HomeMy WebLinkAbout11-4-2020_CLOSED SESSION AGENDA ITEM A_Mitchell, Hank_ re contaminated debris_RedactedFrom: Hank Mitchell [mailto
Sent: Tuesday, November 3, 2020 5:14 PM
To: Bessine L. Richard; Fred Shorett; Genoveva Rocha; Henry Nickel; Jim Mulvihill; Mayor John Valdivia; Juan Figueroa; Robert Field;
Sandra Ibarra; Theodore Sanchez
Subject: MCC 11-4-2020 CLOSED SESSION AGENDA ITEM
November 3,2020
City of San Bernardino
RE:
MCC and city manager
Sub re: MCC 10-21-2020 resolution 2020-265 modified by Nickel, approved 4-2 , no veto.
To the mayor and full council, City manager, outsourced city attorney,
Your resolution last council meeting and 4-2 vote to approve, was a very wise decision for all parties involved.
It gave back the safety, health and well-being to the residents in Verdemont.
It let staff know that they are not to use their own agenda, or appease an agenda led party, to approve any projectsthat are detrimental to the city and the residents by declaring them as non CEQA and / or letting them slip thru statingany negatives have been mitigated..
It let developers know that no longer will forgiveness take place of permission, as this Oxbow contractor is trying toachieve..
It shows all , that the contractor did in fact, breach at least 5 areas of the TUP.
It showed by a 4-2 vote, some irregularities in council’s true mission to protect the city and the residents.
It showed by a 4-2 vote, that some are more concerned for the welfare and finances of the developer
This resolution gets the full backing of the Verdemont community if you keep in intact and enforce the removal of thiscontaminated construction debris asap.
To the two councilmen who voted no, I hope by now ,you have realized your priorities were wrong, that you are hereat the dais to :
1-better and maintain a quality city for it’s residents
2- protect the city from abuse by outside influences
3- protect the citizens / residents from the same outside influences
4-provide the 4 basic services to the community.
Your 2 votes , concerning the cost to the developer to remove this contaminated debris ( it is most certainlycontaminated since fire burned cement now has contaminants in it inheritantly) is not your concern. This developer lovedto hear the words from one councilman , “assumption or implied”.
Those two words are not with in the four corners of the TUP contract, nor is the TUP granting dirty, contaminateddebris to be the product hauled up and dumped in the residential neighborhood at the extreme negative benefit to theresidents there-in; which the winds soon after proved me correct.
Honorable Ms Richard, you were absent this council meeting when the decision was made.. I as you know have an office
in the 6th ward, and know how this is one of the most flagrant issues we have in the 6th ward on a daily basis. I am sure
we have your support, knowing how Honorable Figueroa in the 3rd ward, is also having this same issue (in the same areaI grew up in also). It must be addressed and now is the best time to draw the line on this dumping on the city, theresidents and our wanting to clean up the city from such activities.
Developers, and offenders of all types, cannot keep asking for forgiveness, knowing they would have never gottenpermission in the first place.
“Assumptions and implieds” create lawsuits and the use of them is an excuse used by offenders to get forgiveness,since they DID NOT GET PERMISSION and knew they could not..
A corporate contract attorney friend once told us, “ALL CONTRACTS ARE MADE TO BE BROKEN AND ASSUMPTIONS ARETHE KEYS TO THE TORTS”.
The only lawsuits the residents would consider , today , if the city holds up their resolution and stands tall, would bemost assuredly at the developer and or his assigns, and it would be double the amount the developer would try to getfrom the city . The residents feel the council, though not in full unanimous support, did in fact protect the residents andwe would stand by good judgement anytime.
Some of the residents feel the DA should get involved, since this could be a fraudulent move by developer to dumpcontaminated debris and let the city take the blame. Also that contaminated debris was handled improperly by staterequirements and there may be some reason to look into the contractors and developer finances or financialagreements.
Lastly, Mayor Valdivia, your body language that council meeting was obvious and the threat of another veto by youwas in the air. There is no denying that, and I hope you realize how that made you look again.
Honorable Sanchez, I hope you pursue the dirty hands concept of integrity for the council in the pay for play issue youbrought up. The city has a history and this event could shed light on your fight. You have mine and I am sure , probably30k residents of Berdoo to make it happen.
MCC, The ball or bubble is in your hands. The residents want honesty, consistency, safety, transparency, basicservices, and a healthy , growing city with a solid plan for growth. These kind of issues come from lack of follow up in citymanagement. We are ready for new homes and development, only if done right and proper with in the well designedplans for growth with solid infrastructure to support it.
Honorable city manager, Mr. Field, welcome and maybe you could be the one to make this happen. This is also in yourcourt now. Good luck ,
God Bless you all, the city and GOD BLESS AMERICA..
Hank Mitchell
Verdemont resident, and 74 year Berdoo valley resident.
Cc file, Next door, MEIM ALERT members