HomeMy WebLinkAbout15-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution of the City of San
Bernardino in opposition to the proposed
critical habitat designation for the San
Bernardino Kangaroo Rat.
Dept: Development Services
Date: September 27,2001
o fi: ~ .',' JAL MCC Date: October I, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the resolution be adopted.
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Contact person:
Valerie C. Ross
Phone:
384.5057
Supporting data attached: Staff Report & Resolution Ward:
Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. -.J 5
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution of the City of San Bernardino in opposition to the proposed critical
habitat designation for the San Bernardino kangaroo rat.
Mayor and Common Council Meeting of October I, 2001
BACKGROUND
In December 2000, the U.S. Fish & Wildlife Service (FWS) proposed to designate areas for
critical habitat for the San Bernardino kangaroo rat. In late September 200 I, the Inland Valley
Development Agency faxed the City copies of a letter from the Fish & Wildlife Service and a
related news release (Exhibit I). Staff then obtained a copy of the proposed habitat map and the
August 2001 Draft Economic Analysis of Critical Habitat Designationfor the San Bernardino
Kangaroo Rat report.
FWS is proposing to designate 55,410 acres as critical habitat designation in San Bernardino and
Riverside counties. The habitat areas are located in and adjacent to major rivers or streambeds. In
the City of San Bernardino, about 7,000 acres are proposed for habitat designation.
Approximately 2,000 acres are located in the vicinity of the Santa Ana River and approximately
5,000 acres are located in the vicinity of Lytle and Cajon Creeks.
The City's letter of opposition will request that certain areas be excluded from critical habitat
designation based on three key factors:
. Existing Development. Due to the dated information and coarseness of the mapping program
used by FWS, developed areas were included as critical habitat. For example, portions of
existing housing tracts, industrial buildings and abutting parking lots, commercial retail and
office development, and areas recently or currently being graded for approved development
projects are included as critical habitat. City staff has identified these areas that should be
excluded from habitat designation.
. Biologic Issues. The City retained Karen Kirtland, a biologist and president of Natural
Resources Assessment, Inc., to assist with review ofthe proposed habitat areas. Ms. Kirtland
has identified areas that should be excluded from critical habitat designation because the
areas do not meet the criteria established by FWS.
. Economic Impacts. The City retained John Husing, Ph.D. and president of Economics and
Politics, Inc., to assist with review of the potential economic impacts. Mr. Husing has
concluded that the economic analysis is incomplete and grossly underestimates the costs to
the public and private sectors, and should be redone prior to formal adoption of the critical
habitat designation.
The critical habitat designation will affect public and private property owners, and the City itself.
2
The City's Municipal Water Department has wells, pipelines, and water distribution facilities
throughout its service area. Some of these facilities are within areas proposed for designation.
Likewise, the City is responsible for sewer lines and roadways located throughout the City. If
either department is required to complete biological studies and/or consult with FWS on a case-
by-case basis, normal maintenance activities will be delayed, possibly at critical times, creating
health and safety concerns.
A large portion of the runway area at the San Bernardino International Airport is within the
proposed critical habitat area. This would create a major impediment to the efforts of the San
Bernardino International Airport Authority and Inland Valley Development Agency in their
efforts to develop/redevelop the former Norton Air Force Base.
The City's Economic Development Agency owns parcels at various locations in the City. Most
of these parcels are either substantially developed or are in areas which do not meet the FWS
criteria for critical habitat. Inclusion of those parcels within the critical habitat designation will
delay and possibly preclude the Agency's ability to sell the properties. The majority of the areas
included within the proposed habitat designation is privately owned parcels ofland. The
unnecessary inclusion of developed land and areas that do not meet the FWS criteria for critical
habitat should be excluded from the designation of critical habitat. Inclusion of such unwarranted
areas only maximizes costs and hardship on the public at no benefit to the rodent populations.
The San Bernardino Valley Municipal Water District will be submitting letters of concern and
opposition on behalf of the local water agencies, including the City's Municipal Water
Department. The San Bernardino International Airport Authority and Inland Valley
Development Agency will each submit similar letters. Since properties owned or operated by
these agencies are within the City of San Bernardino, staff believes it is important to address
their concerns also.
FINANCIAL IMPACT
Although the City cannot quantify the costs of the critical habitat designation given the short
period to respond to the proposed designation, there will be serious negative impacts to the City,
the City's Municipal Water Department, the Economic Development Agency, project owners,
and project applicants. Those costs include:
. Biological Studies. Discretionary projects will require the preparation of studies to identify
the presence of the kangaroo rat and its habitat. Studies typically include literature reviews,
site surveys, trappings, and report preparation. A study for a small project can easily cost
more than $5,000.
. Time Delays. Projects will be delayed while the studies are being prepared and the
consultation process concluded. Local biologists are in high demand, resulting in delays in
the actual study preparation. The City cannot take action on projects until the environmental
process has been completed.
. Uncertainty. The additional costs and delays create a level of uncertainty that applicants
cannot factor into the development process.
3
. Mitigation Costs. FWS currently has a 3:1 replacement ratio. In other words, for each acre of
critical habitat that is disturbed and lost due to development activities, FWS requires three
acres of replacement habitat. Many projects may be infeasible as a result.
. Lost Opportunities. Potential applicants may not even consider development in areas
designated as critical habitat within the City because of these various factors.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution in opposition to the
extent of proposed critical habitat designation and economic impacts for the San Bernardino
kangaroo rat, and authorize the Mayor to submit a letter to the U.S. Fish and Wildlife Service
outlining the City's concerns.
Exhibits:
I U.S. Fish & Wildlife Service September 4,2001 Letter and News Release
2 Resolution
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United States Department of the Interior
FISH AND WILDLll'E SERVICE
Ecological Services
CarlsbadFish and Wildlife Oftlce
2730 Loker Avenue West ~
Carlsbad, CA 92008 0
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Dear Landowner or Interested Party:
EXHIBIT 1
Subject:
Draft Economic Analysis of the Proposal to Designate Critical Habitat for the
Endangered San Bernardino Kangaroo Rat :-low Available for Review and Comment.
The D,S. Fish and Wildljfe Service (Service) released a draft economic analysis of its proposal to
designate approximately 55,408 acres ofland in Riverside and San Bernardino counties as
critical habitat for the federally endangered San Bernardino kangaroo rat (Dipodomys merriami
parvus). We published a Notice of Availability of the draft economic analysis in the Federal
Regisrer on September 4,2001.
The draft analysis identifies and estimates the potential economic impacts that could result from
the designation of critical habitat for the kangaroo rat Economic impacts resulting from the
designation of critical habitat for the kangaroo rat could range from $4.4 million to $28.2 million
over the neld 10 years. Costs associated with the critical habitat deSignation are in addition to
costs expected to be incurred as a result of the listing of the species, under the Endangered
Species Act (Act), as amended. The draft analysis estimates economic impacts associated with
the listing of the species could range from $10.3 million to $46.3 million over the next 10 years.
The release of the draft economic analysis coincides With the reopening of a public comment
period. We are currently accepting comments and information from the public on the draft
analysis and our proposal to designate critical habitat; comments and materials will be accepted
through 5:00p.m. on October 4,2001.
We have also scheduled public hearings during the open comment period to give the public an
opportunity to provide oral testimony _ The hearings will be held as follows:
September 20, 2001 from 1:00 p.m. to 3:00 p.m. and 6:00 p.m. to 8:00 p.m.
Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California.
Testimony will be accepted beginning at 1:00 p.m, and 6:00 p.m, Oral comments may be limited
in length if a large number of people register to give oral testimony. There are no limits to the
length of written comments or materials presented at the hearing or mailed to the Service. Oral
comments are given the same weight and consideration as written comments.
September 4, 200 1
2
The San Bernardino kangaroo rat is a small, native mammal that inhabits flat or gently sloping
areas of loose rock, sandy soil, gravel. and sand deposited by streams as they flow into valleys or
onto plains. In the 1960s, more than 25 populations of this species Wetl: known from the San
Bernardino Valley in San Bernardino County, to the Menifee Valley in Riverside County.
Currently, si~ g~p'hical~iSh\ated populations of the species remain.
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The Service listed the San Bernardino kangaroo rat as endangered on January 27, 1995, under the
emergency listing provision of the Act. Emergency listing was necessary because of the small
population of the species and the immediacy and severity of threats to its continued existence,
The final rule listing the San Bernardino kangaroo rat as endangered, under the Act, was
published in the Federal Register on September 24,1998.
We published a proposal to designate critical habitat for the kangaroo rat on December S, 2000.
Critical habitat identifies lands that arc essential for the conservation of a threatened or
endangered species. If an action undertaken, authorized. funded, or permined by a Federal
agency may affect a federally listed species or its designated critical habitat, consultation with the
Service is required. Activities on private lands that do not require Federal permitting,
authorization, or funding are not affected by a critical habitat designation.
Written comments on the proposed designation of critical habitat and the draft economic analysis
should be submitted to Field Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue
West, Carlsbad, California 92008 or by electronic mail to fwlcfwo_sbkr@fws.gov.
If you are submitting comments via electronic mail, please submit them in ACSrr file format and
avoid the use of special characters or encryption. Include "Attn: RIN 10 IS-AH07" and your
name and return address in the message. If you do not receive a confirmation from the system
that we have received your e-mail message, please contact the Carlsbad Office directly at phone
number (760) 431-9440.
If you have any questions regarding this acnon or would like a copy of the draft economic
analysis mailed to you, please contact Mark Elvin of my staff at (760) 431-9440.
Sincerely.
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1.1\ Jim A. Bartel
r ~ Field Supervisor
Enclosures
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u.s. Fish & Wildlife Service
Department of the Interior
U.S. Fish & Wildlife Service
Carlsbad Fish and Wildlife Office
2730 Loker Avenue West
Carlsbad, California 92008
Phone: 760/431-9440
Fax: 760/431-9624 '
News
Release
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(SC)
01-105
Contact: Andy Yuen. Karen Evans. or Jane Hendron - 760/431-9440
September 4, 200 I
FISH A~"D WILDLIFE SERVICE RELEASES DRAFT ECONOMIC ANALYSIS OF
IMPACTS ASSOOA TED WITH PROPOSED CRITICAL HABIT A T FOR THE
ENDANGERED SAN BERN'ARDINO KANGAROO RAT'
Public Hearings Scheduled
The U.S. Fish and Wildlife Service has released a draft analysis of the economic impacts associated with
its proposal to designate critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami
parvu.s) on approximately 55.408 acres of land in Riverside and San Bernardino counties, California.
The draft analYSIS estimates that the economic impacts of designating critical habitat for the kangaroo rat
could range from $4.4 million to $28.2 million over the next 10 years. Additional costs ranging from
$10.4 million to $46.3 million over the next 10 years are attributed to the listing the kangaroo rat under
the Act.
Today's release of the draft economic analysis coincides ....-ith the reopening of a public comment period
during which the Service will accept comments and information about the proposed designation of
critical habitat and the draft economic analysis. The Service has also scheduled public hearings to
provide the public with an opportunity to give oral testimony on the proposal and the draft economic
anal ysis. Hearings will take place, as follows:
Thursday, September 20, 2001, from 1:00 p.rn. to 3:00 p.m. and from 6:00 p.m. to 8:00 p.m.
Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California_
If critical habitat is designated for a species listed as threatened or endangered, under the Endangered
Species Act, an analysis of the economic impacts associated with the designation must be completed.
An economic analysis identifies costs attributed to the designation of land as critical habitat that are
above impacts resulting from the listing of a species under the Act. Impacts can include costs associated
with conducting consultations with the Service, conducting surveys, costs to the Service for providing
technical assistance to other Federal, state, and local agencies and private landowners, and possible
modifications to projects. .
The San Bernardino kangaroo rat is a small, native mammal that has a body length of approximately 4
inches. Its coat is a pale yeIlow color with a heavy overwash of dusky brown and it has medium to dark
brown tail stripes. The kangaroo rat lives on flat or gently sloping areas of loose rock, gravel, and sand
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that are deposited by wind or stream as it flows into a valley; kangaroo rats also inhabit flood plains and
washes. Upland areas that contain sage scrub are also important to the kangaroo rat because these areas
offer refuge during times of flooding,
Historically, the San Bernardino kangaroo rat ranged from the San Bernardino Valley in San Bernardino
County to the Menifee Valley in Riverside County. Much of the kangaroo rat's natural habitat has been
lost or severely fragmented as a result of urban, industrial, and agricultural development, and
construction of flood control channels which have altered the natural hydrological processes of streams
and creeks. In the 1960s, the species was known from more than 25 locations; today. only six scattered
populations remain.
We listed the San Bernardino kangaroo as endangered, under the emergency listing provision of the Act,
on January 27, 1998, Emergency protection for the species was necessary because of the small number
of kangaroo rats remaining, and the immediacy and severity of threats to its continued existence. The
listing was finalized on September 24, 1998. At the time the species was listed, we did not designate
critical habitat.
In 1999. the Center for Biological Diversity and Christians Caring for Creation filed a lawsuit against the
Service, challenging our dc;~ision not to designate critical habitat. We entered into a settlement
agreement with the plaintiffs on November 3, 1999, Under terms of the agreement we reviewed our
earlier decIsion not to designate critical habitat for the San Bernardino kangaroo rat and detennined that
critical habitat was. in fact, prudent. Our proposal to designate critical habitat was published in the
Federal Register on December 8, 2000,
A Notice of Availability of the Draft Economic Analysis was published in today's Federal Register.
Copies of the draft analysis are available through the internet at hup:/Icarlsbad.fws.gov. Written
corrunents on our proposal to designate critical habitat for the kangaroo rat and the draft economic
analysis should be submitted to Field Supervisor. Carlsbad Fish and Wildlife Office, 2730 Loker Avenue
West, Carlsbad, California 92008, Corrunents received by 5:00 p.m. on October 4, 2001 will be
considered in any final detennination.
You may also submit corrunents by electronic mail to fwlcfwo_sbkr@fws.gov. Please submit
electronic comments in ACSrr file format and aVOId the use of special characters or encryption. Please
include "Aun: RIN IOI8-AH07" and your name and return address in your e-mail message. If you do
not receive a confirmation from the system that the Service has received your message, please contact
the Carlsbad Office directly at phone number 760/43 I -9440.
The V,S. Fish and Wildlife Service is the priocipaJ Federal agency responsible for conserving, protecting and
enhancing fish. wildlife and plants and their habitats for the continuing benefit of the American people. The
Service manages the 94-million-acre National Wildlife Refuge System which encompasses more than 535
national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 70
national fish hatCheries, 64 fishery resource offices and 78 ecological services field srations, The agency
enforces Federal wildlife laws. administers the Endangered Species Act, manages migratory bird populations.
restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands. and helps
foreign goverrunents with their conservation efforts. It also oversees the Federal Aid program lhat distributes
hundreds of millions of dollars in excise taxes on fIshing and hunting equipment to srate fish and wildlife
agencies,
.FWS-
For mcr~ informo.rion abour the U.S. Fish and Wildlife Service, visit our home page at ww......fws,gov
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What is the San Bernardino kangaroo rat?
The San Bernardino kangaroo rat (Dlpodamys merriami
parvus) is a small, native mammal that is only found in
portions of Riverside and San Bernardino counties, California
It is one of 19 recognized subspecies ofMerriam's kangaroo
rat,
The San Bernardino kangaroo rat has a light yellow to dusky
brown coat with medium to dark brown tail stripes, foot pads,
and tail hairs. it is considerably darker and smaller than the
Pacific kangaroo rat and the Stephens' kangaroo rat, two
other subspecIes of Merriam's kangaroo rats that are found in
southern California, In addition, the San Bernardino kangaroo
rat has only four toes on each of its hind feet, unlike both the
Pacific and Stephens' kangaroo rats, whIch have five toes on
each hind fool.
Like other kangaroo rats. the San Bernardino kangaroo rat
feeds mostly on seeds and often store large quantities of food
in caches inside their burrows for future use. The kangaroo
rat will also eat insects when they are readily available and can
live for long periods without water
The breeding season of the San Bernardino kangaroo rat
extends from January through late November, with peak
reproduction occurring in late June, Usually one liller is
produced by a female each year. There are generally two or
three young per litter. Females are known to increase their
consumption of green vegetation during lactation, presumably
to compensate for increased water loss associated with milk
production.
Where does the San Bernardino kangaroo rat live?
The San Bernardino kangaroo rat requires certain kinds of
habitats to for feeding, sheltering, foraging, and breeding, It
can be found on flat or gently sloping areas of composed of
loose rock, gravel, and sand deposited by streams as they
flow into valleys or onto plains, Upland areas that contain sage
scrub are also important to the kangaroo rat because
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San Bernardino
Kangaroo Rat
these areas ofter refuge during times of flooding,
Why is the San Bernardino kangaroo rat
endangered?
Historically, San Bernardino kangaroo rats ranged
from the San Bernardino and San Jacinto valleys in
San Bernardino Coumy to the Menifee Valley in
Riverside Countll. In the 1960s at least 25 known
populations of the kangaroo rat were known,
Currently, only six widely separated populations of
the San Bernardino kangaroo rat exist
The primary causes of the species' decline are
habitat loss, degradation, and fragmentation. Much
of the kangaroo rat's habitat has been lostlo urban.
agricultural, and industrial development.
Construction of dams, reservoirs and flood control
channels have also destroyed habitat for the
kangaroo rat. Areas that still comain suitable
habitat for the kangaroo rat have become
fragmented; in some cases, a population of the
kangaroo rat in one location cannot intermix with
another popularion of its own kind because roads,
highways, and other structures act as barriers and
prevent the species from freely moving from one
area to another.
Loss and fragmentation of San Bernardino
kangaroo rat habitat is expected to continue as
southern California's human population expands, In
the 1950s, the population of Riverside and San
Bernardino counties combined was about 400,000,
Currently, more than 2,5 million people reside in
this region; by the year 2000, the human population
of San Bernardino and Riverside counties is
expected to increase to nearly four million, Further
habitat losses resulting from development or
alteration of the landscape will likely have a
significant impact on remaining populations of
kangaroo rats,
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Frequently Asked Questions
about the Draft Economic Analysis on
the Proposal to Designate Critical
Habitat for the San Bernardino
Kangaroo Rat
Q. What is all economic analysis and why i:; it reqllired?
Section 4(b)(2) of the Endangered Species Act, as amended (Act), requires the US Fish and Wildlife Service to
designare c~itical habitllt, based on the best scientific information available, after taking into account the economic
impact, or any other relevant impact, ofspecitying a particular area as critical habitat. We can exclude an area from
critical habitat designation, if we determine that the benefits of exclusion outweigh the benefits of including it as
critical habitat, unless we determine that the exclusion of an area from critical habitat would lead to the extinction
of the species, ,-
The draft economic analysis on the proposed critical habitat designation for the San Bernardino kangaroo rat was
prepared by Industrial Economics, Inc, (IEc), for the Service's Division of Economics.
Q. What areas have been proposed as critical habitat for the San Bernardino kangaroo rat?
We published a proposal to designate approximately 55,408 acres ofland in Riverside and San Bernardino counties
as critical habitat for the federally endangered San Bernardino kangaroo rat in the Federal Register on December
8,2000 The proposed critical habitat acreage is divided into six separate Units which includes Federal, Tribal, State,
local and private lands
The six critical habitat Units are as follows:
Unit 1: Santa Ana River: This Unit encompasses approximately 12,074 acres ii'tSan Bernardino County. Portions
of Santa Ana River and sections of City, Plunge, Mill, and San Timoteo Creeks ~e included in Unit 1. Portions of
land proposed as critical habitat in Unit 1 are managed by the U.S, Forest Service, Department of Defense, Bureau
of Land Management; the cities of San Bernardino, Redlands, Highland, Colton, Mentone, Lorna Linda, and Yucaipa,
and private landowners,
Unit 1: Lytle and Cajon Creeks: Unit 2 covers about 20,621 acres in San Bernardino County and represents the
northern most range of the San Bernardino kangaroo rat. This Unit includes habitat along and between the Lytle
and Cajon Creeks from the point where they emanate from canyons in the San Bernardino National Forest to flood
control channels downstream, Some of the land in this Unit lies within the cities of Fontana, Rialto. and San
Bernardino.
Unit 3: San Jacinto River-Bautista Creek: There are approximately 10,104 acres within in this Unit which lies
within Riverside County, Some of the lands are managed by the U.S. Forest Service, Bureau of Land Management,
or are under state, local, or private ownership, In addition, about 1,149 acres ofland within the Soboba Reservation
is included in this Unit,
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Unit 4: EtiwandaAlIuvial Fan and Wash: Unit 4 covers about 9.502 acres of habitat in western San Bernardino
County including portions of the active hydrological channels of Deer, Day, Etiwanda, and San Sevaine Creeks,
Portions of the cities of Rancho Cucamonga, Fontana, Ontario, and Rialto are included in this Unit; there are also
small portions ofUSFS and BLM lands in Unit 4,
Unit 5: Reche Canyon: This small critical habitat Unit encompasses about 319 acres in an around Reche Canyon
in San Bernardino County, Some portions of the cities of Colton, Loma Linda, and San Bernardino are included in
Unit 5.
Unit 6: Jurupa Hills-South Bloomington: Unit 6 covers approximately 2,788 acres ofland and includes the Jurupa
Hills eastward to a southern portion of the City of Bloomington, A small part of Unit 6 lies within Riverside County,
the remainder is in San Bernardino County, The Unit included portions of the cities of Fontana, Glen Avon, and
Sunnyslope,
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Q. What methodology was used to develop the draft economic analysis?
To detennine the economic impact resulting from the designation of critical habitat for the San Bernardino kangaroo
rat, IEc first reviewed the critical habitat Units and developed a comprehensive list of all possible Federal nexuses
for lands included in each of the Units A Federal nexus exists when an action is undertaken, authorized, permitted,
or funded by a Federal agency, regardless of ownerslup of the land, Under section 7 of the Act, if a Federal agency
determines an action may affect a federally listed species or its designated critical habitat, it must consult with the
Service,
After developing a list of all possible Federal nexuses, the draft analysis identifies whether a specific project or
activity would result in a section 7 consultation. and whether the consultation would likely result in any modifications
to a project, The draft economic analysis provides an estimate of the possible costs associated with consultations
and/or modifications to projects within the proposed critical habitat areas,
Q. What are the conclusiOlIS of the draft economic analysis?
The draft economic analysis estimates costs associated with the designation of critical habitat for the San Bernardino
kangaroo rat could range from $4,4 million to $28.2 million over the next ro yt:llfs. These figures were based on
a determination that approximately 170 to 280 consultations could be required over the next 10 years, The
consultations could be fannal or infonnal. ..
To calculate an average cost of a consultation. the draft economic analysis considered the components of a
consultation including costs to conduct surveys, administrative costs to the Service for conducting a consultation,
possible costs associated with delays to projects, and costs that could be incurred as a result of conservation
measures c~ modifications necessary to complete projects,
Q. How will the Soboba Tribe be affected by the designation oj critical habitat?
The designation of critical habitat on lands within the Soboba Reservation is not likely to have a significant impact
beyond those stemming from the listing of the San Bernardino kangaroo rat, under the Act. Lands within the Soboba
Reservation along the San Jacinto Wash and tributaries that are proposed as critical habitat are likely occupied by
the San Bernardino kangaroo rat. Therefore, if an action is planned that may affect the species (with or without
critical habitat). consultation with the Service will be required
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As a Federal agency, we have a unique relationship with Tribal governments, especially when undertaking actions
that may affect Tribal rights or Trust resources_ As independent governments, Tribes exercise inherent sovereign
powers over their members and territories_ We understand that federally recognized Tribes must be related to on
a government-to-govemment basis, The Service will continue working with the Soboba Tribe on this and other
environmental issues,
Q. What impact will deSignation of critical habitat for the kangaroo rat have on the reuse plans for
Norton Air Force Base? '
The designation of critical habitat for the San Bernardino kangaroo rat will not stop the plans to convert the former
Norton Air Force Base to new uses, We have already informally consulted with the Federal Aviation Administration
(F AA), regarding two grants - one $7 million grant to construct a JP A training facility and one gram between $5 and
$20 million to rehabilitate the main runway_ In our consultations on these two grants, we determined that
construction of a JP A facility and rehabilitation of the main runway will not adversely affect the proposed critical
habitat
The San Bernardino International Airport Authority (SBlAA) has also applied for a $1,3 million grant to construct
a hangar This grant has been awarded and consultation with the Service was not necessary because the project
occurs outside the proposed critical habitat and had no adverse affects to it.
Q. Does the draft economic analysis identify costs associated with the listing of the San Bernardino
kangaroo rat, under the Act?
Yes, Listing of a species, under the Act. is based solely upon the best scientific and commercial information about
the status of a species and threats to its continued existence, Economic impacts associated WIth the listing of a
species are not addressed in the listing process In previous designations of critical habitat, we have only identified
economic impacts that are above the impacts resulting from the listing of a particular species, under the Act,
A ruling by the Tenth Circuit Court on May 11, 200 I, addressed the analytical approach used by the Service to
estimate economic impacts associated with the designation of critical habitat for the federally endangered
southwestern willow flycatcher, In the economic analysis that accompanied t_he designation of critical habitat fonhe
flycatcher, we defined the baseline conditions to include impacts associated With the listing of the flycatcher, but
presented only the incremental effects that would result from the designation of critical habitat. The Tenth Circuit
Court disagreed with this approach and concluded that Congress intended that the Service conduct a full analysis
of all of the economic impacts of critical habitat designation, regardless of whether the impacts are attributable co-
extensively to other causes.
In an effort to address the Court's concerns, the draft economic analysis for the San Bernardino kangaroo rat clearly
identifies costs related to the listing of the kangaroo rat for the next 10 years, These costs are estimated to be
between $1 0,3 million and $46_3 million. and are additional to costs associated with the designation of critical habitat
Q. WillI have an opportunity to comment on this draft analysis?
Yes, We want to make sure that any final action resulting from this proposal will be as accurate and as effective as
possible_ We are actively seeking your comments and suggestions, In particular, we are seeking comments
regarding:
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( I ) The reasons why any habttat should or should nOt be determined to be critical habitat as provided b)
section 4 of the Act, including whether the benefits of designation will outweigh any threats to the
species due to designation;
(2) Specific information on the amount and distribution of San Bernardino kangaroo rat habitat, and wha1
habitat is essential to the c?n~rv..~ti9-n ()fth.e specj,es lind, why; .
(3) Land use practices and currentofplanned activities inthesubject areas and their possible impacts on
proposed critical habitat;
(4 )Ari.y fO'reseeable economic or othetin'ipacts resulting from the proposed designation of critical habitat,'
in particular, any impacts on small entities or families; and
(5) Economic and other values associated with designating critical habitat for the San Bernardino
kangaroo rat, such as those derived from non-consumptive uses (e,g, hiking, camping, enhanced
watershed protection, increased soil retention, "existence values," and reductions in administrative
costs)
Written comments and information on the proposed designation of critical habitat for th'e San Bernardino kangaroo
rat will be accepted through SOOpm on October 4,200\, and should be sent to Field Supervisor, Carlsbad Fish and
Wildlife Office, 2730 Loker Avenue West, Carlsbad, California 92008.
Comments may also be sent by electronic mail 10 rwlcrwo_sbkr@rws.gov. Please submit comments in ASCII file
format and avoid the use of special characters and encryption, Please include "Ann: RIN - 10 18-AHO?" your name,
and return address in the e-mail message, If you do not receive a contirmation from the system that your e-mail
message was receIved, contact the Service directly by calling the Carlsbad Fish and Wildlife Office at 760/431-9440
All comments receIved, eIther written or oral, are given equal weight and wiU be considered during the decision-
making process, Comments and materials received will be available for public inspection, by appointment, during
normal business hours, at the Carlsbad Fish and Wildlife Office
Prepared by
Updated
Carlsbad Fish and Wildlife Office
August 29, 2001
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,
RESOLUTION NO.
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 information
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 specially recites the federal court decision in
New Mexico Cattle Growers Association. et at 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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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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WHEREAS, there was delivered to the Mayor and Common Council on October I,
200 I, 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, BJ;l 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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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 of 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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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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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 oflegal parcels ofland 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 shalI 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
65864 et. seq, and the approval of any settlement agreement for a prior lawsuit which has
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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 named 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,
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Section 6. The Mayor and Common Council hereby direct City Staff 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, City Staff 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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RESOLUTION OF THE CITY OF SAN BERNARDINO IN OPPOSITION
TO THE PROPOSED CRITICAL HABITAT DESIGNATION FOR THE SAN
BERNARDINO KANGAROO RAT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2001, by the following
vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
,2001.
day of
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F, PENMAN
City Attorney
By: (L,,,,,",, J., f ~~~
o
Page 8
TO:
FROM:
SUBJECT:
DATE:
COPIES:
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
Mayor and Common Council
Valerie C, Ro~ty Planner
Agenda Item No, 15 - San Bernardino Kangaroo Rat
October 1,2001
Rachel Clark, City Clerk; James Penman, City Attorney; Fred Wilson,
City Administrator; James Funk, Director
Attached are additional items related to Agenda Item No, 15,
Exhibits:
3
4
History of Listing Briefing Paper, prepared by Stacy Aldstadt
San Bernardino Kangaroo Rat Economic Impact Study, prepared
by John Husing, Ph.D,
Natural Research Assessment, Inc, study, prepared by Karen
Kirtland
5
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EXHIBIT 3
BRIEFING PAPER
IMP ACTS OF CRITICAL HABITAT LISTING
OF THE SAN BERNARDINO KANGAROO RAT
ON THE CITY OF SAN BERNARDINO
A {jeJDA 116M /5
Historv of Listioe
The San Bernardino Kangaroo Rat was emergency listed as endangered on January 27,
1998, On September 24,1998, the Department of the Interior (Fish and Wildlife Service)
published the final rule determining the San Bernardino Kangaroo Rat to be an
endangered species (63 FR 51005), Section 4(a)(3) of the Endangered Species Act
(ESA) requires that, to the maximum extent prudent and determinable, the Secretary of
the Interior designate critical habitat at the time a species is designated to be endangered
or threatened,
Critical habitat designation for the San Bernardino kangaroo rat was determined not to be
prudent at the time oflisting because an increase in the degree of threat to the species'
could result. (In other words, if the habitat was identified, those parties identified as
threatening destruction of the species, i,e., developers in the area who had bulldozed
known habitat and threatened to do more of the same, could locate habitat areas to
destroy.) Additionally, the Fish and Wildlife Service determined that the designation of
critical habitat for the San Bernardino kangaroo rat was not prudent due to the lack of
benefit to the species,
On March 4, 1999, the Southwest Center for Biological Diversity and Christians Caring
for Creation filed a lawsuit in California against the Service and the Department of the
Interior for failure to designate critical habitat for the San Bernardino Kangaroo Rat and
other federally listed species, A settlement agreement was reached on November 3,
1999, in which the Service agreed to, in essence, designate critical habitat. On December
8,2000, the Service published the proposed critical habitat designation (65 FR 77178),
The critical habitat listing is broken into units covering, generally, the Lytle Creek and
Cajon washes, the Santa Ana River and the San Jacinto River. The listing designates a
total of 55,408 acres, The units most important to San Bernardino are Units 1 (Santa Ana
River Unit) and 2 (Lytle and Cajon Creeks),
Unit 1 contains both developed and undeveloped land immediately east of the 215 North
freeway, and north ofthe 1-10 freeway, Generally, the land designated is the Santa Ana
River bottom and a significant area bordering the river, It includes the former Norton Air
Force Base, including its runways, and significant areas of eastern Redlands and the
foothills,
Unit 2 contains both developed and undeveloped land starting at Foothill Boulevard,
north to the headwaters of Lytle and Cajon Creeks, Unit 2 contains land that is adjacent
to the industrial corridor along the 215 North freeway, Unit 2 also covers Devils Canyon
and the Verdemont area,
White Paper
Re: SB Kangaroo Rat
10/01101
Rel!ulatorv Effect of Listinl!
The primary regulatory effect of a Section 7 critical habitat designation is the ESA
Section 7 requirement that Federal agencies refrain from taking any action that destroys
or adversely modifies critical habitat. Therefore, the biggest impact to the City of San
Bernardino concerns any actions that involve a Federal nexus (i,e" the issuance of
Federal permits, like a streambed alteration permit from the Army Corps of Engineers, or
a National Pollutant Discharge Elimination System permit),
If Federal funds are used in a project, that is sufficient to create a Federal nexus,
AdditionalIy, through the California Environmental Quality Act (CEQA), a Federal
agency may require mitigation measures through the comment process on an
environmental impact report. A private landowner, developing a parcel ofland, who
does not require a Federal permit, Federal funds or an environmental document, should
not be affected by the critical habitat designation,
It is important to remember, however, if there is an actual take of the species (i,e" you
kill one or harm one of the rats), any individual, organization or entity may be liable for
criminal penalties assessed under the authority of the ESA.
Fish and Wildlife Service
Acknowledl!es Problems with Critical Habitat Listinl!
At 65 FR 77184, the Service acknowledges the inherent errors in their critical habitat
designation, by stating:
"In defining critical habitat boundaries, we made an effort to avoid development,
such as urbanized areas (e,g" cities) and similar lands that are not critical habitat.
However, the minimum mapping unit that we used to approximate our delineation
of critical habitat for the San Bernardino kangaroo rat did not allow us to exclude
all developed areas not likely to contain the primary constituent elements essential
for conservation of the San Bernardino kangaroo rat. Existing features and
structures within the boundaries ofthe mapped units, such as buildings,
roads, railroads, airports, other paved areas, lawns, and other urban
landscaped areas wi1l not contain one or more ofthe primary constituent
elements. Therefore, Federal actions limited to those areas would not trigger a
section 7 consultation unless they affect the species and/or primary constituent
elements in adjacent critical habitat."
2
White Paper
Re: SB Kangaroo Rat
10/01/01
We can conclude, therefore, that the Service is open to de-listing these areas, The
challenge, however, is to identify the areas,
Areas Excluded bv the Service's Admission
All of the areas included in the critical habitat designation that are currently developed,
urbanized, paved should be excluded, The City of San Bernardino has prepared maps
showing these areas and they are available for review, The areas in Unit 2 that should be
excluded, based on the Service's own admission, are existing residential, commercial and
industrial developments south of Lytle Creek, existing water facilities, such as spreading
basins, wells, pipelines, reservoirs and other related appurtenances, The areas in Unit I
that should be excluded include the former Norton Air Force Base property, and
urbanized areas adjacent to the Santa Ana River, This is a generalization ofthe types of
land that should be automatically excluded,
There should be an official de-listing of these areas, rather than the assurance of the
Service that no Section 7 consultation is necessary, Otherwise, the consultation remains
a discretionary decision and that decision would, itself, be costly and time consuming,
Areas Listed Failinl!: to Meet the Service's Criteria for Listinl!:
The Service has designated the areas of critical habitat based on criteria outlined in their
listing notice at 65 FR 77178, The City of San Bernardino retained an environmental
specialist (a biologist) who reviewed the criteria and then looked at the areas designated,
In this biologist's opinion, in Unit 2, the Devil's Canyon and Verdemont (west of the 215
North) areas should be removed from the listing, Trapping in that area has failed to
locate the San Bernardino Kangaroo Rat and much of that area has been highly disturbed,
rendering it not critical to survival ofthe species,
Economic Impacts
Section 4(b )(2) ofthe ESA requires the Service to designate critical habitat on the basis
of the best scientific and commercial information available, and to consider the economic
and other relevant impacts of designating a particular area as critical habitat. The Service
may exclude areas from critical habitat upon a determination that the benefits of
such exclusions outweigh the benefits of specifying the areas as critical habitat.
In August 2001, the Service issued its Draft Economic Analysis of Critical Habitat
Designation for the San Bernardino Kangaroo Rat (Draft Economic Analysis or DEA),
The DEA is legally faulty and methodologically faulty,
3
White Paper
Re: SB Kangaroo Rat
10/01/01
At least one circuit of the United States Courts of Appeal (loth Circuit) has issued a
ruling that the Service must consider all economic impacts ofthe original listing, along
with the impacts of the critical habitat listing, rather than taking an incremental approach,
New Mexico Cattle Growers Association. et al. v, U.S, Fish and Wildlife Service (May
11,2001) No, 00-2050, U.S, Court of Appeals, The DEA gives lip service to this
approach, but does not actually do the "all economic impacts" approach
methodologically,
Additionally, the DEA fails to consider two unique features of California, and Southern
California in particular: the cost of water and the cost of development.
A. The Cost of Water
The analysis does not recognize the impacts of designating much ofthis basin's best,
highest quality watershed as critical habitat. One of the most effective uses of the high-
quality water is to spread it as it is available and where it is available, to provide for
groundwater replenishment. In the Lytle and Cajon Creek areas, there are any number of
spreading facilities that operate in this fashion,
The maintenance of spreading facilities in those two creeks requires streambed alteration
permits, Federal permits, The process for obtaining those permits will become so
onerous as to render the spreading operations, in effect, non-operational. Experience
with the Service in these areas on other endangered species sufficiently supports this
proposition,
In effect, by limiting natural water supplies, the area water producers are forced to locate
alternative supplies, The only alternative is State Project Water, currently available for at
least 479 per acre foot.
A conservative estimate of the impacts to area from a water supply standpoint in one area
alone (the Seven Oaks Dam) is in excess of $130 million dollars, a far cry from the total
water supply impact estimate in the DEA of $63 million,
B, The Cost of Development
Again, the DEA assumes that there are alternatives to lost land, There aren't. According
to John Husing, the development community has acquired every acre of "buildable" land
in the inland area and plans to use them, Californians currently face a severe housing
shortage, which is only projected to get worse, Again, a quick and conservative estimate
of the economic impacts caused by withdrawal ofland designated as critical habitat is
something on the order of at least $4 billion.
4
White Paper
Re: SB Kangaroo Rat
10/01/01
Conclusion
We are asking for support in having all developed, urbanized areas de-listed, as
acknowledged should be done by the Service,
We are asking for support in having the Devil's Canyon and Verdemont area de-listed on
the basis that the biology doesn't support the listing,
Weare asking for support in de-listing developable parcels that are currently
undeveloped on the basis that the benefits of exclusion outweigh the benefits of
specifYing these parcels as critical habitat.
Even taking into account these requests, there will still be a significant area that is
available for designation, providing critical habitat for the San Bernardino Kangaroo Rat.
5
Economics & Politics, Inc.
3142 Cactus Circle
Highland, CA 92346-1739
(909)425-8952 Phone
(909)425-0601 Fax
iohnai!iohnhusinl!.com
www.iohnhusiDl!.com
EXHIBIT 4
To:
From:
Subject:
Date:
Concerned Agencies
John Husing, Ph.D,
San Bernardino Kangaroo Rat Economic Impact Study
September 27,2001
As per your request, I have reviewed the "Draft Economic Analysis of Critical Habitat Designa-
tion for the San Bernardino Kangaroo Rat" [Draft Economic Analysis] prepared by Industrial
Economics, Inc, of Cambridge Massachusetts, This document was meant to fulfill the Congres-
sional mandate that a full analysis be conducted of the economic impact of listing an endangered
species and designating critical habitat for it.
Purpose. The purpose of this analysis is to create hard facts upon which decisions can made in
situations where the economic impact of including a geographic area within a critical habitat is
so high that either the property should be omitted or a legitimate alternative pursued, provided
such alternatives do not endanger the survival of the species,
Standard. If the economic analysis is to play this crucial role, it is vitally important that it be
conducted in a manner which uses:
. The best available data
. A professionally acceptable analytic framework
If a report does not meet these standards, it cannot be accepted as fulfilling the Congressional
requirement of a legitimate analysis of the economic impact of listing the species and establish-
ing critical habitat for it.
Conclusion. A careful reading of the Draft Economic Analysis by anyone who understands the
economies of San Bernardino and Riverside counties leads to two comments:
1. It appears as if the analysts prepare numerous studies for the Department of Eco-
nomics of the D.S, Fish & Wildlife Service and do not seem to have the time or the
budget to properly study any single area,
2, It appears that the analysts are not well schooled in regional economics and thus do
not fully understand the methodology used in economic impact analysis,
In any case, this piece of research is so flawed that there is no way that it can be viewed as a se-
rious attempt to understand or measure the potential impact of the listing and habitat in question.
Given the importance of this research for the people, companies and agencies within the region,
this is unfortunate as there is plenty of data and a methodology to do precisely what the law and
the courts require,
Economics & Politics, Inc.
10f5
AC1a!fJA jle-fI/I 15
Alternatives. As a Ph,D, in regional economics from Claremont Graduate University, who has
spent 37 years studying the economies of San Bernardino and Riverside counties, it is my opin-
ion that one of two actions should be taken in light ofthe importance of the economic analysis to
the listing and critical habitat process:
1. U.S, Fish & Wildlife Service should set aside the Draft Economic Analysis and fund
a legitimate study of the impact of the listing and critical habitat for the San
Bernardino Kangaroo rat using the enormous amount of data available on the area in
question, or
2, The jurisdictions of the affected region should file suit to ask the court to have such
an analysis conducted,
The Flaws
Permit me to explain how these conclusions were reached and the problems with the Draft Eco-
nomic Analysis,
Zero Sum Game: A Billion Dollar Methodolol!ical Error. The San Bernardino Kangaroo Rat
critical habitat designation is in the midst of one of the fastest changing areas in the United
States, This is the case because it lies inland and adjacent to Los Angeles, Orange and San Di-
ego counties of California, Each of those places is running short of land to handle homes and
businesses, As a result, people and companies are being forced to migrate inland to San
Bernardino and Riverside counties (Inland Empire), In the next 20 years, the conservative esti-
mate of the inland region's population growth is 1.8 million people, more than all but three V,S,
states (California, Texas and Florida), Simultaneously, the expansion of local companies and
the migration of new ones to the area is expected to add 830,000 jobs to the Inland Empire's
economy,
There is no doubt that this population and economic explosion will put pressure on the species
located within the Inland Empire as a lot of vacant land will be urbanized, That is reason why
this habitat issue has arisen,
However, the lack of understanding of the pressures of this economic environment is the reason
for the most glaring flaw in the Draft Economic Analysis, Repeatedly, the analysts measure the
economic impact of withdrawing a piece of land from residential, commercial, industrial or in-
frastructure development as the difference between the cost of the project where it sits and the
cost of the project at an alternative site. For instance, the following phrase is used:
"if a single reasonable and prudent alternative requires that a large 50-acre project be
moved from low value land within the critical habitat designation to high value land out-
side of the critical habitat designation, this could result in economic impacts on an order
of...." [emphasis added]
However, this implicitly assumes that there are other sites, Yet, in an area like the Inland Empire
that is undergoing extremely high economic development pressures, there are no alternative sites.
For years, the residential, commercial and industrial real estate community has been acquiring
property in the region for development with an estimated build-out of about 20 years based upon
experiences elsewhere in Southern California, Ifa portion ofland becomes part of the habitat, a
project slated for it cannot be transferred to another place, Rather, it will simply not be built.
For the region in question, the use ofland is a zero sum game,
Economics & Politics, Inc.
2015
Certainly, there is other land available somewhere, However, the closest areas not slated for
rapid development are on the other side of Cajon Pass in the Mojave Desert and on the other side
Banning Pass in the Palm Springs area, These cannot be deemed legitimate alternatives.
The impact of this flaw in the Draft Economic Report can be seen when numbers are applied to
it. Assume that 1,200 of the 55,000 acres of designated critical habitat were to be used for low
density residential development. In the Inland Empire, any planner will explain that the areas
being used for residential development are handling at least 4 homes to the acre, That would
mean that the inland area would end up with 4,SOO fewer homes, The median price of housing in
the region was $20S,963 for the four quarters ended in June 2001. Assuming no price increase,
the lost homes would have a value of$l.003 bilIion, That is the economic impact.
That is a far from the Draft Economic Report's maximum economic impact of $63.3 million,
Assertions Instead of Facts. This does raise the factual question of whether 1,000 acres or
some other number is appropriate for the lost residential property, Unfortunately, from the
analysis done to date, no one knows exactly how much land will be lost from residential, com-
mercial industrial or infrastructure development. The Draft Economic Report approaches this
issue by a circuitous route looking at averages for California land uses based on an abstract
model and "asserts" that the number is low, The local planning community "believes" the num-
ber is very high,
However, "assertions" and "beliefs" are not facts and they cannot be the basis for sound analysis.
A map exists. The map has boundaries, The land within those boundaries has either uses or
zoning, It would have been relatively easy for the authors of the Draft Economic Report to find
out exactly how many acres with what kind of uses were affected by the listing and critical
habitat designation and base the analysis on those facts, That was not done, It needs to be done.
Without, it there has been no economic analysis,
Water: Gettinl! The Facts Wronl! Is A Multimillion DolIar Mistake. Where facts are alleged
in the Draft Economic Report, they are often wrong and with profound consequences, For in-
stance, the report indicates that water production lost due to the habitat designation will require
local water agencies to:
"obtain water from alternative sources in order to meet their customers needs, Based
upon the estimates water supply cost presented by several affected water districts. ob-
taining water from alternative sources could cost as much as $1 million, .. [emphasis
added]
This statement shows an appalling ignorance of water availability and water pricing in Califor-
nia, First, there are no "alternative sources", If a source is lost, water must be taken that was
going to be available for another use, The only alternative in this case is to purchase more
Northern California water and have it delivered via the California State Water Project. Accord-
ing to Bulletin 132 of the California Water Resources Agency, the past cost of this water was
$379 an acre foot. This was before California's energy crisis and the signing oflong term energy
contracts by the department that are expected to add $100 per acre foot to that cost.
When the Draft Economic Report asserts that "$1 million" would have to be spent on alternative
water over 10 years, that amounts to $100,000 per year, At $479 per acre foot for alternative
water, that would allow the purchase ofios acre feet of water a year or enough for 416 homes,
Economics & Politics. Inc.
30f5
Local water authorities look at this analysis and cringe, It is their belief that the critical habitat
designation will rob them of millions of gallons of water production and millions of dollars of
cost in obtaining alternative supplies, They question whether enough additional supply would be
available from the State Water Project.
Here again, we have the contest between the "assertions" of the Draft Economic Report and the
"beliefs" of local experts, There is a map, There are rules of what can and cannot be done
within the critical habitat. There is a measurable amount of water production that would be lost.
There is a cost to that water that can be calculated, Certainly the Draft Economic Report's num-
ber is wrong, The question is how high is the real impact. It deserves to be known,
Seven Oaks Dam: More Impact Than The Entire Draft Report. One project alone shows
the poor quality of the Draft Economic Report. The Seven Oaks Dam was originally proposed as
a flood control facility, However, given the serious water shortages anticipated in Southern Cali-
fornia due to population and economic growth along with projected reductions in the availability
of Colorado River water, the dam's design was modified to allow water captured behind it to be
managed as a new water source. The report acknowledges this issue on page 78 when it states:
"section 7 consultation will be needed before water conservation can take place at the dam ..
However, the analysis does not take into account the Seven Oaks dam:
. According to documents filed with the California State Water Resources Control
Board, the dam will capture an annual average of 15,100 acre feet of usable water.
. At $479 per acre foot, the loss of the dam's water would mean, on average, a direct
loss of$7,2 million a year to the local economy as those funds leave the region,
. Over a 10 year period, this direct loss would be $73.2 million,
Alone, this one project has more economic impact than the $63.3 million found in the entire 120
page Draft Economic Report,
No Multipliers: Another Malor Methodolo2ical Mistake. It is standard procedure in all re-
gional economic impact studies to measure not just the money extracted from an economy but
the impact caused by funds no longer circulating through the local economy creating additional
economic activity and income, The analogy is the closure of a gold mine in the Old West.
When the mines closed, the miners lost their incomes but so also did the people associated with
the saloons and general stores where the miners would have spent their money,
This type of impact is omitted from the Draft Economic Report. The case of the Seven Oaks
Dam shows the impact of this omission,
. The loss of the water from the operation of the dam will cause $73,2 million to be
withdrawn from the local area over a ten year period,
. The RIMS II model of the Inland Empire developed by the V,S, Bureau of Economic
Analysis indicates that on average every $1.00 pulled out of the area would have a
negative impact of 1.7749 times amount.
. The total economic loss from not having access to the water at Seven Oaks Dam
would thus be $130 million.
Economics & Politics. Inc.
4015
By not including this secondary or "multiplier" effect, the Draft Economic Report misses the full
impact by 44% or $56,8 million, Such an omission is professionally inexcusable,
Cost of Rel!ulation: The Unanswered Question. To experts within the Inland Empire, the
55,000 acre critical habitat boundary goes to some odd places, It cuts through buildings, It
crosses parking lots, It includes a freeway and an airport, It cuts through neighborhoods of ex-
isting homes, It runs up hillsides, All of this is strange for an animal that apparently likes to live
in flood plains,
These kinds of gross errors are apparently caused by the poor quality of mapping equipment
available to the D,S, Fish & Wildlife Service, However, the boundaries raise legitimate issues
for people living on the affected properties, What will be the economic impact on them ofliving
under regulation, especially when their property cannot possibly benefit the protected species.
Here, the Draft Economic Report could have performed a very important function, The local
planning community can identify these situations, From past experience, they could estimate the
extra cost of another layer of bureaucratic decision making for the property owners involved,
Given those data, an estimate of typical financial impact could have been derived for people
owning homes, businesses or land in various planning area zones, That impact could have in-
cluded both the cost of lost time and the cost of an approval process that frightens people, And,
given these data, they could made a case for removal of parcels from the critical habitat that were
included due to mistakes in the mapping process, not science,
What the Draft Economic Report does is to assert that there are only a few such situations and
estimate a very small cost for handling the approval process, This approach again replaces as-
sertion with fact. Worse, it leaves unanswered the question ofthe cost to people with property in
specific questionable areas who have a legitimate need for data to show why on both a biological
and an economic basis their property should not be subject to another level of regulation,
Summary. There is a great need for a legitimate economic analysis of the impact of the listing
and habitat designation for the San Bernardino Kangaroo Rat. The Draft Economic Report is not
such a document. Methodologically, it includes an "alternatives analysis" in an area where in the
relevant time period most land uses are a "zero sum" game, and it omits the uses of multipliers
when there are many cases where they must be estimated, Factually, the report relies on abstract
data or erroneous information when a tremendous body of information is available at the local
level on such matters as the current and planned uses for property, the addresses and sizes of
businesses, the location of homes, the prices of property and alternative costs of water supplies,
It is vitally important that an professionally competent Economic Impact Report be prepared for
the San Bernardino Kangaroo Rat.
Sot5
Economics & Politics, Inc.
EXHIBIT 5
Natural Resources Assessment, Inc, (NRA, Inc,) was contacted by the City of San Bernardino to evaluate the Critical Habitat
evaluation and maps prepared by the U,S, Fish and Wildlife Service (USFWS) on the San Bernardino kangaroo rat (SBKR),
The purpose of the evaluation was twofold. First, NRA, Inc, was asked to determine what, if any, changes in the habitat
boundaries and areas were appropriate based on existing data provided by the USFWS and qualified SBKR trappers, new
data collected by NRA, Inc. and the methods used by the USFWS to determine Critical Habitat areas and boundaries,
Second, NRA, Inc, was asked to review the existing and future proposed development areas and their relationship to SBKR
Critical Habitat.
Changes to Critical Habitat
NRA, Inc, reviewed the available documentation on SBKR, including numerous trapping reports, We also conducted
overflights of the various Critical Habitat areas, Our knowledge of various properties within the Critical Habitat areas,
supplemented by our trapping work, was also used in the evaluation,
We reviewed the Final Rule listing the San Bernardino kangaroo rat as endangered (U,S, Fish and Wildlife Service 1998),
This document provided the biological basis for the listing, as well as identification of the threats to populations resulting in
the designation of endangered. We also reviewed the Proposed Rule designating critical habitat (U.S, Fish and Wildlife
Service 2000), As part of the evaluation, we used the criteria provided in the Proposed Rule for designation of Critical
Habitat as described by the USFWS, The USFWS used the following four criteria for the identification of Critical Habitat:
1, Occupation by the San Bernardino kangaroo rat.
2, The state of natural processes that rejuvenate and maintain suitable habitat.
3, The presence oflands that function as upland refugia.
4, The proximity of the areas to large tracts of undeveloped land that are important for population expansion, upland
refugia, connectivity, providing buffers from development, perpetuation of ecosystem processes, and maintenance of
a dynamic mosaic of vegetation,
September 30, 200 t SANO 1.1 0 I
A(jGNDA ['reM 15
We also evaluated the sites using the six Constituent Elements described by the USFWS in the propsed rule for the
designation of Critical Habitat. These elements are:
I, Areas with dynamic geomorphological and hydrological processes typical of fluvial systems within the historical range
of the SBKR, This includes active and historical flood regimes,
2, Historical and current alluvial processes within the historical range of the SBKR,
3, Alluvial sage scrub and associated vegetation, such as coastal sage scrub and chamise chaparraL
4. Sand, loam or sandy loam soils within the historical range of the SBKR.
5, Upland areas that may provide refugia.
6, Moderate to low degrees of human disturbance within this species' historical range, These include agricultural lands that
are not disked annually, out-of-production vineyards, margins of orchards, areas of active or inactive industrial or
resource extraction activities and urban/wildland interface.
Using these criteria, we evaluated the six areas proposed for designation by the USFWS as Critical Habitat, including their
compliance with the four Critical Habitat criteria and the Constituent Elements, Table I provides our summary evaluation
based on the Critical Habitat criteria, Table 2 provides our summary evaluation based on the Constituent Elements criteria,
and Table 3 provides a more detailed explanation of the evaluation upon which our recommendations are based. We included
the analysis of each Critical Habitat Unit. including those outside the city boundaries, since we conducted the analysis for a
broader spectrum of clients. If the City prefers, we can edit the tables to exclude those Units that do not occur within the City
limits,
City Development Areas
We then evaluated different !pes of existing and proposed development areas described by the City and their relationship to
the proposed Critical Habitat boundary, The purpose of the evaluation was to determine what developments should be
removed from inclusion within the proposed Critical Habitat areas,
Proposed Changes to Critical Habitat Boundaries
Following is a discussion of recommended changes for the proposed Santa Ana River and San Timoteo Canyon Critical
Habitat Unit and the Lytle Creek and Cajon Wash Critical Habitat Unit. We also prepared a modified graphic showing our
recommendations for changes in the Critical Habitat boundaries and numbers of units,
Santa Ana River/San Timoteo Canyon Unit
Following are recommended changes to the Santa Ana River/San Timoteo Canyon and Reche Canyon units:
I, The Santa Ana River portion of the Unit should remain essentially unchanged on a large scale, One small change would
be the revision of the boundary where City Creek issues from the base of the San Bernardino Mountains, The
recommended revision would exclude the East Valley Water District Treatment PlantlReservoir but retain the City
Creek drainage within Critical Habitat designation,
September 30, 2001 SANOI-lOl
2, The San Timoteo Canyon portion of Unit I should be removed, Suitable habitat in San Timoteo Canyon appears to be
small in extent. In addition, the connection of San Timoteo Canyon with the Santa Ana River is through a concrete
channel, making it unlikely that populations from the Santa Ana River would move upstream to colonize San Timoteo
Canyon,
Cajon Wash and Lytle Creek
The Lytle and Cajon Creeks area should remain essentially unchanged on the large scale, Exceptions include habitat east of
Interstate 215 and west ofInterstate IS, Trapping in these areas has failed to locate SBKR, and large portions of these two
areas have been highly disturbed by viticulture and other agricultural uses.
City Development
In general, existing development such as residential, commercial and industrial areas should be removed from inclusion in
the Critical Habitat area, In addition, development on infill areas on the fringes of Critical Habitat, or future development
areas that currently lie between or surrounded by existing development should be removed, Small infill sites or small islands
generally do not meet one or more of the criteria for Critical Habitat designation, In particular, these types of sites typically
do not support natural processes that rejuvenate and maintain suitable habitat.
If you have any questions or would like to discuss these fmdings further, please feel free to contact me at 909 6861141 or at
kkirtland@aoLcom,
Attachments: Tables I, 2, 3
To:
Ms, Valerie Ross
City of San Bemardino
From:
Karen Kirtland, Natural Resources Assessment, Inc,
Date:
September 30, 200 I
Subject:
Comments on SBKR Critical Habitat Listing
Memo
3415 Valencia Hill Drive
Riverside, CA 92507
Phone/Fax: 9096861141
E-mail: kkirtland@ao1.com
Natural Resources Assessment, Inc.
September 30, 2001 SANDI-WI
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CCCll
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ 0- l -G' Item # \ 5
Vote: Ayes \-'1 Nays.e--
Change to motion to amend original documents: -
Resolution # 200 I - ~ 1",
Abstain --e Absent -B
Reso, # On Attachments: _ Contract term: -
Note on Resolution of Attachment stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
NullNoid After: -
By: _
Date Sent to Mayor: 1 (')- ?,-() ,
Date of Mayor's Signature: \0- ?',-O\
Date ofClerk/CDC Signature: '0-3-0'
Reso, Log Updated:
Seal Impressed:
v'
/
--
See Attached:
See Attached:
~hed:
Date Returned; -
Date Memo/Letter Sent for Signature:
<
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes /'
Updated Prior Resolutions (Other Than Below); Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634); Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234,655,92-389); Yes
No By
No ,/" By
No / By
No ----;;T By
No 7" By
Copies Distributed to:
City Attorney ,/ Code Compliance
Dev. Services / EDA
Finance
MIS
Parks & Rec,
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: fYtr Date: KJf!;/OI
Revised 01/ 12/0 1
OFFICE OF THE MAYOR
JUDITH VALLES
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5133. Fax: 909.384,5067
www.cLsan-bernardino.ca.us
~
October 4,2001
c:;
A";
en
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en
Field Supervisor
Carlsbad Fish and Wildlife Office
United States Fish and Wildlife Service
2730 Loker Avenue West
Carlsbad, California 92008
t-:':")
;: )
<:
I
c.:~
-....,,:
Re: COMMENTS OF THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
REGARDING THE PROPOSED DESIGNATION OF CRITICAL HABITAT
FOR THE SAN BERNARDINO KANGAROO RAT
Dear Field Supervisor,
This letter and the materials provided herewith are presented by the City of San
Bernardino (the "City") and the Redevelopment Agency of the City of San Bernardino
(the "Redevelopment Agency") in response to the proposed designation of critical habitat
for the San Bernardino Kangaroo Rat and the Economic Analysis of Critical Habitat
prepared for the United States Fish and Wildlife Service (the "Service") by Industrial
Economics, Inc" dated August 2001,
The materials that accompany this letter are:
1. City of San Bernardino Staff Report, dated September 27, 2001,
accompanying the City Resolution under item 2, below;
2, Resolution No. 2001-316 of the Mayor and Common Council of the City
of San Bernardino In Opposition of the Proposed Critical Habitat
Designation for the San Bernardino Kangaroo Rat, dated October 1, 200 I;
3, City of San Bernardino Staff Report, dated October 1,2001, entitled
"History of Listing";
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
field Supervisor
October 4,2001
Page 2
4, Comments of John Husing, Ph,D" consulting economist to the City, dated
September 27,2001, regarding the Draft Economic Analysis of Critical
Habitat Designation prepared for the Service;
5, Comments of Karen Kirtland, consulting biologist to the City, dated
September 30,2001, regarding the proposed designation of Critical
Habitat, and recommendations of the City regarding changes to Critical
Habitat boundaries for a number of units proposed by the Service; and
6, Set of existing land use maps of the City of San Bernardino (4 sheets)
which show the Critical Habitat boundaries proposed by the Service in
relation to annotations on the maps added by the City staff which identify
established building and structure areas and previously developed parcels
and annotations of City staff relating to lands which the City and the
Agency request be deleted or excluded from the proposed Critical Habitat;
These materials are provided by the City and the Redevelopment Agency to augment the
letters, reports and other documents already in the record relating to the proposed
designation of Critical Habitat for the San Bernardino Kangaroo Rat. Based upon all
available information, the City and the Redevelopment Agency respectfully request that
the Service respond with one or more of the following actions:
. Reestablish the proposed Critical Habitat boundaries so that various areas are deleted
which are of marginal, negligible or no benefit to the existence of the species and
which ifnot deleted will impose significant and unreasonable economic and health
and safety detriment to the City and the Redevelopment Agency;
. Modify the proposed Critical Habitat boundaries to remove all developed and entitled
parcels,
. Cause an appropriate economic analysis of the Critical Habitat designation to be
prepared and consider it in the decision making process;
. Hold additional hearings on the designation of Critical Habitat for the San Bernardino
Kangaroo Rat;
. Extend the comment period for the proposed designation of Critical Habitat and invite
and consider additional comments in view of the enclosed and all ofthe other
materials presented;
. Consider how an application of the appropriate factors identified in these comments
and supporting materials and the other comments submitted to the proposed Critical
S0200 I: 29352.2
Field Supervisor
October 4,2001
Page 3
Habitat designation would reduce the level of adverse economic impact and assure
the preservation of the species,
The Endangered Species Act requires the Secretary of the Interior, acting through the
Service, to "solely" consider "the best scientific and commercial data available" when
analyzing whether a species is endangered or threatened, 16 U,S,C, Section
1553(b)(1)(A), The Service may designate as critical habitat "specific areas outside the
geographic area occupied by the species, . , upon a determination, , , that such areas are
essential for the conservation of the species," 16 U.S, C. Section l532(5)(A), The
designation of critical habitat must be based on ", , . the best scientific data available"
considering", , , the economic impact, and any other relevant impact, of specifYing any
particular area as a critical habitat." 16 U,S,C, Section l533(b)(2) (emphasis added),
My colleagues and I are very concerned that the adverse economic impact on our
community associated with the proposed Critical Habitat designation has been
profoundly underestimated by the Service, We recognize and understand that an
economic analysis is not a factor in the decision ofthe Service to list a species. However,
a good faith and reasoned analysis of the adverse economic impact on the human
environment must support the designation of critical habitat for a listed species, As the
United States Court of Appeals recently observed, ", , , all of the economic impacts of
critical habitat designation (regardless of whether the impacts are coextensive with other
causes)..," must be analyzed by the Service (New Mexico Cattle Growers Association v,
United States Fish and Wildlife Service 248 F, 3d 1277).
The Economic Analysis of Critical Habitat Designation for the San Bernardino Kangaroo
Rat as prepared for the Service is deficient and fails to fulfill the mandates ofthe
statutory scheme for numerous reasons set forth in the accompanying materials, On a
general level, my colleagues and I believe that the Economic Analysis is flawed in the
following ways:
1. It is too general: the Economic Analysis often discusses the proposed Critical
Habitat and the potential economic impacts as a single unit or as a combination of
large, often diverse units, The Economic Analysis ignores significant issues that
have been raised regarding specific real property located within these large units,
The Economic Analysis also ignores the adverse economic impacts associated
with the use of arbitrary boundaries for the designated areas that seem to make
little sense either in economic terms or in terms of the biological factors, With so
much at stake in terms of the preservation of the species and the protection of the
human environment, it is unreasonable to arbitrarily allow or tolerate the
vagrancies or limitations of the maps used by the Service in designating the
Critical Habitat to, in essence, drive the Economic Analysis, Thus, the Economic
Analysis fails to comport with the statutory requirement that it consider the
impacts for "any particular area" to be designated as critical habitat.
SB2001: 29352.2
Field Supervisor
October 4, 2001
Page 4
2, It fails to analyze the local environment and economic situation, Indeed, much of
the Economic Analysis could be (and probably has been) applied throughout the
United States, There is no indication that the consultant performing the Economic
Analysis has acquired any particular expertise or awareness of economic
conditions with regard to the specific region involved and the critical water
resource management issues which will be profoundly impacted by the proposed
Critical Habitat.
3, It focuses primarily on the administrative costs of seeking modifications or
exemptions to the designation of critical habitat rather than the costs of
establishing the critical habitat in the first instance, Thus, the Economic Analysis
shares the defects of the kind of analysis performed in the matter reviewed by the
United States Court of Appeals in the New Mexico Cattle Growers Association
case,
To further illustrate only one example of our concern regarding the inadequacy of the
Economic Analysis, I point out that if the Service does not delete from proposed Critical
Habitat the lands in "Area 4" and "Area 6" in Unit 2 (see City existing land use maps and
annotations in materials item 6, above) the community will lose an important site for an
affordable single family housing development program. The City and the
Redevelopment Agency have invested $4,7M in these lands in order to preserve and
enhance affordable housing ownership, Under current California law, if our community
cannot complete the affordable housing redevelopment goals for these properties, the
community will lose all the value of these assets and also be compelled to reimburse the
tax increment low and moderate income housing fund the sum of$4,7M, plus interest.
The comments of Dr, John Husing (materials item 4, above) provided further illustration
of the adverse economic consequence to our community which were not adequately
considered in the Economic Analysis--both as to the loss of affordable housing as well as
to increase costs associated with maintaining the quality of our regional water resources,
The single example of un analyzed and unidentified adverse economic impact which I
mention in these comments is multiplied many, many times in the other communities in
San Bernardino county and Riverside county which are also affected by the proposed
Critical Habitat designation, I have reviewed some ofthe comments of these other
agencies and communities and on behalf of my colleagues I share the concerns of these
other communities,
It is important that the San Bernardino Kangaroo Rat be protected, It is also important
that local economic and health and safety interests of our community not be
unnecessarily and adversely impacted by an over broad and careless designation of
Critical Habitat. Each area which has been presented to the Service to be considered for
elimination from the proposed designated Critical Habitat must be thoroughly analyzed at
this point in time, It is logical, it is what Congress and the Courts have mandated, and it
must be done,
SB200 I: 29352,2
Field Supervisor
October 4, 2001
Page 5
Thank you for considering all of the materials provided herein, herewith and previously,
.
Sinc rely,
CU~-l~
1 dith Valles
ayor, City of San Bernardino
and
Chair of the Community Development
Commission of the City of San Bernardino
Enclosures
cc: Common Council Members
City Clerk
City Attorney
City Administrator
Executive Director, Economic Development Agency
General Manager, San Bernardino Municipal Water Department
Director, Development Services
SB2001,29352.2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution of the City of San
Bernardino in opposition to the proposed
critical habitat designation for the San
Bernardino Kangaroo Rat.
Dept: Development Services
Date: September 27,2001
MCC Date: October I, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the resolution be adopted,
~[~
Contact person:
Valerie C, Ross
Phone:
384,5057
Supporting data attached: Staff Report & Resolution Ward:
Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct, No,)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No, _15
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution of the City of San Bernardino in opposition to the proposed critical
habitat designation for the San Bernardino kangaroo rat.
Mayor and Common Council Meeting of October I, 2001
BACKGROUND
In December 2000, the V,S, Fish & Wildlife Service (FWS) proposed to designate areas for
critical habitat for the San Bernardino kangaroo rat. In late September 200 I, the Inland Valley
Development Agency faxed the City copies of a letter from the Fish & Wildlife Service and a
related news release (Exhibit I), Staff then obtained a copy of the proposed habitat map and the
August 2001 Draft Economic Analysis a/Critical Habitat Designation/or the San Bernardino
Kangaroo Rat report,
FWS is proposing to designate 55,410 acres as critical habitat designation in San Bernardino and
Riverside counties, The habitat areas are located in and adjacent to major rivers or streambeds, In
the City of San Bernardino, about 7,000 acres are proposed for habitat designation.
Approximately 2,000 acres are located in the vicinity of the Santa Ana River and approximately
5,000 acres are located in the vicinity of Lytle and Cajon Creeks,
The City's letter of opposition will request that certain areas be excluded from critical habitat
designation based on three key factors:
. Existing Development. Due to the dated information and coarseness of the mapping program
used by FWS, developed areas were included as critical habitat. For example, portions of
existing housing tracts, industrial buildings and abutting parking lots, commercial retail and
office development, and areas recently or currently being graded for approved development
projects are included as critical habitat. City staff has identified these areas that should be
excluded from habitat designation,
. Biologic Issues, The City retained Karen Kirtland, a biologist and president of Natural
Resources Assessment, Inc" to assist with review of the proposed habitat areas, Ms. Kirtland
has identified areas that should be excluded from critical habitat designation because the
areas do not meet the criteria established by FWS.
. Economic Impacts. The City retained John Husing, Ph.D, and president of Economics and
Politics, Inc., to assist with review of the potential economic impacts. Mr, Husing has
concluded that the economic analysis is incomplete and grossly underestimates the costs to
the public and private sectors, and should be redone prior to formal adoption of the critical
habitat designation.
The critical habitat designation will affect public and private property owners, and the City itself,
2
The City's Municipal Water Department has wells, pipelines, and water distribution facilities
throughout its service area, Some of these facilities are within areas proposed for designation.
Likewise, the City is responsible for sewer lines and roadways located throughout the City, If
either department is required to complete biological studies and/or consult with FWS on a case-
by-case basis, normal maintenance activities will be delayed, possibly at critical times, creating
health and safety concerns,
A large portion of the runway area at the San Bernardino International Airport is within the
proposed critical habitat area, This would create a major impediment to the efforts of the San
Bernardino International Airport Authority and Inland Valley Development Agency in their
efforts to develop/redevelop the former Norton Air Force Base,
The City's Economic Development Agency owns parcels at various locations in the City. Most
ofthese parcels are either substantially developed or are in areas which do not meet the FWS
criteria for critical habitat. Inclusion ofthose parcels within the critical habitat designation will
delay and possibly preclude the Agency's ability to sell the properties, The majority ofthe areas
included within the proposed habitat designation is privately owned parcels ofland, The
unnecessary inclusion of developed land and areas that do not meet the FWS criteria for critical
habitat should be excluded from the designation of critical habitat. Inclusion of such unwarranted
areas only maximizes costs and hardship on the public at no benefit to the rodent populations.
The San Bernardino Valley Municipal Water District will be submitting leners of concern and
opposition on behalf of the local water agencies, including the City's Municipal Water
Department. The San Bernardino International Airport Authority and Inland Valley
Development Agency will each submit similar letters. Since properties owned or operated by
these agencies are within the City of San Bernardino, staff believes it is important to address
their concerns also.
FINANCIAL IMPACT
Although the City cannot quantify the costs of the critical habitat designation given the short
period to respond to the proposed designation, there will be serious negative impacts to the City,
the City's Municipal Water Department, the Economic Development Agency, project owners,
and project applicants, Those costs include:
. Biological Studies, Discretionary projects will require the preparation of studies to identify
the presence of the kangaroo rat and its habitat. Studies typically include literature reviews,
site surveys, trappings, and report preparation, A study for a small project can easily cost
more than $5,000,
. Time Delays, Projects will be delayed while the studies are being prepared and the
consultation process concluded, Local biologists are in high demand, resulting in delays in
the actual study preparation. The City cannot take action on projects until the environmental
process has been completed,
. Uncertainty, The additional costs and delays create a level of uncertainty that applicants
cannot factor into the development process,
3
. Mitigation Costs, FWS currently has a 3: I replacement ratio. In other words, for each acre of
critical habitat that is disturbed and lost due to development activities, FWS requires three
acres of replacement habitat. Many projects may be infeasible as a result.
. Lost Opportunities, Potential applicants may not even consider development in areas
designated as critical habitat within the City because of these various factors,
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution in opposition to the
extent of proposed critical habitat designation and economic impacts for the San Bernardino
kangaroo rat, and authorize the Mayor to submit a letter to the U,S. Fish and Wildlife Service
outlining the City's concerns,
Exhibits:
I U,S, Fish & Wildlife Service September 4,2001 Letter and News Release
2 Resolution
4
'...&J , "'_~ ."o_-c-""r-'l , _.., _ .J,...!...-/
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c.,. 7_a.....-,.~~~:....lI\.,< .....,J '-:(...~./.C.."'r--I
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United States Department of the Interior
FISH AND Wll..OLIFE SERVICE
Ecological Services
Car!sbad Fish and Wildlife Office
2730 Loker Avenut West . r2L!.\1!lErr\\O
Carlsbad, CA 92008 ~
SEP 0 4 Z001
Dear Landowner or Interested Party:
EXHIBIT 1
Subject:
Draft Economic Analysis of the Proposal to Designate Critical Habitat for the
Endangered San Bernardino Kangaroo Rat Now Available for Review and Comment.
The U,S, Fish and Wildl\fe Service (Service) released a draft economic analysis of its proposal to
designate approximately 55,408 acres of land in Riverside and San Bemardino counties as
critical habitat for the federally endangered San Bernardino kangaroo rat (Dipodomys merriami
parvus). We pubiished a Notice of Availability of the draft economic analysis in the Federal
Register on September 4,2001.
The draft analysis identifies and estimates the potential economic impacts that could result from
the designation of critical habitat for the kangaroo rat. Economic impacts resulting from the
designation of critical habitat for the kangaroo rat could range from $4.4 million to $28.2 million
over the next 10 years. Costs associated with the critical habitat designation are in addition to
costs expected to be incurred as a result of the listing of the species, under the Endangered
Species Act (Act), as amended. The draft analysis estimates economic impacts associated with
the listing of the species could range from $10.3 million to $46.3 million over the next 10 years.
The release of the draft economic analysis coincides Wlth the reopening of a public comment
period, We are currently accepting comments and information from the public on the draft
analysis and our proposal to designate critical habitat; comments and materials will be accepted
through 5:00p.m, on October 4. 2001.
We have also scheduled public hearings during the open comment period to give the public an
opportunity to provide oral testimony. The hearings will be held as follows:
September 20, 2001 from 1:00 p.m. to 3:00 p.m, and 6:00 p.m. to 8:00 p.m.
Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California,
Testimony will be accepted beginning at 1:00 p.m, and 6:00 p.m, Oral comments may be limited
in length if a large number of people register to give oial testimony. There are no limits to the
length of Wfinen comments or materials presented at the hearing or mailed to the Service. Oral
comments are given the same weight and consideration as wr1nen comments.
September 4, 200 1
2
The San Bernardino kangaroo rat is a small, native mammal that inhabits flat or gently sloping
areas of loose rock, sandy soil, gravel. and sand deposited by streams as they flow into valleys or
onto plains. In the 1960s, more than 25 populations of this species were known from the San
Bernardino Valley in San Bernardino County, to the Menifee Valley in Riverside County,
Currently, si~ g'C0i6Phical!'Y:iSblated populations of the species remain,
, ......._..r .
. ... .'
~__ __.--4 .....
The Service listed the San Bernardino kangaroo rat as endangered on January 27,1998, under the
emergency listing provision of the Act. Emergency listing was necessary because of the small
population of the species and the immediacy and severity of threats to its continued ex.istence,
The final nile listing the San Bernardino kangaroo rat as endangered, under the Act, was,
published in the Federal Register on September 24, 1998,
We published a proposal to designate critical habitat for the kangaroo rat on December 8, 2000.
Critical habitat identifies lands that are essential for the conservation of a threatened or
endangered species. If an action undertaken, authorized, funded, or permitted by a Federal
agency may affect a federally listed species or its designated critical habitat. consultation with the
Service is required. Activities on private lands that do not require Federal pernlitting,
authorization, or funding are not affected by a critical habitat designation.
Written comments on the proposcd designation of critical habitat and the draft cconomic anal)'sis
should be submitted to Field Supervisor, Carlsbad Fish and Wildlife Office. 2730 Loker Avenue
Wcst, Carlsbad, Califonlia 92008 or by electronic mail to fwlcCwo_sbkr@fws.gov,
If you are submitting comments via electronic mail, please submit them in ACSIl file format and
avoid thc usc of spccial characters or encryption. Include "Ann: R1N 10 18-AH07" and your
name and return address in the message. If you do not rccei ve a confirmation from the system
that we have received your c-mail message, please contact the Carlsbad Office directly at phone
number (760) 431-9440.
If you have any questions regarding this acuon or would like a copy of the draft economic
analysis mailed to you, please contact Mark Elvin of my staff at (760) 431-9440,
Sincerely,
~tJlU
1.1\. Jim A. Bartel
r . Ficld Supervisor
Enclosures
,
U.S. Fish & Wildlife Service
Department of the Interior
U,S. Fish & Wildlife Service
Carlsbad Fish and Wildlife Office
2730 Loker Avenue West
Carlsbad. California 92008
Phone: 760/431-9440
Fax: 760/431-9624
News
Release
(~-....~~,
~
(SC)
01-105
Contact: Andy Yuen, Karen Evans, or Jane Hendron - 760/431-9440
September 4, 200 I
FISH A~"D WILDLIFE SER\1CE RELEASES DRAFT ECOl'iOMIC A/liAL YSIS OF
IlVlPACTS ASSOCIATED WITH PROPOSED CRITICAL HABIT A T FOR THE
El'Ii"DA!IIGERED SAN BER'iARDINO KANGAROO R4. T .
Public Hearings Scheduled
The V,S. Fish and Wildlife Service has released a draft analysis of the economic impacts associated with
its proposal to designate critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami
parvus) on approximately 55.408 acres of land in Riverside and San Bernardino counties, California.
The draft analySIS estimates that the economic impacts of designating critical habitat for the kangaroo rat
could range from $4,4 million to $28.2 million over the next 10 years, Additional costs ranging from
$10.4 milIion to $46.3 miIlion over the neltt 10 years are attributed to the listing the kangaroo rat under
the Act.
Today's release of the draft economic analysis coincides with the reopening of a public comment period
during which the Service wiIl accept comments and information about the proposed designation of
critical habttat and the draft economic analysis, The Service has also scheduled public hearings to
provide the public with an opportunity to give oral testimony on the proposal and the draft economic
analysis. Hearings will take place, as follows:
Thursday, September 20, 2001, from 1:00 p.rn. to 3:00 p.m. and from 6:00 p.m. to 8:00 p_m.
Radisson Hotel San Bernardino, 295 North E Street, San Bernardino, California.
If critical habitat is designated for a species listed as threatened or endangered. under the Endangered
Species Act, an analysis of the economic impacts associated with the designation must be completed.
An economic analysis identifies costs attributed to the designation of land as critical habitat that are
above impacts resulting from the listing of a species under the Act. Impacts can include costs associated
with conducting consultations with the Service, conducting surveys, costs to the Service for providing
technical assistance to other Federal. state, and local agencies and private landowners. and possible
modifications to projects. .
The San Bernardino kangaroo rat is a smalI, native mammal that has a body length of approximately 4
inches. Its coat is a pale yelIow color with a heavy overwash of dusky brown and it has medium to dark
brown tail stripes. The kangaroo rat lives on flat or gently sloping areas of loose rock. gravel. and sand
1 of 2
that are deposited by wind or stream as it flows into a valley; kangaroo rats also inhabit flood plains and
washes, Upland areas that contain sage scrub are also important to the kangaroo rat because these areas
offer refuge during times of flooding,
Historically, the San Bernardino kangaroo rat ranged from the San Bernardino Valley in San Bernardino
County to the Menifee Valley in Riverside County. Much of the kangaroo rat's natural habitat has been
lost or severely fragmented as a result of urban, industrial, and agricultural development, and
construction of flood control channels which have altered the natural hydrological processes of streams
and creeks. In the i960s, the species was known from more than 25 locations; today, only six scattered
populations remain.
We listed the San Bernardino kangaroo as endangered, under the emergency listing provision of the Act,
on January 27,1998. Emergency protection for the species was necessary because oCthe small number
of kangaroo rats remaining, and toe immediacy and severity of threats to its continued existence. The
listing was finalized on September 24, 1998. At the time the species was listed, we did not designate
critical habitat.
In 1999, the Center for Biological Di versity and Christians Caring for Creation filed a lawsuit against the
Service, challenging our decision not to designate critical habitat. We entered into a settlement
agreement with the plaintiffs on November 3, 1999. Under terms of the agreement we reviewed our
earlier deciSIon nO{ to designate critical habit:lt for the San Bemardino kangaroo rat and determined that
critical habitat was, in fact, prudent. Our proposal to designate critical habitat was published in the
Federal Register on December 8, 2000.
A Notice of Availability of the Draft Economic Analysis was published in today's Federal Register.
Copies of the draft analysis are available through the internet at http://carlsbad.fws.gov. Written
comments on our proposal to designate critical habitat for the kangaroo rat and the draft economic
analysis should be submitted to Field Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue
West, Carlsbad, Califomia 92008. Conunents received by 5:00 p,m, on October 4,2001 will be
considered in any final determination,
You may also submit conunents by electronic mail to fwlcfwo_sbkr@Cws.gov, Please submit
electronic comments in ACSn file format and avoid the use of special characters or encryption. Please
include "AtlO: RlN 1018-AH07" and your name and return address in your e-mail message. If you do
not receive a confirmation from the system that the Service has received your message, please contact
the Carlsbad Office directly at phone number 760/431-9440.
The U,S, Fish and Wildlife Service is the priJlcipaJ Federalageney responsible for conserving, protecting and
enhancing fish. wildlife and plants and their habitats for the continuing benefit of the AmeClcan people. The
Service manages the 94-million-acre National Wildlife Refuge System which encompasses more than 535
natIonal wildlife refuges, thousands of small wclJands and other special management areas, It also operates 70
national fISh hatcheries, 64 fishery resource offices and 78 ecological servIces field stations, The agency
enforces Fedml wildlife laws, administers die Endangered Species ACI. manages migratory bird populations,
restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands. and helps
foreign governments wilb their conservation efforts, it a1so overseea the Federal Aid program that distributes
hundrcCs of millions of dollars in ellcise ta1CS on fIShing and hunlinc equipment to state fish and wildlife
agencies.
-FWS-
For mort: infoTm4rion about tht: V,S. Fish wul Wild/ift: St:rvice. ~isit OIU home page III WWM/.fws,go~
20f2
,y"
"..
.,..-..-....--.-
What is the San Bernardino k3ngaroo rat?
The San Bernardino kangaroo rat (Dlpodomys merriami
parvus) is a small, native mammal that is only found in
portions of Riverside and San Bernardino counties, Califomia
It is one of 19 recognized subspecies of Merriam's kangaroo
rat.
The San Bernardino kangaroo rat has a light yellow to dusky
brown coat with medium to dark brown tail stripes, foot pads,
and tail hairs, it is considerably darker and smaller than the
Pacific kangaroo rat and the Stephens' kangaroo rat, two
other subspeCies of Merriam's kangaroo rats that are found in
southern California, In addition, the San Bernardino kangaroo
rat has only four toes on each of its hind feet, unlike both the
Pacific and Stephens' kangaroo rats, which have five toes on
each hind fOOl
Like other kangaroo rats, the San Bernardino kangaroo rat
feeds mostly on seeds and often store large quantities of food
in caches inside their burrows for future use, The kangaroo
rat will also eat insects when they are readily available and can
live for long periods without water.
The breeding season of the San Bernardino kangaroo rat
extends from January through late November, with peak
reproduction occurring in late June, Usually one litter is
produced by a female each year, There are generally two or
three young per litter, Females arc known to increase their
consumption of green vegetation during lactation, presumably
to compensate for increased water loss associated with milk
production,
Where does the San Bernardino kangaroo rat live?
The San Bernardino kangaroo rat requires cenain kinds of
habitats to for feeding, sheltering, foraging. and breeding, It
can be found on flat or gently sloping areas of composed of
loose rock, gravel, and sand deposited by streams as they
flow into valleys or onto plains. Upland areas that contain sage
scrub are also important to thc kangaroo rat because
S1:\. T1.:5
US CA
E
San Bernardino
Kangaroo Rat
these areas offer refuge during times of flooding,
Why is the San Bernardino kangaroo rat
endangered?
Historically, San Bernardino kangaroo rats ranged
from the San Bernardino and San Jacinto valleys in
San Bernardino County to thc Menifee Valley in
Riverside County, In the 19605 at least 25 known
~
populations of the kangaroo rat were known.
Currently, only six widely separated populations of
the San Bernardino kangaroo fat exist
The primary causes of the species' decline are
habitat loss, degradation, and fragmentation. Much
of the kangaroo rat's habitat has been lost to urban,
agricultural, and industrial development.
Construction of dams, reservoirs and flood control
channels have also destroyed habitat for the
kangaroo rat. Areas that still contain suitable
habitat fOf the kangaroo rat havc become
fragmented; in some cases, a population of the
kangaroo rat in one location cannot intermix with
another populaboll of its own kind because roads,
highways, and other structures act as barriers and
prevent the species from frcely moving from one
area to another.
Loss and fragmentation of San Bernardino
kangaroo rat habitat is expected to continue as
southern California's human population expands, In
the 1950s, thc population of Riverside and San
Bernardino counties combined was about 400,000.
Currently, more than 2,5 million peoplc rcside in
this region; by the year 2000, the human population
of San Bernardino and Riverside counties is
cxpected 10 increase to nearly four million. Furthcr
habitat losses resulting from developmcnt or
alteration of the landscape will likely have a
significant impact on rcmaining populations of
kangaroo rats,
.
~
Frequently Asked Questions
about the Draft Economic Analysis on
the Proposal to Designate Critical
Habitat for the San Bernardino
Kangaroo Rat
Q. What is an ecanamic analysis and wlty is it reqllired?
Section 4(b)(2) of the Endangered Species Act, as amended (Act), requires the US Fish and Wildlife Service to
designate c.~itical habit~t, based on the best scientific information available, after taking into account the economic
impact, or any other relevant impact, of specifying a particular area as critical habitat. We can exclude all area from
critical habitat designation, if we determine that the benefits of exclusion outweigh the benefits of including it as
critical habitat unless we determine that the exclusion of an area from critical habitat would lead to the extinction
, .
of the species, .
The draft economic analysis on the proposed critical habitat designation for the San Bernardino kangaroo rat was
prepared by Industrial Economics, Inc, (IEc), for the Service's Division of Economics,
Q. What areas have been prapased as critical habitat far rhe San Bernardino. kangaroo. rar?
We published a proposal to designate approximately 55,408 acres ofland in Riverside and San Bernardino counties
as critical habitat for the federally endangered San Bernardino kangaroo rat in the Federal Regisrer on December
8,2000 The proposed critical habitat acreage is divided into six separate Units which includes Federal, Tribal, State,
local and private lands,
The six critical habitat Units are as follows:
Unit 1: Santa Ana River: This Unit encompasses approximately 12,074 acres iitSan Bernardino County, Portions
of Santa Ana River and seetions of City, Plunge, Mill, and San Timotco Creeks are included in Unit 1, Ponions of
land proposed as critical habitat in Unit 1 are managed by the U,S, Forest Service, Department of Defense, Bureau
of Land Management; the cities of San Bernudino, Redlands, Highland, Colton, Mentone, Loma Linda, and Yucaipa,
and private landowners,
Unir 1: Lytle and Cajan Cruks: Gnit 2 covers about 20,621 acres in San Bernardino County and represents the
nonhern most range of the San Bernardino kangaroo rat. This Unit includes habitat along and between the Lytle
and Cajon Creeks from the point where they emanate from canyons in the San Bernardino National Forest to flood
control channels downstream, Some of the land in this Unit lies within the cities of Fontana, Rialto, and San
Bernardino,
Unit 3: San Jacinra River-Bautista Creek: There are approximately 10,104 acres within in this Unit w~ich lies
within Riverside County. Some of the lands are managed by the U,S, Forest Service, Bureau of Land Management,
or are under state, local, or private ownership, In addition, about 1,149 acres ofland within the Soboba Reservation
is included in this Unit,
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Unit 4: EtiwandaAllu"ial Fan and Wash: Unit 4 covers about 9,502 acres of habitat in western San Bernardino
County including portions of the active hydrological channels of Deer, Day, Etiwanda, and San Sevaine Creeks.
Portions of the cities of Rancho Cucamonga, Fontana. Ontario, and Rialto are included in this Unit; there are also
smalI portions ofUSFS and BLM lands in Unit 4.
Unit 5: Rech~ Canyon: This small critical habitat l.:nit encompasses about 319 acres in an around Reche Canyon
in San Bernardino County, Some portions of the cities of Colton, Loma Linda, and San Bernardino are included in
Unit 5.
Unit 6: Jurupa Hills-South Bloomington: Unit 6 covers approximately 2,788 acres ofland and includes the J urupa
Hills eastward to a southern portion of the City of Bloomington. A small pan of Unit 6lies within Riverside County,
the remainder is in San Bernardino County, The Unit included portions of the cities ofFomana, Glen Avon, and
Sunnyslope,
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Q, What methodology was us~d to dl!\J~lop the draft ~conomic analysis?
To determine the economic impact resulting from the designation of critical habitatfor the San Bernardino kangaroo
rat, IEc first reviewed the critical habitat Units and developed a comprehensive list of all possible Federal nexuses
for lands included in each of the Units. A Federal nexus exists when an action is undertaken, authorized, permitted,
or funded by a Federal agency, regardless of ownership of the land. Under section 7 of the Act, if a Federal agency
determines an action may affect a federally listed species or its designated critical habitat, it must consult with the
Service.
After developing a list of all possible Federal nexuses, the draft analysis identifies whether a specific project or
activity would result in a section 7 consultation, and whether the consultation would likely result in any modifications
to a project, The draft economic analysis provides an estimate of the possible costs associated with consultations
and/or modifications to projects within the proposed critical habitat areas.
Q. What ar~ th~ conclusions of the draft ~conomic analysis?
The draft economic analysis estimates costs associated with the designation of critical habitat for the San Bernardino
kangaroo rat could range from $4.4 million to S28,2 million over the next TO years. These figures were based on
a determination that approximately 170 to 280 consultations could be required over the next 10 years, The
consultations could be formal or informal.
To calculate an average cost of a consultation, the draft economic analysis considered the components of a
consultation including costs to conduct surveys, administrative costs to the Service for conducting a consultation.
possible costs associated with delays to projects, and costs that could be incurred as a result of conservation
measures c~ modifications necessary to complete projects.
Q. How will the Soboba Tribe be affected by the designation of critical habitat?
The designation of critical habitat on lands within the Soboba Reservation is not likely to have a significant impact
beyond those stemming from the listing of the San Bernardino kangaroo rat. under the Act. Lands within the Soboba
Reservation along the San Jacinto Wash and tributaries that are proposed as critical habitat are likely occupied by
the San Bernardino kangaroo rat. Therefore, if an action is planned that may affect the species (with or without
critical habitat), consultation with the Service will be required
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As a Federal agency, we have a unique relationship with Tribal governments, especially when undertaking actions
that may affect Tribal rights or Trust resources. As independent governments, Tribes exercise inherent sovereign
powers over their members and territories, We understand that federally recognized Tribes must be related to on
a government-to-government basis. The Service will continue working with the Soboba Tribe on this and Other
environmental issues
Q. U'hal impact will designation of critical habitat for the kangaroo rat have on the reuse plans for
Norton Air Force Base?
The designation of critical habitat for the San Bernardino kangaroo rat will not stop the plans .to convert the former
Norton Air Force Base to new uses, We have already informally consulted with the Federal Aviation Administration
(F AA). regarding two grants - one S7 million grant to constnlct a JP A training facility and one grant between $5 and
$20 million to rehabilitate the main runway, In our consultations on these two grants, we determined that
construction of a JP A facility and rehabilitation of the main runway will not adversely affect the proposed critical
habitat.
The San Bernardino International Airport Authority (SBIAA) has also applied for a $1,3 million grant to Construct
a hangar, This grant has been awarded and consultation with the Service was not necessary because the project
occurs outside the proposed critical habitat and had no adverse affects to it.
O. Does the draft economic analysis identify costs associated with the listing of the San Bernardino
kangaroo rat, under the Act?
Yes Listing of a species. under the Act. is based solely upon the best scientific and commercial information about
the status of a species and threats to its continued existence. Economic impacts associated with the listing of a
species are not addressed in the listing process In previous designations of critical habitat. we have only identified
economic; impacts that are above the impacts resulting from the listing of a particular species, under the Act.
A ruling by the Tenth Circuit COUrt on May 11,2001, addressed the analytical approach used by the Service to
estimate economic impacts associated with the designation of critical habitat for the federally endangered
southwestern willow flycatcher, In the economic analysis that accompanied t.he designation of critical habitat for the
flycatcher, we defined the baseline conditions to include impacts associated With the listing of the flycatcher, but
presented only the incremental effects that would result from the designation of critical habitat. The Tenth Circuit
Court disagreed with this approach and concluded that Congress intended that the Service conduct a full analysis
of all of the economic impacts of critical habitat designation. regardless of whether the impacts are attributable co-
extensively to other causes.
In an effort to address the Court' s concerns, the draft economic analysis for the San Bernardino kangaroo rat clearly
identifies costs related to the listing of the kangaroo rat for the next 10 years. These costs are estimated to be
between S I 0,3 million and $46,3 million, and are additional to costs associated with the designation ofcritical habitat
Q- Will I have an opportunity to comment on this draft analysis?
Yes, We want to make sure [hat any final action resulting from this proposal will be as accurate and as effective as
possible. We are actively seeking your comments and suggestions, In particular, we are seeking comments
regarding:
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____ I~. ,,.....
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(I)
(2)
(3)
(4)
(5)
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The reasons why any habitat should or should not be determined to be critical habitat as provided b'
section 4 of the Act. including whethcr thc benefits of dcsignation will outweigh any threats to th;
species due to designation;
Specific mformation on the amount and distribution of San Bernardino kangaroo rat habitat. and wha
. habitat is essential to the conscrvation of the species and why;
Land use practices and current or planned activities in the subject arC3S and their possible impacts 01
proposcd critical habitat;
Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat
in particular, any impacts on small entities or familics; and
Economic and other values associated with designating critical habitat for the San Bernardinc
kangaroo rat, such as those derived from non-consumptive uscs (e, g. hiking. camping, enhancec
watershed protection, increased soil retcntion, "existence values," and reductions in administrativ{
costs)
Written comments and information on the proposed designation of critical habitat for th"c San Bernardino kan2aroo
rat will be accepted through 5 .00pm on October 4,2001, and should be sent to Field Supervisor, Carisbad Fish and
Wildlife Office 2730 Loker Avenue West, Carlsbad, California 92008.
.
Comments mav also be sent by electronic mail to fwl cfwo ,bkr@fws.gov Please submit comments in ASCII file
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format and avoid the use of special characters and encryption, Please include" Ann: RIN - I 018-AHO?" your name,
and return addrcss in the e-mail message, If you do not receive a confirmation from the system that your e-mail
message was received, contact the Service directly by calling the Carlsbad Fish and Wildlife Office at 760/43 1-9440
All comments received, ellher written or oral, are given equal weight and will be considered during the decision-
making process, Comments and materials received will be available for public inspection, by appointment, during
normal business hours, at the Carlsbad Fish and Wildlife Office
Prepared by:
Updated
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Carlsbad Fish and Wildlife Office
August 29,2001
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RESOLUTION NO.
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 infonnation
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 specially 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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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 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
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
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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 I, 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
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
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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 of 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
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
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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,
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
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for the San Bernardino Kangaroo Rat.
Section 5. The Mayor and Common Council further find and detertnine that the
following additional areas, in addition to the fortner 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 pertnit for a parcel of land, the issuance of building pertnits, the
approval of a Development Agreement under Article 2.5 of the State Government Code,
and the approval of any settlement agreement for a prior lawsuit which 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 ofthe Redevelopment Agency of the City of San Bernardino.
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f, All properties owned by the City of San Bernardino Municipal Water
Department in the named 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 City Staff 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. City Staff 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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RESOLUTION , . . OF THE CITY OF SAN BERNARDINO IN
OPPOSITION TO THE PROPOSED CRITICAL HABITAT DESIGNATION FOR
THE SAN BERNARDINO KANGAROO RAT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
, 2001, by the following
day of
vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
City Clerk
The foregoing resolution IS hereby approved this
,2001.
day of
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F, PENMAN
City Attorney
By:
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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 information
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 II, 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 I,
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 I, 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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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 sanle 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 ofthe
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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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 S. 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 oflegal parcels ofland 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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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
Page 7
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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.
3
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a j oint regular
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meeting thereof, held on the 1st day of October
, 2001, by the following
vote, to wit:
Council Members
AYES
ABSTAIN
ABSENT
NAYS
ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
McCAMMACK
x
--., .'
()/~.(C.C b <'&ti:
Cit- Clerk
The foregoing resolution IS hereby approvtti' this '...,,<.'( day of
October ,2001.
// ,,"/,<.>'.' ",-,.
/.JUI')ITH V ALLES, Mayor
, City of San Bernardino
Approved as to form
and legal content:
JAMES F, PENMAN
City Attorney
By:
Page 8
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
)
)
)
I, RACHEL Q, CLARK, City Clerk in and for the City of San Bernardino,
DO HEREBY CERTIFY that the foregoing and attached copy of San
Bernardino City Resolution No. 2001-316 is a full, true and correct copy of that
now on file in this office,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Bernardino this 4th day of October, 200 I,
Po"l, (.. /1 ([lfl' r
Rachel Q, Clark, City Clerk
/;
~') ,~t J'! <') /
. / ( ,~, { , l (, ,-+4~'/C f'(----
BY: Michelle Taylor, Senior Secretary
TO:
FROM:
SUBJECT:
DATE:
COPIES:
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
Mayor and Common Council
Valerie C. Ro~ty Planner
Agenda Item No, 15 - San Bernardino Kangaroo Rat
October 1, 2001
Rachel Clark, City Clerk; James Penman, City Attorney; Fred Wilson,
City Administrator; James Funk, Director
Attached are additional items related to Agenda Item No, 15,
Exhibits:
3
4
History of Listing Briefing Paper, prepared by Stacy Aldstadt
San Bernardino Kangaroo Rat Economic Impact Study, prepared
by John Husing, Ph,D,
Natural Research Assessment, Inc, study, prepared by Karen
Kirtland
5
EXHIBIT 3
BRIEFING PAPER
IMP ACTS OF CRITICAL HABITAT LISTING
OF THE SAN BERNARDINO KANGAROO RAT
ON THE CITY OF SAN BERNARDINO
Af1aJDA 1-r6M /5
Historv of Listinl!
The San Bernardino Kangaroo Rat was emergency listed as endangered on January 27,
1998, On September 24,1998, the Department of the Interior (Fish and Wildlife Service)
published the final rule determining the San Bernardino Kangaroo Rat to be an
endangered species (63 FR 51005), Section 4(a)(3) of the Endangered Species Act
(ESA) requires that, to the maximum extent prudent and determinable, the Secretary of
the Interior designate critical habitat at the time a species is designated to be endangered
or threatened,
Critical habitat designation for the San Bernardino kangaroo rat was determined not to be
prudent at the time oflisting because an increase in the degree of threat to the species
could result. (In other words, if the habitat was identified, those parties identified as
threatening destruction of the species, i,e" developers in the area who had bulldozed
known habitat and threatened to do more of the same, could locate habitat areas to
destroy,) AdditionaIly, the Fish and Wildlife Service determined that the designation of
critical habitat for the San Bernardino kangaroo rat was not prudent due to the lack of
benefit to the species.
On March 4, 1999, the Southwest Center for Biological Diversity and Christians Caring
for Creation filed a lawsuit in California against the Service and the Department of the
Interior for failure to designate critical habitat for the San Bernardino Kangaroo Rat and
other federaIly listed species, A settlement agreement was reached on November 3,
1999, in which the Service agreed to, in essence, designate critical habitat. On December
8,2000, the Service published the proposed critical habitat designation (65 FR 77178).
The critical habitat listing is broken into units covering, generaIly, the Lytle Creek and
Cajon washes, the Santa Ana River and the San Jacinto River, The listing designates a
total of 55,408 acres, The units most important to San Bernardino are Units I (Santa Ana
River Unit) and 2 (Lytle and Cajon Creeks),
Unit 1 contains both developed and undeveloped land immediately east ofthe 215 North
freeway, and north of the 1-10 freeway, GeneraIly, the land designated is the Santa Ana
River bottom and a significant area bordering the river. It includes the former Norton Air
Force Base, including its runways, and significant areas of eastern Redlands and the
foothills,
Unit 2 contains both developed and undeveloped land starting at Foothill Boulevard,
north to the headwaters of Lytle and Cajon Creeks, Unit 2 contains land that is adjacent
to the industrial corridor along the 215 North freeway, Unit 2 also covers Devils Canyon
and the Verdemont area,
White Paper
Re: SB Kangaroo Rat
10/01101
Rel!ulatorv Effect of Listinl!
The primary regulatory effect of a Section 7 critical habitat designation is the ESA
Section 7 requirement that Federal agencies refrain from taking any action that destroys
or adversely modifies critical habitat. Therefore, the biggest impact to the City of San
Bernardino concerns any actions that involve a Federal nexus (i,e" the issuance of
Federal permits, like a streambed alteration permit from the Army Corps of Engineers, or
a National Pollutant Discharge Elimination System permit),
If Federal funds are used in a project, that is sufficient to create a Federal nexus,
Additionally, through the California Environmental Quality Act (CEQA), a Federal
agency may require mitigation measures through the comment process on an
environmental impact report, A private landowner, developing a parcel ofland, who
does not require a Federal permit, Federal funds or an environmental document, should
not be affected by the critical habitat designation, .
It is important to remember, however, if there is an actual take of the species (i,e" you
kill one or harm one of the rats), any individual, organization or entity may be liable for
criminal penalties assessed under the authority of the ESA.
Fish and Wildlife Service
Acknowledl!es Problems with Critical Habitat Listinl!
At 65 FR 77184, the Service acknowledges the inherent errors in their critical habitat
designation, by stating:
"In defining critical habitat boundaries, we made an effort to avoid development,
such as urbanized areas (e,g" cities) and similar lands that are not critical habitat.
However, the minimum mapping unit that we used to approximate our delineation
of critical habitat for the San Bernardino kangaroo rat did not allow us to exclude
all developed areas not likely to contain the primary constituent elements essential
for conservation of the San Bernardino kangaroo rat. Existing features and
structures within the boundaries of the mapped units, such as buildings,
roads, railroads, airports, other paved areas, lawns, and other urban
landscaped areas will not contain one or more of the primary constituent
elements. Therefore, Federal actions limited to those areas would not trigger a
section 7 consultation unless they affect the species and/or primary constituent
elements in adjacent critical habitat."
2
White Paper
Re: SB Kangaroo Rat
10/01101
We can conclude, therefore, that the Service is open to de-listing these areas, The
challenge, however, is to identify the areas,
Areas Excluded bv the Service's Admission
All of the areas included in the critical habitat designation that are currently developed,
urbanized, paved should be excluded, The City of San Bernardino has prepared maps
showing these areas and they are available for review. The areas in Unit 2 that should be
excluded, based on the Service's own admission, are existing residential, commercial and
industrial developments south of Lytle Creek, existing water facilities, such as spreading
basins, wells, pipelines, reservoirs and other related appurtenances, The areas in Unit I
that should be excluded include the former Norton Air Force Base property, and
urbanized areas adjacent to the Santa Ana River. This is a generalization ofthe types of
land that should be automatically excluded,
There should be an official de-listing of these areas, rather than the assurance of the
Service that no Section 7 consultation is necessary, OtheIWise, the consultation remains
a discretionary decision and that decision would, itself, be costly and time consuming.
Areas Listed Failinl! to Meet the Service's Criteria for Listinl!
The Service has designated the areas of critical habitat based on criteria outlined in their
listing notice at 65 FR 77178, The City of San Bernardino retained an environmental
specialist (a biologist) who reviewed the criteria and then looked at the areas designated,
In this biologist's opinion, in Unit 2, the Devil's Canyon and Verdemont (west of the 215
North) areas should be removed from the listing, Trapping in that area has failed to
locate the San Bernardino Kangaroo Rat and much of that area has been highly disturbed,
rendering it not critical to survival of the species,
Economic Impacts
Section 4(b )(2) of the ESA requires the Service to designate critical habitat on the basis
ofthe best scientific and commercial information available, and to consider the economic
and other relevant impacts of designating a particular area as critical habitat, The Service
may exclude areas from critical habitat upon a determination that the benefits of
such exclusions outweigh the benefits of specifying the areas as critical habitat.
In August 2001, the Service issued its Draft Economic Analysis of Critical Habitat
Designation for the San Bernardino Kangaroo Rat (Draft Economic Analysis or DEA),
The DEA is legally faulty and methodologically faulty,
3
White Paper
Re: SB Kangaroo Rat
10/01/01
At least one circuit of the United States Courts of Appeal (loth Circuit) has issued a
ruling that the Service must consider all economic impacts of the original listing, along
with the impacts of the critical habitat listing, rather than taking an incremental approach,
New Mexico Cattle Growers Association. et al. v, U,S, Fish and Wildlife Service (May
11,2001) No, 00-2050, U,S, Court of Appeals, The DEA gives lip service to this
approach, but does not actually do the "all economic impacts" approach
methodologically,
Additionally, the DEA fails to consider two unique features of California, and Southern
California in particular: the cost of water and the cost of development.
A. The Cost of Water
The analysis does not recognize the impacts of designating much of this basin's best,
highest quality watershed as critical habitat. One of the most effective uses of the high-
quality water is to spread it as it is available and where it is available, to provide for
groundwater replenishment. In the Lytle and Cajon Creek areas, there are any number of
spreading facilities that operate in this fashion,
The maintenance of spreading facilities in those two creeks requires streambed alteration
permits, Federal permits, The process for obtaining those permits will become so
onerous as to render the spreading operations, in effect, non-operational. Experience
with the Service in these areas on other endangered species sufficiently supports this
proposition,
In effect, by limiting natural water supplies, the area water producers are forced to locate
alternative supplies, The only alternative is State Project Water, currently available for at
least 479 per acre foot. .
A conservative estimate of the impacts to area from a water supply standpoint in one area
alone (the Seven Oaks Dam) is in excess of$130 million dollars, a far cry from the total
water supply impact estimate in the DEA of$63 million,
B, The Cost of Development
Again, the DEA assumes that there are alternatives to lost land. There aren't. According
to John Husing, the development community has acquired every acre of "buildable" land
in the inland area and plans to use them, Californians currently face a severe housing
shortage, which is only projected to get worse, Again, a quick and conservative estimate
of the economic impacts caused by withdrawal ofland designated as critical habitat is
something on the order of at least $4 billion.
4
White Paper
Re: SB Kangaroo Rat
10/01/01
Conclusion
We are asking for support in having all developed, urbanized areas de-listed, as
acknowledged should be done by the Service,
We are asking for support in having the Devil's Canyon and Verdemont area de-listed on
the basis that the biology doesn't support the listing,
We are asking for support in de-listing developable parcels that are currently
undeveloped on the basis that the benefits of exclusion outweigh the benefits of
specifying these parcels as critical habitat.
Even taking into account these requests, there will still be a significant area that is
available for designation, providing critical habitat for the San Bernardino Kangaroo Rat.
5
Economics & Politics, Inc.
3142 Cactus Circle
Higbland, CA 92346-1739
(909)425-89S2 Pbone
(909)425-1)601 Fax
iohnla),iohnhusine:.com
www.iohnhusin2.com
EXHIBIT 4
To: Concerned Agencies
From: John Husing, Ph.D,
Subject: San Bernardino Kangaroo Rat Economic Impact Study
Date: September 27,2001
As per your request, I have reviewed the "Draft Economic Analysis of Critical Habitat Designa-
tion for the San Bernardino Kangaroo Rat" [Draft Economic Analysis] prepared by Industrial
Economics, Inc, of Cambridge Massachusetts, This document was meant to fulfill the Congres-
sional mandate that a full analysis be conducted of the economic impact of listing an endangered
species and designating critical habitat for it.
Purpose. The purpose of this analysis is to create hard facts upon which decisions can made in
situations where the economic impact of including a geographic area within a critical habitat is
so high that either the property should be omitted or a legitimate alternative pursued, provided
such alternatives do not endanger the survival of the species,
Standard. If the economic analysis is to play this crucial role, it is vitally important that it be
conducted in a manner which uses:
. The best available data
. A professionally acceptable analytic framework
If a report does not meet these standards, it cannot be accepted as fulfilling the Congressional
requirement of a legitimate analysis of the economic impact of listing the species and establish-
ing critical habitat for it.
Conclusion. A careful reading of the Draft Economic Analysis by anyone who understands the
economies of San Bernardino and Riverside counties leads to two comments:
1. It appears as if the analysts prepare numerous studies for the Department of Eco-
nomics of the D.S, Fish & Wildlife Service and do not seem to have the time or the
budget to properly study any single area,
2, It appears that the analysts are not well schooled in regional economics and thus do
not fully understand the methodology used in economic impact analysis,
In any case, this piece ofresearch is so flawed that there is no way that it can be viewed as a se-
rious attempt to understand or measure the potential impact ofthe listing and habitat in question,
Given the importance of this research for the people, companies and agencies within the region,
this is unfortunate as there is plenty of data and a methodology to do precisely what the law and
the courts require,
Economics & Politics, Inc.
1015
AfJa/T)A /1~fI/I 15
Alternatives. As a Ph,D, in regional economics from Claremont Graduate University, who has
spent 37 years studying the economies of San Bernardino and Riverside counties, it is myopin-
ion that one oftwo actions should be taken in light of the importance of the economic analysis to
the listing and critical habitat process:
1. U.S, Fish & Wildlife Service should set aside the Draft Economic Analysis and fund
a legitimate study of the impact of the listing and critical habitat for the San
Bernardino Kangaroo rat using the enormous amount of data available on the area in
question, or
2, The jurisdictions of the affected region should file suit to ask the court to have such
an analysis conducted,
The Flaws
Permit me to explain how these conclusions were reached and the problems with the Draft Eco-
nomic Analysis,
Zero Sum Game: A Billion Dollar Methodolol!ical Error. The San Bernardino Kangaroo Rat
critical habitat designation is in the midst of one of the fastest changing areas in the United
States, This is the case because it lies inland and adjacent to Los Angeles, Orange and San Di-
ego counties of California, Each of those places is running short of land to handle homes and
businesses, As a result, people and companies are being forced to migrate inland to San
Bernardino and Riverside counties (Inland Empire), In the next 20 years, the conservative esti-
mate of the inland region's population growth is 1.8 million people, more than all but three U,S,
states (California, Texas and Florida), Simultaneously, the expansion of local companies and
the migration of new ones to the area is expected to add 830,000 jobs to the Inland Empire's
economy,
There is no doubt that this population and economic explosion will put pressure on the species
located within the Inland Empire as a lot of vacant land will be urbanized, That is reason why
this habitat issue has arisen,
However, the lack of understanding of the pressures of this economic environment is the reason
for the most glaring flaw in the Draft Economic Analysis, Repeatedly, the analysts measure the
economic impact of withdrawing a piece of land from residential, commercial, industrial or in-
frastructure development as the difference between the cost of the project where it sits and the
cost of the project at an alternative site. For instance, the following phrase is used:
"if a single reasonable and prudent alternative requires that a large 50-acre project be
moved from low value land within the critical habitat designation to high value land out-
side of the critical habitat designation, this could result in economic impacts on an order
of .. .... [emphasis added]
However, this implicitly assumes that there are other sites, Yet, in an area like the Inland Empire
that is undergoing extremely high economic development pressures, there are no alternative sites,
For years, the residential, commercial and industrial real estate community has been acquiring
property in the region for development with an estimated build-out of about 20 years based upon
experiences elsewhere in Southern California, If a portion of land becomes part of the habitat, a
project slated for it cannot be transferred to another place, Rather, it will simply not be built,
For the region in question, the use ofland is a zero sum game,
2015
Economics & Politics, Inc.
Certainly, there is other land available somewhere, However, the closest areas not slated for
rapid development are on the other side of Cajon Pass in the Mojave Desert and on the other side
Banning Pass in the Palm Springs area, These cannot be deemed legitimate alternatives,
The impact of this flaw in the Draft Economic Report can be seen when numbers are applied to
it. Assume that 1,200 of the 55,000 acres of designated critical habitat were to be used for low
density residential development. In the Inland Empire, any planner will explain that the areas
being used for residential development are handling at least 4 homes to the acre, That would
mean that the inland area would end up with 4,800 fewer homes, The median price of housing in
the region was $208,963 for the four quarters ended in June 2001. Assuming no price increase,
the lost homes would have a value of $1.003 billion. That is the economic impact.
That is a far from the Draft Economic Report's maximum economic impact of $63.3 million,
Assertions Instead of Facts. This does raise the factual question of whether 1,000 acres or
some other number is appropriate for the lost residential property, Unfortunately, from the
analysis done to date, no one knows exactly how much land will be lost from residential, com-
mercial industrial or infrastructure development. The Draft Economic Report approaches this
issue by a circuitous route looking at averages for California land uses based on an abstract
model and "asserts" that the number is low, The local planning community"believes" the num-
ber is very high,
However, "assertions" and "beliefs" are not facts and they cannot be the basis for sound analysis,
A map exists, The map has boundaries, The land within those boundaries has either uses or
zoning, It would have been relatively easy for the authors of the Draft Economic Report to find
out exactly how many acres with what kind of uses were affected by the listing and critical
habitat designation and base the analysis on those facts, That was not done, It needs to be done,
Without, it there has been no economic analysis,
Water: Gettinl! The Facts Wronl! Is A Multimillion Dollar Mistake. Where facts are alleged
in the Draft Economic Report, they are often wrong and with profound consequences, For in-
stance, the report indicates that water production lost due to the habitat designation will require
local water agencies to:
"obtain water from alternative sources in order to meet their customers needs. Based
upon the estimates water supply cost presented by several affected water districts. ob-
taining water from alternative sources could cost as much as $1 million," [emphasis
added]
This statement shows an appalling ignorance of water availability and water pricing in Califor-
nia, First, there are no "alternative sources", If a source is lost, water must be taken that was
going to be available for another use, The only alternative in this case is to purchase more
Northern California water and have it delivered via the California State Water Project. Accord-
ing to Bulletin 132 ofthe California Water Resources Agency, the past cost of this water was
$379 an acre foot. This was before California's energy crisis and the signing oflong term energy
contracts by the department that are expected to add $100 per acre foot to that cost.
When the Draft Economic Report asserts that "$1 million" would have to be spent on alternative
water over 10 years, that amounts to $100,000 per year. At $479 per acre foot for alternative
water, that would allow the purchase of208 acre feet of water a year or enough for 416 homes,
Economics & Politics, Inc.
3015
Local water authorities look at this analysis and cringe, It is their belief that the critical habitat
designation will rob them of millions of gallons of water production and milIions of dollars of
cost in obtaining alternative supplies, They question whether enough additional supply would be
available from the State Water Project.
Here again, we have the contest between the "assertions" of the Draft Economic Report and the
"beliefs" of local experts, There is a map, There are rules of what can and cannot be done
within the critical habitat. There is a measurable amount of water production that would be lost.
There is a cost to that water that can be calculated. Certainly the Draft Economic Report's num-
ber is wrong, The question is how high is the real impact. It deserves to be known,
Seven Oaks Dam: More {moatt Than The Entire Draft Reoort. One project alone shows
the poor quality of the Draft Economic Report, The Seven Oaks Dam was originally proposed as
a flood control facility, However, given the serious water shortages anticipated in Southern Cali-
fornia due to population and economic growth along with projected reductions in the availability
of Colorado River water, the dam's design was modified to allow water captured behind it to be
managed as a new water source, The report acknowledges this issue on page 78 when it states:
"section 7 consultation will be needed before water conservation can take place at the dam ..
However, the analysis does not take into account the Seven Oaks dam:
. According to documents filed with the California State Water Resources Control
Board, the dam wilI capture an annual average of 15,100 acre feet of usable water.
. At $479 per acre foot, the loss of the dam's water would mean, on average, a direct
loss of$7,2 milIion a year to the local economy as those funds leave the region,
. Over a 10 year period, this direct loss would be $73,2 milIion,
Alone, this one project has more economic impact than the $63.3 million found in the entire 120
page Draft Economic Report,
No Multioliers: Another Major Methodolol!ical Mistake. It is standard procedure in all re-
gional economic impact studies to measure not just the money extracted from an economy but
the impact caused by funds no longer circulating through the local economy creating additional
economic activity and income, The analogy is the closure of a gold mine in the Old West.
When the mines closed, the miners lost their incomes but so also did the people associated with
the saloons and general stores where the miners would have spent their money,
This type of impact is omitted from the Draft Economic Report, The case of the Seven Oaks
Dam shows the impact ofthis omission,
. The loss of the water from the operation of the dam will cause $73.2 million to be
withdrawn from the local area over a ten year period,
. The RIMS 1\ model of the Inland Empire developed by the V,S, Bureau of Economic
Analysis indicates that on average every $1.00 pulled out of the area would have a
negative impact of 1.7749 times amount.
. The total economic loss from not having access to the water at Seven Oaks Dam
would thus be $130 million.
Economics & Politics, Inc.
4015
By not including this secondary or "multiplier" effect, the Draft Economic Report misses the full
impact by 44% or $56,8 million, Such an omission is professionally inexcusable,
Cost of Rel!ulation: The Unanswered Question. To experts within the Inland Empire, the
55,000 acre critical habitat boundary goes to some odd places, It cuts through buildings, It
crosses parking lots, It includes a freeway and an airport, It cuts through neighborhoods of ex-
isting homes, It runs up hillsides, All of this is strange for an animal that apparently likes to live
in flood plains,
These kinds of gross errors are apparently caused by the poor quality of mapping equipment
available to the V,S, Fish & Wildlife Service, However, the boundaries raise legitimate issues
for people living on the affected properties, What will be the economic impact on them ofliving
under regulation, especially when their property cannot possibly benefit the protected species,
Here, the Draft Economic Report could have performed a very important function, The local
planning community can identify these situations, From past experience, they could estimate the
extra cost of another layer of bureaucratic decision making for the property owners involved,
Given those data, an estimate of typical financial impact could have been derived for people
owning homes, businesses or land in various planning area zones, That impact could have in-
cluded both the cost of lost time and the cost of an approval process that frightens people, And,
given these data, they could made a case for removal of parcels from the critical habitat that were
included due to mistakes in the mapping process, not science.
What the Draft Economic Report does is to assert that there are only a few such situations and
estimate a very small cost for handling the approval process, This approach again replaces as-
sertion with fact. Worse, it leaves unanswered the question of the cost to people with property in
specific questionable areas who have a legitimate need for data to show why on both a biological
and an economic basis their property should not be subject to another level ofregulation.
Summary. There is a great need for a legitimate economic analysis of the impact of the listing
and habitat designation for the San Bernardino Kangaroo Rat. The Draft Economic Report is not
such a document. Methodologically, it includes an "alternatives analysis" in an area where in the
relevant time period most land uses are a "zero sum" game, and it omits the uses of multipliers
when there are many cases where they must be estimated. Factually, the report relies on abstract
data or erroneous information when a tremendous body of information is available at the local
level on such matters as the current and planned uses for property, the addresses and sizes of
businesses, the location of homes, the prices of property and alternative costs of water supplies,
It is vitally important that an professionally competent Economic Impact Report be prepared for
the San Bernardino Kangaroo Rat.
Economics & Politics. Inc.
sots
EXHIBIT 5
Natural Resources Assessment, Inc. (NRA, Inc,) was contacted by the City of San Bernardino to evaluate the Critical Habitat
evaluation and maps prepared by the U,S, Fish and Wildlife Service (USFWS) on the San Bernardino kangaroo rat (SBKR),
The purpose of the evaluation was twofold, First, NRA, Inc, was asked to determine what, if any, changes in the habitat
boundaries and areas were appropriate based on existing data provided by the USFWS and qualified SBKR trappers, new
data collected by NRA, Inc, and the methods used by the USFWS to determine Critical Habitat areas and boundaries,
Second, NRA, Inc. was asked to review the existing and future proposed development areas and their relationship to SBKR
Critical Habitat.
Changes to Critical Habitat
NRA, Inc. reviewed the available documentation on SBKR, including numerous trapping reports, We also conducted
overflights of the various Critical Habitat areas. Our knowledge of various properties within the Critical Habitat areas,
supplemented by our trapping work, was also used in the evaluation,
We reviewed the Final Rule listing the San Bemardino kangaroo rat as endangered (U.S, Fish and Wildlife Service 1998),
This document provided the biological basis for the listing, as well as identification of the threats to populations resulting in
the designation of endangered, We also reviewed the Proposed Rule designating critical habitat (U.S, Fish and Wildlife
Service 2000), As part of the evaluation, we used the criteria provided in the Proposed Rule for designation of Critical
Habitat as described by the USFWS, The USFWS used the following four criteria for the identification of Critical Habitat:
I , Occupation by the San Bernardino kangaroo rat.
2, The state of natural processes that rejuvenate and maintain suitable habitat.
3, The presence of lands that function as upland refugia.
4, The proximity of the areas to large tracts of undeveloped land that are important for population expansion, upland
refugia, connectivity, providing buffers from development, perpetuation of ecosystem processes, and maintenance of
a dynamic mosaic of vegetation.
September 30, 2001 SANDI-lOl
A(jaJDA [leM 15
We also evaluated the sites using the six Constituent Elements described by the USFWS in the propsed rule for the
designation of Critical Habitat These elements are:
I, Areas with dynamic geomorphological and hydrological processes typical of fluvial systems within the historical range
of the SBKR This includes active and historical flood regimes,
2. Historical and current alluvial processes within the historical range of the SBKR,
3, Alluvial sage scrub and associated vegetation, such as coastal sage scrub and chamise chaparral.
4, Sand, loam or sandy loam soils within the historical range of the SBKR,
5, Upland areas that may provide refugia,
6, Moderate to low degrees of human disturbance within this species' historical range, These include agricultural lands that
are not disked annually, out-of-production vineyards, margins of orchards, areas of active or inactive industrial or
resource extraction activities and urban/wildland interface.
Using these criteria, we evaluated the six areas proposed for designation by the USFWS as Critical Habitat, including their
compliance with the four Critical Habitat criteria and the Constituent Elements, Table I provides our summary evaluation
based on the Critical Habitat criteria, Table 2 provides our summary evaluation based on the Constituent Elements criteria,
and Table 3 provides a more detailed explanation of the evaluation upon which our recommendations are based. We included
the analysis of each Critical Habitat Unit, including those outside the city boundaries, since we conducted the analysis for a
broader spectrum of clients, If the City prefers, we can edit the tables to exclude those Units that do not occur within the City
limits,
City Development Areas
We then evaluated different lpes of existing and proposed development areas described by the City and their relationship to
the proposed Critical Habitat boundary, The purpose of the evaluation was to determine what developments should be
removed from inclusion within the proposed Critical Habitat areas.
Proposed Changes to Critical Habitat Boundaries
Following is a discussion of recommended changes for the proposed Santa Ana River and San Timoteo Canyon Critical
Habitat Unit and the Lytle Creek and Cajon Wash Critical Habitat Unit We also prepared a modified graphic showing our
recommendations for changes in the Critical Habitat boundaries and numbers of units,
Santa Ana River/San Timoteo Canyon Unit
Following are recommended changes to the Santa Ana River/San Timoteo Canyon and Reche Canyon units:
I, The Santa Ana River portion of the Unit should remain essentially unchanged on a large scale, One small change would
be the revision of the boundary where City Creek issues from the base of the San Bernardino Mountains, The
recommended revision would exclude the East Valley Water District Treatment PlantlReservoir but retain the City
Creek drainage within Critical Habitat designation.
September 30, 2001 SANOI-IOI
2. The San Timoteo Canyon portion of Unit I should be removed, Suitable habitat in San Timoteo Canyon appears to be
small in extent. In addition, the connection of San Timoteo Canyon with the Santa Ana River is tIuough a concrete
channel, making it unlikely that populations from the Santa Ana River would move upstream to colonize San Timoteo
Canyon,
Cajon Wash and Lytle Creek
The Lytle and Cajon Creeks area should remain essentially unchanged on the large scale, Exceptions include habitat east of
Interstate 215 and west ofInterstate IS. Trapping in these areas has failed to locate SBKR, and large portions of these two
areas have been highly disturbed by viticulture and other agricultural uses,
City Development
In general, existing development such as residential, commercial and industrial areas should be removed from inclusion in
the Critical Habitat area, In addition, development on infill areas on the fringes of Critical Habitat, or future development
areas that currently lie between or surrounded by existing development should be removed, Small infill sites or small islands
generally do not meet one or more of the criteria for Critical Habitat designation. In particular, these types of sites typically
do not support natural processes that rejuvenate and maintain suitable habitat.
If you have any questions or would like to discuss these findings further, please feel free to contact me at 909 686 1141 or at
kkirtland@aoLcom.
Attachments: Tables I, 2, 3
To:
Ms, Valerie Ross
City of San Bernardino
From:
Karen Kirtland, Natural Resources Assessment, Inc,
Date:
September 30, 200 I
Subject:
Comments on SBKR Critical Habitat Listing
Memo
3415 Valencia Hill Drive
Riverside, CA 92507
PhonelFax: 9096861141
E-mail: kkirtland@aoLcom
Natural Resources Assessment, Inc.
September 30, 2001 SANOl.lOl
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NOTE: ADDITIONAL MAPS SETS ARE NOT ATTACHED. A COMPLETE
SET WILL BE ON FILE IN THE PLANNING DIVISION
Page I of6
CITY OF SAN BERNARDINO
PROPOSED CRITICAL HABITAT DESIGNATION MAP COMMENTS
UNIT I
Area I The proposed critical habitat area located between the western City boundary and
Tippecanoe Avenue along the Santa Ana River contains many developed parcels
including, but not limited to, a multi-tenant retail center, hotel, Subaru auto
dealership, San Bernardino Public Golf Course, a multi-tenant business park, and
various approved development projects, The critical habitat should be reduced to
the levees along the river,
Area 2 The proposed critical habitat area located between Tippecanoe Avenue and
Alabama StreetlPalm Avenue along the Santa Ana River contains many
developed parcels including, but not limited to, the Riverview Industrial Park, the
Cooley Industrial Park, former Norton Air Force Base, and various approved
development projects, All of the property on the former base is within the
corporate boundaries of the City of San Bernardino, and the City is a member
agency on both the Inland Valley Development Agency and San Bernardino
International Airport Authority, The critical habitat should be reduced to the
levees along the river.
Page 2 of6
CITY OF SAN BERNARDINO
PROPOSED CRITICAL HABITAT DESIGNATION MAP COMMENTS
UNIT I
Area 3 The proposed critical habitat area adjacent to Highway 330 has recently been
disturbed during the re-construction ofthe highway which included new on/off
ramps, and east and west frontage roads, In addition, the Metropolitan Water
District's Inland Feeder Line is currently under construction, Included in this area
is a recently constructed reservoir and surface water treatment plant for the East
Valley Water District. The proposed critical habitat should be reduced to exclude
disturbed and developed areas based on the findings of the City's biologist.
Area 4 The proposed critical habitat area located easterly of City Creek includes the
Highland Hills Specific Plan, This specific plan has received land use entitlements
from the City of San Bernardino, and should be removed from critical habitat
designation based on existing development and the findings of the City's
biologist. Exclusion of this area would not negate the need for compliance with
the Endangered Species Act.
Page 3 of6
CITY OF SAN BERNARDINO
PROPOSED CRITICAL HABITAT DESIGNATION MAP COMMENTS
UNIT 2
Area I The proposed critical habitat area located westerly of Cajon Boulevard and 1-215
includes the CalMat Cajon Creek Specific Plan area in the City of San
Bernardino. The specific plan covers approximately 1,400 acres and includes
extraction and aggregate processing activities, and light and heavy industrial
projects. CalMat (now Vulcan Materials) entered into a Memorandum of
Understanding with the U.S. Fish & Wildlife Service regarding habitat
preservation on the project site. The MOU provides mitigation for 24 sensitive
species, including the San Bernardino kangaroo rat. The MOU provides for over
700 acres to be preserved in a conservation easement and an additional 610 acres
in a mitigation bank. The entire area should be removed from critical habitat.
Area 2 The proposed critical habitat area generally located between Cajon Boulevard and
1-215, northerly of Palm Avenue contains several City of San Bernardino
Municipal Water Department facilities. These facilities include two Palm Avenue
Reservoirs, the Cajon Reservoir at Kendall Drive and Cajon Boulevard, and four
wells at Kenwood Drive and Cajon Creek. All of these water facilities are critical
components of the municipal water system, and should be removed from critical
habitat.
Area 3 The proposed critical habitat area generally located between Cajon Boulevard and
1-215 and Palm Avenue and the Devil Canyon Levee includes the State College
Business Park, San Bernardino Steel, a multi-tenant retail center, and various
approved development projects. Adjacent to the commercial development is a
vacant parcel that is currently being graded for future development. The entire
area should be removed from critical habitat.
Area 4 The proposed critical habitat area generally located northerly ofI-215 and Little
League Drive includes a pet cemetery, several recorded residential tract maps, and
existing single family development. In addition, the northerly portion of the
proposed designated area is a bench that is approximately 30 feet high at its
lowest point from the surrounding terrain. The entire area should be removed
from critical habitat based on existing development and the findings of the City's
biologist.
Page 4 of6
CITY OF SAN BERNARDINO
PROPOSED CRITICAL HABITAT DESIGNATION MAP COMMENTS
UNIT 2
Area 5 The proposed critical habitat area generally located northwesterly ofI-215
between Little League Drive and Palm Avenue contains the Western Regional
Little League facility, the Blast Soccer Complex, Al Guhin Park, and a multi-
tenant retail center. This area also includes property acquired by the San
Bernardino City Unified School District for the construction of a middle school.
This entire area should be removed from the critical habitat designation based on
existing development and the findings ofthe City's biologist.
Area 6 The proposed critical habitat area generally located northwesterly ofI-215
between Palm Avenue and the Devil Creek Bypass contains the Littlefield Shultis
Memorial Park, existing single family development, and a single family
residential project currently under construction. It appears that the proposed
critical habitat included an assumption that Devil Creek was a pathway for the
San Bernardino kangaroo rat, however, the creek channel is concrete lined. This
entire area should be removed from the critical habitat designation based on
existing development and the findings of the City's biologist.
Area 7 The proposed critical habitat area generally located northwesterly ofI-215 and
easterly of the Devil Creek Bypass contains the Devil Canyon flood control
spreading basins, a girl scout camp, existing residential development, including
scattered rural residential, the approved Paradise Hills Specific Plan area, and
California State University San Bernardino. California State University has a
state-approved Master Plan in place and is currently developing additional school
facilities. The San Bernardino Municipal Water Department has an existing
reservoir and three domestic water wells in the area that are critical components
of the municipal water system. This entire area should be removed from the
critical habitat designation based on existing development, approved development
projects, and the findings of the City's biologist.
Page 5 of6
. .
CITY OF SAN BERNARDINO
PROPOSED CRITICAL HABITAT DESIGNATION MAP COMMENTS
UNIT 2
Area 8 The proposed critical habitat area located north of Highland Avenue adjacent to
Lytle Creek includes existing single family development. The entire area should
be removed from critical habitat based on existing development.
Area 9 The proposed critical habitat area located from Highland A venue south to 4th
Street adjacent to Lytle Creek contains Arroyo Verde High School, an existing
industrial park, existing residential, commercial, and industrial developments, the
4th Street Rock Crusher facility, and two City of San Bernardino Municipal Water
Department reservoirs and wells. All of the water facilities are critical
components ofthe municipal water system, and should be removed from critical
habitat. The developed parcels should be removed from critical habitat.
The 4th Street Rock Crusher facility includes extraction and aggregate processing
activities on privately owned land and land owned by the County of San
Bernardino. This facility has been in operation at this location since the 1920s.
It should be noted that in 1975 the California State Legislature adopted the
Surface Mining and Reclamation Act (SMARA). The legislature recognized that
areas with important mineral resources, primarily sand and gravel, were being lost
to urban development and required the State Mining and Geology Board to map
and classify all of the mineral resources into Mineral Resource Zones. That
classification process was completed and adopted in 1985. State law further
requires jurisdictions to address mineral resources of statewide or regional
significance in our General Plans. The 4th Street Rock Crusher extraction and
aggregate processing areas are consistent with SMARA and the City's General
Plan and should be removed from critical habitat.
Page 60f6