At a bird’s eye view
Local meeting on Swainson’s Hawk outlines city’s program, mitigation
fee for developers $18,325
Photo by George Roberston, courtesy of Friends of The Swainson’s Hawk
The Swainson’s Hawk. Photos George Roberston, courtesy of Friends of The
Swainson’s Hawk.
By Blake Ellington
Citizen Staff Writer - A medium-sized raptor with a dark breast
patch and a light belly with a large, light beak sometimes referred to as a
“headlight” has been the reason for a significant investment in a
program by the city of Elk Grove.
The Swainson’s Hawk Ordinance has been in place for several years now to
preserve the endangered bird and its habitat against development within Elk
Grove. A meeting was held at the Hampton Inn Suites to discuss the bird and
the current efforts of the city on Sept. 24.
The Friends of the Swainson’s Hawk, a local nonprofit organization, hosted
the meeting in which representatives from the California Department of Fish
and Game, the city and biologists spoke to 40 people interested in the program
and the bird itself.
Wildlife Biologist for the Department of Fish and Game Dan Gifford told the
audience that the bird must be preserved for two reasons: because they are endangered
and because it is a mandatory finding of significance under CEQA (California
Environmental Quality Act).
“That’s it folks,” Gifford said.
Gifford said the city’s current effort got under way after a local project
was halted when a tree used by one of these hawks for nesting was identified
on the land.
“They had construction crews and cement mixers running around underneath
this tree and so they had to stop everything and set up some condition with
the city of Elk Grove,” Gifford said.
That condition is the Swainson’s Hawk Ordinance. As it currently stands,
the ordinance splits developments into two categories: those that are over 40
acres in size and those that are less than 40 acres.
For projects over 40 acres, developers must help the city preserve, acre for
acre, foraging land for the hawk in relation to how much land is proposed to
be developed if that area is considered prime habitat area.
“All mitigation in the city of Elk Grove is done in a one-to-one ratio,
that means an acre of land protected for an acre of land impacted,” said
Environmental Planner for the city of Elk Grove, Taro Echiburu.
Conservation easements are then set into place based on the conditions that
are observed by the city. The easements provide an endowment that ensures that
monitoring of the land continues and allows the city to transfer that right
to a conservancy.
For developers with proposed projects under 40 acres, a mitigation fee is requested
in the amount of $18,325 per acre.
“The fee was set very high,” Echiburu said. “The city takes in
fees for these projects and pools that money to make one large purchase when
we find that suitable land.”
This is the model that was used for every project, no matter what the size,
in the past but recently was updated to split it into two categories.
Biologists from the city staff or those hired by the developer are sent out
to each project site to determine whether or not the land is a suitable habitat
at the time or if it could be in the future.
Under the Endangered Species Act, it is unlawful to “take” the bird
or kill it. Under the CEQA requirements, all habitats of the hawk must be protected
as well. This is the city’s effort to do so.
“Part of our job is to implement the General Plan of the city, the city
of Elk Grove’s General Plan calls for development,” Echiburu said.
“The city of Elk Grove wants to do it in a responsible way.”
Echiburu and city staff claims the mitigation fee has worked very well since
its implementation in May 2005. To date, the city has protected 1,569 acres
of Swainson’s Hawk foraging habitat.
Also since the mitigation went into effect, The Friends of the Swainson’s
Hawk organization has also helped the city add an additional aspect to the program.
“They said, well how about getting ahead of development, how about preserving
land before the impact occurs so that you have a sort of reserve,” Echiburu
said.
In response to that recommendation, the city of Elk Grove purchased a local
750-acre vineyard, which they plan to convert into suitable habitat to make
up for local development.
This is the last year the vineyard will be in operation under the lease agreement
and starting next year, the vineyard will be completely converted. So far, the
city has converted about half (380 acres) of the land and has seen progress
already.
“In just six months, we were actually able to see and observe Swainson’s
Hawk foraging on that land,” Echiburu said.
At the Sept. 12 Elk Grove City Council meeting the loan taken out of the Roadway
Development Impact Fee Fund for the purchase of the vineyard was extended to
June 30, 2012. The original loan amount was $5.6 million and has been paid off
to the current amount of $3.9 million. Because of the current economic slowdown,
city council extended the loan unless there is a turn around.
City Council Member Pat Hume warned city staff about carrying out the program
in a “sensible” manner.
“There has to be some sort of way to inject some common sense into this
ordinance so it’s not just a situation that we just need money and we are
just trying to get as much of a fee income as we possibly can,” Hume said.
Hume also commented on past projects that have had no trees on them that have
been charged a mitigation fee when the Department of Fish and Game have ruled
out the fee for other projects because they had no trees.
“A balancing act needs to be struck here,” Hume said.
Elk Grove resident Michael Monasky attended the meeting and had a question for
the panel members about a portion of land that was mitigated after the Grant
Line Interchange project began. In this case, the city purchased land in Sonoma
County to mitigate the impacts of the loss of land for that construction.
“What sense does that make to mitigate land loss by covering it in Sonoma
County, and who tells the hawks and prey where the mitigation lands are?”
Monasky asked.
Echiburu said the city tries to mitigate as close as possible but that sometimes
sufficient land isn’t available.
“There is simply no mitigation areas available close enough,” he replied.
Other questions included identification techniques of birds and whether or not
local farmers are being included in the outreach process of this program. Gifford,
of the Department of Fish and Game answered directly.
“If I had to characterize my agency’s relationship with farmers, its
not very good,” Gifford said.
Updates on the city’s program will be heard at the Oct. 24 city council
meeting.
For more information on the Friends of the Swainson’s Hawk organization
visit www.swainsonshawk.org. For more information on the city’s efforts
visit www.elkgrovecity.org.
The Swainson’s Hawk’s local habitat
This information was collected by a 2006 study done by Wildlife Biologist Jim
Estep of Estep Consulting. The data has been used by the city to carry out their
program. The study area for these numbers covers most of the Sacramento area
with a northern boundary at Hood Franklin Road and goes eastward towards Bradshaw
to Highway 16.
THE NUMBERS
188 active territories (places Swainson’s Hawks could nest)
126 active nests
57 successful nests (produced young)
83 Swainson’s Hawks born
DISTRIBUTION
(percent of population density)
Interior Area (Elk Grove)- 75 percent
Delta area- 20 percent
Eastern Foothills- 5.3 percent
FAVORITE TREES
Valley Oak
Cottonwood
Eucalyptus
Sacramento Bee Elk Grove Edition Guest Commentary by Jude Lamare on October 4, 2007
Sacramento Bee profiles FOSH President, Fledgling Swainson's Hawks
Sacramento Bee Story on Port Nest and Fledgling Swainson's Hawks, June 29, 2007
Sacramento Bee Story on FOSH President, Judith Lamare, "Fierce Defender of the Hawk"
Swainson's Hawk List Serv at Yahoo Groups
A discussion group for conservation issues facing Friends of the Swainson's Hawk in California, this group facilitates research, analysis, policy development and advocacy to protect the Swainson's Hawk. Posted files include bird lists for Natomas and Fisherman's Lake.