Looking after the environmental and economic health of the Morongo Basin since 1969.
Friday, May 15, 2009
Super Wal-Mart defeated in court!
On behalf of the Coalition for Environmental Integrity in Yucca Valley, MBCA is happy to announce that the Yucca Valley WalMart SuperCenter EIR has been defeated in Superior Court in Rancho Cucamonga. His Honor Barry Plotkin found that the "Marketing Input-Urban Decay" study within the YVWSC Environmental Impact Report was inadequate (like we said all along) and the co-litigant Center for Biological Diversity won their case about the Air Quality-Global Warming part of the EIR.
John McClendon Esq., of the environmental firm Leibold McClendon & Mann, P.C. represented our concerns of the economic and social damage that this WalMart Supercenter would cause to the western Morongo Basin. Do you believe in Angels? Yucca Valley citizens, be assured that WalMart will be required to cover all costs of this litigation. As a result of this judgment the Town of Yucca Valley will be required to rescind its approval of the Specific Plan and the Conditions Upon Approval. The Judge's Final Order will be issued quite soon with more details to follow.
In short, if they want a WalMart SuperCenter in Yucca Valley, they have to do it all over again.
Sincerely,
David Fick, President
Morongo Basin Conservation Association
Monday, October 13, 2008
YV Wal-Mart referendum just shy of sufficient valid signatures
The petition was sponsored in part by MBCA through the Coalition for Environmental Integrity in Yucca Valley. More information to come.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Wednesday, September 17, 2008
Wal-Mart Referendum: What happens next?
Per the Hi-Desert Star:
At least 957 valid signatures are needed for the county registrar of voters to accept the referendum and send it back to the Town Council for action...[forcing] the Town of Yucca Valley to either repeal its approval of the Supercenter and put the project on hold for one year, or put it to the Yucca Valley voters in a special election.
MBCA President David Fick says "he understands that if the Town Council decides to put the Supercenter’s approval to a public vote, the Town then will have 88 days to hold a special election," according to the Star.
Depending on how quickly the registrar can verify the signatures, and if sufficient signatures have been collected, the decision could be on the Town Council’s next agenda.
[snip]
Should the Supercenter’s approval go to a special election and the voters side with the Town in approving the project, the coalition’s lawsuit would still continue to challenge Wal-Mart’s Environmental Impact Report and conditional use permit.[snip]
The Town also is facing a lawsuit from the Center for Biological Diversity, which is challenging the project’s environmental impact report. In particular, the group challenges that greenhouse gas emissions and the possibilities the Supercenter would contribute to urban blight weren’t adequately explored in the Environmental Impact Report.
The retailer is required, by its agreement with the Town of Yucca Valley, to cover all legal costs that ensue due to approval of the Supercenter.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Tuesday, September 16, 2008
Yucca Valley Wal-Mart Supercenter Referendum Submitted
The Coalition for Environmental Integrity in Yucca Valley (CEIYV) organized 35 referendum-signing sessions that gathered 1296 signatures from Yucca Valley registered voters, submitted to the Town Clerk on 9/15/08.
The referendum documents will be sent to the San Bernardino County Registrar of Voters where signatures will be validated to be Yucca Valley registered voters.
The minimum number of signatures required to establish the referendum is 957. We collected 339 signatures above the required number and will succeed if the invalidation rate remains below 26%. The validation process may take two weeks before we find out if we are successful.
These signatures were acquired through the blood, sweat and tears of too few volunteers who had to refuse too many people from Joshua Tree, Landers, Flamingo Heights, Johnson Valley, Morongo Valley and Twentynine Palms who wanted to sign the referendum.
We wish to thank the concerned voters of Yucca Valley for their efforts to have their Town Council do the right thing.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Sunday, September 14, 2008
Alert! Last Chance to Sign Wal-Mart Supercenter Referendum
Saturday and Sunday are the last two days to sign the Wal-Mart Supercenter Referendum. The signatures must be turned in on Monday, September 15th.
We are very close to our goal but we need your help.
The Joshua Tree Farmers Market and Sue's Health Foods are the Saturday-only locations to sign the Wal-Mart Referendum.
The Yucca Valley Old and New Stater Bros Supermarkets are the Saturday and Sunday locations to sign the Wal-Mart Supercenter Referendum (10 AM till 8 PM).
Please tell your Yucca Valley friends and neighbors to support this effort.
Sincerely,
David Fick, President
Morongo Basin Conservation Association
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Monday, September 8, 2008
Alert! Your help needed NOW! Referendum needs signatures!
This is the time to come forward, folks. It's critical that the Town of Yucca Valley be given the message loud and clear that it must follow the law in approving projects and that its citizens will stand for nothing less. If the Town Council is forced to reverse this decision, you can bet they'll be a lot more careful when the next project comes along.
Learn more about the Referendum effort on this previous post and about the Wal-Mart issue on our Website.
Please contact MBCA TODAY and volunteer some hours. The deadline for signatures is THURSDAY; let's not miss our chance by just a few signatures!
It won't happen without you!
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Friday, August 29, 2008
Alert! Referendum to Challenge Yucca Valley Approval of the Wal-Mart Supercenter EIR
A referendum petition is circulating to challenge the Yucca Valley Town Council's decision to approve the Wal-Mart Supercenter EIR. To repeal the Council’s decision, at least one thousand verifiable signatures are required from Yucca Valley registered voters.
The petitions must be delivered to CEIYV by September 12, 2008.
If you are a Yucca Valley registered voter and oppose the Council's decision to approve the Wal-Mart Supercenter EIR, we need your help to obtain petition signatures and assist at staff tables located at local grocery stores.
The following is the press release for the referendum:
"The Coalition for Environmental Integrity in Yucca Valley is sponsoring a Referendum Petition against Yucca Valley Ordinance #194, the decision of the Yucca Valley Town Council to approve the Wal-Mart Supercenter. This is to undo a done deal by Wal-Mart and the Yucca Valley Town Council.
A successful Referendum Petition will give the Town Council a chance to repeal their decision or submit the decision to the voters of Yucca Valley.
Registered voters within Yucca Valley are given the opportunity to make the Town Council listen and heed their concerns about the Wal-Mart Supercenter and the economic damage it will cause to Yucca Valley.
Petition Circulators will be at a table outside a grocery store near you."
Please share this referendum information with registered voters you know in Yucca Valley and encourage them to sign the petition at a local grocery store before September 11, 2008.
For more information please contact David Fick at 366-9862 or Charla Shamhart at 365-3170 or email MBCA.
Sincerely,
David Fick,
President, MBCA
http://www.mbconservation.org/
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Saturday, August 16, 2008
Finalization of WalMart approval challenged
[Attorney for the Coalition for Environmental Integrity in Yucca Valley John ] McClendon claimed Yucca Valley was out of compliance with state law by failing to file the housing element of its General Plan by June 30. The entire General Plan is therefore invalid, he argues, prohibiting the adoption of a specific plan until the missing element is filed and approved by the California Department of Housing and Community Development.
[snip]
Herbel said the California Department of Housing and Community Development confirmed to her that Yucca Valley was out of compliance because its housing element was due. Without an approved housing element in a valid General Plan, she said, no specific plan can be adopted. Herbel also was told the state does not grant extensions to cities that want more time to finish the housing element.
The Town attorney contested the claim, and the finalization was carried 4-1.
MBCA President David Fick "urged the council not to approve the Supercenter without an approved General Plan, adding, 'There have been a bunch of mistakes made — please don’t add to them.'”MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Wednesday, August 6, 2008
Reactions to WalMart CEQA suit
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Monday, August 4, 2008
"Water, money shortages make store bad idea"
The EIR...relies on an outdated and unapproved water supply assessment, which has been superseded by the governor’s declaration of a state-wide drought, and restrictions on withdrawals from the Sacramento/San Joaquin Delta, the source for Yucca Valley’s supply.
The town is barely able to purchase enough water to meet current demand without having to tap reserves, and future supplies are uncertain at best. This means there may not be water for the new housing developments and new residents that are the justification for the Supercenter.
The approval for the Wal-Mart Supercenter is built on a house of cards, and it will come crashing down on Yucca Valley and the whole Morongo Basin if this facility is ever built.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Sunday, August 3, 2008
Conservationists File Lawsuits Against Town of Yucca Valley
MBCA wishes to announce to the membership and interested friends the recent actions of our board: MBCA is now party to two lawsuits for two very worthy causes.
The first lawsuit is an "Intervention" with the Federal 9th Circuit Court of Appeals that is now considering MBCA and seven other parties to join as "full parties" in a huge consolidated lawsuit against the 2005 Energy Act and its resulting free reigning power transmission corridors. Our Attorney, Mr. Stephan Volker Esq., said of the case:
MBCA is waiting for approval from the 9th Circuit Court of Appeals to be a "full party", however, the wheels of justice turn slower the higher you go, and even slower yet on the federal level. (The Eagle Mountain MegaDump federal appeal [also 9th Circuit Court of Appeals] has taken three years and counting.)“Our intervention as full parties (rather than simply as amici curiae, or friends of the court) seeks to overturn DOE's designation of the 7 counties in Southern California (and 3 adjacent counties in Arizona) as the Southwest Power Corridor for future construction of power lines and support facilities. National parks and monuments, state parks, federal wilderness areas, and other lands of ecological sensitivity are all exposed to development without regard to their unique resources and species.
“DOE failed to conduct any review under NEPA and ESA, failed to consider alternatives such as conservation and renewable energy sources, and ignored the growth-inducing and global warming impacts of its decision.“We are intervening into a consolidated set of lawsuits in which several states including Arizona, California (its CPUC only), New York, Virginia, New Jersey, and Pennsylvania, together with a coalition of eastern and western environmental groups including NRDC, The Wilderness Society, the Piedmont Environmental Center and the California Wilderness Coalition, filed suit against DOE's decision. All support our intervention and welcome our assistance, as the utility and power industry is of course lined up on the other side in support of DOE's decision.”
The second lawsuit is closer to home and will have far more local scrutiny. In order to challenge the Town of Yucca Valley, MBCA formed the Coalition for Environmental Integrity in Yucca Valley (CEIYV) partnering with the Morongo Basin Property Association (MBPA) and the Citizens for Responsible Equitable Environmental Development (CREED).
Mr. John McClendon, Esq. is representing CEIVY in this California Environmental Quality Act (CEQA) lawsuit filed July 30, 2008, against the Town of Yucca Valley for the Town Council’s approval of the Yucca Valley Wal-Mart SuperCenter Environmental Impact Report (EIR). See MBCA’s Wal-Mart blog.
The Wal-Mart EIR deserves legal scrutiny because the Marketing Input Study, Wastewater Assessment, Traffic Study and local Water Supply Availability Assessment are all flawed and incomplete.
Urban Decay is the main problem with the Wal-Mart SuperCenter Project. The projected growth of the western Morongo Basin was completely out of line with the current reality of fuel costs (commuting), housing problems (mortgage, foreclosures and lack of building inducements), State Water Project future water availability (unknown), retail square footage glut and the resulting decline in commercial property values.
This stalled growth threatens the economic viability of the four local grocery stores that would be affected by Wal-Mart SuperCenter's $30 million hit on local grocery demand. Dr. Philip King’s marketing survey and comments, while not part of the EIR, demonstrate that one, or possibly two, grocery stores would close. These failed anchor stores would decimate the auxiliary small retail stores in their shopping centers, resulting in urban blight and decay.
(Please see Mr. McClendon’s Retail Specific Plan on our website and the new and expanded entries devoted to Wal-Mart.)
We believe these activities answer our charge and responsibilities as the Morongo Basin Conservation Association.
Best regards,
David Fick
MBCA President
MORE INFO ON THIS TOPIC: On the WalMart page and Energy pages on the MBCA Website. Previous blog posts: WalMart, Yucca Valley, Energy.
Friday, August 1, 2008
Suit filed against Yucca Valley over Super Wal-Mart
“Wal-Mart has stated for years that its goal is to be supplied by 100-percent renewable energy,” said Jonathan Evans of the Center for Biological Diversity. “Yet even for stores proposed in the California desert, it refuses to incorporate cost-effective features like solar panels to reduce its carbon footprint.”
[snip]
The lawsuit is one of a series of court challenges brought by the Center to reduce greenhouse gases from new development through the California Environmental Quality Act. In 2007 California passed Senate Bill 97, which affirms the requirement to reduce greenhouse gas emissions from land-use decisions. In June 2008 California also provided technical guidance on how to properly calculate and reduce greenhouse gases. The California Environmental Quality Act requirements are in addition to the requirements of the California Global Warming Solutions Act and the governor’s June 2005 Executive Order, which sets a goal of reducing emissions 80 percent below 1990 levels by 2050.
“Business-as-usual big-box sprawl is devastating to our local environment and communities,” said Evans. “Forty-three percent of U.S. greenhouse pollution is tied to buildings, but the good news is that with today’s technology green buildings can be a major part of solving the climate crisis.”
The Writ may be viewed on CBD's Website here.
The SB Sun states that a "second lawsuit asserts that mistaken market analysis was used to justify the new Wal-Mart, and that economic degradation and urban decay will likely follow when the store opens, and that an outdated, unapproved water supply assessment was utilized, according to a news release."
ADDENDUM: Read the Hi-Desert Star's coverage of this topic.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Saturday, June 28, 2008
Star account of Super Wal-Mart approval
Thursday, June 26, 2008
Wal-Mart Supercenter approved, Stadum project postponed
The eyewitness report is that attendance was out the door, with maybe 65% opposed to the project and 35% in favor. The Council was not swayed by the dispute over retail figures, choosing to rely upon the controversial analysis provided in the Environmental Impact Report.
When the marathon reached 11:30 (after starting at 6 p.m.) the Council decided to postpone the planned second focus of the Special Meeting, which was the hearing on Yucca Valley Homes (Stadum) project.
MORE INFO ON THIS TOPIC: On the Land Use/Development page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Tuesday, June 24, 2008
Screening of Wal-Mart film tonight!
And don't forget the big event: Wednesday night the Town Council will hold a special meeting to consider approval of the Wal-Mart Supercenter EIR. Your voice is needed! Wednesday, June 25, 6 p.m., at the Community Center. Read more about the Wal-Mart proposal and the special meeting on the MBCA blog.
MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.
Saturday, June 21, 2008
Alert! Wal-Mart Special Meeting Wednesday, not Thursday!
Dear neighbors,
Next Wednesday's special Town Council meeting may be your last chance to be heard on two controversial proposals in Yucca Valley: the new Wal-Mart Supercenter and the Yucca Valley Homes (Stadum) project.
IMPORTANT: The special meeting on both these projects is WEDNESDAY, June 25 - NOT THURSDAY, as noted incorrectly in the Saturday Hi-Desert Star. The Council may vote on these projects at that meeting and will be hearing the public. Please plan to attend, and make sure your friends and neighbors know the CORRECT DAY!
MBCA is working on arranging a screening of "Wal-Mart: The High Cost of Low Price" before Wednesday's meeting. Look for an announcement soon.
To learn more about the Wal-Mart Supercenter proposal, we send you to the following resources on the MBCA Website and blog:
- President David Fick's Guest Soapbox from the Hi-Desert Star, June 14.
- The documents that stopped the Council from voting on the Wal-Mart proposal last month, including reports and analyses of the project in terms of crime, urban decay, traffic, etc., are linked from the MBCA Website here. Of particular importance is Dr. Philip King's report on the impacts SWM could have on other retail outlets in Yucca Valley.
- Follow posts about the Wal-Mart proposal on this blog. Note particularly "Abandoned Malls, Suburban Blight" by Stacy Mitchell.
- You can also find out more about Wal-Mart's practices and impacts on communities at http://walmartwatch.com/.
The Yucca Valley Homes (Stadum) proposal is for 90 homes on 60 acres and would include mass grading. The proposal was rejected by the Planning Commission and is now being appealed to the Town Council.
Wednesday's meeting is at 6 pm at the Yucca Valley Community Center. A huge showing is needed to convince the Council that the time for business as usual has passed in Yucca Valley. Be there!
Sincerely,
David Fick
President, Morongo Basin Conservation Association
Sunday, June 15, 2008
MBCA Website back up!
Saturday, June 14, 2008
"Wal-Mart Supercenter a badly done deal"
FOR MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.In 1992, a newly incorporated Yucca Valley town welcomed Wal-Mart with a gift of a million dollars and a look the other way as 468 Joshua trees were bladed down. This new store on the east edge of town and the first Gulf War ended many local businesses. Another war and maybe another Wal-Mart Supercenter on the east edge of town will bring much more sacrifice from the Yucca Valley business community. The Town Council soon decides if the Morongo Basin needs to serve this global giant from Arkansas. The Surrender Monkeys to Development at any cost say yes. The people who have considered the trade in local jobs, business loss and social damage say
no.
The proposed Wal-Mart Supercenter is about 180,000 square feet with the grocery portion taking 60,000 square feet. That leaves 120,000 square feet for the non-grocery retail, which is 10,000 square feet or 8 percent more than the old Wal-Mart. Although that increase doesn’t match all the hype of Wal-Mart’s needed extra room, the grocery portion is the part that does the damage. Wal-Mart wants it customers that normally visit two to three times a month as a Wal-Mart to increase their visitation to two to three times a week as a Wal-Mart Supercenter. The resulting 400 percent visit increase captures even more non-grocery retail. This grocery outlet becomes a “Loss Leader” and Wal-Mart will subsidize its damage till Yucca Valley loses two grocery stores and a number of assorted retail businesses. Wal-Mart is about its sustainability, not Yucca Valley’s or the Morongo Basin’s.On May 22, the Town Council received more timely information about Wal-Mart Supercenter’s environmental impact report. Hundreds of pages of studies, reports and memos in PDF form and hard copy. We, as the Morongo Basin Conservation Association (MBCA), got permission to put this information on our Web site. Dr. Philip King’s memo on the urban decay of Yucca Valley exposes the impacts this project would have on retail demand, a glut of vacant retail space and the predatory grocery sales of Wal-Mart. The other reports re-affirm the increase in crime, traffic and social ills that this Wal-Mart Supercenter presents to Yucca Valley.
One of the premises in the Wal-Mart Supercenter’s EIR is that retail growth demand will be 5 percent a year and that the housing boom of two to three years ago would continue. Those abounding “rooftops” were to soften the $30 million grocery sales loss to the other four grocery stores. They were wrong and within a year of Wal-Mart Supercenter’s opening, Food 4 Less and Stater Bros. West (little Staters) would close.Regarding growth and Yucca Valley, the State Water Project is in extreme trouble of it’s own and Yucca Valley’s aquifer recharge situation has an unknown future. Limited water means limited growth.
For those people who look forward to cheaper groceries (3 to 5 percent less) and more stuff (8 percent more) to buy, I wonder what other trade-off decisions you’ve made in life. The many who oppose this project are a little less selfish and have considered the situation of Yucca Valley’s general health more important.The next Town Council meeting about Wal-Mart Supercenter is at 6 p.m. Wednesday, June 25, in the Yucca Valley Community Center.
Tuesday, June 10, 2008
Yucca Valley Wal-Mart Supercenter EIR Challenged
Approximately 300 people attended the Council meeting, 205 submitted Request to Speak forms, and 42 spoke during the Public Hearing session. The final tally: 123 voted NO (60%) and 82 voted YES (40%).
Many of the YES votes were Wal-Mart employees who vigorously supported Wal-Mart, claiming good wages, benefits and working conditions.
Wal-Mart’s PowerPoint presentation included architectural renditions of the proposed Supercenter building and grounds, commentary on Wal-Mart’s supposed benefits to the community, etc.
The Town Council vote was postponed until June 25 because of two late submissions challenging the assumptions of the EIR. The submissions were from Mathew D. Vespa, Esq. and Jonathan Evans, Esq., of The Center for Biological Diversity and from John McClendon, Esq., of the environmental firm Leibold McClendon & Mann, P.C.
The challenges are comprehensive and authoritative and dismantle some of the underlying assumptions of the Wal-Mart Supercenter EIR.
Note especially Philip King Ph.D. Memo to YV re EIR where Dr. King concludes, “Yucca Valley has a surplus of retail space, and the Supercenter will exacerbate this surplus, leading to significant and substantial urban decay”.
All of the McClendon submissions may be viewed on the MBCA Website here. You are encouraged to read them for yourself.
For more background on the Yucca Valley Wal-Mart Supercenter proposal see previous blog posts on this topic.
For more information on Wal-Mart in general, go to Wal-Mart Watch.
Next Town Council hearing on the proposal: Wednesday, June 25, at 6 p.m. in the Yucca Room of the Community Center. Public is encouraged to attend.
Thursday, May 29, 2008
Super WalMart hearing continued to June 25
[N]ew information came to light in the form of California Environmental Quality Act findings delivered to the Town offices that the council members were unable to fully review before the meeting.The Town’s planning consultant, Nicole Criste, prefaced her staff report with the recommendation that the council study the new materials and continue the Wal-Mart Supercenter discussion at a special meeting next month.The public is invited to attend, and take part in, this continuing process of review. Next month’s meeting will be at 6 p.m. Wednesday, June 25, in the Yucca Room of the community center.
MBCA will have more information on this matter very soon.
For more background on the Super WalMart proposal, see previous posts on WalMart.