The problem: No expertise (except Brown) and No risk equals unsound planning.

How is it possible the fate of hundred of citizens are in the hands of a few hand-picked people? The only qualification needed for a Commissioner is to reside in the Ward of the Council Member. The Commissioners are appointed by the Council and the author find  an Extreme Environmental Injustice that unqualified  people make decisions of a Great magnitude involving hundreds of people's lives risk free.

The only city planner certified, James Mulvihill  point out significant problems with the project but his response were dismissed.

Commissioners present:

Commissioner *Cheryl Brown 15yrs experience

Commissioner John Coute

Commissioner Kenneth Durr

Commissioner Larry Heasley

Commissioner Jim Morris, Vice Chair

Commissioner Mike Sauerbrun, Chair

*Mrs. Brown -- A Lone voice who voted intelligently and opposed the Environmental Injustice and Primitive Project.

Staff Present:

Valerie Ross, Deputy Director/City Planner

Ben Steckler, Associate Planner

Brian Foote, Assistant Planner

Henry Empeno, Senior Deputy City Attorney

James Funk, Director

Terri Rahnal, Principal Planner

Linda Dortch, Secretary

John Hoeger, project manager

A forward note: Consolidated Administrative Record pages 7077-7209.

The author has the planning report for anyone to read in its entirety. Because of its length the author highlights the most significant points and discussions of Commissior's who approved and disapproved the project.

The author point out the Municipal Valley Water District has its own power of Eminent Domain and can essentially do their projects without the need to go to the City. For the North Lake portion the City would need to vacate the underlying streets in order for this project to proceed. To vacate is to give away millions of dollars in infrastructures to the San Bernardino Municipal Valley Water District. Also, the recommendation was the Planning Commission adopts a resolution recommending  the Mayor and Common Council certify the Final Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Plan, and adopt General Plan Amendment No. 05 six related to circulation. Further, that the General Plan Amendment No.05-07 related to land use be deferred for any further action until completion of construction of the regulating reservoir or the lake. Recommendation is based on the fact the final engineering, and the areas, obviously, have not been prepared for this project. If the City and Valley Water District decide to proceed, then the District will be responsible for the final engineering, and the areas that were projected and what we actually end up with may change, so that's why we're recommending that portion be deferred. *The deferring of such an important matter that may have impact should not be done at a later date. The public has a right to know.

*The author was informed on October 21, 2005 by a Commissioner the portion deferred was not part of the project to pass. The author questioned the responsibilities of the Commissioners. The project must be investigated and examined in order to find out the entire true picture. How can a project be approved based on incomplete documentation? The California Environmental Quality Act requires proof that redevelopment activities can and will occur. If not, this project does not meet its California Environmental Quality Act.

Comments by the Commissioners:

Morris: The comment of Morris and the deferred action on the General Plan Amendment No.05 07:

"Since we are not looking at then the land uses surrounding that proposed reservoirs, I assume that comments tonight directed at that in terms of what ultimately may be developed or zoned around that potential reservoir is really not something that we ought to get into this evening?" Morris

Rebuttal: The author finds his comment an injustice for the citizens since they are surrendering their jobs, homes, businesses, and lives to something that might not be developed in the future. Citizens who are displaced must know what will ultimately be developed surrounding the reservoir since they are giving up their properties for the cause of the Water District.

A rebuttal for  Mr. Morris:

"The Man who is seeking reality spontaneously becomes the right kind of citizen, which is not according to the pattern of any particular society or government." Deanna

Mr. Morris apologized for being tardy on March 08, 2005 because he was stuck at a Habitat for Humanity board meeting where he supposed to be the chair. The author is puzzled of how Mr. Morris missed the mark of San Bernardino's Consolidated Plan of the Housing Element. Mr.Morris, after all, is the chair of Habitat for Humanity, Attorney at Law, and has a Master's degree in Planning.

Morris violated his duty by failing and refusing to follow the City's own General Plan and the San Bernardino Consolidated Plan (Housing Element), each of which declares as its highest priority": PRESERVATION OF THE AFFORDABLE EXISTING SINGLE-FAMILY UNITS." (See, City of San Bernardino General Plan, Housing Element, Chapter 3,p.3.3). To raze 437 affordable housing units is contrary toward the goals of Habitat for Humanity and the General Plan of San Bernardino.

The EIR has not been conducted evenhandedly or compassionately. John Hoeger, the General Manager of the Project spoke to gathered citizens. How to get a relocated home came up. Hoeger said "That would be an option. You don't have to relocate in San Bernardino. You can go to Nevada. You can go to Alaska. You still get the benefits of the relocation." Even that was worse than appears because surely the General Manager of the Project knows those moving expenses are only paid to 50 miles. Neither Las Vegas nor Alaska would work.

***

Brown: Comments of Brown on who is responsible for the water?

"Whenever we start thinking about EIR issues and you start talking about the water, which is one of the resources and what we're talking about, will be obligated to sell the water? Will the water district be obligated to sell the water in order to make this project feasible? And then will all the water belong to someone else?". Brown

rebuttal: The questions of Mrs. Brown were obvious that no information was submitted of how Muni operated. Mini sells water to other water companies and the aim is selling water. Mini can sell water to any county and city including San Bernardino. (Click home to find out who the water district is)

Note from the author:

Mrs. Brown concern for the displaced people was evident when an 85-year-old woman spoke. The author noticed Mrs. Brown's complete attention when the woman approached the speaker's podium. The woman spoke little but her words were warm felt. Because of Mrs. Brown concern and the author's relationship with the blind woman, the author is sharing the woman's true feelings below.

"The flowering of goodness is sown by an old woman who lives for 55 years in our village. Certainly society in itself is corrupt but admist tumbleweeds she understands the whole structure and process of society, and freed herself from it. This free soul has character and stands alone because she alone can flower goodness. Now, after 55 years she must be rooted and most likely will depart from us forever." Deanna

***

Dr. James Mulvihill: A Certified City Planner dismissed by the chosen handful.

Mr. Mulvihill comments of significance are the alternative plan, the topographic irrigation, and NEPA.

The alternative plan:

Dr. Mulvihill challenge the EIR based on the fact that all the property in the 82 ½ acres in the North Lake has been stated as necessary for the construction of the 40-acre reservoir, and the experts do not agree that this is, in fact, true. The Draft EIR states the smaller lake alternative is an environmental superior alternative. The smaller lake has sufficient water storage and was not chosen because the lack of sufficient redevelopment. In short, the neighborhood must be all eliminated to limit blight.

Topographic irrigation:

The northwest corner of the North Lake project area, the U.S.G.S.map show from the point there to this point there, the land drops 40 feet. In fact, about 42 feet. Mr. Mulvihill used the example of a cookie tray. If you were to lift that cookie tray a couple of degrees, how much of the contents of that cookie tray would drop? The reservoir if you multiply acre feet times number of gallons, you come up with 220 million gallons as a capacity of this reservoir. If just few degrees in motion, you are going to empty out half that reservoir. Imagine 100 gallons of water with a school district just to the south. It's all downhill past the elderly housing, and a school. This impact was not properly studied and dismissed by the commissioners of the planning department.

NEPA

The Valley Water District has mentioned several time that there's FEMA money coming along. Well, if FEMA money, Federal money is coming along, you need to do the NEPA. The difference between the CEQA and the NEPA is that the EIR, you do not have to survey social impacts. However, NEPA, vis-a-vis Executive Order 12898 requires a social, and economic impacts, particularly for a minority community, which is what need to be assessed. The author notes that NEPA is the Law and the Agency protecting the Law is known as the Environmental Protection Agency. * In order for the project to be approved additional Federal funds is needed. For those who are interested write to:

Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Ave, N.W>

Washington, DC 20460

202-272-0167

Environmental Protection Agency

AZ, CA,HI,NV

75 Hawthorne Street

San Francisco, Ca. 94105

415-947-8000

866-EPAWEST toll free

Fax 415-947-3553

*update: The author was informed on 10/21/2005 by a Planning Commissioner that the project is not funded by NEPA. According to Hoeger the project cannot go forward unless the Federal Government fund the project. So, what is the Truth?

*update: On December 17,2005 the water district informed that they have approved an EIS  study in order to receive federal funding from NEPA and  the USEPA is the leading agency for the North Lake project.

Commissioner Sauerborn questioned why this NEPA report is not part of this process now. Sauerborn admits that most of the questions are of a social nature and he had no clue pertaining to NEPA. Further, Sauerborn asked that certifying the EIR is not the bottom line? The author finds that an environmental injustice that a project of this magnitude is looked at by a handful who lacked the knowledge and expertise. The questions that these handfuls asked are evident that they lacked the expertise.

This project depends on Federal Funds and NEPA has its own process and there would have to be different type of scooping session carried out. There has to be a citizen advisor committee that meets and hold hearings on it. They are required to put notice in the Federal Register.

The comments made by Commissioner Coute were a three-page effort to convince the sublimeness of the project based on blank benefits.

The author found no evidence supporting his comments. Coute expressed one concern, however, that this project solves a lot of problems overall. Coute, of course, addressed razing an entire neighborhood is a quick way to get rid of people opposed to resolving social issues. He added that the citizens of the project area should be proud of what is going to happen to their community in the future. Apparently, the citizens of the project area are not capable. The poor must vacate to pave a way for the new people and new business.

Rebuttal to Coute: Comprehend the Man of the project area.

"You must love the very thing you are studying. If you want to understand a Man from a lower caste, you must love and not condemn. You must play with him, watch his movements, his idiosyncrasies, his ways of behavior, but if you merely condemn, resist, or blame him because of his station in life, there is no comprehension of him. If you find no comprehension of him meditate until you purge your mind of its self-centered activity. And if you have come this far in meditation, you will find there is silence, a total emptiness. This mind is uncontaminated by society; it is no longer subject to any influence, to the pressure of desire. It is completely alone, and being untouched, and innocent. Only than you will have the intelligence to comprehend him." Deanna

The West Nile Virus in California

The West Nile Virus must be a concern for any Lake project.

Deputy Director and City Planner, Valerie Ross pointed to the Draft Environment Impact Report that discusses water cycling through the Lake, and there will be no standing water. It will be constantly cycling, recycling through the Lake.

Mrs. Ross has no expertise pertaining to the West Nile Virus and the

Public demands a report from the California Department of Health Services and the Mosquito and Vector Control districts. The North Lake is 441/2 acre, and a huge body of water, and the area of least flow cannot be constantly cycling and recycled. Mosquitos deposit their eggs in a body of water, and in the North Lake the area of the least flow is an excellent breeding ground. So, this small mosquito is a really environmental hazard that makes the attraction for people unattractive to enjoy water activities. The reason for this concern is that the Lake is used for fishing activities. If this is the case, how can we prevent the mosquito fish from being eaten by a predator? The mosquito fish is 2-3 inches in length and the fish provided for the Lake is larger because person fishing is interested in catching largely fish opposed to ornamental fish such as gold fish, etc.

According to the website (State of California) there are 830 human infections and from that 137 human infections are from San Bernardino County. As of 10/04/2005, 818 individuals have been affected with the West Nile Virus. Also, note three months is left to add to the list of 818 humans. Lakes, according to the website, are an excellent source for mosquitos to breed and the climate of San Bernardino is a mosquito haven. Personally, I do not visit any Lakes because cycled or recycled all Lakes have an area of least flow. The author has no desire to be inflicted by a mosquito and water is a draw for the mosquito. The areas of least flow are closer to where people will enjoy fishing or relax opposed to the areas of water that will be cycling and recycled. If this project goes forward, San Bernardino will have to content with three Lakes of possible breeding grounds for the mosquito. Once the public is educated, it is not likely the dream of Lakes and streams will be realized. To conclude, the Environmental Impact Report failed to address the IMPACT in a highly populated area relating to the West Nile Virus. A reservoir is best in an area which is unpopulated and free from public use. The decision making process failed to protect the environment and can cause great harm to the citizens.

Rely on the Experts:

The Commissioners had to "rely on the experts," a statement repeated by Valerie Ross. The job of Ross was to respond to the questions from the public; however, the reply of her response to "rely on the experts" was her way to expedite the meeting. Most all of her responses was pointing out to the experts. How can you rely on experts if the Draft Environmental Impact Report is authored by Muni who paid them to do the research. Who are these experts? What qualification do the experts have to address slopes, earthquakes, and fluctuations? When was the DEIR authored?

Ross replied to a couple of concerns regarding the slopes and the potential for earthquakes and what would happen. Ross identified in the DEIR that the Valley Water District will have to prepare a Jurisdictional Dam and Inundation Study. This is a requirement through the State Department of Water Resources, the Division of Safety of Dams. What does that mean? According to Ross, essentially that means all of the water in the lake, if released at one time, has to be accommodated, and how that is to be accommodated or the drainage or flow has to be addressed through that plan. Ross pointed out that will be -- that will be forthcoming, also. Ross concluded that there will be fluctuations because it is a storage facility, but as water is removed, water will be replaced. In short, Ross did not know and could not answer if the fluctuations will be noticeable or visible to the average observer. There will be fluctuations, but they will be -- the water district will be responsible for maintaining the levels.

Concerns were raised over the traffic section of the DEIR. Ross pointed that again, we, the City, relied on "the experts," our engineers who have the expertise in traffic and circulation within our department. Valerie Ross, the planning director, ignored the inaccuracy of "Traffic Effects," which is a serious problem Dr. Jim Mulvihill addressed at the planning commission meeting. Mulvihill insight and efforts were dismissed by Ross and no further consideration was rendered to the certified planner

Mulvihill's concern is documented in the administrative record on page 7115, and is written as follows:

"The DEAR references the fact that the 280 heavy truck trips that will under the construction phase of the North Lake -- and my comments are specifically toward the North Lake. Of these 280 heavy trucks trips are compensated by reduction in traffic volumes of 20,074. The EIR attributes these 20,000 trips on the project site that will all be removed by the demolition of the neighborhood.

Now, the numbers estimated by the consultant is a total of  one  thousand forty-two people. Even, if each one of those men, women, and children drive a car making nine trips per day, you still don't come up with 20,000 trips. Also, in addition to that is the fact that they (authors of DEIR) don't indicate the fact that there's a major employment center, the San Bernardino School District headquarters, just south of this area and also a freeway on ramps and off ramps.

In addition to that, the traffic disruption that is going to be caused by the work on I-215 has not been accounted for. This will take place in conjunction with the -- presumably the North Lake Project going in. And there's no discussion of cumulative impacts, etc.". Mulvihille

To conclude, the experts failed to address the concerns of the certified planner, and the handful who are commissioned to examine the project failed to address the important issues of a possible serious Impact that can cause harm to the Environment. The author finds the concerns of Mulvihille valid to the significance of the Environment.

Rebuttal to Ross: We think we are intellectual.

"Most of us have developed intellectual capacities -- so-called intellectual capacities, which are not really intellectual capacities at all -- we read so many books, filled with what other people have said, their many theories and ideas. But very few of us, have original, intellectual conception. Having cultivated the intellect -- so called -- every other capacity, every other feeling, has been lost and we have the problem of how to bring about a balance in our lives so as to have not only the highest intellectual capacity and be able to reason objectively, to see things exactly as they are - not to endlessly offer opinions about theories and codes, but to think for ourselves, to see for ourselves, very closely the FALSE and the TRUE. And this, it seems to the author, is one of our difficulties, the incapacity to see, not only outward things, but also such inward life that one has, if one has any at all." Deanna

***

Commissioner Cheryl Brown stated that a State housing agency had indicated that there was not enough housing in San Bernardino. Mrs. Brown asked how residents could be located if there was a housing shortage.

The reply of V alerie Ross: Ms. Ross stated that the State Housing and Community Development (HCD) had accepted the City's Housing Element as meeting the provision of State Law. The Housing Element contained a five-year plan to provide housing to all economic segments of the community. The City tried to achieve the plan through various programs. When the Notice of Preparation for the Environmental Impact Report was completed, it was sent to the State Clearinghouse. No comments were received from HCD.

The aim of this project is to eliminate an entire neighborhood of affordable housing. This City has no interest in developing affordable housing. A matter of fact affords, and ability is History in San Bernardino and the Region. The median cost of a home in San Bernardino and the Region $352K. The average mortgage payment excluding insurance and taxes is $2100 per month based on 6% interest. The household income in the project area is less than $25K per year. How can the average household purchase an affordable home?