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2006-06-28 PUBLIC COMMENT
TABLE OF CONTENTS HARDSHIP RENT INCREASE FOR MOBILE HOMES Page # 1 # 2. T,ISTINGS OF RALPH GREGORY BEATTY & GEORGE KARLOS NIES ' „ Page # 3 . 1 McKAY TALLEY FLORENCE / 4 . NMHC (NATIONAL MULTI HOUSING COUNCIL) Page # 5. ZONING CODE / ZONING CODE APENDICIES - APPENDIX AGUA CALIENTE BAND Page # 6 . � 9 e OF CAHUILLA INDIANS 7 Pages. y w I _ BACKGROUND - TRIBE AGREED TO ADOPT ALL OF THE CITY''S LAND USE REGULATIONS Page # 7 . RICHARD M. MILANOVICH, & FRANK M. BOGERT, & ROSS 0. SWIMMER Page # 8 . RENT CONTROL / ANNUAL INCREASE / BASE RENT / EXTRAORDINARY HARDSHIP INCREASE Page # 9 . ( 9 Pages ) RENT CONTROL / ANNUAL RENT INCREASE Page # 10 . RENT CONTROL / BASE RENT Page # 11 . RENT CONTROL / EXTRAORDINARY HARDSHIP INCREASES Page # 12 . RENT CONTROL / (g) HARDSHIP APPLICATION PERIOH & (j ) PROHIBITED LANDLORD CONDUCT Page #13 . HORIZON'S LEASE IS SOLD, & COURTESY NOTICE Page # 14 . HORIZON MOBILE VILLAGE - MAY 31 , 2006 / RENTAL INCREASE TO $440 . 00 Page # 15 . WILSON S. HONG / RENTAL AGREEMENT Page # 16 . (4 Pages ) #2 . HORIZON VILLAGE IS ON INDIAN LAND Page # 17 . #2 . HORIZON VILLAGE IS ON INDIAN LAND, & #15 . IS THAT WE FOLLOW THE RULES OF FEDERAL, STATE, OR LOCAL LAWS TO CONFORM WITH THE LAW Page # 18 EXAMPLE OF A RENTAL INCREASE - MAY 30, 2006 Page r 19 . EXAMPLE OF MOBILE HOMES SELLING PRICES & RV SPACE RENTAL Page # 20 . TABLE OF CONTENTS k FINANCIAL ASSISTANCE PROGRAM APPLICATION (A TOTALLY UNFAIR DOCUMENT) Page # 21 . (4 Pages ) SOUTHERN CALIFORNIA EDISON - INCOME QUALIFYING RATE PROGRAM Page # 22 . CITY COUNCIL COMMUNITY REDEVELOPEMENT AGENCY Pages # 23 & # 24 . BEVERLY DIAZ INDIAN LAND OWNER (also Mentioned in WILSON S. HONG 'RENTAL AGREE- ment WILSON S . HONG 107 Vega Street HORIZON VILLAGE MOBILE PARK 3575 East Palm Canyon Drive Palm Springs .. California, 92264 ( 213 ) 910 - 6555 lk Horizon Mobile Village _ �, Palm Springs Munictoal Code ZONING CODE ZONING CODE APPENDICES Hardship rent increases for owner's of MobHeHomes APPENDIX 2 AGUA CALIENTE BAND OF CAHUILLA MDIANS INTERIM PROCESSING OF Base Rent increases of$140.00 or more per month. TRUST LAND DEV PERMITS AGREEMENT#1324(Orig 7-26-77)RES 912298,7-26-77 CONTRACT Most Al base rents are currently S280.00 to S300.00 per mouth NOTE This agreement is made as of the 26th day of July, 1977,by and between the Tribal Council.of the Agua Caliente Band of Cahuilla Indians("Tribal Council")and the City Council of the City of Palm Springs, Horizon Mobile Village Horizon Trailer Village California("City") STATEMENT OF FACTS. Housing and Community Development Jurisdiction:HCD(33-0228-IvIP) 5.The suspension of applications in respect to The development of Indian trust land,if not promptly and Mobilehome Spaces- 165 property eliminated threatens to impose an unreasonable hardship on the appropriate development of Indian trust land and to irreparably damage the economy of the entire community HORIZON MOBILE VILLAGE INC 6 Both parties recognize The need for effective planning,zoning,and land use controls with respect to all 3575 E PALM CANYON DR lands under their respective Jurisdiction PALM SPRINGS,CA 92264 7.The parties desire to make a sincere effort to effectively resolve this problem without delays and in a mutually satisfactory manner. Owner info: Owner Name. Horizon Trailer Village Inc Tax Billing Zip+4: 4909 The Tribal Council and the City previously entered into an agreement(No. 1324 in City's records)dated Tax Billing Address: 3575 E Palm Canyon Dr Annual Tax: July 26, 1977,relating to the regulations concerning zoning,use and development of Indian Trust lands,and Tax Billing City&State: Patin Springs,CA County Use Code: Mobile Home Park the administration thereof by the City;and it is now the mutual desire of the parties to prescribe more Tax Billing Zip: 92264 Universal Land Use: Mobile Home Park specific details in implementation of paragraph 11.4 of said agreement pertaining to appeals by persons aggrieved by planning and zoning actions. Tag Info: APN: 009-602-887 Alt APN: 691-070-013 L BACKGROUND. On July 26, 1977 the Tribe and the City executed a contract by which: (I)The Tribe agreed to adopt all of the City's land use regulations as its own and apply them to the trust - lands of the Agua Caliente Indian Reservation located within the City, Riverside County Land Information System (2)The Tribe designated the City to be and to act as the Tribe's agent to enforce those land use regulations on the trust lands of the Agua Caliente Indian Reservation, Riverside County CIS (3)The parties agreed to an appeal procedure.and (4)The City accepted these responsibilities. Report Date: By a Supplemental Agreement No. I dated March 20, 1978,the parties amended the contract of July 26, Saturday,June 24,2006 1.38:06 PM 1977.At both times neither party believed that either this Contract of July 26,1977 or its Supplement No I of March 20, 1978 required the approval of the Secretary of the Interior under 25 U.S C.§81,as the INDIAN TRIBAL LANDS REPORT Department of the Interior. APN(s): 68I-070-013-6 APPROVED BY THE CITY COUNCIL By Res. 16110,24-97 INDLAN TRIBAL LANDS. APPROVAL -AGUA CALIENTE TRIBAL LANDS Pursuant to section 2103 of the Revised Statutes of the United States(25 U.S.C.Section 81),the Contract between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs,California,consisting of (1)the Contract between the parties dated July 26, 1977,(2)Supplement No. 1 thereto dated March 20, 1978,and(3)Supplement No.2 thereto dated February 4, 1987,is hereby approved for a period beginning on July 26, 1977 and ending on either.(1)July 4,2076,or(2)t e expiration ofthe 30-day written notice period provided for in¶5 of the said contract of July 26. 1977,whichever occurs first. Dated.5/18/1987 Ross O.Swimmer Assistant Secretary—Indian Affairs Mversrue Uounty U13 ragc [ u[ RIVERSIDE COUNTY GIS "t+ 081040025 G9i 030082 587027bil Q6 Ji5_ 61D3aB7T_ > G I- �� 1 510030019 61sIl+ 7U1F1' f61020074 y`fi61OA0023 - B67030079 -GBtdA0042 0936 _ • J - !Ft<<'7 �. 6fl7010_ 65104002ar y �yA 5140'+00_?i - - 651 04s2 7 -b81 - o - - 5b1.020D0D - - `a6104001i1 con Palm Springs Municipal Code "y 2� --. _ G' tc_jbq,s GUID200o6�, Title RENT* 510360052 ? - - - - - - - WeB1 UA0006 s6rDA00b1 �i Sta 002f - - tq OBz6. Chapter 408 RENT CONTROL* siv MoGa 610D3001 s - - Got Jtltl10 s-1.IH0 A - - 87 ago 011 < _ 51676D63 574360n01 �` dIIlaj.001 —•� ' 4.08.010 Application.startConten[ ` Y �- / -01i IiDD 68106000i 081060a23 �6690600 t- ` PP fib, 511183DOt6 a to aq.ib lot 3000T - - I - r'P6810600'a - •y �, a01':U01A 7 G 10710A_5 r"'*- """ C The provisions of this chapter shall apply to all residential rental units located within the city which rented py:,}r /_- �) ,, .ysy �,r��;I lw1 _ i for less than four hundred fifty dollars per month as of September 1, 1979,except as provided m Section �+N99 nn 10t .68133DD67 4.08.030.(Measure H(part), 1990) - -f x651D7204'_I The following rental units shall be exempt from the provisions hereof: (1)Units used primarily for commercial purposes; /. (3)Units in buildings,mobile home parks,or developments of four units or less,while one unit is 510160014 occupied by the owner, (3)Units upon which construction began on or after April 1, 1979; 63'1GBa60 (4)Spaces in my recreational vehicle park; (� - _ 687070013 ' _ (J)Units in nonprofit cooperatives,unless rented or leased to a tenant; �)? - _ v0105D09d oBloaah21 (6)Units in any hospital,medical care facility.asylum,or nonprofit home for the aged; I- f r 514i 60011 -C@7 00j@5 1GBi agoo " - (7)Units awned,managed,or operated by any government agency; �51U1600oB1 - 1 L1- frig 029 681070016 - (8)Units whose rent is subsidized by any governmental agency,if federal or state law or regulation 610t6000v s77gs4ff3a-I - - - GB707a40E specifically exempts such units from rent regulation. _ 570166009 - - 4 fi10800.tw - - (Measure H(part), I990) - 10100014 i 4 510250026 SANTA AMA - _ Iat 02200 � - - - -510223003 510250031 �11R - _ - SANTA M1/UA ,4 I'-510 22 3 0 0 5` - - - ;SANTA MONICA -O 510250034.'I - - - ❑ j 570 23007 � � `_ 6611Sd002 510223019 ���..51 D?50001 - - - - - - SANTA PAULA 2 <G 51025DO02 H1164301T - -� - ❑ i 61022301T- ---518 Sgg32,�-) - - - _ _ - CAM gILlq e 51021007 5 0250072 - - - - - ---- - - - _ - - -- ` - - - - 1 b1 510250004 - - - I 025008 NEAPORTLIR - Riverside County GIS_ - - 0�666ft - Selected parcel(s): 681-070-013 LEGEND n SELECTED PARCEL PARCELS -CITIES 'IMPORTANT' --is ma e available through tie Riverside County Geographic information System.The information is for reference purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records.Contact appropriate County Departmel or Agency if necessary.Reference to recorded documentse and public records may be necessary and is advisable. http://wwm2.ttma.co.riverside.ca.us/aims/pa/rclis/pript.htm 6/24/2006 r agcim r STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE DEPARTMENT OF REAL ESTATE The license Information shown below represents public information taken from the Department of Red Estate's database at the the license information shown below represents public information taken from the Department of Real Estate's database at the time of your mgmry.It wdl not reflect pending changes which are being reviewed for subsequent database updating.Also,the time of your inquiry.it will not retest pending changes which are being reviewed for subsequent database updating.Also,the license information provided includes formal administrative actions that have been taken against licensees pursuant to the Business license mf orni provided includes finical admmwtratwe actions that have been taken against licensees pvrsuant to the euslness and Professions Code and/or the Administrative Procedure Act.All of me Information displayed is public information.Although the and Professions Code and/or the Administrative Procedure AR.All of the information displayed is public information.Although the business and mailing addresses of real estate licensees are included,this Information Is not intended for mass mailing purposes, business and mailing addresses of real estate licensees are included,this information is not intended for mass mailing purposes. License information taken from records of the Department of Real Estate on 6/22/2006 2:33:01 PM License information taken from records of the Department of Real Estate on 6/22/2006 2:46_18 PM License Type: BROKER License Type: BROKER Beatty, Ralph Gregory Name: Nles,George Karlos Name: Mailing Address: PO BOX 7655 Vs' ��! Mailing Address: 33B5 SAN MARTIN CIR LAGUNA NIGUEL, CA 92607 � (`�F� a ? PALM SPRINGS, CA 92264 k ---"' `� 00154627 License ID: 00951960 — -- License ID: Expiration Date: 11/05/07 Expiration Date: 08/09/07 License Status LICENSED License Status: LICENSED Original License Date: 11/06/91 (Unofficial --taken from secondary records) _ Original License Da#e: 01/02/68 (Unofficial—taken from secondary records) Former Name(s): NO FORMER NAMES I� Former Narri NO FORMER NAMES Main Office: 23117 PLAZA POINTE DR#100 Main Office: 3385 SAN MARTIN CIP. LAGUNA HILLS, CA 92653 PALM SPRINGS, CA 92264 DBA NO CURRENT DBAS , , DBA Sitefinders ACTIVE FROM 11/07/1984 TO 06/03/1995 Branches: NO CURRENT BRANCHES NO CURRENT DBAS Affiliated Licensed 01353535-Officer Expiration Date: 09/23/06 Corporation(s): Blue Bridge Inc Branches: NO CURRENT BRANCHES 01485746 -Officer Expiration Date: 05/25/09 Affiliated Licensed Corporation(s): NO CURRENT AFFILIATED CORPORATIONS Laguna Asset Management Inc Comment: NO DISCIPLINARY ACIION 01245849-Officer Expiration Date: 11/01/02 Salt Creek Realty&Mortgage NO OTHER PUBLIC COMMENTS Services Inc EXPIRED AS OF 11/02/02 »» Public information request complete«« Comment: NO DISCIPLINARY ACTION 08/21/88- CONDITIONAL LICENSE SUSPENSION. EDUCATION REQUIREMENTS NOT FILED. 01/09/89 - CONDITIONAL SUSPENSION REMOVED. EDUCATIONAL http:/hvww2.dre_ea.gov/PublicASP/pplinfb.asp?Llccnse_id-00951960 6/22/2006 http:llw v2.dve.ca.gov/PublicASP/pplinfo.asp?License_id-00154627 6/22/2006 i olio 1 V 1 1 I HORIZON MOBILE VILLAGE HONG MAY 06 I SPC 187 STATE OF CALIFORNIA 3575 E PALM CANYON DR. DEPARTMENT OF REAL ESTATE PALM SPRINGS CA 92264 (760) 328-3730 The license Information shown below represents public information taken from the Department of Real Estate's database at the Rent Due And Payable On The 1st. time of your inquiry.It will not reFleat pending changes which are being reviewed for sgbsequent database updating Also,the $25.00 Late Charge After The loth. license information provided Includes formal admlmstrai ve goings that have been taken against heareves pursuant to the Business Rent Payable B Check, Money Order Or Exact and Professions Code and/or the Administrative Procedure Act.All of the information displayed is public information Although the I' y business and mailing addresses of real estate licensees are included,this infbrmation Is not intended for mass mailing purposes. Cash Only. Payments Received After The 15th Are Not Reflected On This Bill. License information taken from records of the Department of Real Estate on 6/22/2006 2:36:58 PM --- -- --- Spc # 187 License Type: BROKER HONG PAST ®IiE 3575 E PALM CANYON DR. PAaS 1J_G Name: Florence, McKay Talley PALM SPRINGS CA 92264 PLEASE PAY 747.68 n n L Mailing Address: 3300 DOUGLAS BLVD STE 135 �.� �; y/� � L YOU MAY RETURN TOP PORTION WITH CHECK TO ENSURE PROPER CREDIT ROSEVILLE, CA 95661 Spc.# 187 License ID: OG964496 GAS RATE CHANGE - PRORATION REQUIRED HONG Ele CARE Savings 3.18 BILLING DAYS 30 Gas CARE Savings 3 .23 Expiration Date: 01/10/07 eta Ei nor oa/lz ezos Ital ceem_axTxoN xEwxeo DxR} -zs71s I I cos eusixxe sl License Status: LICENSED spore is oz/13 ,,c9 aaea1--u4 ne e. c. x .lozfis zoo zo z¢ Dn/1z ess7 ?a-Y: se ------ ovic— 13-30t o % 1as69 o / I Th—1 t1c 03/13 sch,,h,i,➢-Care kvh T6 GVHase 31}_loot 0 X .103Eo nn W r r 5 cl r schedal Gw ----�- Orininal License Date: 01/11/91 (Unofficial-- taken from secondary records) ➢„o CTarge aD x .n31] .69 over 1DD} o x .ce"D .nor asc-> 1D -, ➢i GENce T® '------------> 2 07 Therm— Former Name(s): NO FORMER NAMES t") 1.t,c11 aareT.occauca ➢arei,ae unno, 56 X .01478 .s3 vSet 1-1 aseti—unrx 16 x D5611 ] sD ovaase 13-3Di X .ctuse t Main Office: 3300 DOUGLAS BLVD STE 135 evnaae 11-3ot x .o1s71 ovsaae 3n-nt% x .1z6s2 ocas 3o x.1ass1 a as ROSEVILLE, CA 95661 ov.aae31'.1DD} x .oaeEs .e loos x .zzaoz I I 1 cn x.7s7ea 7 sa over loos % - (el. SCE Geassum➢ TETIwa-------> .E3 I lb %9D393 are Dopd Ch rs rg 76 I t,,11 I I P P-o X.v,ee, l .16 pgp NO CURRENT DBAS DNeacx cxnnce-------------> 3 sa I scae Taz 76 x .Dean .D2 I I srae x.DDDDD -gD l u➢. Tor: x .gs .3s ceac-xeee -zl Branches: NO CURRENT BRANCHES v.v.Ta. z os .as Affiliated Licensed Corporation(s):01257471 -Officer Expiration Date: 04/19/07 1 - McKay Florence Investments Inc 01108535- Officer Expiration Date: 04/24/99 Follett&Florence Investments Inc x RV STRG EXPIRED AS OF 04/25/99 MISG OTHER Comment: NO DISCIPLINARY ACTION YARDWORK HAPPY MOTHERS DAY! W.S_T. 40.00 NO OTHER PUBLIC COMMENTS ELECTRIC 7.46 »» Public information request complete «« CAS 12.48 PAST DUE RENT 300.00 SUB TOT 359.94 CALL 333-8667 AND/OR 911 FOR EMERGENCIES. BAL FWD 362.74 TOTAL 7a7.68 http:/hvww2.dre.ca.gov/PublicASP/pplinfo.asp?License_id=00964496 6/22/2006 VCSn Inc ]�542 Yucaipa BIv4 O<.1]] Yucaipa CP93]99-19519R931]D Kent t ontrol Laws Dy DuRe-nNmC,.urg r aye, I..alttorma Kem t,onuot Laws-Ivrvrtru.urg rage. ua e ` KbNp/�/�JJ'��i\\�It�L�/l Notionirl Multi search, search Advanced Search ((/ `•iohgnQl Muth Search: search gdvanced Search _MrlC HouSing Council" ice- MH j Nahcnu Council, t" .. Login EmailIV 'L i.flr4' t» . �I.2 f _ 1 \• , .°.s tt33 ny�C� Login Email: s Password: Password: � T ! Topics&Issues Home Resources California Rent Control Laws AAvoealr rpols Rent Control Laws by State newsletters �—.cr- r man arose uoreawe Housgt , Related Files ent Markel �Pnnter-fn¢nal�rv_ I®dal _ __�_— .�nbltta[Ion_�62ry . Los Gatos Candil glahlons By: . Berkeley NMHC Date: February 10, � career center .San Francisco A�artmentmyen: 2006 Research and statisti6 • Beverly Hills o Chapter 5(applies to units Balanced Housing policy tstser_ves rented on or before May 31, 1976) CmUlrucuon Cedes& NMHC nnllne Membership Development Rent Control Laws By State D_On Beverly Hills c Chapter 6 (applies to units Environreental Energy States States that States with NMHC e=moesesen ce rented after May 31, assess with Preempt No Rent aka navocacy roots 1978) Rent Rent Control Control/No . Cam bell Fair Honslna Control Preemption Legislative Action center . East Palo Alto France . Fremont-specifically mobile homes California Alabama Alaska NMHC Too sa . Glendale-just cause evictions only Homeownership District of Arizona Delaware '� I y _Houieks . Hayward Housing Policy Columbia Arkansas Hawaii . Los Angeles Maryland Colorado Maine HQmag Resources New Connecticut Montana . Los Gatos Hurricane Relief Efforts Jersey Florida Nebraska . 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San Francisco http:/Jwww.nmhc,org/Content/ServeContent.efm?IssueID=66&ContentlteraID=1162&siteA... 6/4/2006 http://w v-nmhe.org/Content/ServeContent.cfrn?ContentItenJD=3763 6/4/2006 A rbIVLLI L AVUA r.ALI I.MAIN.Vy1.Hr3V1LL[i llV VIHIVJ—LLV ILRLLV3 rRV... l'dKC3 UI t4 HyyLLV VIALHVVH l.H3,1L1Y3L UNryV VP I,(1r1V WLe1 YYi/Il1lVYYv3GRLLVi ehV... IaKCLU1 tY `- Palm Springs Municipal Code c. Voince.from appliewhlezoningrequirements, ^Up «Previous .,Next •Main ?search APrint d. Conditional use permits, ZQNING CODE ZONINGCODEPPPENDICIS i e. Plannede and reat andttioacl s, f. Tenmhve and final Tract and Parcel Maps, APPENDIX 2 AGUA CALIENTE likND OF CANULLIA INDIANS—INTERIM PROCESSING OF MUST g, Changes or amendmmrs to the G..%Plan, LAIIO DV PERMITS AGREEMEti *M1(OAR72ETl]RES%1229!]-25-]]CONTRACT ,� h Eafaveneent afzoning and building codes, ComPlimcewith State and Fdemlenvironmental regulations,arM NOTE a ,f ?' �FF j. Related matters In the above. - Thisagteementisnead.asofthe 26th day ofduly,her,by it between the Tribal Conrail.of the Agua I 2, M further consideretion the City of Palm Sprint¢may collect all fees heretofore calleandor as the Calieme Band ofCahuilla had has FTdbd Council')and the City Council of the City of Palm Spriugaf' me maybe amendd and reuorobty related to the tort ofadministeriugpemgreph labove. )oh3. The Tribal CouvcR mdthe City shall consult wish each Dtherregarding all plmming and caning L STATE16fENI OF FACTS. - �.-�" matters affilvdian tcubt lands. 1. the Tribal Ceancil is We legally nargnbed orppnisd governing body,ofthe Tribe will,the 4. Any party aggrieved by an amlon ofsmd City Council m planing and zoning matters as outlined in authority under it Constitution and By-laws,,aster into Mis ageement with the City. pamglaph I a.through Lj,above,affecting Indian must lands may appeal to the Tribal C..0 for lelie£Said 2. The Under SecreWyofa,lnlere,,eff.&e as oflune 28,1977,issued allotice(42 P.R.32S51) Tribal Council in accordance with pracedures to be established,alter notice and oppmomity for hearing and an 1—W1119 the appliesmai ofthe land ase regWuory laws ofthe City ofpolm Sprlap and the Slate ofCishomia the horsisoFire there record may atHrm,revetae of mad(fy airy decision ofsaid City Centered an a rather - to these hosed Indian that land ges raphitally band within the City officting iodine trust lands and the decision of the Tribal Corned shall he Rod.In no event shall the Tribal 3. The Tribal Council has the power wader R keeping s Couritation and By-Laws and in with its Council war finally on an appeal before meetiogjointly with the City Councd to review said appeal powers oFxlf-determination 0 adopt policies to achieve the hieht and best ax of Aqua Catients Indian lands, 5. The agreement is intended m serve Pending Me development offuture procedures,ides or including baton Runitd to ueing and development thercoE j regulations by agreement ofthe parties napecongregolarion oflmd use on Indian trust lands geogaphieally 4. Invievrofdm Under Seemmey'sNotice,due E'RY,by City formed ResoMion No.12249 adopmed located within the Ciry.Joint diecucsimse regarding these trotters shall hellb not more than 120 days after, on June 29,1977,has suspended the processing orapplicatom filed on and after June 29,1977,dealing with approval trusts agreement Indian mastlands However,either party may terminate this apreement,without prejudice to any legal position thereafter 5. The asupentei.ofalipficatiom in respect to the development ofladien trust land,Ynot promptly i asserted except as hereafter provided,upon thirty(30)days writer tcemthe other party.Inthe even[of and properly eliminated foresees to impure an unseasonable hardship an the appropriate development oflndise, termination ofthis agreement,any Project exRtnng nr inpaocees pooncent as previously Canted approval by the [test but and to ineparabty damagcthe eaonomy of Ore entire community. Cry shall continue to be hound by the terms and conditions of such approval 6. Both parties recoarize the need foruBectNe planting,zoning,and lead use controls with respect to 6. This agreemeatshaU be approved byresolutwas oftheTribalCouncilavidtheCityCUuoci- alllands under ibeirrapeclivejmiedictinp. IN WIi NBSS W1�REOF,the parries hereto have eseculad this agreememby thew respeclive authonad 1' 7. The parties dairem makeasincere effort[o efRctivety resolve lhisproblemwRhou[delays and ins officers the day and yam fus[above written s mutually snosfactory roamer. TRIBAL COUNCIL.OF THE AGUACALIENTE BANU OF CAFU1Ud.AtNOL1N5 H.AGREEMENT OF THE PARTIES. By- in consideration ofthe mutual promna and undertakings hereinafter agreed to,the Tribal Council and the CITY OF PALM SPRINGS,CALIFORNIA City do hereby aurae as follows: By- 1. Upan execufioa afthis agreement,the Tried Council shall by Drdmance arresolution make Nbryor applicable to[ad*,.mast lands geographically located within the City the laws,ordinances,Codes,resolutions. SUPPLEMENTAL AGREEMENT NO.I miles,or other regulations ofthe Stara of California and ofthe City,hmidag,strong or otherwise governing, regulating or wnrrlliog the use or development ofludian mist lands within the geographical hinds ofthe City, NOTE and lheCity will resume the processing and,when all Fund to be regular and in accordance with applicable' (To Agreement No.13246etweeothe Tribal Council ofthe Agua Calienle Band ofCahuilla Indians and laws and regulations,the issuance anted permits pertaining to said Indian trust lands in all ways necessary and the Palm Springs City Council) proper for the development then af,whtch shalt Wrelude bat not be limited tU the Following: This supplemeatal agreement is made as of the 25th day of Match.1978,by and between the Tribal a. Bolding and wtilit,permits, Council of the Agua Cahenm Bend of Cohmlla Indians("Tribal CCanaf9 and the C ity Council of the C ity of h. Clasn"afzme, Palm spnngs,(alifornia("Ciry") hUp//gcode.us/codes/palmsprings/view.php?topicaoning_code-zoning_code appendices-2 6/32006 http:))gcode.uslcodes)palmsprmgslview php?Iopi�zovn�code-znnin�code_appendhces-2 613/2906 AYYEINLWL L AVVA%_A MN tr 15t NU Ur U, U1LLA 11NV1 NJ UN rcnuvr rnv... rage a M tY ArFENVIA L AOUA UAL1tU1N 111 nFaNU Ur LAnUM1,A t1NV1tllVJ-11N 1EMM rtCv... Cage4011�i 1.PURPOSE. 10. Related matters to the above. The Tribal Council and the City previously entered into an agreement(No.1324 in City's records)dated B. Notice of appeals to the Tribal Council must be filed within ten(10)days of the written decision of July 26, 1977,relating to the regulations concerning zoning,use and development of Indian trust lands,and the the City Council which is being appealed,and such filing stays all proceedings in the matter until the decision of administration thereof by the City;and it is now the mutual desire of the parties to prescribe more specific details the Tribal Council on the appeal. in implementation of paragraph HA.of said agreement pertaining to appeals by persons aggrieved by planning and zoning actions. _ C. Notwithstanding any provision of the Palm Springs Zoning Ordinance to the contrary,any matter j i) �;'v �= referred to in Section 9411.00A,above and relating to the use,proposed use,or development of Indian trust land, II.AGREEMENT. - `sP - - -� which has been disapproved by the Planning Commission of the City of Palm Springs,shall be forwarded to the r � • : Therefore,the parties hereto mutually agree that paragraph ILA.of said Agreement No.1324 is 'f , Citg,Council for decision within the time limit,w prescribed for those matters requiring a decision of said City implemented by the adoption of the procedures and specific details prescribed in the attached"Proposed-, ------- - - Council.Unless an applicant signs a written waiver of his appeal rights when any matter referred to in Section Amendment,Palm Springs Zoning Ordinance"which procedures and details shall be deemed effective 941 L00A above has been disapproved,the Secretary of the Planning Commission shall notify the applicant of immediately,and shall be processed,for inclusion in the Palm Springs Zoning Ordinance at such time in the such disapproval is writing.The notification shall further inform the applicant that: future as the total"package"of future procedures,rules or regulations by agreement of the parties,is ready for (1) The matter has been forwarded to the City Council for decision,and processing for inclusion in the Palm Springs Zoning Ordinance,as contemplated by pamgmph 11.5.of said Agreement No.1324. (2) That applicant may contact the City Clerk within 15 days regarding the date applicant desires the IN WITNESS WHEREOF,the parties hereto have executed this agreement by their respective authorized matter to come before the City Council. officers the day and year first above written. For purposes of this paragraph,a matter shall be deemed disapproved if formally disapproved or TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAMILLA INDIANS conditions are imposed before the approval will be granted. D. In those matters referred to in Section 9411.00A,above,and relating to the use,proposed use,or By: development of Indian trust land,the applicant,land owner,or the Tribal Council at any time during the CITY OF PALM SPRINGS,CALIFORNIA application or proposal processing period,may,if it is contended that there is or has been any unreasonable or By; undue delay in such processing,file complaint in writing to this effect with the City Clerk,and the City Council PROPOSED AMENDMENT PALM SPRINGS ZONING ORDINANCE - shall thereupon as promptly as practicable,hear the matter,make a decision,and take such action as is appropriate in the case. Note E. Notwithstanding the fact that the Tribal Council is not a"public agency"or a"quasi-public agency," The following specific language is proposed as an amendment to the above Ordinance,based on the latest the decision of the Tribal Council on an appeal from action of the City Council in any matter referred to above, study and meetings of the Tribal Council,Agua Caliente Band of Cahuilla Indians and the Palm Springs City ppe shall be made at or subsequent to at least one public meeting with the City Council at which time the a llant Council. may be heard and where testimony of the general public o the issue maybe heard,provided that such comments SECTION 9411.00 APPEALS,INDIAN TRUST LAND supply new and pertinent information not previously tact ded in the City record.Testimony of the general public A. Pursuant to the contractual agreement between the Tribal Council,Agua Caliente Band of Cahuilla shall be subject to reasonable restrictions which might imposed by the Tribal Council to limit the length of the Indians("Tribal Council"),and the City Council of the City of Palm Springs("City Council'),executed July 26, meeting and to avoid repetition of testimony. 1977,and the provisions of Tribal Ordinance No.4,enacted August 5,1977,and notwithstanding any provision F. The decision of the Tribal Council shall be final on any appeal from a decision of the City Council. of the Palm Springs Zoning Ordinance to the contrary,said Tribal Council may;upon the appeal of an aggrieved Thereafter,any permits necessary to the use of the land in accordance with the decision of the Tribal Council party,either affirm,modify,or reverse any decision of said City Council in the following matters relating to the shall be issued by the City of Palm Springs. use,proposed use,or development of Indian trust land: SUPPLEMENT N0.2 TO CONTRACT REGARDING LAND USE BETWEEN THE AGLA^,C.ALIENFE 1. Building and Utility Permits. BAND OF CAMILLA INDIANS AND TBE CITY OF PALM SPRINGS,CALIFORNIA 2. Changes of Zone. NOTE 3. Variances from applicable zoning requirements. This supplement is made this 4th day of February, 1997 by and between the Agua Caliente Band of 4. Conditional Use Permits. Cahuilla Indians,a federally-recognized Indian tribe acting through its duly-constituted Tribal Council 5. Planned Development District Permits. (hereinafter,the"Tribe");and the City of Palm Springs,California,a municipal corporation(hereinafter,the 6. Tentative and Final Tract and Parcel Maps. "City")as specified below. L BACKGROUND. 7. Changes or amendments to the General Plan,or to the Zoning Ordinance of the City of Palm Springs. On July 26,1977 the Tribe and the City executed a contract by which: 8. Enforcement of Zoning and Bmldinm Codes. (1) Tl;e Tribe agreed to adept an ofthe City's land use regnla±ions as its awn and apply them to the trust lands of the Agua Caliente Indian Reservation located within the City, 9. Interpretation of State and Federal environmental regulations. - (2) The Tribe designated the City to be and to act as the Tribe's agent to enforce those land use http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/3/2006 http://gcode.us/codes/paimsprings/view.php?topio=zoning_code-zoning_code appendices-2 6/3/2006 APYtdVt)uA L AV VA t,HL1B1V 1C nE Nu Vf UAr um1 A nNvL VY11V in: v1 rKV... Cage J nit lY tll'rr11VUlA L AVUt1�.HLrb1V 1G p, 1Nl VC I.HRUILLH llV Ultllv YllV 1DNw1 flew... rage u ma 1t regulations on the trust lands of the Agua Caliente Indian Reservation, - 3. Term. (3) The parties agreed to an appeal procedure,and The term of.the Contract of July 26,1977,as amended by Supplement No. I of March 20,1978,will be (4) The City accepted these responsibilities. until July 4,2076 or until the expiration of the 30 days of written notice of termination specified in 15 of the said By a Supplemental Agreement No. 1 dated March 20,1978,the parties amended the contract of July 26, contract,whichever occurs first. 1977.At both times neither party believed that either this Contract of July 26,1977 or its Supplement No.1 of 4. In all other respects,the said Contract of July 26,1977,as amended by its Supplement No.1 of March 20,1978 required the approval of the Secretary of the Interior under 25 U.S.C.§81,as the Department of March 20,1978,remains in full force and effect the Interior had so informed the parties.For this reason,no such approval was obtained at the time for either the _ IN WITNESS wBEREOF,the parties hereto have executed this Supplement No.2 at Palm Springs, Contract of July 26,1977 or its Supplement No.1 of March 20,1978,and some of the recitals required by 25 - 0,4- California on the day and year first above written. - U.S.C.§81 were omitted from both said documents. AGUA CALIEN_TE BAND OF CAHUILLA INDIANS II.PURPOSE. Y. Because the federal courts and the Department of the Interior now both believe that the scope of the Richard BM.Milanovich,Chairman,Tribal Council approval requirement of 25 U.S.C.§81 is much broader than the parties and the Department of the interior= believed in 1977 and 1978,the Tribe and the City have formally requested the approval ofllmabm,e Contrsct of CITY OF PALM SPRINGS July 26,1977 and its Supplement No.1,March 20,1978 under 25 U.S.C.§81 on December 10,1986.In order By: to enable the Secretary of the Interior to give such approval,the parties now wish to amend the said Contract of Frank M.Bogert,Mayor July 26,1977,as modified by the said Supplement No.I of March 20,1978,by adding to it the following ATTEST: recitals required by 25 U.S.C.§81: III.RECITALS. By. I. Parties in Interest: APPROVED BY THE CITY COUNCIL a. Agua CaHente Band of CahuHla Indians,a federally-recognized Indian tribe and local government of By Res.16110,24-87 the Agua Caliente Indian Reservation performing the normal functions of such Indian tribes,with offices at 960 APPROVAL East Tahquitz Way,Suite 106,Palm Springs,California 92262. Pursuant to section 2103 of the Revised Statutes of the United States(25 U.S.C.Section 81),the Contract b. City of Palm Springs,California,a municipal corporation and the local government of all land between the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs,California,consisting of(I) within its city limits,except as otherwise provided by law,performing all of the normal functions of such cities, the Contract between the parties dated July 26,1977,(2)Supplement No.1 thereto dated March 20,1978,and with offices at 3200 East Tahquitz-McCallum Way,Palm Springs,California (3)Supplement No.2 thereto dated February 4,1987,is hereby approved for a period beginning on July 26, C. Scope of Tribal Council's authority to execute Contract of July 26, 1977 and Supplement No.I of 1977 and ending on either:(1)July 4,2076,or(2)the expiration of the 30-day written notice period provided for March 20,1978:Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians(adopted on July 28, in 15 of the said contract of July 26,1977,whichever occurs first. 1955,as amended,and approved by Commissioner of Indian Affairs on April 18,1957),Article V("Powers of Dated:5/18/1987 the Tribal Council),including Is("To administer the affairs and manage the.business of the Band;to regulate Ross O.Swimmer the uses and disposition of tribal property;to protect and preserve the Tribal property...to protect the security Assistant Secretary-Indian Affairs and general welfare of the Band and its members");¶b("To enact ordinances and resolutions pertaining to tribal affairs and to take all proper means to enforce the same');¶i(`To promulgate and enforce assessments or permit SUPPLEMENT N0.3 TO LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND fees upon non-members doing business and obtaining special privileges on the Agua Caliente Reservation-"); THE AGUA CALIENTE BAND OF CARUILLA JNDIANS AGREEMENT#1324 R18538,1-4-95 and 11"To negotiate with...local governments on behalf of the Band").The Department of the Interior has On July 26,1977,the Agua Caliente Band of Cahuilla Indians,a federally-recognized Indian tribe(the recognized the Tribal Council's authority to execute this Contract,See the letter of November 12,1977 from "Tribe"),and the City of Palm Springs,a municipal corporation under the laws of the State of California(the Undersecretary James A.Joseph to Mayor of City of Palm Springs,a copy of which is found as Exhibit 0 to the "City"),entered into a land use contract(the Land Use Contract")concerning the manner in which the City legal memorandum to Assistant Secretary Swimmer from the Tribal Attorney,dated September 26,1986,in would act as the Tribe's agent for the enforcement of Tribal land use measures on all of the trust lands of the which the Undersecretary states"We recognize the authority and jurisdiction of both governments,tribal and Agua Caliente Indian Reservation located within the city limits of the City.Since then,the Tribe and the City state,to enter into this agreement." have executed Supplements Nos. l and 2 to that Land Use Contract.The Assistant Secretary of the Interior for d. Reason for Tribal Council to exercise its authority to execute Contract of July 26, 1977 and Indian Affairs duly approved this Land Use Contract with its two supplements on May 18,1987. Supplement No. I of March 20, 1978:See¶'s 1.2-1.7 of Contract of July 26, 1977. The Tribe and the City now modify that Land Use Contract in the following way.Effective upon the 2. Place made. execution of this Supplement No.3 by the authorized representatives of both the Tribe and the City,the original The Contract of July 26,1977 and the Supplement No. I of March 20, 1978 were both executed at Palm Land Use Contract is hereby amended by the addition of the following ity new language to b paragraph immediately The off. Springs,California. following"to Indian bust lands eeographically located within the Ci on lines 2 and 3 of f LI,of 2 of the Land Use Contract: http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/3/2006 http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/3/2006 ArrInINVIA L AvuU l.t IZIN 1D DA14lJ Vr VL V1LLt] Arrr IVLIA L AvuH 1. lD1V 1D al 1Nu Vr l.l1I1V1LLl1 uVLlL NI 11N lzn vl rt'm... iasc ovi 1� except for those parcels of land whose legal description is found on Exhibits A,B,and C hereto. In all other respects,the said Land Use Contract remains in full force and effect. Dated December 22.1994 AGUA CALMNTE BAND OF CAHUILLA INDIANS("Tribe') •} _ �� I � w By: i° i Richard M.Milanovich,Chairman CITY OF PALM SPRINGS("City") :BY Lloyd Maryanov,Mayor Judith Sumich,City Clerk , r'— Dated:February 5,1995 1 gg ATTEST: `✓ ;L9t S i EXHIBIT lC @f F LEGAL DESCRIPTION Lots 3a,4a,13,14,67,68,69,and 70 of Section l4,T.4 S.,R.4 E.,S.B.B.M. ' _ ® L_ d EXHIBIT lit } j4 E( tul 3 1—1 TrbJ ComooWk)Ay 1324 V" Cary Approved Su,*14.Apprdc 2 SUPPLEMENT NO.4 AGREEMENT#1324 LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS - On July 26, 1977,the Agua Caliente Band of Cahuilla Indians,a federally recognized Indian tribe(the -Tribe").and the City of Palm Springs,a municipal corporation under the laws of the State of California(the "City")-entered into a land use contract(the"Land Use Contracf�concerning the manner in which the City would act as the Tribi s agent for the enforcement of Tribal land use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City.Since then the Tribe and the City hUp://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/4/2006 http_//ctcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code appendices-2 6/4/2006 ArrhNLIXL AUUA UALICIN I DDAIVD VP I.HRUILLH 11V V1tllVl—llV1D1V1V1 Yl(V... Page 1 011Y APPD1VUlA G AVUt'.1. IZ1V 1D DA1V1J VP I..HRU1LLH llV L1H1VJ-11Y 1DR11v1 P1%V... rage G or IY Palm Springs Municipal Code C. Variances from applicable zoning requirements, i Up ,Previous »Next *Main ?Search 4 Print d. Conditional use permits, ZONING CODE ZONING CODE APPENDICES C. Planned Development District permits, f. Tentative and final Tract and Parcel Maps, APPENDIX 2 AGUA CALIENTE BAND OF CAHUILLA INDIANS—INTERIM PROCESSING OF TRUST LAND DEV PERMITS AGREEMENT*1324 OO 7-26777 RES#12298_7-26-77 CONTRACT g. Changes or amendments to the General Plan, L- —�__—�--�_ --— h. Enforcement of zoning and building codes, I. Compliance with State and Federal environmental regulations,and NOTE - j. Related matters to the above. This agreement is made as of the 26th day of July,1977,by and between the Tribal Council,of the Ague 2, As further consideration the City of Palm Springs may collect all fees heretofore collected or as the Caliente Band of Cahuilla Indians("Tribal Council")and the City Council of the City of Palm Springs, - same maybe amended and reasonably related to the cost of administering paragraph 1 above. California("City"). - 3. The Tribal Council and the City shall consult with each other regarding all planning and zoning I.STATEMENT OF FACTS. matters affecting Indian trust lands. 1. The Tribal Council is the legally recognized organized governing body of the Tribe with the 4. Any party aggrieved by an action of said City Council in planning and zoning matters m outlined in authority under its Constitution and By-Laws to enter into this agreement with the City. _ paragraph la.through I j.above,affecting Indian trust lands may appeal to the Tribal Council for relief.Said 2. The Under Secretary of the Interior,effective as of June 28,1977,issued a Notice(42 P.R.32851) Tribal Council in accordance with procedures to be established,after notice and opportunity for hearing and on rescinding the application of the land use regulatory laws of the City of Palm Springs and the State of California the basis of the entire record,may affirm,reverse or modify any decision of said City Council on a matter to those leased Indian trust lands geographically located within the City. affecting Indian trust lands and the decision of the Tribal Council shall be final.In no event shall the Tribal 3. The Tribal Council has the power under its Constitution and By-Laws and in keeping with its Council act finally on an appeal before meeting jointly with the City Council to review said appeal. powers of self-determination to adopt policies to achieve the highest and best use of Aqua Caliente Indian lands, 5. This agreement is intended to serve pending the development of future procedures,ratesincluding but not limited to zoning and development thereof. regulations by agreement of the parties respecting regulation of land use on In trust lands geographically 4. In view of the Under Secretary's Notice,the City,by City Council Resolution No.12249 adopted ! located within the City.Joint discussions regarding these matters shall begin not mote than 120 days after on June 29,1977,has suspended the processing of applications filed on and after June 29,1977,dealing with approval of this agreement. Indian trust lands. However,either party may terminate this agreement,without prejudice to any legal position thereafter 5. The suspension of applicators in respect to the development of Indian[rust land,if not promptly asserted except as hereafter provided,upon thirty(30)days written notice to the other party.In the event of and properly eliminated threatens to impose an unreasonable hardship on the appropriate development of Indian termination of this agreement,any project existing or in process pursuant to previously granted approval by the trust land and to irreparably damage the economy of the entire community. City shall continue to be bound by the terms and conditions of such approval. ved by resolutions of the Tribal Council and the City Council. 6. Both parties recognize the need for effective planning,zoning,and land use controls with respect to - 6. This agreement shall be appro all lands under their respectivejmisdiction. IN WITNESS WHEREOF,the parties hereto have executed this agreement by their respective authorized 7. The parties desire to make a sincere effort to effectively resolve this problem without delays and in a officers the day and year first above written. mutually satisfactory manner. TRIBAL COUNCIL OF THE AGUA CALIENPE BAND OF CAHUILLA INDIANS II.AGREEMENT OF THE PARTIES. BY In consideration of the mutual promises and undertakings hereinafter agreed to,the Tribal Council and the CITY OF PALM SPRINGS,CALIFORNIA City do hereby agree as follows: By: I. Upon execution of this agreement,the Tribal Council shall by ordinance or resolution make Mayor applicable to Indian trust lands geographically located within the City the laws,ordinances,codes,resolutions, SUPPLEMENTAL AGREEMENT NO.1 rules,or other regulations of the State of California and of the City,limiting,zoning or otherwise governing, regulating or controlling the use or development of Indian trust lands within the geographical limits of the City, NOTE and the City will resume the processing and,when all is found to be regular and in accordance with applicable (To Agreement No. 1324 between the Tribal Council of the Agua Caliente Band of Cahuilla Indians and laws and regulations,the issuance of all permits pertaining to said Indian trust lands in all ways necessary and the Palm Springs City Council.) proper for the development thereof which shall include but not be limited to the following: This supplemental agreement is made as of the 28th day of Nlarch, 1978,by and between the Tribal a. Budding and utility permits, Council of the Agra Caliente Band of Cahuilla Indians("Tribal Council")and the City Council of the City Of b. Changes ofzone, Palm Springs,California("City"). htip://gcode.tis/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/3/2006 http:// code.us/codes/palmsprings/view.php.topic=zoning_code-zoning_pode_aPP endices-2 6/3/2006 q � HYYDLVIJIAL HVUHl.HL1D1V1DDli1VL VP l.HDV1LLH llVLIH1Vl—llYiniu1v1r1VV... rare 7 V1=-e HYYDIVLJIALHVUHI..HL1121Y 1D DHIVL VP I.HRU1LLH llVLlIIIY YllV 11:lUlvitn... Lase iV Va It have executed Supplements Nos.1,2 and 3 to that Land Use Contract.The Assistant Secretary of the Interior for Indian Affairs duly approved this Land Use Contract with its two supplements on May 18, t987,and the Tribal m Council duly approved the third supplement on Dec.22, 1994. r The Tribe and the City now modify that Land Use Contract in the following way.Effective upon the ?->* - W v' execution of this Supplement No.4 by the authorized representatives of both the Tribe and the City,the original � � rf W Land Use Contract is hereby amended by the addition of the following new language to be inserted immediately te�D following"to Indian trust lands geographically located within the city"on lines 2 and 3 of paragraph 11.1 of p.2 of the Land Use Contract: except for those parcels of land whose legal description is found on Exhibits A,B.C,D and E,hereto Said Exhibits A,B and C were previously approved on 12/11/94,In all other respects,the said Land Use Contract remains in full force and effect °i $ 1 B t 0 &6 'O Dated:July 27,1995 1 AGUA CALIENTE BAND OF INDIANS("Tribe") iLL By: r Richard M.Milanovich,Chairman - CITY OF PALM SPRINGS("City') Dated:July 27.1995 '>r I APPROVED BY THE CrfY COUNCIL —� ,, --- ��- —=! '1---- cau na r M - Llyoyd Maryanov,Mayor © tt ATTEST: Judith Sumich,City Clerk 0 IT"C„ -•J •f— N m I X 44 i hdW COWdICrr Aer 1324 wnh Cb Aara".d SCW 14,Ada 2 EXHIBIT"W LEGAL DESCRIPTION That portion of Block 2 of Section 14,Township 4 south,range 4 east,San Bernardino base and meridian, in the county of Riverside,State of California as shown by corrected plat accepted September 7, 1927,described as follows: http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/4/2006 http://gcode.us/codes/palmsprings/view-php?topic=zoning_code-zoning_code appendices-2 6/4/2006 ArrpN )IA L AVUA I,ALI13lV m"A1V1J VP 1.HlYU1LLH llVilLY1VJ—llV lElU1V11"t(... rage 11 Ul 14 HPYC1VLlA L HVUli l.HL1C1V 1C bHLVU Vl'1.H11U1LLH llVL1H1VJ—LLV 1Ett11Y111(... rage 1G ul l� ' Beginning at a point on the westerly line of said block,233.00 feet southerly from the northwest corner _ thereof;thence southerly on the west line of said block,70.00 feet;thence easterly and parallel with the northerly line of said block 264.00 feet to the easterly line thereof, Thence northerly on the easterly line of said block,73.00 feet;thence westerly and parallel with the northerly line of said block 80.00 feet;thence southerly 3.00 feet;thence westerly and parallel with the northerly " line of said block 104.00 feet to the point of beginning;said"Block 2"is referred to as`Block 2-B"on plat showing amended Jottings of Bureau of Land Management;dated May 27,1958,premises being identical R Excepting therefrom that portion lying within Indian Avenue. RF e 1 EXI-BBrr"E" f n a'6 l7 Stj - . 1 eQ ZI 1 S A ! !t Y ! It Z 1 1 i R S Gulf w nvu ____ L, r r I - 1 � 1 1! r- I-- i ; 1 y i 7_ L � I L; •r I tmow--- __ _ _ ___ _ ___ __L i eY O +4 Tribal CLmIciVCicy AZr I324 with Cary EMISIT "Ef AF4-tdSuypl 1-4-Appends2 SUPPLEMENT#5 TO LAND USE CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND THE A GUA CAL TENTE BAND OF CAHUILLA INDIANS AGREENIENT 41324 http://gcode.us/codes/palmsprings/view.php?topic-zoning_code-zouing_code_appendices-2 6/4/2006 http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/4/2006 AP1`111V111AL AVUA UALLVINi IrnmN1Jt1r l.HriU1LLH llVUlt11V�—llV1G1V1q Y1[... rage aJ 01 lv APYbIVUTA L HITUH UH MN 1D DHNv Vr l.HriV1LLH llV1J No-11V IZ1 Ivl rl ... Edge lY v11Y R19449, 1.6-099 On July 23, 1977,the Agua Caliente Band ofCahuilla Indians,a federally-recognized Indian tribe(the Will Kleindienst,Mayor "Tribe")and the City of Palm Springs.California,a municipal corporation organized under the laws of the State Approved by the City Council by Resolution No. 19449, 1-6-99 of California(the"City").entered into a land use contract(the"Land Use Contract")concerning the manner in which the City would act as the agent of the Tribe for the enforcement of Tribal land use measures on all of the trust lands of the Agua Caliente Indian Reservation located within the city limits of the City,as specified in that Land Use Contract.Since then,the Tribe and the City have entered into Supplements Nos.1,2,3,and 4,and the Assistant Secretary of the Interior for Indian Affairs has approved that Land Use Contract. The subject of Supplement Nos.3 and 4 to that Land Use Contract has been the removal of certain specified parcels of land from the scope of the Land Use Contract,as the Tribe acquired those parcels and wished to devote them to specific uses outside the scope of the Land Use Contract.Since then,it has become clear that many further such supplements will be needed,on a parcel-by-parcel basis,as the Tribe acquires further parcels of land within the city limits of the City of Palm Springs.In order to eliminate the necessity of numerous further supplements for this purpose,the Tribe and the City now wish to make a further amendment to the Land Use Contract that will automatically remove parcels of land from the scope of the Land Use Contract as the Tribe acquires title to them,without the necessity of separate supplements to the Land Use Contract for each such parcel. Therefore,effective upon the execution of this Supplement No.5 by the authorized representatives of the Tribe and the City,the Land Use Contract is now hereby further modified and amended in the following ways: 1. Immediately following the language"except for those parcels of land whose legal description is found on Exhibits A.B,C.D,and E,hereto",which language was added by Supplement No.4 to the Land Use Contract,the following new language is hereby added to paragraph I1.1.of p2: And except for any other parcels of land which now are,or in the future will be,acquired by the Tribe within the city limits of the City.The land excluded from the Land Use Agreement by this Supplement 5 shall be subject to the terms of the Cooperation Agreement dated January 6,1999 between the same parties. 2. Immediately following items a in paragraph 11.1,of p.2,the following new language is added: In order to inform the City that the Tribe bas acquired a particular new parcel of land,so as to remove it from the scope of this Land Use Comract,the Tribe will transmit to the City Clerk of the City,within 10 days of such acquisition,a resolution identifying each such parcel and the date of the acquisition of each such parcel by the Tribe. In all other respects,the Land Use Contract as previously supplemented and amended,remains in full � force and effect. Dated:February 2,1999 AGUA CALIENTE BAND OF CAHIJILLA INDIANS(the"Tribe") By: Richard M.Milanovich,Chairman Approved by the Tribal Council by Resolution No.52-97 CITY OF PALM SPRINGS(the"City") Dated:2/3, 1999 - ATTEST: City Clerk By: http://gcode.us/codes/palmsprings/view.php?topic=zoning_code-zoning_pode_appendices-2 6/3/2006 http://gcode,us/codes/palmsprings/view.php?topic=zoning_code-zoning_code_appendices-2 6/4/2006 lAaei a11U OUIUU=law (:pass ana JTaDaaras ` 5w California Home BTH Home HCD Home Tuesda The Mobilahome Ombudsman Menu MMM1MQ. W • Frequently Asked Questions—(Adobe PE) or(MicrosoR Wordl ___ • Complaint Processing Chart—(Adobe PDF) AN • Complaint Forms M, A • ombudsman Poster in English—(Adobe PDF) • ombudsman Postern Spanish—(Adobe PDF) The Department Housing S Community Development - --__ a Occupational Licensing Query • Misslon and Goals • 2006 M b'I h me Residency n y Law(English veom—(Adobe PDF) • Codes and Standards Codes and Standards - - • 2005 Mobilehome Residency Law(Spanish version)—(Adobe PDF) • Division of Financial • Other Related Webshas Assistancef • Homtng Poliev y is • Mobilahome Park Maintenance raw Inspection information Booklets: t ouslooment � � ,`" k�i O M b'1 home Park Maintenance Inspection Information,Booklet—Pads Operator—(A O Mobilehome Park Maintenance Inspection I tomrafi Booklet—Resident—(Adobe Ooegrtuniti•s _ � o INSPECCION DE PARQUE DE CASAS M6VILES GUTA INFORMATNA PARA RE: • Your Comments (Adobe PDF) • contact Us WHAT IS THE OFFICE OF THE MOB/LEHOME OMB UDSMA Please mail all complaint ferns to: • Decisions Pending tl ftle fo r .�Mobilahome Ombudsman receives and Processes complains,from the Public and from public of Sacramento, Box 31craments,CA 95812-D031 Public ie ParParticipationrtuc'oation to living in manufactured homes and mobilehomes.Staff provides information,coord'mation,referrals assistance to help resolve complaints generally related to: if you are unable to download the complaint farms or need faring assistance.Please call 1-80U-952� Resources • Afferdable Housing a The operation of mobilehome parks related to health and safety matters. - Preservation • Building Codes and • The Purchase,sale,financing,titling and registration oFinanufacWred homesil and mobehort 1 Standark • The installation,inspection,and maintenance"alienation of manufactured hones,mobilehc , • Financial strucbi and park grounds- Cl ..ingbouse, • HCD Loans and In some cases the Ombudsman may directly assist in resolving complaints,however,most complain Starts forwarded to the state or local authority having jurisdiction for their resolution. • HCD Web News - - • Housing Planning and We CAN Assist You With Questions Or Complaints On Many It Back t T POf Page statistics • Incgm•Limits • Mobilahome park health and safety issues such as unsafe electrical,sewer,gas or water SM Usae andPd • Redevelopment • Manufactured home unlawful or unfair sales practices by dealers or salespersons,some Agency Date escrow,companies,and unlicensed persons. • Registration and • New manufactured home warranty,sales contract,and installation issues. tiro • Mobilehome Residency Law copies and information only on where to obtain assistancefor management,or rent disputes. What's New • Manufactured home owner fide,registration,fees,alteration,repair,and sales information. • Events - • Compensation for certain mobilehome and manufactured home sales for warranty,fraud or • Newsletters misrepresentations. • Notices of Funding Availability We CANNOT Assist You With Certain Other Issues: • Press Releases • Recent Site Updates • Unfair or illegal management practices by mobilehome park management • Rent or fee increases or disputes • Enforcement of the Mobilahome Residency Law civil matters. • Used manufactured home and mobilehome wamanty claims,unless corinctual. The Ombudsman cannot mediate or offer any legal advice on mobilehome park rent disf ^i;ar:aga;matf��.Yshould .,,,.,seek aid cr a an attorney or yourlocal government officials in these matters. http://www.hed.ca.gov/codes/ol/ombpg-menu.htnil 6/6/2006 6/6/2006 htip://www.hcd.ca.gov/codes/ol/ombpg-menu.html unaprer4.ua ti nmm i -uiN tttvt rngc..• wore to t,napter 4.uo- rage 1 or 1 Ttle 4 RENT' Title 4 RENT' Chapter 4.08 RENT CONTROL' s Chapter 4.08 RENT CONTROL` ( �, �' -�'} t Note to Qhapter 4.0r, - 4.08.0.10 AppNggkm. � NoU to Chapter 4.08' 'Editor's Note:Measure H,codified in this chapter,was passed by the voters on 4-10-90 and 4..06_020 Definitions. a �----N` certified by the city council on 4-17-90(Resolution No.17092). 4.08 030 ExamRtime 4.W040 Annual rent tncrea€es. 4 08.050 Basg�Ol, 4.08,060 Extraordin her Np inaeases. 4.08 070 Rent review comrrussian. 4.08.080 Conduct of commission >I receedmas. 4.08 090 Mandatorvproced_urg.. 4.08.100 Services. 4.08.110 Rea stradon—NoBfiration of tenants—Pe merit of fees. 4.08.120 Remedies. 4.08.125 YolaSortiPena� 4.08.130 Mobile home park corrversions Relocation benefds. 4,08.135 R112hfs of�urchasers ofexistingmohile homes in exisangmobileNome parks. 4.06.136 Rent adiuslmenLs tollowina conversion of rental mobile home park to resident pwnership. 4.08.140 Effect on local law. j 4.08.150 Retaliation. 408.160 Nonwaiverability. 4.08.170 Effective period. 4 08 180 Partial invalidity. 4.08 190 Amortization schedule. http://ww .ordlink.com/codes/paimsprings/_DATA/TITLE04/Chapter 4_08_RENT_CON... 6/4/2006 http://vm .ordliak.com/codes/paimsprings/_DATrVTTTLE04/Chapter_4_08_RENT_CON... 6/4/2006 4.ue.ulu Appncauun. `a5"`"`` I 4.Ve.VLV Ve1mluous. rage 1 V1 1 Title 4 RENT' rile 4 RENT' Chapter 4.08 RENT CONTROL' Chapter 4.08 RENT CONTROL 4.08.010 Application. 4.08.020 Definitions. The provisions of this chapter shall apply to all residential rental units located within the city which In construing the provisions of Chapter 4.08,the following definitions shall apply. rented for less than four hundred fifty dollars per month as of September 1,1979,except as provided in Section 4.08.030.(Measure H(part),1990) (1)"Landlord'means any owner,lessor,operator or manager of apartments,condominium Or mobile home parks.The term"landlord'shall also Include the owner,lessor or manager of any single-family residence which is occupied by a renter.. (2)'Renf means the consideration,including any bonus,benefit or gratuity,demanded or received by a landlord for the use and occupancy of a residential rental unit including services. amenities and security deposits. (3)"Residential rental unit means any mobile home space, apartment,condominium or single- family residence,except units in any hotel,motet,inn,tourist home or boardinghouse rented for periods of thirty days,or less,occupied by any person other than the owner for payment of rent pursuant to an oral or written lease,or other form of rental agreement.The term'residential J rental unit shall not include any unit which is subject to the transient occupancy tax of the city or wouM be subject to the transient occupancy tax of Chapter 3.24 if the Palm Springs Municipal Code in effect on November 1,1988 were applicable. (4)"Tenant means any person entitled to occupy such apartment mobile home,condominium or other residential rental unit pursuant to an oral or written lease with the owner thereof,or pursuant to some other rental agreement with the owner,lessor,operator or manager thereof. (5)"Consumer Price Index'(CPI)means that portion of the Consumer Price Index published by the United States Department of Labor for the Los Angeles-AnaheimrRiverside Metropolitan Area,designated as urban consumers,all items, 1967=100,or if discontinued,such other index which,subject to adjustment,is mostly nearly analogous to said index. (Measure H(part),1990) i http.j/www.ordliak.com/codes/paimspri-ngs/_DATA/TITLE04/Chapter 4_08_RENT_CON... 6/4/2006 http://yrw.ordlink.corn/codes/palmsprings/_DATAITITLE04/Chapter_4_08_RENT_CON... 6/4/2006 4.va.u.w nxempuuns. .ae. 4.v6.u4v Annual rent mcreases. rage r u1 t Title 4 RENT' Title 4 RENT' Chapter 4.08 RENT CONTROL' Chapter 4.08_RENT CONTROL" y 4.08.030 Exemptions. 'S��_ 4.08.040 Annual rent increases. The following rental units shall be exempt from the provisions hereck (a)From the effective date of the measure codified in this chapter,no landlord of any unit covered by this chapter shah request demand or retain from any tenant or prospective tenant a (1)Units used primarily for commercial purposes; rent increase in excess of three-fcurths of the increase in cost of living as indicated by the Consumer Price Index,since September 1979.No landlord shall be entitled to more thanone - 1 such rent increase in any twelve(12)month period,for any unit Rent increases pursuant to (2)Units in buildings,mobile home parks,or developments of four units or less,while one unit is Section 4.02.040 shall be taken into account in determining the increases permitted pursuant to occupied by the owner, - this section. (3)Units upon which construction began on or after Aprfl 1,1979; (b)Computation of rent increases allowable by this chapter shall be computed according to the following formula: (4)Spaces in any recreational vehicle pane l (1)The cumulative allowable percentage rent increase(1)expressed as a decimal figure may be calculated as follows: (5)Units in nonprofit cooperatives,unless rented or leased to a tenant (6)Units in any hospital,medical care facility,asylum,or nonprofit home for the aged; where A is the latest available consumer price index,and B is the consumer price index for the (7)Units owned,managed,or operated by any government agency; base rent month(CPI for September,1979 is 220.7) (8)Units whose rent is subsidized by any governmental agency,if federal or state law or (2)Multiply the cumulative allowable percentage increase by the base rent as determined in regulation specifically exempts such units from rent regulation. Section 4.08.050.The resulting figure(allowable cumulative increase)added to the base rent is the maximum allowable rent (Measure H(pan), 1990) - - (3)Subtract the current rent from the maximum allowable rent The resulting figure is the maximum current increase in the rent (4)At the landlord's option,the rent(base rent plus allowable cumulative increase)may be rounded to the nearest dollar, provided such adjustment is made for all rental units. (5)It is the intent of this section to authorize annual rent increases in accordance with the same formula as was in effect as of November 1,1988 under Section 4.02.040. (Measure H(part),1990) http:/hvvvw.ordlink.com/codes/palmsprings/_DATA/TTTLE04/Chapter_4_08_RENT_CON... 6/4/2006 http.,/hrotiwv.ordtink.com/codes/palmsprings/_DATA/UTLE04/Chapter_4_08_RENT_CON... 6/4/2006 'f.Ve.OJV IJaSC ICIII. ragc a va a ! q,VJ.V/V ReIIm review communion. rage a vi� Ttle 4_RENT` Title 4 RENT' Chapter 4.08 RENT CONTROL" _° 5 r Chapter 4.08 RENT CONTROL' 4.08.050 Base rent - 4.08.070 Rent review commission. The base rent for the purposes of this chapter,and for the computation of allowable rent (a)Creation. increases,she#be the monthly rent charged on September 1,1979,except There is hereby created within the city a rent review commission,consisting of five members,to (1)If the unit was held as of September 1,1979,under a lease which provided for monthly rental payments of unequal aunts,the monthly rent charged on September 1,1979,shag be deemed be appointed try the citycity ccouncil. n commissioner can Doty be removed by a vote of the majority amounts, to be the total rent due under such lease divided by the number of months of said lease,and of the membership of the city council. mb (2)If the unit was vacant or not yet completed,or ogrerwise exempt from application of this (b)Qualifications. chapter,as of September 1,1979,the base rent shall be the monthly rent charged when the unit first became occupied as a rental unit or the exemption terminated after September 1,1979,and Persons selected to serve on the rent review commission shall be residents of the city,able and the base rent month shall be the month when such unit first became occupied. willing to render fair and impartial decisions in matters pertaining to the administration of this _ chapter.No person shall be eligible to serve on the rent review commission who is a landlord or a (Measure H(part),1990) tenant of a rental unit or units subject to the provisions of this chapter. i - (c)Term—Vacancies—Vote. 'I Members of the commission shall serve for the tens provided by Chapter 2.DS of this code, j except that commissioners appointed pursuant to former Section 4.04.030 shall be deemed to have been reappointed pursuant to this section and shall serve the remainder oftheir terns as if Section 4.04-030 had not been superseded.A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter. (d)Disclosures. I All candidates for appointment to the rent review commission shall disclose in a verified j statement all present holdings and interests in real property,including interests in corporations, trusts or other entities owning any interest in real property within this jurisdiction. (a)Compensation. Members of the commission shall receive no compensation for their services on the commission as such,but shall be entitled to receive thirty dollars per member per hearing session with a maximum of sixty dollars per day for the conduct of hearings on petitions for rent adjustments. (f)Powers and Duties of the Commission. Within the limitations provided by law,the rent review commission shall have the following. powers and duties: (1)To meet at such times as may be regularly scheduled by the commission,or from time to time littp://www.ordlink.com/codes/paimsprings/_DATA/fITLE04/Chapter_4_08_RENT_CON... 6/4/2006 http://www.ordlinkcom/codes/palmsprings/_DATA/TITLE04/Chapter_4_08_RENT_CON... 6/4/2006 y.ua.ury rcenr revmew curnnnnnssrum. rugs c ur c w.ua.uau uonaucr or commtssron procecumgs. rage i or t at the call of the chairman to hear and determine petitions filed hereunder,at the request of the Title 4 RENT' city manager,or otherwise to conduct business of the commission,and to utilize city offices or "-"---""'-- facilities as needed as available. Chapter 4.08 RENT CONTROL' (2)To receive,hear and determine petitions or other requests of tenants,landlords,or other interested persons for interpretations of this Chapter 4.08,or for a review of a landlord's actions, proposed actions,or alleged violations of Section 4.08.060(t)andfor 0)of this Chapter 4.08.In 4.08.080 Conduct of commission proceedings. hearing such petitions or requests of tenants,landlords,or other interested persons,except as authored by subdivisions 4 of this subsection(0,the commission shall have no auti to fix or award civil penalties,damages,or the atomey's fees of any tenants,landlords,or other interested persons,but shag have the authority to assess against a landlord appearing in such (a)Each party to a hearing may have assistance in presenting evidence or in setting forth by proceedings the actual costs,in whole or in part,inchtdng the atlomeys'fees incurred by ire argument his position,from an atomey or such other person as may be designated by said party. commission in the conduct of such proceedings in those cases where the commission shelf find and determine the landlord has violated any of the provisions of this Chapter 4.08.The findings and determination or decisions of the commission shag be available in written forth for use in (b)In a hardship case pursuant to Section 4.08.060,petitioner shall submit all nontestirnonial any judicial proceeding which may be brought pursuant to Chapter 4.08. evidence supporting the petition to the commission and make it available to the opposing party at least fifteen days prior to the hearing.Failure to comply with this requirement shall render the evidence inadmissible.Said evidence shag dearly set forth the Income and expenses for the (3)To receive,investigate,hear and determine petitions of landlords for hardship adjusbthem of subject property for both the base year and the year of application. rend pursuant to Section 4.08.060.Any hardship rent increase granted shall be limited to that _ - period of time necessary to alleviate any demonstrated hardship.It shall be the obligation of the landlord,in any petition brought pursuant to Section 4.08.050,to establish,by a preponderance (c)Formal rules of evidence shall not apply in commission proceedings;however,all oral of the evidence,that a hardship increase should be granted for a period of lime greater than testimony offered as evidence shall be under oath. three hundred sixty-five calendar days from and after the effective date of the determination of the commission,pursuant to Sections 4.08.080(e),(f)(2)and 4.08.110(a).Adjustments or - increases may take the form of a redetermination of base rent,a surcharge for utility or other (d)In the event that any party fails to appear at the time and place set for hearing of a petition, services,or such other adjustment or increase as the commission shall find to be either the commission may hear and review such evidence as may be presented,and may make such necessary or appropriate.No hardship increase shag be granted without the affirmative vote of at findings and decisions as shall be supported by the evidence presented. least three commissioners. (a)The commission,or designated hearing officer,shag make findings based on the evidence as (4)To make or conduct such independent hearings or investigations as may be appropriate to to each fact relevant to the commission's decision on the petition.The decision of the obtain such information as is necessary to carry out its duties,and to delegate its power to hear commission shall be based upon the findings,and shall. individual rent adjustment petitions to such hearing examiners as may be appointed by the commission.All decisions of the commission shag be prospective,not retrospective,in operation and application.The commission shall have no power or authority to authorize any landlord to (4)Interpret Chapter 4.08;and/or impose retroactively any increase in rent If the commission shall find that a landlord rd has accepted,received or retained any rent payment in excess of the amounts permitted in Chapter 4.08,the commission may order such overpayments be offset against future rent (2)Determine whether the action or proposed action of the landlord is valid,permitted,and in conformity with Chapter 4.08;and/or (5)To render an annual written report concerning its activities,rulings,actions,results of hearings,and other matters pertinent to the operation of this chapter. (3)Determine whether a hardship exists,and if so,the nature and amount of relief to be granted or authorized to the landlord. (6)To adopt,promulgate,amend and rescind administrative rules. (4)The findings and decisions of the commission shall be foal administrative action.There shall be no right of appeal to the city council.Such findings and decisions shall be public records,and (7)To maintain at City Hall,records of commission decisions and files and dockets listing the may be certified by the secretary of the commission,if any,or by the city clerk time,date and place of hearings,the parties involved,the addresses of said parties and final - disposition of each such petition. - (5)Until specifically superseded by the rules of the commission,the procedural roles in effect pursuant to Chapters 4.02;4.04;and 4.06 as of November 1,1988 shall remain in effect unless (8)To set such fees and charges as appear necessary or desirable to defray in whale or in part said rules conflict with the provisions of this chapter. the cost of administration of the commission and the conduct of its assigned duties. (f)Priorities—Timeliness of proceedings. - (5neas,re kK§1(0). 1994, OM. 1392 yc 1, 1991,Measure u(part)./gag) (1)The rent review commission shall establish categories of petitions or requests,and may set priorities for those categories deemed most urgent In view of the protections provided for tenants elsewhere in this title,the highest priority for the proceedings of the commission shall be given to http://www.ordlink.conVeodes/palmsprings/ DATAMTLE04/Chapter 4_08_RENT CON... 6/4/2006 http://w w.ordlink.com/codes/paimsprings/_DATA/TITLE04/Chapter 408_)3ENT_CON... 6/42006 %.ua.uau 4 ODUUUL or wuumssrou pnwcnuurga. rugs a ur c I - ...............� r'-'----' petitions based upon hardship alleged to be created by cost increases incurred by landlords ki Title 4 RENT' the course of providing necessary services to their units. Chapter 4.08 RENT CONTROL' (2)The commission shall so arrange its affairs so that each petition filed by a landlord seeking a hardship rent increase shall commence hearing not later than forty-five days following the filing of such petition and shall be determined not later than thirty days following the dose of evidence. The commission may appoint one or more hearing officers to hear such cases,make findigs 4.08.090 Mandatory procedure. thereon,and recommend disposition thereof to the commission.In any case in which a verified petition penalty has been filed by a landlord stating facts which prima fade constitute a hardship, 'd such petition is not heard and determined within the time limits of this section,exclusive of arty delays requested,consented to or caused by the landlord or his representative,no fees,charges The proceedings of the rent review commission are mandatory A party and ex u sah end There shall a no or costs shall be charged or assessed against said landlord for any of the heaig costs of said 1 appeal,as such,from a final determination of the commission. dr �,�,. Measure H(P1, commission decision of the commission may seek any judicial remedy previ by 1990) (Measure H(part),1990) - I I http://ww .ordlink.com/codes/paimspringJ_DATA/TITLE04/Chapter_4_08_RENT_CON... 6/4/2006 http://,Mvw.ordlink.comlcodes/paimsprings/_DATAJTITLE04/Chapter_4_08_RENT_CON... 6/4/2006 a.ua.uou ax(racratnary mrusutp mcfeasns. rnyc a ur v +.u5.uou cxrraorumary narusmp mcrnascs, Title 4 R@NT' — __(iv)-Other expenses were unreasonably high or low notwithstanding the following of prudent business practice.In making this determination,the fact that property taxes prior to 1978 may Chapter 4.08 RENT CONTROL' have been higher shall not be considered. (2)That the rent was disproportionate due to one of the enumerated factors below.In such se instances. adjustments shall be made in calculating Gross Rents consistent with the purposes of 4.08.060 Extraordinary hardship increases. the Landlords may obtain individual rent adjustments pursuant to the standards established in this provided The rent on the base data was establishedvided for a substantially higher rent at othheit periods during the tens of the lease; a lease or other formal rental agreement which section in order to permit rents to be established at a level which will avoid a confiscatory taking avoid of the landlord's property,consistent with the Rent Control Ordinance and the laws of California and the California and United States Constitutors. (fi)The rent on the base data was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent (a)Presumption of Fair Base Year Net Operating Income(NOI). (!if)The rent on the base date was substantially higher or lower than preceding months by reason Except as provided in Section 4.08.060(b),it shall be presumed that the net ope2trg-uhcorrhe of premiums being charged or rebates given for reasons unique to particular units or limited to produced by the property during the base year provided a fair return on property.Landlords shah the period determining the base rent be entitled to maintain and increase their net operating Income in accordance with Section 4.08.060(c). (iv)The rent on the base date was exceptionally high or low due to the fact that the rent was not established in an arms-length transaction. - (b)Adjustments of Fair Base Year Net Operating Income. (3)The net operating income was less than filly,percent of gross income in the base year,after If the commission determines that the base year NOI yielded other than a fair return,4 shag making adjustments as permitted by subdivisions(1)and(2)of this subsection(a).in such a adjust the base year N01 in accordance with this section.The commission shah not make such a case,for purposes of determining base year net operating income,gross Income shall be determination unless it has first made at least one of the following findings: adjusted upward to iwfcsthe amount of adjust base year operating expenses. (1)That the landlord's operating expenses in the base year were unusually high or low.In such (c)Allowable Rent Increases.Upon filing of an individual hardship petition by a landlord,the instances,the operating expenses for each of the three ears last preceding the base ear shag commission shale permit rent increases,unless otherwise predefined by law,such that the y Y landlord's net operating income Tor the year of application as defined in Section 4.08.06(1(d)will be adjusted in accordance with Section 4.08.060 and the average of such adjusted expenses be increased by fifty percent of the increase in the Consumer Price Index over the base year.The shall be substituted in calculating the base year NOI.Such average shall be presumed to reflect increase in the CPI shall be calculated by dividing the most recently reported monthly figure at reasonable average annual expenses;such presumption may be rebutted by dear and the time of the dose of the hearing by the monthly figure for September of the base year. convincing evidence. - In the event that the was not continuous operated as a rental unit for three ears Iasi In making any adjustment pursuant to this section the rent review commission shall consider the property continuously pera Y effects of rent adjustments pursuant to Section 4A.040. preceding the base year,the base year operating expenses shag be adjusted to reflect average h expenses over a period of lime deemed reasonable by the commission. - (d)Definitions. In determining whether the landlord's operating expenses were unusually high or low,the commission shall consider whether. For purposes of hardship rent adjustment proceedings,the following definitions shall apply: i (i)The landlord made substantial capital improvements during the base year,which were not (1)Net Operating Income(NOI)equals gross income less allowable operating expenses- redected in the rent levels on the base date. (ii)Substantial repairs were made due to uninsured damage caused by fire,natural disaster or (2)Gross Income equals: vandalism. (i)Gross Rents,computed as gross rental income at one hundred percent paid occupancy,plus (ni)Maintenance and repair were below accepted standards so as to cause signiiicant deterioration in the quality of housing services. (u)Interest from rental deposits,unless directly paid by the landlord to the tenants(interest shall be imputed at the rate of five and one-half percent of all deposits unless such deposits actually earn greater interest),plus hrtp://www.ordliak.coin/codes/pahwprings/_DATAJTITLE04/Chapter 4_08_RENT_CON... 6/4/2006 http:/hvww.ordEnk.com/codes/palmsprings/ DATA/TIYLE04/Chapter 4_08_RENT_CON... 6/4/2006 . . 4.u8.uou tixaaoraruary narusmp mcreases. rdrC J v.r, 4.06.10JU tsxma0ramary narasmp mcreasea rage Y ai o accordance with the actual useful life of the maintenance or capital improvement (III)Income from laundry facilities,vending machines,amusement devices,cleaning fees or services,garage and parking fees,plus (viii)Reasonable attorneys fees and costs incurred as normal and reasonable costs of doing business,including but not limited to good faith attempts to recover rents owing and good faith IN)All other income or consideration received or receivable for or in connection with the use or unlawful detainer actions not in derogation of applicable law,to the extent that the same are not occupancy of rental units and housing services, recovered from tenants. (v)Minus uncollected rents due to vacancy and bad debts to the extent the same are beyond the (ix)Where the landlord holds the property pursuant to a ground lease,master lease or similar - landlord's control.Uncollected rents In excess of three percent of gross rents shall be presumed arrangement the portion of the rental paid pursuant to such ground lease which exceeds the to be unreasonable unless established otherwise by this landlord by clear and comrincirg rental paid pursuant to such ground lease during the accounting year which includes September evidence.Where uncollected rents must be estimated,this average of the preceding three yeere' 1,1979,where: experience shall be used,or,in the discretion of the commission,some other comparable method. (1)The ground lease,master lease or similar agreement was in full force and effect on April 8, 1980;and (3)operating expenses shad include the following: (2)No previous agreement has been made in anticipation of the higher ground lease payments. (i)Real property taxes, (4)Operating expenses shall not include: (ii)Utility costs,not paid by the tenants, - (i)Avoidable and unreasonable or unnecessary expenses: (III)A management fee which includes the costs of both onsits and oitste management (contracted or owner performed)and is five percent or less of gross income is presumed to be reasonable.A management fee in excess of five percent of gross income is presumed to be (ii)Mortgage principal and interest payments; unreasonable.Such presumption may be refuted by dear and convincing evidence. (III)Lease purchase payments and rent or ease payments to landlord's lessor except as provided (iv)Other reasonable management expenses including but not limited to necessary and in Section 4.02.080(d)(3)(xi); reasonable advertising,accounting fees,and insurance. (iv)Any penaties,fees or interest assessed or awarded for violations of this or any other law; (v)Owner-performed labor,at hourly rates established by commission regulations. I (v)Attorneys fees and other costs incurred for proceedings before the commission or in (vi)License and registration fees required by law to the extent same are not otherwise paid by connection with civil actions or proceedings against the commission; tenants. - JAI Depreciation of the real and personal property; (vii)Any other operating expense which is ordinary,necessary and reasonable,and which recurs vn)An a y se for which the landlord has been reimbursed 6 an security securi deposit,insurance on an annual basis,irrespective of the amount should bee year in which t occurs. Y settlement judgment for damages,settlement,or any other method..expensed in the ( y Any operating expense in excess of five hundred dollars which does not recur on an annual basis - - must be capitalized,provided,however,that (5)Base year for purpose of the section shall mean the calendar year 1979.In the event that the landlord has previously applied for a rent increase under this section or under any other rent (1)Expenditures to upgrade Facilities or increase amenities shall be allowable expenses in cases regulation in effect since 1980,then the base year shall be the base year that was adopted by the involving mobilehome parks only if the park owner has consulted with the park residents commission in that prior proceeding. regarding the nature and purpose of the improvements and the estimated cost of the improvements,prior to initiating construction of the improvements and has obtained the prior written consent to include the cost of the improvement as an operating expense of at least one (6)"Year of application"for purposes of this section shall mean the petiticner's/applicant's normal adult resident from a majority of the mobile home rental spaces.The commission shall not fiscal year immediately preceding the commencement of the hardship application period as consider evidence of such consent which is not presented in wridng at the time of filing the defined in Section 4.08.060(a)within which the petitionlapplication for a hardship rent increase is application which seeks to include such capital improvement expenditures as operating filed,unless another period is found by the rent review commission or any designated'nearing expenses. officer to be more appropriate. Allowable annual expense calculations under this subsection shall be computed in accordance (e)Determination of Base Year Net Operating Income. with the amortization schedule set forth in Section 4.08.190 or if not itemized therein,in http://ivww.o.dlink.corn/codeslpalmspringsl_DATAITITLE04/Chapter 4_08_RENT_CON... 6/4/2006 http://www.ordlink.com/codes/palmsprings/_DATA/TITLE04/Chapter_4_08_RENT_CON... 6/4/2006 4.ua.uou nxrraurmmry uurusmp mcrraacs. rags J ur u 4.v6.vov rsxtraorduuvy narasmp increases, rage o or o Base year net operating income shall be determined by deducting from gross Income for the base year the actual or adjusted operating expenses for the base year,except that in the event any rental assistance paid to any tenant pursuant to any federal or state program of rental that the landlord did not own the subject property at the beginning of the base year,the operating assistance; expenses for 1979 shall be determined in accordance with one of the following: (2)The termination of any tenancy with respect to any residential rental unit excluding a tenancy (1)A previous owner's actual operating expenses in 1979 as defined in Section 4.08.060(d)(5);or in any mobile home space as defined in Civil Code§798.12,by a landlord on any ground other than(i)a default in the payment of rent on the part of the tenant,(if)a breach of any provision of any lease or rental agreement by the tenant,(lit)a nuisance committed by or permitted to exist by (2)Mere petitioner has established to the satisfaction of the commission:that records of 1979 any tenant.(iv)where a residential rental unit is utilized by or permitted to be udlized by the expenses are unavailable,actual operating expenses for the first calendar year of ownership,. —n tenant.for any illegal purpose including,but not linuted to,the purchase and sale of controlled `7 i% substances,or acts of prostitution,or(v)where the landlord in good WM seeks to recover adjusted to 1979,In accordance with Section 4.08.060(Q. - �'� possession of the residential rental unit to be occupied by the landlord,or the children,paierds, ��.--sibfi grandparents,father-in-law,mother-in-law,son4n4aw,or daughter-in-law of such (f)Schedule of Increases in Operating Expenses. landlor f gor residential purposes. Where calculations which are necessary to effectuate this section require estimations of income (3)The termination of any tenancy with respect to any residential rental unit,excluding a tenancy or expenses,it shall be presumed that operating expenses have increased at the same ram as in any mobile home space as defined in Civil Code§798.12,where the landlord has engaged in the CPI and that rents have increased at three-fourths of the rate of increase in the Consumer I - a course of conduct resulting in an unreasonable interference with the tenant's comfort,safety,or Price Index It shall be presumed that management expenses were the same percentage of enjoyment of such residential rental unit gross rents in the base year and the current year.Actual base year expenses shall be used for landlord.taxes ar and other expenses which are public record or e otherwise wag"to the ndord. (Measure KK§1 (a),(b),1994:Ord.1397§§1,2,1991:Ord.1395§§1,2,1991;Ord,1390§1, 1991;Measure H(part),1990) (g)Hardship Application Period. Applications under this section may only be filed in September,October,November,December, a January,unless the fandlorddenronstrates exceptional circumstances beyond his or ber control that justify a waiver of this rule. (h)Frequency of Petitions., Only one petition may be filed during any continuous twelve(12)month period for a property. (i)Vacancy Decontrol. Except as otherwise provided in Section 4.08.0600),and notwithstanding any other provision of , this Chapter 4.08 to the contrary,in the event any tenancy in any residential rental unit excluding any tenancy in any mobile home space as defined in Civil Code§798.12,is terminated as the result of consensual action of a landlord and tenant or as the result of a lawful involunmry eviction or termination by a landlord,the maximum allowable rem for any such residential rental unit excluding any mobile home space,may be adjusted without regard to the provisions of this Chapter 4.08,and such residential rental unit shall no longer be subject to the provisions of this Chapter 4.08. 0)Prohibited Landlord Conduct. The foregoing Section 4.08.060(i)shall not apply,and there shall be no decontrol of rents upon the termination of any tenancy in any residential rental unit, excluding any tenancy in any mobile home space as defined in Civil Code§796 12,in any of the following circumstances: (1)The termination of any tenancy with respect to any residential rental unit,excluding a tenancy in any mobile home space as defined in Civil Cade§798.12,as the result of the termination of http://www.ordlink.coriVcodes/palmsprings/ DATAiTITLE04/Chapter-4-08—RENT—CON... 6/4/2006 - http://www.ordlink.com/codes/palmsprings/_DATA/TITLE04/Chapter_4_08_RENT_CON... 6/4/2006 i COURTESY NOTICE Horizon's Lease is Sold! ! DATE: April 25,2006 It is with mixed emotions that Betty, Peggy, Tom and I tell you, that after 42 years, we will no longer be associated with TO: All Residents of Horizon Village. Horizon Mobile Village in 1964 I was a real estate broker, and speculator, buying and FROM: McKay Florence-Horizon Asset Partners LP selling houses and hotels when I was faced with the opportunity y and challenge to get involved with Horizon. Betty and I couldn't - come in on a better, or worse, time. The then owners were suing RE: New Ownership and Management ouraged. And we didn't knew nwdhat each other, and were very disc we were getting in to. Safari had opened up next door„+ Dear Residents: many people moved out- The sewer syste was failing, and the tv reception was terrible- The Ri m Merest project above Horizon Please be advised that effective 04/22/06, we have acquired ownership of Horizon produced noise and dust, and its developer was in bankruptcy. Mobile Village. We are truly excited about this oppormaity and we took fmmmd to the After the first year of our owner,sltip we had 45 permanent I �p" � eF development of a long-tern relationship with all of you. Looking toward a better future, coaches, and the wind blew sand from one end of the park to ) y one of the that changes we have made is to enlist the services of a professional the other. IiTcompany,that company is Laguna Asset Management,Inc, They will be - G— responsible for the operation and management of Horizon Mobile Village. We are we tried to trade Horizon for a decrepit motel in Desert Hot confident that the experience and commitment that this company will bring to the day-to- Springs and that owner said, "You have nothing of valuel" day activities at Horizon Mobile Village will be a positive move for both ownership and Fortunately, Mr. Smith of Coachella Valley savings and Loan residents. rescued Rimcrest, and also provided sewer service that Horizon could use. A Mr. niathanson established a cable tv servi.ce, For the month of May 2006,there will limited changes in how your rental payments are and Horizon started to recover. made. You can still make them payable to Horizon Mobile Village and they should be Ocher park closings provided Horizon with new tenants, and sent to the Park Office at 3575 E.Palm Canyon Drive. payments are to be made in the form of clieck or money order ONLY no cash payments please. The park's billing imaginative managers installed the best jbetter in town, and procedures and operational methods will be undergoing a complete review and as improved the park. things started to get bettor. P p g p changes occur,you vrill be properly notified. About a year ago we were approached by a developer who wanted to raze this land and build condominiums, but we turned them Lastly, we wanted you to also know that your on-site management team remains down. unchanged, therefore you may direct mycurrent or future comments to their attention, Should you need to speak to the principal contact at Laguna Asset Management,his name The new buyers have other mobile home parks, and will be able is Ralph Bea and he can be reached b hone at 949 481-0909 ExtA50. For any to operate Horizon they efficiently than we were able to do. P Beatty YP ( ) You will Find that they are very nice people. written correspondence,please send all inquiries to the following address: And we have faith that our wonderful mobile home owners will Laguna Asset Management,too. work well with them to provide a facility where all parties c/o Ralph Beatty can be proud. P.O.Box7209_ _ And to you, our tenants, we are very grateful, and thank you Laguna Niguel,CA 92607 (949)481-0909 for moving in to Horizon, and for being friends. � (949)481-0910—Pax Betty, George, Peggy, and Tom Nies Thak you for yooz cooperation. Sincerely, I McKay Florence r4saging Member Hor(BonMobile Village (949)482—0909 it will Lakesevenl years to develop asufficieatly positive rappottwith her to order to P.O.Boxy2o9,Igr,ItmoNguel,CA926Oy FOx:(949)48 -O90 discuss and negotiate un extension,We son very committed m this process,however, until such time as the lease is renegatiated,we will operate the property under the assumption that the Park will close Iunc 2023. fa" May31,2006 Next,in hamsquou the debt property,and eetdletbeleaial oldexpectations improvements(Park),make necessaryunpmvementsmthe property,and the8Village, .cid expectationsofthee timers,it DeazHesldmt, wiilbenaessarymivmsase the m commiat mifi Mit ile Vitbg themzkctpeal=ofwme researehuagcvnemae.m in dmilm commtmitia,it appear thaz themarkelvdm of amParab]e spaces in the Palm Springs sam mceed,S500pammth. Assuch,wehavePlamedametime Asamd ofyan are awar6 afi¢40 Plmyams ofowrcahip,George NesmamdYsold Hodzo.' mmtimeue ihatvrillbdvg,paa tomb mftParkto$W. This mount is stillwell below - MoWeVillage. Mmrwowma,werecevdn,lb derommaity.Thap 6rmmivEo®al in- basismanwvagcestimaamddiaeuee a¢plam fq thecom.umity.TLepugw,e pfthklettau agwd,sl we betiecddmtgwh=wmpomdp tbcmark L Ibistics its goals a illbo mvides a plmncrkd o pU=b= whw compawvcsid with Thiarmtmcae 3bw be m inhadvice oaselva m allliedzon Pi}lagemeside.6and giveYm aooverview ofwhazwas ltnp]®etnd mSeptemba 1,2006 fartho•ereridcu�witlt avnivaaaydatwbelwaenApo7 and acid atdatmeethmg. SeptembaandwiLLroWimmmamiveasarydateaofthowremainingresidemawhoee - Hodzo.ArectPeataeu,LP is the entity thatporobasedHorizon. R consists ofa small group of amivenerid are between Oamber and Mach exprriencedmobilehomepartopaaton.lagmaAnetPatvaa,Im.,tLe GenerilPaama, stable whosep®ciples am Ralph Batty and Mc%ayFlmeoce,wW make all the day-todayopastional FmW®°ry inoraermmos to in azethemeakwooflame largei longermdproviatdC aehe dreidmafortbepaathaehip.Lagu.aAasaParma,,me,is the General Patmaforeleven a =utednd mare,pmaicnblonorbcf oft,dab,wewillalmofferalongtermlasetlutcmbe wbichownthineenmcbilebome exacted, tcemsonorbefom lime date ofyoarnert;to dw mace.Withminitid spuerentof pamashipa p�stLmmgLmrt Califo®aavd Adzoauxmging Imecolda Gmtlyball parties,m five starseviw(SSy mmu6wmmed housingco®unities.We - $te,thenesvt®-yearlease mvill tb=2s/@ud harnesses;mthetBI wd6-a Prione,slx)us si arecommittedmopmbngcommmitimthdpmvideasafyclemmdagoyablealmosphmfoc minimum ivereaseambe mtlesa thm2'/.andam>rimvmm[to exceed 6%.Thenew lea¢awill be tnnsfeaabla with same limitation,and anndestreat adjustment upon hmsfa.Acopyoftbe lasewillbemade availableverysbordyfraymerevim.. Th.Fullowing it ems was discacsed at the meetingwithrcaideots. AS IonBss �'I �,%j^ df pFindlyrtha's amsome residents at Horizon forwhom this inaressemaYmparseut a substantial occoparcyremains high and residents are 000pentive,Horizon Mobile i �. �"e.roaomiclmartlthip andbeeause it is notoaimcvtionm displace anyone fmmfbea home,we Yillagewillravamaa�mityforataapemsms(ss aml alaapark). —- — wll affa,mmaxowlmqualifyrnccon..m.ars5sionvoinegracce. S®P1YpuSifyam'gmaa • Omobjalivekmmaintamamdlmieryrova the ptopertyssk aonom.ically feamble.� ,mud hooseholdiwmeislesstban516,000and Horizon Mobile VM-geisyo8 primuy Somemmmediate p]am fro impravavateinclude raj,rlmatrimming,enhwced i residence,yoemay qualify for this economic assisiansupmgmm. H}roufeel Youmry4Ualb`Y, Inedsapmgmepanaulacat roads,make neiesruy.improvceremslathe elatdcd system, please see Charlie at the Office for an application, make necesssayi epmvem®Is to the sewer system and improve mdlormeplace dgnage thmughouttlu Falc Itwassugg.Wbyaresidemdwa .loakattheadequmyo£Pa$ Hyou Lave cpaitic quesRova relatiugm yomtevaacy avd}quwouldl�ems�eakm ope of the lightiagin several areas and we have agreed w do that aka. oemem,you may schedule an appointment through Charlie,am onsitsmmagm,to speak with • An mmmt social and recreation activities at Had..,for Ired..residents and their Ralph Beatty.We intend to hold aPakwide residemmee6ng in October,after all ofthe winter gucsta,willcontimmc.This includes myspomombip bythe Park owner ofthess mesidmts Lave relamed .mca mity,ants, • Wc;nedtodoompnimmalre Hotkmmeajoyaoleplacetolivebycoingfor ur - yo Sincerely, commun am facilities and we expedxaidents m do the same bymaintaimng their home site in a clean and athaedve mama.We intend m update and enforce the rules ofthe Laguna Asset Partners,Inc. wmmmil be.simpartiality - ( _, _ • We intend to...time with the cunem..sit.staff R\�a11QPhy'/rT^jf�/A//y • Them will beasabstmtid rent increase wldchwillbe discussed at length latain this letter. • Water is caamtly billedata4at rote.Watarena¢smeschaduledtobeinstagedaod residents willpay foraatabased on their ownusage once that pmject is complete I • Asbredwaysbem the case,Horizon is mbjectto gland lease that expires in luoe2023. McKay Florence Wehopetore gatia thetamsofthele solbatpmpenycmmntinuewamobile home pars,however,the land ow.orhasmt made my commitments.Wemticipatethat RENTAL AGREEMENT E)aM1T °B" 117,ME5 ADID RD�II.ATIg15 - This is a rental agreement between SG',�J - _ - - #, ve August 1, 1997 soil Ince H«roormer and.Horizon Trailer Village - _ .. .- ' ; _ - •+rpomted, owner-of.Harizm Village Mobile Harz Park. ` - elcome _-- Forwthe benefit of--all YOU to HDRIX and hope your;stay will be long and pleasant g/le- 9£ the tenancy shall be a period of one yp -,. - _ following rules and �Oarn�� You will be required to adhere to the /// �6`f at.sn annual rental of y9" � � their' revisions as adopted with one-sixth of the rent payable.in advance and _ i - on the first day of each month, in the amount of. balance payable aonthly 1. All rents are payable Snadvanca;'.Renfs are '- ,��6iE-�f5 _ , - r by per bodroan. There will be a $25 late bas_ed�on A Maximum of,two Rent and all other charges except utilities are due in , �,� .% Y the 10th of , and.a- 25, charge i£ rents are not paid advance on the first a -�' n check is th the month 5 day of each month, Utilityturned, you may be rage for my re check.: If aa. charges are due when billed. Rent and a] oEtier -�--- '� .�.� required to pay by cashor cashier's check. charges will not be late if,,paid in full by5:00,p,m. on the both day of ____ 2, You each month. I£ rent and all other_charges are not paid by that ti,,,,the in�prwem are entsre3 to maintain Your moblle.hane, - ,. Hmeowner will be subject to a late in a neat;' clean attractive ' _ Ce and their ~ will also be payment fee o£ $23.00., Returned checks All mobile hams and inq�roe meets must,be,'well.kent cchA Rion-sand repaiY, subject to a y25.00 fee. - as necess used for ar to maintain an attractive appearance: Your spPainted,nandbeared The Homeowner also agrees to Pay a Pen-rated share of the actual cost for Y commercial activity, trash, sewer, and water. The cost Of these services to the Homeowner during'.- -- this first rental ing 3- Ps of September 1, 1988, this park officially be year is Per month in advance and people. The a e Y came a Park for older fee changes as need be, this .. - must a minimum Ominimum for Homeowners in this lark is 55 years. Cotenants The Homeowner pays for any gas and electricit used while in the Park and f 40 Year's old. Guests of all ages must be supervised Y as measured by individual' visiting behave reasonably. You must acquaint all guests and nesters. The Park will bill the Homeowner for the utilities monthly. The. _ ting children with these Rules and R utility companies establish the rates to be charged. than 20 days a Year, themust' Regulations. If a guest stays longer recrea y register in at the - tiOnal facilities must be ac e office. -Guests using park we Purchase our utilities from others and we are not responsible- - visit onl on week con4xat11ed by the child=er; can _ Y ends and Holidays.defect's in the quality of these utilities or the service pl rile-£or any the _ - - tY companies' Including the taste, color or well of water, power 9• 10 PM through 8 AM are quiet hours, 11 PM on outages, power surges, interruptions in - use of the laundry facilities by 10 PM, Loud or ° xtu OUSsCtttq�lete your service and other similar things„ - allowed in the Pack, and shall be gzounds for eviction, language is not You are responsible for making sure that your mobilehanu.and all appliances - and equipment in your mobile hone are - - el Lots rallain under control of management, All construction compatible with the electric service. electrical work, installation of air Painting, and capacity now available, and we shall have no liability or respoasibility'_ - of trees, installation of sheds conditioners, fencin di to you if the available electric supply is not management , or use of gravel must bee digging, planting Orn�patible. gement in writing prior to approved by If you want cable TV service or tele - _ rental basis must have-an awning and skirts installed He �wiwtlrs 60 day on a s yearly companies. - phc>7e,service, please contact those occupancy, only Of ---:. _ overstaffed furniture, furniture may be on the the patio. Absolutely no II. other - - This includes: Nothing may be stored underneath or around your hone. Provisions this.t -` trashcans, or my ' tools, browns, appliances, gardening e�IuIPnent, Village Rules and Regulations, and the �� are included in the Horizon',_"" --- California Mobile Home Residency Iaw; Y item which is unsightly in appearance. both of which are an integral part of this rental agreement. - - _. 6 All landscaping must be clean and attractive. rye grass weer for lawns The park will furnish his/her lot (watering , The mowner must care for the landscaping on , weeding,Hrn lawns, shrubbery, trees, etc.i. The management may charge a reasonable fee for services relating to the maintenance of ai le and the event you fail and premises upon which your hone is situated in to maintain the land Or pr-nlses in accordance with the rules andregu;.ations of the Park after written notification to you and your III. Tb SAISEY the raUxen3t of 7980 Ct the rh1i f mlia mj ije Bore Rastiary 1a, ft fullo&g infmieiiai is lam; _... 1._:,YC;.. ,., ,, x„ , N. This rental h- -- _ 1• The, land upon which Horizon Village Mobile Hone Park sits is zons3 -` parties, Hosizm 'hall t say�renewed annually with the assert of all "Mobile Hare Park".' Horizon Village is i y apply of its offer to vi¢ thie-mgn�y billing statanent following4 �tico:to annually a 1 £or the prior to , and of any change in.iental'ratea at least 90 days permits in order to continue o expiration of the rental agiseient.-Horizon is to infer that renewal a. Annual Business Licenga - Ci �of.P .. - .-. 3 days prioatS�the amiss' advised to the contrary, in writing, at least b, Annual tY alm.Springs.. .-- explratlon of the rental agreerent. c. Annual permit to cperate=a mobile hose park- City Oft PaLn v, By liven horn, permit to operate a mobile home - g yos get to us the "right of first refusal" to purchase'. park - Housing and �mml5 ity Your ssbilsbo; ',.If You receive an acceptable offer.to purchase your Development,-State of„Cali£ordng - - =bilehrne, you agree tooffer to sell the msbilehsgs to ua,m the same tends d. Annual permit to-operate swimming pools County of Riverside - and Conditions, we have two (2) business days frran receipt of Your written e. Utility meter-inspection -'County,-of Riverside. mtica to ratify you that we will buy Your mobuehare - zF we tau tom .f, Roane tax permit.-City;o£'Pa1m Springs. _ - n �1� you within-two working days, you will be free to aaxpt the=original offer I- g. Leak detection surveyq `; ,VI _ - s_ _ .- - Housing and Urban Development, United - �, r ,zca Rules anrl-Regulations are a parbof thisagreeoant and are States Government. ' .--.- l - - advised to care read_these rules, > TT 8.. ano wner-is .. .. " "EXf®IT A" before signing this agreemnt.2. The land upon which hods park sits.is awned by Beverly Patencio Diaz ;.L, Horizon Trailer Village bolds a land lease which expires.June 29 2023 Vii. You agree to c'Vly with all applioable 1a— ordinance' The land is."Indians L�nd�, and as such, is not. ect toy local,rent control r and terms of this agssa sat, the rules and regulaUss,, and all germ's � - laws. +'"- -Contained in any dscwent referred to in this Agreenent, - - - 3. The most recent California Mobile Fkme Residency Law is apart of this vilx. Please note that this is an older park, and many of our streets are uneven. Walls at your own risk. agreement, and a raspy of the law is included as "EXHIBIT A". 'me na^ebwuer'certifies that he or she has read and received copies of this' 9. It is the responsibility of management to provide and maintain physical - gr�t, EXhiblt A, and rxhibit'B, and agrees that the rules are reasonable- "�¢r` auemants. ir- U` OCIRn1Om fanilltiev in good working order and condition. them, - and that she or he will abide by th , _ fuZfM If you do to nos give a detail n'is itten'notim'tei..r respuE,ibi2ities, imrediately give us a detailed written'notice. Effective January 1, 1994, Section 798.14 of the California Civil Cede'provides, in effect, that with ._. - a facilities, equipment, and other improvements, we shall have a rea respect to a sudden or unforeseeable breakdown or deterioration of the g sonable __ - _ - _.✓ Period of timen to repair a sudde or unforeseeable breakdown or deterioration BY and bring the facilities, equipment, or other improvements�into good working order and condition after we knew or should have known.of the breakdown or deterioration. A reasonable period of time to repair a sudden or Dates YC 4-H'/ ✓✓' L (J !/ - _ . .-__- unforeseeable breakdown shall be as soon as possible in situations-affecti _ n T a health or safety condition, and shall-not exceed 30-days in any other case . , - except where exigent circumstances justify-a delay: 5. The physical improvements to be provided the Haneawner dares his - tenancy consists of the space connonly known as-• Z�7 g 6. The services provided at the time of the rental agreement, and which - - will continue to be provided are the shared use of the following: - a. Paved streets b. Water lines h. Dance halli. 'laundry area -- •:�a _ - - . _ e. Electric lines & meter J. Shuffleboard courts d. Gas lines & meter k. Large swinming pool e. Sewer lines 1. Spa pool - - - - - - - f. Recreation hall m. Trash bins - g. TV roan n. Office failure to Comply within 14 days, The written notice shall state the specific _condition to be corrected and an estimate of the Iv. This instalagreement management-if, the.services are performed charges to be imposed by ., ashal l nt say be -;sewed amorally with the consent of all by-,management or_•its agent:--If ::. *t+es. Horizon atoll advise,Fhre vneK via.,the P nthly billing stateaent You management :with aoriame abseat.ne any'reasOn-'you,need•to-notify.`-the:': - M of its offer to renew, and of wY dut{ge irw,rental ntee at least 90 days senagmient with a-Hama and Phone numbw,of.who',willibe taking.tere of- prior to expiration of the rental .- -Your':' =`:� a9rement. Horizon is to infer that renewal yard.while-you are_gone. -...., texts are acceptable unless advised to the contrary, in writing, at least .. :, 30 days prior to the expiration of the rental agrserrst. _ 7. Cars will be washed only in the designated area. 'DO not let water run V. By living here, you grant to us; the "right of first refusal" to purchase , in the street. No watering after 9 pM.' Outside misterscan oaly.be used--' _ _. your.mobileham.. If YOU receive an acceptable offer.to pmchase your when you are actually outside using them. mobilehare, You agree to offer to sell the mobilehore to.ua.on the same tglas as and oonditio . We have tiro (2) business days fxcm ieceipt�of your written- ei;8. lb clothing of any'type,'ttowels,-or,blankets may be hum in entice to notify you that we will bur Y°�m�bilehare. I#wa fail to notify_ Y g public-view. .c�. Drying areas are Provided:£or*that-'purpose. r '. C':- You within-two wcrking'daya, You will'be free�to'aceept'tha-rR1Bi$al-offer -. .a ., .. 9. Garbage must be-tvra VI. •Horizon Mules and Regulations are A partof this agreement and are - Aped.and=placed?in"dumpsters. Grass, leaves,'and - yr- -]abeled "FF:) IDIT e.". Honaewner is advised to carefully read these,nsles, clippings will be picked up.by.the Park if'.the grass,and leaves;are-in::_ ' ed "IaHIDIT A" before signing this agreeet. disposable containers.' .Branches must,be cut in maximum four--foot lengths, �,.a.,and tied in a bundle. Trash cans visible from the street will be confiscated., vII. You agree to �p1Y with allapplScable lawa,'ordinarce, gala cis Bringing trash from outside the park to dump,in the Park's din and terms of this agzeemet, the rules and regulations,and nil terms is not permitted. You are responsibleposal bins _ _ contained in any docua��t.referred to in this - - - durTsters. for-getting your trash to the -- _.- - - �1e1 - v1II. Please note that this is an older park, and many of our streets are - -"10. Drive slowly in the Park— Speeders; will,be reyuufred to.-park outside uneven. Walk at Your own risk. the park. No "Junkers' are allowed. No vehicle is permitted in the ParkThe F� certifies that he or she has read and received ocpies of this- if it is not regularly maintained in normal operating condition and is not agreaent, Exhibit A, and Exhibit B, and agrees that the rules are reasonable - neat and clean in appearance. Vehicles in the must st be operable and Major a that she or he will abide by them, - -- repairs to cars cannot be made in the Park. '. Autambiles shallr .'' - . parked in designated areas. Parking of more than one motor vehicle within:the Park.-,i» " 11a�u slam BM - - '• requires special:arrangement with management.sues GsetstF should park in the visitor's parking spaces up front. P11 streets are Fire Tares. No axe mar Path in the streets. Vehicles parked in violation of these rules are subject- to being towed at the owner's expense. - - 11. Swimming pool rules and regulations are posted in the swimming area.Only swimsuits are allowed in the pool. Please wash off any oils or suntan <- Date: - lotions before entering the pool. persons who appear to be under the influence will will be asked to leave the pool ar Own risk. ea. Use the.pcols„only at your - 12. Dogs are cot allowed in the Park at any time. Avoid ®ba.-,ate y�. having Your Visitors mauve other arraug®aats for their dogs: :. sm�xt - - - - - 13.- Homeowners may have a maximum of two cats that have been spayed or neutered. Cats must be carried when outside your coach. Cats are not allowed to run loose in the Park and any pet found running loose in the Park nay -be impounded and taken to Animal Control at your expense. Feeding stray cats is Mt allowed. 111.E To��y the m =jArerert of 79B.27 cE the Ci friJ broils More Rey Law, dte follad rg infim edzim 19 jauv�ca.. Y� - 14. One small "for sale" sign'tray..be placed on or,in your home. A space,: �:.:. I 1. The land upon which Horizon Village Mobile Hare Park sits is zoned cannot be transferred without written approval of management.- Management.--,,, "Mobile"Mobile Hote Park". Horizon Village is required to annually apply for the has the right to, require that certain hares be.re moved froa,the Park upm';,p_.,._;: following permits in order to continue operation: sale. If you anticipate selling, check with management for.prncedure.... -.State: . ;.. . law provides that you must give managerent 60 days written notice if you a. Annual Business License - City of4alm-Springs, Plan to_have Your.home.removed,from the Park:._:You may sublease only.with ; b. Annual permit to operate'-a mobile home park - City of Palm Springs., the written approval of management,, and you will continue to be held"liable.; .•: I c. Annual permit to operate a mobile hane park - Housing and Camnudty [ for the terms of the lease. - 6 - Development, State of,Californian'. `T In case of,conflict between these rules and F�1 , d. Annual permit to operafs swimnlxtg pools' - County of Riversi_d_e -- _ `-Yaws these rules are hereby *n]ed to ozm with th_ State, or icral e. Utility meter inspection - County of Riverside. w S�,gw. - j ;�£. Room tax permit - City of'Palm Springs., _, 16. You agree to indemnify us for all liability, damages, injury, loss,...'•- g. leak detection survey - Housing and Urban Development, United j States Government. debts, suits,- actions, claims, demands, causes of:action, judgments;'andti,,;c.:.` - --— .,, expeatses, including the provision of a defense, attorney's fees,.-and costs„=- 2. The land upon which this park sits is awned by Beverly Patencio Diaz:. resulting from your or your guests negligent, willful or intentional conduct.- Horizon Trailer Village holds a land lease which expires,June 29, 2023. . .. of the maintenance, or lack thereof, of your mobiiehpna, spaced vehicle(6),ii-. : The land is "Indian land" and as such, is not su .to'local.rent control � . . ,-.., eIPnenVProperty, inprovements, or all of them, including your.failurw- --, ._ laws. - . to follow these rules. _ 3. The trost recent California Mobile Hans Residency law is a part of this 17. All--;i"- ilehares must be licensed as required by law, and a copy of your,, agreement, and a copy of the law is included as "EXHIBIT A". - aurent rq)jstration must be in your file at Horizon. " j4. It is the responsibility of management to provide and maintain physical te. h iciness hours for the Park Office are posted. The Park Office . I i�=ems• in the�I(n. faciUties in good working order and condition. telephone one i=g-for business and emergency use only. . Except in an emergency; If you do not believe H-Ttzcn is firdfMl g"t1'tetr zespaxsibIltues, Please do not telephone or contact us or Park Management except during_normal.: I imtediatel y give us a detailed written notice. Effective January 1, 1994, business hours. Except in an emergency, all complaints and suggestions nidst=- I Section 798.14 of the California Civil Code provides, in effect, that with be in wri q and signed by You, - I respect to a sudden or unforeseeable breakdown or deterioration of the - I haver the abpve'T11YQ ,,.ao,zrA.a - --al i facilities, equipment, and other improvements, we shall have a reasonable r then and agree to coaply with them: cc period of time to repair a sudden or unforeseeable breakdown or deterioration - Mty signat¢e 3a evidence that I have received a copy of these rules. and bring the facilities, equipment, or other improvements into good working - - order and condition after we know or should have known of the breakdown or " - deterioration. A reasonable period of time to repair a sudden or 6 unforeseeable breakdown shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case _' - - - - except where exigent circumstances justify a delay: - ''jj1� I� X DATE: ,Pe C E.n Lj-i I 2 C9 a 5. The physical improvements to be provided the Homeowner during his tenancy consists of the space camionly known as -- - 6. The services provided at the time of the rental agreement, and which - will continue to be provided are the shared use of the following: a. Paved streets h. Dance ball Friends, we„think we have the nicest, friendliest Park with the best location' b. Water lines i. Laundry area in Palm firings, Your courtesy and cooperation will help us all to enjoy,:--, c. Electric lines & meter J. Shuffleboard courts this bea_iful spot on earth, Thank you. d. Gas lines & meter k. Lame swinnino pool - _ e. Sewer lines 1. Spa pool - - f. Racreation ball m. Trash bins g. TV roan n. Office ± Realist Page 1 0t t A SERVICE FROM REAL ESTATE SOLUTIONS1° l-loriYon Village Mobile Home Park Property Details For Property Located At 3575 E.Palm Canyon 64 - 3575 E Palm Canyon Dr - Palm Phone Springs,760) 28 3730 Palm Springs, CA 92264-4909 Fax(760)T70-3114 Riverside County Fax 7760)770 3114 Owner Info: Owner Name: _ Horizon Trailer Village Inc Tax Billing Zip+4: 4909 Tax Billing Address: 3575 E Palm Canyon Or Annual Tax: $34,409 Tax Billing City&State: Palm Springs,CA County Use Code: Mobile Home Park May 30,2006 Tax Billing Zip: 92264 Universal Land Use: Mobile Home Park ' j"��� Location Info: Zoning: Rtp School District: Palm Springs Unit Panel Date: 06/18/1995 Map Page/Grid: 786-J5 Flood Zone Panel: 0607630008C Census Tract: 105.00 Flood Zone Code: B Carrier Route: C039 Tax Info: _..___—_,_ ._ - _ APN: 009-602-887 Improved Assessment: $262,031 Dear Resident AR APN: 681-070-013 Total Assessment: $861,780 Tax Year. 2005 %Improv: 30% Annual Tax: $34,409 Tax Area: 11003 In accordance with California Civil Code Section 798.30 and your rental agreement,you are Assessment Year. 2005 Legal Description: 14.46 Acres MIL In Par Nw hereby given a`Ninety Day Notice:of an increase in rent. Effective September 1,2006 your 114 Of Sec 30 T4s R5e For base rent will increase as follows: Total Description See Assessors Maps Land Assessment: $599,749 CURRENT RATE: $300.00 Characteristics: Lol Acres: 14-46 Lot Sci Ft: 629877.6 Last Market Sale: INCREASE°h N/A Owner Name. Horizon Trailer Village Inc INCREASEAMOUNT $140.00 NEW RENT $440.00- -- -- - - The data within this report is compiled by Rea American Real Estate Solutions from public and private sources It,fesued,verify the accuse,of this data with the county or municipality. I I - -- we.believa-ih"is-is a-fair-hersEse that 01 allowas to-c�Dtinc-e-te-impreao-Aheappearancz----- and operation of the Community. Thank you for your confinuing residency,and we took',Gvard to working with you in the future. 8iwerehy, Management http://realist2.firstamres.com/propertydetailisp 6/5/2006 i J, .1 . MobileHPo� �LA Gt 3175EeBndRV park �60.328-373 �C 0 'am � Dpprnbs, CAycw T ss - 770.3114 fax 11IE,S�, � Q30 NUS513,000. '83 OR SAL r�T7 © z v w 41 ATI3 CALL p 1'IrKON PARX MOD - #49 hq $22 Wr1ER POR DETAXS 32-3' O BEDROO 799.s492. 000, ONI B 3823 v y Po EDROOr,1 j U L a #52 N ARS Q BAx11 CALL O U CALL 0 cq 880_0627 OOP ONgB WNER C53 N1ARS$18,900. ATFL FUR�SHED- ALL 202 9992 OR 32$�BRDROO 55O $34,000. O 3730. diVEB KEYSprpCE pM CALL p BEDgpp O B WNBR. 3 8° #135 C'ENU$'-$20 28'6644. ATH. KEYS INOFFIC$'C L�vo830ROOMOrIEB a v � S SPACE RENT iS$49 ATFr. P[1$NrS1�D _ V x:%s' rye rc x E F PI ase b 5.00 r $40.001 OR WATER µ `y4 .x _ —=_s Y e m z fast dv sad that R SEWAOE needs to et °Re who sto b the clearance chases out. rt oilSce and ntr tom he offca. forrenfs a om rt ( = o - usually t duc L ou m our C! j�not. des us le s oiasalf. p ck d ometl n ar than 24 to know if u a lie lion ou l ke z, - - ou hav b an¢films o H:x>w roved or Y. �> FINANCIAL ASSISTANCE PROGRAM APPLICATON FLANCIAL ASSISTANCE APPLICATION DATE OF APPLICATION. INSTRUCTIONS: Please complete and return this application.All forma must be completed in NAME OF PERSONNI)KING APPLICATION: full.Do not leave any blanks. ADDRESS'(STREET,CITY,ZIP): PARK NAME: SPACE#: PHONE: Mail application and worksheet to: DATE OF BIRTH: SOCIAL SECURITY NUMBER: �, Horizon Mobile Village � u� DRIVERS LICENSE NUMBER: C/O Laguna Asset Management - P.O.Box 7655 MARITAL STATUS: HOW LONG LIVED IN THE PARK: Laguna Niguel,CA92607 iG.:\,: NAMES OF ALL PERMANENT HOUSEHOLD MEMBERS OTHER THAN YOURSELF: ' --T- -- -_ - - — -AGREEMENT AND CERTIFICATION Name Relationship to Applicant Age 1. The undersigned certifies that the information provided is coned to the best of my - knowledge.I understand that the inclusion of any false information on this form constitutes grounds for rejection of this application.I also understand that by signing this form I authorize HAVE YOU EVER FILED BANKRUPTCY? IF YES,WHEN? the release of financial information bymy employer,the financial institutions,and other sources named in this application form.This form may be photocopied and utilized as my consent to ARE YOU IN GOOD HEALTH? IS CO-APPLICANT IN GOOD HEALTH?_ release credit,residency,tenancy,or employment information. ARE YOU RETIIMD? ARE YOU CAPABLE OF PART-T RYIE WORK? 2. The undersigned agrees to submit a statement within fifteen(15)days after any material change in the undersigned's financial condition. IS CO-APPLICANT CAPABLE OF PART-TIME WORK? DO YOU RECEIVE ANY INCOME OR RENT SUBSIDES FROM ANY SOURCE? 3. It is understood and agreed that any financial assistance is personal to the undersigned EXPLAIN: and is nontransferable.Further,the undersigned agrees'that any decision to provide assistance is solely within the discretion of the Park Owner.Assistance will be granted only if all other IF YOU HAVE A DISABILITY,PLEASE DESCRIBE: alternatives have been exhausted,and may be terminated at any time with or without cause by ` the Park Owner. - YEAR,MAKE AND MODEL OF MOBH,EHOME: WIDTH LENGTH LICENSE NUMBER Signature of Applicant Date DO YOU OWN THE MOBILEHOME7 IF IT IS BEING FINANCED,ANSWER THE FOLLOWING: NAME OF LEGAL OWNER: PHONE: SiP atme Of Applicant Date AMOUNT OF MONTHLY PAYMENT: BALANCE OWED: i 2 FINANCIAL ASSISTANCE APPLICATION CONT'D FINANCIAL ASSISTANCE APPLICATION CONT'D CURRENT MONTHLY SPACE RENT PAYMENT:$ DATE OF LAST RENT INCREASE A_MOUh1T OF INCREASE RELATIVES: LIST ANY UTILITIES INCLUDED IN RENT Provide information about all relatives,Particularly sons and daughters. AGE: DO YOU HAVE A LONG TERM LEASE(MORE THAN I NAME: YEAR.)?YES RELATIONSHIP:NO ADDRESS: CITY: STATE: zip: IF YES,WHAT LENGTH OF TIME IS REMAINING ON THE LEASB? TELEPHONE: EMPLOYER:' POSITION: YRS/MOS:- WHEN IS YOUR NEXT RENT INCREASE?! NAME: RELATIONSHIP: AGE: WHERE DID YOU LIVE PRIORTO YOUR CURRENT RESIDENCE? ADDRESS: CITY: STATE: ZIP: TELEPHONE: EMPLOYER: POSITION: Location/Address RenNOwn ? -Dates(how long?) � NAME: RELATIONSHIP: AGE: ADDRESS: CITY: STATE: ZIP: TELEPHONE: EMPLOYER POSITION. NUMBER OF AUTOMOBILES: RV'S,BOATS: NAME: RELATIONSHIP: AGE: MAKE MODEL YEAR" LICENSE ADDRESS: CITY: STATE: ZIP: MO.PAYMENT_ TELEPHONE: EMPLOYER: POSITION: MAKE MODEL YEAR LICENSE MO.PAYMENT EMPLOYER: ADDRESS: FINANCIAL ACCOUNTS—Please list all accounts with financial institutions and specify TELEPHONE O. - whether they are checking,savings(including certificates),or individual retirement accounts. Mot.# Type of Acct. Name of rymentBalance Avuage Balance,LENGTH OF EMPLOYMENT; POSITION: Institution GROSS MONTHLY WAGE; NAME OF SUPERVISOR: CO-APPLICANT'S EMPLOYER: ADDRESS: TELEPHONE N0. LIST ALL CREDIT CARDS,ACCOUNT NUMBER: LENGTH OF EMPLOYMENT: POSITION; GROSS MONTHLY WAGE: NAME OF SUPERVISOR: I 3 I 4 FINANCIAL ASSISTANCE APPLICATION CONT'D FINANCIAL ASSITANCE APPLICATION CONT'D INCOME: Please list ALL sources ofincome for the 12 months prior to this application OTHER ASSETS(exclude clothing,furniture,household appliances) - - ASSET VALUE LIABILITY (amount owed). - MONTHLY YEARLY Mobile Home(resident's primaryplace of residence only) $ S " I. Sahry.wages,tips,conm»esiona,etc.(mchaling avy cash bowses) $ 2. laterestonbaaksavings and odtersocouod Other Real Estate(include any other homes owed) $ $ _ S S 3. Stock dividends,bond interest,etc, S $ - Personal Property Qewehy,collections,works of art,etc.) S $ - 4. Winnings fromgambling,contests,ate. S S Stocks,Bonds,Life Insurance 5. Odb of cash S S ' - Other mats(specify) S S - S 6. From children or otherrelativea TOTALt S 7 Social Security Benefib � $ S ' '- ADJUSTMENTS TO INCOME—UMIMMURSED EXPENSES ONLY _ . - 8. S.S.L S S TYPE OF EXPENSE AMOUNT 9, Pensioul enefib - S S - - MedicaMental $ to. Workers'Compemationorod=diaabflitybene to $ $ - Casualty of theft loss S 11. Unemploymentiamilts $ $- - _ Odter(Please specify—only unusual one-time costs are allowed to be deductedfrom the income 12. Aid to dcpendent children,welfare,and similarpaymeats $ $ calculations;these cost must bear some relationship to the health and safety of the applicant m the -. applicant's household: 13, Alimony,child support,and spoil payments S $ . S 14. Payment from an Individual Retirement Account S $ TOTAL: $ - 15. Income from ranting or leasing any real or personal property S $ HOUSING EXPENSES(please provide this information for the prior 12 months)MO Y YEARLY - - 16. Nominal(face)value of food stamps or otheria-kind aid received, less amount paid in cash for receipt of such aid $ $ $_ Space Rent(to be verified with manager) $�_ 17, Compensation(insurance award,medical benefits,court awards,etc.) Mortgage Payments $ $— in excess of expenses incurred.DO NOT include insurance claims - received to cover losses or medical expenses actually incurred S S Utilities not included in space rent IS. Other income(please list) $ $ - (Do not include payments for telephone services) $ $— - Property taxes,vehicle taxes,licensing fees $�_ $— - TOTAL GROSS INCOME Auto Loan $ $— - Other Loans(specify) Food Transportation $ $_ 5 6 FINANCIAL ASSITANCE APPLICATION CONT'D FINANCIAL ASSISTANCE PROGRAM APPLICATON Cluthmg $ 9 INSTRUCTIONS: Please`domplete and return this application.All forms must be completed in _ TOTAL $ full.Do not leave anyblanks. Mail application and worksheet to: Horizon Mobile Village CIO Laguna Asset Management P.O.Box 7655 Laguna Niguel,CA 92607 R 1 AGREEMENT AND CERTIFICATION 1. The undersigned certifies that the information provided is correct to the best of my knowledge.I understand that the inclusion of any false information on this form constitutes - grounds for rejection of this application.I also understand that by signing this form I authorize the release of financial information by my employer,the financial institutions,and other sources _ named in this application form.This form may be photocopied and utilized as my consent to release credit,residency,tenancy,or employment information. - 2. The undersigned agrees to submit a statement within fifteen(15)days after any material - change in the undersigned's financial condition. - 3. It is understood and agreed that any financial assistance is personal to the undersigned and is nontransferable.Further,the undersigned agrees'that any decision to provide assistance is solely within the discretion of the Park Owner.Assistance will be granted only if all other _ alternatives have been exhausted,and may be terminated at any time with or without cause by the Park Owner. .. Signature of Applicant Date Signature of Applicant Date 7 1 TARIFF REPORT:ANY LIST OR SCALE OF PRICES,CHARGES, CERTIFICATION 6 LICENSING IF YOU HAVE QUESTIONS SS 198(Lowenthal)—Mobilehome Installation Certification Standards: Federal law requires that Call SCE's Helpline by the end of 2005 the federal Department of Housing&Urban Development(HUD)establish at 1-800-447-6620 and implement a program of installation standards,installation inspections,and installation 24 hours a day. =" training and certification for manufactured housing in states in which no such programs exist or TTY 1-80G-352-8580 f-' _ which have lesser standards for these programs,including licensing,training and certification of installers of such homes. The state Department of Housing and Community Development(HCD) establishes and regulates standards for the installation of mobilehomes and manufactured homes,which dre more stringent than proposed federal standards but does not have training or certification for installers. Assistance For Low-lucome - This proposal would require HCD to establish a program for certification and training of installers,in addition to current state contractor licensure requirements,and prohibit a person from acting as a contractor for the installation of such homes without certification by HCD. Status: Vetoed the Governor. CARE Rate Discount Program - AB 1469(NeereteMcLeod)—Park Manaeer Licensing: Currently,mobilehome park managers are not required to be certified or licensed by the state. In recent years,homeowner groups Save with the California Alternate Rates for Energy have pointed to a number of incidents of manager abuse or incompetence. rgy(CARE))Program.t' This bill requires HCD to establish a mobilehome park licensing and certification program, including a task force of park industry,homeowner and enforcement agency representatives to The CARE Program offers income-qualified customers a 200%discoum off their monthly bitis.Enrolled customers recommend standards for certification and testing for managers of parks with 50 or more spaces. are also exempt from the 2001 mte increases ordered by the California Public Utilities Commission.To qualify, Park managers would have to be certified by January 1,2007 and after that date verification customers must meet program income guidelines.Email os or Call 1-800-147-6620 if you have any questions. would be required upon a park's renewal of its permit to operate. The bill also increases the fee fora park's permit to operate by$75 to fund this program. Status:Pending in Assembly Housing Committee,2-yearbill. Southern California Edison's Income-Qualifying Rate Programs •California Alternate Rates for Energy(CARE)provides a 20%or more discount on California Mobileflome Resource and Action Association your electric bill— every month for income qualified customers. hp://pages.prodigy.oeumaryaons[eidcmraa/legslatioahtml •Family Electric Rate Assistance(FERA)program offers a discount to qualified households of 3 or more that exceed their baseline electricity usage by 30%or more. Information and Application for Submetered Tenants TENANTS —read this information. If you qualify,complete application and mail.Your property owner/manager must complete the section on the back. To qualify for a rate discount through the property owner or manager, _ submetered tenants must meet these qualifications: •You do not receive an electric bill from Southern California Edison.Submetered tenants receive electric service and bill from their property owner or manager. •Your household size and income cannot exceed the guidelines in the above chart. C%AR.©L f}NN N�Lso}J City Council Agenda CITY COUNCIL June Page 7 2006 7 COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION: 1) Adopt Minute Order No. Approving Amendment No. 1 to Agreement No. A5289 with Aeolian Solutions for CITY OF PALM SPRINGS, CALIFORNIA grading and dust inspection services through September 22, 2006, for an Council Chamber,3200 East Tahqu'Itz Canyon Way,Palm Springs,California 92262 additional amount of $28,800, total contract amount not to exceed www.ci.palm-sorinas.ca.us $38,400, with three four-week extension options at stairs discretion; and AGENDA s, - <, 2) Authorize the City Manager to execute all necessary documents.. �,4 A5289. -----2)F BATTING CAGESICONCESSION LEASE AT DEMUTH PARK: June 21 2006 4:30 PM CLOSED SESSION RECOMMENDATION: 1) Adopt Minute Order No. Authorizing the 6:00 PM REGULAR MEETING City Manager to negotiate a lease agreement with Palm Springs Batting Range,LLP for the operation of the batting cages and concession located at fields#7 and #8 in DeMuth Park; and 2)Authorize the City Manager to execute all necessary documents. A Ron Oden,Mayor _Ginny Foat,Mayor Pro Tern 2.L. AUTHORIZE TRANSFER OF FUNDS FOR CONVENTION CENTER Mike McCulloch,Councilmember KITCHEN REMODEL TO CAPITAL IMPROVEMENT FUND: Chris Mills,Councilmember RECOMMENDATION: Adopt Resolution No. . "A RESOLUTION Steve Pougnet,Councilmember OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, city of Palm Springs Vision statement Palm springs aspires to be a unique world class desert i CALIFORNIA,AMENDING THE BUDGET FOR FISCAL YEAR 2005-06." community, where residents and visitors enjoy our high quality of life and a relaxing experience. We desire to balance our cultural and historical resources with responsible,sustainable economic growth and 2.M. FILING OF NUISANCE ABATEMENT PROCEEDINGS AND to enhance our natural desert beauty. We am committed to providing responsive,friendly and efficient ACCOUNTING REPORTS FOR 12 PUBLIC NUISANCES: - customerserviceinanenvironmentthatfostersunityamongallourcitizens. RECOMMENDATION: 1) Receive and file the proceedings and accounting reports for the abatement of 12 public nuisances located David H.Ready,Esq.,City Manager throughout the City; and 2) Direct the City Clerk to set the public hearing James Thompson,City Clerk for July 19,2006. Douglas C.Holland,City Attorney Craig Graves,City Treasurer Troy Butzlaff,Assistant City Manager Thomas Wilson,Assistant City Manager 2.N. AMENDMENT NO. 3 OF AGREEMENT NO. A3469 WITH ARNOLD PALMER MANAGEMENT LLC, FOR GOLF COURSE MANAGEMENT Any person who wishes to speak regarding an item on the agenda or on a subject within the CiWs SERVICES AT TAHQUITZ CREEK GOLF RESORT: jurisdiction during the'Public Comments'-portion of the agenda must file a'Speaker Card'with the City RECOMMENDATION: 1) Adopt 'Minute Order No. _, Approving Clerk BEFORE that portion of the agenda is called: Although the City Council/Community Redevelopment Agency members values your comments,pursuant to the Brown Act,it generally cannot Amendment No. 3 to Agreement No. A3469 with Arnold Palmer take any action on items not listed on the posted agenda. Management, LLC extending the term for a period of six months through Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to December 31,2006,with one,six-month extension. A3469. speak at a Public Hearing must file a"Speaker Card"with the City Clerk BEFORE the Public Hearing is called. EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for Complete City Council Agenda Packets are available for public inspection at City Hall Office of the City Clerk,Palm separate discussion are considered at this time. Springs Library and the Palm Springs Police Station. Agenda and staff reports are available on the City's webslte - www.ci.oalm-sindus.cams. If you would like additional information on any item appearing on this agenda,please 3. LEGISLATIVE: contact the Office of the City Clerk at(760)323-8204. Please note,any agenda item which has not been initiated by 10.00P.M.may be continued to a subsequent meeting. - 3.A. AN INTERIM URGENCY ORDINANCE PROHIBITING MOBILE HOME City Council meetings are webcast live on the City's website wwwc'oalm-sanngs.ca.us and cablecast live on PSCTV PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FORA Channel 17. Meetings are re-broadcast(following the meeting)on Thursdays(8:00 P.M.,Saturday at 1:30 P.M.and PERIOD OF 45 DAYS PENDNG THE COMPLETION OF A STUDY OF Tuesdayai7:00 PhL i THE EFFECTS OF THE CONVERSION OF MOBILE HOME PARKS It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act(ADA)in all respects. WITHIN THE CITY OF PALM SPRINGS AND THE ADOPTION OF ANY If,as an attendee or a participant at this meeting,or in meetings on a regular basis,you will need special assistance AND ALL AMENDMENTS TO THE CITY'S MOBILE HOME beyond what is normally provided,the City wil attempt to accanmodate you in every reasonable manner. Pease contact Phil Kaplan,323-8219,at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. ,. City Council Agenda N ' June 2UN6 City Council Agenda Page Page a CONVERSION REGULATIONS AND RELATED LAND US CONVERSION REGULATIONS AND RELATED LAND USE REGULATIONS: REGULATIONS: (RECOMMENDATION: 1) Waive reading of the Ordinance text and adopt RECOMMENDATION: 1) Waive reading of the Ordinance text and adopt kg by title only; and 2)Adopt Ordinance No, 'AN INTERIM,URGENCY by title only; and 2)Adopt Ordinance No. "AN INTERIM URGENCY r ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, o ORDINANCE: OF THE CITY OF PALM SPRINGS, CALIFORNIA, -,.,,,-' PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE PROHIBITING MOBILE HOME PARK CONVERSIONS WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE `, 'CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF THE EFFECTS'OF THE CONVERSION ' , COMPLETION OF A STUDY OF THE EFFECTS OF THE CONVERSION ' OF MOBILE HOME PARKS WITHIN THE CITY OF PALM SPRINGS AND OF MOBILE HOME PARKS WITHIN THE CITY OF PALM SPRINGS AND THE ADOPTION OF ANY AND ALL AMENDMENTS THE CIAND ' THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITYS MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND +=U IONS" MOBILE HOME CONVERSION REGULATIONS AND RELATED LAND T - }_ USE REGULATIONS' 4. UNFINISHED BUSINESS:" 4. UNFINISHED BUSINESS: 4.A SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD 4.A. SUSPEND CERTAIN PARKING RESTRICTIONS FOR THE PERIOD JULY 1, 2006, THROUGH DECEMBER.31, 2006, OR JUNE 30, 2007,_ JULY 1, 2006, THROUGH DECEMBER 31, 2006, OR JUNE 30, 2007, STRUCTURE: FOR DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING FOR DOWNTOWN CITY-OWNED PARKING LOTS AND PARKING RECOMMENDATION: Adopt Resolution Na. q RESOLUTION STRUCTURE: RECOMMENDATION: Adopt Resolution No. _, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, = OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING TIME LIMITS ON PARKING OF MOTOR. CALIFORNIA, SUSPENDING TIME LIMITS ON PARKING OF MOTOR VEHICLES CITY OWNED PARKING LOTS IN THE CITY BETWEEN VEHICLES ON CITY OWNED PARKING LOTS IN THE CITY BETWEEN JULY 1,20066,,AND DECEMBER 31,2006,OR.JUNE 30,2007.' JULY 1,2006,AND DECEMBER 31,2006,OR JUNE 30,20D7.- 5. NEW BUSINESS: S. NEW BUSINESS: 5.A WASTEWATER SERVICES AGREEMENT WITH VEOLIA WATER NORTH AMERICA-WEST,LLC: 5JL WASTEWATER SERVICES AGREEMENT WITH VEOLIA WATER RECOMMENDATION., 1)Adopt a Minute Order No._, Approving, in NORTH AMERICA-WEST,LLC: a form acceptable to the City Attorney, an Amended and Restated RECOMMENDATION: 1)Adopt a Minute Order No. Approving, in Wastewater Services Agreement with Veolia Water North America-West, a form acceptable to the City Attorney, an Amended and .Restated LLC. (formerly US Filter Operating Services Incorporated) for the Wastewater Services Agreement with Veolia Water North Amerca-West; operations and maintenance of the City's Wastewater Treatment Plan and LLC. (formerly US Filter Operating Services Incorporated) for the related collection system;and 2)Authorize the City Manager to execute all operations and maintenance of the City s Wastewater Treatment Plan and documents necessary to effectuate this action. Amendment No. 7 of related collection system;and 2)Authorize the City Manager to execute all Agreement No.A4123. documents necessary to effectuate this action. Amendment No. 7 of Agreement No.A4123. 5.8. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO ADDRESS ACTIVITIES AT THE PALM SPRINGS AIR MUSEUM: 5.13. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO ADDRESS_ RECOMMENDATION: Appoint two-members of the City Council to a ACTIVITIES AT THE PALM SPRINGS AIR MUSEUM: subcommittee to address activities at the Palm Springs Air Museum. RECOMMENDATION: Appoint two-members of the City Council to a subcommittee to address activities at the Palm Springs Air Museum. 5.C. APPOINT A MEMBER OF THE CITY COUNCIL TO THE RIVERSIDE COUNTY CHILD SAFETY COMMISSION: 5.C. APPOINT A MEMBER OF THE CITY COUNCIL TO THE RIVERSIDE COUNTY CHILD SAFETY COMMISSION: RECOMMENDATION: Appoint one member of the City Council to the RECOMMENDATION: Appoint one member of the City Council to the Riverside County Child Safety Commission. Riverside County Child Safety Commission. www.ZabaSearch.com1ZabaWeb - Background Check ARMANDO G DIAZ More Information 500 SAN RAFAEL DR RecmaeE:oan512003 PALM SPRINGS,CA 92262 County www.ZabaSearch.comfZabaWeb - Background Check - - ANDY J DIAZ More Information 525 COTTONWOOD RD Reca d d Unl. PALM SPRINGS,CA 92262 County www.ZabaSearch.comfZabaWeb- Background Check ANDY J DI/yp More Information 525 COTTONWOOD RD Recoraed tatsrrom PALM SPRINGS,CA 92262 County (760)864.9834 www.ZabaSearch.cam/ZabaWab . Badmround Check - ALAN M DIAZ own vw More Information 575ESCUELAVIIH Rewraexo3r2Q= PALM SPRINGS,CA 92262 county - www.ZabsSeamh.comlZabaweb - Background Check �v v. ALANM DIAZ am, asa &reInformaton 575 VIA ESCUELA Remrde3 oena+mos 6 ;I �' - PALM SPRING$CA 92262 County - -- www.ZabaSearch.comlZabaWeb - Baticg_____ ,n ARTHUR W DIAZ Mare Information 72D DESERT WAY R dg& Q3r2M -e'J PALM SPRINGS,CA 922k1 County www.ZabaSearch.com/ZabaWeb - Back round Chec ALEXANDER DIAZ More Informaton 810 SUNNY DUNES RD Rewrtle3 Ulm - PALM SPRINGS,CA 22264 County (760)864-1467 www.ZabaSearch.comfZabaWeb - Background Check ANDREW DIAZ More Information 295 SUNRISE WAY Resrded ouotaoos f PALM SPRINGS,CA 92262 County (760)327-3439 www.ZabaSearch.com/ZabaWeb - BacLmround Check Can't find ARTHURWALTER DIAZ? Premium Listing TRY THIS DATABASE Background Check on ARTHURWALTER DIAZ Premium Listing i w .lnteltus.com 20 Year Histary Search M Phone Number Search by social Security Number Complete Background Check Search Any Full Name: arthurwalter diaz