New twist in fight
over fly
INLAND: Colton wants to use anti-poverty funds to create and
maintain habitat for an insect.
01:22 AM PDT on Tuesday, July 13,
2004
By ELLEN BRAUNSTEIN / The Press-Enterprise
COLTON - Most
cities use community development block grants to construct senior centers,
build sidewalks or renovate houses in low-income neighborhoods.
But
the Colton City Council wants to use $452,000 in federal poverty funds to
destroy roads and open a trust fund for a fly.
The plan to rip up
streets to create insect "flyways" and endow a maintenance fund must first
pass muster with the county, which distributes the grants, and the Fish and
Wildlife Service. Neither is a sure thing. However, Colton's proposal
illustrates the lengths to which the city must go to satisfy the federal
agency's legal responsibility to establish wildlife preserves for the
endangered Delhi Sands flower-loving fly.
Safeguarding the shrinking breeding grounds of the only
fly to receive federal protection under the Endangered Species Act has cost
this blue-collar city an estimated $300 million in lost investments and 700
to 1,000 jobs, city officials say. Companies decide to go elsewhere to
avoid the hassles of meeting the act's requirements.
The
1½-inch-long winged insect emerges from sandy soils for a few days
every summer to mate, breed and die. A life spent underground makes it
impossible for biologists to determine how many exist.
The
destruction of the fly's habitat can trigger the extinction of many
more species that depend on the same habitat, said Greg Ballmer, UC
Riverside research associate and entomologist.
His advocacy
propelled the Delhi Sands flower-loving fly to the endangered species list
in 1993.
Fish and Wildlife, the federal agency charged with protecting
endangered species, requires landowners to set aside acreage for fly habitat
in exchange for the right to build. The agency also asks cities to maintain
the habitat.
Colton feels squeeze
Developers and officials
in Ontario, Fontana, Rialto and Mira Loma also wrangle with the federal
government over development projects that could ruin fly habitat.
But the pressure from Fish and Wildlife to conserve land is especially
keen in Colton, where the biggest and highest-quality habitat remains
untouched.
For seven years, the city has tried to work with Fish and
Wildlife to preserve land for the fly. But most of the private landowners
that control the 500-plus acres of Colton habitat don't want to negotiate,
City Manager Daryl Parrish said.
"They are in denial or incredulous
that some of their land isn't worth market value because of the presence of
the fly," he said.
Colton decided this year to go it alone, scraping up
what little fly habitat it can trade so other land can be developed.
And scrape they will. Officials want to spend federal dollars to rip up
and close sections of four public streets, including Slover Avenue, a mecca
for illegal dumpers. The narrow strips plus a 10-acre parcel at the
city-owned Hermosa Cemetery would be dedicated to the fly habitat.
The corridors, or "flyways," would connect larger habitat parcels,
city officials say.
An environmentalist called the flyways a
meaningless stab at conservation.
"If land around it is not protected,
the flyways wouldn't have any use," said John Hopkins, president of the
Institute for Ecological Health in Baker.
If Fish and Wildlife
approves Colton's plan, a four-acre parcel southeast of Arrowhead Regional
Medical Center could be turned into hotels, shops and restaurants.
The plan would also allow the city to expand a public cemetery by
seven acres.
In exchange, the city would cede 18 acres for fly
habitat.
The 18 acres - 10 from another section of the cemetery and
eight from closed roads - is a miserly offer by Fish and Wildlife standards.
The agency typically asks for three or more acres of preserve for each
acre developed, a ratio Colton has rejected as too costly. Fewer acres would
be required for the fly if the habitat offered is deemed to be of high
quality, said Jane Hendron, a Fish and Wildlife Service spokeswoman in
Carlsbad.
City lawyers are still preparing the plan to submit to Fish
and Wildlife. Negotiations could take months, if not years.
But the
plan is raising eyebrows with a county official whose job it is to ensure
that block-grant proposals meet federal guidelines.
Drawing skepticism
David Larsen, a county compliance officer, said that the Board
of Supervisors would not approve a $200,000 insect trust fund to maintain
the fly habitat, as the city's proposal suggests.
Colton got the
board's OK in January to use the federal funds to purchase fly habitat so a
trucking company could expand into another fly parcel and add 30 employees.
Expanding economic activity is a permitted use for the grants. Though
that deal fell through, Colton officials assumed, according to a staff
report, that the funds could be applied to a different kind of land swap.
Colton Assistant City Manager Al Holliman said the city is now backing
away from its plan to use part of the grant for an endowment fund. The city
will make sure that any plan approved by Fish and Wildlife will be
acceptable to the county, he said.
The area's history offers some
explanation why Colton is saddled with so much fly habitat that is also
prime commercial real estate.
Colton, historically a railroad center,
lagged behind neighboring communities in approving agricultural and
commercial development that has destroyed all but 2 percent of the fly's
sand-dune ecosystem. The Delhi Soil Series or Colton Dunes, as they are also
called, once stretched 40 square miles from Colton to Chino and included
portions of northwest Riverside County.
Like the last player
standing in a game of musical chairs, Colton was left with the largest
concentration of unspoiled dunes in 1993 when the fly was listed under the
Endangered Species Act. The listing stymied development while biologists
conducted two-year surveys to determine if the land was occupied by the fly.
The cost to taxpayers soon began to mount. San Bernardino County was
forced to shift the site of Arrowhead Regional Medical Center 250 feet to
avoid disturbing a sand pit in which the fly was believed to breed. The move
cost taxpayers $3 million.
The sighting of a handful of flies two
years ago required Colton to find a new location for a $12 million baseball
park at a $1.2 million loss to taxpayers.
City crews are also
prohibited from cleaning blighted land in Colton because a garbage truck
might scoop up fly larvae.
_____
************************************************ Some emails
are sent out solely for informational purposes and are not always issues I
support or reflect my
beliefs. +++++++++++++++++++++++++++++++++++++++++++++++++++++++ NOTE: In
accordance with Title 17 U.S.C. section 107, any copyrighted material
herein is distributed without profit or payment to those who
have expressed a prior interest in receiving this information
for non-profit research and educational purposes only. For more
information go to: http://www.law.cornell.edu/uscode/17/107.shtml
|