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CITY OF SAN BERNARDINO
APPEAL FORM
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Departments Receiving Copies:
City Administrator
City Attomev
eDA
Orildnal To:
City Clerk f ~
Date of Distribution: l/gl/, I
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"01JAN 31 P 1 :L,
IMPORTANT INFORMATION: All appeals to the Mayor and
Common Council and Board of Building Commissioners (BBC)
must be filed in the City Clerk's Office.
Appellant Name:
Appellant Address:
Contact Person Name:
Contact Person Address:
Contact Person Phone Day:
Contact Person Phone Night:
Affected Property Address:
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Se.e A-th~d
TYPE OF APPEAL - CHECK ONE:
Appeal To Mayor and Common Council:
From Plannin Commission
From Police Commission
From Other Le . slative Bod
From Other Le 'slative Bod
Fee Adjusted Annually)
No Charge)
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A VALID APPEAL MUST INCLUDE THE FOLLOWING
INFORMATION SBMC 2.64 :
1. The action appealed:
2. The grounds for appeal:
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3, The action(s) sought:
4. Any additional information:
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Date:
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I INLAND COUNTIES LEGAL SERVICES, INC.
Irene C. Morales (SBN 068915)
2 Caitlin Casso Watters (SBN 171518)
1120 Palmyrita Avenue, Suite 200
3 Riverside, California 92507
Telephone: (909) 368-2555
4 Facsimile: (909) 368-2550
Attorneys for SALVADOR TIERRABLANCA, CARLOS FLORES,
5 RA YMOND Y AND, FRANK RODRIGUEZ, RAF AEL DIAZ SOTO,
CRISTINA LARA SILVA, ELIZABETH SALDANA
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'01 I'" 31 '
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IN THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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II INRE: )
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12 CERTAIN ACTIONS AND )
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13 DETERMINATIONS OF THE )
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14 ECONOMIC DEVELOPMENT )
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15 AGENCY AND THE OFFICE OF )
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16 THE CITY ATTORNEY )
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APPEAL TO THE COMMON COUNCIL
AND REQUEST FOR STAY
(Chapter 2.64, Municipal Code of the City of
San Bernardino)
18 To The Mayor and Members of the Common Council:
19 Appellants respectfully request a review of actions and determinations of the Economic
20 Development Agency ("EDA") and the Office of the City Attorney ("City Attorney"), pursuant to
21 Chapter 2.64 of the Municipal Code of the City of San Bernardino. Appellants further request that
22 an expedited hearing on this appeal be set no later than February 5, 2001, and that the actions and
23 determinations on appeal be stayed until that hearing, pursuant to Article III of the Municipal Code
24 (City Charter), including, without limitations, the powers granted in Section 40, Subsections (X),
25 (Z) and (AA),
26 The documents attached as exhibits to this brief relate to those clients represented in this
27 matter by this particular counsel, specifically, and should be considered as parts of the whole in the
28 commonality of issues presented by counsel for other past and present Cypress Inn residents.
APPEAL TO THE COMMON COUNCIL
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2 SUMMARY
3 After the partial evacuation of the Cypress Inn Mobile Home Park, the EDA offered a $5,000
4 grant to the evacuated families, in exchange for permission to demolish their homes. Now, after
5 receiving the requested permission, which would include a release of all rights to these homes, 1 the
6 EDA and the City Attorney are refusing to honor the agreement. This is not an issue of expecting-
7 something-for-nothing. Appellants simply contend, with due respect, that the cost of 48 days in a
8 motel cannot compensate for the loss of their homes. And, with the EDA considering financial
9 assistance to the owner ofthe Cypress Inn, it appears that the issue is not whether public funds will
lObe used, but how,
II II.
12 INTRODUCTION
13 This appeal is brought under Chapter 2.64 of the Municipal Code of the City of San
14 Bernardino and guided by the findings set forth in Code Chapters 8.90 and 15.55.
15 As stated in Section 15,55.080 of Chapter 15.55:
16 The Mayor and Common Council of the City Hereby find that those living in
mobile home parks are often on fixed incomes and are severely limited in their
17 ability to find alternate housing...
18 According to Section 8.90,020 of Chapter 8.90:
19 The result of these conditions is the creation of a captive market of mobile home
owners and tenants. This immobility, in turn, contributes to the creation of a
20 great imbalance in the bargaining relationship between park owners and mobile
home park tenants in favor of the park owners.
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In spite of these findings-and suddenly indifferent to the "great imbalance"-- the EDA and
City Attorney have insisted that Appellants find an affordable new home within 48 days of the
evacuation. Families who beat the deadline will qualify for the City's financial assistance and may
remain in the motel until further notice.
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\This is alleged on information and belief. since requests for copies of documents signed by certain Appellants, including
documents granting permission to demolish homes, have been denied and/or delayed by the EDA and City Attorney. ((Sec, ,"5 of
Exhibit A ofMr. Lopez' appeal),
APPEAL TO THE COMMON COUNCIL
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Those who did not beat the deadline-who are still inspecting homes, reviewing budgets,
investigating schools and negotiating with owners-these families will be disqualified from further
assistance regardless of their good faith efforts. And, 48 days after being forced from their homes,
they will be forced out of the motel- with nowhere left to go.
Considering that (1) the Council has specifically recognized the difficulties faced by mobile
home tenants, (2) that Appellants have released their homes to the City, and (3) that Appellants are
actively seeking replacement housing, the deadline set by the EDA and City Attorney is arbitrary,
unconscionable and contrary to the spirit and letter of the Municipal Code.2
III.
PARTIES
Appellants TIERRABLANCA, FLORES AND RODRIGUEZ are former residents of the Cypress Inn
Mobile Home Park, located at 2057 N. Mount Vernon Avenue in the City of San Bernardino.
Appellants were evacuated from the park on December 14,2000 and relocated to a motel. The EDA
and the City Attorney are agencies of the City of San Bernardino, consisting of officers, officials,
or department heads of the City.
IV.
ACTIONS APPEALED
Appellants request the Council's review of the following actions and determinations:
I. At a public hearing held January 18,200 I, the EDA and City Attorney denied any imminent
deadline for financial assistance to Appellants who have demonstrated a good faith effort to
find replacement housing. Then by letter dated January 25, 2001, the EDA imposed a
deadline of January 31, 200], for all families who have not entered a "rental agreement" or
"purchase contract"-regardless of any and all goodfaith efforts. (A copy of this letter is
attached as Exhibit A,)
2 Enforcement of this deadline may also be an act of bad faith, since the EDA and City Attorney have denied informal
requests for documents (See, 112 of Exhibit A, Lopez appeal) and have warned that Appellants' decision to retain counsel "could delay
the progress and arrangements...." (See,~2 of Exhibit A, Lopez appeal),
APPEAL TO THE COMMON COUNCIL
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On or about December 14, 2000, the EDA and City Attorney offered Appellants a $5,000
grant in exchange for permission to demolish their homes. Then, by letter dated January 25,
2001, the EDA breached the agreement by enforcing a deadline and conditions that will
disqualify Appellants from the grant. (Exhibit A)
At the hearing on January 18, 200 I, and again by letter addressed to the City Attorney and
certain other interested parties on January 22, 2001, the EDA was notified that Appellants
were represented by counsel. To other counsel, the EDA has stated its policy not to
communicate directly with represented persons, despite the fact that the notice of
representation has not been acknowledged to this office. Despite notice, and in violation of
the stated policy, representatives of the EDA have directly communicated with represented
persons. For example, on January 18,2001, the EDA invited Appellant Juana Jimenez to
a meeting in it office without advising her attorney. The following day, EDA director
Maggie Pacheco and City Attorney James Penman, were quoted in newspaper reports
discussing conversations with Ms. Jimenez. (A copy of one report is attached Exhibit F to
that counsel's appeal.)
On January 23, 200 I, one Appellants' counsel asked the EDA and City Attorney for "copies
of any documents on which the City has requested, or expects to request a client's signature,
since December 14,2000." (A copy of the letter is attached as Exhibit G to that counsel's
appeal.) In a letter dated January 26, 2001, the City Attorney's Office denied counsel's
request stating, "any documents you want copied should be specifically listed on a Public
Records Act Request." (Exhibit A to that counsel's appeal). The denial by the City
Attorney was arbitrary and improper, since that office has acted on similar requests from
counsel representing landlords (See. E.g., Exhibit H.)3 The denial of counsel's request is
especially troubling, since the City Attorney as set a deadline and declared that, "nobody
3 In fact, the City Attorney accepted an informal and misidentified request by landlord's counsel, which it simply
"perceived as a Public Records Request under Government Code ~6250..." (~ 1 of Exhibit C); the Exhibits are attached to Mr.
Roddick's or Mr. Lopez' appeals.
APPEAL TO THE COMMON COUNCIL
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wants the process delayed," ('\12 of Exhibit A of counsel's appeal.)
2 V.
3 GROUNDS FOR APPEAL
4 Appellants specifically contend that the actions and determinations appealed when viewed
5 as an entire course of conduct are arbitrary, unreasonable and contrary to the spirit and letter of
6 Chapters 8,90 and 15.55 oftbe Municipal Code. Appellants further contend that, as a result of those
7 actions and determinations, Appellants will be deprived of rights and property, without due process
8 and equal protection, and that they have been denied the assistance of counsel.
9 This appeal is appropriate, pursuant to Section 2.64.010, because Appellants are aggrieved
10 by, dissatisfied with and expecting to the actions and determinations identified above. The appeal
II is also appropriate, pursuant to section 2.64,010, because such actions and determination were
12 pursuant to City ordinances, rules andlor regulations, including, witbout limitation, the provisions
13 of the Municipal Code of tbe City of San Bernardino,
14 This appeal is timely, pursuant to Section 2.2.64.040, having been brought within 15 days
15 of the subject actions and within 10 days of a written notice of those actions and proceedings. The
16 appeal is not precluded, pursuant to Section 2.64.020, by any other ordinance, resolution or provision
17 of the Municipal Code,
18 VI.
19 RELIEF REQUESTED
20 Appellants respectfully request that the Council investigate the actions and determination
21 identified above and reverse those actions and determinations to find that:
22 1)
Appellants have demonstrated a good faith effort to find replacement housing and have
23 qualified for the City's financial assistance, including an extension of their motel stay.
24 2)
Appellants be granted $5,000 to be applied toward either (a) the purchase ofreplacement
25 housing, (b) the rental of replacement housing or (c) the repair of their present homes.
26 3)
The EDA has violated its state policy regarding direct communication with persons represent
27 by counsel.
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The office oftbe City Attorney and certain of its municipal clients have acted selectively and
APPEAL TO THE COMMON COUNCIL
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to the detriment of present and former Cypress Inn residents in choosing to communicate
with and acknowledge representation by certain counsel and not others.
The City Attorney has arbitrarily enforced the requirement of Freedom ofInformation Act
Requests to deny or delay requests for documents.
January 31,2001
Respectfully submitted
INLAND COUNTIES LEGAL SERVICES, INC.
By
in ass. Watters
eys for the Families
II RRABLANCA, FLORES, Y AND, RODRIGUEZ,
SOTO, LARA SILVA AND SALDANA
APPEAL TO THE COMMON COUNCIL
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City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
ReckveJopmfmf" c;ommunity ~..k.r'~". Hou$iIIg. ~ Recrotrment ABIent""" RCvrRJ/iUl/ofl . Main St,..et, Inc.
January 25, 2001
ADRIANA DELGADO & FAMILIA # 306 & 307
EZ-S MOTEL
1750 S. Walernlan Ave
San Bernardino CA. 92408
RE: TERMINACION DE RESPONSABLIDAD FINANCIAL DE EL EZ-8
MOTEL ENERO 31. 2001 PARA RESIDENTES DE CYPRESS INN
MOBlLEHOME PARK
Estimadas Familias,
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Solamenle les queremos recordar de la carta que les entregamos anterior eI dia de Enero
11, 2001 de la terrninacion de sus cuartos en el EZ.8 MOTEL el dill miercoles Enero 31,
2001 al tiempo de salida. Este dia cs el ultimo dia que Ia Agencia sera responsable
financial para sus cuartos en el motel. Si se gustan quedar podran hacer areglos con el
manijamiento de cl motel.
Es muy importante tambien que nos traigan la informacion sobre sus contratos de
vi vienda sea, departamento, casa de renta, traila 0 vivienda de comprar antes de
01131/2001 sin el contrato.no es posible de empcsar el transmite de su asistencia
financial.
Muchasgracia!. por \OUO suasistehcia;si tieilell qualquier pregunla favor de iiamar (909)
663-1044.
Sinceramente,
/h7 . tf td~
Maggie Pacbeco, Director
Housing & Community Developmeut
201 North E sr"~et, 5lJi~ 301 . San BGman1il1O, ealifom;8 92401-' ri07. (909) 663--1044 .. Fax (909) 888-9413
. www,sanbernatdino.ed3.l}fg
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Branch Offices
1120 Palmyrita Ave., # 200
Riv.:rsid.:, CA 92507
(909) 368-2555
\-888.455-4257
Fax (909) 368.2550
82631-C Highway III
India, CA 9220 I
(760) 342-1591
1-800-226-4257
Fax (760) 342-9400
Outreach Uffice
l:n North Broadway
BI~1he. CA 92252
(760) 922-2988
1060] Civi.: Center Dr., # 260
Ram:ho Cucamonga. CA 91730
(909) 980-0982
1-800-977-4257
Fax (909) 980.4871
715 N_ Arrowhead Aw.. I: 113
San Bernardino, CA 9240 1
(909) 884-8615
Senior Citizen (909) 888-3889
1-800-677-4257
Fax (909) 884.8281
14196 Amargosa Rd.. # K
Victorville. CA 92392
(760) 241-7073
1-888.805-6455
Senior Citizen (760) 241-7072
Fax (760) 241-2111
ICLS is a non-
profit 50Ic(3)
corporation,
Donations are
welcome,
IRS Tax ID
95-6124556
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Inland Counties Legal Services
Executive Office
1120 Palmyrita Avenue, Suite 210 / Riverside, CA 92507
(909) 368-2530 I Fax (909) 368-2542
January 22, 2001
Irene C. Morales
Executive Director
(909)368-2540
imoraleS@icIs.org
Carl Dietz
3331 South Carolina Street
San Pedro, California 90731
William M. Garrett, Jr.
463 North Sierra Way
San Bernardino, California 92410
Tom O'Dell, Inspector 11
Development Services Department
300 North "D" Street
San Bernardino, California 92418-000 I
Brian Preciado, Fire Marshall
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, California 92410
William R. Hart
Gary R. King
Robert Sawyer Coldren
Law Firm of Hart, King & Coldren
200 East Sandpointe, Fourth Floor
Santa Ana, California 92707
Post Office Box 2507
James Penman, City Attorney
Suzanne M. Bryant, Deputy City Attorney
300 North "D" Street, Sixth Floor
San Bernardino, California 92418-0001
Re: Cypress Inn Trailer (Mobile Home) Park
2057 North Mt. Vernon Avenue
San Bernardino, California 92411
Inland Counties Legal.)'ervices is committed to securing justice and equality for /ow.income persons who otherwise
would not have access to the judicial system. We strive to deliver high quality civil/egol assistance through advocacy
and community legal education. We believe in serving our clients with integrity, dignity and respect.
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Gentlepersons:
The Riverside office ofInland Counties Legal Services, Inc., represents several of the families
who are either currently resident at, or have been recently displaced from, Cypress Inn Trailer
(Mobile Home) Park, located at 2057 North Mt. Vernon Avenue, San Bernardino, California.
Those families are:
The Salvador TierraBlanca Family
2057 N. Mt. Vernon, Space 66
San Bernardino
The Raymond Yand Family
2057 N. Mt. Vernon, Space 44
San Bernardino
Frank Rodriguez
formerly of2057 N. Mt. Vernon, Space 43
San Bernardino
The Rafael Diaz Soto Family
2057 N. Mt. Vernon, Space 3
San Bernardino
The Cristina Lara Silva Family
2057 N. Mt. Vernon, Space II
San Bernardino
The Elizabeth Saldana Family
2057 N. Mt. Vernon, Space 60
San Bernardino
All communications regarding the families' home ownership, landlord/tenant matters of any nature,
communications from any City of San Bernardino department or official, etc., should be addressed
to the undersigned. It would be courteous if a copy of the communication were sent to the family
regarding whom it affects, but all communications are to go through this office.
Your anticipated cooperation is sincerely appreciated. It is our hope that these matters can be
resolved to the mutual benefit of all concerned as expeditiously as possible.
Very truly yours
INLAND COUNTIES LEGAL SERVICES, INC.
By
Caitlin Casso Watters
EAHH, EAFLH Supervising Attorney
CCW\
January 22, 2001
In re the Cypress Inn residents
Page 2 of2
03-21-01-0047,48,49,50,51,86,87