HomeMy WebLinkAbout2009/04/07 - Agenda Packet - Special! ~'` l
AGENDA
CITY COUNCIL, FIRE PROTECTION DISTRICT
AND REDEVELOPMENT AGENCY
SPECIAL MEETING
Tuesday, April 7, 2009 ~ 4:00 p.m.
Rancho Cucamonga City Hall ~ Tapia Room
10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730-3801
A. CALL TO ORDER
1. Pledge of Allegiance:
2. Roll Call: Mayor/PresidentlChairman Kurth
Mayor Pro TemNice PresidentNice Chairman Michael
Council/BoardlAgencymembers Gutierrez, Spagnolo and Williams
B. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City
Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from
addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony
and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed
necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional
business meeting and courtesyand decorum are expected. Please refrain from anydebate between audience and speaker,
making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public
communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During
this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given
priority, and no further speaker cards for these business items will be accepted once the business portion of the agenda
commences. Any other public communications which have not concluded during this one hour period may resume after the
regular business portion of the agenda has been completed.
C. ITEM OF BUSINESS
City Council Bus Tour visiting 1200 acres -potential location for a proposed City-County
Project in the Rancho Cucamonga Area (Transportation is available for people who wish
to attend the meeting with the City Council):
A. Begin at Rancho Cucamonga City Hall, 10500 Civic Center Drive
B. Drive to Deer Creek Basin for overview of the 1200 acre property (generally north
of Banyan, east of Deer Creek Channel, west of Day Creek Channel, and north into
the foothill area).
C. End at Rancho Cucamonga City Hall, 10500 Civic Center Drive
Continued on next page....
D. ADJOURNMENT
I, Debra L. McKay, Assistant City Clerk of the City of Rancho Cucamonga, hereby certify that a
true, accurate copy of the foregoing agenda was posted on April 2, 2009, per Government
Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California.
City of Rancho Cucamonga
Mayor Kurth & City Council,
Fire Protection District, and
Redevelopment Agency
ATTN: City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA
County of San Bernardino
Board of Supervisors, and
Flood Control District
Via Email per arrangement with City Clerk (Shirr;L.Griffin@cityofrc.us)
April 7, 2009
RE: Public Comment on 1,200- acre -Proposed Location of City-County Project in the
Rancho Cucamonga Area [ at Day Canyon and Deer Canyon area], California.
These comments are submitted on the behalf of Spirit of the Sage Council (Sage Council), and
Council for Climate and Conservation (CCC) regarding the proposed location of future
development related projects.
Sage Council is a public benefit California corporation, California Registered Charity and
current conservation project of the 501(c) 3 qualified nonprofit land trust, The Habitat Trust for
Wildlife (Habitat Trust). The Habitat Trust provides 501(c) 3 fiscal sponsorship to the Sage
Council for its actions to defend and protect threatened habitat and rare and endangered species
on lands near the conservation lands owned by Habitat Trust, including actions to enforce laws.
Council for Climate and Conservation (CCC) is an unincorporated group of citizens, including
residents and voters in the City and County that are concerned about biological diversity,
endangered species and the destruction of vegetative natural plant communities (habitats) that is
scientifically known to contribute to Climate Change and Global Warming.
Sage Council and CCC are taking this opportunity to formerly object in writing to the City and
County proposal to sell 1200-acres of biologically significant lands to a group of developers.
It is well recorded that the land was habitat mitigation by the Army Corp of Engineers (ACOE)
and Bureau of Reclamations for the construction of the Day Canyon Debris Basin Flood Control
Project and the Deer Canyon Flood Control Project, including channels. These mitigation lands
were given to the County Flood Control to protect & preserve the habitat. If the County sells for
uses these federal project mitigation lands for anything but habitat conservation, the County and
City will be in violation of the California Environmental Quality Act (CEQA), the National
Environmental Policy Act (NEPA), and the federal Administrative Procedures Act.
These lands that the City-County.are proposing to use for development related projects, are
protected by contractual agreements with federal agencies. The deeds and easements should
reflect the restrictive uses, also. U.S. Treasury and California laws regulating Conservation
Easements and lands with restrictive deed/titles prevents such lands require that the owner be a
IRS qualified 501 (c )3 conservation organization or government agency with the duty to
conserve the resources. Therefore, the County, County Flood Control Agency and City are not
legally authorized to sell or give these conservation lands to developers and known campaign
contributors with development investments or the general public,
When the Day Canyon Debris Basin was built it destroyed hundreds of acres of rare sage and
riparian habitats and species. Professor Jim des Lauries, formerly of Chaffey College, opposed
the debris basin and channelization, remarking that it was going to kill known habitat of rare
collared lizards and other species. The collard lizards have never been seen again since the
Debris basin was built. Prof Jim desLauries taught thousands of students over the past 20 years,
having created an extensive biological database documenting the biological importance of Day
Canyon and the North Etiwanda Alluvial Fan. The proposed project area also has blue line
streams that will require consultation with Army Corp of Engineers and California Department
of Fish & Games for 404 permits and stream bed alteration agreements. Since the early 1990's
the City and County have been notified by U.S. Fish & Wildlife Service (Service) and California
Department of Fish & Game (Department) numerous times in writing and in person that these
alluvial fans from Deer Canyon eastward to Coyote Canyon (Etiwanda Fan Complex) and over
into Lytle and Cajon support numerous listed and unlisted species, along with the imperiled
habitat - Riversidean and Alluvial Sage Scrub natural communities. This habitat is a high
priority for protection and conservation by the Service and Department. Know listed endangered
and legally protected species include, California gnatcatcher, San Bernardino Kangaroo Rat
(SBKR), Golden Eagle, Southern Arroyo Toad, Southwestern willow flycatcher, least Bell's
vireo and others. The Service has designated habitat in the proposed development area as
"critical" for the survival and recovery of the California gnatcatcher and San Bernazdino
Kangaroo Rat, pursuant to the federal Endangered Species Act.
Because any destruction of mitigation habitat is anticipated, significant new information and
changes to the originally agreed project will require reinitiation of consultation by the ACOE and
Bureau of Reclamations and County Flood Control. There is no time limit for how long habitat
mitigation areas are to be protected and conserved, as the conservation easements in perpetuity
(forever). The City, County or future developers will be violating environmental and
administrative regulations as well as the restrictive deeds and easements, if they move forward
on this ridiculous proposal. Zoning changes, County service area reorganization or the North
Etiwanda Specific Plan, do not change the fact that restrictive deed and the encumbrances
prevent these proposed lands from being developed. If any of the land doesn't have a restrictive
deed and easement, the developers will still have to comply with previous agreements and laws
requiring protection of critical habitat and endangered species.
Sage Council and CCC request that the City and County leave the 1200-acres in the County and
Flood Control District for conservation purposes and would expand the present North Etiwanda
Preserve area. Large contiguous areas of habitat are needed landscape linkages for wildlife
movement throughout the West Valley Foothills region. These 1200-acres aze included in the
LAFCO reorganization of CSA -70 to CSA-120. Sage Council and The Habitat Trust for
Wildlife has previously objected to this CSA reorganization, including mapped areas for
inclusion. The CSA reorganization included the County dissolving Open Space District 1 and 3,
which we believe to be unlawful and inconsistent with previous contracts and agreements
(Cooperative Management Agreement for the North Etiwanda Preserve). The County, Special
Districts and San Bernardino Association of Governments (SANBAG) along with out state and
federal regulatory agencies agreed that the entire 762-acre in the Preserve would be protected
and conserved in perpetuity. The proposed 1200-acres lands, adjacent to the south and west of
the Preserve must be protected for habitat and wildlife value.
Furthermore, loss of habitat coupled with more developments and roads in this region contributes
to Global Warming and Climate Change. Rather than taking needed actions to reduce carbon
emissions and energy consumption, the City and County appear hell bent to do just the opposite.
In closing, please include us on your notification list and distribution list for this proposal and
all others in the City, City Sphere of Influence acid County that include the 2nd Supervisor's
District and West Valley Foothills.
Sincerely,
Leeona Klippstein, Executive Director
Spirit of the Sage Council, and
President of .Council for Climate and Conservation
Copy:
Law Office of Craig Sherman
Leslie Grimes, member
Doug Doepke, Executive Director
The Habitat Trust for Wildlife
Rick Estes, San Gorgonio Chapter of Sierra Club
Jodi Clifford & Mark Durham, U.S. ACOE
Nancy Ferguson, USFWS
i
t
t
,~ 1200 Acre Tour
April 7, 2009
1 -County Van / 2 -Community Service Vans / 1- Fire Van as' back-up
40 seats available
Attendees:
Mayor & Council
Jack Lam -~
John Gillison`~
Linda Daniels
Mark Steuer
James Troyer
Candice Burnett
Peter Bryan
Mike Bell
Cassie McDuff
Wendy Leung
Photographer
Linda Yoder ~ Les 1- ~.
Melanie Ingram
Debra McKay
County -
Kevin Blakeslee
Tim Johnson
2 others
5
Drivers: Dave Moore / JoAnn Gwyn /Mike Bell
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