HomeMy WebLinkAbout2001-316
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RESOLUTION NO. 2001-316
RESOLUTION OF THE CITY OF SAN BERNARDINO IN OPPOSITION TO
THE PROPOSED CRITICAL HABITAT DESIGNATION FOR THE SAN
BERNARDINO KANGAROO RAT.
WHEREAS, the vision for the City of San Bernardino as adopted by the Mayor and
Common Council anticipates that the City of San Bernardino will continue to be a strong
and prosperous economic center and the hub of economic growth and real estate
development in the Inland Empire area of Southern California; and
WHEREAS, the United States Fish & Wildlife Service is proposing to designate in
excess of 7,000 acres of undeveloped and developed land within the City of San
Bernardino as critical habitat for the San Bernardino Kangaroo Rat; and
WHEREAS, the Fish & Wildlife Service has relied upon outdated infonTIation
regarding the locations of any potential population of the San Bernardino Kangaroo Rat
and has employed inaccurate mapping programs in developing the areas and properties to
be included within any proposed critical habitat designation; and
WHEREAS, the Fish & Wildlife Service has prepared a document entitled "Draft
Economic Analysis of Critical Habitat Designation for the San Bernardino Kangaroo
Rat" dated August 2001 (the "Economic Analysis"), which is incomplete and utilizes an
analytical approach that is not consistent with applicable federal law, and requires that all
interested parties must respond with objections to the content thereof on or before
October 4,2001; and
WHEREAS, the Economic Analysis specifically recites the federal court decision in
New Mexico Cattle Growers Association. et al. v. U.S. Fish and Wildlife Service, No.
00-2050, U.S. Court of Appeals, Tenth Circuit, May 11, 2001, and the Economic
Analysis for the proposed critical habitat designation for the San Bernardino Kangaroo
Rat further states that ". . . the goal of this analysis remains the same as previous critical
habitat economics analyses (i.e., to identify and measure the estimated incremental
effects of the proposed rulemaking). . ."; and
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2001-316
WHEREAS, such above referenced federal court case, as recited in the Economic
Analysis, requires that the Fish & Wildlife Service ", , , conduct a full analysis of all of
the economic impacts of a critical habitat designation, regardless of whether those
impacts are attributable co-extensively to other causes."; and
WHEREAS, the Economic Analysis as previously prepared is incomplete, is not in
conformity with applicable federal law, adopts an analytical approach and methodology
for identifying financial impacts to the community and property owners which is
designed to grossly understate the true adverse financial impacts to the affected
communities and property owners through any critical habitat designation; and
WHEREAS, numerous areas are included within the proposed critical habitat
designation which do not meet the criteria as containing constituent elements as
established by the United States Congress and all other applicable federal laws for
inclusion as critical habitat, and such areas and specific properties as hereinafter
identified must be excluded from any such critical habitat designation; and
WHEREAS, the Fish & Wildlife Service acknowledged at 65 FR 77184 that there
were inherent errors in their critical habitat designation because the minimum mapping
unit used did not allow exclusion of developed areas not likely to contain the primary
constituent elements essential to the conservation of the San Bernardino Kangaroo Rat.
WHEREAS, the critical habitat designation by the Fish & Wildlife Service will
adversely impact the daily normal maintenance activities related to various infrastructure
that is owned, maintained and operated by the City of San Bernardino and the City of San
Bernardino Municipal Water Department for such items as water wells, water
transmission and distribution lines, reservoirs, other water distribution facilities and
appurtenances, sewer lines and sewer transmission lines, water pumping facilities, storm
drainage and flood control facilities and streets and roadways which are the maintenance
responsibility of the City of San Bernardino; and
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2001-316
WHEREAS, there was delivered to the Mayor and Common Council on October 1,
2001, a presentation and City Staff report regarding the potential adverse financial
impacts to the City of San Bernardino by virtue of any such designation of critical habitat
for the San Bernardino Kangaroo Rat; and
WHEREAS, the critical habitat designation as proposed by the Fish & Wildlife
Service will have adverse financial impacts upon the City of San Bernardino, the
Economic Development Agency of the City of San Bernardino, the City of San
Bernardino Municipal Water Department, the membership interests of the City of San
Bernardino in both the Inland Valley Development Agency and the San Bernardino
International Airport Authority, to other private parties and governmental agencies as
property owners within the critical habitat designation all of which have not been
properly identified and analyzed in the Economic Analysis in the manner as required by
applicable federal law.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AS FOLLOWS:
Section 1. The Mayor and Common Council of the City of San Bernardino do hereby
find and determine that the Recitals as above set forth are true and correct in all respects
based upon information known to the City and as presented to the Mayor and Common
Council at the regular meeting of the Mayor and Common Council as conducted on
October 1,2001.
Section 2. The Mayor and Common Council of the City of San Bernardino do hereby
find and determine that contrary to the findings presented in the Economic Analysis, the
City of San Bernardino, the Economic Development Agency of the City of San
Bernardino, the City of San Bernardino Municipal Water Department and the
membership interests of the City of San Bernardino in the two military base reuse
agencies seeking to redevelop the former Norton Air Force Base, being the Inland Valley
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2001-316
Development Agency and the San Bernardino International Airport Authority, will all
suffer dramatic and irreversible adverse financial consequences if the critical habitat
designation is finally adopted encompassing the proposed acreage within the City of San
Bernardino.
It is further found and determined that the language as contained in the Economic
Analysis, and as quoted in the Recitals hereof, is prima facie evidence of the inherent
deficiencies of the Economic Analysis and the fatal errors contained therein as to the
methodology employed for conducting any such analysis if the same is intended to be an
honest evaluation of the true economic impacts of a federal decision designating critical
habitat for the San Bernardino Kangaroo Rat.
Section 3. The Mayor and Common Council further find and determine that the real
property ownership interests of the City, either directly or indirectly, and through various
entities, agencies, departments and joint powers agencies comprised of the interests of the
City of San Bernardino, will be adversely affected and will increase costs to the City,
reduce the ability of the City to provide a sustainable property tax and sales tax base, will
lessen the ability of the residents of the City to obtain suitable employment opportunities
and will prevent or delay recovery by the City of San Bernardino during the current
economic downturn. The City of San Bernardino has experienced the highest real
property foreclosure rates among communities in Southern California, and the financial
impacts of the designation which includes in excess of 7,000 acres of developable
property upon the interests of the City of San Bernardino have not been properly and
adequately analyzed by the Economic Analysis and must be adequately addressed by
qualified parties on behalf of the Fish & Wildlife Service.
The Mayor and Common Council further find and determine that the Economic Analysis
must be completely rewritten and recirculated for comment after the analysis has been
completed which consists of a full analysis of all of the economic impacts of the critical
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2001-316
habitat designation, regardless of whether those impacts are attributable co-extensively to
other causes.
Section 4. The Mayor and Common Council have authorized the participation of the
City of San Bernardino in two separate joint powers authorities, known as the Inland
Valley Development Agency and the San Bernardino International Airport Authority,
which have undertaken the tasks of reusing and redeveloping the approximately 2,000
acres of the former Norton Air Force Base within the boundaries of the City of San
Bernardino. The former Norton Air Force Base includes a major Airport and other
ancillary aviation facilities, and it is inconceivable that a 10,000 foot runway, plus
hundreds of additional acres of tarmac, taxiways, concrete apron areas and other aviation
and Airport related buildings and facilities which have existed at the present site in excess
of 50 years, can now be considered as critical habitat for any living animal by any
definition under federal law. Equally as objectionable is the inclusion of the Palm
Meadows Golf Course which likewise has been virtually totally developed for urbanized
uses and does not constitute critical habitat for the San Bernardino Kangaroo Rat.
The City recognizes that the Inland Valley Development Agency and the San Bernardino
International Airport Authority have preliminarily agreed with the United State Air Force
and the Fish & Wildlife Service to adopt a "Conservation Management Plan" that
includes two previously identified areas to be held as habitat for the San Bernardino
Kangaroo Rat and maintained as such by the United States Air Force. An additional area
on the Airport properties will likewise be maintained by the United States Air Force for
open space purposes all as was previously discussed with and informally agreed to by
authorized representatives of the Fish & Wildlife Service during a time period of several
years.
The Mayor and Common Council find and determine that the prior efforts of the Inland
Valley Development Agency and the San Bernardino International Airport Authority,
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2001-316
together with the Untied States Air Force, conducted during several years of discussions
with the Fish & Wildlife Service regarding the Conservation Management Plan are more
than adequate to provide for habitat for the San Bernardino Kangaroo Rat on the former
Norton Air Force Base. Upon approval of the Conservation Management Plan in good
faith by the Fish & Wildlife Service, based upon prior representations of representatives
of the Fish & Wildlife Service, all properties on the former Norton Air Force Base must
therefore be excluded from any critical habitat designation by the Fish & Wildlife Service
for the San Bernardino Kangaroo Rat.
Section 5. The Mayor and Common Council further find and determine that the
following additional areas, in addition to the former Norton Air Force Base properties as
identified in Section 4 above, must be deleted from the critical habitat designation for the
San Bernardino Kangaroo Rat:
a. All developed property upon which a building, parking lot or structure has
been placed or where other land disturbance activities have occurred in anticipation of
any urbanized use of such property.
b. No properties consisting of legal parcels of land as available as a public record
with the County of San Bernardino shall be bisected by any line which designates a
critical habitat boundary; any such bisected property shall be totally excluded from the
critical habitat designation.
c. In addition to the properties included within paragraph a. above, all other
properties for which land development entitlements have previously been issued by the
City of San Bernardino as evidenced by a tentative tract map, a final tract map, the
issuance of a grading permit for a parcel of land, the issuance of building permits, the
approval of a Development Agreement under California Government Code Section
6586,4 et. seq., and the approval of any settlement agreement for a prior lawsuit which
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2001-316
has the legal effect of authorizing a development project to proceed within defined
limitations.
d. All properties located in the Verdemont area of the City of San Bernardino
which is generally situated north of the 1-215 freeway.
e. All properties owned by the Economic Development Agency of the City of
San Bernardino in the name of the Redevelopment Agency of the City of San Bernardino.
f. All properties owned by the City of San Bernardino Municipal Water
Department in the name of the City of San Bernardino and which are used for any water
and sewer facilities, rights-of-way, pipelines, pumps, lift stations, reservoirs or any other
appurtenant facilities.
Section 6. The Mayor and Common Council hereby direct the Mayor to transmit a
certified copy of this Resolution, and supporting documentation, to the Fish & Wildlife
Service on or before October 4, 2001, as the official opposition of the City of San
Bernardino to the Economic Analysis for the reasons as stated herein. The Mayor is
further authorized and directed to transmit certified copies of this Resolution, and
supporting documentation, to both United States Senators for the State of California and
to each Congressman representing areas contained within the proposed critical habitat
designation.
Section 7. This Resolution shall take effect upon adoption.
III
III
III
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2001-316
RESOLUTION OF THE CITY OF SAN BERNARDINO IN OPPOSITION
2 TO THE PROPOSED CRITICAL HABITAT DESIGNATION FOR THE SAN
BERNARDINO KANGAROO RAT.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held on the 1st day of October
, 2001, by the following
vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
McCAMMACK
x
~~ b C&~
CI Clerk
The foregoing resolution IS hereby
October ,2001.
day of
J TH VALLES, Mayor
ity of San Bernardino
Approved as to form
and legal content:
"'- /
JAMES F. PENMAN
City Attorney
By:
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