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ITEM #2 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF JANUARY 16, 2007 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: Daryl Parrish, City Manager <br />Dean R. Derleth, City Attorney <br />SUBJECT: (1) Consideration of a policy concerning use of land for habitat <br />conservation purposes; <br />(2) Adoption of an Urgency Ordinance to repeal Urgency <br />Ordinance 0-02-06 and to create Chapter 18.31 in the Municipal Code <br />to establish requirements for the review of land to be used as open space <br />mitigation for species conservation; and <br />(3) Introduction of an Ordinance of the City Council of the City of <br />Colton Establishing Policy Relating to the Use of Land for Endangered <br />Species Mitigation and Adding Chapter 18.31 to the Colton Municipal <br />Code Establishing Requirements for the Review of Land to be Used as <br />Open Space Mitigation for Species Conservation <br />DATE: January 10, 2007 <br />INTRODUCTION: <br />The City Council originally adopted Urgency Ordinance No. 0-02-06 on January 17, 2006 <br />to establish a policy relating to use of land to mitigate impacts to the Delhi Sands Flower <br />Loving Fly ("Delhi Fly"). The City Council found that ordinance to be exempt from the <br />California Environmental Quality Act ("CEQA") as an action by a regulatory agency to <br />protect the environment and that involves the creation of open space, and under the <br />general rule that CEQA does not apply to activities having no adverse effect on the <br />environment. (State CEQA Guidelines, §§ 15061(b)(3), 15308, 15317.) Following a <br />challenge to the City's CEQA determination, the Superior Court of San Bernardino <br />County concluded that the exemptions on which the City relied in adopting Ordinance <br />No. 0-02-06 did not apply. (Calmat v. City of Colton, et al., San Bernardino County <br />Superior Court, Case No. SCVSS135476.) The court reached that conclusion in part <br />