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HomeMy WebLinkAbout05-071 - Resolutions RESOLUTION NO. 05-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CRITERIA FOR THE DESIGNATION OF CONSERVATION ENTITIES TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS, AND MAKING A DETERMINATION ON A REQUEST BY GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) REGARDING THE QUALIFICATIONS OF THE CONSERVATION ENTITY TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS REQUIRED BY THE HENDERSON CREEK PROJECT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS (1) Applications were submitted in 2003 to the City of Rancho Cucamonga by Henderson Creek Properties, LLC (the "Applicant") for approval of a General Plan Land Use Amendment (DRC2003- 00749), an Etiwanda North Specific Plan Amendment (DRC2003- 00750), Tentative Tract Map SUBTT16324, and an associated Development Agreement (DRC2003-00751) ("Project Approvals"). The Project Approvals were sought for the proposed development of 123 single-family housing units on approximately 65.3 acres of land and to provide for flood control, utility corridor, and open space designations on approximately 25.1 acres of land. At the time the Project Applications were submitted, the property was within the unincorporated area of San Bernardino County. The Project Approvals were accompanied by an application to annex the property into the City of Rancho Cucamonga. The total area to be annexed is approximately 100.4 acres. (2) On June 16, 2004 the City Council, by Resolution No. 04-207, certified the Final Environmental Impact Report (SCH No. 2003111057)for the Project Approvals. As a requirement to mitigate the impacts of the project on biological resources, Mitigation Measure No. BIO-1 was imposed on the Project Approvals that provides: "The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54 acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City's Sphere of Influence,other properties may be considered based upon the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. The transfer and funding shall occur prior to the recording of the first final map for the project." Resolution No. 05-071 Page 2 of 6 (3) After the City's approval of the Project Approvals, the Applicant requested the City to designate "The Habitat Trust for Wildlife, Inc." (THT)to be the City-designated conservation entity for management of the open space and habitat transfer lands required by Mitigation Measure BIO-1 for the Project. (4) On October 7, 2004, the City Planner sent a letter to the Applicant setting forth the information that the City sought in order to make a recommendation to the City Council for a determination as to the appropriate conservation entity pursuant to Mitigation Measure 610- 1. That letter sought nine pieces of information and documents that relate to THT's legal standing, capabilities, plans for management and accountability. (5) On November 3, 2004, the City received information from the Applicant's legal counsel that staff found partially responsive to the requests for information to the Applicant. Among the information submitted by the Applicant were the Articles of Incorporation and Bylaws for THT, THT's tax-exempt determination, a list of accomplishments of THT, an informational flyer regarding THT, a description of the North Etiwanda Creek Nature Sanctuary, and additional flyers about THT's activities. (6) On November 18, 2004,the City was advised by Granite Homes,that it had acquired the interest in the Project site from the original applicant and that Granite Homes was prepared to comply with the requirements of Mitigation Measure BIO-1 by transferring the property to either THT or to County Special District OS-1. (7) On November 24, 2004, the Applicant submitted additional information to the City, including minutes of the THT, information relative to an independent audit of THT, a copy of a proposed management plan, an updated list of officers of THT,and information about employees and volunteers of THT (8) On January 10, 2005, representatives of the Applicant submitted a request to the City that a hearing be set for a City determination on whether or nor THT is a qualified conservation entity to manage the open space and habitat transfer lands pursuant to Mitigation Measure BIO-1. (9) On February 2, 2005, the City Council considered the Applicant's request to designate THT for purposes of Mitigation Measure BIO-1 and continued the matter at the request of representatives of THT to the City Council meeting on February 16, 2005. I Resolution No. 05-071 Page 3 of 6 B. RESOLUTION. NOW,THEREFORE,it is hereby found,determined,and resolved by the City Council of the City of Rancho Cucamonga as follows (1) This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. (2). Based upon the facts and information contained in the record of this matter,the City Council makes the following findings and statements: a. Pursuant to State CEQA Guidelines Section 15097 (a), the City of Rancho Cucamonga has an obligation to implement and enforce mitigation measures imposed on the Project Approvals. b. Mitigation Measure BIO-1 was imposed on the Project Approvals and requires the City to determine if a conservation entity that is requested by the Applicant for ownership and management of open space and habitat transfer lands is a qualified conservation entity for purposes of managing open space and habitat transfer lands, and if not,to require the property owner to transfer the land to the County of San Bernardino Special Districts OS-1. c. The City Council finds it necessary to establish criteria by which to determine whether a conservation entity proposed by this Applicant is a qualified conservation entity for purposes of making its determination on the Applicant's request pursuant to Mitigation Measure BIO-1. d. In formulating criteria for the evaluation of the qualifications of a proposed open space and habitat land conservation entity, the City Council seeks to ensure conservation lands be owned and managed by entities that have been lawfully created, have the capability to manage the land as required, have a plan to manage the land in conformance with required mitigation measures, and are accountable to the community. (3) The City Council hereby establishes and approves the following criteria forthe City's determination of qualified conservation entity for purposes of Mitigation Measure BIO-1: a. The entity must have fulfilled the legal requirements necessary for the creation of the public or private entity. b. The entity must demonstrate sufficient capability in terms of resources,available staff, and offices to provide sufficient management of the land and to respond in a timely manner to issues that arise thereupon. c. The entity must have proposed a site-specific Habitat Resource Management Plan and an Operations Plan to ensure management and operation of the land in compliance with any applicable mitigation measures. d. The entity must be accountable to the members of the immediate community for the entity's management of the land. Resolution No. 05-071 Page 4 of 6 (4). Based upon the criteria established in Section 3, the City Council hereby makes the following findings and determinations: a. THT has fulfilled its legal requirements to operate as a non-profit corporation. THT has provided the City with copies of its State of California incorporation documents and its bylaws. THT has also provided the City with documentation from the Internal Revenue Service noting that THT is exempt from federal income tax as a qualified non-profit organization under section 501(c)(3)of the Internal Revenue Code. b. THT has not demonstrated capability to provide sufficient management of the land described in Mitigation Measure BIO-1, or to respond in a timely manner to issues that arise regarding the land. The most recent auditor's report that THT provided to the City was a report dated December 31, 2002, that was prepared for Social and Environmental Entrepreneurs, Inc. (SEE), an umbrella organization. The report was not specific to the financial condition of THT, and thus THT has not provided sufficient evidence that it is conducting its financial affairs in compliance with applicable procedures, accounting standards, and laws. Additionally, documents provided by THT indicate that THT has only three current Board Members, none of whom is from the local area. Further, no list of THT offices has been provided, and there is no indication that THT has any locally accessible offices from which their staff can respond to issues arising on the land. Finally, THT has not provided any list of non-volunteer personnel who would be involved with management of the lands on an on-going basis. Based upon this lack of evidence, the City does not have the facts necessary to conclude that THT is capable of providing sufficient management of the lands described in Mitigation Measure BIO-1. c. THT has not provided the City with a site-specific Habitat Resource Management Plan. Instead, THT has provided the City with a generic document that acknowledges it was"...adapted from the North Etiwanda Preserve Management Plan, 2001 USFWS, CDFG, San Bernardino County Open Space District 1." This document is incomplete, includes several blank spaces, and does not provide any map exhibits that were referenced therein. In addition, the "Assessment of Management Planning Needs"authored by James des Lauriers on behalf of THT and dated January 24, 2005 constitutes a series of observations, suggestions and recommendations to THT as to how all of THT's property in the area should be managed. There is no evidence that these observations, suggestions and recommendations have been considered by THT or that they have been made a part of THT's proposed management plan for the subject site.Additionally,THT has not provided any Operations Plan, including a maintenance schedule for the land. Based upon this lack of evidence, the City does not have the facts necessary to find that THT has proposed a site-specific Habitat Resource Management Plan and an Operations Plan to ensure management and operation of the land in compliance with Mitigation Measure BIO-1. d. THT has not demonstrated that its operations are conducted in a manner sufficient to provide adequate accountability to members of the immediate community. There is no indication that THT holds public meetings or otherwise affords an opportunity for members of the community to provide input regarding Resolution No. 05-071 Page 5 of 6 land management issues. There appears to be no method of recourse for community members dissatisfied with land management decisions made by THT,and no local offices at which community members may contact THT Board Members or staff. Finally, because THT has failed to provide a current auditor's report that is specific to THT, the City cannot conclude that THT is financially accountable for monies expended with respect to land management. Based upon this lack of evidence, the City does not have the facts necessary to conclude that THT is accountable to the members of the immediate community for the entity's management of the land described in Mitigation Measure BIO-1. (5) Based upon the findings and conclusions set forth in Section 4 above, this Council hereby determines that The Habitat Trust for Wildlife is not qualified to be the conservation entity for Mitigation Measure BIO-1 for the Henderson Creek Project. (6) The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal Adoption, Certification and Signatures Resolution No. 05-071 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 16`h day of February 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alex an er, Mayor ATTEST: Debra J. Adams, C, City Clerk II, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 16th day of February 2005. Executed this 17th day of February 2005, at Rancho Cucamonga, California. D bra J. Adam MC, City Clerk