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Planning Commissioner Meeting Minutes of August 24, 1999 Page 2 of 3 a two-phase project. She stated that the second phase would be preserved in its natural state to allow the U.S. Department of Fish and Wildlife additional time to negotiate their proposal to acquire habitat for the establishment of a preserve for the Delhi Sands Fly. Ms. Green stated that the applicant is seeking unconditional approval to proceed with the proposed project. She discussed difficulties in negotiations with the U. S. Department of Fish and Wildlife. Ms. Green indicated that the applicant is seeking approval with modifications to the Conditions of Approval. Glenn Bosworth, Vanir Development, 290 North "D" Street, San Bernardino, CA Mr. Bosworth discussed difficulties in negotiating with the U.S. Department of Fish and Wildlife. He stated that he had read the documents written by the Department of Fish and Wildlife and that their actions are inconsistent with their written documents. He indicated that major medical facilities need support facilities. Barbara Pitzer, Esq., Endangered Habitats League, 17700 Haines Street, Perris, CA Ms. Pitzer stated that it can be frustrating to work with the U.S. Department of Fish and Wildlife, but that because the fly is an endangered species, the applicant has to resolve their problems with Fish and Wildlife and not the City of Colton. She stated that the City is ultimately responsible for the project and any approvals that are granted and an unconditional approval could land the City in hot water. She indicated that Cities should have been proactive in regards to protecting species before they become endangered by establishing a habitat conservation plan. Vice -Chairperson Vilches questioned staff for their opinion on the conditions that the applicant is requesting be deleted from the Conditions of Approval. Ms. Banuelos indicated that conditions issued by other departments would need to be authorized by those departments. Mr. Morrison responded to concerns raised by Mr. Ballmer and Ms. Pitzer. Mr. Morrison discussed the Mitigation Monitoring Program and the applicant's request to eliminate several conditions of approval. Commissioner Suchil stated that the request for a chain link fence, as long as it had some type of screening, would be feasible but that the other conditions and the Mitigated Negative Declaration should remain intact. Commissioner Hernandez and Vice -Chairperson Vilches expressed their concurrence with Commissioner Suchil. Commissioner Suchil moved to approve File Index Number D-39-99 with the adoption of Resolution R-05-99, the adoption of the Mitigated Negative Declaration with the Mitigation Monitoring Program and approval of the project as filed, with the revision to the Conditions of Approval by allowing chain link fencing with screening; seconded by Commissioner Hernandez, motion carried. ITEM G - DIRECTOR'S REMARKS/REVIEW OF CITY COUNCIL AGENDAS None.