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Home My WebLink Aboutadditional documents (2)Mayor and City Council November 1, 2017 Item 14 — Land Exchange between the City of San Bernardino and the San Manuel Band of Mission Indians yY, " Wk, Qhkl Community Development Department Background • The City of San Bernardino and San Manuel Band of Mission Indians (SMBMI) operating as Pine Mountain Development seek to exchange property • City owns 115 acres at north terminus of Sterling Avenue • SMBMI owns the former JC Penny building (2.48 acres and 226,900 sq. ft. of floor area), part of Carousel Mall • City wishes to redevelop the Carousel Mall into a mixed-use project • SMBMI wishes to expand tribal lands allow additional residential and community supporting services (e.g. school, health clinic, public safety buildings, etc.) • City parcel appraised at $979,200 • SMBMI parcel appraised at $1,765,000 A* Community Development Department 11/01/2017 1 Plat Map Water & City Property —EV LOT LINE I o City Of SdOBerwdho I i I �i r�xEaa a 1: 1ylf�•e• @ oearun• i i 1 --ISN LOT LICE I ¢ I 9 T44. Si 4 Community Development Department b Analysis • Tribe intends to federalize property as part of their Tribal lands. Tribe will be seeking subsequent City support • Tribal State Compact limits casino gaming (Class III) to areas that are Tribal Lands as of August 2106 • Any subsequent development subject to federal Clean WaterAct requirements, including stormwater runoff • Tribe operates under the California Building Code • Added development buffer existing property — it reduces the urban/wildland interface for City residents Community Development Department ■ 11/01/2017 3 Date: November 1, 2017 To: Honorable Mayor and City Council Members From: Council Office Subject: MCC Agenda Item No. 14 - Exchange of Land between the City of San Bernardino and the San Manuel Band of Mission Indians The attached email and news article was received on November 1, 2017 in the City Council inbox at 11:36 a.m. from nkder1 LcDyahoo.cc Renee Brizuela From: nd <nkderl@yahoo.com> Sent: Wednesday, November 01, 2017 11:36 AM To: Council Subject: Background for Item 14 Dear Council Staff: I am attaching an article related to Item 14 and the importance that the proposed 115 acres to be swapped with the San Manuel Tribe remain within the City of San Bernardino in perpetuity to ensure that city and state building codes are enforced and that situations like the one mentioned below do not happen again to our residents. Please provide copies of this article to the City Council as back up. San Bernardino family deals with home wrecked by mud San Bernardino family deals with home wrecked by mud SAN BERNARDINO — The tip of the Christmas tree in Freddy and Karen Hemandez's living room is the only part of t... NEWS San Bernardino family deals with home wrecked by mud By i ne Sun I utesun@dfindev.com December 23, 2010 at 12:00 am SAN BERNARDINO — The tip of the Christmas tree in Freddy and Karen Hernandez's living room is the only part of the tree that's visible. The rest of the tree — and the wrapped gifts beneath it — are buried beneath five feet of solid mud. Wednesday's storm brought a torrent of floodwater and mud crashing through the first floor of the Bangor Avenue home the Hernandezes have lived in for 18 years. Mud, water and rocks engulfed the tree, the gifts and everything else in the home's first floor in a matter of seconds. Freddy Hernandez was caked in mud from head to toe on Thursday afternoon. He worked with crews to dig out whatever possessions they could. "I used to own a home," Freddy said. "Now I own a sandbox." The Hernandezes did not have flood insurance. Even when crews are able to pull the mud and debris from inside the home, it will be unlivable without major repairs, if it's not deemed completely unsafe and bulldozed, Freddie Hernandez said. With Christmas just two days away and without a clear course of action as to restoring what was lost and damaged, Karen Hernandez came to a sobering realization. "We're homeless," she said. Freddy and Karen Hernandez blame the loss on their home on the San Manuel Band of Mission Indians. "I want them to admit that this is their fault," Freddy said. "But they're never going to admit that." The San Manuel tribe began a grading project just north of Bangor in September. San Manuel spokesman Jacob Coin said the tribe is working on a road improvement for the reservation. The Hernandezes say the San Manuel project blocked a flood channel, giving rainwater no place to go but through their home and down Bangor. Coin said he was not qualified to say if the Hernandezes claims are valid. "That's something better left to someone with more expertise," Coin said. Tribal chairman James Ramos visited the Hernandez home on Thursday afternoon, flanked by bodyguards. He surveyed the damage with Councilman Fred Shorett before speaking with Freddy Hernandez, a Fire Department battalion chief and a construction foreman. When asked if there was any validity to the Hernandezes' claims that the tribe is responsible for the damage to their home, Ramos did not answer directly. "That statement speaks a lot," he said. "But our focus is to see what we can do to help the family. The best thing to do right now is focus on our humanitarian efforts." Freddy Hernandez said Ramos told him the tribe would help his family in any way it could. "He said they wouldn't just roll us under the carpet," Hernandez said. "But I don't believe that." Karen Hernandez's brother, Joe Sanchez, has been outspoken in his suspicion that the San Manuel tribe is responsible for the destruction of the Hernandez home. He said he began trying to reach someone at the tribe Wednesday morning just after he heard from his sister. Before Ramos showed up Thursday, Sanchez said he hadn't been successful. But Ramos' presence at his sister's house gave him some hope. "It's a good thing," Sanchez said. "All I can say is we'll say how this plays out." Karen Hernandez said she and her husband are considering legal action against the San Manuels if the tribe doesn't lend a helping hand. Standing in front of his home, looking at the devastation while caked in a fine layer of mud from head to toe, Freddy Hernandez shook his head. "I don't believe anyone until I see what they're going to do," he said. When the water and mud crashed through the Hernandezes' backyard, through their rear windows and out their front door, Freddy was in Texas on business. Karen and her two adult children barely escaped with their lives, he said. Early Wednesday morning, Karen awoke to a cracking sound. "She thought someone was trying to break into the house," Freddy said. She went downstairs and saw the cracking sound was made by her sliding glass door cracking under the weight of the mudslide. "She said all she could do was open the front door," Freddy said. "And then she ran upstairs when the windows broke." Firefighters had to pull Karen and her adult son and daughter from a window on the second story. The family pets — a dog, a rat and a bird — weren't so lucky. They were buried alive. Freddy Hernandez joined work crews from Larry Jacinto Construction, the San Bernardino Fire Department and the state Department of Corrections as they dug the front yard out of the mud. They pulled the family's cars out and washed the mud off. Cars are a passion of Freddy's. He said he spent years restoring a 1956 Chevy pickup, a 1931 Ford Model A and a 1930 Model A. As Sanchez looked at the mud piled six feet high inside the Hernandez home, he said it will be awhile before Freddy can drive any of his cars. "All of the keys are in here somewhere," he said. "We'll never be able to find them." When asked what his family would do for Christmas, Freddy snorted and shook his head again. "My home is destroyed. Christmas is ruined," he said. NBC's "Today" show put the Hernandez family up in a hotel for three days. Freddy said his employer extended their stay through the holidays. After that, he said, is anybody's guess. "We have to move forward," he said. "And right now, that means we have to find a place to live." jesse.gill @inlandnewspapers.col 909-3860-3921 Mayor and City Council November 1, 2017 Item 14 — Land Exchange between the City of San Bernardino and the San Manuel Band of Mission Indians RW Community Development Department Background • The City of San Bernardino and San Manuel Band of Mission Indians (SMBMI) operating as Pine Mountain Development seek to exchange property • City owns 115 acres at north terminus of Sterling Avenue • SMBMI owns the former JC Penny building (2.48 acres and 226,900 sq. ft. of floor area), part of Carousel Mall City wishes to redevelop the Carousel Mall into a mixed-use project • SMBMI wishes to expand tribal lands allow additional residential and community supporting services (e.g. school, health clinic, public safety buildings, etc.) • City parcel appraised at $979,200 • SMBMI parcel appraised at $1,765,000 Community Development Department 11/01/2017 1 Plat Map Water & City Property &..i NM 1/9 SEC 19 T. 1N. R. 3N. SSN Nye' —NEN _01 LINE I Cky of San Bernardino R a •i g �y ° I rwlfa4r S --NEN LDT ILINE ? I 9 I t �- r Community Development Department Analysis • Tribe intends to federalize property as part of their Tribal lands. Tribe will be seeking subsequent City support • Tribal State Compact limits casino gaming (Class III) to areas that are Tribal Lands as of August 2106 • Any subsequent development subject to federal Clean WaterAct requirements, including stormwater runoff • Tribe operates under the California Building Code • Added development buffer existing property — it reduces the urban/wildland interface for City residents Community Development Department " n 11/01/2017 3