HomeMy WebLinkAboutSR 10/11/07 - Case No. C07-369 �O EEf l G DATE I C�� �� I ` �,i 7
U CCNTI �,��� �
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. ❑ PASSED TO 2ND READ1�{Q.,_,.,�,_ M`
�� �� CITY OF PAL DESERT
� �
Department of Commu
STAFF RE oRT �NG�� /a'�"/`���7`
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❑ PASSE�TO 2N0 READING
I
REQUEST: Uphold the Code Compliance Division's determination that Palm
Desert Mobile Estates be required to remove a non-permitted
recreational vehicle storage area and associated tent canopies,
and/or obtain a Conditional Use Permit and a business license from
the City to operate the storage area.
SUBMITTED BY: Pedro Rodriguez
Senior Code Compliance Officer
DATE: October 11, 2007
SUBJECT: Appeal from Palm Desert Mobile Estates
APPELLANT: Mr. Mark Bessire
Palm Desert Mobile Estates
CONTENTS: Site Map
Photographs
Recommendation:
Uphold the Code Compliance Division's determination that Palm Desert Mobile
Estates be required to remove a non-permitted recreational vehicle storage area
and associated tent canopies, and/or obtain a Conditional Use Permit and a
business license from the City to operate the storage area.
Backqround:
Palm Desert Mobile Estates, situated on the SW corner of Portola Avenue and the
Whitewater Storm Channel, has been renting spaces in a storage area on the north
perimeter of their property to recreational vehicle owners who do not reside in the
mobile home park. The storage area was previously screened by tamarisk trees which
� � Staff Report
Palm Desert Mobile Estates
Page 2 of 4
October 9, 2007
were located on land owned by the Coachella Valley Water District. The storage yard
was considered an existing non-conforming use due to the screening provided by the
tamarisk trees. Chapter 25.22 of the Palm Desert Municipal Code allows recreational
vehicle storage areas within mobile home parks with an approved Conditional Use
Permit. The purpose of such a Conditional Use Permit is to stabilize and protect the
residential character of the area and promote a better living environment.
The Coachella Valley Water District removed the trees from their property after
receiving numerous complaints from Palm Desert Mobile Estates that the trees were a
hazard. The removal of the trees exposed the recreational vehicle storage yard
maintained by Palm Desert Mobile Estates to public view from surrounding properties.
Residents of a neighboring development, and some members of the public at large,
have objected to the now-exposed storage area. Recreational vehicles not regulated
as to parking or storing on private property interfere with the appearance, health, safety,
and general welfare of the community. Citizens have a right to enjoyment of property
and protection of property values.
The City has made multiple attempts to gain the cooperation of the property manager,
Mr. Bessire, and to bring the property into compliance with the municipal code or to
negotiate a resolution that mitigates the public nuisance. Those attempts have not been
successful. The only commitment Mr. Bessire has agreed to is to provide one-gallon
plants and a drip irrigation system for the cost of $3,000 including continued
maintenance of the plants. Mr. Bessire stated he intended to then pass this capital
improvement cost onto his residents through the rent control review process.
Chronoloqv:
Below is a chronological list of the events leading to issuance of the Notice to Abate to
Palm Desert Mobile Estates for failure to comply with Chapter 25.22 of the Palm Desert
Municipal Code.
January 30, 2007: The City began to receive numerous complaints regarding the
exposed recreational vehicle storage area.
February 9, 2007: Staff contacted Palm Desert Mobile Estates and met with Mr.
Bessire to discuss the required screening for the storage yard. Staff explained to Mr.
Bessire that he could either remove all the recreational vehicles from the storage yard
or provide screening pursuant to Chapter 25.22 as it outlines the requirement for a
Conditional Use Permit.
C:\Documents and Settings\prodriguez\Local Settings\Temporary Internet Files\OLK14\Palm Desert Mobile Estates.doc
Staff Report
Palm Desert Mobile Estates
Page 3 of 4
October 9, 2007
February 15, 2007: Staff and Mr. Bessire met with the Palm Desert Planning
Department to discuss screening options for the storage yard. Mr. Bessire received
additional information regarding the screening requirements. He agreed to submit a
landscape plan to the City for review.
March 29, 2007: No action on behalf of Mr. Bessire. A letter was mailed requesting he
submit a landscape plan to the City for review and approval to screen the storage yard.
April 23, 2007: Mr. Bessire submitted a landscape plan proposing to install a drip
irrigation system and install one gallon plants every five feet along the entire 1,359 lineal
feet of fence line on the north perimeter and maintain on a regular basis. The City
rejected the landscape plan and Mr. Bessire was informed and he needed to revise the
plans.
May 3, 2007: An "Order to Abate" was mailed to Mr. Bessire due to his failure to submit
a revised landscape plan to the City.
May 17, 2007: The "Order to Abate" dated May 3, 2007 was rescinded due to
negotiations befinreen the City, Coachella Valley Water District, and Mr. Bessire. Mr.
Bessire reported that he would not commit to any of the negotiations unless he was
allowed to pass on the cost of the capital improvement to his residents through the rent
control review process.
July 30, 2007: Mr. Bessiire, ACM Homer Croy, City Manager Carlos Ortega, and Pedro
Rodriguez met in the City Manager's office to discuss a proposal of sharing the cost of
screening the storage area with the City and Coachella Valley Water District.
August 9, 2007: A letter was mailed to Mr. Bessire as a follow up to the meeting held
on July 30, 2007, outlining the proposal to screen the storage yard and share the cost.
August 13, 2007: Mr. Bessire responded to the letter dated August 9, 2007. He did not
commit to the proposal, and reiterated that he would only negotiate and possibly commit
to an agreement if he were allowed to pass this cost on to his residents.
September 17, 2007: An "Order to Abate" was mailed to Mr. Bessire requesting the
removal of all recreational vehicles from the storage area along with the canopy tents,
or apply for a Conditional Use Permit and obtain a city business license.
September 19, 2007: Mr. Bessire filed an appeal to the "Order to Abate" with the City
Clerk's office.
C:\Documents and Settings�prodriguez\Local Settings\Temporary Internet Files\OLK14\Palm Desert Mobile Estates.doc
' Staff Report
Palm Desert Mobile Estates
Page 4 of 4
October 9, 2007
Conclusion:
Because of Mr. Bessire's persistent failure to comply with the Order to Abate and to
mitigate the public nuisance presented by the unscreened view of the RV storage area
at the Palm Desert Mobile Estates, staff recommends that the issuance of the Order to
Abate be upheld by the City Council.
Submitted By:
. �
-� irs �(cS�rL ,
Pedro Rodriguez
Senior Code Comp nce Officer
Approval:
^� , .
. ��
�
Hart Ponder Lauri Aylaian
Code Compliance Mana er Director of Community Development
,��'Z _
Homer Croy Carlos Orte
ACM Develop nt ervices City Manager
C:\Documents and Settings\prodriguez\Local Settings\Temporary Internet Files\OLK14\Palm Desert Mobile Estates.doc
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i73-510 FREU WARING DRIVE
j PAL,'vi DESERT, CALIFORNIA 92260-2578
� TEL: �60 346—o6ii
' F�ix: 76o 34i-7o98
infoC�palm-deserc.orp
March 29, 2007
Ray Elmer Vanalstine
c/o Mark Bessire
725 Brea Canyon Road, #6
Walnut, California 917893072
Case No. 07-369
Dear Mr. Bessire:
It has come to the City's attention that the condition(s) listed below exist on your
property located at 43101 Portola Avenue, also legally known as APN No. 622-150-008.
The City is requesting your cooperation in correcting the following item(s) in order for
your property to be in compliance with Chapter 8.40 of the Palm Desert Municipal Code.
The City is requesting that you submit a landscape plan for review and approval
to screen the recreational vehicle storage yard located on the north perimeter of
your property. As previously discussed, your options are to submit a landscape
plan to screen the storage yard, or remove the storage yard from the property.
We appreciate your assistance in resolving this issue within the next thirty (30) days
from receipt of this notice. This enables you and your neighbors to maintain your
property values, and enhances the quality of life in your neighborhood, as well as for the
City of Palm Desert.
Thank you in advance for your cooperation. Should you have any questions, please
contact our office at (760) 346-0611, ext. 477.
��� � �
i
�I�-G ,�t1 ! `7 v'� _
/
Pedro Rodriguez�
Senior Code Comp iance Officer
iP�.4I[.GI!I�i(Y[I[G raP'.N
� � ' � '� �' � � � �
,� � � � Y 1� � F � � � �� � r y
; 7j-510 FRED WARING DRIVE
I PALM �ESERT, CALIFORNIA 92260-257H
TEL: �60 346—o6�i
F�c: 760 34i-7o98
infoC�palm-desercorg
ORDER TO ABATE A
PUBLIC NUISANCE
May 3, 2007
Mr. Ray Elmer Vanaistine
Ms. Barbara Vanalstine
c/o Mr. Mark Bessire
725 Brea Canyon Road, #6
Walnut, California 91789
Case No. 07-369
Dear Mr. and Mrs. Vanalstine:
By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter
8.20, you are hereby ordered to abate the following condition(s) from your property
described as 43101 Portola Ave, also legally known as APN No. 622-150-008.
In order for your property to be in compliance you must install landscape material
along the North Perimeter of your property that will screen the recreational
vehicle storage area. Before commencing any work, you must first submit a
landscape-screening plan to the city for review and approval of the proposed
plant material.
Should you fail to submit a plan to screen the recreational vehicle storage area,
will result in the city ordering the complete removal of the non-permitted
recreational vehicle storage area from the property.
The City of Palm Desert has determined that the foregoing conditions constitute a
violation of the Palm Desert Municipal Code Chapter 8.20. You have until to abate the
condition(s), or appeal the determination within ten (10) days of the date of this notice to
the City Council of the City of Palm Desert, California. Any appeal must be in writing
and filed with the City Clerk's office.
��' I'P"�IfI;ON�[("[.i�PAPl1
If you do not abate the nuisance or appeal its determination within the specified time
period, the City will proceed with the abatement, and/or proceed with legal action with
the City Attorney's office.
Should the City hire its own contractor and abate the conditions, the cost of abatement
including attorney fees, and administrative fees will be assessed against the property in
the form of a nuisance abatement lien or a tax assessment against the property.
Thank you in advance for your cooperation. If you have any questions, please contact
our office at (760) 346-0611, ext. 477.
erel
� ' /-
� -zo ��
Pedro Rodriguez
Senior Code Compliance Officer
cc: Mr. Mark Bessire, 430 South San Dimas Avenue, San Dimas, CA 91773
C11Y � f PflL (� � ESERi
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manufactured housing manag�ment and investmtnt�
May 14, 2007
Rachelle Klassen
City of Palm Desert
City Clerk's Office
73-510 Fred Waring Dr.
Palm Desert, CA 92260-2578
Re: Palm Desert Mobile Estates— Appea/of Order to Abate a Public Nuisance
Case No. 07-369
Dear Ms. Klassen:
We are in receipt of the Order to Abate a Public Nuisance letter dated May 3, 2007 and
(received on May 11, 2007) that was mailed to us by Pedro Rodriguez Senior Code
Compliance Officer for the City of Palm Desert and have the following comments.
1. Please change your records to reflect that Mr. Ray Van Alstine passed away
years ago.
2. Please change your files to reflect we are located at 430 S. San Dimas Ave., San
Dimas, CA 91773 and our offices have not been at 725 Brea Canyon Rd., #6 for
over 7+ years.
3. In that the Mobile Home Park was built in the 1960's and has always been
. operated as a Mobile Home Park with a storage area, we do not feel that this is a
non-permitted storage area that can be ordered to be removed.
4. We do not feel that the Park fatls under Palm Desert Municipal Code Chapter
8.40 that Pedro Rodriguez P.D. Code Enforcement referenced in his request
letter dated March 29, 2007.
5. The type of screening that the Planning Dept., is requiring the Park to install to
the North Perimeter fence will cost well over $60,000, and in addition the on-
going cost to maintain and water the trees and plants that wo�uld be required.
6. Because the City of Palm Desert operates under rent control this could affect the
144 lower income families of Palm Desert Mobile Estates that these cost would
be passed onto.
7. In trying to be a good neighbor we have submitted a landscape plan on April 27,
2007 to Pedro Rociriguez, City of Palm Desert Code Enforcement and Tony
Bagato, City of Palm Desert Planning Dept. that the Park owner would pay for
with no pass through to the residents of Palm Desert Mobile Estates, this was
denied.
909-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avenue • San Dimas, CA 91773
� ,
City of Palm Desert
City Clerk's Office
Palm Desert Mobile Esfates—Appea/of Order to Abate a Public Nuisance; Case No. 07-369
May 14, 2007
Page 2
8. Please keep in mind that the history of the trees that were removed even when
Chaparral Country Club owned the property was that they were never maintained
on a regular basis. The only time anything would be done is if we contacted the
property owner to complain. With this in mind, in December 2006, we once again
contacted the Coachella Valley Water District which we have done many times in
the past to take care of the Health and Safety issues that their trees were
creating to our storage area and with no notice to anyone, not even a call, the
Water District in one day took down all the trees along the 1,350 ft. of our North
perimeter fence.
With the above mentioned we respectFully would like to Appeal the Order to Abate that
was dated May 3, 2007 and (Received on May 11, 2007) Case No.07-369.
If somebody from your office could contact me with directions on how to move forward
with the appeal process, that would be a big help.
If you have any questions, I can be contacted at:
Bessire & Casenhiser, Inc.
430 S. San Dimas Ave.
San Dimas, CA 91773
Phone: (909) 594-0501 / Fax: (909) 594-5272
Sincerely,
.�
�
Mark Bessire
Property Manager
MB/bm
mb0514brn
cc: Pedro Rodriguez, City of Palm Desert Code Enforcement //
Barbara Van Alstine
Mike Mihelich,Attorney at Law
10-05
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i 73-5io FRED WARING DRNE
PALM DESERT, CALIFORNIA 92260-25�8
iTEL: 76o 346—o6t�
� F�x: 760 34i-7o98
, infoC�palm-desert.org
May 17, 2007
Mr. Mark Besire, Property Manager
c/o Bessire and Casenhiser, Incorporated
430 S. San Dimas Avenue
San Dimas, California 91773
Subject: Notice of Order to Abate /ssued May 3, 2007
Case No. 07-369
Dear Mr. Bessire:
This is in response to your letter dated May 14, 2007, wherein you request to file an
appeal for the Order to Abate that you received for property address, 43101 Portola
Avenue, Palm Desert, California.
In an effort to foster goodwill between all parties concerned, the City hereby rescinds
the Order to Abate dated May 3, 2007. No further action will be required on your part in
relation to this rescinded notice to abate.
Thank you in advance for your cooperation. Should you have any questions, please
contact our office at (760) 346-0611, ext. 477.
Sincerely,
. ���;\ �,�
�� �� _.__,...�-.�__._____,._�...__�__.__�
Hart H. Ponder, Jr.
Code Compliance Manager
cc: Richard S. Kelly, Mayor
Sheila Gilligan, Acting City Manager
Homer Croy, Assistant City Manager for Development Services
Amir Hamidzadeh, Director of Building and Safety
Rachelle Klassen, City Clerk
David Erwin, City Attorney
Pedro Rodriguez, Senior Code Compliance Officer
,,�,,F�:��:,������a���
CO,�����
August 9, 2007
Mr. Mark Bessire
Regional Property Manager
Bessire and Casenhiser, Inc.
430 South San Dimas Avenue
San Dimas, California 91773
Dear Mr. Bessire:
This letter is a follow-up to the meeting in my office on July 30 with you, Homer Croy, Assistant City
Manager for Development Services, and Pedro Rodriguez, Senior Code Compliance Officer
concerning the City's request that Portola Mobile Estates participate in solving the aesthetic problem
created by CVWD after removal of the tamarisk trees that served to screen the recreational storage
area.
As I stated at the meeting, even though it is the City's position that this is a matter between Portola
Mobile Estates and the Water District as a result of prior agreements, I would be willing to recommend
to the City Council that the City participate financially in putting in trees to screen the recreational
storage from both the Portola Bridge and Chaparral Country Club.
To reiterate my proposal made at the meeting:
The Water District, Portola Mobile Estates, and the City would share equally in the installation
of a drip irrigation system and trees of sufficient size to assure that in a very short time the trees
would screen the recreational area. Your previous letter dated July 23 to the City indicated
that you would commit to paying for the irrigation system and for 1-gallon plants. As you
related in the meeting, this was not acceptable to the Planning Department.
My proposal stated that the City, the Water District, and Portola Mobile Estates would split the
cost of the construction for the drip irrigation system and trees based on a one-third share of the
cost. Our current estimate is that this will be approximately $75,000.
Mark Bessire
Page Two
August 9, 2007
In addition, we would request that you maintain the trees after they are planted. Recent
conversations with Water District management leads me to believe that they would probably
also provide the water for irrigation.
I am planning to take this agreement to our City Council for consideration at its' regularly scheduled
Council meeting of September 13, and would appreciate your response as soon as possible. If this
proposal is acceptable, my recommendation would be that the City would not pursue the abatement of
the recreational storage. We would still want to inspect the storage area to make sure that it is
maintained in a manner acceptable to the City.
Sincerely,
CARLOS L. ORTEGA
City Manager
CLO:kr
cc: Homer Croy, Assistant City Manager for Development Services
Pedro Rodriguez, Senior Code Compliance Officer
Mark Greenwood, Director of Public Works
i �
� �
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manufactured housing management and investmenta
August 13, 2007
Mr. Carlos L. Ortega
City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Re: Pa/m Desert Mobile Estates— Fence Line
Dear Mr. Ortega:
First of all, would you please change your records to show that I am the Regional
Property Manager for Palm Desert Mobile Estates, not Portola Mobile Estates
as indicated in your letter dated 8/9/07.
In response to your letter of 8/9/07, where you propose the City of Palm Desert,
the Water District, and Palm Desert Mobile Estates split the cost of the �
construction for the drip irrigation system and trees based on a one-third share of
the cost, estimated cost approximately $75,000, we have the following
comments.
1. As yau are aware we did agree to install a new irrigation system and plant
1 gallon plants every 5 feet along the 1,400 feet of our north perimeter
fence line at an estimated cost of$3,000.
We are still willing to incur that expense with no pass through to the
residents of Palm Desert Mobile Estates.
2. However, if you want Palm Desert Mobile Estates to participate on a
��3 - ��3 - '/3 basis, we must request that we be allowed to pass through
these costs to our residents in the form of a "Capital Improvement" pass
through under your local ordinances. If allowed Palm Desert Mobile
Estates will also agree to maintain the new trees on an on-going-basis,
with the assistance of the Water District supplying the water.
909-594-0501 • Fax 909-594-5272 • 430 South San Dimas Avenue • San Dimas, CA 91773
Mr. Carlos L. Ortega;City Manager(City of Palm Desert)
Palm Desert Mobile Estates—Fence Line
August 13, 2007
Page 2
As you are aware, your rent control ordinance has kept our rents
substantially below market for years and to now expect our owner to
spend $25,000+ would be an unreasonable request.
3. If the Water District and Chaparral Country Club would have taken care of
the trees when it was their responsibility, we wouldn't be faced with this
current dilemma. �
Again, the ownership of Palm Desert Mobile Estates is more than willing to work
with the City but there must be some ability for ownership to pass along these
unexpected costs.
Sincerely,
�.� �'���
c�.
Mark Bessire
Regional Property Manager
MB/bm
mb0813bm
cc: Barbara Van Alstine
Mike Mihelich,Attorney at Law
Homer Croy,Assistant City Manager for Development Services
Mark Greenwood, Director of Public Works
Pedro Rodriguez,Senior Code Compliance Officer
10-05
� � CITV OF Pfll �l DESERI
73-5�0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25'JS
TEL: 76o 346—o6i�
Fnx: 760 34�-7098
infoC�palm-deser[.org
ORDER TO ABATE A
PUBLIC NUISANCE
September 17, 2007
Mr. Mark Bessire
Regional Property Manager
c/o Palm Desert Mobile Estates
430 S. San Dimas Avenue
San Dimas, California 91773
Case No. 07-369
Dear Mr. Bessire:
By virtue of proceedings under the authority of Palm Desert Municipal Code Chapter
8.20, you are hereby ordered to abate the following condition(s) from your property
described as 43101 Portola Ave, also legally known as APN No. 622-150-009.
In order for your property to be in compliance you are required to:
• Remove all the recreational vehicles and the canopy tents from within the
non- permitted recreational vehicle storage area along the north perimeter
of the property or,
• Submit an application to obtain a Conditional Use Permit from the
Planning Department for the recreational vehicle storage area.
• Upon approval of a conditional use permit you will be required to obtain a
City business license for the operation of the recreational vehicle storage
yard.
��r PAIXlEDONIE(Y(IfUPA/EA
The City of Palm Desert has determined that the foregoing conditions constitute a
violation of the Palm Desert Municipal Code Chapter 8.20. You have until September
28, 2007 to abate the condition(s), or appeal the determination within ten (10) days of
the date of this notice to the City Council of the City of Palm Desert, California. Any
appeal must be in writing and filed with the City Clerk's office, City Hall, Palm Desert,
California.
If you do not abate the conditions or appeal its determination within the specified time
period, the City will proceed with legal action with the City Attorney's office.
Should the City hire its own contractor and abate the conditions, the cost of abatement
including attorney fees, and administrative fees will be assessed against the property in
the form of a nuisance abatement lien or a tax assessment against the property.
Thank you in advance for your cooperation. If you have any questions, please contact
our office at (760) 346-0611, ext. 477.
Si cerely,
-� �
/ ,,
�ti� /\�. ,��
Pedro Rodriguez
Senior Code Compliance Officer
cc: Carlos Ortega, City Manager
Attachments:
C11Y Of PflLI� � ESERi
�A�IIIYIii�I1X Af(Yf�iO PVFI
� �:�::i�:�:3`�''��?
� . _ f:.'17 Y Cl.E�K'S OFFICE
�'i"+LP� DESEfi�T, CA
manufactured housing management and inve.rtments 2���$�� 2� p� 2; �2
September 19, 2007
Rachelle Klassen
City of Palm Desert
City Clerk's Office
73-510 Fred Waring Drive
Palm Desert, CA 92260-257$
Re: Palm Desert Mobile Estates— Case No. 07-369
Appea/of Determination of Order to
Abate a Public Nuisance
Dear Ms. Klassen:
Please consider this our formal appeal to Mr. Pedro Rodriguez's September 17, 2007
Order to Abate a Public Nuisance that was received on September 18, 2007.
Please advice as to the process.
Our grounds for appeal are:
1. Current use has been in place for over 30 years.
2. Request would cause a possible reduction in service claim.
3. If we are forced to close our RV storage facility, it would affect the NOI of the
property and cause us to file for an increase in base rent to our existing residents
/ homeowners.
4. As you are aware, the City of Palm Desert does not allow homeowners to store
RV's on residential lots. This closure would cause a hardship on those currently
using our facility.
5. A ten (10) day notice to abate is totally unreasonable because we have
contractual obligations with the existing users.
6. As the City is aware the only thing that triggered concerns over this property use,
of over 30 years, was the complaint's of our neighbors at Chaparral Country Club
of their new views caused by the removal of some hazardous trees by Coachella
Valley Water District, that even Chaparral Country Club failed to maintain when
they owned the property.
As the City is also aware we have been working with you to try to alleviate
some of our neighbors concerns by forcing the unsightly storage out of the Q
facility, even at a loss of revenue and offering to try and help mitigate our
neighbors concerns. �m
' ;;� '� °�� ���'�� �� , �
� � y � ' , ��+��0501 • Fax 909-594-5272 • 430 5auth San i7imas Avenue • 5an Dimas, CA 91773
Rache//e K/assen, City C/erk
Palm Desert Mobile Estates—Case No. 07-369;Appeal of Determination of Order fo Abate a Public Nuisance
September 19, 2007
Page 2
7. We feel we are in compliance with our original use permit that did allow for the
placement of mobilehomes and a storage area that is typical in all mobilehome
parks built during the era of Palm Desert Mobile Estates. Thus, will all City
mobilehome parks be put on abate notices if they have similar storage areas or
are we being singled out with selective enforcement?
Again, please advice as to the appeal pro�ess.
Sincerely,
i�s����J
Mark Bessire
Regional Property Manager
MB/bm
db0919bm
cc: Pedro Rodriguez,Senior Code Compliance Officer
Carlos Ortega,City Manager
Mike Mihelich,Attorney at Law
10-06
Klassen, Rachelle
From: Klassen, Rachelle
Sent: Monday, September 24, 2007 9:02 AM
To: Croy, Homer; Aylaian, Lauri; Ponder, Hart; Rodriguez, Pedro
Subject: Appeal of Public Nuisance Order- Bessire
Importance: High
Attached is the subject Appeal, received by my office on September 21.
� ��
f�
Bessire 07-369.PDF
Za.c;l�.U��. Kl����vv
City Clerk
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260-2578
(760) 346-0611, Ext. 304
F: (760) 340-0574
rklassen@ci.palm-desert.ca.us
1
19119f2097 16:20 9995945272 B & C PAGE 01
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'• Rachell� Klassen � Mark Bessire
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(760)340-0574 10 Including Cover
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Pho'ne#: (760}346-0611 oate: October 19, 2007
Re: Palm Desert Mobile F�#a�s — R�sponse to S�taff Report
� please review ❑ Per your request � Please calf to d➢scuss � For yaur file
If you do not receive all the pages, pl�ase call us at (909)�59A�-0501 � �
If you have any questions, please give me a call af' (909) 59�4�0601. ' �
43Q South San �imas Ave., San Dimas, CA 91773 • (9�9) 594-0501 • Fax: (909) 594-�5272
Raceived ` Oct-19-07 04:27pm From-8095945272 To-CITY OF PALI� DESERT PaQa 02
16/1912607 ' 16:26 9095945272 B & C PAGE 62
�
� ` ��v����a� �t���. ����+��Q.'�5��� 8���.�... �
• mans�f+u�xra�d Iaou.ring mrirragrmrnt�rud#nve.rtmentr ,
October 19, 20d7 . � . .
� � Ciiy of Palm Desert . � � �
Atf��tion; Rachell� I�Classen � � , � . �
Ciiy,'Cierk's O�ce . . �
, 73-59 0 Fred Waring Drive . � �
Palm'Deserk, CA 92260�2576. � .
� � .,.��F�e; � �� �Palrn Desert�,Mobile�.sta�es--� R�sponse �t�o� �S#afiF Report�an'Nofice to Abet'e �
. '. . .�.� � � . � � Appea!from Palm Deserf�Mobile �s�ai�,s ,
. � Ta V�Ihcm It May Concern_ � � . . •
� � ln�respon'se.`xo�the st�ff-r�port�that�was�subrn�tted�b�'Petlrc,�Ft�odriguez.Se�iid�'Goc�e. ' . , � �
� . . Complianc� Officgr�on October�11, 2007, i�ve�'uveuid like to�sidd:, �. �; , :
����� . � � � � . � � . . , ,
, Respnnse �. Recomrnen'dation: � � � � � �
We���eel that Palm Desert M�bile Estates storage area has always been�a permitEed use
• , � / arr��nity�that was cover�d under the original Cond�#�onal Use Permit fit�at was fled with
the:�ounty of Riverside over 40 years ago. �
,�" 'I � .
e�' o acl� roundt �
Over the years Palm Desert Mobiie Estates had fio put Chaparral�Coun$ry Club on
no�ice then CVWD, upon their acquiring of the properly, as to fihe hazard.fihese
Tamarisk trees were G�using. They wvuld th�n send out a crew to t�m just enaugh 40
. eliminate the propiems. �
� tn December of 2006�Palm Desert Mobile Estates once again contacted the CUWD to
let"them know i�wa� time to take ca�e of there trees, and with NO PRIOR NOTFC� TO
,pNYphl� the 1,400 feet of 40 foot Temarisk trees were remaved within two days.
Mr:�Rodnguez states that; the�only aommitment Mr. Bessire has agreed to is tc pror�ide .
one-gallon plants and a drip irrigation sy�tem for the cvst o�$3,000 including continued
mainlcenance o�F the plaints. T'hen Mr. Rodriguez continues with; Mr. Bessire stated he
inf�nded to then pass this capital improvement cost onto his �esidents through the rent
cori4rol review proces�. This is an incorrect statement, as you can see by the attache�
letter that was sent to Mr. Rodriguez on April 23, 2007 (see at�achmenf� we had no �
� � int�'ntion to pass through the above mentiorred costs to the residents of PDME. ;w.,,�
,.r,w�� rc��.�;.:rT- �""'�'•�",.�„J,"�..�,-�b uw7i , P,' �' k-'"• . :'�e"" t G�`��y`c�
,.s..,`,r �;� a y.+ wv P i ri t" .y � ..��.
• rrci�.;�a'':i���;oYab,.�m�7�..�LR+4�'��I�i��.�'ar.�u't�7a•i�'eli�.'.���.".I�• ���' °.. .4'��JI�� � ��i��;�}d
Received .;�Oct-18-07 04:27pm From-8085845272 To-GITY OF PALM DESERT PaQe 03
10/1912007 16:20 9095945272 B & C PAGE 03
aq+•a�Pelm Desert c�e�c�s OfFce
AKendan:Rechelle Klessen;Cl�y ee!irom�elm Deser!Mabile E8l�a}es
� Pelm DeBert Monl�e.Estares—Response to Staff Reporr on Nohcc to atiat's App
. OCtober 19,2007 , . • .
pngp 2 . . •
. Res�onse to Chrcnalo icsl List of Events: . �
� From Fehruary 15, 2009 to Marc6 29,.2007 Mr. Rodriguea states that; there has been .
' no action on�behalf of Mr, Bessire, We.disagree, in that i contaotied pete Vasquez code
� enforcement officer from the Department of Housing and Cammunity Development a�d .
had him meet vuith myself and.Mr. Rodriguez at PDME on�March 8, 2007 to discuss the
j�risdictian issues and what �oll they play in regards to fhe stvrage area, � .
May 14, 2007: PDME,�►pp�ai of Order to Abate was sent fo Rachelle Kiassen from �tl'�e
, Clt� CI�I'k's OfFice. Attached you will.find a copy of thc appeal letter dafed May 14, .
200.7:.; (see�affiachmenf) � . .
, � .
IIAay 7�, 2007: PDME received a leti�er fr�m Hark H. I'onder, Jr. Code Compliance .
Manage�fvr the City�of Palm Desert that rescinded the Order.to Abate that Was dated
. Il�lay 3, 2007, (see �ttached) Mr. Ponder also stated that; no further•action will be
required from PDME in relation to the �rescinded notice to abafie. In additio� Mr.
Rodriguez states that; the Order to.Abate da#ed May 3, 2007 was rescinded due to
negot�ations between the City, CWVD, and myself, This is inco�rect, i was no#aware .
that 1 was invalved in any negotiations during this time. From May 3, 2007 to July�26,
. �2007 1 was n�at involved in any negotiations or discussions in regarcls to the storage
. area:� . . � �
July'�8, 200�: PDME was contacted b,y.pFrvne by Mr. Rodriguez and h� informed us
that Carlos Ortega the Ci'ly Manager�►ould like�to�ha�e a meeting on July 30; 2�07 to
discuss the PQME storage area, which we agreed to. . � �
Au�ust 93, 2D07: We did go on record dated August 13, 20Q7,�(see attached let�91') �
that was sent to Carlos Ortega, City hllenag�r that we were even willing 4o in�tall the
required�wall but also went on record we would be requesting the Rent Review , .
Comrnission for a Capital Improvement pass through fo�fihi5 gvvernmental r�quired.
�improvement. lt should also b.e noted if you restrict us.from having monthly sxorage
� rentals, it will e"ffect Palm Desert Mobile Estates bottom line NOI�whach then would be
. cause for a second�R�nt Review Commission hearing resulting in�higher�rents for the
low���;income residents of Palm Desert ItA�bile Estates.
�,. � � .
. Conc;lus�on: � � . � � .
Palm Desert Mobile�Estates has always operated with a permitted s'torage area si�ce its
� conception, we feel that the derr�ands that are now being placed on us to rem�ve the�
� stor��e ar�a or put up screening�along the �,400 feet of fence line at a cost of�26,D00
to $1 OD,040 plus continual maintenahcs is unr�asonable at this #ime. ,
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10I19/2067 16:20 9095945272 B & C PAGE 94
Cl�y+ofPalm L�esert , . �
• Aiter�tivn:Rer.imRe iClsss�n;C�'!y Cdo►*'�Office
Palrn Desert Mobr�a Est�eas—Response to SlafFReport on No�ce b Abate AppBei fmm Pe/m Dese�Mo60e Estetes
OcfOb9r�18,2007 . •• • , � , �
Pege 3 � . . .
It should also be noted that when the City vf Palm Desert passed a local ordinance to ,
not allvw RV's to be kept at single family homes thgt is wh2n we wel"e asked to allow
non occupants area residents tQ rent RV spaces at Palm Desert Mobile.Estates: �
. We are more than willin�g to work with�the City and our neighbors bWt there must be a
middle ground in that all we ever asked�for was for the neighbors tv keep their trees .
' firimmed_ � � '
Sincer�ly, • � � • � � , � , �
. i���� � � . .
„� • �
MarNc'Bessire � � . � �
Regional Property Manager . � .
� � nnerom � .
mb1019bm • , , •
Attachr,rian'ts: Gopy af H&C letter dated a/Z3107(1 pg.) � � ' '
� Copy o�a&c�ettsr daoed�na�o�(2 aes:? , '
. Copy of letter 1rom Ctty of Palm poaort dstod 5/17l07(1 pg.)
, • CopY o!B a C letter dated 6l1�l07(2 p8s-) ' •
r,c; �s Ri�heM S.Kelty,Mayor and CHy Counsel • �
Har!Ponder,Code Compllance Msneger
� ' Pedro Roddguez,Sen�or Cnda Compliance v�ncer
HOmer Croy,ACM DbVelOpmQnt SenrioCs
. ' Carlos OI't��gA,Glly Manager • • .
Laurl�Aylaian,Directcr of Community I]�ve�opment ' � �
' Da�ld Erwin,City Attomey '
90-�3 • • '
S i`: . , .
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. , . . .. . . . . ,� .
� • . � i � � . .
1 rt.-:�—. . •
. . . i . y".f=•� � • .
•`^"'�p n. -r�y.,• ;=1' +°�'�•�;1 � -i .
. .1 .7 il � 'ji
.�9u�.��v��ao`'��-, syy�'.�1��,:' �'�_,�'q;,':i.��?��`���:�f;..��_.1�L: 1;�,l�, �_
� . , manu,�ric�ured housi�g�aasragrmcnt,atad inv��s . .
� . �`August 13, 2007 � � : .� , ' . . . ' .
• � Mr. Garlos L. Ortega� . ' . , • �
. City Manager � . � � . �� � � � �
Glty�of Palm Desert � , � � . � .
73-510 Fred Waring Drive � . .
Palm Qesert, CA 92260-2578 � � � � ,
Re: P'alm Desert Ill�obile �s�ates -- Fence �.ine � .
Dear Mr. Ortega: � � . � . �. �
First of aD, would you please change yo�r records to show that 1 am the Regional .
'Property M�nager for Palm Deser�Mabile Estates, not Por�ola Mobile Estates
. � as indicated in your let�er d.at�d e/9/q7. � � .
In response to your letter�of 8le107, where you propose th�e Ci�y of Palm Desert,�
�the Water Distric�, and Palm Desert IUlobile Estates split the cost af the �
construction for the drip irrigatian system and trees based on a�one third share af
. the�cost, estirnated cost approximatefy $75,000, we have the follawing , '
comment�. . � �
. �!. As you are aware we did agree to install.�a new irrigatfon system and plant �
1 galfon plants every 5 feef along the, 1,A�00�feet of our norrh perimeter �
fence line af arr esfirnated cast of$3,000. � . �
, 1l1/e are s�ill willing to incut that expense with no pass through to the �.
residents o'F.Palm Qeser�Mobile Estates. . � �
� 2. However, if you want Palm aeser�Mobile Estates to par�icipate on a
� 'J3- '/a- "/a basis, we rnus� requesfi that we be allowed to pas's through
' � .these oasts to aur residents in'the form of a "Capital.Improvement° pass �
through under your local ordinances. If ailvwed f'alm Desert Mobile
Est�tes will also agree fo main'Eain th� new tr�es on an an-goi�g-basis, �
' with the•assistance of fhe Water District supplying fhe water. ,
�,:�nr.;,�,,. .,�,...,-..•.,...,•;..,,_.,._.;.:,,.,:,..;,,. . . ,
t..:. ,i:.,:'::....c.o.�...:�n .�'an.n.t.vn•��'rr.�%riw��ww:r_'-:y}rri'vc'rr%h:w�•r���n.'._ �in�n�r_.1L n'--'1"�l��_"''i..�.."'_ _'P�_.R`!��'��_'�/�A'.r`�•�i��• .. . �
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IVIr', Carlos L., OrtBge;Crty.Manogcr(Clty of Palm Doser't) � •
. Palrrr Dd3Br�Mo6i1a Pmtaf�s—Fence Line ,
. Avaust�3� zoo� . � ,
� � PeQe 2 . . .
. As you�are aware, your rent control ordinance has kept our ren'Cs � �
� substan�ially�below market for years and to now expect our owner to
spend �25,OD0+would be an unrQasonabl� request.
�3. If�h� Water Districf and�Chaparral Cowntry Club wouid have fake�t oarE, of
� the�trees wi�en it was their responsibility, wa wouldn't be faced with this�
current dilemma. �
� Again, #he ownership af Paim Desert Ivlobile�Estates is more than willing to work� , �
wi#h the City but'there must be some abifity for ownership to pass along these .
unexpected.costs. �
, 5incerely, . �
;' �y6i� — , .
Illlark Bes�ire � � �
Regional Ptvperly Manager � � � '
. M�Ibm � .
' �mbOBl3bm � •
co: 6arbare Van Al�tine' �
Mika Mihefich,Attomey at I.aw . :
Homer Croy,,4asistant Gfyl Manager fo�pevelOpment Sehriaes .
Mark Graemuood,Dlfector Of Puhllc Worka
Petlro RodriBuez,Senlor Coae Gompll�nce Offl�ar � .
h o-os
.� �
Received ' Oct-19-O7 04:27pm From-9095945272 To-CITY OF PAL�I DESERT PaQe 07
16119/2067 16:20 96959452?2 B & C PAGE 07
�nK' m � �uu�
� fll �l DE � � R1
---p � C � � Y . 0 F P .
� �3�5J0 FRED�PRRiNG DPIVE '
� ' �ALM AESTRT, C,4LIPaRNtw 9zz6o—:.5 j g
''` �' • xp.t.: �60 346—o6�w .
�, ��x:�60 3ai-7o9g
g �p�p�][��GBCfC.Otg � .
• Nlay 17, 2007 � � . •
Mr. Mark Besire, Properly�Manager � � �
�Io Bessire and Casenhiser, Incorporated
430 S. San �imas Avenue . .
San Aimas; Califamia 91�73
Su6ject: Notice of Order to�Abate Iss�red May 3, 200�
Casi�No, 07-369 � . '
Dear Mr. Bessir�: �
This is i� response to your fetter dated May 14,.2007, wherein you re 4310 Pc�rtola.
appeal for the Qrder fio Abate that you received for prnperty address,
.Avenue, Palm Desert, Cal'rFornia. ' �
in an effort to foster goodwiil between all parties concemed, the City hereby rescinds
the Order to Abate dafiec! May 3, 200'�. Na further ac�tion will.be required on your part in
r�latlotl to this resainded notice tn abate. .
Thank you in�advance for yaur cooperation. Should you have any questions, please
� contact our office at (760) 346-0611, eXt. 477.
s. . . .
� Sincerely, � � .
��\\� ��• ,
\
Hayt H. Ponder. 3r. . � � .
Cade Compliance Manager .
cc: = Richard S. Kelly, Mayor �
� � Sheila Gilligan, Acting Ci'ly Manager �
Homer Croy, Assistant Gity Nllan�ger for Development Services
� �+ Amir Hamidzadeh,�Director of Buifding and Safety . .
Racheile Klassen, City Clerk � .
David Erwin, Gi�jr Atfior�ney
P�dro Rodriguez, Senior Code �ompliance OfFcer .
• � .
�•n�mn�oanmrue+; �
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, �. ' r� . � .
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, � manufac�sred ho�ring rnatu�grment and invuarre�nt�
� May 14, �007 . . . � , , ' .
� Racheile Itlassen ' . � � � . . �
. � City of Palm Desert � � .
City Clerk'S ��ice . � �
� � 73-5�0 Fred W�►ring Dr- ' . . � �
Palm Desert, CA 92260-2578 ' , .
Re: Palm Desert�Mobile �states—Appeal of Order�to A6aYe a Public Nc►isance
� � � � . � C�se No, 07�369
p�ar Ms..Klassen: � ' � � � � �
, We are in receipt of the Order to Abate a Pubiic Nuisance letter dated May 3, 2047 and
�received on Nlay 11, 2007) thafi was mailed ta us by Pedro Rodriguez Senior Code
� Compliance Officer for the City of Paim Desert and have the foilowing�comments.
'�. Pl�ase ch.ange your records to reflect that Mr. R���Van Atstine passed away
years aga.
�:.2. .P�lease change your files to re�lect we are (ocated at 430 S. San Dimas Ave., San
Dimas, CA 91773 and vur vffices have nvt been at?25 Br�ea Canyon Rd., #8 for �
� over 7+ years.�
�. In that tY�e Mobfle Home Park was built in the 1960's and has always been
� aperated as a Mobile H�me Park with a storag� area; we do'nat feel that fhis:is a
non-pe.rmitted storage area fhat can be ordered to be removed_ �
4: We da not feel that the Park�falls under Palm Desert Municipal Code�Chapter � ,
� 8,�40 that Pedro Rodriguez P.D. Code Ertforcement referenced in liis request
.letter dated March 28, 200 r. �. � ' � •
6. The type of screening that the Planning�pept., is requiring thE Parlc to install.to
the North Perimeter fence will cost w�ll over�60,000, and in addition the on-
going cost to maintain and water tlie trees and plants that would be�required_
6. Because the City of Palm Desert operates under rent control this could affecf f�he
� 'l�F�4 lower incom� families of Paim D���rt Mobile Estat�s that th�s� �ost would .
� be�passed onto. � . �
7. In trying to be a good neighbor we have submiited � fantlscape plan on April 27, �
� Z007 to Pedro Rodriguez, Ci�y of Palm Desert Code Enforc�ment and Tany �
Bagato, City of Palm Resert Planning Dept. that the Park owner would pay�for
with no pass thraugh to.the reside�ts of Palm De�ert Mobile E�tate�, this was
denied. . �
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Recaivad Oct-19-O7 04:27pm From-9095945272 To-CITY OF PALI� DESERT PaQe 09
10/19/2067 16:20 9695945272 B & C P�GE 09
� �City�ofPalm Desert � � ' � �
• . Clty Clcrls'a Ofi`ice . '
Palm Desert Mabile 6stetes—Appea!of Order to.0.bate a,Publlc�Nuissnce; Case No. 07�6A . •
Mey�a, aoo� . � .
. Rege 2 � • � .
8. Pl$ase keep in mind that,the history of�the trees that were removed ev�en when .
� �Ghap�rrai Country Cl�ub awned the,property was that they were�never maintained
, on a regular basis. The .only time anything wauld be done is if we.confiacted�the �
' � � prqperty�owner fio complain. With this in mind, in December�2006, we once again
es�ntacted fhe CQ�chell� Valley Wat�r aistrict which we.have d'one many #imes in
� . the past to take care e�the Health and Safei�y�issues�that their trees were � . �'
� � creating to our stvrage area and with no notice t� �nyone, nat even a call, the .
Wai�er Ristrict in one day took down�all the�trees along the �,350 ft. of our North
� perimeter fence. �. . � , �
With the above menfioned we respeatfully would like to Appe�l the Or�der�to Ab�te thaf .
wa,s dated May 3, 2007 and �Receiv�d on May 11, 2007) Case No.07-369. �
If s'omebody�from your nffiae couid�contact me with directions on how to move forward �
. with the appea► prvicess, that would be a big help. �. � � .
� If you, ha�e any questions, I can be conta�ted at: .�
Bessire 8� Gasenhiser,,.lnc,
• � �43D S. San,dimas f+ve, �
� � San Dimas, CA 91?73 � � .
� Phone: (909�) 594�0501 1 Fax: (909) 594-5272 �. � ..
. � � . . � � . � � �
� 5incerely,. . � � � �
. � �
�'Mark Bessire . � , , ..
�Property Manager � � , �
� ;,':'MBlbni � . � . • ,
I'nba514hm � • ' . � �
oc, Podro Rod�IgueL,G�ty aF Paim Desorl Gode Errf�rCeRlent
Bsrbol�a Von AI�llnra � � . , ,
Mike Mihelioh,Atiorney at Lew ' , .
' 1 a-05 '
Racelved �Oct-18-07 04:27pm From-8085845272 To-CITY OF PALM DESERT Pa�a 10
Z0/19l2907 16:20 90959452?2 B & C PAGE 19
• � . . ' � � �
• ' . . � • � . ! � '.� • . . � .
, , : ' ,. ' ' ' . � � • � '
. �i�5�'J��'►� :��"d� �S�l`'��Q05�P:� flh�l�. ' • ' .�
' . � . ,. .. maiaufacaur�d hvusir�g managrnicnz�a�d invc�rruna�' . . • .
. . . • . � • , � �, , � ,
�, ' Apri123, 2a�07' . � ' � . . . � . � � , � � � . ,
� . � Mr. Pedro Rodriguez . . , . ' � � .
� �� City of palm Desert . � �� � � . �� . . . � . � � �' �
. � �73-�10 Fred Waring Drive . . . , � � �, . � . � � �. � �
� . Palm Desert; CA�92260-2578.� . � � � � � , �� � , .� :
� � Re: Palm Des�e�'t Mobile Estates— P�posed Plan�ing along St.arage Area Fence Line �
. ' � pe�r Nfr. Radriguez: � .� ' � ;. � . � . � . . , � .
� � � In tha�we sfill cannot see where th� stcrage area at Palm Deserf.Mobile`�sta�es falls .
� �ander the Code Sectipn�yaw referenced irr your I��ter dated Niarch 2�9,.2007, i.e., ��� � . ,
� Chepfer 8.40 of tlie Palm Desert Municipal Code-��and ther� has been�no r�sponse to ,
. our let��r d�ted April 4, 2007, we respectFully pfopose�the folla�ving, vuith�no Pass . �� � ,
�. through o�f cost to oWr 144 lovver in�ome families of Palm Desert Mobile Esta4es. � ,
fn an effort to remain�a goacl neighbor with the surrounding communities, Palm�Desert. �
. • • Mobile ��stafi�s prop�oses tv install.a drip syst�m�and ptant.1 •gal. T�comaria Capensis��
; (C��qe Honeysuckie) every 5 ft. the'entire 1,359.37 ft. af tHe north per.imeter fen�e �lin� of
the�storage area��and maintain it on a regular basis. $ee Attachment. . � .
� If this is acceptable, we laohc'Forward �o. your written approval so we can start work as� �
soon as possible. . � , � . ' ,. � . . ' " .� . .
' � � 3incere,ly, ' . . � � . . . • � .
.�. `i� � � � � • . . , � , .
����� . .
Marlc Bessire � � � .� , � �
. Propertiy Mansg�r . � � � � . . � .
'MB1bm • : � ' '
� mbD423bm . • . . . , . � , .
�ttacnmenr. P�Im 096@rt Mabila Est�tes Map deplc�lnp fonoa Ilne ' �. � ,
. '�c: ; A1105.F�arbare Ven Alsttne • . . � . . • , , ,
� Dlcls�Besslre ' ' . • .
Mlke Mlhmlloh,Attornay at Law • , .
�o-os � . � �
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, �••�ta�t'1' '" �•' IF '"�� °vui/�7�:'�°��l�.L:iwr:��.,.'��.
Received Oct-19-O7 04:27pm From-9095845272 To-CITY OF PALI� DESERT PaQe 11
� �
� � i{:���'�{�.v
CiT Y :.L��f�'S QFFICE
PA.'f� C?�.SE�cT, CA
manufactured housing management and investments ���1��� 22 ��y 2: 29
October 19, 2007
City of Palm Desert
Attention: Rachelle Klassen
City C/erk's Office
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Re: Palm Desert Mobile Estates— Response to Staff Report on Notice to Abate
Appeal from Palm Desert Mobile Estates
To Whom It May Concern:
In response to the staff report that was submitted by Pedro Rodriguez Senior Code
Compliance Officer on October 11, 2007, we would like to add:
Response to Recommendation:
We feel that Palm Desert Mobile Estates storage area has always been a permitted use
/ amenity that was covered under the original Conditional Use Permit that was filed with
the County of Riverside over 40 years ago.
Response to Backqround:
Over the years Palm Desert Mobile Estates had to put Chaparral Country Club on
notice then CVWD, upon their acquiring of the property, as to the hazard these
Tamarisk trees were causing. They would then send out a crew to trim just enough to
eliminate the problems.
In December of 2006 Palm Desert Mobile Estates once again contacted the CVWD to
let them know it was time to take care of there trees, and with NO PRIOR NOTICE TO
ANYONE the 1,400 feet of 40 foot Tamarisk trees were removed within two days.
Mr. Rodriguez states that; the only commitment Mr. Bessire has agreed to is to provide
one-gallon plants and a drip irrigation system for the cost of$3,000 including continued
maintenance of the plaints. Then Mr. Rodriguez continues with; Mr. Bessire stated he
intended to then pass this capital improvement cost onto his residents through the rent
control review process. This is an incorrect statement, as you can see by the attache
letter that was sent to Mr. Rodriguez on April 23, 2007 (see attachment) we had no �
intention to pass through the above mentioned costs to the residents of PDME. �m
� , � x � �
?�� ,,,�� 9U9-594-0501 • Fax 909-594-5272 • 430 South San Dimas Ave[�t�e + S�t�L?imas, CA 91773
��-� . � � � _ �
City of Pa/m Desert
Attention:Rachelle K/assen;City Clerk's Office
Pa/m Desert Mobile Estates—Response to Staff Report on Notice to Abate Appea/from Palm Desert Mobile Estates
October 19, 2007
Page 2
Response to Chronoloctical List of Events:
From February 15, 2007 to March 29, 2007 Mr. Rodriguez states that; there has been
no action on behalf of Mr. Bessire. We disagree, in that I contacted Pete Vasquez code
enforcement officer from the Department of Housing and Community Development and
had him meet with myself and Mr. Rodriguez at PDME on March 8, 2007 to discuss the
jurisdiction issues and what roll they play in regards to the storage area.
May 14, 2007: PDME Appeal of Order to Abate was sent to Rachelle Klassen from the
City Clerk's Office. Attached you will find a copy of the appeal letter dated May 14,
2007. (see attachment)
May 17, 2007: PDME received a letter from Hart H. Ponder, Jr. Code Compliance
Manager for the City of Palm Desert that rescinded the Order to Abate that was dated
May 3, 2007, (see attached) Mr. Ponder also stated that; no further action will be
required from PDME in relation to the rescinded notice to abate. In addition Mr.
Rodriguez states that; the Order to Abate dated May 3, 2007 was rescinded due to
negotiations befinreen the City, CVWD, and myself. This is incorrect, I was not aware
that I was involved in any negotiations during this time. From May 3, 2007 to July 26,
2007 I was not involved in any negotiations or discussions in regards to the storage
area.
July 26, 2007: PDME was contacted by phone by Mr. Rodriguez and he informed us
that Carlos Ortega the City Manager would like to have a meeting on July 30, 2007 to
discuss the PDME storage area, which we agreed to.
August 13, 2007: We did go on record dated August 13, 2007, (see attached letter)
that was sent to Carlos Ortega, City Manager that we were even willing to install the
required wall but also went on record we would be requesting the Rent Review
Commission for a Capital Improvement pass through for this governmental required
improvement. It should also be noted if you restrict us from having monthly storage
rentals, it will effect Palm Desert Mobile Estates bottom line NOI which then would be
cause for a second Rent Review Commission hearing resulting in higher rents for the
lower income residents of Palm Desert Mobile Estates.
Conclusion:
Palm Desert Mobile Estates has always operated with a permitted storage area since its
conception, we feel that the demands that are now being placed on us to remove the
storage area or put up screening along the 1,400 feet of fence line at a cost of$25,000
to $100,000 plus continual maintenance is unreasonable at this time.
City of Pa/m Desert
Attention:Rachelle K/assen;City C/erk's Office
Pa/m Desert Mobile Estates—Response to Staff Report on Notice to Abate Appea/from Pa/m Desert Mobile Estates
October 19,2007
Page 3
It should also be noted that when the City of Palm Desert passed a local ordinance to
not allow RV's to be kept at single family homes that is when we were asked to allow
non occupants area residents to rent RV spaces at Palm Desert Mobile Estates.
We are more than willing to work with the City and our neighbors but there must be a
middle ground in that all we ever asked for was for the neighbors to keep their trees
trimmed.
Sincerely,
i�%��- -
Mark Bessire
Regional Property Manager
MB/bm
mb1019bm
Attachments: Copy of B&C letter dated 4/23/07(1 pg.)
Copy of B&C letter dated 5/14/07(2 pgs.)
Copy of letter from City of Palm Desert dated 5/17/07(1 pg.)
Copy of B&C letter dated 8/13/07(2 pgs.)
cc: Richard S.Kelly,Mayor and City Counsel
Hart Ponder,Code Compliance Manager
Pedro Rodriguez,Senior Code Compliance Officer
Homer Croy,ACM Development Services
Carlos Ortega,City Manager
Lauri Aylaian,Director of Community Development
David Erwin,City Attorney
10-05
� �.� �
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������� :���`��i ' fr',�'``U���`�'��,�'�����;,,< ��:1�.
. ' munufacz:cre�.'housing management and inve.rtments '
April 23, 2007 �
Mr. Pedro Rodriguez � .
Gity of paim Desert
73-510 Fred Waring Drive �
� Pafm Desert; CA 92260-2578 .
Re: Palm Des.erd�Mobile �s�ates — Proposed P�anting+ alon,� Storage Area Fen�� L.in�
Dear Mr. Rodriguez:
In that we still cannot see where the sforage area at Palm Desert Mobile Estates fails
under the Code Section�you referenced in your letter dated March 29, 2007, i.e.,
Chapter 8.4D of the Paim Desert Municipal Code— and there has been no response to
our I�tter dated April 4, 2007, we respectFully propose the following, with.no pass �
through of cost to our 144 lower incame families of Pafm desert 11/lobile Estates. •
In an effort to remain a good neighbor with the surraunding communities, Pafm Desert
Mobile Estates proposes to instafl a drip system and plant � gal. Tecomaria Capensis
(Cap�e Honeysuckle) every 5 ft. the enfire �,359,37 ft. of tlie north perimeter fence (ine of
the storage area and maintain it on a regular basis. See Attachment. '
If this is acceptable, we fook forward to your written approval so we can start work as
soon as possible.
S.incerely, .
�. �
,�'"�,/�� �
��
Mark Bessire
Propertjr Manager �
MB/bm
mb0423bm
Attachment: Palm Desert Mobile Estates Map depicting fence line
cc: Mrs.Barbara Van Alstine
Dicic Bessire �
Mike Miheiich,Attorney at Law
10-05 •
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manufacturea'housing mana gement und s n v e s t m e n t s
May 14, 2007 �
Rachelle Klassen
City of Palm Desert
City Clerk's Office
73-5�0 Fred Waring Dr.
Paim Desert, CA 92260-2578
Re: P'afm Deser�Niobile Estates— Appea!of Orafer to Abafe a Public Nuisance
Case Nc�. 07-369
Dear Ms. Klassen:
We are in receipt of the Order to Abafe a Public Nuisance letter dated May 3, 2007 and
(received on May 11, 2007) that was mailed to us by Pedro Rodriguez Senior Code
Compliance Officer for the City of Pafm Desert and have the folfowing comments.
1. Please change your records to reflect thaf Mr. Ray Van Alstine passed away
years ago.
2. . Please change your files to reflect we are located at 430 S. San Dimas Ave., San
Dimas, CA 91773 and our offices have not been at 725 Brea Canyon Rd., #6 far
over 7+ years.
3. In that the Mobile Home Park was built in fhe 1960's and has always been
operated as a Mobile Home Park with a storage area, we do not feel that this is a
non-permitted storage area that can be ordered to be removed.
4�. We do not feel that the Park falls under Palm Desert Municipal Code Chapter
8.40 that Pedro Rodriguez P.D. Code Enforcement referenced in his request
fetter dated March 29, 2007,
5. The type of screening that the Planning Dept., is requiring the Park to install#o
the North Perimeteo-fence will cost well over $60,000, and in addifion the on-
going cost to maintain and water the trees and plants that would be required.
6. Because the City of Palm Desert operates under rent control this could affect the
�44 lower income families of Paim Desert IVlobite Estates that these cost would
be passed onto.
7. In trying to be a good neighbor we have submitted a landscape plan on April 27,
2007 to Pedro Rodriguez, City of Palm Desert Code Enforcement and Tony
Bagato, City of Palm Desert Planning Dept, that the Park owner would pay for
with no pass through to the residents of Palm Desert Mobile Estafes, this was
denied.
'�'909-5.9,4 0501�• Fax�909 5�J4 52'72 • 43O;South"San Dimas�Avenue=�b:�an Dimas, �A`91773::
City�of Palm Desert
City C/erk's Office
Palm Desert Mobile Estates—Appea/of Order to Abate a.Publrc Nursance; Case No. 07-369
May 94, 2007
Page 2
S. Please keep in mind that the history of the trees that were removed even when
Chaparral Country Cfub owned the property was that they were never maintained
on a regular basis. The only time anything would be done is if we contacted the
property owner to complain. With this in mind, in December2006, we once again
contacted the Coachella Valley INater District which we .have done many .times in
the past to take care of the Health and Safety issues that their trees were
creating to our storage area and with no notice to anyone, not even a call, the
Water District in one day took down all the trees along the 1,350 ft. of our North
perimeter fence.
With the above mentioned we respectFully would like to A
was dated May 3, 2007 and (Received on May 11, 2007) Case No.07r 369° Abate that
If somebody from your nffice could contact me with directions on how to move forward �
with the appeal process, that would be a big help.
If you have any questions, I can be contacted at:
Bessire & Casenhiser, lnc.
430 S. San Dimas Ave.
San Dimas, CA 91773
Phone: (909) 594-0501 / Fax: (909) 594-5272
Sincerely, ,
�,�� -�-�'
, ��,�
� r
Mark Bessire
Property Manager �
� MB/bm
mb0514bm
cc: Pedro Rodriguez, City of Palm Desert Code Enforcement
Barbara Van Alstine
Mike Mihelich,Attorney at Law
10-05
AdIh1G � � �Ul�E '
� c � 1y � P � E � � �
� . 73-5to Fx�D W�urrc D�
'�?c- r�` PALM DESERT, CAr.iFoxtv�92zbo—z578
` TEL: �60 346—o6ii
:
F.�x: �60 34i-7o98
info C>palm-desert.org
May 17, 2007
Mr. Mark Besire, Property Manager
c/o Bessire and Casenhiser, Incorporated
430 S. San Dimas Avenue
San Dimas, California 91773
Subject: Notice of Order to Abate Issued May 3, 2007
Case No. 07-369
Dear Mr. Bessire:
This is in response to your letter dated May 14, 2007, wherein you request to file an
appeal for the Order to Abate that you received for property address, 43101 Portola
Avenue, Palm Desert, California.
In an effort to foster goodwill between all parties concerned, the City hereby rescinds
the Order to Abate dated May 3, 2007. No further action will be required on your part in
relation to this rescinded notice to abate.
Thank you in advance for your cooperation. Should you have any questions, please
contact our office at (760) 346-0611, ext. 477.
Sincerely, �
�\\\\�� \��
Hart H. Ponder, Jr.
Code Compliance Manager
cc: Richard S. Kelly, Mayor
Sheila Gilligan, Acting City Manager
Homer Croy, Assistant City Manager for Development Services
Amir Hamidzadeh, Director of Building and Safety
Rachelle Klassen, City Clerk
David Erwin, City Attorney
Pedro Rodriguez, Senior Code Compliance Officer ,
Z°OwqnixrtoaNe[au[orum . � '
y
� . �. . . . �. . . . . . � .
�.. '� ^lil.. ' � � ' � � ,
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manufact�ured housing management.and investment.c
� August 13, 2Q07
Mr. Carlos L. Ortega
City Manager
Ciiy of Palm Desert �
73-510 Fred Waring Drive �
Palm Desert, CA 92260-2578
Re: �'alm Desert Mobiie Estates — Fence Zine
Dear Mr. Ortega:
First of all, wouid you please change your records to show that I am the Regionai
Property Manager for 9�alm Deser� Nfobile Estates, not Portola Mobile Estates
as indicated in your letter dated 8/9/07.
In response to your letter of 8/9/07, where you propose the City of Palm Desert,
the Water District, and Palm Desert Mobile Estates split the casf of the
construction for the drip irrigation system and trees based on a one-third share of
the cost, esfimated cost approximately $75,000, we have the follow'tng
comments.
't. As you are aware we did agree to install�a new irrigation sysfem and plant
� galfon pfants every 5 feet along the 1,400 feet of our north perimeter
fence .fine at an estimated cost of$3,000.
We are sfill willing to incur that expense with no pass through to the
residents of Palm Desert Mobile �states.
2. However, if you want Palm Desert Mobile Estates to participate on a
� '/ - "/� - "/3 basis, we rnust request that we be allowed to pass through
these costs to our residents in the form of a "Capital Improvement" pass
through under your local ordinances, If aflowed Palm Desert Mobile
Estates will also agree to maintain the new trees on an on-going-basis,
with the assistance of the Water District supplying fhe water.
. . . ,,, ,:. _._ _
,
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. ., _. .,.,„ ,._ :� „ .... _
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Mr.. Carlos L. Ortega; City Manager(City of Palm Desert)
Palm Desert Mobile Estates—Fence Line
August 13, 2007
Page 2
As you are aware, your rent control ordinance has kept our rents
substanfially below market for years and to now expect our owner to
spend $25,000+ would be an unreasonable requesf.
3. If the Water District and Chaparra.l Country Club would have taken care of
the trees when it was their responsibility, we wouldn't be faced with this
currenf dilemma.
Again, the ownership of Palm Desert Mobile Estates is more than wiliing to work
with the City but there must be some ability for ownership to pass along these �
unexpected costs.
Sincerely,
�.—. �'���
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Mark Bessire �
Regional Property Manager
MB/bm •
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cc: Barbare Van Alstine
Mike Mihelich,Attorney at Law
Homer Cr�y,Assistant City Manager for Development Services
Mark Greenwood,Director of Public Works
Pedro Rodriguez,Senior Code Compfiance OfFicer
7 D-05