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HomeMy WebLinkAboutKnapp - 7-24-2024 Agenda Oswit Land TrustFrom:Angie Knapp To:Planning Subject:7-24-2024 Agenda Oswit Land Trust Date:Tuesday, July 23, 2024 10:55:16 PM Attachments:Open Records Timeline Recap_1.4.2024.pdf 07.19.2024 Preserve Pics.docx 12.2021 Photos MCC Golf Course.pdf Letter to City_Code Enforcement 1.09.2024 Names Redacted.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. From: Mesquite PSCA <MesquitePSCA@hotmail.com> Sent: Friday, July 19, 2024 9:00 PM To: Scott Stiles <Scott.Stiles@palmspringsca.gov> Cc: Christopher Hadwin <Christopher.Hadwin@palmspringsca.gov>; Jeff.Ballinger- C@palmspringsca.gov <Jeff.Ballinger-C@palmspringsca.gov> Subject: Code Enforcement Issues-Former Mesquite Golf Course Dear Mr. Stiles, In January we sent the below email with the attached letter (56 signatures) and the attached Open Records Timeline. It is over 6 months since the letter was sent and the property deteriorates more every day. Dry conditions. Noxious weeds like mustard. foxtail (toxic to dogs), and goat heads everywhere. The goat heads pierce bike tires and stick in the paws of pets who try to use the City bike path/sidewalk. Coyotes roaming into neighborhoods and going after pets because the rabbits and waterfowl are almost gone. Attached are Dec. 2021 photos of the property, the same month the Purchase Agreement between Palms Partners and the Prescott Foundation is dated. The property was pretty and green (irrigated with recycled water from the DWA) until the sale in June 2022. It had ducks, coots, geese, and rabbits, food for coyotes. With those numbers drastically reduced, coyotes are going after pets. Everything dead on the property, from grass to mature trees and cacti, is a result of the golf course shut down. It was shut down because the Prescott Foundation required Palms Partners to close it as a condition of the Purchase Agreement between them. We are puzzled why every complaint made by citizens to Code Enforcement, seems to be referred to the Planning Department. If and when the Preserve is permitted, it could be years before the project can begin. There may be unforeseen circumstances like lack of funding. There is a MOU between the Prescott Foundation and Oswit Land Trust that gives Mr. Prescott the right to take the land back if Oswit cannot meet certain conditions. The only certainty for the land is its existing blighted condition and that is not being addressed. We believe the property conditions violate the following PS Municipal Codes: 11.72.170 - Property Maintenance 11.72.170(a) - Economic Welfare, Residential Attractiveness, Community Character 11.72.170(b)(5) - Irrigation systems for planted area. 11.72.170(c) - Dead, decayed trees etc. Harbor rats/vermin. Fire hazard. 11.72.170(d) - Substantial lack of maintenance...viewable from by the public and neighboring properties. 11.72.060 - Polluted Water...Algae 8.80.120 (2)(4)(5) - Blight We have lived with this blight and these safety issues for over two years now with no end in sight. We very much need the City's help! Respectfully, Concerned Mesquite Country Club Homeowners From: Mesquite PSCA Sent: Wednesday, January 10, 2024 2:21 AM To: Veronica.Goedhart@palmspringsca.gov <Veronica.Goedhart@palmspringsca.gov>; David.Recio@palmspringsca.gov <David.Recio@palmspringsca.gov> Cc: Grace.Garner@palmspringsca.gov <Grace.Garner@palmspringsca.gov>; Scott.Stiles@palmspringsca.gov <Scott.Stiles@palmspringsca.gov>; Jeff.Ballinger- C@palmspringsca.gov <Jeff.Ballinger-C@palmspringsca.gov>; Chris.Hadwin@palmspringsca.gov <Chris.Hadwin@palmspringsca.gov>; Joel.Montalvo@palmspringsca.gov <Joel.Montalvo@palmspringsca.gov> Subject: Code Enforcement Issues-Former Mesquite Golf Course Dear David and Veronica, We are a group of concerned Mesquite Country Club (MCC) owners. We do not represent the MCC HOA in any official capacity, nor do we represent all MCC homeowners. As a group we do not oppose or support the intended use of the former golf course by the new landowner. We are a group very concerned about life safety issues and the progressive deterioration of the former Mesquite Country Club Golf Course since it was sold and ceased operations over 19 months ago. The property has gone from a green, watered, landscaped golf course to as much of a blight as the abandoned Bel Air Greens. Coyotes, bobcats, and the homeless are daily challenges to our personal safety. Attached is a signed, detailed letter of our concerns. Also attached is a Timeline of Code Enforcement Issues we obtained through an Open Records Request. We would very much appreciate a response to our letter of concerns. Thank you for your time! Concerned Mesquite County Club Homeowners December 2021 Photos (OLT Purchase Agreement also dated Dec. 2021) Source: https://www.facebook.com/MesquiteGolfClub/ Source: https://www.pscondos.com/palm-springs/mesquite-country-club/ Source: https://www.visitgreaterpalmsprings.com/listing/mesquite-golf-%26-country-club/6648/ 1 FORMER MESQUITE GOLF COURSE CODE ENFORCEMENT RECAP BASED ON OPEN RECORDS Timeline: • March 2, 2023: Shaun Murphy (MCC HOA Attorney) to David Recio. • April 19, 2023: Recio, Teeple, Arumendo - Responding to a resident complaint, write a Memorandum Mesquite Golf Course (Prescott Preserve). While no “hazardous or unsafe” conditions were observed, there were code violations observed (PSMC 11.72.170(b)(4)(c)(d). “Based on our inspection, we did not observe any fire hazards, but more of a property maintenance issue that the owner needs to address.” • April 25, 2023: Recio in a letter to Goedhart - Quotes two paragraphs from Garrison which include the following objections: o “To hear the City is looking for us to comply with circa 1983/1984 “landscaping” requirements does not feel very supportive of Prescott Preserve…To ask Oswit Land Trust to comply with something that has not been enforced over the last 40 years feel s discriminatory but we will make every effort to comply with reasonable requests.” o Recio states “Based on this, I feel the Preserve will not take notice from our department seriously because they do not feel the code applies to them since they believe it is naturalized property. Please let me know how we should proceed with this.” • April 26, 2023: Recio writes to Russ Uthe - Updates him on the complaint: o “We will be notifying the owner of the violations we found for them to address accordingly…we give owners 14 days to come into compliance and after that, we begin the citation process .” • May 1, 2023: Recio to Goedhart – Another complaint from public about OLT “using two excavators to plant trees along the wash in Prescott Preserve,” and Recio states: o “Planning sent a letter and email to them asking them to stop all work and submit the golf course conversion MAA not too long ago. How would you like me to proceed with this?” 2 • May 17, 2023: Hadwin to Garrison – Application Remains Incomplete. • June 6, 2023: Hadwin to Recio - Prescott Preserve. Non-Compliance to PDD-153 • June 15, 2023: Riverside County Flood Control to Garrison - Cease and Desist : “The District is writing to formally demand that Oswit Land Trust immediately cease and desist all activities related to the dumping of boulders or any other materials into the Tahquitz Creek Channel. The District also requests that you promptly remove any boulders or debris that have been dumped into the channel and take necessary steps to restore the affected area .” 3 • June 26, 2023: Garrison to Riverside County Flood Control – Denies Wrongdoing, Blames MCC Resident. Garrison states the information contained in Uhley’s letter is “inaccurate” and “we certainly would not dump any debris in a critical habitat such as the creek.” Blames the complaint on a resident from Mesquite Country Club, involved in the lawsuit against OLT: • June 21, 2023: Recio to Oswit - Public Nuisance Code Violation: Case ZV-0623-0005. This is a Courtesy Notice, not a Citation. 4 • June 21, 2023: Leider (Oswit) to Recio Regarding Notice - He mentions boulders, but does not comment on the instructions to stop making modifications to the property. • June 22, 2023: Recio to Leider regarding explanation of “5 small piles of stones.” No response is given to the part of the Notice regarding making changes without Minor Modification Approval, nor discussion of failure to maintain the property – or agreeing to remove these “5 small piles of stones.” • July 6, 2023: Hadwin to Garrison - Incomplete Application • July 6, 2023: Garrison to Robertson (Planning) – Approval Before Submitting Required Documents Garrison requests the Planning Commission approve the project without the required documents for the engineering being submitted, reviewed or approved. Garrison is trying to obtain Minor Modification approval before the Wildlife Conservation Board (WCB) meeting in August. She says the “state,” has asked OLT to have the Minor Modification approved before the $8.7 Million grant application is placed on August agenda . Per the WCB, in July OLT pulled its app off the August WCB meeting agenda because it still needed to have a CEQA study done. 5 September – October 2023 Illegal Landscaping Modifications Continue: January 9, 2024 Mr. David Recio, Code Compliance Supervisor Ms. Veronica Goedhart, Director of Special Program Compliance City of Palm Springs Re: Code Enforcement Issues-Former Mesquite Country Club Golf Course Dear David and Veronica, We are a group of concerned Mesquite Country Club (MCC) owners. We do not represent the MCC HOA in any official capacity, nor do we represent all MCC homeowners. As a group we do not oppose or support the intended use of the former golf course by the new landowner. We are a group very concerned about life safety issues and the progressive deterioratfon of the former Mesquite Country Club Golf Course since it was sold and ceased operatfons over 19 months ago. The property has gone from a green, watered, landscaped golf course to as much of a blight as the abandoned Bel Air Greens. Coyotes, bobcats, and the homeless are daily challenges to our personal safety. Since MCC HOA Attorney, Mr. Murphy, wrote a letter to the City on March 2, 2023, much has transpired. Oswit Land Trust (OLT) has been making changes to the landscape, despite having an incomplete Minor Modificatfon Applicatfon for 9 months now, and despite receiving repeated orders to stop work, notfce of code violatfons, and cease and desist orders. After reviewing documents obtained through open records requests, we do not understand why the City of Palm Springs has not taken any meaningful actfon to address the code enforcement issues. Based on those documents, we are concerned that the new landowne r may be receiving preferentfal treatment. We cannot imagine that if any of us individually were out of compliance, refused to mitfgate, and defied City orders to stop making modificatfons, the City would not employ all remedies available. It doesn’t appear that even one citatfon has been issued. This week a young coyote pup was seen walking through the Mesquite condos near the old clubhouse. A Coyote attacked several leashed dogs while protectfng its pup den near the City easement for the sidewalk and bike path. Coyote numbers remain unchecked and keep increasing. Palm Springs residents no longer feel safe walking their dogs on the City path. Residents from the neighborhoods on the former golf course, don’t feel safe having their pets outside on their patfos. The Desert Chapel elementary school is one of those neighbors. Young children are walking to and from school and we know coyotes can jump fences. The rabbit populatfon has declined due to increased numbers of coyotes. New large stone borders and signs were just installed in September/October 2023. Picture verificatfon is attached. New signs along Farrell have appeared for cars to know it is a “wildlife crossing.” Did landowner have a permit to install solar panels on one of the buildings on the former course? We have attached a tfmeline and recap of the open records that were available to us. We respectiully request: • The City address code violatfons by this landowner, in the same manner and within the same tfmelines, as it would for any other individual or organizatfon. • The City utflizes all available remedies to enforce code whether it be citatfons, fines, cease and desist orders, chargebacks for work City has to do to undertake to remedy, etc. • The 84 truckloads of boulders be removed in accordance with the County’s Cease and Desist Order due to drainage/flooding concern. They are also an eyesore. There be consequences for landowner dumping illegally and refusing to remedy be addressed. • Landowner has consequences for plantfng over 200 trees after the City said no more modificatfons should be made. • Address the recent modificatfons done in September/October 2023 without City permission. Said modificatfons in defiance again of the City letter that no more modificatfons should be made. While Mesquite is governed by an HOA Board, we ask the City to remember that we are individuals and families that are first and foremost residents, citfzens, and taxpayers in the City of Palm Springs. Only the City has the authority to enforce code compliance. We have to rely on the City to impartfally enforce codes to protect our health and life safety issues. We would very much appreciate a response to our letter of concern. Sincerely, REDACTED Names of 56 owners Enclosure: Open Records Timeline Recap CC: Scott Stfles, City Manager Jeffrey Ballinger, City Attorney Christopher Hadwin, Director of Planning Services Joel Montalvo, City Engineer Grace Garner, Council Member Dead trees, containers falling apart. Brush intentionally placed along paths. Dead brush piles throughout. Palm fronds intentionally placed on paths. Dead branches piled.