Loading...
HomeMy WebLinkAbout2013/11/19 Item 16 Additional Information Robin Madaffer, Esq. Justine Nielsen, Esq. Lynne Heidel, Esq. Of Counsel Writer’s Email: robin@sdlandlaw.com Writer’s Direct: (619) 239-7603 1620 Fifth Avenue, 4th Floor San Diego, CA 92101 www.sdlandlaw.com Office: (619) 239-7600 Fax: (619) 239-7605 November 18, 2013 Via Electronic Mail Mayor Cheryl Cox and Members of the Chula Vista City Council c/o Ms. Janice Kluth, Senior Project Coordinator Department of Redevelopment and Housing City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Email - JKluth@ci.chula-vista.ca.us Re: DRC 12-15 – The Colony; November 19, 2013 Agenda Item No. 16 Dear Mayor Cox and Councilmembers: Our firm represents Sara E. Smith Corporation, LLC (Smith), owner of the Casa Corona Apartments located at 435 Church Avenue in Chula Vista. Smith has serious concerns about The Colony Project, referenced above, (Project) and its impact on access, traffic, air quality and other legal and environmental issues. In good faith, Smith worked with the property owner, Sweetwater Union High School District (SUHSD) and its representative Chuck Diamond (Diamond), to attempt to resolve these concerns. However, it will not be possible to formalize a written agreement prior to the November 19, 2013 Chula Vista City Council hearing. The purpose of this letter is to document the understanding Smith has reached with SUHSD and Diamond, and the process for memorializing the terms of the agreement and access easement. Notwithstanding the verbal agreement with Diamond, the SUHSD Board as the owner of The Colony property, must approve the written agreement and access easement. We understand that SUHSD Board intends to consider the agreement and access easement at its December Board meeting. For that reason, Smith reserves any and all legal rights Smith has to object to the Project, including but not limited to filing litigation to preserve legal access rights and enforce compliance with the California Environmental Quality Act. November 18, 2013 Page 2 The following is a summary of the terms of the agreement between Smith and SUHSD, as negotiated with its authorized representative, Diamond: 1. Casa Corona Apartments’ Access  SUHSD will record a non-exclusive, permanent and irrevocable easement (“Easement”) to Smith which will provide for rights of access to Smith and the Casa Corona Apartment tenants to use the proposed private driveway (“Driveway”) for vehicular ingress and egress that is to be constructed between Church Avenue and Alvarado Street. Furthermore, the Easement will include a provision that any future developer of The Project will provide Smith access cards and/or codes only to the Driveway control gates allowing Smith and its tenant’s vehicle ingress and egress access to the Driveway. Smith and /or its tenants shall have no access to The Project’s entrance into its physical structure.  Notwithstanding the aforementioned, said Easement shall terminate if the Casa Corona Apartments are completely and intentionally demolished for purposes of redeveloping the Casa Corona Apartments site in the future. 2. Private Driveway Gates  The Easement will provide for two access gates that restrict vehicular ingress and egress through the new private driveway (Driveway) between Church Avenue and Alvarado Street will remain in closed position at all times except those times that the Project’s Owner and/or its agents need to maintain either one or both of the Driveway Gates. 3. Parking  SUHSD agrees not to oppose the formation of a parking district on Church Avenue and will agree that the Project will not be included in such a parking district, if and when it is created by others, nor will it be eligible for parking permits on Church Avenue. 4. Landscaping  SUHSD agrees to construct a minimum four (4) foot wide landscape strip (Landscape Area), subject to the City of Chula Vista’s approval since the Landscape Area is within the City’s right of way along Church Avenue. Said Landscape Area will be on The Project’s side of Church Avenue. Landscaping will include street trees, shrubs and ground cover of the same type and approximate spacing as currently shown on the landscape November 18, 2013 Page 3 drawings adjacent to the new private driveway between Church Avenue and Alvarado Street, except that the applicant will make its best efforts to plant trees that will have a broad canopy to help mitigate the visual impact of the parking structure at the street level. (e.g. – preference is not to have palm trees. SUHSD agrees to use its best efforts to obtain any necessary approvals from the City of Chula Vista to comply with this landscaping condition. 5. Equipment Screening  SUHSD agrees to include visual screening of all rooftop and other mechanical equipment, including HVAC, mechanical ventilation and similar devices, and all mechanical equipment shall be in compliance with City noise regulations. 6. Construction Debris  SUHSD agrees to provide a power wash of the Casa Corona buildings after construction has been completed in order to help mitigate the resulting construction dust. All of these terms shall be binding upon successive owners and developers of The Colony Project. Very truly yours, SAN DIEGO LAND LAWYERS, INC. ROBIN MADAFFER cc: Chuck Diamond, HTI Property Group (chuck@htipg.com) Members of the Tom Calhoun, Chief Facilities Executive SUHSD (Thomas.calhoun@sweetwaterschools.org) Members of the Sara E. Smith Corporation, LLC Board . . INri-4}en co�,w�. I-{-�v►1� I� � Jerry Thomas 1339 Second Avenue Chula Vista CA 91911 iemthomasBCa�cox.net Nov. 19, 2013 Chula Vista city council The most intensive investigation of corruption ever undertaken in the United States was carried out by the Knapp commission in the early 1970s. The commission was in response to the revelations supplied to the local press by two outraged policeman Frank Serpico and David Durk, who found a pervasive pattern of corruption. It was not a case of a few "rotten apples". The commission did distinguish between degrees of corruption. It classified the corruption into two groups — MEAT EATERS and GRASS EATERS. The "meat eaters" were the truly aggressive who sought to squeeze every possible advantage from their position. The "grass eaters" took a much milder approach, confining themselves to accepting gifts, discounts, meals, and other favors. The grass eaters were the real problems. Their minor corruptions created a tolerance that allowed the worst activities of the meat eaters to flourish. Anyone reading the grand jury reports can see that SUHSD board lacks moral criteria and principles. SUHSD 'trustees' lack of ethics is destroying the Sweetwater union high school district. They have undermined truth, constantly lie, and lack any sense of moral responsibility. Individual citizens are responsible that government is good' if the government is ignorant, reckless and corrupt, it is because people tolerate ignorance, recklessness and corruption. Sep13,2013 Question --- Jerry Thomas The developer wants a large number of apartments in the space available, to do this he has allocated little amount of land to parking. The developer wants to achieve maximum yield and the community is stuck with the parking problems. The developers' financial concerns should not override the parking realities — either in the present or the future. The city will be stuck with too many vehicles, too few parking spaces and a city that is not able to do a thing about it. I would like to know how this project will add to the peaceful harmony in the community and how the developer is going to solve his projects parking problems.