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HomeMy WebLinkAbout2006/07/25 Additional Information t\.lt- L 0 Cory\m~ '\kmcb.L+by :J0-fc.e.J<f(\ "'omas eolVlez. " * 415. Fighting; noise; offensive words Any of the following persons shall be punished by imprison- ment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or bOlh such imprisonment and fine: (l) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) AnY'Ptfson who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which arc inherently likely to provoke an immediate violent reaction. (Added by Stats.1974, c. 1263, p. 2742, .~\ 2. Amended by Stats.1976, c. 298, p. 606, 9 I, Scats. 19B], c. 1092.9 283, eJ! Sept. 27, 1983, operative Jaf/. 1, 1984) Cros~ Hererence~ Disorderly conduct, see Penal Code * 647 Disorderly conduct at'scene of burning building, see Penal Code ~ 148.2. Disturbance of religious meetings. see Penal Code S 302. . Funeral service or interment, disturbing, see Health !lnd S<lf'ety Code 98101. Maliciously ddined, see Penal Code ~ 7 Power to imprison to protect the public peace, see Government Code S 202. Refusal to aid officers in prevention of breach of peace. see Penal Code 9 150. Willfully defined, see Penal Code ~ 7 ~ 837. Private persons; authority to arrest ARRESTS BY PRIVATE PERSONS. A private person may a] rest another: 1. For a public offensl.: .committed or attempted in his presence. 2. When the person arrested has committed ::l felony. al- though not in his presence. 3. When 3. felony has been in fact committed, and he has reasonable cause for b~lieving the person arrested to havt.: committed it. (Enac(ed IR72.) Cross i{cfcrCIlCCS Felony detined. see Penal Code * 17 Justifiable homicide, arrest, see Penal Cude ** 196.197 Misdcmeanor defmed, set: Penal Code * 17. Peace officers, punishment for refu~ing to receive or arrest person charged with criminal offense, arres[~ by private persons c.~empl(;d, see Penal Code s 142 Pelt}' theft of retail merchandise. see Penal Code s 490.5. Public otfense defined, see Penal Code ~ 15. * 142,. Oniccr refusing to receivc or arrest P~,~~~~;:~.r,'i\{'). With offensc; puni.~hmellf; designation of, f:icilili,t's classes of Jlrisnncrs by sherill; exemplion :""'-\' ;;i~S-1,i:". . '. ,}-l;flll~'H; (a) Any peace offIcer w~o has .th~ autho.rity tO~,:/relc,?[i,:t?;,~\~~,;; arrest a persOl: charged WIth a cflllllllal ufjensc'"aI~:~1.~!.!f1Wt ~~fuses to recel.ve or arrest that person shall be pU!1~~},l,.S~;~y~~;t,.r 11llc not exceeding ten thousand dollars ($IO,OUO); or by,!ipmrl,slit onment in the state prison, or in a county jail not cxce'ediJ"ig:bh~i year, or by both that fine and imprisonm;nt. "~~~~;j:~II-' .' .(b) Notwithstanding subdivision (a), tht.: sheriff:'ri'i~~IKg~tei~ n~IIle .whether any jn.il, institution, or facility undcr."'J:}i,~;~~r;'i\,'~f;: dm;ctJon shall be dt.:slgmltcd as a reception, holding"(}~~S.o.>>f.VI;.!{' ment fa~ilit)', or shall be used for several of those P!-lfP.P~E~~'pn:H. lllay desIgnate [he class of prisoners for which ~ faciI1ty..~h~JEp,f} used. . "i' ,ft(~:}~('fll (c.) This section shall not npply to arrests made purSl1arit::~~t'i SectIOn 837. (Enacted 7872. Amended by S(uts.1957;.c.:!13Y,ip,d 742, .9 29; Slals.I9l0, c. 829, p. 7563, .9 1, SI(1(s.1976,' c.Uh9})JJ 5093, 9 120, opera live July 1, 1977; S(ul.1'.1979, c. 169, p.'387,<.91!~ S(ats.19B3, c. 1092, ,9 239, urgency, ell Sept. 27, 1983, ,oper~!/r%, fan. I, /984; Stars. 2002. c. 520 (A.B.1835),.9 I.) '~~iu:,':'!'i:'1.il~~ !bndouf ~ i-/zsloc,., U>UI\c.l M-cefilnq CL ~ MIce. J c."" COMt'\1 iX.; Assumptions behind presentation by Peter Watry City Council, July 25, 2006 The "Gross Rent Multiplier": Yearly total of monthly rents X Gross Rent Multiplier = value of the property A real estate broker in San Diego told me he uses "]2" as the multiplier. A Chula Vista broker told me he uses "10" as the multiplier. I used 10. Note, however, that what is important is the relative values, not the absolute values, so it would not make too much difference which number you used as the multiplier Calculations: $400 x 75 x 12 x IO = $3.60 million $650 x 75 x ]2 x 10 = $5.85 million $ 1800 x 78 x 12 xlO = ]6.848 million '. t-Jo . n PLANNING & BUILDING DEPT 2006 - 10 STRA TIGEC PLAN & WORK PROGRAM Georgie Stillman, ASA, member Resource Conservation Commission Speaking for the Resource Conservation Commission Last week the RCC had the opportunity to review the Planning & building Dept's 5 year strategic plan. We are pleased and proud of the outstanding quality of the Planning & Building Dept's work. They are recognized Nationally and Regionally for their innovations and leadership in progressive planning techniques and efficient procedures. They are also recognized Nationally & Regionally for their Green Building policies and their Environmental stewardship. We have a few recommendations that will, in our opinion, strengthen their Strategic Plan & Work Program for the coming years, and that will bring it more into line with our new General Plan & Urban Core Specific Plan. 1. GOALS The language HARMONIZING CHANGE and COMP A TABLE DESIGN should be included. These design principles are the key to our west side development - and yet they are no where found in the Strategic Plan. 2. SUST AINABLlTY - page 4 In order to effectively protect our WATER QUALITY and manage the WATERSHEDS we need MORE MONITORS to monitor chemicals and run off. Currently the Dept only has one monitor, and this is inadequate given the scale of projects and areas that need attention. We recommend that more staff be assigned to this effort. 3. rnSTORIC PRESERVATION -page 5 This section of the Strategic Plan is woefully inadequate. As Chula Vista plans major growth and redevelopment on the West Side, we have inventoried only a tiny fraction of our Historic Properties and Resources, . . including buildings and mature landscapes. We have only approximately 60 properties on the current list, when there are many more worthy properties yet to be included. Ifnot listed on the inventory, they will face the threat of permanent damaging alteration or demolition. Currently the Dept has only one part time staff working on the Historic Resources Inventory. We recommend that MONEY BE ALLOCATED TO ENHANCE THIS EFFORT, and the STAFF AND RESOURCES BE IMMEDIATELY INCREASED to complete the inventory before we proceed with the West Side Development. CORR's Races - Report from J.R. Provencher with Code Enforcement I wanted to update you with C.E.'s observations of CORR. Officers have been periodically monitoring the CORR site and event since Tuesday 7-18-06 for compliance with the conditions in the approved CUP. Our officers have observed and documented some violations such as - no trash cans in the parking lots, trash and litter in the parking lots, race trucks starting their engines prior to the approved time, more than a dozen trucks on the race track during practice sessions, a stage for live band and live music being played during the event, Mariachi bands strolling around the event playing live music. I observed most of these violations myself when I worked the event Sunday morning from 7:00am to 11 :OOam. I have also personally spoken to Mrs Gomez on several occasions, both on the telephone and at her home. She is the complainant from the last event and now a current complainant about this event. In an attempt to be proactive I went to her home on Sunday morning to speak with her again. She immediately told me of her complaint to CVPD about the "live concert" at the CORR event the night before. She was upset at the lack of service which she felt she deserved. She was also upset with the dust being generated by the grading that was going on due to the new development. She said the grading company needed to wet the area to keep the dust down but they weren't. Gomez had spoken to her neighbors and she related that they were upset with the CORR event as well. I asked if they made formal complaints and she said she didn't know. Gomez told me that she would definitely be at the city council meeting on Tuesday to voice her displeasure with the event and demand that the organizer be fined for violating the conditions of the CUP. After receiving an emaillate yesterday stating that Gomez Would Not be at the city council meeting I called Gomez this morning to ask if she was positive that the music she heard was coming from the CORR event. She said that after being disturbed by the music she went down to her car and drove to the end of View park to have a different vantage point and she is positive the music was coming from CORR. I asked if she could be mistaken and the music could have come from Coor's Amphitheater. She said no. I also asked her if anyone else had spoken to her about her complaint and if she had decided not to attend the city council meeting? She said she was definitely planning on being at the city council meeting tonight. As of this writing, C.E. has received a total of 5 complaints about this past weekend's CORR Event. The specific complaints were about the amount of dust and noise from the event and noise / music late into the night on Saturday night. Mrs Gomez is 1 of the 5 complainants. ~ ~ -~ ~\f? -.~ ~~~~ -' --- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ellY OF CHULA VISfA !1if~~~~~"""~-~~~~.J!RII Tuesday, July 25, 2006 FROM: HonofJble Mayor & Councilmcmbcrs Zaneta Salde Encarnacion, Constituent Services Manager'~ Public comment at tonighes council meeting. TO: RE: ~~~;T~~~~~~~~~~'!l~ Two groups of citizens will be speaking during public COlnment at tonight.'s councillneeting 1 have spoken to representatives from the two groups, and below you will find a summary of their concerns. Sunbow II Daybreak Community: Residents concerned over consistent crime occurring between 12 a.m. and 5 a.m. Request to have a community \vorkshop addressing their concerns and four specific questions (see attached letter). I have spoken with Mr. Elroy Kihano and will be working \\7ith him to coordinate such meeting. I have also informed him about the Council Public Safety Subcommittee's next meeting of August 2, 2006 2. CORR Races: Ms. Jocelyn G0111CZ Thomas ,vill be attending with a group of her neighbors. Ms. Thomas first contacted the Council offices after last year's CORR's races to voice her disapproval about the noise and impact on surrounding cOITIlTIunities. All complainants of last year's races were notified by our office of the proposed races this year) which some attended the public heRring to speak. Ms. Thomas was unable to attend, but has stayed in contact with our office to voice her growing concerns. These include dust) live concerts, and the lack of police response to her calls for disturbing the peace, in particular to the live concert (not authorized by the CUP.) 'please see attached email summary provided by staff. I have spoken with Ms. Thomas and she is planning on bringing a group of neighbors who share her concern to tonight's lneeting. Cc: Tom Oriola, Chief of Staff ~ ce. ~o~ ~-(E:. C k""",c..~ July 24, 2006 To: THE HONORABLE CITY COUNCIL OF THE CITY OF CHULA VISTA CALIFORNIA 276 4Th Avenue Chula Vista Ca 91910 From: Joseph Mack & George Moore 201 Twin Oaks Ave Apt. C. & J Chula Vista Ca 91910 619-476-7311 josephlmack@netzero.com Regarding: The approval of the Twin Oaks Villa apartment complex to be converted to Condominiums without the knowledge of its tenants or the surrounding neighbors. The Law regulating Apartments being converted to Condominium as stated by the Calif. State Real Estate Law. TAKEN DIRECTLY FROM THE CALIFORNIA REAL ESTATE LAW BOOK PAGE 32. "A landlord who wishes to convert rental property into condominiums must obtain approval from the city or county planning agency. The landlord also must receive final approval in the form of a public report issued by the state Department of Real Estate. Affected tenants must receive notice at various staqes of the application and approval process." Government Code Section 66427.1 (a),(b) These notices are designed to allow affected tenants and the public to have a voice in the approval process. Government Code Section 66451.3. Tenants can check with local elected officials or the housing agencies about the approval process and opportunities for the public input. Perhaps most important, affected tenants must be aiven written notice to the conversion from apartmentto condominiums at least 180 davs before their tenancies ends due to the conversion. Government Code Section 66427.1 (e) . The law also states this previous process usually takes upward Of two (2) years and the tenants must be kept informed of the progress of said intent to convert. TO DATE I, WE NEVER RECEIVED ANY FORM OF WRITTEN NOTICE FROM AN OWNER INCLUDING THE PRIVIOUS OWNER OR THE CURRENT OWNER OF INTENT TO CONVERT THE TWIN OAKS VILLAS APARTMENTS TO CONDOMINUMS. It is evident, We have been denied our rights under action of secrecy followed by trickery. As evidence a correspondences was received demanding we vacate the property in 30 days or less.. NOTE: Some of the tenants had been living at this location in excess of ten years. This in itself made this demand extremely difficult to execute without putting your health at risk along with having to produce a major financial outlay. This action took over eighteen families by surprise and put them all in chaos. 2. The law states that a process must be met and approved by the City, the county and lastly the city council. Also, stated is that this is a lengthy process. If so why did we not get notice of this approval by your council? None of the following criteria to my knowledge and research was preformed. a. None of the tenants were ever informed of the property being considered to be converted to condos. The first we heard was when we learned of the sale of the property. I The law states clearly "If an owner has intent to convert an existing occupied, KEY WORD OCCUPIED apartment complex to condos. The owner must notify the tenants of his intent via certified mail. Additionally, as the owner moves through this process, they must keep the tenants abreast of the outcome (Progress). b. After checking with the neighbors around the Twin Oaks Villas Apartment Property, I find another possible violation of the conversion law. Non of the neighbors and I contacted most of them, never recall receiving any notice, registered mail or heard any talk of this conversion The law states that the owners with intent to convert must contact all of there neighbors within a 100 feet of the property to allow them to be aware of their intent. Give them the opportunity to voice their opinion on the impact this conversion could cause both positive I negative. To date I have not found one neighbor who has received any type of notice of this intent. Note most of these neighbors have been living around the apartment complex longer then there has been a complex. What has happened here I believe is the city of Chula Vista, the County Of San Diego and the City Council of Chula Vista has been mislead or just chose to turn there back on. We can find no evidence of fair play in this conversion approval. c. I Joseph Mack the ON-SITE PROPERTY MANAGER was never told that the property was converted or was under conversion to condominiums ever I rented apartments to the public and I never was informed of _ such information such as the property was beina converted or had been converted to condominiums. All the contractual agreements and renting of real property I made and in my absence made by my senior manage made no reference to condominium. All paperwork and discussions always referenced the Twin Oaks Villas as Apartments. a. Lack of hot water, b. Turning off of the water during the day time c. Entering apartments without approval 201 C, F, H, J, 203, 205, 207, 219 Note: In one instant the tenant occupying apt 201 F departed for work mid afternoon leaving his girlfriend in his apt. We learned that upon his departure members from Mr. ledesma construction crew took it upon themselves as to unlawfully enter this apt. When they did, they walked in on this tenants nude girlfriend who was entering or exiting the shower - bathroom. d. Treats to cut the locks off of my garages and others. The need to call LAW ENFORCEMENT was needed to clear this issue. e. Turned of the gas and hot water along with the building electricity. 1. no gas no hot water 2. No electricity means no hot water and no outside safety lighting for the tenants that remain. You need electricity to ignite the burner in the hot water tank. During there unlawful demol~ion of more then 90% of the property they found a way to keep electricity on for the workers. f. Building without building permits, or approved floor plans by the city of Chula Vista. Fact, Ms. Joan Schmid C~y of Chula Vista Code Enforcement Officer discovered that Carlos Leeds had started demolition gutting of the property and construction redesign of the property without any building permits. His construction workers were installing new electrical boxes running wire, the plumbers were installing new copper lines, the others were installing new 2X4 and 4X4 Correction, the roofers had received permits to install the new roofs 3. Unlawful use of my name as being part of the new owners management staff. For your review please peruse the correspondence sent out by Mr. Carlos ledesma dated April 1 0, 2006. At the time of this correspondence no one had discussed with me nor had received my approval to use my name in any correspondence. Lastly, I had no prior knowledge of this correspondence or what the details of the requested duties may have encompassed. 4. Threats of hate, left on garage number 2 first seen the week of July 9,2006 Please review the CD. provided, the content is too vulgar to mention on paper. Your looking into this matter would be greatly appreciated, and an explanation on why and how this took place. Joseph Mack George Moore