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46- Public Comment
December 5, 2005 FROM: Ghassan N.Abdullah,Kim Goodstein,Diane Hayes, Nathaniel Grant,Lucy and Steve Romero,/ Cobos Hernandez,Felix LVilia, Steve Steve Flores, SM Alvarez Et al. TO: City of San Bernardino and members of the Common Council 300 North "D" Street San Bernardino, California 92418 RE: Case No. SCVSS126706 Honorable mayor and members of the City Council: On the behalf of all the homeowners named as petitioners in Case No. SCVSS 126706, we felt compelled to submit this 'letter as it has direct relevance to this case, since these arguments were not brought up in the response to the brief written by attorney Louis E. Goebel(SBN 045236). First of all, during the public hearings the respondents (CITY of SAN BERNARDINO and MUNi) failed to disclose to the residents of this area that the main reason for choosing this particular site for the North Jake is the contamination of the Bunker Hill Basin aquifer due to the northern to southern flow of the contaminated plumes from prior military and/or industrial activities. If our neighborhood is in fact contaminated as t hey claim, then where are the reports to confirm this? Who, when and where did the testing take place exactly? Mere are these reports from the experts to support their claim?If found to true, why was it not disclosed to-us. Throughout the hearings they told us the choice of the site for the North Lake was based on the need to eliminate blight,to mitigate liquefaction, the need for greater storage capacity and the proximity to the bast line feeder. There was no mention of contaminated plumes as they claim now. It is deceitful for the city to give one reason during the public hearing portion and then give 4 another occult undisclosed rational once the public hearings have been closed and they - are being challenged in the court of law where they must be accountable for what they say. Second, the City of San Bernardino and the lead agency did not give the petitioners after many written, verbal and formal requests the statements of overriding Considerations and the mitigation monitoring report. They intentionally obstructed our search and requests for these documents. At least two witnesses can confirm this assertion. Infact,the General Flan of the city was only given to us a few weeks ago in spite of the many requests tirade for obtaining this document. Thirdly, the respondents claim that many of the arguments of the petitioners are being brought up for the very first time. This notion is totally false. Research of the videotapes of the city council meetings and the public hearings will reveal many of the concerns and arguments were raised long ago; some more than one year ago while others were raised many years prior. In summary,the efforts and actions of the city of San Bernardino and the San Bernardino'Valley Municipal Water District were not forthcoming,genuine nor truthful by any means. Thanks you so much your honor and members of the city council for your attention and consideration of this matter as it has a huge impact on the lives and homes of so many residents in our neighborhood. Sincerely, Ghassan N. Abdullah 1129 North F Street San Bernardino, CA 92410 Fnt!?rnd into Record at Cc —r +vnevcros Mtg: /2,/5�� -2- re Item City CIerkICDC Secy City ut San Bernardino Castle Coalition Editorials Page 1 of 2 7t C 4 November 30, 2005 Economic Development in the OC: Anaheim Stays Clear of Eminent Domain MIT The city that is home to Disneyland, the Angels and the Mighty Ducks is also the latest to approve a major downtown economic development project that i stays clear of eminent domain. "A-Town," Lennar Corp.'s revitalization plan j unanimously approved in October by the Anaheim city council, is expected to --- energize the city's downtown area with townhouses, lofts, a shopping center -- and up to 11 residentiaTT&Wers soar 7PSg s ig as 35-stories. Experts estimate the project will generate up to $22 million a year in property taxes alone.; . ' A-Town is slated to become the centerpiece of Platinum Triangle, an urban °� -- � neighborhood that will mix coffee shops with day-care centers, bars with grocery stores, and retail establishments with mixed-income residences. The basic idea is to brim renewed energy to the district surrounding Angel Stadium=and to do sn w---lout_condemning or threatening to condemn a i single piece of land for the project. �- Last year, Anaheim loosened its zoning restrictions as part of a comprehensive effort to initiate its revitalization goals. This helped to encourage private companies to bring development proposals to the table. In a matter of months, city officials received a number of plans and ultimately decided on Lennar's by a unanimous vote. VVhat's Hot Coalition Calls for JAII too often, municipalities conjure up a plan, seek out developers, and use Eminent Domain Limits eminent domain to accumulate land for a project. Victimizing countless In Ohio $ Pennsylvania hardworking Americans by taking their homes and small businesses against I their will, the government-based approach carries with it tremendous social 7---° and economic costs, which often go unreported. Adding insult to injury, the it development projects that rely on eminent domain often result in abysmal !! failures; the American landscape is dotted with eminent domain projects that j - didn't live up to the high-blown expectations and promises of their backers. j Anaheim's current city administration has pursued a market-based approach to redevelopment. The city council has frequently overturned restrictive rt P� planning commission policies, it has created a "Home Improvement Holiday" to waive permitting fees for home renovation, and it has stayed away from micromanaging private business decisions.[3] And last year, the city passed policy directive 220, which forbids the use of eminent domain for private economic development.[41 The city's approach to A-Town simultaneously protects private property rights and pursues large-scale economic redevelopment. The Castle Coalition urges other cities and municipalities throughout the nation to icok 3 f- A nandm's A- Town when Pursuing. redevelopment effa=��= � y� Castle Coalition Editorials Page 2 of 2 "The fast track to A-Town; By using free-market approach, Anaheim takes quick step toward developing Platinum Triangle," Orange County Register, Oct. 31, 2005, at Editorials; "Anaheim's Revolution is Freedom-Friendly," Orange County Register, May 30, 2004, at Editorials; Dave McKibben, "The Urban Afterthought," Los Angeles Times: Orange County Edition, Oct. 31, 2005, at B1. Want Good "The fast track to A-Town; By using free-market approach, Anaheim takes quick step toward developing Platinum Triangle," Eminent Domain Orange County Register, Oct. 31, 2005, at Editorials. Reforms Lomi Kriel, "Businesses in Anaheim Get a Break; the city is waiving 1J Off. rs ``' fees for new owners, hoping to boost its economy in the long-run by IJ Offers LegiWarn s bringing in jobs and investment," Los Angeles Times, June 18, 2005, Guidelines ii Warnings at B3; Chris Norby, "Eminent Domain Uproar," Orange County Register, July 18, 2005, at Commentary; "Anaheim's Revolution is Freedom-Friendly," Orange County Register, May 30, 2004, at Editorials. "Putting freedom into words; Anaheim City Council bans the use of eminent domain for improper purposes," Orange County Register, Nov. 22, 2004. CIA © 2002-2005 CastleCoalition.org A Project of the Institute for Justice 901 N. Glebe Road, Suite 900 Arlinqton, VA 22203 p 703.682.9320 f 703.682.9321 "Nor shall private property be taken for public use without just compensation." U.S. Constitution, Amendment V. 1114r •�/csnans nmrinrt��marfa Fll tCP�nm/c�itnt`I all/ana}�Pim �PVwlnnmvnt aen »irli�nn�