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HomeMy WebLinkAbout4/2/2008 - STAFF REPORTS - 00 Page 1 of 2 Donna Buckinger From: Donna Buckinger Udbuckinger@comcast.net] Sent: Friday, March 28, 2008 12:09 PM To: Donna Buckinger Subject: Update on PSCCGC Mere is the latest information x have on the golf course maintenance. Donna From: Donna Buckinger [mailto:jdbuckinger@comcast.net] Sent: Thursday, March 27, 2008 11:34 PM To: Kyle E, Rowen Cc: badams@pointcenter.com Subject: Palm Springs Country Club Golf course Dear Mr. Rowen, Since several people knew of the meeting between the City of Palm Springs and the current owner of Palm Springs Golf course, I've had several inquiries as to the status of what is happening. Would you be so kind as give us an update? It has been a year in April 2008 since Code Enforcement has been active in trying to help us and still nothing is resolved. I think we deserve some answers as well as the trees need watering before we loose more. Several of us took it upon ourselves to mow the first fairway in order to protect ourselves and homes from fire hazards. The outlying fairways are going to seed which will impact us as well. Please give us an update soon. Thank you, Donna Buckinger Mrs. Buckinger. As you know the City is actively working to enForce the City's municipal code and gain compliance from the new owners in maintaining the entire Palm Springs Country Club property. The City feels the meeting with Mr. Alan Bergfeld, the new owner's general counsel, was fruitful The City remains hopeful ihat National Financial/ Point Center will quickly commence work to correct the many municipal code violations at the PSCC In fact, National Financial / Point Center has already begun work to secure the PSCC by boarding up the maintenance buildings and securing parts of the fencing. While this is no means corrects everything, nor it is a permanent fix to those violations, it is a Sian:towards what must be done to fix the entire properly. To help ensure the situation is corrected in an expedited manner, the City has set Forth a 90 day time frame for the abatement of all violations. This 90 day time frame was constructed by the City to address the most serious health and safety violations first and foremost. The time frame also takes into account that correcting the violations on a property as large as the PSCC will take some time and cannot be done overnight. Sy April 24, 2008, National Financial/ Point Center shall have done the following: 1) Hire a maintenance and landscaping company for weekly site maintenance; 2) Remove all trash and debris from the property and dispose of properly, 3) Cut and remove all broken and fallen branches throughout the property, 4) Cut and remove all weeds or mow the entire property and properly dispose of yard waste; 5) Remove any and all trimmings, dead dry brittle and vegetation, 6) Hire a security company to be stations on the premises for daytime and nighttime patrols of the entire property Pagc 2 of 2 to help prevent or deter vandalism, transients and illegal activity. 8v M, 27, 2008, National Financial I Point Center shall have done the following. 1) Repair or install proper irrigation system for adequate water supply to all vegetation on the property and maintain such irrigation system, 2) Repair or install new fencing on perimeter and other areas as needed to secure property; 3) Remove all graffiti from buildings, structures and fencing on property, 4) Properly maintain all bodies of water on the property so that they are kept filtered and free from pollutants. By_June 26 2008 Nadonal_Finandal / Point Center shall have done [no following. 1) Submit plans for any new development of the property or documentation for future intentions of revitalization of the current property status. If any of these deadlines are not met, the City is prepared to issue administrative citations, serve a civil complaint and/or file criminal charges against National Financial! Point Center and any other responsible parties as the City's municipal code and state law allows As always, shank you for taxing the time to email me If you have any further questions or would like to discuss this matter in greater detail, please do not hesitate to call me. Thank you, Kyle Kyle E. Rower, Esq. Woodruff, Spradlin & Smart Direct Phone: 714.415.1023 Direct Fax: 714-415-1123 mailto:KRowcn _ ss_law,com CONFIDENTIALITY NOTICE - This e-mail transmission, and any documents, files or previous e-mail messages attached to It may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (714) 415-1023 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you. LAW OFFICES OF TERRY STAMBLER-WOLFS 74-930 COUNTRY CLUB DRIVE, SUITE 540-112 PALM DESERT, CALIFORNIA 92260 TELEPHONE: (:310) 791-3877 ♦ (760) 772-1018 February 20,2007 Honorable Mayor and Members of the City Council City of Palm Springs 3200 U.Tahquitz Canyon Way Palm Springs, California 92256-2743 Re: Concern regarding Maintenance of Palm Springs Country Club and Development Entitlement Process (Case Nos. 5.1119-PD 330--Burnett Companies) Dear Mayor and Members of the City Council: This letter has been prepared on behalf of my client Toms Corley,whose single family home borders the Palm Springs Country Club (PSCC) at 3030 North Farrell Drive (I have been contacted regarding the possible representation of other parties as well.) As a property owner for the past decade, Mr. Corley and his family are concerned about the apparent lack of maintenance of the now closed PSCC, as well as the future development of this site as may be envisioned by representatives of the Burnett Companies. We request that the City Council obtain the assurance of the property owner that the PSCC will be properly preserved as future development proposals are entertained. My client has observed that the PSCC is not being watered and maintained in a manner that will ensure that the property can be reused as an 18 hole golf course. From his observation,the course has not been watered in the many months since last summer. If maintenance has been undertaken,it is not apparent from visual inspection. The concern is that this amenity is being allowed to deteriorate while the owner pursues a development program for the site. It is requested that the City Council take appropriate steps to ensure that the property owner demonstrates compliance with such property maintenance standards and procedures necessary to preserve the significant landscape and habitat amenities in existence for decades. Since the development review process will take a substantial length of time,we hope you agree that the City Council is in the unique position of preventing the occurrence of"defacto demolition" of the PSCC. �7 ,c1NFg�y'p�GGN�� (/$GIG GdXirv/d�iiTC� February 20,2007 Page Two Regarding the proposed development itself, it is our belief that any project which does not incorporate an 18-hole golf course as part of a future development project represents a substantial loss, not only to the owners adjacent to or nearby the PSCC,but to the City as a whole. The PSCC provides open space, recreation,historic and public safety features which are characteristic of the City of Palm Springs and cannot be replicated with new development. With regard to the development review process specifically,we anticipate that the City staff will require the applicant to undertake a comprehensive environmental analysis consistent with the California Environmental Quality Act(CEQA). The extensive flora and fauna on the site deserve particular inventory and assessment as a focus of this analysis. To ensure that all of the environmental impacts are considered,the continuance of an 18-hole golf course should serve as the basis of the"Project." Since we recognize there is much to learn about the development concept,we look forward to working with the staff and the applicant as they engage in the review process. Thank you for your consideration of the issues addressed above. Sincerely, Terry Stambler-Wolfe,MPA,AICP cc: Tom Corley Lin Burnett,Burnett Companies David H.Ready, City Manager Craig Ewing,Planning Director MOVAN 0. lao6ER8&®lsl. namc8 PdAL a From the desk of: wee e-a -rc&bA1, Founding Chair r�-.`�.1���''� 591 N. Belardo Road Palm Springs, CA 92262 (760) 325-0277 FAX: 325-8228 email: �nrCti as(er7a©D.cm April 2, 2008 To The Attention of : The Mayor and City Council and City Staff of Palm Springs Regarding: Follow-up recommendation regarding TREE BASES: UPTOWN! Re-cap: As I am unable to attend this evening's meeting, I wanted to take this opportunity to review my "Public Comments" of last week, and provide additional recommendations for your perusal and review. First, I would like to express that did I not, nor did others with whom I've spoken to since, perceive Mayor Pro Tem's "no vote" as a vote against the planting program for Main Street, as it was expressed on the basis of budget/fiscal concern, in tandem with appropriate and appreciated representation of UPTOWN....i.e. "Not another city..." Secondly, along these lines, my presentation of recommendations was not, in any way to disparage or discredit the admirable efforts and due diligence of Sharon Heider and The Department of Parks and Recreation. Tasked as she had been, to deliver a solution, her presentation was admirable, and knowledge of horticulture quite impressive! My response and recommendations were based on "An Idea", previously floated by Councilman Hutcheson, without direction, detail, or parameters; matched with Councilman Mills' comments regarding his reasoning to support this campaign based on the "re-packaging" segment of what was described as a "marketing campaign" for Palm Springs, Downtown Main Street. All of that being said....I HAVE AN IDEA FOR YOU,, ALL. TO CONSIDER! Downtown Main Street is enhanced by our "WALK OF STARS". Why not consider Uptown Main Street enhancement via a a�lea/aeo8 Dana Stewart and James McKinley,Palm Springs 4-02-M Good evening,Council and Staff, Gee,we've heard you've been missing us for our Wednesday night dales.We've been keeping up through the neighborhood organizations,by computer,and watching you on the telly.We've been very happy to hear the trending of the City towards sustainable development.The Animal Shelter is a wonderful,long-overdue case in point Thank you for that. So why are we here tonight?Well,now we need to take rare of out humans too!Palm Mountain is the immediate culprit It is too tall and too dense.It will create an overuse of resources,and increaseRpollution.It has an untenable parking knoodle.This is NOT'smart development"_ " We've discussed global warming with Council many times,but it is now so serious as to be undeniable (despite the paid-off hacks).Wie no longer have the krxary of time.Action must be taken inanediately to arrest and reverse this process, And to arrest and never t),ia pyprross of approvals for developments in our tgw�r, The stealth of the PDO takeoverof our General Plan is surely illegal and in violation of its purpose.Objections of current property owners and their rights have consistently been ignored,and the developers get away with murder.The murderof our history and our environment, UYa.can no longer allord to simpo y Pearr rigs she deck rhmrs on thu Ti Kzmci Our urgent suggestions to you are: - 1.Mandate xeriscaping and water reclamation on all new construction_ 2.Enforce noise,seismic,and air pollution standards, By the way,our former neighbors,Victoria and Dr.Anthony tell us that boulder-blasting is still going on!Why are you,allowing these dangerous'explosives within city limits?f You haven't traumatized our neighbors enough?!What do you need to stop it?l A body count? When do the current residents stop having therm it property rights violated? 3.This means no more PDDs and variances to the General Plan,unless absolutely necessary for safety and benefit.NOT for the developers'profits. 4,Mandate solar and renewable insulation materials,on all new construction,ff you're going to hire someone, hire a grant writer,like Yucca Valley! 5.Mandate biodegradable soil sealants when mass grading, 6.Stop the ENRON energy fraud of the killer windmills. ?,And most of all,do not allow developers to buy,blight,and bulldoze.The sacred,world-class natural wonder,The Orchid Tree,and many others,area disgrace:Whether the:developer is here or not,they must maintain the nmpert__yl Pull down the fences and seed them with wildflowers. Palm Springs is looking so run down. . - , . Thank you,Council.Please stop Palm•Mountain,the PODS,and the destruction of our town and its setting. http_//us.f333_tnai1.yahoo.com/ytn/Compvse?-Y =79119&y5b taffies&y5beta=yes&inc=25... 4/2/2008 Charles Ira Sachs 335 West Mariscal Road Palm Springs, CA 92262-290735 (760) 325-5398 /onrs@earthlink.net March 12, 2008 Ms. Cindy Anderson Property Manager Casa de Oro HOA C/o Joanne M. Allen &Associates PO Box 2805 Palm Springs, CA 92263 SUBJECT, Business License/Recall Costs/Legal Fees/Minutes/Owners List Dear Mrs. Anderson. At this last Saturday board meeting a number of issues need to be cleared up. I just called Lola Goetz, who is in charge of business licenses with Palm Springs. She again confirmed there is no city license for Joanne M. Allen &Associates and yourself as a property manager. In that past managers Leane Lee and Daniel Davis, when they took on this job, both were required to get this. Whatever paper you held up, and refused to give to me, appears not to be with the city has required. Please send such documentation to me within seven days. You allege that "I am after you" in your many erroneous allegations to "this owner' but the reality is you have been in many areas not complying to both the State and CC & R's on many issues which have been repeatedly pointed out to you and the board both verbally and in writing, totally ignored. You have alleged "this owner" has run up $5000 last year in added legal fees. This would be above the recent claim of the costs of this recall, which I also have repeated to ask for documentation, as any owner should get. You refuse all requests, both in e-mail and writing. So what is really happening is you are showing complete contempt for any reasonable request I have made of you for almost two years on these issues. In review of the minutes submitted and approved, under the direction of new president David Estes, one even approved without been seen, shows many errors. This just shows there will be even less oversight of issues that many owners have questioned, like Mr. Karl Templer last October, about transparency of information, or lack of, on most items on the agenda or those discussed in closes session which could in truth be required by law to be opened. Have seen this done in the past. My reward for pointing out issues like a non-owner as treasurer, embezzlement of the past manager of association monies, excess monies spent, poor workmanship by the inept handyman, terrible on site maintenance, was my removal with false facts presented, often in inaccurate minutes by then David Estes as secretary, now president Again, please supply me 1) list of total costs of the recall 2) legal fees you claim I have run up in excess of $5000 last year 3) all documents about the removed of the trees last year 4) list of all current buildings in need of repairs that have been discovered in the last six months 5) complete list of owners (both their own addresses and those units they own) and if not, a refund of the $10 fee 6) and the reason the association attorney was not at the previous two annual meetings as he said he was contracted as part of his annual retainer. If he was asked not to attend there should be a letter to that effect for the record. If not he was not complying. Thank you for your immediate attention. By ignoring me only confirms my allegations. Yours truly, Charles Ira Sachs �v 'c•c �° '"�'�r Charles Sachs 335 West Mariscal Road Palm Springs, CA 92262-290735 (760) 325-5398 / onrs@earthlink.net April 2, 2008 City Council of Palm Springs SUBJECT: Trees, Permits, Recalls With the windy spring thoughts with the sound of trees and leaves is summer heat months away. Those unaware of my appeals to the city, it is about the questionable destruction last summer of 23 trees at the Casa de Oro condos without warning, without permits. One in front of my home ruined many aspects of living there. This was also a case last summer in Glendale had a couple was fined $347,000 when 13 was removed. WELL, I keep saying, I hate liars. I am always willing to correct an error. In this case, it is even more serious than my appeal about saving trees in Palm Springs, permits or way to adopt them, not cut down. The Glendale 13 indigenous trees were oak and sycamore. And it was for "trimming them" incorrectly, not cut down. The couple later was not fined when shown the landscapers fault. In our case it was an unlicensed and uninsured contractor, chosen by manager Cindy Anderson, who at our last board meeting, when she said people ask her about my complaints; she inferred an "owner" was just after her and it was nothing. One unit was just sold for 169,000, which had a tree removed that gave it excellent shade. I wonder if that is why they sold. Let's compare A/C bills when we're concerned about the environment. I'm still refused documents why the removal. They appear, as others found, lies. ��mc�a�ag �r��-/C �rr�•v" 4GIJUJ1u V{A 1y{v1µl a.0 a�ui auvaua.ua w�� � +� deposition re March 19th incident From: rrraser@comcast.net To: fsmotr@earthlink.net Subject; deposition re March 19th incident Date: Apr 1,2008 10:43 PM To Whom It May Concern: My name is Roger Fraser.I am a resident of Rolling Meadows,Illinois.I was staying in Palm Springs when I decided to attend a peace vigil set for 6 p-m_at the comer of Tacquitz and Palm Canyon Drive on the evening of March 1 M. I arrived at 5:45 p.m.with a peace sign("5 Years is ENOUGH.Bring the Troops Home NOW')that I held up for passerbys and traffic to see.Shortly after 5:45,a few men and one woman on motoreydes parked near where 1 was standing.A man in an American-flag bandanna,wearing a sleeveless leatherjacket,and sporting a white beard approached me in a very intimidating fashion. He asked me if I was a veteran. I didn't answer him. He began to shout at me,he called me several names and impugned my patriotism.When I refused to engage him in conversation but just stared back at him with what I considered a took of icy contempt,he left me alone and went back to his friends near the bikes_ Soon other peace vigilers appeared with signs_This same individual then began to shout at many orthem that they were unpatriotic scum and that if he had a gun he would shoot them all.Some tried to engage him in discussion, but this only seemed to spur his anger on.Apparently not realizing what was happening,two vigilers approached with a mock coffin draped with an American flag to represent American soldiers killed in Iraq and Afghanistan_They setit down on the sidewalk perilously close to the assembled bikers and turned away to speak with friends.When the previously mentioned biker saw that the vigilers'backs were turn,he seized the flag covering the coffin,began to bash in the cardboard coffin with his boot,and shouted, "None of you deserve to have this flag,you f b----1 I'm taking it!"When one of the vigilers(named Tracy Turner,I believe) demanded he return the flag, he moved away with it and refused to give it back. Shortly thereafter the police arrived. Roger Fraser 4584 Linoln Avenue Rolling Meadows, IL 60008 847 946-8035 rrraser@Comc2st,net o�aoz�aoo8 http://Webmail.pas.earthlink.nettwam/printable.jsp7.nsgid=46957&x=-123017851O 4/2/2008 TOM SWANN REMARKS Palm Springs City Council April 2, 2008 My name is Tom Swann, VFP President I have sent a few E mails about the March 19 peace vigil to each one of you. My hope tonight is that by working with the city council and the police chief we can INCREASE SAFETY AND STOP HATE CRIMES AT PEACE VIGILS Many of the peace activists feel afraid The police responded quickly to the alarm and prevented further injuries Lieutenant Dennis Graham said there was a misunderstanding about filing police reports_ VFP wishes to thank Ginny Foat for improving communication between VFP and the police VFP is grateful the Police are investigating the case. We feel the culprits are most likely an organized group of Vietnam veterans on motorcycles called "Gathering of Eagles" Their web page has their mission statement which includes they will risk their life to stop peace vigils. They feel all "peace vigils" (Le- groups that oppose the war) hurt our troops so they stop peace groups from exercising their First Amendment rights. On March 19 they verbally assaulted and stole the American flag from fellow veterans. If they can injure Tracy could they injure a city council member or a police officer? They are most likely fanatics and seem to act like terrorists. They said they brought bail money so they knew they were breaking the law This group has been accused of violence in many other cities across America. In April 2007 VFP tried to meet with them and they refused. Would a city hate crime law make the police response automatic? Recommendations: Make arrests of these men and hold them accountable Assign a uniform officer to each peace vigil. Police designate a counter-demonstration zone Reconsider a City Hate Crime law. Hate exists and we have to protect our residents and visitors. Thank you. </���0 Fl e'vo6