Elk Grove and Swainson’s Hawk Mitigation

Dear Friends:

Elk Grove is at it again. At the request of developer Gerry Kamilos and rancher Stan Van Vleck, the City is considering changing its mitigation requirement for Swainson’s Hawks impacts of development in the Southeast Policy Area. This change will put mitigation more than 18 miles from the site of impact. The current requirement is within 10 miles. The Elk Grove area is one of the densest nesting areas of Swainson’s Hawks in California. The Van Vleck Ranch is not. The hearing is June 27, Wednesday at 6.

The agenda and staff report (Item 9.1) are found here http://www.elkgrovecity.org/UserFiles/Servers/Server_109585/File/cityclerk/citycouncil/2018/ag-06-27-18.pdf

California Department of Fish and Wildlife prepared an analysis of the suitability of the proposed Van Vleck mitigation property for mitigation for development in Elk Grove and concluded that the property was too far from the site of impact to be appropriate mitigation. That report is included in the Staff report on line. Also included are our previous letters (with allies) explaining why this is a bad idea.

Please send an email to the Elk Grove City Council before June 27 to oppose this change.


Here is what you should include in your comment:

Item 9.1 A Public Hearing to consider a resolution adopting an Addendum to the Certified Environmental Impact Report for the Southeast Policy Area Strategic Plan involving text changes to the EIR and previously-adopted Mitigation Monitoring and Reporting Program (MMRP) [p. 1-252]

I oppose the proposed change in mitigation measure for the Southeast Policy Area development impacts on Swainson’s Hawk foraging.

1. The mitigation land proposed is too distant (18 miles plus) from the site of impact to be appropriate mitigation land for development in Elk Grove. Until now, development in Elk Grove has mitigated for impacts within 10 miles of the development.

2. An Addendum to the Final EIR for the Plan area is no way to make a major policy change in Elk Grove’s protection of the Swainson’s Hawk population that its growth is and has impacted. This is a significant change requiring an override of existing Elk Grove policy. It affects 900 acres of mitigation and sets a precedent for much more.

3. The City claims to have an exemplar Swainson’s Hawk mitigation program. Invoking a loophole in its Ordinance to provide a significant deviation from its policy would disqualify the City from claiming its distinction as a protector of the Swainson’s Hawk.

Your name and area/city of residence.


Contact info for emailing City of Elk Grove: you can use this email string –
stevely[at]elkgrovecity[dot]org, dsuen[at]elkgrovecity[dot]org, phume[at]elkgrovecity[dot]org, sdetrick[at]elkgrovecity[dot]org, snguyen[at]elkgrovecity[dot]org, jbehrmann[at]elkgrovecity[dot]org,aablog[at]elkgrovecity[dot]org, swainsonshawk[at]sbcglobal[dot]net

Friends of the Swainson’s Hawk
swainsonshawk[at]sbcglobal[dot]net
Judith Lamare

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.”

Click here to read the full article


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

Environmentalists Sue To Block Possible Elk Grove Expansion

June 18, 2018

By Ezra Romero

Capital Public Radio

“This is classic leapfrog development where you are building on green fields instead of brown fields,” said Alexandra Reagan with ECOS.

Reagan says the city should develop existing land within its boundaries. She also says there are 14 impacts that are unavoidable with the project moving forward. They include altering where migratory birds forage and depletion of groundwater resources.

“We feel like those should be addressed before any next steps for planning growth,” Reagan adds.

Read the full article here.

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.

Click here to read the full article.

Lawsuit filed on Elk Grove Sphere of Influence

June 1, 2018

Sierra Club, ECOS, et al. File Legal Action to Reverse Sacramento Local Agency Formation Commission (LAFCo) Approval of Expansion of Elk Grove Sphere of Influence

On June 1, 2018, the Environmental Council of Sacramento, Sierra Club, Friends of Swainson’s Hawk, Friends of Stone Lakes Wildlife Refuge and Habitat 2020 filed an action to block Sacramento LAFCo’s approval of an expanded Sphere of Influence for the City of Elk Grove.  “Numerous legal errors occurred in the Commission’s consideration and approval on a 4-3 vote of this landowner*-initiated amendment to Elk Grove’s potential boundary. The decision permits previously protected farmland to now be considered for annexation into the City,” said Don Mooney, attorney for the environmental groups.  “My clients represent the public interest in curbing sprawl and preserving farmland in this region.”

The Sierra Club, Environmental Council of Sacramento (ECOS) and associates have long maintained that the health and sustainability of the Sacramento region depends upon the preservation of farmland and avoidance of further urban sprawl.  “LAFCo has pivoted away from long established regional goals with this approval,” said Sierra Club Mother Lode Chapter Conservation Chair Sean Wirth,” and we aim to hold them accountable.  All of our region’s planning for infrastructure, the Regional Transportation Plan, the South Sacramento Habitat Conservation Plan, water supply, sanitation, and the Air Quality Plan are based on an Urban Services Boundary that LAFCo pushed aside in its February 7 decision.  This blatant disregard for decades of careful planning must be challenged.”

Ralph Propper, President of ECOS, noted that “Although the Sphere of Influence Amendment is just the first step in urbanization  ­—no dirt will be turned soon—, the Environmental Impact Report identified 22 significant and unavoidable impacts from this decision that cannot be mitigated.  This is a damaging land use decision that threatens the health of our community.”

Jim Pachl, Sierra Club Mother Lode Chapter Legal Chair, pointed out that “there are over 4000 vacant acres zoned for new development within the City of Elk Grove, including 1800 acres with residential project approvals that remain unbuilt.  Some projects were approved over ten years ago and remain unbuilt.  Lent Ranch Mall remains a half-built shell.  LAFCo lacks a legitimate reason to allow a conversion of farmland for expansion of Elk Grove’s footprint.”

LAFCo denied a request to reconsider its decision on May 2, setting the stage for the filing of litigation. 

*The Sphere of Influence Amendment was sought by landowners of 1,156 acres south of Kammerer Road and west of Highway 99.  The applicants are Gerry Kamilos and Martin Feletto.

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Pitch In!

Lawsuits are pricey! If you would like to provide monetary support for this, you can donate online HERE OR send a check to the Environmental Council of Sacramento, P.O. Box 1526, Sacramento, CA 95812. Please include a notation “for Elk Grove lawsuit” in the memo field of Paypal or your check to ensure that your donation goes to the lawsuit.

In The News

Suit filed to block step toward annexation of land by Elk Grove
June 5, 2018
The Sacramento Business Journal
https://www.bizjournals.com/sacramento/news/2018/06/05/suit-filed-to-block-step-toward-annexation-of-land.html

Environmental Groups File Lawsuit Against Sacramento LAFCO, Seek to Halt Elk Grove Expansion
June 5, 2018
ElkGroveNews.net
http://www.elkgrovenews.net/2018/06/environmental-group-files-lawsuit-against-elk-grove-expansion.html

Environmentalists sue to block city’s southern expansion
Elk Grove Citizen
June 8, 2018
http://www.egcitizen.com/news/environmentalists-sue-to-block-city-s-southern-expansion/article_e06d57f0-6b55-11e8-a42c-274a961568ea.html

More Information

Click here for the project application.

Click here for more background information on this issue.

Click here for a PDF of the media advisory.

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