FEBRUARY
19, 2008 COMMENT (Click for
Video of Ned's Comments.)
DEAR MAYOR AND CITY
COUNCIL MEMBERS
FOLLOWING UP ON MY COMMENTS MADE TO THIS BODY DECEMBER 4, 2007,
WITH RESPECT TO THE SOUTHWESTERN COMMUNITY STRENGTHENING PLAN AND NOW THE
WESTERN CHULA VISTA
REVITALIZATION PLAN (comments in notes for
PowerPoint are mine, editor T.A.) INTRODUCED AT LAST
WEEK’S COUNCIL MEETING.
MY UNDERSTANDING OF
THE SOUTHWESTERN
COMMUNITY STRENGTHENING PROJECT IS THAT THE CITY WORKS WITH THE
COMMUNITY, OBTAINING INPUT FROM THE VARIOUS COMMUNITY GROUPS AND THE RESIDENTS
OF SOUTHWESTERN Chula Vista TO GAIN TRUST AND ACCOMPLISH A PRIORITIZED RESULT.
THE COMPETING CASTLE PARK APPEARANCE PROGRAM
IS WHAT PROMPTED MY APPEARANCE AND COMMENTS ON DECEMBER 4. IT WAS
INTRODUCED TO THE RESIDENTS BY A LETTER FROM CODE ENFORCEMENT NOVEMBER 2007
DEMANDING THAT THE RESIDENTS ALLOW ACCESS TO THEIR PROPERTIES FOR AN OPEN ENDED
INVESTIGATION.
THIS IS NOT A
COMMUNITY STRENGTHENING PLAN BY ANY STRETCH, BUT IS MORE CORRECTLY A COMMUNITY
STRONG ARM PLAN.
THESE TWO PROGRAMS
ARE ON A COLLISION COURSE WITH TRUST BETWEEN THE CITY AND THE RESIDENTS AS THE
CASUALTY
AFTER MY COMMENT
DECEMBER 4, I WAS ASKED BY A CITY OFFICIAL "HOW DO WE IMPROVE THE
APPEARANCE OF THE AREA"? MY RESPONSE WAS SIMPLE - START BY REPAIRING OUR
STREETS. MANAGE OUR ASSETS
AND QUIT USING THE COST OF SIDEWALKS AS AN EXCUSE TO IGNORE ROAD REPAIR
ALTOGETHER
AND MORE IMPORTANTLY
STOP THE CITY INTRODUCED BLIGHT.
FORCE CONTRACTORS
AND UTILITY COMPANIES TO MAKE QUALITY REPAIRS WHEN THEY OPEN UP THE STREETS,
RATHER THAN ACCEPT THE UNBELIEVABLY POOR QUALITY STREET REPAIRS THAT WE ARE
PLAGUED WITH IN THE COMMUNITY.
THIS IS THE BLIGHT
THAT THE RESIDENTS ARE CONCERNED ABOUT AND FORCED TO LIVE WITH - MAKING IT
DIFFICULT TO WALK OR RIDE A BICYCLE OR UTILIZE ANY OTHER ECONOMICAL FORM OF
TRANSPORTATION. I AM NOT TALKING ABOUT POT HOLE REPAIR - MOST OF THE
POT HOLES ARE CAUSED BY THE POOR QUALITY REPAIRS ACCEPTED BY CITY OFFICIALS.
LOOK AT THE STORM
DRAIN WORK THAT IS UNDERWAY IN THE CASTLE PARK AREA IF YOU WANT EXAMPLES:
NAPLES STREET BETWEEN 4TH AND 5TH; 4TH AVENUE
SOUTH OF L STREET, EMERSON STREET, AND MUCH MORE - HORRIBLE WORK - THE
CITY SHOULD REALLY BE EMBARRASSED BY THE POOR CONDITION OF WORK DONE ON
OUR STREETS AND INFRASTRUCTURE. (Click here to see pictures of the work
on Emerson.) IF YOU NEED TO
UNDERSTAND THIS CONCEPT WATCH THE DISNEY MOVIE "CARS"; SEE WHAT
HAPPENS IN FICTIONAL "RADIATOR
SPRINGS" WHEN THE STREET IS REPAIRED - MEMBERS OF THE FICTIONAL
COMMUNITY COME OUT TO MAKE IMPROVEMENTS AND THE COMMUNITY THRIVES. DISNEY UNDERSTANDS THIS
BASIC PRINCIPLE; GO LOOK WHERE
THE ROADS HAVE BEEN IMPROVED - YOU WILL NOTICE A CLEAN-UP OCCURS NATURALLY, BY
THE RESIDENTS - IT DOES NOT TAKE 5 CITY ENFORCERS INVESTIGATING LOOKING FOR A
SPLINTER THAT IS OUT OF PLACE. WHY DOES THE CITY NOT UNDERSTAND?
I HAVE RECENTLY
ATTENDED A FOCUS GROUP OF THE SOUTHWESTERN COMMUNITY STRENGTHENING PROJECT AND
BELIEVE THAT WELL MEANING PEOPLE ARE PARTICIPATING. I DO NOT WANT TO SOUND
NEGATIVE ABOUT THE PROCESS BUT IT MUST BE MORE THAN ANOTHER EXPENSIVE
CONSULTING REPORT, THAT IS IGNORED. FURTHERMORE, THIS
GROUP IS HEAVILY WEIGHTED TOWARDS THE NON-PROFIT DISADVANTAGED SECTOR OF
THE COMMUNITY. I HAVE HAD DISCUSSIONS WITH CITY OFFICIALS REGARDING MY
CONCERNS AND HOPE THIS WILL BE CORRECTED WE NEED
REPRESENTATIVE OF THE BUSINESS COMMUNITY; A CHAMBER OF COMMERCE
REPRESENTATIVE; RESTAURANT
BUSINESSES?? - BETWEEN MOSS STREET AND
PALOMAR STREET ON THIRD AVENUE EXISTS ONE OF THE GREATEST CONCENTRATION OF GOOD
PLACES TO EAT IN THE CITY - PIZZA, A BREWERY, JAPANESE, MEXICAN, FISH &
CHIPS, BASKIN & ROBBINS AND MORE;
LARGE END RETAILERS FROM
THE PALOMAR STREET/BROADWAY CORRIDOR?? - WALMART, COSTCO, TARGET AND MORE; A
MAJOR ECONOMIC ENGINE FOR THE CITY AND
THE AUTOMOTIVE
BUSINESS REPRESENTATIVES FROM THE MAIN STREET CORRIDOR?? - NEW CARS, USED
CARS, PARTS, REPAIR AND MORE.
NOW, ABOUT YOUR
COMMUNITY STRONG ARM APPEARANCE PROGRAM:
5 CITY OFFICIALS ON
DECEMBER 17, 2007, CONDUCTED THE CODE ENFORCEMENT INVESTIGATION. 2 CODE ENFORCEMENT
- 2 POLICE DEPARTMENT AND ANOTHER CITY OFFICIAL THEY ENTERED 2ND AVENUE
BETWEEN NAPLES STREET AND EMERSON STREET (A NICE APPROX. ½ BLOCK AREA) TO
INVESTIGATE FOR CODE VIOLATIONS. CAN ANYONE ARGUE THAT THIS WAS
ANYTHING OTHER THAN STRONG ARM AND INTIMIDATION?? PROVEN BY EMAILS BETWEEN CODE ENFORCEMENT AND THE
POLICE DEPARTMENT OBTAINED UNDER A RECORDS REQUEST
IT DOES NOT APPEAR
THAT A SHORTAGE OF MONEY EXISTS WHEN IT COMES TO STRONG ARMING
RESIDENTS MIS-TRUST IN
THE CITY IS WELL PLACED; HARD TO BELIEVE ANYTHING COMING FROM THE CITY
ANYMORE
NOW, THE BOATS,
CAMPERS AND VEHICLES HAVE BEEN RE-PARKED, BUT THE STREET SURFACE ON 2ND.
AVENUE IS STILL IN A VERY POOR, BLIGHTED CONDITION -
AVERAGING LESS
THAN 10 FEET IN WIDTH FOR THE TRAFFIC LANES,
CURBS AND GUTTERS
CONSTRUCTED FROM ASPHALT CROSSING RESIDENTIAL DRIVEWAYS,
SANDBAGS PERMANENTLY
INSTALLED AROUND DRAIN CULVERTS, RESIDENTS HAVE HAD TO CONTEND WITH A SINK
HOLE THAT OCCURRED WITHIN DAYS OF THE WORKS COMPLETION AND MORE. (Click here to see pictures of the work
on Emerson.)
I AM ACTUALLY
EMBARRASSED FOR THE CITY MYSELF. MAYBE THE CITY COUNCIL SHOULD GIVE SOMEONE A
PLAQUE OR CERTIFICATE TO HANG ON A WALL FOR THE JOB WELL DONE.
THE CITY SEES
POVERTY AND BLIGHT BECAUSE THAT IS WHAT IT IS LOOKING FOR; REENFORCING THE
NEGATIVE IMAGE THAT THE CITY ITSELF HAS OF THE COMMUNITY. A POSITION THAT
THE RESIDENTS DO NOT SHARE WITH THE CITY.
(Video from city
presentation)
WHEN I REVIEW A CITY
GENERATED REPORT WITH AN EMPHASIS ON THE 20% OF THE RESIDENTS THAT
ARE BELOW POVERTY LEVEL, I SEE A REPORT STATING THAT 80% OF THE RESIDENTS ARE
DOING OK. WHAT DO YOU SEE?
THE CITY STAFF
AND ELECTED OFFICIALS MUST IMPROVE THE IMAGE THAT THEY THEMSELVES HAVE OF THE
COMMUNITY. POOR, UNDERPRIVILEGED, BELOW POVERTY LEVEL, BLIGHTED - AS I
SAID THE RESIDENTS OF THE AREA DO NOT SEE IT THAT WAY. THIS IS A VERY
BASIC DIFFERENCE THAT EXISTS BETWEEN US.
FINALLY, THIS IS NOT
ABOUT SIDEWALKS, CURBS AND GUTTERS; ACTUALLY I PERSONALLY COULD CARE LESS
WHETHER OR NOT THE CITY INSTALLS SIDEWALKS, CURBS AND GUTTERS ON MY 
STREET.
THIS IS ABOUT BROKEN PROMISES AND
EXCUSES - THIS IS ABOUT BASIC INFRASTRUCTURE - THIS
IS ABOUT MISTRUST IN CITY OFFICIALS - THIS IS BASICALLY AND ULTIMATELY ABOUT
RESPECT FOR THE COMMUNITY BY CITY OFFICIALS.
REPAIR THE
STREET. DON’T PUT UGLY ASPHALT CURBS ACROSS THE DRIVEWAYS, WOULD THE
CITY ALLOW THESE REPAIRS IN OTHER AREAS OF THE CITY? WHEN A CONTRACTOR OR
UTILITY COMPANY BREACHES THE SURFACE OF THE STREET, FORCE THEM TO MAKE GOOD
REPAIRS. I URGE YOU TO VISIT THE ROADS THAT I HAVE MENTIONED AND SEE IF I
AM CORRECT.
WE REJECT YOUR
"SOUTHWESTERN CHULA VISTA COMMUNITY SHOW OF STRENGTH PLAN"
WE HAVE JUST
CELEBRATED PRESIDENTS’ DAY
BRINGING ME TO THE
FINAL POINT OF THE COMMENT LEFT AT THE PODIUM ON DECEMBER 4, WHICH IS BEST
STATED BY OUR FOUNDING FOREFATHERS AS FOLLOWS:
"THE RIGHT OF
THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS AND EFFECTS, AGAINST
UNREASONABLE SEARCHES AND SEIZURES SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL
ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND
PARTICULARITY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO
BE SEIZED." 4TH AMENDMENT TO BILL OF RIGHTS RATIFIED
DECEMBER 15, 1791
YOU PAUSE FOR A
MOMENT OF SILENCE BECAUSE WE HAVE FRIENDS AND FAMILY FIGHTING TO BRING THESE
RIGHTS TO A FOREIGN LAND WHILE YOU, OUR OWN GOVERNMENT, HAVE BECOME DETERMINED
TO VIOLATE THIS RIGHT AND IN ITS PLACE SUBSTITUTE AN INVESTORS BILL OF
RIGHTS TO GUARANTEE A PROFIT FOR WEALTHY OUT OF TOWN INVESTORS AND PROFITEERS.
• “Investor
Bill of Rights” (•e.g. Project Schedule with Agreed Upon Target
Dates/Commitments)
THE LETTER FROM CODE ENFORCEMENT
CLEARLY DEMANDS A SEARCH OF PRIVATE PROPERTY WITHOUT A WARRANT, EVEN INVOLVING
THE POLICE DEPARTMENT TO OBTAIN "COOPERATION," WHICH WOULD NOT BE
NEEDED IF TRUST IN THE CITY EXISTED. THE EMAIL FROM CODE ENFORCEMENT TO
THE POLICE DEPARTMENT GOES EVEN FURTHER STATING THAT PARKING VIOLATORS WILL BE
CITED BUT THE STREET IS IN SUCH A CONDITION THE CODE ENFORCEMENT OFFICER CANNOT
EVEN DETERMINE WHERE THE STREET EDGE TERMINATES AND PARKING BEGINS DO YOU LISTEN TO
YOUR SELVES - AREN’T YOU EMBARRASSED???. MY TIME IS UP: YOU MAY RECALL THAT
WHEN I SPOKE IN DECEMBER I WITHDREW MY SUPPORT OF THE CITY IN ITS REDEVELOPMENT
EFFORTS IN FAVOR OF OPPOSITION. I NOW WANT TO
INTRODUCE TO YOU TO THE GROWING FACE OF OPPOSITION: THE GROWING FACE OF
MISTRUST - RESIDENTS MEET YOUR
MAYOR, CITY COUNCIL AND OTHER DECISION MAKERS. DECISION MAKERS MEET
YOUR GROWING OPPOSITION AND MISTRUST; THESE RESIDENTS TOOK THE TIME
TO MEET YOU TODAY. FOR MANY THIS IS THEIR FIRST TIME AT A CITY COUNCIL
MEETING AND HOPEFULLY NOT THE LAST. GOOD NIGHT. (Letter
sent to neighbors, asking them to come.) Editor (Theresa Acerro)'s comments: After Ned and about half of the
50 residents who came to support him left, I filmed the reactions of the City
Manager and Council. I was extremely
disappointed in the City Manager (video of his comments). I
had thought he was an honest man who would tell us the truth, but unless staff
misinformed him, I no longer think this.
He slandered Ned in keeping with the current smear campaign being waged
against activists in the city. He stated that Ned was cited for having junk
vehicles and illegal structures on his property and he is taking great umbrage
with this. This is absolutely untrue. First he was not sited for anything. He
was given a notice that his large expensive boat that was parked in a driveway
on his property was illegally parked. (This is debatable, because it was on a
driveway sitting on a licensed trailer, but Ned removed the boat.) He also was
told that the canopy over the driveway was not allowed. (This is a new
regulation that has not been well advertised by the city, and hundreds of
people use these in their driveways. Ned also removed this.) The code enforcement
officer, even though she could not tell where the street began due to its poor
condition, also objected to the licensed, operative car parked facing into the
edge of the street instead of being parked parallel. (If you drive anywhere in
this area you will see that most cars are not parallel parked because there are
no curbs. Ned re-parked his car the way he was requested to park it.) The City
Manager ended by saying that the city would work with Ned to get the city owned
property repaired in his neighborhood. People applauded this last comment, but
his other comments were totally uncalled for and inaccurate. Councilman Ramirez
spoke next. (Click
here to see video.) He said he read all of Ned's documents and he had to
agree this was not an appropriate way to go about code enforcement. He wants to
meet with residents and ask them how we should address these code enforcement
issues. He pointed out that just as
many people are asking for more code enforcement as are objecting to what
happened in Ned's neighborhood. He did say he thought the way this was handled
was not a smart way, and he was committed to finding a better way with the help
of the residents. Councilman Rindone said
he knew many of the people present and knew they were concerned with their
neighborhood. (Click
here to see video.) He expressed opinion that all properties need to be
brought up to standards compatible with the rest of the neighborhood. He stated that Code Enforcement must be done
with compassion. Councilman Castaneda spoke next and
supported Ned fully. (Click
here to see video) He acknowledged that the infrastructure problems were
the city's responsibility and instead of hassling the residents the city should
be working with the residents and focusing on taking care of the neglected infrastructure.
He stated that the city needs to think about partnerships not running through
the neighborhoods with a fleet of code enforcement officers. The city needs to
make a commitment that it will do what needs to be done to make neighborhoods
nicer. Mayor Cox spoke last and cut off the
applause for Councilman Castaneda, who clearly listened and understood why
people were there. (Click
here to see video) She took advantage of the situation. She told the people
who were left that they demonstrated their interest in the community by coming.
She introduced Nancy Lytle and asked her to give out fliers about two upcoming
meetings for Community Strengthening Strategies in the southwest. She asked the
people to become involved with this effort.
PLEASE
STAND AND BE COUNTED. 
I
RESPECTFULLY THANK YOU FOR ALLOWING ME TO SPEAK