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Cindy Berardi
From: Brett Adams [badams@pointcenter.com]
Sent: Tuesday, April 28, 2009 11:38 AM
To: Don Duckworth; cityclerk@palmsprings-ca.gov
Subject: Please correct address-see attachments
Gentlemen,
We are not getting mail in a timely manner. Please note our correct mailing address. This message sent by email and U.S. mail.
See attachments
Thank you,
Brett B. Adams
Underwriter
Point Center Financial, Inc.
7 Argonaut
Aliso Viejo, CA 92656
800-544-8800 ext. 6291
Direct Phone/Fax: 949-275-6291
badams @ p o i ntcenter.com
www.pointcenter.corn
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°q`,FORH'P. City Council Staff Report
DATE: April 15, 2009 PUBLIC HEARING
SUBJECT: HEARING ON STATEMENT OF EXPENSES AND SPECIAL
ASSESSMENT FOR NUISANCE ABATEMENT AT THE PROPERTY
LOCATED AT 2500 WHITEWATER CLUB DRIVE
FROM: David H. Ready, City Manager
BY: Building and Safety Department
SUMMARY:
On July 25, 2008 the City obtained Abatement Warrant No. ISW 7183 whereby the
Court authorized the City of Palm Springs to enter the property located at 2500
Whitewater Club Drive and abate all nuisances existing thereon. The Abatement
Warrant also authorized the City to recover all costs incurred by the City by use of lien
or special assessment. Pursuant to the Abatement Warrant, City staff is submitting the
report of proceedings and accounting for all costs incurred by the City in obtaining the
abatement of the nuisance and substandard conditions at the Property. By adopting
the resolution, the City Council will authorize City staff to process the filing of the
resolution reports to allow for a special assessment to be placed on the property's tax
rolls for monies owed to the City.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt RESOLUTION NO. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC
NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT LOCATED AT
2500 WHITEWATER CLUB DRIVE."
Page 1 of 3
6,886, 1
ITEM NO. A
BACKGROUND AND ANALYSIS!
During the time period from November 9, 2006, through January 2, 2008, City of Palm
Springs Code Enforcement Officers conducted multiple site inspections of the properly
located at 2500 Whitewater Club Drive. During this time, Code Enforcement Officers
noted the lack of irrigation, brown grass, dying plants, trees, and other vegetation, as
swell as an accumulation of trash and debris, homeless encampments, graffiti, dry and
brittle trees, fallen trees, evidence of gang meetings and activities, vandalized
buildings, exposed wires, and fencing in disrepair.
On January 2, 2008, Officer Bowman issued a Notice of Violation and Order to Abate
to Burnett Development. This Notice ordered Burnett Development to correct and
abate all public nuisances and violations on the.property.
On January 10, 2008, the City learned that Pointe Center Financial had initiated
foreclosure proceedings against Burnett Development and that the property had been
sold in a Trustee's Sale to National Financial Lending and other investors.
On January 14, 2008, Officer Bowman caused the Notion of Violation to be recorded at
the County of Riverside Assessor's office.
On February 11, 2008, Officer Bowman issued a Notice of Violation and Order to Abate
to National FinanciaV Lending.
On April 30, 2008, Officer Bowman issued an Administrative Citation to National
Financial Lending and Pointe Center.
By June 2, 2008, Officer Bowman performed an additional site inspection and noted
that none of the violations had been abated. Despite the Administrative Citations
issued, and the Notices of Violation, Pointe Center Financial, National Financial
Lending, and the additional investors failed to bring the property into compliance.
During the summer of 2008, the dry conditions and the lack of irrigation caused several
of the trees on the property to uproot. The fire hazard concerns as well as the ongoing
violations prompted the City to apply to the Riverside County Superior Court for the
issuance of an Abatement Warrant to authorize the City to enter onto the property and
abate the nuisances and substandard conditions that existed thereon.
On July 25, 2008, the Honorable Randall D. White, Judge of the Superior Court,
reviewed the City's Application and all legal documents submitted in support thereof,
and issued Abatement Warrant No. ISW 7183 which directed the City and its
contractors to enter onto the property and abate the nuisances and substandard
conditions thereon, following at least 24 hours notice of the issuance of the Abatement
Warrant. That same afternoon, City staff posted a Notice of Issuance of the Abatement
Warrant on the property.
Page 2 of 3
61SS61 I
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On and between July 28, 2008, and September 25, 2008, City staff and City
contractors abated the nuisances and substandard conditions found to exist on the
property_ This included provided water to the trees and vegetation, removal of graffiti
and securing the property from trespass.
On October 29, 2008, the City staff filed with the Riverside County Superior Court, the
return to Abatement Warrant No. ISW 7183_
Pursuant to Division 13, Part 1.5 of the Health & Safety Code, Title 4, Division 3, Part
2, Chapter 10, Article 6 of the Government Code and California Code of Regulations,
Title 25, Chapter 1, Subchapter 1, of the State Code of California, and pursuant to Title
11, Chapter 72 of the Palm Springs Municipal Code the City is entitled to collect all
costs and expenses, including attorney's fees, incurred by the City in obtaining the
abatement of the substance of the nuisances found at the property. The approval of
this Resolution will place a special assessment against the property and allow the City
to collect its costs and expenses incurred.
FISCAL ANALYSIS:
The City has already paid the bills incurred for this abatement. These bills include City
Attorney fees, abatement contractor costs, and staff time. If recovered by special
assessment liens through the tax rolls, $60,443.00 can be returned to the General
Fund.
Don Duckworth, Director of Thomas J ilson
Building & Safety Assistant City Manager
David M. Ready
City Manager
Attachments:[Proposed] Resolution
[Proposed] Notice of Lien
Proceedings and Accounting Report for Public Nuisance Abatement
Page 3 of 3
G2N8G3 �
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING
THE. REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC
NUISANCE ABATEMENT LIEN AND SPECIAT ASSESSMENT LOCATED
AT 2500 WHITEWATER CLUB DRIVE.
WHEREAS, from November 2006 through July 2008,the Code Enforcement Department of the
City of Palm Springs conducted numerous site inspections, issued notices of violation and
administrative citations resulting from the public nuisances found to exist on the property
described as 2500 Whitewater Club Drive, Palm Springs, California, notifying the owners to
abate the public nuisances within 30 days of the citation and/or violation; and
WHEREAS, following the expiration of 30 days after the third administrative citation provided
notice to the owner and other interested parties concerning the City's Notice of Violation and
Order to Abate,the City of Palm Springs applied for and obtained an Abatement Warrant
(Warrant No. ISW7183) from the Riverside County Superior Court on July 25, 2008,that was
issued by the Honorable Randall D. White, Judge of the Superior Court; and
WHEREAS, on and between July 28, 2008, and September 25,2008,the City of Palm Springs,
through its City staff and City contractors, executed the Abatement Warrant on the property
described as 2500 Whitewater Club Drive, Palm Springs, California,and thereby labored to
remove all public nuisances existing on said property; and
WIIEREAS said property is shown as Assessor's Parcel Nos. 501-190-002-2, 501-190-011-0,
669-480-027-6, and 669-590-066-1 on the County Assessor's Map Books(attached hereto as
Exhibit"A"); and
WHEREAS the Director of Building and Safety has reported that notices required in accordance
with Chapter 11.72 of the Palm Spring Municipal Code have been given and that the owner and
other interested parties have refused to comply; and
WHEREAS pursuant to said Code and Division 13, part 1.5 of the Health& Safety Code, Title
4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and California Code of
Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California,the City thereupon
abated the public nuisance located on the property described above.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. That the City Council hereby approves the Report of Proceedings and Accounting
(attached hereto as Exhibit"B")of the costs in the total amount of$60,443.00.
SECTION 2_ That a special assessment lien in the amount of$60,443.00 is hereby imposed
upon the property hereinabove described.
62e9a2 i V o
SECTION 3. That a certified copy of this Resolution,together with a certified copy of the
Notice of Lien and the Report be filed with the Riverside County Auditor-Controller's office.
SECTION 4. That the Riverside County Auditor-Controller is respectfully requested to enter the
amount of the assessment on the County Tax Roll opposite the parcel of land referred to, and that
thereafter said amount shall be collected at the same time and in the same manner as ordinary
municipal taxes.
SECTION 5. That a certified copy of this Resolution,together with a certified copy of the
Notice of Lien and the Report shall be recorded with the Riverside County Recorder's office.
ADOPTED this day of 2009.
David H. Ready
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. is a full,true and correct copy, and was duly adopted at a regular meeting of the City
Council of the City of Palm Springs on the_day of 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
PROCEEDINGS AND ACCOUNTING REPORT
PUBLIC NUISANCE ABATEMENT
I LOCATION/LEGAL: See Exhibit"A" attached hereto.
Assessor's Parcel Numbers: 501-190-002-2, 501-190-011-0, 669-480-027-6,
669-590-066-1
Address: 2500 Whitewater Club Drive, Palm Springs, California
11 OWNER OF RECORD: Palm Springs Country Club Investments, LLC
30900 Rancho Viejo Rd., Suite 100
San Juan Capistrano, CA 92675
Note: The LLC is comprised of 92 individual investors
and National Financial Lending, and is managed by
Point Center Financial, which is also responsible for
maintenance of the property located at 2500
Whitewater Club Drive, Palm Springs, California.
III PROCEDURE:
A. Public Nuisance Posting: 01/02/2008, 02/11/2008, 03/10/2008, 06/03/2008
B. Non-Compliance: 11/9/2007 through present
C. Bid Solicitation: 07/28/2008, 8/18/2008, 9/18/2008
D. Obtain Abatement Warrant: 07/25/2008, 08/11/2008, 08/27/2008, 09/11/2008
E. Abatement Work Complete: 09/25/2008
F. Notice of Special Assessment:
IV: ACCOUNTING:
Abatement: $ 8,775.00
Administrative: $ 24,745.00
City Attorney: $ 26,923.00
Total: $ 60,441-0
2
ON DU KWORTH, CBO
Director of Building& Safety
629a45.1 k
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
City of Palm Springs
AND WHEN RECORDED MAIL TO:
NAME: City of Palm Springs
ADDRESS:P.O.Sox 2743
Palm Springs,CA 92263
ATTN:Building&Safety
TIRS SPACE FOR RECORDER'S USE ONLY
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the health &
Safety Code, Title 4, Division 3, Part 2, Chapter 10, Article 6 of the Government Code and
Califonnia Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the
undersigned did in between the 28'1'day of June 2008, and the 25"' day of September 2008, cause
a nuisance to be abated on the real property hereinafter described; and the undersigned did on the
day of March 2009, by action duly recorded in its official minutes as of that date, assess
the cost of abatement, and the same has not been paid, nor any part thereof; and the City of Palm
Springs does hereby claim a lien on the real property for the net expense of the doing of the work
in the surn of S60,443.00, and the same shall be a lien upon the real property until the sum, with
interest at the rate of six percent (6%) per armum, from the _ day of March 2009, has been
paid in full and discharged of record. This lien shall, for all purposes, be upon parity with the
lien of the State, County, and Municipal taxes. The real property hereinbefore mentioned, upon
-1-
629879.1 ('N
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which alien is claimed, is that certain piece or parcel of land lying and being in the City of Palm
Springs, County of Riverside, State of California, and particularly described as follows:
2500 Wbitewater Club Drive, Palm Springs, California,
Assessor's Parcel Nos. 501-190-002-2, 501-190-011-0,
669-480-027-6, 669-590-066-1.
DATED:
CITY OF PALM SPRINGS ATTEST:
BY:
DON DUCKWORTH, CBO TAMES THOMPSON
Director of Building and Safety City Clerk
City of Palm Springs City of Palm Springs, California
629879 1 G
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS )
AFFIDAVIT OF MAILING
NOTICE OF ASSESSMENT
I, the undersigned, declare as follows:
1. I am employed by the City of Palm Springs as Department Secretary for the office of the
City Cleric,
2. On March 30, 2009, 1 served, postage prepaid, via (1) first-class mail and (2) certified
mail, return receipt rcquestcd, a full, truc, and correct copy of City of Palm Springs
Notice of Assessment For the property located at 2500 Wbitewater Club Drive, Palm
Springs,by placing a full, true and correct copy thereof enclosed in sealed envelopes
addressed as stated on the attached mailing list.
3. I placed said envelopes for collection and mailing, following ordinary business practices,
at the business offices of the City of Palm Springs, and addressed as shown on the
attached service list, for deposit in the United States Postal Service. I am readily familiar
with the practice of the City of Palm Springs for collcction and processing
correspondence for mailing with the United States Postal Service, and said envelopes will
be deposited with the United States Postal Service on said date in the ordinary course of
business.
4. 1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed ibis 30"' day of March, 2009 at Palm Springs, Califonia.
DOLORES STRICKSTEIN
Department Secretary for the Office of the City Cleric
City of Palm Springs
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=� City of Palm Springs
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Office of Elie City Clerk
�O"•axmc° 3200 F Tnhdulrz Canynn Way ' Pnlm Springs, California 92M2
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NOTICE OF HEARING ON SPECIAL
ASSESSMENT FOR NUISANCE ABATEMENT
The owner of the property situated at 2500 Whitewater Club Drive, Palm Springs,
California, described as Assessor Parcel Numbers 501-190-002-2, 501-190-011-0, 669-
480-027-6, 669-590-066-1, and any other person or legal entity having interest in the
property hereinbefore mentioned, is hereby notified to appear before the City Council of
the City of Palm Springs at its meeting to be held April 15, 2009 at 3200 East Tahquitz
Canyon Way, Palm Springs, California at the hour of 6:00 p.m., or as soon thereafter as
the owner or any other interested party may be heard to consider whether a special
assessment shall be assessed against said property for the nuisance abatement
activities conducted by the City of Palm Springs to abate the public nuisances which
existed on said property.
The proposed amount for the special assessment is $60,443.00. During the
hearing, the City Council for the City of Palm Springs will consider any objections or
protests to this proposed special assessment. Please note that should the special
assessment be confirmed against the property hereinbefore mentioned, the property
may be sold after three years by the tax collector for unpaid delinquent assessments.
The tax collector's power of sale shall not be affected by the failure to receive this
notice. The assessment may be collected at the same time and in the same manner as
ordinary municipal taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary municipal
taxes. All laws applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment.
Response to this notice may be made verbally at the public hearing and/or in
writing before the hearing. Written comments may be made to the City Council (mail or
hand delivery) to:
James Thompson, City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
DATED: MARCH 30, 2009
- CITY OF PALM SPRINGS,
AM ES THOMPSON, CITYMLERK�
Post Office Box 2743 0 Palm Springs, California 92263-2743
MAILING LIST
Palm Springs Country Club Investments, LLC
30900 Rancho Viejo Rd., Suite 100
San Juan Capistrano, CA 92675
Point Center Financial
7 Argonaut
Aliso Viejo, CA 92656
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