HomeMy WebLinkAboutR41-Economic Development Agency
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I INLAND COUNTIES LEGAL SERVICES
IRENE C. MORALES, State Bar #68915
2 ROBERT S. RODDICK, State Bar #75478
715 N. Arrowhead Avenue, Suite 113
3 San Bernardino, CA 92401
(909) 884-8615
4 Fax (909) 884-8281
5 Attorneys for JAVIER CALDERON,
EFRAIN QUINTERO, ADRIANA
6 QUINTERO-DELGADO and
FERMIN TIERRA BLANCO
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IN THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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INRE: ) APPEAL TO THE COMMON COUNCIL
13 ) AND REQUEST FOR STAY
CERTAIN ACTIONS AND )
14 ) (Chapter 2.64, Municipal Code of the City of
DETERMINATIONS OF THE ) San Bernardino)
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ECONOMIC DEVELOPMENT )
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AGENCY AND THE OFFICE OF )
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THE CITY ATTORNEY )
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To The Mayor and Members of the Common Council:
Appellants respectfully request a review of actions and determinations of the Econornic
Development Agency ("EDA") and the Office of the City Attorney ("City Attorney"), pursuant to
Chapter 2.64 of the Municipal Code ofthe City of San Bernardino. Appellants further request that
an expedited hearing on this appeal be set no later than February 5, 2001, and that the actions and
determinations on appeal be stayed until that hearing, pursuant to Article III of the Municipal Code
(City Charter), including, without limitations, the powers granted in Section 40, Subsections (X),
(Z) and (AA).
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APPEAL TO THE COMMON COUNCIL
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2 I. SUMMARY
3 After the partial evacuation of the Cypress Inn Mobile Home Park, the EDA offered a $5,000
4 grant to 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,l 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 of the Cypress Inn, it appears that the issue is not whether public funds will
10 be used, but how. We are only asking the City to honor its own promise made at the February
II 11 abatement hearing to extend the January 31 deadline for those making a good faith effort
12 to locate alternate housing!
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INTRODUCTION
15 This appeal is brought under Chapter 2.64 of the Municipal Code of the City of San
16 Bernardino and guided by the findings set forth in Code Chapters 8.90 and 15.55.
17 As stated in Section 15.55.080 of Chapter 15.55:
18 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
19 ability to find alternate housing...
20 According to Section 8.90.020 of Chapter 8.90:
21 The result ofthese conditions is the creation of a captive market of mobile home
owners and tenants. This immobility, in turn, contributes. to the creation of a
22 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
27 'This is alleged on information and belief, since requests for copies of documents signed by Appellants, including
28 documents granting permission to demolish homes. have been denied and/or delayed by the EDA and City Attorney,
APPEAL TO THE COMMON COUNCIL
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remain in the motel until further notice.
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 goodfaith 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 are former residents of the Cypress Inn Mobile Home Park, located at 2057 N.
Mount Vernon A venue 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:
1. 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 agoodfaith effort to
find replacement housing. Then by letter dated January 25 and 26,2001, the EDA and the
City Attorney imposed a deadline of January 31, 200 I, for all families who have not entered
a "rental agreement" or "purchase contract" -regardless of any and all goodfaith efforts. (A
copy of one of these letters is attached as Exhibits A.)
2 Enforcement of this deadline may also be an act of bad faith, since the EDS and City Attorney bave denied informal
requests for documents (See, '2 of Exhibit A) and have warned that Appellants' decision to retain counsel "could delay the progress
and arrangements...... (See,12 of Exhibit A),
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 26,
2001, the EDA and City Attorney breached the agreement by enforcing a deadline and
conditions that will disqualify Appellants from the grant. (Exhibit A.)
On January 23, 200 I, counsel for the other Appellants in this matter 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." The undersigned intended to rely on that
information. In a letter dated January 26, 200 I, 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. II The denial by the City Attorney was arbitrary and improper, since
that office has acted on similar requests from counsel representing landlords. An example
of this is the Deborah Harding/2995 N. Mountain matter, which has been continued at least
twice to accommodate the landlord, and to our knowledge (we were told by the City we
would receive notice of the continuance and have yet to receive said notice) the hearing has
not been re-set. The denial of counsel's request is especially troubling, since the City
Attorney has set a deadline and declared that, "nobody wants the process delayed. II
GROUNDS FOR APPEAL
Appellants specifically contend that the actions and determinations appealed are arbitrary,
20 unreasonable and contrary to the spirit and letter of Chapters 8.90 and 15.55 of the Municipal Code.
21 Appellants further contend that, as a result of those actions and determinations, Appellants will be
22 deprived of rights and property, without due process and equal protection, and that they have been
23 denied the assistance of counsel.
24 This appeal is appropriate, pursuant to Section 2.64.010, because Appellants are aggrieved
25 by, dissatisfied with and expecting to the actions and determinations identified above. The appeal
26 is also appropriate, pursuant to section 2.64.010, because such actions and determination were
27 pursuant to City ordinances, rules and/or regulations, including, without limitation, the provisions
28 of the Municipal Code of the City of San Bernardino.
APPEAL TO THE COMMON COUNCIL
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I This appeal is timely, pursuant to Section 2.2.64.040, having been brought within 15 days
2 of the subject actions and within 10 days of a written notice of those actions and proceedings. The
3 appeal is not precluded, pursuant to Section 2.64.020, by any other ordinance, resolution or
4 provision of the Municipal Code.
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6 VI. RELIEF REQUESTED:
7 Appellants respectfully request that the Council investigate the actions and determination
8 identified above and reverse those actions and determinations to find that:
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Appellants have demonstrated a good faith effort to find replacement housing and have
10 qualified for the City's financial assistance, including an extension of their motel stay.
II 2)
Appellants be granted $5,000 to be applied toward either (a) the purchase of replacement
12 housing, (b) the rental of replacement housing or (c) the repair of their present homes.
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The EDA has violated its state policy regarding direct communication with persons represent
by counsel.
The City Attorney has arbitrarily enforced the requirement of Freedom ofInformation Act
16 Requests to deny or delay requests for documents.
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18 Respectfully submitted this 31st day of January, 2001
INLAND COUNTIES LEGAL SERVICES
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21 ROBERt S. RODDI ,B#75478
Attorney at Law
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APPEAL TO THE COMMON COUNCIL
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City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
Redevelopment. Community Development. Housing' Business: Recruitment, Retention, Ravitalization . Main Street. Inc.
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January 25, 200 I
ADRIANA DELGADO & FAMILIA # 306 & 307
EZ-8 MOTEL
1750 S. Waterman Ave
San Bernardino CA. 92408
RE: TERMINACION DE RESPONSABLIDAD FINANCIAL DE EL EZ-8
MOTEL ENERO 31, 2001 PARA RESIDENTES DE CYPRESS INN
MOBILE HOME PARK
Estimadas Familias,
Solamente les queremos recordar de la carta que les entregamos anterior el dia de Enero
II, 200 I de la terminacion de sus cuartos en el EZ-8 MOTEL el dia miercoles Enero 31,
200 I altiempo de salida. Este dia es el ultimo dia que la Agencia sera responsable
financial para sus cuartos en el motel. Si se gustan quedar podran hacer areglos con el
manijamiento de el motel.
Es muy importante tambien que nos traigan la informacion sobre sus contratos de
vivienda sea, departamento, casa de renta, traila 0 vivienda de comprar antes de
01131/2001 sin el contrato.no es posible de empesar eltransmite de su asistencia
financial.
Muchas gracia~ por louo su asistencia; si tienen qualquier pregunta favor de iiamar (909)
663-1044.
Sinceramente, ",
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Maggie Pacheco, Director
Housing & Community Development
EXHIBIT A
201 North E Street. Suite 301' San Bernarclino. California 9240 I,IS07' (909) 663.1044 . flU (909) 888-9413 . ' .
www.sanbernardil1o.eda.org.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
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P,O, Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002 . Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
February 16, 2001
Irene C. Morales, Attorney-at-Law
Robert S. Roddick, Attorney-At-Law
Inland Counties Legal Services
715 North Arrowhead Avenue, Suite 113
San Bernardino, CA 92401
Re: Appeal to the Common Council and Request for Stay
Certain Actions and Determinations of the Economic Development Agency and
the Office of the City Attorney
Appellants: Javier Calderon, Efrain Quintero, Adriana Quintero-Delgado and
Fermin Tierra Blanco
Dear Ms. Morales and Mr. Roddick:
Please be advised that your appeal to the Common Council has been scheduled to be
heard at 3 p.m., Tuesday, February 20, 2001, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
If you have any questions, please do not hesitate to contact this office at (909) 384-
5102.
Sincerely,
(--I b' C'., L
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Rachel G. Clark, CMC
City Clerk
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
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