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HomeMy WebLinkAbout2009/07/14 Additional Information .....---' \J\..A 'us ,,~ .,1tl-jl~a ~VEh!'liE ~ "ll.\..AG~ , THIRD A VENUE VILLAGE ASSOCIATION 353 Third Avenue Chula Vista, CA 91910 (619) 422-1982 Phone (619) 422.1452 Fal.:similc W\V\V ,I h i rda\'CIllIt':v i Ilm.!.e.l:Olll 2009 Board of Directors Glen Googins President Greg Mattson ~ Past President Adam Sparks - Vice President Greg Smyth - Secretary Michael Green - Treasurer Eric Crockett Carl Harry Betsy Keller Sherry Mestler Lisa Moctezuma Tom Money Ian Trotter EXECUTIVE DIRECTOR Steve Eastis EVENTS & MARKETING MANAGER Vanessa Barron ADMINISTRATIVE ASSISTANT Heather Marshall .~, Mayor Cheryl Cox and Council 276 Fourth Avenue Chula Vista. CA 91910 Re: Chula Vista Chamber of Commerce Tourism and Marketing District Proposal To the Honorable Mayor and members of the Chula Vista City Council, At its July I meeting, the Board of Directors of the Third Avenue Village Association unanimously voted to support the proposal to create a Tourism and Marketing District. The Board commends the Chula Vista Chamber of Commerce for its initiative in creating this proposal. Members of the Board have commented that this is an ideal form of "self help". The TMD is very similar to the Property Based Improvement District (PBID) finance mechanism that supports TA V A activities and efforts to maintain and promote the Village. The Board urges you to enact this ordinance as proposed. Regards, c , Glen R. Googins President Third Avenue Village Association Board of Directors ,,\.I\../\ IriSi"'- v~~ :THIRO:AVENU'E. ~ l<!~L,AG\!.: . THIRD A VENUE VILLAGE ASSOCIATION Mayor Cheryl Cox and Council 276 Fourth Avenue Chula Vista. CA 91910 353 Third Avenue Chula Visla, CA 91910 (619) 422-1982 Phone (619) 422-1452 Facsimile Re: Mountain West Proposal www.thirJavenuev i llal!t:.L:ol1l To the Honorable Mayor and Members of the Chula Vista City Council, 2009 Board of Directors Glen Googins President Greg Mattson - Past President Adam Sparks - Vice President Greg Smyth - Secretary Michael Green - Treasurer At its July 1,2009 meeting, the Board of Directors of the Third Avenue Village Association unanimously voted to support the proposal to change the Gateway specific plan to allow educational training and other uses as requested by the applicant. It is felt that this project development is sorely needed and that it will lead to important future developments. Eric Crockett Carl Harry Betsy Keller Sherry Mestler Lisa Moctezuma ~ Adam Sparks Third Avenue Village Association Board of Directors Tom Money Ian Trotter EXECUTIVE DIRECTOR Steve Eastis EVENTS & MARKETING MANAGER Vanessa Barron ADMINISTRATIVE ASSISTANT Heather Marshall ~=~ Kimley-Hom and Associates, Inc, July 14, 2009 Mr. Jeff Steichen City of Chula Vista 276 Fourth A venue Chula Vista, CA 9]910 Re: Briggs Law Corporation letter dated July 13'10, 2009 from Mekacla M, Gladden Dear Jeff: We received from you via email today the attached letter from Briggs Law Corporation, We feel that our project and the associated Mitigated Negative Declaration (MND) adequately address the concerns discussed in this letter. Please find below our responses to Attachment I of the above referenced letter: I. Air Quality A. Toxic Air Contaminants I, 11 should be noted that the Project involves a redevelopment of an existing Target retail store, as opposed to construction of a new Target store, Based on guidance from the South Coast Air Quality Management District, which is used as a guide for many lead agencies including the City of Chula Vista, health risk assessments to address diesel particulate matter are typically required for those projects that generate substantial truck traffic; specifically, for warehouse distribution centers and truck stops. The Project would involve neither activity. While the Project is not a warehouse distribution center or truck stop, a health risk assessment could be recommended if truck traffic were to increase substantially over existing levels, however this will not be the case, Operations at the existing Target store involve vehicle travel. both from retail customers and delivery vehicles. The overall increase in ADT is 600, Based on the URBEMIS Model runs, light-heavy diesel, medium-duty diesel. and heavy-duty diesel tfuck trips would only comprise 2 percent of the total net A DT for the project, or 12 trips per day. This amount of trips is not a substantial increase over existing levels. However~ the Target store projects that it wquld only receive one heavy-duty truck delivery per day because Target receives its deliveries from one location only rather than from multiple locations, That would not be different frolll the existing Target retail store deliveries. Thus. Dll TEL 619 234 9411 FN: 619 234 9433 ill 401 B Street Suite 600 San Diego, California 92101 ~1liIII" ~_r-.:'i Kimley-Horn and Associates, Inc. Mr. JeffSlcichen, July 14.2009. Pg.:2 there would be no net increase in diesel particulate emissions associated with the Project and no health risk assessment is warranted. 2. The location of the schools is noted; however, there is no specific requirement under CEQA that schools within a specific distance of the project be identified in an air quality report. 3. In the calculation of net emission increases associated with the Project above the existing Target retail store, the URBEMIS Model estimated a net increase of 4.98 Ibs/day of particulate maner from all traffic associated with the project. Of that increase, the majority is attributable to road dust from vehicles traveling on the road during operations, not to diesel particulate emissions. Based on the additional truck trips estimated using the URBEMIS Model (12 trips as described above), the amount of PM I 0 attributable to diesel particulate emissions from truck traffic would be 0.07 Ibs/day (per the attached URBEMIS Model runs). which would not be a substantial increase in diesel particulate emissions. As discussed in the response to comment A.I., however. there would be no increase in truck deliveries anticipated over the existing Target retail store~ and no increase in diesel particulate emissions would therefore result. B. Ambient Air Quality I. The Air Quality Technical Report does acknowledge that the region is a nonattainment area for the NAAQS for ozone, and a nonattainment area for the CAAQS for ozone, PM2.5, and PM I O. The comment fails to recognize that an EIR is not required for every project that is proposed in a nonattainment area. A Mitigated Negative Declaration is appropriate if the Project's impacts are less than significant. It should again be noted that the Project involves redevelopment of an existing Target retail store, not construction of an entirely new Target retail store. According]y~ the air quality assessment appropriately evaluates the net emissions increases associated with the redevelopment of the Target retail store. The air quality assessment indicates that the ProjecC s emissions are less than the City of Chula Vista's significance thresholds, and concludes that the Project would have a less than significant impact on the ambient air quality. 2. The existing emissions from the existing facility are already part of the background ambient air quality in the Chula Vista region. The Project is the redevelopment of the existing Target retail storc~ not [:J=~ Kimley-Horn and Associates, Inc. Mr. JcffStcichen, July ]4.2009, Pg. 3 construction of an entirely new facility on an undeveloped site. As stated above, tbe net emission increases associated with the project would be less than the City'S significance thresholds. The expansion would not result in a significant increase in emissions. C. Global Climate Change ]. It should be noted on Page 30 of Air Qua/ity Assessmenf pir the Clw/a Vista Target Cenfer Project prepared by SRA dated March 6, 2009 that the 900 metric ton emission level is proposed by CAPCOA as a level below which a projcct would not be required to implemcnt GHG emission reduction measures~ and is not a regulatory significance threshold that has been adopted by the City of Chula Vista. Typical evaluations are adopting a threshold of consistency with the goals of AB 32. The ARB has suggcsted a level of 7,000 metric tons of C02e, and the SCAQMD has suggested a level of 10,000 metric tons of C02e as levels at which significance for certain projects could be evaluated. The calculation of emissions presented in the GHG analysis that indicates that emissions would be 10.337 metric tons/year of C02e are based on "business as usual" conditions for the Project not accounting for reductions in GHG from the existing Target retail store~ nor accounting for any measures that would reduce GHG emissions from the Project's operations. Operational emissions were calculated for the increased facility's operations, and were estimated to be 2,057 metric tons/year of C02e under "business as usual" conditions. This level would be well below both the ARB and SCAQMD suggested thresholds. However, these draft numeric thresholds are presented merely for purposes of quantitative comparison. As discussed below. the MND utilizes AB 32's GHG emissions reduction requirement as the perfonnance-based threshold against which to evaluate the significance of the project's GHG emissions. 2. The project will implement GHG emission reduction measures in its building design, some of which are listed in Table II in the Air Quality Technical Report. These measures include thc following, and help the project to meet AB 32's GHG emission reduction goal: . Target has reduced the light fixtures in stores from four lamps to three lamps and is currently piloting an updated program to convert three lamp fluorescent light fixtures to two lamps without compromising light levels in the store. All light fixtures use high efficient T8 lamps with electronic ballasts and low mercury bulbs. The sum of these upgrades has resulted in a reduction in energy consumption for lighting in the sales and P"""IIIE ,~ ~ 1BIIl__-.'j Kimley-Horn and Associates, Inc. Mr, JdTStcichcn, July 14, 2U09, Pg. 4 office areas of 50% below what energy use would be without these upgrades. . Target has also replaced neon lights with light-emitting diodes (LEDs) for all exterior signage which reduces exterior signage encrgy usage by 80% below what it would be without these replacements. . Target has implemented motion-sensor lighting in stockrooms, offices, and team break rooms which has resulted in energy reduction of 60% below what it would otherwise be to light these areas. . Lighting. refrigeration equipment, heating and cooling equipment, and exhaust fans account for over 800/0 of the energy consumption in each of Target's stores. To reduce stores' energy demands, Target uses an integrated energy management system ( EMS). The system is centralized and controlled at Target Headquarters. allowing for implementation of company-wide energy policies and to trouble-shoot existing systems. The EMS is monitored on a full-time, 24-hour basis to verifY that all systems confonn to specified parameters. This integrated system has reduced total energy consumption nationwide by more than 8% of what it would be without the system. Not all of the measures proposed are currently quantifiable; however, energy use. and therefore emissions, would be reduced to a level that is consistent with the goals of AS 32. Target is also continuing to develop its sustainability practices, and will implement these practices in development of the new Target retail store. It is important to note that this project is a redevelopment of an existing Target retail store, which was c.onstructed in accordance with older building practices. The new Target retail store will be constructed to meet new energy efficiency standards as discussed above, and would be consistent with AB 32. Thus, the project design features and emission reduction measures reduce greenhouse gas emisslons to a level that is less than significant. 3. Under CEQA, it is appropriate to evaluate significance of a project based on its consistency with the goals of AB 32. The comment indicates that emission reductions from vehicles would not be realized until 2020; however. it should be noted that the emission reduction goals within AB 32 are based on a target date of 2020. It is therefore appropriate to evaluate emission reduction measures that would be realized by that date to evaluate the project's consistency with AB 32. The SDCGHGI report does indicate in Table 2 that the combination of the 2005 CAFE standard (15%). low-carbon fuel standard (11%), and Pavley standard (6%) would contribute an J1l!P1... ~ 'i'1"11 llt:.J I!!ilil1l U Kimley-Horn and Associates, Inc. Mr. JcffSteichcn, July 14,2009, Pg. 5 overall reduction of 32% to the required reduction in GHG emissions from vehicles of 46% to achieve the AS 32 targets by 2020. Therefore, the analysis does not overestimate the level of mitigation and uses an appropriate means of evaluating the Project's consistency with AS 32. 4. The Project is a redevelopment of an eXlstmg Target retail store which is an existing source of GHG emissions and, if not redeveloped, would continue to emit GHGs. Therefore, it is appropriate to evaluate the signiticance of the Project's impacts on the emissions of GI-IGs relative to the existing Target retail store. As discussed in the GHG evaluation. GHG emissions would be reduced to less than emissions from the existing Target retail store due 10 the implementation of energy efficiency measures in the building design as well as reductions that would be realized through state and federal vehicle emission reduction programs. Because the main source of GHG emissions for any retail development is attributable to vehicles, it is appropriate to include reductions projected due to the implementation of vehicle reduction programs. As discussed above, the 900 metric 10n threshold is not being used in this analysis as a significance threshold. 5. There is no eSlablished means of evaluating specific GHG emissions from solid waste generated by a project and to evaluate GHG emissions from this source would be speculative. However. the Project is not anticipated to generate additional solid waste over lhe existing Target retail store. The Project will maintain the existing dumpster for waste disposal, and the dumpster will be emptied wilh the same frequency as for the existing Target retail store. Thus there is no projected increase in GHG emissions associated with the Project due to solid waste generation. As discussed above, the analysis that was conducted concluded that the project will be consistent with the goals of AB 32 and will not result in a significant impact. II. Water Supply A. The project will not have a significant impact on water supply. In fact. the proposed rebuild will substantially reduce current water usage. As noted in the Final SanitalT Sewer A1emorandllm dated Febrllarv 12, l009 - 40 N 4" Avenue Targel - C/1Ula Visla. Cal!fiJ/'nia 9191iJ, the proposed Average Daily Water usage is projected to be approximately 2.490 gal/day. The Existing Average Daily Use for the existing store. based on records from the Sweetwater Authority. is approximately 4,947 gal/day. The proposed Target building will include many advanced and P""] 61'~ ~Bl_~ Kimley-Horn and Associates, Inc. Mr Jeff Steichen, July 14,2009, Pg. 6 efficient water saving features and processes that contribute to almost 50 percent reduction in water usage. Details of these features and calculations can be found in the above referenced Sewer Memorandum. Accordingly, project impacts upon water supply or State Water Project reductions are not potentially significant impacts. B. The project will not have a significant impact on water supply. and as discussed above. the proposed rebuild will substantially reduce currcnt water usage. As noted in the Final Sanitarv Sewer /l1emorandul11 da/ed Februaty'-12, 2009 - 40 N 4th Avenue Target Chula Vis/a, Ca/{(onzia 919lO. the proposed Avcrage Daily Water usage is projected to be approximately 2.490 gal/day. The Existing A verage Daily Use for the existing store based on records from the Swcet\vater Authority is approximately 4,947 gal/day. The proposed Target building will include many advanced and efficient water saving features and processes that contribute to almost 50 percent reduction in water usage. Details of these features and calculations can be found in the above referenced Sewer Memorandum. Accordingly, project impacts upon \vater supply or upon a potential drought situation are not potentially significant impacts. C. The project will not use !!:roundwater. and. therefore. project impacts upon groundwater do not need to be analyzed in the environmental document. III. Public Participation A. The reports are part of the project MND file, and they were made available at the City for public review. B. The reports are thoroughly summarized in the MND and were made available at the City for public and City officials to review. This is typical City protocol for all MND documents. IV. Hazards and Hazardous Materials A. Because of the Corrective Action Plan, MTBE on the projcct site does not constitute a potentially significant impact upon the project, and the project does not constitute a potentially significant impact with respect to this hazardous material. MTBE is in the process of being remediated through a Corrective Action Plan by the responsible party through the State Department of Toxic and Substance Control. In addition, the City has added a condition to this project that states the following: "Prior to issuance of building permits. comply with all required mitigation measures outlined in the Corrective Action Plan entitled Site Conceplual Model and Corrective Action Plan, 12 North 4'" Avenue, Chuta Vista P"1 !IEU'" Ilb.J IilIi1l U Kimley-Horn and Associates, Inc. Mr. JetTSlcichen, July 14,2009, Pg. 7 California, File #H20016, dated December 21,2008 or protect in place the existing monitoring wells during all construction aclivi1ies.~~ B. In order to avoid any potentially significant impacts, the MND requires that all required remediation measures will be complete prior to the issuance of building permits. The worst case scenario was examined and resulted in the following condition that was required by the City: "Prior to issuance of building permits, comply with all required mitigation measures outlined in the Corrective Action Plan entitled Site Concep/Ual Mode! and Corrective Action Plan, 12 North 4,h Avenue, Chula Vista California, File #H20016, dated December 21, 2008 or protect in place the existing monitoring wells during all construction activities." V. Hydrology and Water Quality A. The proposed rebuild project will not result in the discharge of any new pollutants of concern than those that already exist on the developed site today. In fact, the proposed rebuild project will improve storm water management and quality, as there are currently no permanent BMPs in effect to mitigate the existing storm water discharge from the site. The proposed project, however, will include pernlanent storm water treatment that will conform to the provisions of the California Regional Water Quality Control Board, National Pollutant Discharge Elimination System (NPDES) Municipal Permit No. R9-2007-001, and the City of Chula Vista Development Storm Water Manual, 2008 (See Hydrology and Water Quality Conditions # 6 and #8 as noted in the Mitigation Monitoring and Reporting Program). A large natural bio-swale is included as part of the permanent storm water treatment, In addition, the proposed project actually decreases the amount of impervious area on site~ and provides more landscaping and greens pace than currently exists. Again, the proposed project actually improves the conditions related to hydrology and water quality. VI. Need for EIR After considering the individual circumstances of the proposed project, including the demolition of three existing buildings and replacement with one building, the City, as lead agency, did not believe that an ElR was warranted. Other "big-box projects" have their own set of circumstances that dictate the type of environmental document that must be prepared including the size and extent of the proposed project, the environmental setting, and the mitigation and design feotures proposed. For example, the cited Foothill Ranch Wal-Mort Expansion project involved a much larger addition of building square footage than the 11,000 s.f. addition proposed by this project (less than a 10% increase). Pursuant to CEQA Guidelines Section 15070: l::U:~~ Kimley-Hom and Associates, Inc. Mr. JeffStcichcn, July 14, 20U9, Pg. oS A puhlic agency shall prepare or have prepared a negative declarathm or mitigated negalive declaration/or a project su~iCCl (0 CEQA when: oj The initial study shows Ihal there is no subs/anlfal evidence. in lighl (~f the vvhole record hefure the ageJ7c.~v, fhal the projecl may have a substantial effect on the environment, or h) The initial study identified po/emially significant effects. hut: I. Revisions il1 the project plans or proposals made by or agreed to hy the applicant hefore a proposed mitigated negalive declaration and ;'111;0/ slud.y are released for public review would avoid the effec's or mitigate the effects /0 a point 'where c1ear(v 170 sign((icanl cffee!s would occur, and 2 There is no subs/anlfal evidence. in light of the whole record before [he agency. [hat the project as revised may have a siKnificant effect on the environment. Substantial evidence has been included and relied upon in the initial study that demonstrates that the project, as mitigated, will not have a substantial impact upon the environment. Technical studies have been prepared by qualilled experts that show all impacts associated with the project for such issue areas as air quality, drainage, water quality, and tramc are mitigated to a level of less than signillcant. No substantial evidence of a potentially signillcant environmental impact associated with the project has been submitted. Therefore, in accordance with state law, a mitigated negative declaration has been prepared. Attachments: Briggs Law Corporation Letter URBEMIS Model Run Target Sustainability Memo BRIGGS LAW CORPORATION San Diego Office: 5663 Balboa Avenue. No. 3i6 San Diego, CA 92111-2705 Inlalld Empire Office: 99 East "C" Street, Suite] 1] Upland, CA 91786 Telephone: 858-495-9082 Faesimile: 858-495-9138 Telephone: 909-949-7115 Faesimile: 909-949-7121 Please re.\f}(}nd 10: Inland Empire Office BLC Filel,I): 1366,99 13 July 2009 City Council c/o Donna Norris, City Clerk 276 Fourth Avenue Chula Vista, CA 91910 Rc: ProDoscd Mitigated Nc!!ative Declaration for Tar!.!cl Pronoscd to be Located at 40 North Fourth Avenue fAPN # 562-323-13.38.39) on Citv Council's Aeenda for Julv 14.2009 (Item 16) Dear Chula Vista City Council: On behalf of Citizens for Responsible Equitable Environmental Dcvelopment, I am writing to urge you to deny thc project that is the subject of the above-refcreneed matter. In gcneral, approval of the project would violate thc California Environmental Quality Act, the Planning and Zoning Law, and othcr laws. The spccific reasons for dcnying thc project arc sct forth on Attachment I to this lettcr and supported by evidence in thc administrative record for the project and by other evidence provided on thc accompanying CD/DVD. If you do not make a decision on the tonight, please provide me with written notice of the next public hearing or other meeting at which you will consider this project. Additionally, please provide me with written notice ofv..'hatcvcr action you do take tonight. Thank you for your attcntion to this matter. Sincerely, BRIGGS LAW CORPORATION Mckaela M. G laddcn Attachment & DVD 0e goo.! to [fie P.a.rtlz: If?sauce, rJ?suse, rJ\fcyde ~ Attachment 1: Reasons for Denyin~ Target Project Briggs Law Corporation-July 13,2009 Page 2 01'4 I. Air Quality A. Toxic Air Contaminants 1. The Project's diesel exhaust emissions may have a significant environmental impact. Califomia identified diesel exhaust partieu late matter (PM) as a toxic air contaminant based on its potential to cause cancer, prema ture death, a nd other health problems. Ex. I a. 2. The air quality assessment on page IS acknowledges that the nearest residence is within 500 feet. In addition, there arc at least four schools and pre-schools within a mile of the project site-Tender Loving Care Preschool, Pilgrim Lutheran School, Cottontail Preschool, and the Christian Academy. See Exs. I b- I e. The air quality assessment docs not even acknowledge these schools. 3. An environmental impact repon ("EIR") is needed toanalyze the potential health and environmental impacts of the Projeet'sdiesel exhaust emissions, particularly with so many sensitive receptors nearby. Other projects have done diesel-truck health risk assessments. See Exs. 11'-1 h. B. Ambient Air-Oualitv I. If the project will increase the amount ofa pollutant for which the region has not achieved attainment with a federal or state standard, then the project may have a significant impact on air quality. The air quality assessment indicates on page three that the region is in non-attainment of federal standards for 8-hour ozone and in non-attainment of state standards for ozone and particulate matter (both PM2.5 and PM I 0). The air quality assessment also shows that the Project will emit ozone, PM 2.5, and PM 10. Therefore, because the project will increase the amount of pollutants for which the region has not achieved attainment for, the project may ha ve a significant impact on air quality 2. While the existing facility exceeds the thresholds for NOx, ROGs, and CO, the larger facility exacerbates the problem. For example, on page 13 of the air quality assessment the summer emissions of NOx from the existing facility exceeds the threshold by approximately 7% and the summer emissions of NO x from the proposed facility exceeds the threshold by approximately 15%. Even though the difference in air emissions docs not alone exceed the threshold -the standard that the air quality assessment appears to use, the Project exceeds the threshold and the contribution ofair pollutants over the baseline is substantial. Therefore, the project may have a significant impact on air quality. C. Global Climate Change 1. The project's greenhouse gas emissions may havc a cumulatively significant impact on global climate change. Itsays on page 30 of the air quality assessment that the level of emissions during construction is below the threshold of 900 metric tons suggested in thc CAPCOA White Paper to evaluate \'.;hether a project qJe qooa Lo the iEallfi: rJ\!aucc, rJ(ruse, CJ?scydc Jj.~_ '6~ Attachment 1: Rl'asons for Dcnyin~ Target Project Briggs Law Corporation-July 13, 2009 Page 3 of 4 would have emissions that would be considered significant. See Ex. I i. The operational emissions greatly exceed the 900 metric ton threshold at an estimated C02 equivalent of 10.337 metric tons/year. 2. The mitigation measures proposed do not reduce the greenhouse gas emissions and global climate change emissions to a levcl of insignificance. 3. The assumption that the project will emit approximately 32% less greenhouse gases from motor vehicles is nawed. On the one hand, as noted on page 34 or the air quality analysis, the reductions from motor vehicle emissions due to the implementation of the CAFE, LCFS, and Pavley initiatives would not be realized unti12020. Given the estimated construction start date of October 2009 with one year of construction, that leaves approximately nine years of emissions at the higher rate even if that 32% reduction figure \\'as accurate On the other hand, nothing in the San Diego County Greenhouse Gas Inventory report referenced in the air quality assessment slates that the reduction from the three initiatives would result in a 32% reduction. See ex. Ij. Therefore, the analysis overestimates the level of mitigation and ignores the gap in time before the reductions would be realized. 4. Even if the reductions realized from the mitigation measures and the initiatives were an accurate reflection, thc project's greenhouse gas emissions are still not mitigated to a level of insignificance. Under the air quality assessment's estimates, the project would emit 7,381 metric tons orC02 equivalent emissions per year, well in excess of the 900 metric ton threshold identified by CAPCOA and used by the air quality assessment for analyzing the construction emissions. 5. The project has the potential to impact the environment due to greenhouse gas emissions that result from the solid waste generated by the project. See Exs. I k- 11. 6. Additional evidence supporting the conclusion that the project may have a significant environmental impact due to greenhouse gas emissions can be found in the G H G folder. II. Water Supply A. The Project may have a significant impact on water supply. The Governor has issued an executive order as a result of the "serious drought conditions" facing California. See EX.2a. Indeed, the Los Angeles Times recently reported that the drought is the "worst in decades." See Ex. 2b. Water supply from the State Water Project has been reduced. See Exs. 2c 2e Global warming also contributes 10 the water supply problems facing the region. See Ex. 2f. me good" I.(l tne 'Eartfi: f/?jcfuce. ~usc. fJ(sc}dc ,~ Attachment 1: Reasons for Denying Target Project Briggs Law Corporation-.July 13,2009 Page 4 af 4 B. The Sweetwater Autharity has also. issued statements abaut the impacts afthe drought ot?- the current water supply situation. See Exs 2j-2i. This is further evidencc that the prajeet may have a significant impact an water supply. C. The project may have significant enviranmental impacts due to. the supply afwater that need to be analyzed in an EIR. Far instance, the project will use groundwater and there shauld be an analysis af whether using the graundwater will cause physical ar water quality impacts. III. Public Participatiun A. The MND relics an a number afreparts prepared an enviranmental issues such as the Air Quality Assessmet far the Chula Vista Target Center Project datd March 6,2009, the Updated Parking Assessment revised January 22, 2009, the Drainage Study Target dated January 2009, the Site Access Study for Target Stare dated January 2 I , 2009, and the Final Sanitary Sewer Memarandum dated February 12,2009. While the MND may rely on outside documents, those documents must either be attached or inearporatd by reference. When incorparatian is used, the MND must state where the incorporated documents arc available for inspection and the information must be summarized in the MND. Here, the MN 0 daes nat state that the abave-refereneed documents arc incorporated by reference, where the documents arc available for inspection, or summarize the information incorporated. B. The reparts relied an in the MND are nat included in the agenda packet for review by the public ar the deeisian-maker. IV. Hazards and Hazardous Materials A. MTBE remains an the site. An E1R is needed to. allaw far a thoraugh analysis afthe prajeet's impact with respect to this hazardaus material. B. Furthermore, since it is not known if all remediation measures will be complete at the time of grading, the worst-case scenario needs to be examined. V. Hydrology and Water Quality A. The project will discharge several pollutants of concern including sediments, nu trients, oxygen demanding substances, organic compounds, pesticides and bacteria and viruses. An EIR is needed to. allaw the public to. provide input an whether the BMPs will in fact mitigate this harmful discharge. VI. Need for EIR Other similar big-box projects have done EIRs, including other expansion projects such as the Faathill Ranch Wal-Mart Expansian. See Other EIRs falder an DVD. (Be good" to tfie Pnrtfi: rj(eaurc, rJ?suse, CJ?prycfc ~ l6" Page: 1 7/14/2009 2:00:39 PM Urbemis 2007 Version 9.2.4 Combined Summer Emissions Reports (PoundslDay) File Name: C.IUrbemislUrbemis 9.2.2IProjectsICV Target Operations Trucks.urb924 Project Name: Chula Vista Target Diesel PM calculations Project Location: California State-wide On-Road Vehicle Emissions Based on: Version . Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: OPERATIONAL (VEHICLE) EMISSION ESTIMATES BQQ tlili 179 c.Q SQZ. 0.00 J:M1Q TOTALS (lbs/day, unmitigated) 0.10 0.55 007 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES TOTALS (Ibs/day, unmitigated) ROG 0.10 PM10 007 NOx 1.79 kQ 0.55 S02 0.00 PM2.5 0.06 PM2.5 0.06 C02 300.92 C02 300.92 Page: 2 7/14/20092:00:39 PM Operational Unmitigated Detail Report: OPERATIONAL EMISSION ESTIMATES Summer Pounds Per Day, Unmitigated Source ROG NOX Free-standing discount store 0.10 1 79 TOTALS (Ibs/day, unmitigated) 0.10 179 CO 0.55 0.55 802 0.00 0.00 PM10 0.07 0.07 PM25 0.06 0.06 C02 300.92 300.92 Operational Settings: Does not inctude correction for passby trrps Does not include double counting adjustment for internal trips Analysis Year: 2010 Temperature (F): 85 Season: Summer Emfac' Version : Emfac2007 V2.3 NOli 1 2006 land Use Type Free-standing discount store SummarY of Land tJ~es Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 0.09 1000 sq ft 136.50 12.29 90.82 12.29 90.82 Vehicle Fleet Mix Percent Type Non-Catalyst Catalyst Diesel 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 00 15.0 0.0 0.0 100.0 Veh'c1e Type Light Auto Light Truck < 3750 Ibs Light Truck 3751-5750 Ibs Med Truck 5751-8500 Ibs Lite-Heavy Truck 8501-10,000 Ibs Lite-Heavy Truck 10,001-14.000 Ibs Page: 3 7/14/20092:00:39 PM Vehicle Type Med-Heavy Truck 14,001-33,000 fbs Heavy-Heavy Truck 33,001-60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trips - Commercial (by land use) Free-standing discount store Home-Work Vehicle Fleet Mix Percent Type 40.0 45.0 0.0 0.0 0.0 0.0 0.0 Travel Conditions Residential 10.8 168 35.0 32.9 Home-Shop 7.3 71 35.0 18.0 Non-Catalyst 0.0 0.0 00 0.0 0.0 0.0 0.0 Home-Other 7.5 7.9 35.0 49.1 Commute 9.5 14.7 35.0 Catalyst 0.0 0.0 0.0 0.0 0.0 00 0.0 Commercial Non-Work 7.4 6.6 35.0 2.0 1.0 Diesel 100.0 1000 0.0 0.0 00 0.0 0.0 Customer 7.4 66 35.0 97.0 Page: 1 7/14/20092:01 :18 PM Urbemis 2007 Version 9.2.4 Combined Winter Emissions Reports (PoundslDay) File Name: C.IUrbemislUrbemis 9.2.2IProjectsICV Target Operations Trucks.urb924 Project Name: Chula Vista Target Diesel PM calculations Project Location: California State-wide On-Road Vehicle Emissions Based on: Version . Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Summary Report: OPERATIONAL (VEHICLE) EMISSION ESTIMATES TOTALS (Ibs/day, unmitigated) ROO 0.10 PM10 0.07 NOx 2.16 QQ 0.55 SQZ 0.00 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG 0.10 NOx 2.16 QQ 0.55 SQZ 0.00 PM10 0.07 TOTALS (Ibs/day, unmitigated) EML> 0.06 PM2.5 0.06 em 300.92 C02 300.92 Page: 2 7/14/20092:01:19 PM Operational Unmitigated Delail Report OPERATIONAL EMISSION ESTIMATES Winter Pounds Per Day, Unmitigated Sou~e ROG NOX Free-standing discount store 0,10 2.16 TOTALS (lbs/day, unmitigated) 0.10 2.16 CO 0.55 0.55 802 0.00 0.00 PM10 0.07 0.07 PM25 0.06 0.06 C02 300.92 300.92 Operational Settings: Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year" 2010 Temperature {F}: 40 Season: Winter Emfac: Version . Emfac2007 V2.3 Nov 1 2006 land Use Type Free-standing discount store SummarY of land Uses Acreage Trip Rate Unit Type No. Units Total Trips Total VMT 0.09 1000 sq ft 136.50 12.29 90.82 12.29 90.82 Vehicle Fleet Mix Percent Type Non-Catalyst Catalyst Diesel 0.0 0.0 0.0 00 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 150 0.0 0.0 100.0 Vehicle Type Light Auto Light Truck < 3750 Ibs Light Truck 3751-5750 Ibs Med Truck 5751-8500 Ibs Ute-Heavy Truck 8501-10,000 bs Lite-Heavy Truck 10,001~ 14,000 Ibs Page: 3 7/14/20092:01:19 PM Vehicle Type Med-Heavy Truck 14,001-33,000 Ibs Heavy-Heavy Truck 33,001-60,000 Ibs Other Bus Urban Bus Motorcycle School Bus Motor Home Urban Trip Length (miles) Rural Trip Length (miles) Trip speeds (mph) % of Trips - Residential % of Trfps - Commercial (by land use) Free-standing discount slore Home-Work Vehicle Fleet Mix Percent Type Non-Catalyst 40.0 0.0 45.0 00 0.0 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0 0.0 Travel Conditions Residential 10.8 16.8 35.0 329 Home-Shop 7.3 71 35.0 180 Home-Other 7.5 7.9 35.0 49.1 Commute Catalyst 0.0 00 0.0 0.0 0.0 0.0 0.0 9.5 14.7 35.0 Commercial Non-Work 74 6.6 35.0 2.0 1.0 Diesel 100.0 100.0 0.0 0.0 0.0 0.0 0.0 Customer 74 6.6 35.0 97.0 Target and Sustainability What is Target doing about sustainability? Target Corporation has been relatively quiet about our sustainability practices. Howevcr, Target is continuing to pursue profitable and sustainable growth, consistent with our long-standing dedication to the social, environmental and economic well-bcing of the global community in which we do business. Progress in sustainable design will take time and require solid partnerships with communi tics, vendors and our guests. Public and stakeholdcr requests for Corporate Responsibility Reports, outlining a company's environmental activities and policies, has increased the past few years. The Corporate Responsibility Report has been posted on our external Wcb site for at least four years running. It can be found at http://sites.targetcom. 2009 PROTOTYPE CHARACTERISTICS The following sustainable features are includcd in the construction and operation of Target projects: Site and Water . Soil erosion from construction activity is managed by use of silt fence and other erosion control measures. . Heat island effcct is minimized by use of highly reflective white roof mcmbranes to reduce cooling load. . High efficiency plumbing fixtures are used in restrooms to cut municipal water use by at least 30 percent Energy Efficiency . High encrgy efficiency rooftop heating and air conditioning equipment are used. . Verification of electrical systems is utilizcd, and measurcmcnt and operating practices put in place to insure ongoing efficiencies and accountability of energy management over tilne. Materials and Resources . Construction waste is managed in order to recycle and divert from the waste stream at least 75% of all construction refuse where local markets allow. . Construction materials contain a minimum of 10% recycled content for the ovcrall project as the local market allows, potentially consisting of the following: 50% minimum recycled content in all structural steel framing, 20% in joists andjoist girders; fly ash in concrete if locally available, and crushed concretc sub-base in parking lot and recyclcd bituminous paving for drive surfaccs if the project allows. . Regional matcrials are utilized to the extent possible with locally manufactured products made from locally extracted raw (or re-cyc led) materials. . Wood from Forest Stewardship Council certified sources is used for all blocking. framing and sheathing. Page 1 of2 Target and Sustainability What is Target doing about sustainability? Indoor Air Quality o The store building is a tobacco-free environment. o During construction an Indoor Air Quality (lAQ) management plan is utilized to protect the workers. o Volatile Organic Compounds are minimized within the finished space by the use oflow- VOC materials for all carpets, flooring, adhesives, sealants, paints and coatings, ceilings and wall systems. Additional Sustainable Measures o T-8 light fixtures with low mercury bulbs will be used throughout the store. o Site lighting fixtures are "dark sky" compliant with full "cut-off' features to prevent light spill to adjoining property. o All Target stores participatc in an extensive program to recycle solid waste. On average each store recycles per year: o 12,000 pounds of cardboard. in addition to shrink wrap and food waste o 268,000 garment hangers o 322,000 pounds of paper materials o Ceiling tiles, carpet. and roofing materials are recycled when replaced. WHAT IS LEEO'! o LEED, or Leadership in Energy and Environmental Design is promulgated by the US Green Building Council. The USGBC is a not-for-profit organization, and has established voluntary certification guidelines. o The LEED certification process awards points within six categories (sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovative design) for New Construction projects. A total of 71 points may be awarded under the Application Guide for Retail. Other review classifications have also been developed, including a guide for Commercial Interiors, Neighborhood Development, and Retail Applications. o Certification levels are based on the number of points awarded, and include Certification for> 26 points, Silver> 33 points. Gold >39 points and Platinum >52 points under the New Construction Retail guide. Other classification systems have differing point levels for achievement. o The breakdown of the sites certified nationally to date includes approximately 44% certified, 3% silver, 23% gold, and 3% platinum. o Target's 2009 prototype design will typically accrue approximately 25 points for the building only; points associated with the parking and storm water attributes are site dependent and will vary. Page 2 of2 ,4dd,HoY\RI ..' BRlGGS LA W CORPORATION SUII Diego Office: 5663 Balboa A ~'eJlue, No.3 76 Sail Diego, CA 92111-2705 I ",fDrrnaH an / te-rn 1 b 7/I'I/iFI Ill/and Empire Office: 99 East "e" Street, Suite 111 UplOlld, CA 91786 ~ O~\G\\\~t Telepholle: 909-949-7115 Fucsimile: 909-949-7121 Telepholle: 858-495-9082 Facsimile: 858-495-9138 Please re....'Polld to: III/and Empire Office 13 July 2009 City Council c/o Donna N orris, City Clerk 276 Fourth Avenue Chula Vista, CA 919]0 BLC File(s): 1366.99 Re: Proposed Mitigated Negative Declaration tor Target Proposed to be Located at 40 North Fourth Avenuc (APN 11562-323-]3.38.39) on Citv Council's Agenda for Julv 14.2009 (Item 16) Dear Chula Vista City Council: On behalf of Citizens for Responsible Equitable Environmental Development, I am writing to urge you to deny the project that is the subject of the above-referenced matter. In general, approval of the project would violate the Califomia Environmental Quality Act, the Planning and Zoning Law, and other laws. The specitie reasons for denying the project are set forth on Attachment 1 to this letter and supported by evidence in the administrative record for the project and by other evidence provided on the accompanying CD/DVD. If you do not make a decision on the tonight, please providc mc with written notice of the next public heari ng or other meeting at which you will consicl0r this project. Additionally, please provide me with written notice of what ever action you do take tonight. Thank you for your attention to this matter. Sincerely, ~~"ON Mekaela M. Gladden I , I do =4~ -c-C p~ rnn XI:J:: ;OSc <.nr- 0> -,,<: -n- _<.n n~ m:r:~' Attachment & DVD (Be qooa to tlie {Earth: 'i\r:dilce, 1{~IISC, rR.~cycre t~ ~ f= ::u m (j m < m o - ~ ~ \0 W ~ , '. Attachment I: Reasons for Denying Target Project Briggs Law Corporation-July 13,2009 Page 2 of4 I. Air Quality A. Toxic Air Contaminants 1. The Project's diesel exhaust emissions may have a significant environmental impact. California identified diesel exhaust particulate matter (PM) as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems. Ex. la. 2. The air quality assessment on page 15 acknowledges that the nearest residence is within 500 feet. In addition, there are at least four schoo Is and pre-schools within a mik of the project site-Tender Loving Care Preschool, Pilgrim Lutheran School, Cottontail Preschool, and the Christian Academy. See Exs. Ib- 1 e. The air quality assessment docs not even acknowledge these schools. 3. An environmental impact report (" Ell{") is needed to analyze thepotential health and environmental impacts of the Project's diesel exha ust emissions, particularly with so many sensitive receptors nearby. Other projects have done diesel-truck health risk assessments. See Exs. 1 f-l h. B. Ambient Air-Oualitv 1. Ifthe project will increase the amount ofa pollutant for which the region has not,~/ ~. achieved attainment with a federal or state standard, then the project may have ." a significant impact on air quality. The air quality assessment indicates on page three that the region is in non-attainment of federal standards for 8-hour ozone and in non-attainment of state standards for ozone and particulate matter (both PM 2.5 and PM 1 0). The air quality assessment also shows that the Project will emit ozone, PM 2.5, and I'M 10. Therefore, because the project will increase the amount of pollutants for which the region has not achieved attainment for, the project may have a significant impact on air quality 2. While the existing facility exceeds the thresholds for NOx, ROGs, and CO, the larger facility exacerbates the problem. ror example, on page 13 of the air quality assessment the summer emissions of NOx from the existing facility exceeds the threshold by approximately 7% and the summer emissions of NO x li'om the proposed facility exceeds the threshold by approximately 15'Yo. Even though the difference in air omissions does not alone exceed the threshold -the standard that the air quality assessment appears to use, the Project exceeds the threshold and the contribution of air pollutants over the baseline is substantial. Therefore, the project may have a significant impact on air quality. C. Global Climate Chan!!e 1. The project's greenhouse gas emissions may have a eumu latively significant impact on global climate change. It says on page 30 of the air quality assessment that the level of emissions during construction is below the threshold of 900 metric tons suggested in the CAPCOA White {'aperto evaluate whether a project me (;'aoa to die (Eartfi: rJ\i!auce, ~llse, 1?scycfe "'~ ~.dD~ .." Attachmcnt 1: Rcasons fur Denying Target Project Briggs Law CO'llUration-July 13,2009 Pa gc 3 of 4 would have emissions that would be considered significant. See Ex. I i. The operational emissions greatly exceed the 900 metric ton thresholdat an estimated C02 equivalent of 10,337 metric tons/year. 2. The mitigation measures proposed do not reduce the greenhouse gas emissions and global climate change emissions to a level of insignificance. 3. The assumption that the project will emit approximately 32% less greenhouse gases from motor vehicles is flawed. On the one hand, as noted on page 34 or the air qua lity analysis, the reductions from motor vehicle emissions due to the implementationofthe CAFE, LCFS, and Pavley initiatives would not be realized until 2020. Given the estimated construction start date of October 2009 with one year of construction, that leaves approximately nine years of emissions at the higher rate even if that 32% reduction figure was accurate. On the other hand, nothing in the San Diego County Greenhouse Gas Inventory report referenced in the air quality assessment states that the reduction from the three initiatives would result in a 32 oj" reduction. See ex. Ij. Therefore, the analysis overestimates the level of mitigation and ignores the gap in time belore the reductions would be realized. 4. Even if the reductions realized from the mitigation measures and the initiatives were an accurate reflection, the project's greenhouse gas emissions arc still not mitigated to a level of insignificance. Under the air quality assessment's estimates, the project would emit 7,38 J metric tons of C02 equivalent emissions per year, well in excess of the 900 metric ton threshold identilied by CAPCOA and used by the air quality assessment for analyzing the construction emissions. 5. The project has the potential to impact the environment due to greenhouse gas emissions that result from the solid waste generated by the project. See Exs. lk- 11. 6. Additional evidence supporting the conclusion that the project may have a signilieant environmental impact due to greenhouse gas emissions can be lound in the GHG folder. II. Water Supply A. The Project may have a significant impact on watcr supply. The Governor has issued an executive order as a result of the "serious drought conditions" facing Califurnia. See EX.2a. Indeed, the Los Angeles Times recently reported that the drought is the "worst in decades." See Ex. 2b. Water supply from the Statc Water Project has been reduced. See Exs. 2c-2c Global warming also contributes to the water supply problcms facing the region. See Ex. 21'. ". , '. (He C;;ooa to the ~artfi: CRsJuce, (J?s.use, rRfcyde ~ - ...., q . Attachment 1: Reasons fur llcnying Target Project Briggs Law Corporation-July 13,2009 Pa ge 4 of 4 B. The Sweetwater Authority has also issued statements about the impacts of the drought on the current water supply situation. See Exs 2j-2i. This is further evidence that the project may have a siguificant impact on water supply. C. The project may have significant environmental impacts due to the supply of water that need to be analyzed in an ElR. For instance, the project will use groundwater and there should be an analysis of whether using the groundwater will cause physical or water quality impacts. III. Public Participation A. The MN D relies on a number of reports prepared on environmental issues such as the Air Quality Assessmct for the Chu la Vista Target Center Project datd March 6, 200Y, the Updated Parking Assessment revised January 22, 2009, the Drainage Study Target dated January 2009, the Site Access Study for Target Store dated January 21, 2009, and the Final Sanitary Sewer Memorandum dated February 12, 2009. While the MND may rely on outside documents, those documents must either be attached or incorporatd by reference. When incorporation is used, the MN D must state where the incorporated documents are available for inspection and the information must be summarized in the MND. Herc, the MND does 110t statc that thc above-referenced documents arc incorporated by reference, where the documents are available for inspection, or summarize the information incorporated. B. The rcports relied on in the MND are not included in the agenda packet for review by the public or the decision-maker. IV. Hazards and Hazardous Materials A. MTBE remains on the site. An EIR is needed to allow for a thorough analysis of the project's impact with respcct to this hazardous material. B. Furthermore, since it is not known if all remediation measures will be complete at the time of grading, the worst-case scenario needs to be examined. V. Hydrology and Water Quality A. The projeetwill discharge several pollutants of concern including sediments, nutrients, oxygen demanding substances, organic compounds, pesticides and bacteria and vim,es. An ElR is needed to allow the public to providc input on whether the I3MPs will in fact mitigate this harmful discharge. VI. Need for EIR Other similar big-box projects have done E1Rs, including other expansion projects such as the Foothill Ranch Wal-Mart Expansion. See Other EIRs folder on DVD. We gooa to tlie rfartlL' (Rfaure, W,fllSC, CJ?jc}de ~!lJ:;I< -'lb.:;:' .s:~.O u t h :.';,8 a'y. '.-' .." ..' . 11 J. t.' ~.,~.. ~'~'r ;) . ' " - community ... + . . :c~aJige Jjroj~9t . . ~. " ~.. .... <'. " . A project of the Institute for Public Strategies Chula Vista City Council July 14, 2009 Funded by County of San Diego, Health and Human SeN/ces Agency, Alcohol and Drug Services ~q>s Environmental Prevention Public health and safety issues require two complementary prevention tools · Education and outreach to meet the needs of individuals - School drug awareness programs - Treatment - Tobacco cessation programs Nutrition education/ "Five a Day" campaign · Public policies and practices that create conditions to support healthy choices and communities. Seat belt laws - Smoke-free restaurants - Mandatory alcohol sales and service training - High visibility alcohol enforcement .~, " / \, Ilntcnlion31 I QJM~!l[tjg /.....--~~._.,-u--.i ; ... -- ~ - - - r ........_k I .r ....MIl'clIO ~. '- >)' ........ - Enforccmont. "-""'-"_'~~" <. .c. :Ad,voco.cy' '( .,.. ",EF.f.f0l1IV,E>",i; "". ~ " "/ ". .~R.E.v. E~1110fl!,'r' /,'~~r.~.t'.I.",.- t '. ' l - ROlicy, \ 'Appllcd\ Dotii,&, , . to. 1 \,RO~H:tllrC: 11, I ; ~s Neighborhood Safety · Responsible Property Management: Reduce alcohol- and drug-.related crime on private property through policies and practices: - Crime-Free Multi-Housing Crime Prevention Through Environmental Design - Drug-free lease addendums. IS Neighborhood Safe Streets: State law empowers individual residents to sue neighboring property owners in small claims . . court over nUisance properties. - SBCCP funded to facilitate this process to abate drug houses and problem properties involving binge and underage drinking. - Goal: Getting property owners to evict problem tenants, and adopt responsible property management practices. - Pannering with CVPD Community Relations, and NET /SIU. 0> C .- C/) ::J o ..c I .- +-' - ::J ~ Q)~ Q) 0 ~ +-' u.CJ) I Q) C/) E C/) .- Q) ~ u ()U ::J ~CJ) o +-' CJ) C/) ~ Q) z o T"""' South Bay Public Opinion Poll on Alcohol Advertising and Marketing · Random, telephone poll conducted by San Diego State University, Social Science Research Laboratory · Measured community perceptions about the extent of alcohol advertising in the South Bay, its impact, and residents' support for local restrictions on alcohol advertising. · The survey also measured public perceptions of drinking among youth, personal alcohol use by survey participants and frequency and purpose of visits to Tijuana. Chula Vista Respondent Characteristics · 100 interviews · 39% Hispanic/Latino · 26% parents of teenagers · 50% female Age Group o 18-24 III 25-34 035-44 045-54 III 55-64 065 and Older What do Chula Vista residents think about alcohol marketing? 80 70 60 50 40 30 20 10 o 0100 Much III Support Restrictions Chula Vista Residents Say Alcohol Marketing Contributes To 100 90 80 70 60 50 40 30 20 10 o o Underage Drinking III Partying and Social Drinking o Increased Crime o Increased Drinking and Driving III Decreased Property Values Chula Vista on Youth Drinking 50 45 40 35 30 25 20 15 10 5 o D Okay under 21 III Okay to Drink at Family Parties D Okay to Drink with Friends Under Adult Supervision Findings interesting in light of social host ordinance. '- Q) -- co ......, ~E (])~ ..cO> __ 0 en'- eeL o Cl. en Q) cr: Reducing the Negative Community Impacts of Alcohol · South Bay Community Change Project staff are working with law enforcement agencies in the region to identify solutions to reduce the over-service of alcohol to adults, and youth access to alcohol. · These conditions contribute to community problems - drinking and driving - binge and underage drinking - assaults, fights and other violence - property crime and damage - public nuisances such as loitering, trash and noise Regional Solutions: Alcohol-Related Public Safety Problems · On November 6, 2008, CVPD hosted a regional workshop to discuss policy and enforcement solutions to alcohol- related public safety problems. · The City of Ventura's Alcohol Enforcement Officer presented information about the Responsible Retailer Program created in 2005. - Program funds full-time Alcohol Enforcement Officer with annual alcohol permit fee. - Steady decrease in DUI crashes, and calls for service and arrests at ABC establishments. - Program improved relationship between law enforcement and businesses. RRP in Ventura Alcohol Enforcement Officer Responsibilities: · Licensing (set conditions on ABC license and CUP) · Inspections (bar checks, target problem locations) · Education (businesses and public) · Enforcement (arrests, citations, ABC complaints) · Programs (minor decoys, shoulder taps, IMPACT) · Training (department training in rules and laws changes) · Entertainment Permits (reviewing and enforcing EP's) VENTURA COUNTY LIMITS ALCOHOL USE FEE STRUCTURE RISK HOURS OF WHOLE OPERATION SALE LOW CLOSE BEFORE $0- $100 10PM $50,000 $50 $100 MEDIUM CLOSE BEFORE $50,000- MIDNIGHT $100,000 $100 $300 HIGH CLOSE AFTER OVER $400 MIDNIGHT $100,000 $300 $700 ENTERTAINMENT PERMIT $300 Imperial Beach Adopts RRP · On May 20, the Imperial Beach City Council approved a resolution creating the Responsible Retailer Program. - Program proposed by Public Safety Director Frank Sotelo and Capt. Lisa Miller of the 18 Sheriff's Station. - Program provides for a part-time deputy sheriff, who would work directly with the city's 43 alcohol establishments to ensure compliance with alcohol laws and regulations. - Chula Vista has 288 alcohol licensees compared approximately 300 in the City of Ventura. RRP: Good for Chula Vista Chula Vista Police Department currently has an aggressive alcohol enforcement program focused on the effects of excessive drinking and youth access to alcohol. - For example, CVPD conducts DUI check points and minor decoy operations. - There is a need for local alcohol enforcement/compliance on the front- end to address the alcohol sales and service practices that lead to alcohol-related crime and traffic collisions. - A full-time alcohol enforcement officer could provide training and education to businesses to increase compliance, oversee licensing density and conditions of operation, and coordinate enforcement operations with ABC. RRP: Good for Business · Alcohol businesses are a vital part of any city's economic engine and quality of life. · The Responsible Retailer Program provides: - A proactive, collaborative relationship between law enforcement and alcohol businesses. - Resource for business to address problems such as beer runs - Tools to limit liability. - Public recognition of business commitment to a safer community. - Enlisting businesses to reduce alcohol-related crime and nuisances through responsible sales and service. Questions For More Information Contact: Institute for Public Strategies (619) 476-9100 WWWa PU b~ icstrateg ies a 0 rg F ACT SHE E T I Institute for Public Strategies RESPONSIBLE RETAILER PROGRAM: Improving the Quality of Life in Your Community South Bay Community Change Project 0 October 2008 Did you know? One in five retail alcohol establishments are found in violation of the law during minor decoy operations (undercover . .... minors attempting to purchase alcohol) conducted routinely across California, according to the state Alcoholic Beverage Control - ABC. Alcohol establishments. including restaurants, bars, retail stores, and entertainment husinesses, are a vital and signiticant part of any city's economy and quality of life. But when clerks and servers sell alcohol to minors and obviously intoxicated adults, experts report correlating increases in traffic collisions, assaults and other violent crime, petty theft and vandalism, and family violence. Aleohol use statewide costs 16.2 billion annually in traffic collisions and CriITIC, according to an August 2008 study by the nonprofit I'darin Institute. The figure is four times the cost of the 2003 and 2007 Southern California wildllres combined. Local go\'ernlllcnts and Iav.. enforcement agencies are turning to an innovative and comprehensh'c approach to improve puhlic health and safety by increasing alcohol licensee compliance. The goal uf the program is to help alcohol businesses understand a!ld comply "ith state and local regulations, and includes training and guidelines for developing clear in- hOLlse policies for alcohol sales. The program offers: o A professional working relationship with law enforcement o Tools to limit liability o Education about the risks of sales to underage and intoxicated persons o Information about local alcohol establishment ordinance o Public recognition of business commitment to a safer community www.publicstrategies.org (619) 476-9100 Essential Responsible Retailer Program Elements: . Local ordinance that empowers local government to set and enforce conditional use permits for alcohol establishments and a deemed approved process to deal with pre- existing alcohol businesses that are found in violation of state and local laws. A conditional use permit is a special zoning permit that allows a local jurisdiction to place conditions on the location, design and operation of alcohol establishments. Conditional Use Permit Ordinances only apply to new alcohol licensed premises in a given community. Those licenses already in existence at the time the CUP ordinance was passed are considered "grandfathered" uses and are not required to comply with CUP operating standards. A "deemed approved" ordinance is a type of local law requiring that preexisting, grandfathered alcohol outlets now comply with a set of minimum operating standards. . Local enforcement officer who is dedicated to working closely with alcohol retailers to improve compliance with local and state regulations; track all alcohol licenses within jurisdiction; familiar with ABC licensing and laws; and a sworn peace officer. . Direct retail relations to include regular appointments and contact with owners and managers to answer questions, explain community expectation and recruit new businesses into the program. . Compliance inspections, including a mechanism for first warning, then citing businesses that do not conform to state and local rules. . Easily accessible, local training for licensees on responsible alcohol sales and service practices. local Cost Recovery Responsible Alcohol Establishments: The Responsible Retailer Program is designed to empower business owners and their employees to limit alcohol consumption on their premises. [\ilinimal annual, alcohol permit fees, which are based on risk associated "ith the business, help prevent the business from paying much larger criminal. aclministrati\'e and civil penalties do\vn the road. Cities that include fees as part of the program use the funds -to pay for a rull- or part-time enforcement officer to bring businesses into compliance; locally pwvided and readily available training; and educational program materials and resources. . Know and comply with the law . Check ID by hand (j Have \\iTitten policies to prevent sales to underage and intoxicated persons G Train employees in responsible sales and seryice Ii Refuse [0 serve anyone \.vho is drunk Q Are accountable to their neighbors by serving alcohol responsibly and safely Businesses are assigned a risk level of high, mediull1 or low based on hours of operation, gross H)lume alcohol sales and entertainment. The fees fur most businesses under the program amount to less than 1 percent of gross annual alcohol sales. ~PS @ COj)yrighlf'd i\!a!mal. All H.i{;hl!J Hf'Jl'/1ml. fns/i/l/if' (or PuMil" Slm{t'!;if'~, 2008. 71Ie [nstitutc!or Public Stmtegies (IPS) works to i<lentil> 1. thf' underlying communityJactors that rontribute to !)Uhlir hPalth aud safety !Jmhlnlls. f?S em/days ([ commllnit)'- based/policy-driven approach to improving qualit), o! life. For /!lore IIIformation. call (619) 476-91OU. e-mail illfo@publiestmtegies.org Funded br COt/lltv orSa" fJiee:o, Health and HUn/ail Seroicl1!J A~('1/1.T, ALcohol and 1)ru~ ServiteJ. www.publicstrategies.org (619) 476-9100 - I Institute I()l" Puhlic Strategies SOUTH BAY COMMUNITY PERCEPTIONS OF ALCOHOL MARKETING Public Opinion Poll South Bay Community Change Project April 2009 Research confmIlS what SOUtfl Bay rcsideuts aI- re;J(ly kuow: Alcohol markel1ilg coulIibu(cs (0 biuge ;Iud uuder;Jge driukiug ;Iud spceific;dly (;Jrgels cerlaJil etflIlieities. especl;d/y HisPilIlics aud Latiuos. Too !1fany Alcohol Ads ill tile SOUtil Bay? Hcsidents thmk so. III a reccnt poll', more than hall' of South Bay n~sldcnt.s said tliey see or hear alcohol advertis- ing 011 a daily to 'weekly basis 011 . Televisioll . Local markets and stores . Billboards . Ne1,.vspapers . Radio . Nlagazillcs Nine out. of 10 residents say beer is the most COll.lIllOIl type or alcohol advertised ill tlleir comIlllmity, with Bud- \veiser hcmg the most COllllllOll brand. Budweiser distribmor Anheuser-Busch leads lIot only the alcohol industry in advertlsing dollars spent. lHU consis- tently ranks among the top 25 of all advertisers with all allllual marketing budget or more th;Ul $1.8 hilliOlt Support for Policies to Reduce Alcohol }Yfarkc(lllg 'There IS ovcn\'hdmillg public support for policies to re- duce ;Jcobol advertising in the South Bay. Eigllt ill 10 resldcllts favor restrictions, I>articlllarly wllcre youth gather such as schools and parks, billboards, com. Illunity events, sporting events. and transit. ~Vbo do Alcobol Ads TilIget? . Three out. or live Soulh Bay residellLs say the alcohol industry targets speciJic Illlllority groups ill their adver. tJsmg and marketing. . Hispanics are die most targeted group. . Over hall' say illal youth under the age of 21 arc targetcd. . The alcohol industry spends millions each year advertlsmg its brands to Latlllo C()11SllIl1ers. . Hesearch and assess- ments or local ;ulver- tismg sho\\' ;Jcohol ads ;U"e concentrated in minority neighbor. hoods. 8 in 10 South Bay residents support local policies to reduce alcohol advertising. . . . www.publicstrategies.org (6/9) 476-9/00 Policy SoludollS Local g(wenllTlcnts and policytllakcrs GUlI()ok to the lawsJ that other slates, cities and lr;-msit agencies ill tbe U.S. bave implcmCnlcd to rcglllatc where alcohol advertisers C;U1 I>r<m}()le their pf()dllct". Examples include: Philadelphia, PA (B~I No. 030713)- nan of alcohol adver- tising 011 all city owned or controlled property. San Jose, CA (anI. 27(26)- nail of beer ,md wine advertis- ing Oil molor fuel islands, <llHIllO self-illurIlmated advertis- ing of beer or wine 011 buildings or windO\vs. San Diego, CA (58.0501)- Ball of alcohol advertising on billb(lards within SOO feet or a SellOUl. playground. recrea- tion ccnter, child carc center. or library, or all billboards that arc more than .100 kct away. but whose content is clearly visible from olle of these locatiolls. Impacts of Alcohol Advertising Decades of research shows that greater exposure to alco- hol ad\'ertisil1~ contributes to an increast:.: in drinkmg among people under 21. . 'Tvvo out or fivt:.: Sweetwater UnioJl High School Dis- trict II' graders ha,.e used alcohol in the past ao days, and four out of 10 have been very drunk or Sick after drillkillgl. . ^ ~OOH study' found that children who attend schools with a higher Hispalllc population see seven tlIlles more alcohol advertising than children in schools where less thall 20 percent of the populalJOIl is His- paille. . Another study6 found that exposure to alcohol adver- tising ;-ullongst (i'h graders is associated with subsequent alcoholllse ll1 the Hill grade, . )'ollth who drink before age l:j arc four HInes more likely to hecOlw..: heavy drinkers or addicts later in liIC?, . 1\ Dartmouth sllldy8 i'ound that tecllS wlIo wear aIeu- hol-themed apparel art:.: mort:.: likely to binge drink. o 0 000 0 0 0 0 0 0 0 0 0 0 0 0 Contact the South Bay Community Change Project at SBCCP@publicstrategies.org ') ~ ~ 0 0 0 0 0 0 0 a ~ 0 0 0 a 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 n 0 ~ 0 References I. South Bay C{llnmunily Change Prqicct, Community PcrrepliollS of Akohol Marketillg, 200~) 2. :\d\'eni;,ing Ag-e, Dave Peacock; VP-marketinp;, Anheuser-Rusch Cos., (Jcl L3, 20()X a. \-larlll Instilute, OUI-()f-Hol1le Ablllt)l Advertising, a'Ll "-CClllury Guide to EfTecti\'e Regulation, ~009 ,I.. California Healthy Kids Surn,;y, Sweerwaler Union Hi~h School District. 'LUO/i. 5. Pasch et aI, Docs outdoor (lclvertisin~ arOlllld elementary schools \"ary by the etllllicity of studcnl'i ill the school? EllUlicily & Health, ~()()~ fi. Pasch ct al. Outdoor Alcohol Advertisin~ Xear Schools: \V11al docs it adverlisc and ho\\' is it related to intentions ;Uld use of alcohol among yonng adolesccllLs: Journal of S\Utlle~ on Alcohol and Dmgs, 'LOlli 7. SU!Jst;ulce Abuse and Mental Health Services Administration (Otllce of Applied Studies). Alcohol Dependencc or Ahuse alld Age of First Use. ~ati()nal Survey Oil DrUM Use and Health, 'LUn,!.. K. .\IcClure cI a!, Alcohol branded merchandise and its associatioll \\ilh drinking attitudes and OlltcOtllCS in C.S. adolescents. Archive" or Pedi- atric & Adolescent ~:h:dicille, :\-Iarch 2009 South Bay Institute for Public Strategies 590 Third Avenne, Suite 204, Chula Vista, CA 91910 qps ~4 community chal1ge project ....,.., ",.. ,.,,,...'..;>....,"' ,......,.. FWll/ed by the CuWllj'OfSillJ Diego,lle,-'/Ul ;l1ld llUI1J;UJ Services Agt.'llcy; AlcollO/ :uJ(/ DrogSenit:c.'s www.pubUcstrategies.org (619) 476-9100 IPROJECT SUM MAR Y II Institute for Public Strategies South Bay Community Change Project (SBCCP) July, 2008 SBCCP is a project designed to support cOIlllllunity change in the South Bay region of San Diego County with a F(KUS on reducing the availability and marketing of alcohol to underage youth, the (lVer-service of alcohol to adults, and the prevalence of illicit drug-related activity on public and private property. The pn~jc(t's overall stratc6'Y is to apply tile cll\"irul1ll1cntal preventiull lIlodel, which emphasizes addressing the COJ1lIl11lllit.y conditio!ls and norms that contribute t.o alcohol and other drug related problems. This pn~jcct also pro\'idcs an opportllllil)' t.o cx,llllinc the progress cOll1lllunitics have made in understanding and slIpporting efforts aimed at changing COIllIllllllity Ilorms. Thus, pn~jcct strategies will he designed to lIIeasure (ol11lllllniry change, lIot Dilly clue 10 past. Cfll)l.tS, hut also to lIew and expanded strategies. SBeep Strategies designed 10 change IH~g-ali\'t::' cOllllllunity conditions and proJllote neighborhood safety include tht.: following: . Responsible Retailer Program (RRP) Responsihle Retailer Programs programs pro"ick inforlllatioll and techniqncs to prevent underage sales and over-service or alcohol ill commercial st.:uings. \\'hcn cOlllhincrl with enforcement through reglllar compliance checks, RRP prograllls have proven to reduce alcohol-related problems inclllding nUl incidenls. . Alcohol Advertising and Marketing. Strategics witt focus Oil advertising targeted tll the Latino population in particular. Rased on observatiolls through cnvironmental scans. the Sout.h Bay region is satllratt.:d \vith alcohol advertising. Strategit:s will foclls on documcnt.ing the extent of this prohlem and assessing cOllllllllnity attillldt.:s towards tht:se types of ads, as \Veil as assessing the Icvd of cOllllllunity support for potential policy solutio1\s. . Responsible Property Management / Neighborhood Safe Streets. The Respollsible Propt:rty ivlanagement (Rl'ivI) program is designed to red lice alcohol and other drug-- related aCI,i\'ities in residential lIt:ighborhoods by ;lc!\'ancing the IIse or responsible propert.y llIanagelllt:IH policies and procedllres. The RPJ\'I program cOllsists or working with neighbors, pn>pert)' Illallagers, housillg allth(}ritil's, C<.Hlllllll1lily developlllent corporations, local law enforcelllellt agencies, and COIlHllullity-hased organizat.iuns to develop and coordinate COllllllllllity revitalizal.ion clTorls. III ;\ similar III an II er, Neighhorhood Safe Streets (NSS) addresses Iluisance ahatclIlen1. or drug houses and uther problem properties that have extrellle alcohol alld other drug isslIes. rp-ve institlt/(1 in !)/lbllf ,\'tmlf:gir!s (IV\') w()Jhs with 1 colll/llunitif?S to uleJltU,' tl/{? IlJlda(ying jJhJsical, sodal, f:coJ/omi(; alld odtu}'a/j'ru:tfl1s Ihal (()Iltribule 10 jmb//(: he{flth (fud s(~id,\' j)J'oblems. Uli/i:iilp: Ilu' E'JlviwJ/lI/eJllal r)nmentio/l iHodel, 11),\' /?JIlj)/o-"s a coJl/lI/IIJ/ity-ba"ied aud j)(}lif,)'-drivf!lI a!Jjm)({ch 10 ill/jmming 'If/aliI)' (!l/~jf? For mom il/liml/(flinl/. mil (6!9) 476 Y!OO. e~ll/(fil i.,~ji)@j)llhficst/'(flegies,(llg or 'oisit www.!Jllhlicslmtf!j{ies.n(J!: ~PS Flll/dl'd by COUII/Y 4,\'(111 /Jiegu, 111:01/11 11//f/lIl1l1/rJl/ ,""/~l1Ii('('s Agf;//I:)'. A (r:o}w! lill/I /)mgSI'rlli{('s, www.publicstrategies.org (619) 476-9100 9.. R~S~M~N~E~ P~RO~E~TO " ";' ~ ' ' . r I "- ;".C _~. ~ ~;;" '" Instituto ge Estrate.gias Pliblicqs . " ~ "~ "". -".... EI Proyecto de Cambio Comunitario del South Bay (SBCCP) Julio del 2008 SBCCP es un proyecto diseilado para apoyar el mejoramiento de la calidad de vida en la regit'in del South Bay 0 sur de la bahia del Condado de San Diego, pOI' medio de reducir la disponibilidad y venta de a\cohol a ll1enores de edad, la sobre-venta de alcohol a adultos, y las actividades relacionadas a drogas ilfcitas en propiedades Pllblicas Y pl'ivadas. La estrategia IOlal del proyecto es aplicar e1modclo de prevellcilllI amhielltal, que se ellfoca en cambial' en la CCHlIlIllid,HI las condiciones y bs 110rlllaS que cnlllribu)TlI a lo~ prohlemas relacioIlad()~ a\ alcohol y olras drogas. Este proyecto lamhit:1l pn)pllrciolltl Lilla oportllllidad de exalllinar ell las comullidades el progn;so ell el elllendimiclllO y apoyo de esl"uerzos dirigido~ a camhiar nnrlllas de 1a COIllUllid,ld. POI' elln. las c:-.trategias del proYl'cto ser,11I disel-Iadas para mediI' el call1bio cOl11ullitario, 110 ~{)I() debido a esfllerzos tllllcriDres, sino que t,lI11hi(;1l a cstrategias lIuevas y m,ts tlmplias. Las estrategias del SBCCP diseiiadas para Gunhiar condiciones COlllllIIilarias y prol!lover comunidades Ill,is seguras inclllyell las sigllielltes: Programa del Vendedor /Servidor Responsable de Bebidas (RRP pOl' SllS sights ell ingles). Los prngralllas de RRP eSI,in dirigidos al personal de negocios que \"CIHlen 0 sir\'ell alcohol para <Iarles inforIllaci<')Il Y tecllicas que pre\'lellen 1a \'ellta de alcohol a nH':l1or<:s de cdad v la so!Jre-w':llta 0 ~ohre-ser\'icio de alcohol a personas ,lclultas, Cualldo se combillall (on re\'isil HIes de clllllplimielllo de la Icy pur las alltoridades. los program,ls de RRP hall dell1oSlrado Clue redllcen Ins prohlemas relacionados al alcnllOl illclll)'Cllclo los illcidellles de COlldllcir b;~jo la intlllcllcia. Mercadeo y Publici dad del Alcohol. ESla estralegia se t'llfocar;i ell II lS tlllUllCios dirigidos a la j1ohlaci()1l Lali Ila ell particular. Basado ell sOlldeDs. Ia Region del So lith Bay cst,i saturada de publicidad del alcohD!. Las cstr;llcgias se ellfocanin ell documental' Ia magniwd de este problema y evaluar las actiludes COIl1Llllitarias hacia diclIO tipo de Pllhlicidacl, tamhiell se cvalllar;i e111i\'el de apoyo COlllllllitario para (losihles soltlciulleS de propuestas de ley, Arrendamiento Responsable de Propiedades/Calles Seguras en 1a Comunidad. El prograllla de Gen':llcia Respnllsable de Pl"opiedades (RPM pOl' SllS siglas ell illgles) esta disel-lado para reducir actividades relaciolladas al alcohol)' ot.ras drogas ell ;in;as residellciales pOl' lI1edio delllso de politicas)' procedilllientos de <lrrendalllielltu respollsahle de propiedades. EI program,l RPi\'1 cOllsisle en trab,~jar COil los hahitalltcs del ,irea. los arrelldadores/ malH::jadores de las propiedades. alltoridades de vi\'iellda, corporaciones de desarrollo cOlIlltllitario. aUloridacles locales, y organizaciones cOnlullilarias para dcsarrollar )' coordinar esfllerzos de re\'italizaci<'m. Ell forma similar, el pr{)~rallla de Calles Seguras ell la COlllunidad (NSS pOl' SlLS siglas ell inglb) hllsca la e1illlinaci611 del pel:jllicio j1l1hlico de casas (Oil aClividades de drogas II otras propiedades prohlelll,ilicas con actividades de exceso de alcohol)' otras drogas. E Inslilulo dt> Fslmlpgias PliMi(as/lnslillflelor Pltb/if: Slmh,'gif's (IP,") j)()r SitS sighlS en IIlglh"; l:S Ill'" Olganiz(u;ieJlI civil (flU: Iml)(~ja (Oil (OlJ/llIlidrulr:s flam ir/r'lIl{jir:af" los fru:I(!i'('s jr<,'ir:os, sr)(:io ('('ollr)miros Y (lflll/rales 'IIU! wlllribll.\'en (l {os j)/"oh!r:lJ/us de sri/lid.\' segllridru{ !Jllblica. IF,\' ulili:UI un r11?{rHjllt bfls(u{o (:1I /a (o/flllllidru! .1' l:J/ inidfllivas de Ie.\' j){(m ill/jm/sar solur.io!les jJennam:lltes a dir:!io..... !)/"o/JIemas y usf Jlll!iomr fa (alidad (Ir: l'ir/u ell la cumullitlru{. Pam mas ill/(lrJn(lrir)n {{rlll/ar (i/ ((jjY) 47o-YI()(), e-mail iJ!/"o@jJlfblir.....tmlrgi(;......flrg fI ViS{ff:f/OS ell www.j}llhlirstmIPlJies.org :\ Ils/lit"(fI(/o /)(Ir /05 ,')'emicill.\ oJJl{m d .411'01111/.\' IJmgw. rIf' /a .AW~I/ci(/ rIl' Sa/ud.r ,\el7.!invs H/lllIol/o.\' riel Comlado tit' ,\'alllJi(XIJ www:pulJlicstrategies.or'g (619) 476-9100 S SUE E F N G B R I Institute for Public Strategies Neighborhood Safe Streets: Communities using civil action to take back neighborhoods South Bay Community Change Project. July 2008 f ti,l anv communities arc traumatized hy public nuisances stich as drug trafficking, gang activitv, crime and \'iolence stemming from a specific property. \~'hen a prohlem property is ignored, neighborhood residents often witness and endure encroaching blight, declining property values and a lust sense of security. Unfortunatelv. there aren"t t-'lluuglJ pldict' ,IIH] cir\ rC."(~II~(T" l{) pursut' ('\'tTY puhli( lll:IS<lIlU III en'!""'." l1eigJlborilo(ld. i 11 ;.;orne of tlle~L L,-l"t''' till" NeigiIhorl:l)( Hi ~;lrt. Strt'ets 1)]"( ItTSS call la"]plnca] rt-'sidf-'nts rid l1lt'ir COll1iJlllllilit,<; ofdnq..:;s. gallg.'i ;md (Ither IlUiS,II;n'- related prohlclllS. Program Overview Tilt' Neighhorhood Sarl' Stret'!S proce<.;s empower" CUllllllllllit" Illemhcrs 10 add] es\ puhlit JlUiSa!lCt' JlrClhkill~ through ci\'i] "(liull, It i~ hased tin ~I (:alifnrlli~l ~tait-' law \\'hieh rt'quin's projlt'Tt\ OWIHTS to "use tllt'lr proper!\ ill ~1I1 OJ dinan and i easolldblc !!l~l!llll'! th;n i:~ c(llldw:in't!1 IlJ{' Iwan' and barnHIll\ c,lllw 1l~~igl1h()r1lO()d and d()l'~ llO! iil\t"dt-T{~ \\'ilh tIlt' ("f)iijfOriahlt- eil.i()Y];WlE! l.lllift- (Ii" pr(ljwl"l\" I T\\c'igld)()r1t(H)/1 S,dt' Srtvt'I" C;l!i lw ,ll1 t'fleCll\{" Illcd \\']Wi:: . Tilt' p!IJhll'lllS ."!t'li! fro]!l a "ingle. idclltitlahlt, pnJjlt'rt\', 'iUll1;1"; ,) .'iillgk LI!I:]!:, ri'sidi'Utt', ~l hl,,,im-'s." l,l" ,ill ;lp,lnl~k!;1 (Illllplt:''', . _-\ sig-Ilific,lill 11111nlH't"" oj (()tll!l1ll!::i\ lilt';:lIwl"."; art' \\'jl]ill.~-l'l gt'l !11\()!\cd ill;'I 1'llitll"'d drtll-( (IJ :'.ol\t' (he 1)11Ihlt'l11." it '1'11::-' oHTali quality of lire jlJ the tlt'lt.,JlhcnIH'(ld CIl""('Cll111111lllil\ i:'. l1()tahli diillinislll'd h\ Ilnlhl('I~lS. The Ixc1ces:-\ cln he- u:-.ed"~ ~!Il\ lllllhiliZt'd group of (,()llll11lll1i~: nlt'ltlhlT~. The pruce<.,s ill\oln-:s j) dOClIl1lt'lllill,!!, tIlt' prohlellls ill ;\ \fa: lhat will reJlecl lht' SCPlw alld St'\'t'i il\ of tlw llt'gati\"t:' illlp<ldS: ~) d(~IIl~lIHlillg auio]] 1w t,tKt'l: itl a rllnnallt'lLl~r that slllllmari!:t~s Iht' IlrohlcllIs, idell tifit'~ Sl dUli! )IlS ;'we! calls for iTlllller!iatt anic Ill: ~\ I llf'goLiaLillg <l Sfl]lllioll, aIle! ifllt'Ct'SS;U\, 4) filing a l:oll:'.()lid;:-llf'd <lelllH: ;lgail~sl tlw property (l\':Jlt"r in slll,l1] claillls COlIn, III l1lost Cl."f'S, t""t',!.!,';1rdle,," tffhl\\ t'grt'gitll!" lht' pi-ohlf-'IlJ:'o, a l!lohili/t'd group oft Illl!l1illllil\ lllt'lllher:-. Cll1 (()I!lJwl ,\ fll"ohlt'lll prrJ]HTI" (1\\']1('1 It) at/ti,t'S" 1h{ pi'llhJ(']JI."; ill ;\ :-',llisLiCI( It"\ lJJ;lll! Il!" \\-itl}(ll:l ~lljJl~ I() Ulllrl, "Neighborhood Safe Streets employs a four- step process: . Documentation . Notification . Mediation, and . litigation" I www.pubficstrategies.org (619) 476-910fJ ,..P.....,,': How the program works ~. Neighborhood .r-;afe Streets t'111 pllJ\... ;l r( ~llr-,"I('Jl proC('",": 1 ' I)Ol'lltlll'll1;tliClll.~) l'\ulilic;lli()ll. :\1 \kdi;\lj()]], ;n:d --l i Lj[ig';Hi~)l:.~' 1. Documentation Tilt' 11I'",t :-;tq);" 10 e,,,t;,hli..ll a \\Tilit'l1 n-'('()rd of Ih" di~rl1pti\'e ;tLti\'il~, delailillg ;lil rele\;uit infuf111::ti()]] iHC!tHlillg' \dlt). \\,\:;11, \\'!:Ul. \\LeIT ,uHlll()\\. ~Udl in.forlnatlOl] ~ll(l[:ld Ill' kepi ill ;Ul ;wli\il\ I()g 10 dt-'l1H:nQr,11e lll::- chnlllic 11,I1111'e llrtlw pndJlt'1~: F;It'l1 ;d'tct1t'd c~lIn!ll~!n!l\' nWl11!wr I,)p;s I!W d;llt', tillw ,U)(! 11;t[ u t'e (It i; l,i";lI HT-:-e[;llt~d ,wli,: 1 i!...." ;dollg \'; i 111 ;i d('",cripli()ll oflllJ\\" 11](' prnhlt'lll ;1ffcclt'd Ih(,1n din,~,th (ix. \'t'lll,~] or p1r\''i~C;] h;lraS~l1H'lll. Illsl _..In-'p It'dlli.'liol1 ill propert\ \,(llut's, expo..ing cl:ildn-'l1 10 drug ,lCli\'il", etc, \. I k]WIHlillg (111 lilt' Il,Hul't' ()f tilt' prohler:l. c\r::lilIUl~il' mt'llJ1wr... ll,~l\ \\'~nlt [0 rl~l'flnl oIlier ilih 1r111,lli{ll] ~llCI1 ;IS: . Police' 11j(.iclv1l1 :'\'lll;dwr..: ""Iwllner q!l (I~' ]j()j;- t']IWlg(~]l(i (,db arc 11l,Hk 10 t1:t' polk'.,. IIH-:" cdl i~ gl\ell;\ polin- illCidt'111 ttl1l11lw!. Rt-.(jUt-.qillg llli;-; lHilH!Jer <lnd ]t'cnrdill:J. il ~111]H' ,llli,'il\ log I all Iw llsvful if 1IH" l';l",(J t,t,ds IIp lJl lflUrl. . Liu'i!"e P];<(C :\l:lllher:--.. \\-I:eil ,! p!llh~"m lu('alj()l! I,,;" ;1 hI (d' "lL"p:!'i!:1 :." l!',dCc. ;1 record (d'lin"ll-"C pL:[t> I1I;lll!wr;-; Clll -"n\l~ ;1" dOCLilllent,lli()ll (d'" tllli..;Uj(';. ,ltld rnn\"id:' Lt\\ ct1forCC:;]Clll \"ilb \',dl.;t1i1C iltLlrm;lti'illl(ll1clp the,,, ,Hldl(,~;-; jl(Js:.;ihlt' (Titl\i~l;Jl ;ILli'd', . Pl1t1togr;\pL". Phfdll,L,T,lpl1s td -"ll...picilll;." ,Hl~\'i(\', ~;1:{'1: ;IS ~llSpe(lt-'d drug dt-',lIillg, (ol:ld!w \'t',,,,, Iwlpll;] H~"\Tn-T t"\tl"<l (',U-t-' ",hl\;)d fw Llk{,~llo Ctls::nJ per,..on,\! .."tte1\. Residellb s!:ould Ilt'\er pLlce tl1eIHst'I\'t':-i ,11 risk inr ,ll:\ re,I"oIL ."lJell r!f)("ulIle;l1;lliol: i-" 11w ('-"-,,cI1tia] fotllld;llifJ:: llt't"ded before lllo\'illg Oil to the tH."..:! sU"P BEFURE fi:'..~..""'."'~ 7""r'Wr"'~. . ~,: ~"'.~:j :,::;i ,,~~;:~ . .".. Before; This San Diego County residence, targeted for Neighborhood Safe Streets oUion, was a longstanding source of code violdtions, a blemish to the community', a base for what neighbors agreed was drug dealing and a shelter for undesirable and sometimes threatenmg visitors. Neighbors were concerned about reduced property values and one neighbor was in the process of selling his house because he was concerned about the safety of his fami/v. After The neighbors joined forces documenting the problems for 30 davs and sent a letter to the property owna who was renting the property to his grandson, Within weeks the tenants and traffic were gone and the yard was cleaned up, \t\-'ithin nine monthj major renovations were made to the house Clnd the property was sold. The neighbors were ecstatic Neighborhood Safe Streets Page 2 ...., 2. Notification The lwxl .Sll'p II1\l\he'" 111Ilih'inp,'tht. !;!"optTli ()hlll'l of iLt' prq])lcij;<';. Tl:it, I:; llsllalh d(;]j~' ill tlw !",)rlll of;\ k\({~r oj 110lifiC;lti{1!1 tJL\t c!t"scrilws dl(' dlll'Ulll(-'t1ll,d pro!Jle:lls ;lJld d,J;,I,lllfb I ~ ;1....., )]1:11>1(-' ((IIT(~((iit-' actiol] \\'illlil1;1 "r:wcific ti~ll(-, pt']iod. Tilt, IUI1W :llHllll;;ilil1g ,lddle," Ill;l pnJpl'rt\ ll\\'iwr:s ;llll;llll'r Ilfpllhlil WC()i1! <llld l ,111 llt-:' ollt<l:Jlt-'d In c,dlilJ.~ the S;lll Diego (:nt\j!t: .-\s.st""sor Rn"urdil1,!2; (:it'rk..1 I () l~) i ~:\()-T~7 J Tu;:\()irl kl\'~l~g tl:(-ipri)hl(-,l~l pj()]lCll\ m\"];el" clailll igl]()r<_\llCl' l,f,I,,::, flt"()h:t'l1l. ll~(~ 11\(lSI dft'l'li,t' \\';:\ t() dc!:\'c]" lilt' It-'lhT i... to ....I,l1d 11 In n-rlihcrJ Illail \\'i~l1 deliH'r\' restrictt'll]! 1 the pI ()jJf.1 [\ I )\,'lHT ,Hid ,: "ign;lll,re rt't]Hin.'d. The It'ller 1\-pi(',l1h pl"Cl\'id/~:, the propt-'rt\ ()\\'I,tOr\\-il!J;\ \\-;1\ 1;) (ollt;!Clllw l'\llll1JIL;I,il, gro\lp If lilt' proper!\ oWlwr ('odd pott'1l1it\!h 1w ,I t]ll"e,ll 1(1 lIlEm!wrs of l\;t' (,()1I11111111ii\' gruup. the gToilp lllt\~ (unsidtT giyiJl~ ,! Il;JII1t' ltll!Jcir gn~up ,\lId prodding ,\ pllSl ottllT III I)..,. Y(fiU-'lll,iiltilllnher 01 !'Jntlil address 111;11 i" llol Ii liked to ,j SIHTifll indi\'idua1. II the propert\ O\\'!wr calls In Ilegoti,lll ,I <.;oluti(l!l. lhe ,~TOUp s ]"t-'-prest"Jl{;Hi\'e !ll,)\ \',",\1:1 10 \\'ithllOld 1l1t'!I' idt'lllil\' ill onh'l 10 ,[yoid heing sinp;Jed (J;1l for l"elali,Hioll III most cases tile problel1l prUptT!\ OWller will respolld and Iht' mediation qta S(l}llliol; Gill hegill, 3. Mediation TIlt' lllt-'diatioll I)]"Oless gL'llf'ralh ill\'oln:s:! series of Ilwetil1gs ill which t'xisting probkllh ,lIId potential s/.]uli()ll" ;Ile 111ol"t1ugllh disnl."scd, Throughout lhe plTJC('S:-'. 1Lt, Still D;t'g-n \1(~di,~til)ll (,('!:lU (() I ~l.~:;K,~-11Il f l 1]" \\-\\"\\.I1CI ("l)] 11 i IH-' l (JIll) t';~] I proi"id/~ pnlf"t:s\ilJII,!1 lltedi,ll()r~ 10 1lt'lp Lwilil,lle lllllllllllllic<llill11 ,:1111 \\'urk ()1;1 llfll1p]"(J!llist-'-", TIlt' Illedi,lti()\l pt"oCt-'-s." call he h--'-llgtl1\. Illn it i~ 'Il("(t'ssf"ul ill 1I111.." ltl~t'S. T1H:' rllunh qt'p. lilig,ltiulJ. is;\ ];l:-.! n-''':~rt. IllHltTI,lkt'1l (11Ih if 11lt'di,lli~ III Llils_ lhe SlII,1l1 (~l,lilll:-; (,(Jtll"l It'ljuire" th;ll Llle p<lnit's tlLlt'lllpt to \fork oUllllt'ir r\i~J>ult. prilJr I() Jilillg;i :\t'iglth()rl1:11)d ,,;;k "'lreet" l\-pt' of ,IClin11, History of Neighborhood Safe Streets Neighborhood Safe Streets is an offshoot of Safe Streets Now, a nationally recognized program designed to empower everyday citizens to rid their communities of drug and gang houses, problem alcohol outlets, houses of prostitution and other nuisances that disrupt the peace and harmony of a neighborhood. Safe Streets Now was originally formed by Molly Wetzel in Oakland California in 1990. She formed the organization after successfully tackling a drug problem in her own neighbor- hood. It began in 1987, when a drug house opened on a quiet block in Berkeley, California. Over a two year period, drug dealers and their customers took over the neighbor- hood. Trash and speeding increased, and robbery, burglary, and gunfire became common events. Wetzel - whose teen- ager had been robbed at gunpoint in daylight on the block- suggested to her fellow residents that they ccnsider tackling the drug problem by suing in Small Claims Court. As a public nuisance that was destroying the peace and harmony of the neighborhood the problem could be ad- dressed using civil, rather than criminal remedies_ Wetzel crganized a neighborhood team which documented the drug dealing business and demanded that the property owner take action to resolve the problem, perhaps by evicting the ten- ants. The owner refused. Eighteen neighbors, aged 3 to 65, sued him in small claims court. They claimed the nuisance he knowingly allowed to continue, prevented the neighbors from the "comfortable enjoyment of life and property." Within 30 days, the small claims Judge heard the case and awarded the neighbors their full claim of $36,000. Within days the drug dealers were evicted, the drug house closed and the neigh- borhood began to mend. Media coverage and word-of-mouth brought many requests from residents desiring to learn how to use the approach, and in 1990 Wetzel established Safe Streets Now to pioneer the innovative use of small claims courts by neighborhood residents for drug, crime, and disorder abatement.4 Since then the Safe Streets Now process has been used in dozens of states across the country to address primarily drug houses. The process can be used by any community group as long as there are civil codes that address public nuisances, such as those in California. Even though Small Claims Court does not allow parties to be represented by attorneys, the experience of others who have been through the process can help improve the likelihood of success. With this in mind, Neighborhood Safe Streets, an offshoot of Safe Streets Now, formed a Neighborhood Safety Team. The Team provides technical assistance to community members in the Southern Region of San Diego County who want to use the process to address drugs, gangs and/or chronic alcohol problems linked to private property. Neighborhood Sofe Streets - Page 3 . 4. Litigation Mo.,,! ('~j"f','" ,ln~ ){>s(:l\'t'd \\"l!l10111 the [wed HI filt';l '-;111;1]] (,bi:]]" ;ICil~ n!. Ill;! il i; Ilt't ()lile:-- l1f'c('ss,u"\ il i.... critic,!! [\ut dw ('(Juri he,ll" tlw ilHhidll,l! C;tS{~S ill ,l ..,jll~](~ ~~ni'I!1 Tl1ert'f(~:t"'. ,dl (If"!lu ((Hldilll!:il\ Illt':l;[W:'."; i!;L!~,t filt-' (Og-pLlll'\ ,uHI rctjlwq ,I (u\;solicbH"d Ilt';!rillg. hill (',1("11 (ni;l!lil~l!il\ llWil:JWI" ,,-iil u'('d In 1;I"Cjl<liT [hei] ()'Inl sl~l (d dt)<"I.l!l1(-']ll:' lor fiLllg. T];(~ itlf;ll"IU,:lill;) llt'u:,s,,;u, hH" f'ilil!,:..!,:\ e,\SI. ill (,i\lihlrJli,: em he f('liIH{ ill hill': "\I"\\\u,(JlIrLil1hlX,L:--.;rn", s(~lfllelr) Slll;tllcLl;,ll..... Tlil' filiI I,:..!," Ci)<.,( r;lll.~('" h"(r;ll ~~j()-S7.-) per lwrsoil. clt'IWlldillg IlP(l" [lie ,;ll1tllll;! eacl1lwr....()]] i., l"t'qut'"t!l1g ii, "The goal of litigation is not to win financial judgments but rather to force the property owner to take corrective action to address neighborhood com plai nts." d~lnj;q_;t'..., -\fter tlw c;<."t-'... iI~l\'t' 1w(>]] t-!kd.;\ Lt':;rill~ cLu""' \\.iill~SI:,l]h !n"' ~el "";thil1 :;!I fLl\'''. -\tlUlllt'\';., ,In:' lH a\Jmred 10 rt'Jlrest-.]]( t.illwr plaintiff... or d('rt'Jl(LUll~. IllS[(>,ld (-',Icll p.tr1\' is ailmred It) stalL' lIwir ,';ISt~ ,me! suhmill'\'ider!c(' In lIlt' ('oun. If police testilllOllY i~ 1]t'lt'SS,ln fur the ca~t', pla!Jllifh C.II] P;l\' ,\ sllhpl WlI,l fee to SUIlIlllO}l ;Ul oHlce] Lllniliar witII tlieir Gh('. :\.fter prest'lltaliol1 of eyidcllCe, tlIe,judge \dll is:-'lIe llis or l1er rulillg within :'H) days. AJl panies arc ll(ll!ti~d by Inail (If the rnlillg alld the damages ;w,'(tnlec1. Ir;.: defendant j", o!dered I() P,t\' damag-c:-; s,'he ilIa.\' appeal ill Superinr COllrt. Tile Nt'igldJurh()()d Sak Stn:'d:-. process has heen used 1(1 -"lit' prohlem prclpt'rI\ (J\\'lltT~ in dO/t'n:-i of ca:-.e:.;, (l\'er ilw pasllell \eat"s ill S.ill Dieg(l (,OL!l:[\ ,dth;'l hig!: ....,lIcct':-,:-. 1";\[1,-'. ~! III (' l"al h l I lI11pbill;U II C11ITl'nl h l .;]1 <.;[ It' ili]" up Lf .~7.;)OO, lilt' P1ll1YtTl' O\d~ej- Gill het' "llhSl,~\J\i:d fil1<lnc;,illo:-s if" Ill' bib It I r{':-nht' llle isslle ill.\ S.llisLtct(lI"' H'::\. However. the goal uf litigation is nut to \\in financial judgnnents but rather to force the property O\HlfT to take corn~lcti\'e actiml to address neighborhood complaints. \\-1:(:")1 th--', ill (J beer! \\'iLl1 ,] Ltrge.indg1!ll'l,:. PI"~IIH"rl" ()\,I:('I" ,11"t' unt'lllllflre \\"illill,C; II, \\,(I['k \'.-ilb C~It1!l!lllliit\ llit']:llH-:',''i to illlJ1!t'n:el;[ ,Ill .td{'pL~hlt' S()!util ~Il. III S:lll Pit'go (.~HtI](' t\ "\cighh()r1;O(ld .~aj't.[\ Te,uil Ii,:..., 11~(Jll hlJ"illed [~l prm'ide :'\'t-'ig-I1Il()r!\IIf lc\ !":';d', ~tn'(--'ts ttTJ;!lit";l1 "llppl illl() C{ll1llllU!l:l" memhers i,] till' .",()Lll:elil Reg-itl]] 0/'''';[,1 D!eg-~l (::1l;111i !\:;l1i:~n;lll.jt'. (~lll,b '-i",t;l, !1ll!ltTi;:1 Bt\ICh. (.tlJ(l!i;ld~) ~;Hl Ysirl](). ()t:n' \1t-'sa ;Il:d \.estnrl. TIlt' \:t'i~l1horl:fl(ld ~;~tet\ T(';Ull IIlCIl....,t'<.; t:'xclusin--'h Oil LISt'S tll,1I il.\llhi" di"IlW". ~,\llg:-, ,Uld (Ji" chrnri.i( ;dcohd proldt"l1". T(: delf't-111:1H if" C,S{" qc;lld:t,S L,r y.;"iSL1J((' (,Ill (h 1 :1) .:.j~() ~~ I ~lll t";o.;t. ~t;o or ."cl1d ;Hl CI1I,lj] to Ilt'igh !){ lrll( )(J(b,dd\'@'jll(11IicS1L\1 t'git '~'.~ lrg. References i. CaJiflli"lli" (,i,'i1 Code: 'cclio;) :~4-;\J , ..:.. FoUr-Sl('p pru({'~s idclllilicd h\. Huh Heidel'. F()rl1l('~' l'rug]";:!!! CU(jj"din,\Ior. ~,lk SlIet:[~ \;01\' PnlpY;llll. S;l Diego, ( A .'. Leo \\'ilson. Prugr;\1n (.()u:"dil:;llor, Sa!'e Streets '\0\\ P,.ll,crrall1. S;::l Diq.;ll (:;diron~i;l '1. Historical illl1:li"nUlilll1 (HI S,Il'c StreclS :\0\\" GlIllC fl"Ulll ;ll: UllPldllisilcd re<.;carcl1 r('port :.llbmlucd [(I Ihe l .S UCp;lrtllwllloljllstin' rp~i.\ iSSI/(' !rrit/ln1J" lIlfl' j)!"()({uu'd Ii)' [/ie ',',,"lilolt' In; 1 f-Jlllili.r .'l'tmlr'g;("~~ (f I/u!ljm:/II OI/-l,"{UIt:'flf;UI! (!(hl(;!i('i/l,'.!, jmMir 11m/Iii lh"(()IIr;h r!ulIl/!,{'.\' il/ j)(JfilJ' ami mllllllllill/)' 11Or/IIS. For }JIM!' in/oFllia/WII, mil (619i 4i(l-91f)(J, (-'-/JUU/ In!o@jmNirSlmlr'PJf's.llIg OJ visit wZJlul.jw/J!/nlrahgin.oli! FlIlldt"d h\ [llt:'- (.:Wllt\' of ~an ()it,~-(), HealL1, ;lllrl HUIII<l11 St'r\'icc,,-: -\gt>IlC\. -\In ,110] and nrtl~ Ser\'ict'''. Institute for Public Strategies 590 Third Ave., Suite 204 Chula Vista. CA 91910 Phone: (619) 476-9100/ Fax: (619) 476-9104 Email: info@publicstrategies.org Nel0hborhood Safe Streets Page 4