At The Behest of Kamilos Development, Elk Grove City Council Makes Change to SEPA-Swainson’s Hawk Mitigation Policy

June 29, 2018

Elk Grove News.net

In a lengthy presentation and public comment that was followed by a relatively short deliberation period, the Elk Grove City Council approved a change to the environmental impact report for the city’s Southeast Policy Area (SEPA) at their Wednesday, June 27 meeting.

By a unanimous 4 – 0 vote (council member Stephanie Nguyen was absent) the city council changed the manner in which mitigation can be handled for the Swainson’s Hawk. Specifically, at the Behest of Kamilos Development, the city amended the certified EIR so that mitigation land set-aside for the threatened species can be placed on the 4,768-acre Van Vleck Ranch near Rancho Murieta, California, which is further away from the SEPA than initially approved in the SEPA EIR.

Under previous requirements for SEPA projects, the mitigation land was geographically closer. In both cases, the standard replacement continues to be that each acre of lost habitat must be mitigated with one acre of conservancy.

During the staff report from Antonio Ablog, it was noted a review of the change by California Department of Fish and Wildlife highlighted that the new habitat is 18 miles from the SEPA project, which exceeds the recommended distance of 10 miles. Additionally, the CDFW said the new mitigation area on the Van Vleck ranch was lower quality foraging for the hawks.

. . .

The California Department of Fish and Wildlife lists the Swainson’s Hawk as a threatened species. According to the CDFW “the most recognized threat to Swainson’s hawks in the loss of their native foraging and breeding grounds.”

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Click here to read more background about this issue.

Folsom site contaminated by jet fuel to be cleaned up, paving way for park and nearby housing

By Kellen Browning and Claire Morgan 

June 25, 2018

The Sacramento Bee

At a public forum Wednesday evening at the Folsom Community Center, DTSC project manager Peter MacNicholl pitched about 20 skeptical residents on the specifics of the cleanup plan, which aims to remove dangerous toxic chemicals like trichloroethylene and perchlorate from the soil and groundwater.

. . . 

At the public forum, vocal critics expressed doubt about the thoroughness of the cleanup, DTSC safety standards and the effectiveness of a fence in keeping people away from toxic fumes. Rob Burness, a member of the Environmental Council of Sacramento, also worried about the impact to wetland wildlife, which MacNicholl acknowledged was unavoidable.

“We need to have an aggressive plan that goes beyond the fencing and just removal of the land, the most contaminated soil,” Burness said during public comment. “It needs to deal with potential that there will still be trespass, that wildlife will still be impacted, and the vapors will impact the surrounding parkland.”

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Click here to read more about the concerns that the Environmental Council of Sacramento (ECOS) has about these plans

Some Like It Dark: Light Pollution And Salmon Survival

June 4, 2018

FISHBIO

The interaction between light pollution and predation could deal a heavy blow to species already struggling to survive. Bridges, in particular, often have lighting that shines into rivers at night, and attraction to these stationary lights can stop juvenile fish in their tracks as they migrate downstream, making them vulnerable to predators. Fish also frequently migrate and feed at night to hide from predators in the darkness, and bright lights shining on the water eliminate their protective cover. In rivers where salmon spawn, juvenile salmon can be especially impacted by bright nighttime lights or reflections on the surface of the water because predation is a major contributing factor to the high mortality of juvenile salmon. Light pollution from the iconic Sundial Bridge in Redding, California (shown above), was a suspected factor that contributed to the near loss of Sacramento River fall-run Chinook salmon from 2011–2013.

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Elk Grove Expansion May 2 Hearing Outcome

May 11, 2018

Unfortunately, on May 2, 2018, Sacramento LAFCo voted against a reconsideration of their decision to allow Elk Grove to develop into 1,156 acres of farmland, despite the 4,000 acres they already have available for development. ECOS and fellow environmental groups are disappointed, but we are not giving up!

For the latest on opening up farmland on the outskirts of Elk Grove to development, please see the following summary from Judith Lamare, President of Friends of the Swainson’s Hawk and ECOS Board Member.

Dear Farmland and Wildlife Advocates,

Thank you for all your help on the May 2 Reconsideration hearing at LAFCo — no surprises there, the reconsideration was denied on recommendation of staff and legal counsel. You can review the hearing online at http://www.agendanet.saccounty.net/sirepub/mtgviewer.aspx?meetid=12340&doctype=AGENDA.  Click on item 5.  The video and supporting material are on the right, including the Executive Director’s report.  It’s amazing what you can learn from reviewing the hearing.  For example, at the May 2 hearing, Rob Burness of ECOS pointed out that County General Plan policy requires 4/5 Supervisors to approve a change in the Urban Services Boundary.  But at LAFCo, two Supervisors voted to change that policy on a 4-3 vote.
 
So what can we do now?  Here’s our recommendation.
 
1.  Stay knowledgeable and remember who voted to approve the expansion.  County Supervisors Susan Peters and Sue Frost, Carmichael Water District Board member Ron Greenwood and City of Elk Grove Councilman Pat Hume.   Do they represent you?   Voting against were Councilmember Angelique Ashby, Special District Member Gay Jones and Public Member Jack Harrison.  
 
Here are a couple of links to articles:  
 
2.  Stay active
Especially if you live in Elk Grove, there are things you can do now to become more active to help prevent urban sprawl.  You can go to the City of Elk Grove website (here:  http://www.elkgrovecity.org/cms/one.aspx?pageId=275657  ) and ask for notifications for all meetings regarding the update of the General Plan and participate in that process.  The next step for the City is to adopt a new General Plan planning for growth outside its present boundary.  Then it will need to do an annexation procedure, which will set off another battle at LAFCo sometime in the future.
 
Election time is here – a great time to talk to candidates about your desire to keep cities inside their current boundaries, protect farmland and habitat, and respect habitat protection plans.  Find out who is running and talk to them.  
 
3. Support litigation by Sierra Club and ECOS
 
Yes we will file a lawsuit in Sacramento Superior Court against LAFCo to address the errors in the legal process.  Sierra Club and ECOS have retained attorney Don Mooney who is preparing to file.  FOSH is helping to raise money to pay the costs of litigation.  You can help by sending your donation to:
 
Green Incubator
C/o Lamare
 
Mark the check in the memo spot with “FOSH”.  Green Incubator. –  http://sacgreenincubator.org/donations/   – is Sacramento’s 501-c-3 “community bank for the environment” – and maintains a Fund to support conservation activities for the Swainson’s Hawk.  It’s tax id is  68-0143852.
 
Friends of the Swainson’s Hawk
Judith Lamare
President

Letter from ECOS Requesting that LAFCo Reconsider Approval of “Kammerer 99 SOIA” Amendment

May 1, 2018

Patrick Hume, Chair
Sacramento Local Agency Formation Commission
1112 I Street, Sacramento, CA, 95814
Via email to commissionclerk[at]saclafco[dot]org

RE: Request to Reconsider LAFCo approval of Kammerer/99 SOIA amendment

Dear Mr. Hume and fellow Commissioners:

I would like to focus on two concerns that ECOS and Habitat 2020 believe were not adequately addressed by LAFCo Commissioners in their deliberations on the Kammerer/99 SOIA Amendment: 1) Cumulative Traffic impacts and 2) County policy regarding changes to the urban service boundary established in the 1993 Sacramento County General Plan and included in the 2011 update of that plan.

1. Traffic Impacts on the SE Connector. On or about February 29, 2018 the Southeast Connector JPA released a Mitigated Negative Declaration for review and comment. The information contained in this document was not available prior to the LAFCo hearing on February 7, 2018. Among other things the document contained a comprehensive analysis of cumulative traffic impacts both with and without the proposed improvements to Kammerer Road.

Most instructive is Table 45, which shows cumulative and cumulative plus project (the road improvement project) Level of Service (LOS) on a segment by segment basis between Interstate 5 and Highway 99 (See Attachment 1). The cumulative conditions for the analysis are based on full buildout within Elk Grove City (although not taking into account casino development) and MTP/SCS traffic forecasts based on projected 2036 development outside of Elk Grove City. This table reveals a number of important points:

• The cumulative conditions for the various segments are based on a minimum of 4 lanes of traffic, rather than the 2 lanes in the LAFCo RDEIR. Our understanding is that the JPA’s intent is to build the 4 lanes with the proposed project, but if funding is short, the project may be phased with just two lanes at first. If so, the expansion to 4 lanes would occur with funding from impact fees on new development collected by the city of Elk Grove (communication from Matt Satow, project engineer)/

• The daily traffic volume for the segments between Bruceville and Promenade Parkway range between 13,740 and 38,300. This compares to an estimated 29,719 vt/d in the RDEIR for Kammerer/99 SOIA.

• The Cumulative Plus Project conditions in Table 45 yield considerably higher daily volumes along the same stretch of roadway. This is largely the induced traffic demand that connecting Kammerer Road to Interstate 5 will generate.

• The segments west of Bruceville are projected to accommodate 28,000 to 32,000 vt/d. Some of these vehicle trips will originate and end from the north on Bruceville; others will continue eastward toward Highway 99.

• Traffic volume in the Cumulative Plus Project scenario for the segments east of Bruceville are projected to increase between 6,300 and 18,240 vt/d, with the amount of increase decreasing from west to east.

• The level of service with the Cumulative Plus Project actually declines along all segments except one. For one segment, the decline is to LOS E.

This analysis does not include either the Bilby or Kammerer/99 requests. It is logical to assume that taken together, these projects would cause traffic levels on Kammerer/99 to increase LOS along much of the SE Connector between Highway 99 and Interstate 5 to unacceptable levels.

It is clear from the comments of LAFCo Commissioners that the presence of the proposed Southeast Connector was a significant justification for approving the project. This new information, not available at the time of decision, raises the important question that the Kammerer/99 SOIA, particularly when taken into consideration of the soon to be heard Bilby Ridge SOIA, will create significant congestion and challenge the ability of the Connector Project to meet its primary goal: to provide an alternative means for travelers to circumvent the congestion of the Sacramento Urban Area by travelling around the southeast periphery of the developed urban area.

We recognize that Mitigation Measure 3.24-1a requires traffic studies and plans for improvements to mitigate traffic to acceptable levels prior to approval of annexation. Yet there has been no discussion in the record as to what the scope of those improvements might be and how they relate to the purpose of the Southeast Connector as a regional road designed to move traffic between Interstate 5 and Highway 50. For a threshold decision regarding urban growth, this is a glaring omission.

In this light, reconsideration of the project is warranted. At a minimum, LAFCo commissioners should ask for an analysis and report back from the Southeast Connector JPA on the impacts of the projects before the Commission, with additional traffic analysis as necessary to be funded by the applicants. Moreover, we would recommend that reconsideration should be considered at the same time and with the available analysis of the Bilby Ridge project, so as to better evaluate the full scope of traffic impacts on the Southeast Connector.

2. Consistency with Sacramento County Land Use Policy LU-127. Our second point is not so much a matter of new information as it is a glaring oversight on the part of LAFCo commissioners not only in framing their decision, but in making the overriding considerations for approving the project in light of 22 significant and unavoidable adverse impacts.

The RDEIR for Kammerer/99 SOIA does identify policy LU127, which reads as follows:

Policy LU-127: The County shall not expand the Urban Service Boundary unless:
• There is inadequate vacant land within the USB to accommodate the projected 25 year demand for urban uses; and
• The proposal calling for such expansion can satisfy the requirements of a master water plan as contained in the Conservation Element; and
• The proposal calling for such expansion can satisfy the requirements of the Sacramento County Air Quality Attainment Plan; and
• The area of expansion does not incorporate open space areas for which previously secured open space easements would need to be relinquished; and
• The area of expansion does not include the development of important natural resource areas, aquifer recharge lands or prime agricultural lands;
• The area of expansion does not preclude implementation of a Sacramento County-adopted Habitat Conservation Plan;

OR

• The Board approves such expansion by a 4/5ths vote based upon on finding that the expansion would provide extraordinary environmental, social or economic benefits and opportunities to the County.

If this expansion request was before the County this is the policy that would guide decision-making regarding SOIA. We recognize that the policy does not bind the decisions of the City of Elk Grove, nor does it strictly bind Sacramento LAFCo decisions. Yet in many ways the policy gets to the heart of LAFCo’s mandates to consider the need for expanding jurisdictional spheres, to protect prime agricultural demand and to ensure adequate services.

Yet, surprisingly, the RDEIR finds that the proposed SOIA is consistent with the policy under the self-limiting logic that no land use changes are proposed that would require expanding the USB:

Consistent: The SOIA Area is currently within the jurisdiction of the County of Sacramento and is entirely outside of the County’s General Plan USB. However, no land uses changes are proposed that would require expanding the USB.

That is entirely beside the point. The simple fact is that approval of the SOIA would lead to the inevitable urban development that the USB is designed to limit. The question at hand is whether the proposed SOIA, if implemented, would be consistent with the county’s policy. We believe that we have provided ample evidence that it would not be. Both the RDEIR and the Commissioners’ approval of the project are deficient in not adequately taking this into account.

Note that Policy LU-127 does give guidance on when it would be appropriate, despite the required findings, to approve USB expansion. They can, by a supermajority vote, find that the expansion would provide extraordinary environmental, social or economic benefits and opportunities to the County.

So it would stand to reason, that LAFCo commissioners might want to consider the same context in their decision regarding the Kammerer/99 SOIA’s approval. Yet what we heard at the meeting were the same “business as usual” types of justifications for approving the project: Elk Grove needs to grow, the project will provide jobs, new development will help Elk Grove improve its job’s housing balance and the like. These are reflected in the Findings of Fact and Overriding Concern, which were not made available to the public until just prior to the hearing, without adequate opportunity for public review and consideration. Nowhere can we find, in either the written or the spoken comments at the hearing, that there were any extraordinary benefits for approving the project despite its inconsistency with County Policy, LAFCo mandates and common sense.

Moreover, your Commission’s decision, in starting the process to allow Elk Grove’s expansion beyond the USB, provides justification to not only Folsom in the area south of its current limits, but the County itself, in the huge North Precinct Development, to justify expansion of the Urban Service Boundary, entirely in the absence of any extraordinary justification, thus continuing the cycle of sprawl many citizens in this County are dedicated to ending.

In view of this, and if for no other reason, we ask that you reconsider your justification and your findings in approving the project.

Sincerely,

Robert Burness, Habitat 2020 Co Chair
Attachments


Click here for a PDF of this letter.

Click here for more background on this issue.

As LAFCO Reconsiders Expansion of Elk Grove, Public Comments, Including Planning Commissioner, Condemn Annexation

May 1, 2018

Elk Grove News.net

At their regular monthly meeting on Wednesday, May 2, the Sacramento Local Agency Formation Commission (LAFCO) will hold a second hearing reconsidering their February 7 decision opening the doors for an expansion of Elk Grove city limits.

That decision which approved the environmental impact statement for a so-called sphere of influence (SOI) application is a significant step to annex the nearly two square miles into Elk Grove. Unlike an unsuccessful effort led by the city in 2013 to annex 12-square miles, this smaller annexation is being pursued by private real estate developers Reynolds & Brown, Kamilos Development, and Feletto Development who want to build thousands of residential dwellings.

The second hearing, which was initially scheduled for April but rescheduled to tomorrow, was granted after requests from several environmental groups and individuals. Collectively they claimed the 4-3 commission decision was flawed and did not fully consider issues such as how will water be supplied conveyed for the development.

Along with the comments from environmental groups and Elk Grove area residents, public comments also came from residents outside the area. Typical of this was a comment from Carmichael, California resident Peggy Berry who framed the issue as anti-citizen and pro-developer.

In her comments dated April 4 Berry wrote; “When will sound planning stand a chance against monied interests? It’s discouraging and makes citizens who care about the broader picture of preserving open spaces and their dwindling habitats feel their caring means little to nothing when looking at Sacramento’s future desirability.”

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