the span of six months because it has taken that long for City
Manager Frank Aleshire and the various municipal department heads to search their files for
the documented history of the question - Section 14! And they’re still searching!
Six months plus is marked contrast to the length of time Miller spent gathering the material
upon which he based his report. Aleshire’s best recollection credits Miller with only a one-day
visit here. Though, acknowledging the attorney general’s investigator the benefit of the
doubt. Miller could have spent three or four days here, but no city official can, in good faith,
credit him with as much as a week.
So, it’s no wonder Miller’s findings do not include some very pertinent public records in the
city's files.
Even the briefest and barest of chronologies, one would think, should include that in April,
1951, the City of Palm Springs, was instructed by the California Housing Authority and the
county Department of Health that the dwelling units in Section 14 were sub-standard and
should be abated. That same year, eviction notices were issued to Section 14 residents of
dwellings which had been built originally for Indians prior to 1951.
The records read like a diary:
- June 6, 1951 - The City adopted Resolution 3172 instructing the city manager to
arrange meetings and to try to solve the problem of housing for colored people on
Section 14.
- Dec. 19, 1951 - Resolution 3307 instructed the city manager to secure deferments
of eviction notices which had been issued to May 1952. In some cases, the
deferments ranged six months or more.
- Jan. 9, 1952 - Resolution 3338 saw the City Council appoint a five-man committee
to work on the housing problems.
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- June 30, 1953 - Resolution 3808 declared a moratorium on the enforcement of
City Housing Code regulations, giving the people on Section 14 six months to bring
their properties up to standard.
- Sept. 1953 - the City Council extended this moratorium to - June 1, 1964.
- Oct. 6, 1953 - Resolution 3900 called for the council to appoint a three-man board
to conduct abatement hearings. There were a number of hearings held well into the
latter part of 1955.
- March 1961, Resolution 6213 requested the Federal Housing Administration to
issue certificates which would make the people of Section 14 eligible for relocation
assistance under Section 221 of the Housing Code.
- April 1961, Resolution 6291 shows the City Council directing city administrations
to make back surveys of Section 14 to support the requests for assistance as
required by the federal agency. Two weeks later, on April 17, the Building
Department reported there were 271 occupied dwellings and 20 vacant houses in
the southwest quarter of Section 14.
- June 12, 1961 - Resolution 6419 ordered the appointment of a seven-member
Citizens’ Committee for Section 14 to work on the housing problems. One of the
members was Rev. Jeff Rollins. Later that month, Richard Mitchell, special assistant
to the Regional Administrator of the Housing and Home Financing Administration
of the federal government, appeared before the City Council to explain what had to
be done by the city in order to qualify the 221 housing assistance program.
- July 10, 1961 - Resolution 6454 saw the council approve a program for community
improvement, which was one of the requirements of the HHFA.
- February 19, 1962 - Resolution 6781 had the council requesting the Bureau of
Indian Affairs and the Conservators-Guardians to formulate a program to remove
debris from Section 14.
- Sept. 21, 1964 - Resolution 8168 was a council request to the Agua Caliente Indian
Tribal Council, the Bureau of Indian Affairs, the Indian allottees and the
Conservators-Guardians to aid the city in cleaning up Section 14.
- Feb. 8, 1965 - the City Council requested the City Manager to study all feasible
means for cleaning up Section 14.
- Oct. 4, 1965 - the City Council declared Section 14 a public nuisance and
authorized the Fire Department to burn debris.
(To Be Continued)
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Desert Sun, Volume 42, Number 99, 27 November 1968
THE SECTION 14 STORY XIII
Abundant Records Prove City Followed Legal Line in Cleanup
By AL TOSTADO, Managing Editor
The chronology of municipal documents regarding the Section 14 clean-up continues with an
Oct. 25, 1965, action in which the city council appropriated $10,000 to the fire department for
expenses stemming from the project.
On April 25, 1966, the City of Palm Springs received a letter from Pete Siva, chairman of the
tribal council, thanking the city for cleaning up Section 14.
February 27, 1967 - Resolution 8872 authorized the city manager to accept $45,000 from the
Bureau of Indian Affairs for the demolition and burning work on Section 14.
Additionally, city records show that during a period from 1961 to 1963, 108 structures on
Section 14 were demolished as a result of actions by private citizens in connection with new
building construction such as the Spa and Dunes Hotels, Plaza Motors, Welmas Springs
Apartments and Villa Alejo Apartments.
A period from 1959 to 1965 saw the city eliminate 21 structures as part of the Fire
Department’s cooperative program with the owners. And during the same period, 79
additional structures were removed by owners without city cooperation or assistance.
After Oct. 30, 1965, the city removed 230 structures where owners gave permission to burn
after the owners had evicted the tenants. The city demolished only vacant structures such as
ramshackle trailer and outhouse and garage-type dwelling units.
A 1961 report from the planning and police departments held there were some 2,000 persons
among the approximately 173 families of two or more persons to be displaced. It also held
there were 321 white families and 115 non-white families residing in the section in question.
On Oct. 10, 1961, the city council rezoned five acres of Section 20 for 120 low cost housing
units. Developer Robert Gould applied for a low interest loan for the project and
subsequently announced the city had qualified for it.
In Dec. 1961, seven and a half acres were rezoned in Section 34 on the north end of town for
a development of from 200 to 250 units. However, developer William Newman died before he
could gel the proposed project under way.
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In Jan. 1965, 20 acres of Section 20 were rezoned for a 300-unit low-cost housing project
proposed by developer Paul King.
In Nov. 1967, the city council disapproved a proposed federal rent supplement program for
an eight-acre parcel in Section 34 on grounds that it didn’t feel such a program was
appropriate for Palm Springs.
In July of this year (1968), the city issued a permit to Baron Construction Company for 60
units of low-cost housing at Cherokee and East Palm Canyon and that effort is now going
ahead.
Various utility companies’ records show that in 1965 there were 372 gas hook-ups in Section
14, while this year there are only 303 in all of Section 14, including all new as well as old
buildings.
The electric company reports 268 resident meters were in operation in 1963 in Section 14,
and there are 118 in 1968.
The water company pulled out a total of 138 water meters between 1964 and 1965 and lists
93 meters in the section in 1965.
Fire department records show it abated 235 structures in Section 14 between 1965 and 1967,
of which 92 were abandoned and the remaining 143 were evictions by Indian owners.
To date, no one has come forth with legal action to support the charge that the abated
structures belonged to the people living in them and that the city destroyed their property
illegally.
“In all cases,” Aleshire avers, the Indian owners either had no leases at all with the residents,
or bad leases that contained a 30-day cancellation clause.
“Evictions were handled by the Indian owners of their conservators or guardians who, under
the terms of their leases, gave 30 days’ notice.
“In cases where the residents were not moving out, the owners or their spokesmen went to
court, secured an eviction order which was served by deputies and eventually the people
moved out. There are detailed records of these actions,” the city manager maintains.
Only one lawsuit has been filed as a result of the abatements - by Joe Leonard, claiming the
building he owned was worth $2,000. He sued the city for that amount, in Superior Court at
Indio.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 39 of 42
“It is true that the city destroyed a residence owned by the plaintiff. It is true that the city
secured a permit for demolition from land owner Dora Joyce Prieto.
“It is not true that the plaintiff was damaged in any amount. It is not true that plaintiff had any
property rights whatsoever, and it is not true that the city wrongfully destroyed the plaintiff’s
property.”
So ruled Judge Merrill! Brown.
(To Be Concluded)
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THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 40 of 42
Desert Sun, Volume 42, Number 100, 28 November 1968
THE SECTION 14 STORY Conclusion
The Question Remains: Why Weren't The Critics Where the Action Was?
By AL TOSTADO, Managing Editor
Despite the record, Deputy Attorney General Loren Miller Jr. was still able to charge Palm
Springs with “a classic study in civic disregard for the rights of minority citizens” in his report
to his superiors - report he admitted was two years late.
Miller, chief of the state Attorney General’s Constitutional Rights Unit, linked the ghetto
destruction to federal accusations of misconduct by conservators for the Agua Caliente
Indians.
“Homeowners who leased lots in Section 14 saw their homes destroyed without notice and
their personal property burned,” Miller wrote.
Apart from the 30-day clauses in what few leases there were, as well as the eviction notices,
which Miller charges “the city paid little attention to,” what about the city’s actions which date
from 1951? It appears that Miller regards a decade and a half as short notice? That is, if he’s
taken that long and detailed process into consideration at all.
As for the burning of personal property, is there anyone, let alone city and fire department
officers, so ignorant that he would put to the torch someone else’s belongings while aware of
the legal repercussions that no doubt would ensue?
And then Miller wrote:
“Perhaps the most conclusive evidence of the city’s attitude is the fact that the City of Palm
Springs kept no official records of the persons displaced and the residences destroyed in
Section 14, and could offer no evidence of any attempt at determining that each homeowner
and resident had been properly served with eviction notices.”
It appears more that it was Miller who did not make the attempt.
And what about Ernest Moore, who was then with the Office of Economic Opportunity in
Palm Springs?
Miller credits Moore with the writing of a letter to Gov. Edmund G. Brown, disclosing the
removal of the residents of Section 14 and initiating the Miller investigation.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 41 of 42
Moore appears as little more than a walk-on in the piece, but it seems that with his zeal in
letter writing and his concern for the minority people in question, he could have projected
himself into a greater role.
There are some 400 funding programs administered by more than 100 federal agencies
whereby communities may secure financial aid for whatever their municipal problems might
be.
Thus, it would seem that through his post in the Office of Economic Opportunity, by direct or
indirect contact, Moore could have provided Palm Springs with guidelines at least to alleviate
the plights of both the city and the residents of Section 14. But he didn’t.
At last word, Moore was still nearby - in the Riverside Office of Economic Opportunity though
he hasn't been heard from here recently. But, maybe better late than never.
Finally, Miller wrote: “We would recommend that the City of Palm Springs undertake special
efforts to correct the problems of inadequate minority housing and the general low level of
relations between the city government and the minority residents of Palm Springs.”
He asks for special efforts, but he doesn’t suggest even one.
"The Indians who own the land also are disillusioned, since the land which once produced
revenue for them now lies vacant.
“This disillusionment is closely connected with the federal government's investigation of the
administration of Indian guardianships and conservatorships in Palm Springs.
“There is evidence of unusual cooperation between developers, the Indian conservators, and
the City of Palm Springs in the demolition of Section 14.
“The Section 14 situation reinforces the question of Indian conservator conduct which was
initially raised by the Department of Interior.”
Well, the Department of Interior has yet to make formal charges stemming from its
investigation of conservator conduct, and recent legislation in the congress will give its
Bureau of Indian Affairs the chance to erase the Indians’ disillusionment and bring forth
occupants, and revenue, for the lands now lying vacant.
THE SECTION 14 STORY
THE DESERT SUN 1968 SERIES OF ARTICLES by AL TOSTADO, MANAGING EDITOR Page 42 of 42
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