Sacramento LAFCO Meeting - Airport South Industrial Project Sphere of Influence Amendment Hearing
I would like to call this meeting of the Sacramento local agency formation commission to order.
Thank you so much for coming tonight.
My name is Lisa Kaplan.
I am the chair of SAC LAFCO.
The commissioners are locally elected officials who are designated by their respective home
agencies to serve LAFCO.
Our role is to oversee boundary changes of cities and special districts, the formation
of new agencies, including incorporations of new cities and districts, and the consolidation
or reorganization of special districts and cities.
The broad goals of the commission's directive are to ensure the orderly formation of local
government agencies, preserve agricultural and open space land, and to discourage urban
sprawl.
Commissioners must, by law, create municipal service reviews and update spheres of influence
for each independent local governmental jurisdiction within their countywide jurisdiction.
Our meetings are always open to the public and regularly scheduled meetings are shown
live on Metro Cable Channel 14, webcast live on the Metro Cable TV website, and posted
on the county's website.
Comments are welcome.
Tonight, for the agenda, we are commissioners.
We're going to take on public hearing items.
We're going to take the consider and approve the proposed budget first before we get to
the item six.
And then for those submitting public comments, public comments are going to be two minutes.
We are accepting public comments now, so make sure you submit your request to speak.
At the time that I recuse myself and my vice chair takes over in this item comes up, we
will no longer at LAFCO be accepting public comments on this item, so please make sure
you get them in.
I would now like to direct the clerk to do roll call and establish a quorum.
Thank you.
Commissioners Liddle.
Here.
Carter.
Here.
Hume.
Here.
Jones.
Here.
Desmond.
Here.
Pratton.
Here.
And Chair Kaplan.
Here.
You have a quorum.
Thank you so much.
And clerk, do you have any meeting statements?
Yes, I do.
This meeting of the Sacramento local agency formation commission is live and recorded with
closed captioning.
The Sacramento local agency formation commission fosters public engagement during the meeting
and encourages public participation, civility and use of courteous language.
The board does not condone the use of profanity, vulgar language, gestures or other inappropriate
behavior including personal attacks or threats directed towards any meeting participant.
Each speaker will be given two minutes to make a public comment and are limited to making
one comment per agenda or off agenda item.
Please be mindful of the public comment procedures to avoid being interrupted or disconnected
while making your comment.
Please fill out a speaker request form and hand it to the clerk staff.
The chairperson will open public comments for each agenda or off agenda item and direct
the clerk to call the name of each speaker.
When the clerk calls your name, please come to the podium and make your comment.
If a speaker is unavailable to make a comment prior to the closing of public comments, the
speaker waives their request to speak and the clerk will file the speaker request form
in the record.
The clerk will manage the timer and allow each speaker two minutes to make a public
comment.
By email, you may send a written comment by email to boardclickatsaccounty.gov.
Your comment will be routed to the board and filed in the record.
If you need an accommodation pursuant to the Americans with Disabilities Act or for medical
or other reasons, please see clerk staff for assistance or contact the clerk's office
at 916-874-5451 or by email at boardclerkatsaccounty.gov.
Thank you in advance for your courtesy and understanding of the meeting procedures.
This concludes your announcement.
Thank you, Madam Clerk.
And if you're able, can everyone please stand for the Pledge of Allegiance.
Pledge, I pledge allegiance to the flag of the United States of America and to the republic
for which it stands, one nation, under God, indivisible, with liberty and justice for
all.
Thank you so much.
Commissioners, is there any objection to hearing the budget item 7 before 6?
Okay.
So moving forward with our agenda is our public comment.
Madam Clerk, do we have any public speakers for items not on the agenda?
Not on the agenda.
We do not.
No, we do not.
Other for item 6.
All right.
Now moving on, can you read for the next items, please?
Items, the consent calendar, items 2 through 5 to be approved.
Any public comments?
No public comments.
Move consent.
Second.
Seconded.
Okay.
Yes, ma'am.
Are we voting or all in favor?
No, we're going to vote.
You may vote.
Your vote is unanimous and your motion passes.
Great.
We are now moving on to item 7 and we'll come back to item 6.
Madam Clerk, can you read item 7 into the record, please?
Yes.
Item 7 is public hearing to consider and approve the proposed budget for fiscal year 2025-26.
Madam Chair and commissioners, I'm going to try to make this quick because nobody wants
to sit around for a budget talk.
The LAFCO budget is here for your consideration, the draft budget.
As you know, the LAFCO budget is adopted in a two-stage format.
Right now it's the draft.
You would be approving a proposed budget, which would be distributed to all of the funding
agencies.
And then in May, you will be hearing the final budget.
Overall, the budget is the agency contributions have been increased to 5% due to additional
costs associated with operations personnel.
And we tried compensating on the operational costs, but still it warranted a 5% increase.
Page 2 of your staff report, you'll see a side-by-side comparison of essentially what
it looks like from the budget, both from the revenue side and on the expenditure side.
As you know, there are four main funding sources for LAFCO.
One is the interests that the money that we set in the bank garner.
Then we have agency contributions, project revenues, and prior year fund balance.
The project revenues typically are about 5% to 6% of the budget.
They really don't differ that much.
And it's always based upon the level of activity that the LAFCO experiences year over year.
As you know, applicants, when they apply, they are supposed to be compensating LAFCO
for time and expenses for any costs associated with their project.
And so we typically have different rates based upon the salary and benefits for analysts
and for the executive officer, but it's always on a time and materials basis.
We keep track of that.
And typically, like I said, it's about 5% or 6%, never more than that.
Everything else, the bulk of the budget is the agency contributions.
A third is paid by the county.
One sixth is paid by the city of Sacramento.
One sixth is paid by SMUD.
And then the one sixth is paid by the remaining six cities.
And one sixth is paid by the remaining 63 special districts.
And those are all proportionally based upon the revenues that they have gathered over the year.
As I indicated before, the main drivers for the costs are just simply things that are more expensive,
including your staff.
But we tried offsetting as much as we could off by limiting some other expenditures as well.
We don't really expect to have any major surprises in the coming year.
And I recommend that you adopt the proposed budget.
Commissioners, any questions?
Seeing and hearing none, do we have any public comment on this hearing?
Not on this hearing.
I will entertain a motion to open and close the public hearing.
Madam Chair, I so move.
Second.
Moved and seconded to open and close the public hearing.
May I vote?
Your motion passes unanimously.
Thank you.
And then those who have entered, if you have not turned in a request to speak on item six,
please do so now.
This is your last call.
As many of you know, I am going to have to pursuant to a disqualifying interest as determined
by the Fair Political Practices Commission.
I have a conflict of interest in the Lafko Sphere of Influence matter due to my real property
being located within a thousand feet of the Sphere of Influence and this project.
So according to FPPC regulation 18707, I am publicly disclosing this conflict for which
I cannot remain in the room and that I have to recuse myself from these discussions and
I cannot be counted towards obtaining a quorum in this matter.
So I am going to, when I leave, I am turning this matter over to the Vice Chair and Council
member Phil Pluckybaum will join the dais as a voting member.
Madam Chair, I do have an announcement.
We received 79 written public comments and there are still more coming in by email.
Those will be received in file.
Thank you so much.
And so at this point, I will, Vice Chair, you got to pop over to the chair's seat.
This is yours with the notes and I will be leaving the room.
Madam Clerk, do we need to take a brief recess?
Mr. Chair, would you like to take a recess while you switch over?
I think we're good.
We're good?
Okay.
Are you ready for item six?
I'm not Lisa Kaplan.
And he's not Chris Little.
Okay.
Mr. Chair, I was just informed we do have to take a recess because they have to switch
on the computer.
Okay.
Switch out their names.
Okay.
Thank you.
Thank you.
Metro Crabel, could we get assistance, please?
Mr. Chair, may I call Rolls?
Yes.
I'd like to call Rolls to reestablish a quorum.
Commissioner Little.
Here.
Carter.
Here.
Hume.
Here.
Jones.
Here.
Desmond.
Here.
Pratton.
Here.
Pluckin' Ball.
Here.
You have a quorum.
Thank you.
So item six.
Item six is public hearing to consider and certify the environmental impact report
and approve the respective amendments to the Spears of Influence for the City of Sacramento
and Sacramento Area Sewer District, LAFCO Project 2023-03.
Mr. Chair and commissioners, I'm going to ask first if the presentation can be pulled
up on the screen, please.
Thank you.
Mr. Chair and commissioners and members of the public, we're here to review the certified,
certified environmental impact report and consider the approval of the Spears of Influence
Amendment for the City of Sacramento and the Sacramento Area Sewer District.
So the background, before we get into the project, I think, for people who don't know
what LAFCO is.
LAFCO essentially is a regulatory body that reviews the changes in service areas for most
local districts.
Essentially the background on this is that there is a high population growth in the state
as a result of the end of the World War II, and it created a challenge for California,
first to finance and extend services to new areas.
There was also a conscious effort by some agencies to exclude disadvantaged and or minority
populated communities.
This created what was deemed at the time octopus type of districts where you had tendrils extending
all over the place, but they were purposely excluding some communities, so they were just
being done in a very inefficient manner.
So in 1963, LAFCOs were created by the state in order to essentially regulate the growth
of local agencies that provided most municipal services.
And LAFCOs have four missions.
It is to encourage orderly urban growth and development to prevent urban sprawl, leapfrog
development and scattered urbanization, to encourage the logical formation and determination
of boundaries and coordinate property development standards and encourage timely urbanization,
to ensure the affected populations receive adequate and efficient government services,
and to guide development away from open space and agricultural land uses.
As you can see, some of these items can be in direct conflict with each other.
The state does not give preference to one or the other.
It basically gives the commission the discretion to evaluate what factors you should be reviewing
as part of any individual project and make that decision based upon the individual facts
of the case.
So LAFCO is a hybrid entity.
We are a state agency, but with local representation, we do not report to the governor.
We do not report to the legislature.
You are your own body.
So there are two main regulatory functions that require or that you have discretionary
decision making over.
One is to set the sphere of influence for each agency, which is defined as the probable
ultimate physical boundaries of a service area of a local government agency.
And number two, to alter the service boundaries of local agencies.
Most people think of it as growth, but in some cases, it could be the dissolution or
the removal of service area depending upon, again, the factors that are before you and
the facts that are before you relating to service.
And in fact, for folks who are interested in the last commission meeting, you actively
dissolved a district.
You voted to dissolve it because it was not providing sufficient or adequate services
to its residents.
And you annexed that service area into a district that has had a proven performance of being
able to deliver good, portable water.
So it's not just growth, but it's also reviewing how the service is being provided.
Just for the audience to know, LAFCO has no jurisdiction over land use.
That policy area is strictly reserved for cities and the counties.
That means that LAFCOs cannot say we will put 300 homes instead of 200 homes.
That's the purview of a city or a county.
What LAFCOs can do is to decide whether or not there are sufficient resources to be able
to provide service to a proposed land use.
The courts have kind of made it very difficult for you because you're not supposed to be
looking at land use, but you also can't ignore it either.
So what the courts have basically indicated is that you are to review a certain proposed
use of land.
And based upon that proposed use, can an agency provide services to that area?
So while you can't ignore that the current project maybe have houses or hotels, what
you do know is that because that is a proposed land use for this area, you get to evaluate
whether or not there are sufficient resources to be able to provide services based upon
that land use.
So all LAFCO actions for changes in boundaries, which is number two in that slide, must be
consistent with an agency's sphere of influence, number one.
So you always have to make sure that the sphere of influence reflects any future annexation.
These are, and for the members of the audience, you should know these are two separate actions.
One does not beget the other.
And we'll talk about that a little bit later in the presentation.
So just because a sphere of influence is approved does not mean that annexation is imminent
and does not mean that annexation is guaranteed.
An action considered today is setting the sphere of influence for the city and Sacramento
and Sacsour only.
That is your only question tonight.
So what factors do you use for the spheres of influence?
The main factors are included in government code 56-425.
I'm not going to repeat them.
They're up on the slide.
They're on the staff report.
But essentially you're looking at essentially two basic questions.
Again, does an agency have the ability and the capacity to extend services to an area
without having a detrimental effect upon its existing customers?
So it all boils down to those two questions.
Because if you find that an agency cannot extend services without being harmful to existing
residents in terms of the ability to, let's say, providing water, or let's say that you
remove staffing for one fire station, in those instances you cannot or should not approve
that sphere of influence change.
But what determines whether or not you have the appropriate services?
That's what a municipal service review is.
It's included as part of your staff report.
And what a municipal service review does is that it reviews an agency and how it's providing
services right now.
And then based upon that data, it extrapolates how much it's going to be providing services
in the future.
So based upon the data of how it's performing now, you use it to try to make reasonable
conclusions about what's going to happen in the future.
A targeted MSR was prepared for this project.
And this is because of timing.
When the application was started, the city had already started its general plan update,
but it had not been completed yet.
And the general plan update, the draft of it included a section that indicated that
the city was going to initiate a citywide municipal service review upon adoption of
the general plan.
And so because the timing wasn't quite working out and a citywide MSR was going to take so
long, the decision was made to do a targeted MSR.
So that it would look at the services that are being provided by the city in that specific
general area of the sphere of influence amendment.
So that because typically that's where the sewer lines are going to be extended.
That's where the water lines are going to be extended.
That's where the fire or police are going to be dispatched.
So the targeted MSR is intended to look at not the citywide as a whole, but more of the
northwestern edge of the city of Sacramento and whether or not there's sufficient facilities
to be able to extend services to that area.
And then you use that data to extrapolate the sphere of influence.
So the project description, talking specifically about this.
It is 472.4 acre.
It currently consists of undeveloped agricultural land.
It is currently located within Sacramento County outside of the city's urban services
boundary and the urban policy area.
That is the, sorry, the county's urban services boundary and urban policy area.
The county's USB and UPA does not hinder the city of Sacramento from being able to go beyond
those lines.
That is a county planning line, not a city of Sacramento line.
The site is bound to the north by I-5 and it's east of the, in the east side by the
city of Sacramento, by the west by Powerline Road.
The south of the project areas the Paso Verde K-8 school and additional agricultural land
that is in Sacramento County.
The request before you basically are two sphere of influence amendment requests, the city
of Sacramento and for Sac sewer or the Sacramento area sewer district.
This is a map of the land.
As you can see, to the western side there's active or already developed land.
To the north there's the active Metro Air Park project that's administered by the county
of Sacramento.
To the northwest is, you can see a portion of the airport.
And then to the west right now it's agricultural land but it's slated to be a charging port
or charging station for electric vehicles.
The proposed used is, as you can see from this map, essentially includes warehouses
and hospitality with some retail associated with it.
The retail and the hospitality are pretty close to the existing Metro Air Park interchange.
And then the industrial facilities are located just a little bit beyond that.
This is a map of the area.
The project site is bounded in black.
So it's the same area as the aerial but you can see in here that essentially the development
as proposed is going to be along the power line, Metro Air Park interchanges.
And then the parcel to the southeast right now is part of what's called non-participating
parcels.
The non-participating parcels are essentially the areas owned by Caltrans and again that
large parcel to the southeast.
So the background again on the project in May 2021, the application for the sphere of influence
amendments was submitted to LAFCO and on July 31, 2021, the city of Sacramento and LAFCO
entered a memorandum of understanding relating to the preparation of a coordinated environmental
review process for this project.
CECA essentially requires that you don't essentially have multiple environmental reviews.
Instead, you're supposed to have one that encompasses the entirety of all the discretionary
actions that are supposed to be taken by all agencies.
Given that spheres of influence and annexations and there's entitlements involved and the
timing, it was determined at the time that the best course of action was to just jointly
create the environmental review for this project and the EIR was prepared.
And what you're certifying tonight specifically is the EIR for the sphere of influence amendment.
The EIR itself encompasses all other discretionary actions as CECA requires, so it would include
the entitlements that will be before the city of Sacramento should you approve the SOI
amendment and it will also include the future annexation should an application actually be
received by LAFCO to annex this land.
So CECA requires that you have all those that you review, all of the environmental effects
for all of these discretionary actions, but for tonight specifically it's only on the
certification of the EIR is really specifically only to the action that you're taking tonight
which is the sphere of influence amendment.
So the targeted MSR was prepared to evaluate the SOI amendments for the city and the SAC
sewer.
The city of Sacramento will be conducting a citywide MSR as I indicated.
That's part of the city's 2040 general plan.
The SAC sewer had actually also had a municipal service review conducted as part of its reorganization
with the then Sacramento area sewer district and the then Sacramento regional county sanitation
district.
The commission approved this MSR in 2023.
So the sphere of influence amendment again it's the pertinent government codes 56076
and 56425 which was up earlier.
The question should be whether or not the SOI should be expanded.
The city needs to consider the capacity and capability of the agencies to expand the services
without compromising the services of existing residents.
If the SOI is expanded does that mean that the site to the annexation of the site to
the city is a foreground conclusion?
The answer is no.
We discussed it in the staff report but essentially it boils down to this.
Number one, LAFCO can approve an SOI but it doesn't mean that you're foreshadowing annexation.
That is there's no timetable.
You're not approving.
You're not signaling a future annexation.
All you're doing is whether or not extending the SOI makes sense at this time.
Second, it's not annexation is not a foreground conclusion because LAFCO has competing goals
and because of that the law requires you to make each decision based independently and
considered based on its own facts.
The facts that you're considering tonight are relevant to 56025 which are the factors
for the sphere of influence and the appropriate policies and standards in your policy standards
and procedures and those are included in attachment F to the staff report.
Here is a map of the sphere of influence for the city of Sacramento.
It's designated in the black line and currently in that area.
It's concurrent with the city limits.
So the black line that you see that is associated city of Sacramento, that is the extent of
the SOI of the city and the yellow portion is the airport south industry which is the
sphere of influence amendment you're considering tonight.
For SAC sewer, their service area currently also encompasses the airport and so the shaded
area is the entire service area and the sphere of influence for SAC sewer at the moment.
The yellow area again is what you're considering tonight.
So the California Environmental Quality Act, LAFCO and the city of Sacramento prepared
a joint environmental impact report.
The notice of preparation was sent out on March 4th and it was open through April 4th, 2022.
A notice of availability of the draft EIR was released to the public in May 21st through
July 17th.
You yourself actually received public comments on the draft EIR at the June 12th, 2024 hearing.
The EIR provides an evaluation of all the potential environmental impacts associated
with the development of the project area.
Environmental impacts are less than significant or less than significant with mitigation
with the exception of the following sections, aesthetics, agricultural resources, air quality,
greenhouse gases and energy.
Then the Tomas Basin Habitat Conservation Plan is included in here.
The conservation plan was designated to protect the endangered species and their habitats
within the Tomas Basin.
It is shared effort by various agencies to balance the development of urban areas and
the preservation of natural ecosystems.
Mitigation requires the preservation of offsite farmland at a ratio of one farmland acre converted
to urban uses outside of the NBHCP policy area to half an acre preserved, which combined
the biological resource mitigation results with an overall preservation of one-to-one
ratio.
I do have a small correction to make on the section of the staff report on page seven.
Essentially the strikeouts are relating to the county overseeing or having anything to
do with the Habitat Conservation Plan.
The county observes the HCP, but there's not a signature to the HCP.
As a result, they don't actually coordinate or ensure that the HCP's requirements that
are here.
That was an error in the staff report.
Essentially that paragraph for Sacramento County should read, the county is a key local
agency overseeing land use, planning, zoning, and development in the region.
However the county is not directly required to offer other properties outside of the designated
in the Tomas Habitat HCP area for development mitigation.
This is because in the Tomas Basin Habitat Conservation Plan specifically outlines a
framework for mitigation within the plan's boundaries.
The county's role primarily involves enforcing local land use regulations.
Period.
So your S.Y. determinations.
The proposed sphere of influence are consistent with Cartesian-Nutz-Wirchberg.
This is your staff's evaluation.
There's a detailed information provided in the report packet.
The determinations include the president planned land uses, president probable need for public
services and facilities, present capacity of public facilities, and adequacy of public
services.
The existence of any social economic opportunities of interest in the area and the president
probable need for those public facilities and services of any disadvantaged unincorporated
community.
Those are all consistent with the government code 56025.
Sorry, 56425.
So the staff recommendation is that you adopt resolution LAFC 2020-509 making findings and
certifying environmental impact report, including adopting the statement of overriding considerations.
And mitigation monitoring and reporting program consistent with the California Environmental
Quality Act and directing staff to file a notice of determination and compliance with
CEQA.
You're also to adopt resolution LAFC 2025-10 to approve the request of sphere of influence
amendment for the city of Sacramento.
Adopt resolution LAFC 2025-11 to approve the requested sphere of influence amendment for
the Sacramento area sewer district to direct the executive officer to complete the necessary
filings and transmittals and to determine the effective date of the approval to be five
working days.
So typically your public comment period after you ask questions of staff is two minutes
per person.
There was some slight confusion.
Back in the summer of 2024, the ECOS had requested to provide a presentation to you on the Natomas
basin.
Time was granted as a separate presentation on this agenda.
And we coordinated with the applicants to, or sorry, with ECOS to present for about 15
minutes on the habitat basin.
And this is based upon the sample of the presentation that was provided last summer.
And though it touched upon the item tonight for the sphere of influence amendment, primarily
it was directed about the Natomas Habitat Conservation Plan.
So that's why arrangements were made to have a separate agenda item for them to make a
presentation.
When staff received the outline of the presentation, it was very clearly specific to airport south
and the sphere of influence amendment.
Because of that ECOS presentation couldn't be a separate item on the agenda.
It had to be rolled under this item.
So due to the confusion, staff recommends the LAFCO still honor their request to speak
and present to the commission with the allotted time that we had specified.
So this is the recommended process for providing comment on this item.
Staff presents the staff report, which we just finished.
The commissioner then questions, commissioner questions and comments to staff.
Then after that ECOS is allowed to make their presentation.
Then it would be the agency representative for the city of Sacramento.
An extension to speak was also granted to SACSU or which they declined.
Then the applicant representative, if so desired, is allowed to make a presentation.
And then all other members of the public who would like to speak have two minutes.
And I believe your Madam Clerk has received all the requests to speak.
And they will be taken up in the order in which they were received.
So that ends my presentation.
Be happy to answer any questions you may have.
Questions?
Mr. Hume.
You covered a lot of this in the PowerPoint, but I just want to kind of pick out some pieces
for edification for the members of the audience and also as a refresher for those of us up
on this diast.
Who is entitled or what is the process for initiating a sphere of influence application?
That's a very good question.
Essentially, there are three main categories of people who can initiate an SOI.
One could be an agency.
City Sacramento could have asked for that.
The other ones could be registered voters that are in the area.
They could also petition to have that SOI or the landowners.
In this specific case, it was the landowners who requested the SOI amendment.
Okay.
And then obviously there has not been a hearing or a public discussion at the city on this
item.
U.S.
The same thing about MOU to prepare the EIR, the city let the contract for that firm to
prepare the EIR.
They have managed that process themselves.
It was essentially overseen by both entities.
We're specifically talking about the EIR but also the MSR is strictly the LAFCO purview.
Correct.
We reviewed the MSR, we didn't prepare it,
they was prepared by a private consultant.
Sure.
But it was done under our direction, under staff's direction.
Which the two documents are fairly different
in their purpose and in their execution.
And the MSR simply says,
is there the available utilities and services
to be provided to this area?
Were it to develop?
Whereas obviously the EIR says,
if this is to develop in this manner,
these are the impacts that it will create
and how those impacts will be mitigated.
That's correct.
Right, so one's just sort of like, can it happen?
And the other one is, if it happens,
this is offsetting things that can be initiated.
And so then that brings me to this question,
which is you said the EIR encompasses essentially
contemplates all of the entitlements
that would be associated with this project.
However, our purview is only the determination
on the sphere of influence boundary.
And then it would go to the city to be processed
as a project application.
And the city at that point obviously
has the land use discretion,
but because the EIR has already been prepared,
I assume that would be the threshold
for the maximum allowed impact.
And the city could only whittle down, they couldn't pile on.
Correct.
And the city also has to certify
that EIR is part of their process as well.
Okay, so as a separate action.
Correct.
Laugh code certification again is specific to the SOI.
It doesn't certify the EIR for the city.
The city still has to take that action on its own.
Okay, that's all I have for now.
Thank you so much.
Mr. Desmond.
Thank you.
And thank you, Commissioner Hume.
Some of the same questions about the EIR.
I really appreciate you taking the time
to explain the process.
I think that's really important,
especially for members of the public to understand
really what the scope is of our decision-making tonight
as a Laugh Code body.
And I think that's a great point
that Suvarsha Hume brought out,
that we are not making a decision on the annexation
or the entitlements.
Correct.
We are making a decision about the completeness of the EIR
and whether the municipal services
can be accomplished in this area.
I did have a question,
and maybe you can explain it a little more.
You touched on it, how this area is outside
the urban services boundary for the county,
and it's not even contemplated, obviously, for the city.
Explain what that interplay is
and what Laugh Code's role in evaluating that
in this process.
Sure, so it's not part of the city's general plan in 2040,
simply again, because of the timing.
By the time the application was being processed
and the request came in,
and the city might, when the representatives up here
can probably share more insights,
and she was here, but I was not.
But my understanding of the timing is that
the parameters of the general plan
had already been established and determined,
but the general plan itself had not been completed
when this application came to be.
And so it was a matter of timing that
it was too far into the process
for the city's general plan to backtrack
to accommodate the project,
but it was not far enough to be able to basically shut
the door and say you're done.
So I guess my question is what implications does it have
for our decision that this is outside
the county's urban services boundary
and not even included in the city's general plan?
If any, does it have any weight or bearing
on the decision we make with respect to the EIR
and the sphere of influence?
It can, it can because the reality is that
you're contemplating as part of this process,
annexing land that could be developed
that is both outside of the general plan for the city,
and it's outside the urban services boundary
for the county.
It is really a greater thing to consider
at the annexation phase versus the SOI,
but clearly an SOI essentially is down this path, right?
But as I indicated earlier, there's no,
you taking action on the SOI right now
doesn't immediately say this land is annexed.
It doesn't say it's gonna get annexed tomorrow,
and it doesn't say that it'll ever be annexed.
You're just indicating whether or not
it makes sense to include it in the sphere.
But that can be a factor you can consider tonight
because of the fact that it's not,
the entitlement process will be part of amending
the general plan as well.
So at the moment that has not been contemplated,
and it is outside the county's determination
for an urban service boundary line,
the county at this moment still considers this to be
agricultural undeveloped land.
So it can be a factor in your consideration tonight.
Thank you.
Any other questions?
Okay.
All right.
If I may ask to have the presentation by Ecos pulled up
and ask former mayor Fargo.
Good afternoon.
Good evening.
The microphone?
Okay.
Okay, now am I close enough to the microphone?
Okay.
Good evening.
My name is Heather Fargo,
and I am here tonight speaking on behalf
of the Environmental Council of Sacramento.
I am the president for 2025 of Ecos,
but I am also the former mayor of Sacramento.
I'm the president for 2025 of Ecos,
and I am also the former mayor of Sacramento
and former council member for this area and many others.
And I served on the city council,
being council member and mayor from 1990 to 2008.
And not only were we involved in a lot of issues
throughout the city and specifically downtown and midtown,
but Natomas was a big issue at that time.
And I'm also a resident of South Natomas
and have been for a few decades.
And I've spoken with all of you about this project
in the past, so I really wanna thank Jose
for giving me an opportunity,
giving Ecos an opportunity to present some of our concerns
about this project and about the decisions
that are before you tonight.
We formed a group,
I guess it would have been right after this item
initially went to the city council.
I sort of have an odd habit of occasionally,
maybe more than occasionally looking
at the city council agenda to see
what they're up to these days.
And I found on the consent calendar this item
that had to do with an annexation
in the non permitted land of the Natomas basin conservancy
and it kind of caught me by surprise.
I talked to some of my environmental friends
who were also involved in establishing
the Natomas basin habitat conservation plan
and they hadn't heard about it either.
So we asked it to be pulled from the consent calendar
so we could address the council on it
and express our concerns and have a,
what we hope would be a robust discussion
about whether or not the city even wanted
to annex land in the farmland.
Unfortunately, it was pulled off the agenda.
We asked it to be pulled off the consent calendar
but it was pulled off the complete agenda
and it never went back to the city council.
So this item, I just want to be really clear
that you're voting for something that the city of Sacramento,
which really can only be expressed by the city council,
not by the city manager or staff
has not taken a position yet on.
They have not, there has not been a public hearing.
This is the second public hearing that we've had
on this item and both of them have been here at Lafko.
None have been before the city of Sacramento.
And I hope that you consider that and discuss that
as you go forward.
I was also chair of SACOG when we established
and the region supported and voted on the SACOG blueprint,
which also established a boundary for development,
kind of encouraging where development should be
and where it shouldn't be.
And this particular project runs counter
to both the conservancy of the Habitat Conservation Plan
as well as the SACOG blueprint.
But at the time, we thought because we had been so concerned
about the habitat of Natomas and the farmland
that we had taken care of the boundary issues.
We thought that by having a city limits,
by having the urban services boundary line in place,
by establishing the Habitat Conservation Plan
and the SACOG blueprint that we had made it really clear
as a region and as a community,
not just in Natomas community, but the city of Sacramento,
that we weren't gonna build anymore
in the farmland of Natomas,
that that was going to be preserved.
And we thought that was especially true
because the city signed a contract
with the state and federal wildlife agencies
that they would not build in the farmland.
That was the contract that we had to sign
in order to develop North Natomas.
It was a requirement for the city to engage in the Natomas,
sign on to the Natomas Habitat Conservation Plan,
which we did and we did willingly.
And we signed a contract saying that we wouldn't build
in the farmland and we wouldn't build
outside of the permitted areas.
This project is outside of the permitted areas.
We signed, Senator County signed,
Sacramento County chose not to sign
because at that point in time,
we also had an agreement called the Natomas vision
where the county agreed they would take care of the airport
and the farmland and the city
would do the development in Natomas.
And there wasn't a question of the county building
in the farmland because they had decided
that wasn't what they were going to do.
So I wanna give you a little bit of an understanding.
I know not everyone here, in fact,
there was no one on the dais now that lives in Natomas.
I'm sure you drive through it on your way to the airport.
But this is in fact the Natomas basin.
The general outline of the Natomas basin
is shown there in black.
The blue line is the county's urban services boundary line.
It clearly includes the airport and Metro air park.
It clearly includes the city limits of Sacramento,
both North Natomas and South Natomas.
But none of those pink or green projects or areas
are out or within the urban services boundary.
They are all outside
of the county's urban services boundary line.
And the areas that are hatch tagged are the permitted areas.
Metro air park has permitted areas, obviously,
and the city of Sacramento.
Sacramento County has zero, other than the airport,
because they chose not to be a part of the agreement,
of the plan.
And as Jose said, there are really only two decisions
before you tonight.
One is whether or not you think that EIR is worth certifying
and whether or not you feel comfortable
issuing the statement of overriding considerations
that you're going to have to do.
And also whether or not you want to change
the city's sphere of influence.
So those are the things that are really before you.
And one of the reasons that we are specifically concerned,
airport South, and does this have a pointer?
Probably not.
Oh, it does.
Okay, right there, if I can hold my hand steady.
Airport South is this smallish project,
small by Natomas standards, I guess.
It's only 450 acres, I guess today I found out
it's 472 point something acres.
We've wandered between 450 and 475.
But that project is the one that you're voting on today.
The other two projects in salmon color
are projects that we're very concerned about,
that this could be a precedent setting action
that would give those two projects some kind of a red light
that we're all okay going outside
of the urban services boundary line
and building in farmland once again.
When we have an agreement not to do that.
So what we want you to do today is to use your policies.
Let's see if this goes up.
Say that again, the bottom one.
No, that just goes backwards.
What am I supposed to be aiming at?
Maybe I'm not aiming in the right location.
What am I, what is, what am I, I'm aiming at the picture.
I shouldn't be aiming at the picture.
Okay.
So this is forward, right?
Yes.
Yeah, that's what I was pushing.
Okay, so here's the airport, South Industrial Project.
And so obviously it's in salmon at this point.
And what you see in the reason that a lot of people
lined up behind me are gonna be speaking to you tonight
is they either live in the Westlake area
ameliorately to the East here,
which is an existing neighborhood,
or they send their kids to the elementary school,
which is just south of these proposed warehouses,
or they care about the habitat,
which is being preserved just also
to the south of the project.
So I want you to see just how close
these million square foot warehouses are going to be
to where people currently live
and where they were promised it would be
open space behind them,
and where people are sending their children to school.
Obviously this is not the right location for this project.
What we want you to do when you,
okay, maybe I'm supposed to put this one.
Jose.
Towards what computer?
Where is the computer that I'm aiming towards?
Oh, you're done, you just press it.
Over?
Yeah, just the.
Okay, I must be pressing in the right place on there.
Okay, so I want you to actually see
what the site looks like.
This is the land, it's called vacant,
but it's really not, it's nature, it is habitat.
This is the housing of the Westlake neighborhood,
right adjacent to the project site.
And as you can see, there's a pile of hay
over to the far side there,
clearly still agricultural land.
You know, my legs aren't good, but my hands are okay.
I don't know why this is.
Okay, thank you.
Sorry about that, everybody.
Okay, so the project boundary,
the southern edge is on the left side of your screen
and the northern edge of I-5 and Bayou Road is on the right.
Part of why I wanted you to see the canal
is that this canal shows you that these aren't
the standard canals in Sacramento County
that are paved and concrete,
and you know, there's really nothing living in them.
These are actually habitat still,
and they are homes to a lot of critters
that take advantage of them.
Next slide.
And I wanted you to see what tomatoes in the Thomas look like
before their for sale at Perry's.
And, but obviously,
clearly it's still considered prime farm land,
both in your EIR as well as by the County Farm Bureau.
Next slide, please.
And then I wanted to remind you of these.
Jose went through these as he was going through this,
and these are the main goals of Lafko
that we want you to consider when you look at this decision.
You're supposed to be looking at orderly formation
and an orderly process.
We do not consider, as you can tell by the confusion
of the discussion already,
this has not been an orderly process.
But your main two goals are preserving open space
and prime farm land and discouraging urban sprawl
are very important,
and we don't think that this project meets the criteria,
and we hope that you will join us in opposing it.
This is a developer initiated project, as you heard.
There are several ways it can be done,
but I need to mention again,
this has not been to the city council,
and I hope that you make, that you discuss that.
But regardless, you can't ignore your own goals and policies.
We wanna make sure that you respect
other agencies' decisions as well.
Next slide.
Because a lot of things have led us to this point.
We have a county urban services boundary line
that is rarely crossed.
We have an Atomous Space and Habitat Conservation Plan.
We have a county transportation,
regional transportation plan and the Saacog Blueprint.
We have the Atomous Habitat Conservation Plan
and the city general plan and the county general plan.
Now, you mentioned the city general plan,
and yes, this project came in late,
but we just spent a lot of time at the city
producing a new general plan.
This project was never discussed.
A lot of public hearings where it could have been brought up,
it never was.
This project is not in any way in the city's general plan.
So, why is ECOS opposed to the EIR?
Let's go to the next slide.
Again, we think this is the opposite
of orderly development.
City council has not requested this SOI.
The city council has never held a public hearing on it.
Lafko cannot adopt a statement of overriding consideration,
which has all kinds of things written in it that says,
the city will do this and the city will do that.
When the city hasn't done it,
that's what you're being asked to approve tonight.
I hope you read it closely.
And Lafko alone should have been the lead
on the SOI amendment and on the EIR, we believe.
We don't think it should have been a dual agency,
a dual lead.
We think that has led to a very confusing process,
which is gonna make your decision harder, I believe.
The EIR downplays the growth inducing aspects
of this project.
It downplays, it pretty much doesn't even mention
the Natoma Space and Habitat Conservation Plan
and the impacts that this project will have on that plan.
It identifies several issues, significant issues
that cannot be mitigated to less than significant,
as mentioned, air quality next to a school
and a neighborhood and also the loss of farmland.
It doesn't come back.
We have so much farmland.
It's a huge part of the Sacramento County economy.
We should try to remain the farm to fork capital
and you can't have farm to fork if you don't have the farms.
So we think it's important to hold on to this land.
So we don't see how you justify this project.
We think that the EIR also didn't pay enough attention
to alternative sites because of the way the applicant
who is the one who came in for the SOI,
their objectives are the ones that are being sought,
not the city's objectives.
And so the way the developer wrote the objectives,
you really can't meet them anyplace else.
But if you wanna build warehouses to serve the community,
you can build those elsewhere.
There's space available, other places,
there's places that are already zoned,
there's places that are already available.
In fact, we see these warehouses as competing
with existing people and existing developers
that have followed the rules,
that have built buildings where you ask them to build them
as opposed to this site,
which there is no demand for other than
by the project applicant.
So next slide please.
Again, we're asking you to vote no
on both the EIR and the SOI.
Next slide.
Oops, I skipped ahead of this
and went ahead and talked about it anyway,
but it's a nice picture, so take a moment
to look at Natomas and the coastal range in the background.
Okay, next slide.
We're actually very concerned about your statement
of overriding consideration, so please look at that.
And please look at the fact
that there were other sites were not considered.
Okay, next slide.
So we also want you to vote no on the SOI,
obviously the EIRs, first SOI, second.
We consider this to be precedent setting.
And when you look at how that finger goes out there
of the airport south, out on its own,
it kind of indicates that maybe that's the direction
we want the city to grow, and it isn't.
It hasn't been in the past and there is no
really consensus that that's where we should go
in the future.
Clearly one of your major roles
that we've all relied upon you for decades for
is to save farmland and reduce sprawl, and this is both.
We think that the impacts haven't been clearly documented
or mitigated.
You'll hear more about all of this
from other people speaking today.
And I think one of the big things for me,
having been involved in so many of these plans in the past,
is it undermines the decades of planning we've done
that have gotten us to this point.
Next slide.
One of the things I want to mention
about the TOMA Space and Conservancy
is that the TOMA's Habitat Conservation Plan,
we have what's called a one half to one ratio,
where for every acre that is developed in North TOMA's,
we are required to set aside a half an acre
of open space and habitat.
And that's a good deal from the state and federal agencies.
Typically it's one to one or more.
And maybe it should have been in this case,
but we got the one to one and a half
because we had agreed to save the farmland.
The farmland in TOMA's is foraging habitat and habitat
for the 22 species that we are trying to protect
as a part of that conservancy,
which once again is a contract between the city of Sacramento
and the state and federal agencies,
as well as Sutter County.
Next please.
So this shows you the urban services boundary
and it's a county wide policy
that clearly much more has been preserved
in the southern part of the county
and a lot of that has to do with the Delta.
Of course, when the urban services boundary was established,
they were looking at natural dividing lines,
areas that should be developed versus not,
natural areas, looking at prime farmland.
And so those are the parcels that are still being retained
in Natomas, which of course is very small compared
to the rest, but they're very significant
and they're very key.
The biodiversity in this area is really extreme
and you'll be hearing more about that as well.
Next slide.
So the Natomas based and Habitat Conservation Plan,
there's just a couple of pictures here
of the critters that we're trying to keep.
There's a lot of threatened species up there.
I've already mentioned it's a legal contract
and there's 22 species we're trying to protect.
Next slide.
And then we also think that there is an ample supply
of land elsewhere to build warehouses
if that's what the city decides they want.
This is just one picture of many,
you'll be seeing more of places
that this sign is out there at Metro Air Park
trying to finish the project.
And we've listed a number of sites
that we're not looked at in the EIR as alternates.
And so then the question is,
why does ECO suppose the project?
Why wouldn't we want to have warehousing?
And we're not opposed to warehousing,
we're just opposed to the location.
And so this is, as Chris Little's real estate industry
would say, it's location, location, location.
And this is the wrong one.
Our concerns have to do with the increased air pollution,
especially near a school and neighborhood,
the increased noise and light pollution
that this is gonna create and devalue the livability
of the neighborhood next door,
the increased traffic,
which is gonna make the congestion on I-5 and I-80
even worse than it is today and less safe,
the loss of farmland and foraging habitat,
the impact on climate change due to the loss of open space,
and the safety issues for the airport
because we're gonna be attracting more birds
in the strike zone of the airplanes.
So this is six million square feet of warehouse
in the wrong location.
And we are hoping that you will join us
in not certifying the EIR and not certifying
and not approving the SOI.
And lastly, I wanna let you know
that ECO is not alone in its opposition.
We've had a petition on our website for a couple of months
and we stopped it today.
Well, we didn't stop the petition.
If you haven't signed up, you still can.
But as when we printed it,
and I have a copy to give to the clerk,
we had, I believe, 893 signatures already.
And I do have a map here as well,
which shows where the predominant number of people have signed,
but it really is throughout the region.
And so we wanna make sure you realize
that there are a lot of people concerned
about open space in Sacramento
and a lot of people that don't want you to do this.
And at this point, I would like to ask the people
in the audience who are opposing this project
to please stand or wave their hand,
because I think you will see that
you probably recognize some of them.
We've been working on this for quite a while
because this has been going on now for about four years.
But I really wanna thank you for your time and attention.
And if you have any questions for me,
I'd be happy to answer them.
But thank you again, Jose, for the time.
And please join us in voting no.
Thanks.
Can you give this to you?
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Do we have any,
any comments from up here?
Hearing none, I'll queue up the next presentation,
which will be by the city of Sacramento.
If that can be pulled up, please.
Thank you.
Okay.
Good evening, Chair and commissioners.
My name is Cheryl Hodge,
the new growth manager with the city of Sacramento.
I oversee anything related to the city's boundary.
And I also manage the implementation
of the city's Natoma Space and Habitat Conservation Plan.
The city's existing sphere of influence
was adopted by the Sacramento LAFGO in 1981.
And since that time, it's been periodically updated.
The proposed sphere of influence amendment
is consistent with the city of Sacramento,
2040 general plan that provides policies relevant
to sphere of influence areas, logical boundaries,
annexations and provisions of provision
of city, municipal services, excuse me.
The sphere of influence amendment is located
within the area designated as Natomas Space and Study Area
per the city's general plan.
The city's adopted North Natomas Community Plan
overlaps the sphere of influence amendment.
The community plan was originally adopted back in 1986.
The sphere of influence amendment is also located
completely within the Natomas Space and Habitat
Conservation Plan area,
which covers the entire Natomas Space and.
I appreciate the earlier presentation and concerns raised
about the potential future growth in Natomas Space
in relative to the Habitat Conservation Plan.
And I'll refer to it as the HCP.
The sphere of influence amendment provides a future,
I'm sorry, the sphere of influence amendment provides
an opportunity that can benefit the city's HCP
rather than handle it.
The city is the only land use jurisdiction
in the Sacramento portion of the Natomas Space
that is a signatory party to the HCP.
Yet none of the unincorporated Sacramento County area
of the Natomas Space and is located within our SOI.
Leaving the area outside of the city's SOI
does not provide any assurance that the area
won't be developed in the future.
And it certainly does not provide HCP protection of the area.
Sacramento County is not a party to the Natomas Space
and Habitat Conservation Plan, but the city is
and has been committed to the Habitat Conservation Plan
for over 25 years.
To get a better understanding of the early days of the HCP,
this graphic shows that in 1999,
the Natomas Space and Conservancy acquired 1,317 acres.
That was the ownership of open space for HCP
that they had been able to purchase.
Also mentioned that the HCP requires the Conservancy
to acquire a total of 8,750 acres that provides
the complete mitigation acres to cover the allowable
combined development of Sutter County,
the city of Sacramento and Metro Air Park.
Fast forward to 2025,
the Natomas Space and Conservancy now owns over 5,300 acres.
This vast majority of acreage that's been acquired
has been a result mostly from the city's development
that's occurred in North Natomas and South Natomas.
An incredible achievement in the completion
is the completion of a 2,500 acre HCP Reserve Block,
which is required by the HCP to be completed
by year 2052, but it's already been,
that milestone has already been met.
The areas shown in yellow on this exhibit
depict the city's remaining development
that is subject to the HCP.
As you could see, there is not much remaining
that will be subject to HCP impact fees and mitigation.
The Sphere of Influence Amendment acreage,
if potentially annexed in the future,
does not cause any HCP exceedance
of the city's 8,050 acres of development maximum.
The basis for consideration of a Sphere of Influence Amendment
pertains to urban sprawl,
preservation of farmland and open space,
efficient provision of municipal services
and orderly development.
Three sides of the Sphere of Influence Amendment
are bounded by urban development.
The Sphere of Influence Amendment area consists of lands
and proximity to Sacramento International Airport.
In 1957, over 6,000 acres in Natomas Basin
was acquired for the airport
and to also provide open space
for the protection of the airport
from encroachment by urban uses.
Urban sprawl is typically not characterized
as development occurring in an area
bounded by multiple sides of existing urban uses.
The Sphere of Influence Amendment adjacent urban uses,
and you've heard this earlier, includes Interstate 5 Freeway,
Metro Air Park Interchange, roadways,
nearby storage facility, residential development,
Paso Verde School, and across Powerline Road
is the county-approved 100-acre Watt EV
innovative freight terminal slated to start construction
in the fall of 2025.
Agricultural uses in the Sphere of Influence Amendment area
has been minimal, especially following urbanization
of the adjacent areas.
Agricultural and the media area has been challenging
due to the complaints raised by nearby residents
regarding rodents, dust during harvest,
as well as concerns about the use of pesticides.
This in turn has resulted in the productivity potential
of the area being limited.
If the Sphere of Influence area were to be annexed
in the future, the provision for agricultural
open space lands for mitigation would be in a location
better suited for farming activities,
and the mitigation lands would be preserved
through conservation easements or similar mechanisms.
One of the objectives of determining a Sphere of Influence
is to distinguish the capability
for providing efficient municipal services.
The city's capacity to provide such services
is addressed and documented in the municipal services review.
The Sphere of Influence Amendment acknowledges
that the municipal services review,
municipal services could be provided by the city.
The Sphere of Influence Amendment does not approve
any development of the area,
but it does provide for the city and its residents
to have a greater role in the future planning of the area.
I've provided a lot of information.
This is the CliffsNotes version,
probably could do quite a bit more
on the Habitat Conservation Plan,
but to recap some main points, please consider the following.
Sphere of Influence Amendment area is recognized
in multiple adopted plans,
including the city's 2040 general plan,
the North Nathomas Community Plan,
and the Nathomas Space and Habitat Conservation Plan.
The Sphere of Influence Amendment area is an area
that could receive efficient municipal services from the city.
The Sphere of Influence Amendment will not impact
the ability of the HCP Conservation Strategy
to be completed, but can potentially help aid
in advancing it.
Any changes in land use, zoning, proposed development,
or potential annexation, all would be subject
to required public hearings and actions in the future
by the city of Sacramento and Lafko.
Any actual development of the area, if it were to occur,
would be subject to applicable approvals
from the Wildlife Resource Agencies,
which are the same agencies that are signatory parties
to our Nathomas Space and Habitat Conservation Plan.
Thank you for the opportunity to address the commission.
City staff is available to answer any questions
you may have.
Greg Sanlin, the city's planning director,
is in attendance this evening
in addition to our city project team.
Thank you.
Thank you.
Mr. Hume.
Thank you.
I have a quick question,
because a lot of what you lined out seems to tell
a little different story than Mayor Fargo
speaking to the Habitat Conservation Plan
and the agreements that were in place.
So in these plans that you say this area is contemplated
within the city documents, the general plan and such,
when was the last time that the city council
affirmatively made any sort of decisions in that regard?
Well, I would say when they adopted and updated
our 2040 general plan was done,
part of that and comments that actually came into the city
was related to designating Nathomas Space
and as a study area.
And it was previously, it's been designated that
for quite a while, it was previously identified
as Nathomas Joint Vision
because of the County City Joint Vision from years ago.
But it basically reaffirms that the city has an interest
in Nathomas Space and the future of it,
any planning, any potential development.
And we also of course have our Habitat Conservation Plan,
which we've been committed to for over 25 years.
We don't wanna do anything that hurts our own HCP
and we want it to be successfully completed.
So I would say as part of the 2040 general plan,
that designation of Nathomas Space and if it,
the actual study area is described in general plan
as an area that is of interest to the city.
And that the area or parts of may potentially be annexed
in the future.
And I'm sorry, this may have been mentioned earlier.
When was that decision made,
that the adoption of the current general plan?
That actually happened after the application
for airport South was filed.
So I would say February of last year.
Okay. Yeah.
Okay.
And then my next question is,
and if you can answer this, Greg certainly could,
if there were a major project coming forward
in the city specific plan or something
that's pretty massive undertaking
and it were initiated by the developers
or landowners or independent parties,
they would file an application
and process that through the city
and do all of the required documents
and background studies.
And then it would come to the council for a vote.
That is correct.
Okay. Yeah.
Okay. Thank you.
Okay.
Thank you.
All right.
If the next presentation can be queued up
and represent for the applicant,
can come up to the podium please.
Okay.
Good evening, Mr. Chair,
members of the LAFCO commission.
My name is Nick Abdes.
I'm with the law offices of Abdes and Kuchy
on behalf of AKT Development
and applicant, a co-applicant
of the airport South Industrial Project.
We of course initiated the SOI amendment
by submitting an application directly to LAFCO
and we separately submitted directly
to the city planning application.
We appreciate the opportunity to be before you
this evening with the proposals to amend the SOIs
for SAC sewer and the city.
This project has been several years
in the making with countless hours of work.
And I would like to express my gratitude to your staff
as well as the staff of the city.
Land use entitlements are never straightforward, never easy.
And I just want to take a moment to acknowledge
and appreciate the work of a lot of people
to get this item before you for a decision today
in a legally sufficient comprehensive manner.
I know I have more gray hairs from this exercise.
On that note, I'd like to introduce our project team.
I'm gonna go to the next slide here.
As I mentioned, I'm with Abdes and Kuchy
and I'm a rep or second AKT development
and our development partner, North Point representative
is here, Jeff Griffin, who'll be speaking with you shortly.
The rest of the team on the list is on the list
and many of them are here this evening
to help answer any questions that the commission might have.
At this point, I want to hand it over to Jeff Griffin
to tell you a little bit about himself and North Point
and then I'll be back to run through a few slides.
Good evening commissioners.
And I second what Nick said for all the staff time
that's been put into this.
Our firm really appreciates everybody
that's spent a lot of hours on this.
As Nick said, I'm Jeff Griffin
with North Point, I'm the West region partner.
Although our firms headquartered in Kansas City, Missouri,
I'm actually a Sacramento native
and I opened the North Point office here in Sacramento
in 2018.
Our firm is a privately held real estate operating company.
We specialize in industrial data centers
as well as multifamily developments across the country.
Our nine offices employ roughly 400 people
while our national development span 26 states.
We currently own approximately 150 million square feet
of class of industrial space
as well as 6,500 multifamily units across the country.
Through the years, our developments have helped create
over 110,000 long-term operational jobs.
That's a fact that I point out in every presentation I make
because that's what I'm most proud of,
all the jobs that we create.
In addition to this,
move forward to the slide,
you'll see the typical tenants that we work with.
That's just a representation of many.
We've built good reputation with a lot of the folks
that you see on the slide,
as well as a lot of other credit tenants across the country.
And we do a lot of multiple projects
with each and every tenant.
As well on this slide,
we show several charities that we choose to invest in,
some of which are locally based here.
So I'm particularly proud of that as well.
Specific to what we've done here in Sacramento,
again, I opened the office in 2018
and our first project was in West Sacramento.
We purchased 60 acres and went on to develop
a three building project of roughly 600,000 feet.
While we were building that in 2018 to 20,
we purchased our first site within Metro Air Park
and started developments out there.
To date, currently we have seven assets
that we've developed out there
to the tune of about 3.9 million square feet.
And most recently in 2022,
we purchased land on the former Aerojet campus
in the city of Rancho Cordova
and have completed our phase one project,
which was two buildings consisting of roughly 715,000 feet.
What I believe makes North Point different
than a lot of other developers
that choose to develop nationally.
When we choose to invest in a community,
we do our due diligence
and we plan to become a community member.
Me being a native here,
it was easy for our firm to do that.
But again, we keep ownership of our assets long term.
Makes us a little different than
a lot of the merchant developers out there.
But we do feel blessed to be here in the Sacramento community
and we plan to be here for many years ahead.
So thank you again for your time.
I'm gonna turn back to Nick for the rest of the presentation.
All right, thanks for your indulgence
and sort of running a few more slides.
So I really wanna direct, draw attention
to what's happening in the vicinity,
as you see on the board there.
This is a vicinity map and aerial from 2015.
Not a lot is going on.
Obviously the interchange where it's located today
has kind of been circled with the white circle there.
It wasn't immediately foreseeable at that point
and Greenbrier, now known as North Lake,
hadn't commenced construction, just not a lot going on.
In 2018, moving on to the next slide,
you see the first building being delivered
in Metro Air Park, roughly 900,000 square foot
Amazon fulfillment center, which at this point,
I wanna do extend my kudos to the County of Sacramento
for securing Amazon at that location.
Securing Amazon really kicked things off
in terms of development at Metro Air Park,
which stagnant and undeveloped for close to 30 years
and really initiated the establishment
of a premier logistics hub in the region.
And frankly, the direct reason
of why we're here before you this evening,
and it's no question as to why the intersection of I-5
and I-80 being really close by as well as the airport
being immediately adjacent created synergies
that allowed that Metro Air Park development to flourish.
But as you see, there's still no interchange in 2018.
So moving on to 2021, you see now that five buildings
at Metro Air Park have gone up in the beginning of a sixth.
That's roughly on the screen there,
four and a half million square feet.
So just in a small timeframe since the Amazon project
went vertical, really the activity really went
into high gear and 2021 also saw the opening
and the christening of the new interchange
and the North Lake subdivision commenced development
of phase one.
So that project by reference is immediately adjacent
to industrial plan and zone properties,
not dissimilar from the airport South side.
The next slide shows what was going on in the ground 2023.
There are now 16 buildings identified as assets
on this slide totaling over eight million square feet.
The interchange while not built out
is obviously fully operational.
And of course, the North Lake subdivision
has continued to build out its phase one improvements.
Here, I believe they're just over a thousand units,
home sites on the ground.
Moving on to the next slide here, 2024.
Again, Metro Air Park is really building up steam,
28 buildings are now vertical
at nine and a half million square feet.
You see the interchange has really evolved
into the big gateway into Metro Air Park
and the North Lake subdivision
is completing its phase one build out.
2025, this aerial right here is about from a month ago.
You see the activity map,
29 buildings have now gone vertical
at almost a million, a 10 million square feet.
And then commencement of phase two
of the North Lake subdivision,
permanently known as Greenbrier.
So as you can see, Metro Air Park has become
a logistics hub for the region.
And as you can see from the build out
in these various exhibits,
there's a growing scarcity for large logistics sites
to serve the needs of people already here.
As of this year, there's really only about one parcel of land
that can accommodate a million square foot building.
The rest of the site is really much smaller parcels
and highly fractionalized ownership.
So with that in mind, I wanna go to the SOIA area
that we're here to discuss this evening
and the opportunities it presents for the city
and frankly, the region.
It really is, as you can see from this exhibit
and prior exhibits that were shown this evening,
it's a logical place to grow.
It makes all the sense to take advantage
of the opportunity airport South presents immediately adjacent
to a $30 million piece of infrastructure
in the form of the Metro Air Park interchange
as well as other city services
immediately adjacent to the site.
You can see here that North Lake, again,
subdivision is complaining it's build out of phase two.
And here, as mentioned earlier,
is the 100 acre Watt EV project that was approved
by the county last year.
And my understanding, I think it was,
as the city just mentioned that ground is breaking
on that site this year.
And that is immediately adjacent to our project.
And so really, as you can tell from this exhibit
and the narrative, the SOIA area really presents
the last piece of developable property
between the existing city limits of Sacramento
and the airport.
It really is sandwiched in between existing development
on three sides and on the South,
it will be, you know, no urban development will be permitted
because there are lands in permanent conservation.
So it really is the last piece of undeveloped land.
So with what you heard about today from your staff
in the city of Sacramento and what's included
in the staff packet, it really answers the question
of is this the right place to expand the city's sphere?
It is absolutely yes.
The answer is yes.
And thank you.
We're here to answer any questions you might have
this evening of us and our consultant team
is obviously available as well.
Do any questions?
Thank you.
Okay, thank you very much, gentlemen.
So Mr. Chair, unless there's any other questions for staff,
then we can move on to a public comment.
Okay, we'll begin public comment.
Like to let everyone know that we have quite a few people here
and we've heard a lot from folks already.
If you have something to say, you'll have two minutes,
you'll be called in the order that your name was in.
Your name was received.
And we would ask that if you be mindful of trying
to keep your comments, I want everyone
to have a chance to be heard.
So we've got a lot of people here.
And if we're going two minutes apiece,
it could take us quite a while to get out of here.
So if you do start to hear people that have said what
you've said, if you just want to come up to be part of the record
and put your name in and say you agree with whatever
the position, that would be fine too.
So you'll be on record, okay?
So with that, Madam Clerk.
Mr. Chair, we have several.
And fear of me messing up anyone's last name.
I'm going to call them by their first name.
When I call you by your name, will you
please step forward to the podium and make your comment?
First, we have Earl.
Earl, would they come?
Would they come?
Thank you.
Who do we have on deck?
Could we have on deck Kent and Laurie, please?
Thank you.
Thank you.
Mr. Chairman, members of the commission,
my name is Earl Whithicombe.
I'm a registered civil engineer in the state of California.
I have practiced as an air quality consulting engineer
for over 50 years.
In my volunteer life, I spent two terms on the board
of supervisors of Sierra County.
And I was put more than 30 years into serving
with the boards of directors of Breed, California, Sacramento
region, and the Environmental Council of Sacramento.
The EIR for this project is deficient.
It fails to address the health impacts and emissions
of ultrafine particulate.
The final EIR claims that emissions of PM 2.5,
particles smaller than 2 and 1 half microns, and PM 10,
can serve as a surrogate for that.
The health impacts of ultrafine particulate
that makes it all the way through the Alveoli, the small
aerosacs, and the lungs that enter the bloodstream
is not the same as the lodging of PM 10 and 2.5 in the upper
and lower respiratory tracts.
The parcel eight is zone industrial.
There's very little question in my mind
that it will also be developed for warehouse work.
If that's the case, the health risk assessment
in the final EIR is deficient, because the addition
of warehousing and more trucks in that corner right next
to the residential area will put the health risk of the increased
chances of contracting cancer for the nearest residents
to that boundary.
Above 10 in a million, which is the threshold for significance,
an additional mitigation will be required under C.
Will you please wrap up your comments?
This project is not the right project for this location.
This hive of cancer-causing diesel trucks
should be located away from any residential area.
Thank you.
Thank you.
Can't please come to the podium.
The next speaker.
Kent Lason.
And on deck, Madam Clerk.
On deck, we have Laurie Tinolpe.
Tinolpe.
Hello there, gentlemen, and hello audience.
First, I just want to say I really feel grateful that we
are sitting here rationally discussing an important topic,
and we're giving it good thought.
And so I love everybody here for doing that.
I think that's wonderful.
And I'm happy to be able to talk to you now.
I'm not an expert on growth and development in Sacramento
by any means, but the way Sacramento has managed growth
has shown me that unless people in positions of power
and trust and public trust start resisting large developer
inspired projects, we will permanently sell off
all our natural habitat and all our farmland.
To this end, I'd like you to consider resisting
the approval of Airport South.
The project is outside the city boundaries.
It will increase sprawl and pave over 450 acres of greenfield
for warehouses.
To pave over good farmland, ruin the habitat for many species,
and take away areas on the Pacific flyaway
for migrating birds seems like a bad idea.
Can't we put the warehouses in a less environmentally
sensitive place?
I'm not against growth, but as I'm sure you understand,
let's do it in a way that harms the environment less.
The city and county have both developed climate action
plans and other environmental documents
ostensibly demonstrating their interest
in moving our region to a more sustainable footing.
The words have been going in the right direction,
but the actions have not.
Inch by inch, acre by acre, our region is getting paved over.
Those pictures we just saw looked like a cancer
metastasizing to me.
I urge you not to approve this project.
Do not take our precious natural habitat and viable ag land
and pave it over for warehouses.
I ask you to stand up for doing things a different way.
Please wrap up your comments.
Thank you.
A better way than we have now.
All this development has gotten Sacramento
terrible air quality and ever shrinking open spaces.
Can't we find a better way?
Thank you.
We have Lori to the poem and we have on deck Lori Stetson.
Hi, I'm Lori Tanhope.
I'm a North Atomis homeowner and I've
lived in Atomis for 24 years.
Thank you for this opportunity.
This warehouse project is not needed at this time,
but more important, it's inconsistent with the LAFCO
criteria needed to justify jurisdiction boundary revisions.
It encourages sprawl.
And it violates the requirement to preserve open space
and agricultural land.
The developer should not be allowed
to hijack the process that established
the urban services boundary.
The USP was thoughtfully developed
and then adopted in the general plan, the Natoma Space
and Habitat Conservation Plan, and others.
These plans balance the desire for development
with the desire to preserve open space.
And they prioritize lands most critical for habitat
preservation versus land most suitable for development.
I think I said that twice.
Sorry about that.
As a resident of Sacramento, I'm thankful that these agreements
exist and I hope they're honored.
I enjoy the opportunity to experience nature
in our community's backyard.
I value visits to local farm stands,
bird watching among the wetlands, and cycling
on the levee roads in the Garden Highway.
I believe that future generations should be able to experience
this as well.
Please say no to sprawl and yester conserving
our quality of life.
I respectfully ask that you vote no
on Airport South Industrial Final EIR
and the sphere of influence agenda items.
Thank you for your time.
[?].
[?].
We have Lori and on deck Susan please.
Hello, I'm Larisse Stetson.
I'm a resident of Sacramento and a local activist.
But I'm here tonight to share with you my background
as a advocate for the Department of Conservation
and with the Resources Agency.
The Department of Conservation monitored agricultural lands
that were lost, soil qualities, Williamson Act,
conservancies that are going to try to save agland.
And at the time that I lobbied, LaFGOS
were looked at to take action and preserve agland.
And it's one of your goals tonight,
a proper logical process and protection of agland.
This land was used for mitigation for the airport.
And to renege on that now, I think,
is a sad state of affairs.
And I also noticed that the staff has done a good job,
but it's sort of like finger pointing.
Like if you do this tonight, the city
doesn't have to do anything.
But the city has already started the EIR here.
So it's really questionable how this project,
even the landowner, can apply, should
be considered in this sort of finger pointing process.
We're not doing bad here at LaFGOS.
The city will decide.
Maybe they will or maybe they won't.
It's very confusing.
And I think you shouldn't take action
and have the city do their due diligence first
on this project.
Thank you very much.
Thank you, Susan.
And on deck, we'll have Joel.
Good evening.
LaFGOS members.
I am Susan Wigley.
And I live in Natomas within a mile
of the proposed Airfort South Industrial Project.
I ask that you vote no for this project
for the following reasons.
The ASIP project is projected to be constructed within a half
mile or less from hundreds of homes located
in the adjacent Westlake Homes community.
Additionally, this project is also
scheduled to be constructed immediately
behind the newly built Paso Verde Elementary School, which
has 1,000 students, K through 8.
These homeowners and students deserve
a quiet and healthy environment in which to live and learn.
Free of idling big rig noise and diesel fumes pollution.
I urge you to vote no on the Airports South Industrial
Project in the city's sphere of influence
and have the current EIR amended.
Thank you.
Joel, and we have on deck Carol Mark.
Good evening.
My name is Joel Leong.
And me and my wife have been a residence of Westlake
for 23 years.
She couldn't be here this evening due to some health issues.
But I just wanted to, I can't say anything more eloquently
than what Mayor Fargo has presented here.
This evening.
So I just want to echo all of our arguments.
You have seen the presentation.
I'm sure you have written documents also.
But I just want to comment more broadly
that we have seen the impacts of the Amazon fulfillment
center and the traffic.
And also, I know that the expansion of the airport,
the second terminal, was a good thing.
But that I-5 corridor traffic has gotten worse.
And we feel it.
And I think that this project is going to just not improve
things.
And I think the developers tonight, in their arguments,
are kind of second what Mayor Fargo was trying to say,
that you approve something and it just starts a momentum.
And therefore, why stop it?
Because like someone else said, the cancer keeps growing.
So let's just keep it going and keep it growing.
So I think you have to ask yourself
why an out-of-state developer is so interested in this little
relatively small piece of land for them.
Follow the money and I think you'll have your answer.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Carol.
And on deck we'll have Christine.
Good evening.
My name is Carol McKee-Mark.
And I serve as the climate chair of the League of Women
Voters Sacramento County.
The League strongly opposes this proposed industrial
development in Atomas.
Our organization across national, state, and local level
advocates for responsible land use decisions
that prioritize environmental protection and sustainability.
It is our understanding that the LAFCO
is committed to preserving open space and agricultural
resources while discouraging urban sprawl.
This industrial complex would not only degrade our environment
but also threaten a fragile and protected ecosystem.
We urge you to vote no on this project.
Thank you.
Christine and on deck we have Rita Donahue.
Hello.
My name is Christine Schmeckle.
I'm a native of Sacramento.
And I've lived in the Atomas area for half my life.
What I do want to request that you deny the annexation
and what's on this agenda item for all the eloquent reasons
that our folks here have said, I also
want to talk about the individual impact of residents
in this area.
And that is more trucks on the roads,
more of the congestion that pushes all of the people
on Google Maps or how can I get home
onto more of the infrastructure of the smaller roads.
So we have a risk.
And it's already, I don't know how you're
going to fix the infrastructure.
And again, as folks have said, the city,
it seems like the process here is a little backwards
that the city has not weighed in yet.
And so I'd like you to consider that.
And I really appreciate your time here.
Thank you very much.
After Rita, we'll have Liz, please.
Commissioners, my name is Rita Donahue.
And I'm a former resident of South
New Thomas for over 20 years.
I currently reside in West Sacramento.
I'm also a former planning commissioner
at the time that the North New Thomas community plan was
being developed.
And this was not certainly something
that they would consider in hindsight.
I'm concerned about the process.
Normally something like this would come actually
before the planning commission and then
before it into the city council.
And I think that should have happened in this case
and still can if you vote no for this project.
And on the SOL, no project, no build alternative on the EIR.
Secondly, I'd like to point out I
did write some comments that are probably in your packet.
But I would like to expand upon the fact
that I don't think there's any urgent need for this.
That it has not been indicated.
As I said, I live in West Sacramento.
I deal with the traffic daily.
Daily.
I mean, we have the Port of Sacramento.
We have a Port of West Sacramento now.
And the Metro, of course, a post office,
a Sacramento post office there.
We have the warehouses on Southport Parkway.
And we also have, of course, the other UPS facility there.
So daily as we leave our residents,
we are confronted with semi trucks.
And also, the trucks leave UPS at 9 o'clock every day.
So it's not like this is on a random basis.
This is something that happens at a specific time
when the trucks load up.
Thank you for your consideration.
We'll have Liz and then Robert, please, on deck.
Good evening.
I'm Liz Bergeron.
And as a former Westlake resident for 10 years,
I'm very familiar with the area that you're considering
tonight.
And I urge you to vote no on the expansion of the sphere
of influence and the EIR.
One thing that's, and I support what people have said already
tonight, and what really stands out
is the inadequate process, the inadequate EIR,
the significant impacts to the residents,
the nearby students.
And making these decisions seems like these decisions
are being made piecemeal without considering the projects
that Heather mentioned, the larger projects in the area.
What also it makes me wonder is, I
know that the old Fry's electronic store off of Northgate
and I-80 is being converted into warehouse space.
And are these additional warehouses for this area really
needed?
Aren't there other areas that can be converted,
such as the old Fry's electronics space?
They're converting that.
They're adding another warehouse.
And I believe it's going to result in close to 300,000
square feet of warehouse in an area that's already
been impacted.
So thank you for your time.
Robert, and then Megan, please.
Robert Bernes.
Robert Bernes.
Yes, I couldn't hear my name very well.
And then we'll have Megan Elsie.
Good evening.
Robert Bernes, resident of Sacramento City,
involved with EcoCR Club and other organizations.
I'd like to really ask just two things.
One is that you keep in mind the dual purpose of LAFCO.
There's been a lot of focus on the services for the sphere.
But a big part of this is also the mandate
to protect open space and agricultural land.
And this will have impacts not just on this project area,
but also on the entire Natomas Basin.
It creates inflationary price expectations.
It reduces the land that is available for purchase.
It doesn't reduce it beyond a critical path.
But we have other projects in line that could do that.
I'd also ask you to maintain a big perspective, big picture
perspective of this project in terms of how it relates
to the Natomas Basin Conservancy, how
it relates to the Sacramento County General Plan, the fact
that it is outside of the urban service boundary,
and that that was a very seriously considered decision
that was made in 1993 as part of the general plan.
And that you recognize that this vote sets in stage
a rationale, a justification for some much bigger projects
that are in line to follow, and particularly
the Upper West Side project, which is a county project
granted.
But approval of this project sets in motion a rationale,
sets in motion a greater likelihood
that a larger project of 20,000 potential residents,
quite a bit of commercial space, will be approved.
And that, I guarantee you, will have very significant impacts,
particularly if you ever want to try to get to the airport
via I-5.
Megan, and then we'll have Kevin McRae.
Good evening.
I'm Megan Elsie.
I'm a member of 350 Sacramento, which
is a climate justice organization.
Warehouses worsened the climate crisis
because of increased greenhouse gas emissions
from the trucks, but also from the workers.
My husband works at the Amazon Fulfillment Center
at Metro Parkway.
There are 4,000 employees there, and that's just
one of the warehouses.
There's many warehouses there.
So that's a lot of cars, a lot of greenhouse gases.
We do need jobs, as I'm sure you're
going to hear from these fine people here.
But we don't.
There are no jobs on a dead planet.
So with those greenhouse gases increasing,
we increase the chances for fires,
like they had in the LA area, which caused 250 billion
in damages or floods, like they had in Asheville, North
Carolina, which caused 50 billion in damages.
Do we really need more warehouses?
There's a for sale sign on a warehouse at Metro Air Parkway.
In addition, if we build on farmland,
then we take away the chance for that land to sink carbon.
That's another way you can mitigate climate damage.
But if there's warehouses, you cannot sink the carbon
in the soil.
And the EIR does not take account into those opportunities
to mitigate greenhouse gases by sinking carbon in the soil.
Also, open land can recharge the water table.
If you build warehouses there, that
will not be able to recharge the water table.
And the climate crisis increases the chance of severe drought.
So please vote no on the Airport South Industrial Project.
The EIR is insufficient.
Thank you.
[?].
Kevin.
And then on deck, we'll have Harriet Steiner.
Kevin McRae.
And then Harriet Steiner on deck.
Kevin.
Thank you.
Thank you.
Thank you.
Good evening, commissioners.
I'm Harriet Steiner.
I'm a resident of North Nautomus.
My husband and I moved there about four years ago.
Many years ago, I was just a resident of North Nautomus.
I was a resident of North Nautomus.
I moved to North Nautomus.
About four years ago.
Many years ago, I was general counsel of SACOG.
When many of the plans you've heard about today
were first put into action and thought
about the air quality plans, the Metropolitan Transportation
Plan, the SACOG Blueprint, and the HCP,
so many of these plans, they took probably decades
to actually finish.
And when we were done, though I had moved on at that point,
we were sure or hopeful that Sacramento would have
a more dense development, that it would have compact development,
that it would not sprawl onto open space and agricultural land
the way it was planned back before we started
all of these plans.
And that we would be forward thinking
so that we would preserve agriculture,
take conservation seriously, preserve what
was left of the flyway.
And keep our area and our region a better place
to live than potentially some of the other metropolitan areas
in the California area.
And so now we get to this.
And we have this project and two other projects
that are waiting in the wings.
For on proper, and this particular property
is on project that was designated agriculture.
The county said this is not urban development property.
The city potentially looked at this property along
with other properties in its 2040 general plan
and did not choose to take any actual affirmative action
with respect to this project.
It left it in open space.
That open space could be open space.
It could just be agricultural.
It could be the top of, or the little,
the tip of the iceberg.
We don't need more industrial.
Satter County can have all the industrial that it wants.
We already have traffic to beat the band.
And I would suggest to you, as many others have tonight,
that this project was not processed correctly.
That the EIR hides things like the urban service boundary
and doesn't show you what the true impacts are.
And that your job is made even harder.
And you should say no, because the city of Sacramento
has not said whether it wants its sphere expanded
in this manner.
Thank you very much.
[?].
[?].
?]
Judith, and then Jim Peckle.
Just a reminder that we are trying to keep it
to less than two minutes as much as possible.
Please, thank you.
I'd like to cede my space to someone who has to leave.
Her name is Dawn Whitney.
I'll come at the end, because I'm not going to leave.
Thank you very much.
My name is Dawn Whitney.
I'm a resident of District 6 in Sacramento.
I am a retired attorney retired from the CHP
as attorney for in 2019.
My question is apart from that, though.
It's a different area.
What is the process by which LAFCO commissioners as a body
or individuals determine whether they
have received contributions from participants, agents,
or parties that require recusal from decision making
under government code section 84308, also known as the Fair
Pay to Play Act?
And I hope to get an answer from you.
I have two specific questions after that.
I'm going to be very brief.
I have noted that Nick Avdis, who is here tonight representing
the developer, donated $2,050 to Commissioner Pluckybomb
on June 4 of last year.
Michelle Smira, who was PR for the project,
donated $250 on an unknown date in the last year
to Commissioner Pluckybomb.
Were those considered and decided to not require recusal,
or it's this first impression?
Thank you.
Jim, and then James, please.
Good evening.
My name's Jim Pachel, representing Friends
of the Swenson Hawk.
Except today, I want to talk about waterfowl versus airplanes.
The Sacramento Airport and the project site
are located beneath the Pacific Flyway.
That's millions of waterfowl headed south during the winter
season.
Aircraft using the airport sometimes
collide with the geese or ducks, which can cause a crash.
It hasn't happened yet, but it's not an impossibility.
Sacramento has one of the highest bird strike rates
in the nation, which is a considerable concern
to the airport.
This project is located about 4,600 feet
from the south end of the South runway.
The project engineer prepared a preliminary drainage plan,
which calls for 96 acres of detention basins.
This is open water, 10 feet deep.
The area gets a lot of water.
96 acres detention basin actually makes a lot of sense.
The detention basins do will attract waterfowl, passing
waterfowl, having them so close to the end of their runway
will increase the likelihood of a tragedy caused
by a waterfowl collision.
This project can be easily located
at a much less risking location.
Please, Rev, will you comment?
A bit of a distance from the airport.
Maybe just east of the drainage of the NEMDEC
distance from the airport, where drainage and groundwater
are smaller issues.
And the odds of a bird strike created by this
are simply not much smaller.
Thank you very much.
Thank you.
I have James and then Robert, please.
James Thore Walker.
And Robert Rosenbaum.
Chair and commissioners, thank you very much for the opportunity
to be here this evening.
My name is James Thorewachter, and I represent.
I work with the California State Council of Laborers.
We represent about 80,000 men and women statewide
who build California's energy, transportation,
and water infrastructure.
We provide pathways to the middle class.
And I'm not going to get too much into the arguments
of why we support this, because I'm
confident that my colleagues behind me will do that.
Instead, due to time constraints,
I want to talk about AB 98, which is a bill that we
sponsored last year.
And this created very aggressive and pragmatic mitigation
measures for developers to implement these measures
for projects just like this.
Some of the, we're calling this 21st century warehouse design
and build standards.
And what this will include, not limited to,
but truck loading bays that will be oriented away
from sensitive receptors.
This goes to the direct air quality concerns that
were brought up today.
A lot of the environmental communities throughout the state
weighed in on this.
This is very important to know, because a lot of these concerns
that we're hearing about the environment,
I employ everybody to read AB 98.
It also requires new minimum distances
between loading bays and residential areas,
updated mitigation standards for noise and light pollution
using screening and buffering.
And it will incorporate energy efficient features,
such as EV charging infrastructure, PV solar panels,
and battery storage, cool roofing and high efficiency HVAC
systems.
Now, these centers are already being built in Southern
California and to an extent in Central Valley.
It's imperative that we remain competitive here in Sacramento
and in the nearby region.
This is going to create jobs.
This is responsible.
And we commend the developer here today for taking this
into consideration.
So thank you today.
Thank you.
Robert Rosenbaum and then Laurel Agard.
Laurel.
I will be brief.
I agree 100% with all of the people
who have recommended voting no.
For all the reasons that were stated,
I would like to express one thing.
I believe all of you said that you do not reside in the North
Anatomus area, correct?
I would like to ask that each of you try to drive north
from downtown up by five past the airport any given afternoon.
It is stop and go.
It is highly impacted.
Going the other way in the morning is the same way.
If we are putting more trucks out on that road,
it will be horrendous.
And all the other impacts as well.
I grew up in Southern California.
There was suburban sprawl.
When I left, when I was growing up,
there was open space between Ventura County and LA County
and LA County and San Diego County.
That open space is all gone.
Once you build ungreen space, it's gone forever.
So I urge you to vote no.
Dana Swartz and Pam Harder.
Dana Swartz.
Dana?
Excuse me, Dana.
Hi.
I appreciate you giving me this time to talk.
I'm a resident in North Anatomus.
And like Laurel, I agree with all the people who have been opposed
to this project for all the reasons.
I don't see why we need more warehouse space right next to a school
and all these homes.
There's so many other places for warehouse space.
Plus, there's a lot of empty rooms.
Plus, there's a lot of empty warehouse space right now.
I just do not see any reason for this
and how this at all is aligned with Lafko's goals.
It's totally opposed to what you stand for.
So please vote against this.
Pam and then Monica Sanchez.
Good evening.
My name is Pam Harder.
And I live in Heritage Park, which is a senior development
and very close in proximity to this development,
to Metro Air Parkway.
And we experienced terrible problems already with traffic.
And I'm very concerned about my neighbors, my community,
and the environment.
I really am worried about more air pollution.
And we already have to pay very high flood insurance.
And if you pave over more open land,
that water has nowhere else to go.
And so we're already in an area according
to the reclamation district.
We have the second highest flood potential behind Louisiana.
So let's not pave over more open land, please.
And I agree with everybody else that's already
talked about the environment.
Thank you so much.
Monica Sanchez and then Patricia Johnson, please.
Take these off.
Good evening, commissioners.
As community members and residents of Natomas for 17 years,
my husband and I care about the future of the community.
Regarding the Airport South Industrial Project,
we understand that growth is inevitable.
However, we have concerns about the final EIR, which
states that the proposed project would
result in significant and unavoidable impacts related
to, one, substantial degradation of visual character
or quality of public views, which is impact 4.1-3.
Two, cause long-term changes in visual character associated
with cumulative development of proposed project
in combination with future buildout of City of Sacramento
2040 general plan and Sacramento County General Plan,
impact 4.1-5.
Three, convert prime farmland, unique farmland, or farmland,
of state importance to non-agricultural use,
which is impact 4.2-1.
Cause impacts related to compliance with the Cortesey-Knox
Hetsburg Act, impact 4.2-4.
Cause cumulative loss of agricultural land,
which is impact 4.2-5.
Conflict with or obstruct implementation
of applicable air quality plan, impact 4.3-2.
And lastly, result in cumulatively considerable net
increase in criteria pollutants for which region is non,
which region is in non-attainment, impact 4.3-6.
Further, due to the shallow depth of groundwater in the area,
if a release of hazardous materials did occur,
a toxic plume would likely impact
the surrounding residential communities and schools
for decades to come.
All of this for an industrial development
next to a quiet neighborhood and school in the area
where the City of Sacramento has not requested the expansion.
Please wrap up your comment.
Thank you.
Maps on the screen do not fully depict the impacts
to over 900 homes and thousands of Westlake residents
and elementary age children.
We request the commission to vote no
on the impact on the project of the, excuse me,
the sphere of influence and final EIR.
And I thank you for the opportunity
to provide comment today.
Thank you.
Thank you.
Hello, my name is Patricia Johnson.
I'm here representing Wellstone Progressive Democratic Club
of Sacramento County, and we're opposed
to the proposed Airport South Project.
And we already suffer many days a year of poor air quality,
and our dirty air harms the lungs of children
and susceptible individuals
with life-threatening respiratory events.
We want Lafco to put the health and wellbeing
of Sacramento's first, and we oppose both.
Thank you.
Thank you.
Thank you.
Mr. Chair, excuse me, Mr. Chair,
at the request of the executive officer,
can we please take a recess?
Yes.
I could take one too, thank you.
Wow.
How long?
10 minutes please.
10 minutes, thank you.
Hello, everyone.
Is this on?
All right, there we go.
Excuse me, everyone, can we?
Shh, please.
Let's get back to order so that we can move along.
Madam Clerk, who do we have next to speak?
Mr. Chair, I'd like to call the roll
to reestablish a quorum.
Okay, thank you.
Okay, commissioners Little.
Here.
Carter.
Here.
Hume.
Here.
Jones.
Here.
Desmond.
Here.
Pratton.
The members present.
Okay, I think you have something to say.
A question was raised as to potential conflict
for campaign finance contributions.
I reviewed my contributions.
I received a contribution from Nick Abdes
more than a year ago,
a contribution from Michelle Smira
about a year ago under $500.
But even just to avoid any appearance of conflict,
I'm going to recuse myself.
Thank you all for a lovely discussion.
I look forward to watching the rest on TV.
Thank you.
Thank you.
Mr. Chairman, we take another recess
so that we can switch the names on the computer again.
Oh, yes.
Okay, just a brief recess.
Thank you.
Really great.
They've already taken care of it.
Okay, thank you.
Our next speaker, please.
Our next speaker is Daniel Garcia.
And on deck we'll have Alan Green.
Good evening, Chair and Commissioners.
Of the board, my name is Daniel Garcia.
I'm a resident of Sacramento
and a proud member of Labor Local 185.
I'm here this evening in strong support
for the proposed airport self-industrial project
and urge you to do the same.
This property is strategically positioned
for industrial development
with easy access to the major highways
and the international airport.
The project will create enormous job opportunities
during the construction and long-term operations,
strengthening our region's economic stability for everyone.
This project stands to benefit not only my union brothers
who are here tonight,
proudly showcasing their Launa Orange,
but also others in our community.
It will provide opportunities for apprentices
eager to build their careers,
young people entering the trades,
formerly incarcerated individuals
and returning veterans from service
looking for a second chance.
I know this because I was once in their position.
But thanks to the union,
I was able to turn my life around.
The union gave me the structure and support I needed
to build a better future for my family.
However, success in this industry often comes with sacrifice.
As I spend two to three hours a day commuting to work
outside of my local area,
losing valuable time with my family and loved ones
that I can't get back.
But I believe we can create better opportunities for others
and minimize these sacrifices.
As board members, you have the power to bring good,
well-paying jobs closer to home
and improve the lives of countless hardworking families
in our community.
I respectfully urge you all to move forward
with this project without delay.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Alan Green.
Good morning, everyone.
Good morning, everyone.
My name is Alan Green.
I am a trade instructor
for Northern California Construction Training.
We are a state-approved pre-apprenticeship program,
a parole probation and general public program.
We place hundreds of our students,
some of them are homeless, formerly incarcerated,
and some are just looking for that career change.
I completely approve this project out there
in North Natomas.
It's gonna open up the doors for lots of opportunities
for some of my students that are in various programs
around the Greater Sacramento area.
I'm a proud Laborers Local 185 member,
and thank you for your time.
Thank you.
We'll have...
Kevin Carmichael and on deck, Susan Hare.
Is Kevin here?
Good evening, commissioners and staff.
My name is Kevin Carmichael,
and I'm here on behalf of Sacramento residents
for responsible development.
It has an unincorporated association
of individuals and labor organizations
who are concerned with the environmental
and public services impacts from industrial development,
such as this project, and are also concerned
with the health and safety risks
to the public and on-site construction workers.
Now residents submitted comments on the DEIR in January
and supplemental comments on the DEIR in September of 2024,
and those comments were supported by expert testimony.
In those comments, we identified deficiencies
in the DEIR's analysis of the project's air quality,
greenhouse gas, noise, and transportation impacts.
Now the DEIR prepared for this project
does respond to residents' comments.
However, in our review, we found they do not fully address
the concerns that we raised in the DEIR comments,
and the DEIR does not fully evaluate
the additional feasible mitigation measures identified
that would reduce the project's significant impacts.
Despite the foregoing, I am pleased to report
that residents are in productive talks
with the DEIR first to enter into a settlement agreement
to address the continuing concerns with the project,
and we hope to have an agreement finalized
within the next week.
Thank you.
Laura Warren and Kevin Carmichael.
Oh, I'm sorry.
Chair Little and commissioners, good evening.
I'm Susan Harree, architect and urban planner
and resident of Nathomas and immediate past president
of ECOS.
First, I'd like to bring to your attention factor four
of the factors that Executive Director Jose listed for you
as factors that you should consider
when you're deciding tonight.
Factor four is the existence of any social
or economic communities of interest in the area.
If the commission sees them as relevant.
Okay, now I'll come back to that.
In our Sacramento region, we have some pieces of planning
that are worth celebrating.
I'll list what I think are the top five
in chronological order.
The American River Parkway was conceived of in 1915
and established in 62.
Then the county's urban services boundary adopted
in 93.
Then the Nathomas Habitat Conservation Plan adopted
in 97.
Then the Seikag Blueprint adopted in 2004
that for the first time was to integrate land use
and transportation that was nationally touted.
And then number five, the South Sacramento
Habitat Conservation Plan adopted in 2019.
There are possibly more, but I don't know of any
of this scale and significance.
So broadly, they were about making our city stronger
economically and socially, avoidance of risk of flood
and fire and preserving open space for agriculture habitat.
These are now key pieces of our regional identity.
Please wrap up your comment.
And back, so the South airport industrial project
in its proposed location is a bad fit for these.
It's inconsistent with three of the five.
And I would say that there is a community of interest.
That's factor number four.
The community of interest is the group of people
over the past 100 years or so that worked so hard
to create that planning legacy and our regional identity.
Thank you.
Thank you.
I'm sorry, Karen O'Hare and Ruben Galvin.
Good evening, my name is Laura Warren
and I live directly across Del Paso Road
from the school in question Paso Verde.
I am a member of a 600 community of senior citizens
and just 600 homes and just south of us
is West Shore, probably 2000 homes.
We are directly impacted by this project.
We can see the land in question.
First of all, although the developer says
there's going to be retail space there,
I highly doubt that.
Who is going to travel up five to go clothes shopping?
No one is.
The only retail that might possibly be there
is a candy counter at a convenience store or a gas station.
We know that what's primarily going to be there
is warehouses and who services warehouses?
These do.
I took these photos over the last six months
under safe conditions with my own cell phones
of rogue trucks that already come into our neighborhood.
This picture right here is at the intersection
of Scholar Boulevard which goes down to Paso Verde.
This photo was taken two days ago.
The white truck was broken down
and the red truck came, these trucks are like 50 feet long.
This truck, this cab abandoned its trailer.
There's a photo of it right here.
Also on Del Paso Road, across from the school,
kids pass these trucks every day.
Please wrap up your comments.
On this side is Havnanean,
which goes down,
goes down past Blackbird Park.
Next to Blackbird Park is another school.
Thank you.
These are trucks that have randomly parked on Havnanean.
All I'm saying is that with these warehouses,
we're sandwiched between the truck stop on Arena
and these warehouses.
This project is going to drastically increase
this kind of situation in our neighborhoods.
Thank you so much.
Thank you.
Thank you.
Thank you.
Thank you.
In the interest of fairness for everybody,
I'm gonna cut off that microphone
when you hit that two minute mark
if anybody's still talking.
So we're just trying to keep it flowing,
but we need to understand that in order to get through here,
we have to do that.
Thank you.
I'm Karen O'Hare, and I'm here to testify
and ask you to vote no on both certifying the EIR
and on the sphere of influence.
I'm here because I'm a resident of Westlake.
I've lived in Atomas since the 80s,
and I'm a former land use planner for Seacock.
This proposal flies in the face of good planning.
It also violates and is in conflict with your goals.
And I appreciate everything LaFCO does
to get good development in the region.
But this proposal is prevent,
your goal is to prevent urban sprawl,
one of them, and protect open space.
This proposal does neither of those.
It is also in conflict with existing land use plans.
There are no resources to serve this area,
which is why they wanted annex.
There's no water available for this project.
And the proponents showed pictures
of their other warehouse developments
in the valley in Sacramento.
They did not show any next to schools or residences.
This is right next to residences and a school,
and it should be voted no on for both of these,
and I appreciate your vote on this.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Ruben Galvin and then Patricia Solari.
Good evening.
My name is Ruben Galvin.
I have been a proud union cooperator since 2013.
My concerns about this development are
if workers on this project will be paid fair wages,
and will they be provided health insurance benefits.
I am a firm believer in training and apprenticeship programs
that can be considered for this
and other future developments.
Having a part of a four year apprenticeship program
that has given me the essential knowledge,
tools, and confidence to do the job right.
All while the same time,
getting the experience from the job site,
these programs are an essential pathway
for local workers to receive the training they need
for good paying jobs,
and they help ensure that the project is built safely
and to the highest standards.
These workers are part of our community.
Let's not forget about these important standards.
I worry we'll be overlooked on this development.
Thank you.
Thank you.
Thank you.
Thank you.
Patricia Solari and Sean Worth.
Good evening.
My name is Patrick Solari.
I represent Sierra Club, Ecos,
and Friends of Swainsons Hawk.
I previously submitted detailed comments
regarding the draft EIR.
I don't see time.
There we go.
Numerous informational deficiencies
regarding both the draft and final EIR,
but I'm not going to talk about those.
Instead, I think there's a real misunderstanding
about what you are all being asked to do tonight.
The staff report states on page four,
approving the SOI expansion does not mean
that LAFCO is endorsing the ASI project.
That's actually false,
because it ignores that LAFCO is the sequel lead agency here.
And because this project has significant
and unavoidable environmental impacts,
this body, not the city, not anybody else,
but this body first is required to adopt
what's known as a statement of overriding considerations.
And what that means is this body needs to make
an affirmative finding that the claimed benefits
of this project, I guess there's tax revenue
or something along those lines,
outweigh all of the environmental impacts
of the underlying development project,
not just the sphere of influence amendment,
but the underlying project.
And we've seen some of those, right?
Ag destruction, habitat destruction, air emissions,
increased cancer for children.
These are very real issues.
And you are being asked to say that that's okay
because Angela Socopilow, Socopilas wants
to develop more property
and there's some incremental additional tax benefit.
If you're uncomfortable with making that finding,
and you should, there's a real easy solution.
Deny the application, don't certify the EIR,
let the city file its own SOI application.
They've indicated that they're perfectly happy
with your support based upon staff's presentation.
Let the city go first.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Sean Worth and then Janet Olasek.
Good evening, my name is Sean Worth.
I'm the conservation sheriff
for the Motherlode chapter of the Sierra Club,
24 Northern California counties.
I had prepared some comments.
I sent them in to you.
I'm gonna shift gears
and correct a potential misunderstanding.
There was a question about why what the city said different
from what Mayor Fargo said regarding the
Natalman Space and Habitat Conservation Plan.
That plan was prepared by biologists,
experts in the field to deal with impacts
to covered species.
That was the purpose of the plan.
Biologists prepared that plan.
The impacts are biological.
They're two species that have very little habitat left over
and that plan was predicated
on agriculture being left in agriculture.
That was the necessary part of that plan
being successful for the species.
I have a real problem when someone comes and says,
no, it's not gonna affect the plan
because we can still do our 8,000 acres of conservation
required by the plan.
The plan is to protect species,
not to save 8,000 acres.
It was 8,000 acres plus all that ag land being saved.
That ag land is not gonna be saved at this point
if we approve a project like this.
That doesn't have an impact on the species.
Who should be addressing the issue of how this affects
the Nautilus Basin plan?
Biologists should be doing it
as part of an effects analysis.
Looking at the actual effects from biological perspective
and those impacts, that hasn't been done.
And for someone to say, oh no,
it's not gonna affect the plan
because they can do their required mitigation,
is not really getting to the heart of the matter.
That whole area was wonderful wildland habitat originally.
Now it's a small message that's left over.
The plan was very specific.
Save the 8,000 acres, everything else is left in ag land.
Is Janet Olasek here?
Moving on to Jen Shory.
And then Kareen Gartner.
Good evening, I am Jen Shory.
I'm here with my husband, Case Buttermann.
We are longtime Westlake residents.
The final EIR provides the results
of the cancer risk analysis associated
with this project's heavy duty diesel trucks.
The map that's included in the EIR
includes the plume of carcinogens
that extends well into multiple homes within Westlake.
The maximum exposures appear to be on Westlake homes
that are within 200 feet of the project.
Please remember, the project does abut the dirt strip
that leads into Egret's Park
that is 200 feet away from my front yard.
So we're not talking about a half a mile,
we're talking warehouses right next to people's homes.
The EIR's modeling result rates the risk,
and this is without the development of parcel eight,
at 9.53 as increased risk of cancer per million persons.
The significance level in the EIR is defined as 10.
The final EIR concludes that because the level of 10
is not exceeded based on the EIR model,
the impact is not significant
and no mitigation is necessary.
You as our elected officials should understand
that this conclusion, which you will be formally approving
tonight if you vote to approve this final EIR,
is completely unacceptable.
The EIR concedes in rejecting co-locating housing
on the project site with the warehouses
that there is a need for a significant buffer
between residential and industrial uses
to avoid significant adverse impacts,
such as exposure to toxic and cancer causing
air contaminants and noise conflicts.
And yet, citing industrial warehouses 200 feet away
from an elementary school in a residential neighborhood,
which has been in existence for 25 years,
is somehow acceptable with no mitigation required
if you adopt this EIR.
Thank you.
This project is too polluting, too big,
and too close to current Westlake residents.
If you do not want to vote no on it,
please table it, send it to the city,
and get an opinion from the city
about whether they really wanna do this.
Thanks.
Carina, and then Edith, Satcher.
Hi, good evening.
Thank you for the opportunity to comment.
As a registered voter, a concerned citizen,
a mother, and a resident of the Westlake neighborhood
in Northern at통us,
I'm here to voice my strong opposition
to the airport south industrial project.
My home looks directly out on the protected open space
in Aglan, upon which this misguided project
proposed to build millions of square feet of unneeded warehouses. You probably saw my house
on some of the pictures in the EECO's presentation. It was right there. Let's be clear. Contrary to
the statements you've heard earlier, if you vote yes tonight, you are green lighting this project
which would be a disaster for the environment, the visual appeal of our established quiet
residential neighborhood, and our quality of life in North Neutomas. This proposed project is wrong
on so many substantive levels and I echo all the sentiments you've heard tonight in opposition to
the project. I had prepared some comments on the flawed process that led us to where we are today
but Mayor Fargo and others have already eloquently spoken to those. Suffice it to say that today
you're being asked to make key decisions on a project that the Sacramento City Council has no
knowledge of and has as yet not publicly discussed and let it be noted as well that the two representatives
of the city on this body have both recused themselves so there's nobody from the city that's
currently represented. Today you have the power to stop this ill advised project in its tracks and
perhaps to restore a little faith that our government actually works for the people that it serves
and not for the interests of private developers. Please do the right thing, say no, to increase
traffic noise and pollution by voting no on the sphere of influence amendment and voting no on
certifying the EIR and in closing I want to share a few notes that my 12 year old son gave me to
share with you tonight. He says I am very opposed to this development happening. It would hurt the
well-being and health of tons of children including myself. Thank you.
Peter Thatcher and then David Ingram. Is there any way I can project some photographs?
Mitchell Cable, could we have you put the document camera on?
Oh, beautiful. Thank you so much.
Oh well, not I can't zoom in but turn this.
Thank you. Thank you very much.
There we go. Your time is going. I'm Edith Thatcher. I live very close to both
airport south and metro air parkway. I went up to the metro air park today and took a look around
and I very much appreciated the view of metro air park from the air showing the number of empty spaces
that are still there in spite of the 10 million square feet that have been built out and the 29
buildings. This is what it looks like now. You can see there's still quite a bit of open space
and of course a number of buildings still under construction which should be great for the gentleman
and orange behind me. Also there are a number of signs saying things like for lease and the
giving square footage of how much of the buildings are for lease. There are also for sale signs,
signs saying that land is available and finally a build to suit signs, 20 parcels. So it does make
one ask why are we building across I-5 another 6 million square feet of warehouse when the warehouses
in metro air park are not yet fully built out and remembering of course that as new warehouses are
built they suck business from parts of the city and leave them with empty warehouses. Thank you.
I'm going to have open grassland. Please vote no. Thank you very much for your time.
Good evening. I'm David Ingram. A couple of you may know me from my volunteer work with
River City Waterway Alliance. I'm not here to talk about the 2.7 million pounds of trash that
our volunteers have removed from local waterways in the last 26 months. We work really hard to
preserve natural habitats in the area. On Saturday, this coming Saturday, I will be performing my
700th waterway cleanup in exactly four years. I work extremely hard to help and my group to
help preserve space. I wish I had the power to yield that you do to sit here and preserve
this much space just with one decision. You see this, some people see this, I think the developers
and maybe some staff recommendations see this as just like open vacant fields. I moved to Sacramento
just a few months after a young rookie guard, Sacramento Kings guard Bobby Hurley was involved
in a really tragic accident nearly fatal. At an unknown intersection at that time, Del Passer
Road and El Centro Road, there was nothing there surrounding the new Kings Arena, the Arco Arena,
except for fields. Look at it now, that was just 31 years ago. Look how fast
everything has been paved over in 31 years, just a speck of time. And that's how long I've lived
in Sacramento. And I've moved to Sacramento on the Sacramento River to enjoy that beauty in the
open space, just like a lot of people that did that move to the North area in Sacramento. And we
have systematically seen it get paved over and paved over and paved over. Those open spaces were
our paradise. That's what we chose about Sacramento. That's what makes it unique. There's a song with
the lyrics, you paved over a paradise and put up a parking lot. It's happened. Please wrap up your
comment. Our paradise is the open space. And you have the opportunity to save it without having to
spend four or five hundred hours trying to clean and protect something. So please do the right thing.
Thank you.
Doyle and then Fabian.
Well, good evening, Vice Chair Little and respected Lafkoe Commission. My name is Doyle Radford,
Jr. And I am the Business Manager of Construction and General Labor's Local 185.
Our membership is over 6,000 strong. And we've been proudly building this Sacramento and surrounding
community for almost 100 years since 1929. And that's what we built that's something we're proud of.
We're here tonight to show our support for this project as presented by Mr. Griffin and Mr.
Advis. Several of our members were here tonight, but they had to leave. We have to commute long
hours. This is what we do. We build their communities, but not all projects are local.
We view this as a good local project. It's a robust scope of work for us, the infrastructure,
the concrete structures, and it's over several seasons to keep our local men and women building
it local. And we're just here to show our support for it. We've worked with this developer on several
others. They build with area industry standards and we're excited about it. And we'd encourage
you to support this project as presented. Thank you for your time and consideration.
Thank you. Next. Fabian then Rosie.
My name is Fabian Lara and I'm a Natomas resident of 24 years. I live on the Garden Highway and
a lot of projects have not been built yet, but I've seen a substantial amount of traffic that has
been detrimental to my area. In front of my home, four accidents that were near fatalities were
witnessed by myself. And that's not even the ones that are not documented by myself.
So projects like these are going to increase casualties like this, especially because the
Garden Highway can't be expanded. There is no way to mitigate that. And I feel like a project like
this would be just like I said detrimental to the area. So vote no on any of the issues I have
to do with this project. Thank you. Rosie and then on deck Jeffrey Peterson. Good evening.
My name is Rosie Yaku. I'm a Sacramento resident and I am opposing you guys voting to certify the
EIR. There are plenty of impacts identified there that you know exceed thresholds and we have to
stop. We have to stop developing things that we do not need that have significant impacts.
There are warehouses people have identified all over the place that are running vacant. We don't
need more space. The rest of my time I want to just focus on some more like individual observations.
I take my kid to do gymnastics out near the market Parkway area. That place is I took my dog on a
walk there and one out of four buildings was being used and they were all warehouse spaces and it's
right next to the freeway. So we are we are failing as a region to bring businesses in to the
warehouses we already have. On another note I was looking at perhaps moving work to an area in
Westsac where there was a whole bunch of warehouses and I ride my bike to work. So I rode my bike there
and I almost got run over. So you're purporting to put more truck traffic in a place where a bunch
of residents and school children are and your the green line expansion for the light rail is
that to me seems ill advised if what we care about is the people right. If we're caring about the
people we cannot continue to just support somebody's dollar that isn't even actually needed for our
local economy. Thank you very much for your time. Take care. Thank you.
Thank you.
Jeffery Peterson. Can I have the person on deck please stand up next to them so that we can
expedite as we go along. That'll be Lionel Berrigan.
My name is Jeffrey Peterson. I live in Northatomas. I've lived there for quite a few years and
I'm just kind of worried for like this being a president because if this is approved I'm sure
you'll find a lot more applications and wanting to expand more up to like 8,000 acres. So
also just trying to figure like the livability situation of how do we make it more livable
when there's a lot more congestion in that area. So like I said I just kind of worried about the
president. So please vote no on this expansion.
Lionel Berrigan and then Amanda Burnett on deck please. Amanda please come down. Good evening.
Good evening. I'm a respective leaders. My name is Lionel Berrigan. I've been a long time resident
of Northatomas. I am strongly supporting this project because it would keep local jobs within
our community allowing families to work closer to home. The proposed location is ideal with
the convenient access to Wi-Fi and the airport. I encourage you to approve this project for the
benefit of our local workers and our economy. Thank you. Thank you.
Is Amanda Burnett available? Okay. If not we'll call Ralph Proper and Luz Arlouz Lim on deck.
Hello. I'm Ralph Proper and
let's see if I can find what I wrote. I guess I can't. Okay. I'm here speaking on behalf of
Breed, California Sacramento region. I'm on the board and in terms of my background I'm retired
as a chemistry professor. Most recently a UC Davis and I worked for over 30 years as an
air pollution research specialist at the Air Resources Board where I focused on toxics and
specifically diesel exhaust and ultrafine particles where I managed research in those areas to
justify controls. So first of all I would say that the EIR is not sufficient in terms of
not describing the impacts from ultrafine particles. It claims that this is proportional to the
larger particles but they're not. They also have a lot worse health impacts especially for children
who live or go to school nearby and some live nearby. So it has effects like you know cancer and
lung development being insufficient as they get older asthma and many other adverse outcomes.
It comes not just from the diesel exhaust as is proclaimed in the EIR but rather it comes from
all the vehicles as well as from not just the exhaust but from the brake dust and the
and to some extent the tires as well. Please wrap up your comment.
Did I have two minutes? Did I show two minutes? You've used two minutes already. I'm sorry about that.
Well okay I just want to say that for the diesel exhaust it's also partial eight is not considered
and if this warehouses it would far exceed the standard for needing mitigation and that
needs to be considered also. Thank you. Thank you.
We'll have Lou and then on deck. Sheila Harrington please.
Good evening. My name is Lou Slim and I am the policy analyst for ECOS and Habitat 2020.
By now you know my position on this project and the technical reasons why I feel you should vote
no on the EIR and the SOI amendment. What I'd really like to do with my few minutes is to call
your attention to a perspective that is not as represented in the room but one of the most
impacted by your decisions tonight and that's the youth. In my position I have had the great
honor of working with bright and passionate high school students who carve out time in their busy
school schedules to make a positive difference in their communities. These are the students making
use of empty plots of land to create native plant gardens for their schools organizing public
festivals to bring communities together and who really want to be involved in the conversations
that we are having here tonight. But in my interactions as these students learned that the
farmland that makes Natomas so special was at risk the land that had provided them clean air and a
view of the birds and species they learned about from school textbooks was at risk for unnecessary
warehousing they were shocked they were frustrated and concerned to learn that an organization
created to defend agriculture and to guide planning for a climate smart future may vote to set in
motion the permanent destruction of precious farmland and encourage sprawl and they were even
more disappointed when they realized that they and their loved ones had not heard about this
project until a decision was about to be passed. The youth are the ones who will have to live with
the results of tonight's decisions. It's their neighborhood that will be shaped and they will
be the leaders of tomorrow. Please recognize that this is an opportunity to really listen to your
community and teach the youth that the leaders of today do care about the legacy that's left
that there should be faith in the system that we have. Please wrap up your comment and that it's
worth engaging in the process. Thank you. Thank you. Sheila Harrington then we'll have a kint
Lason on deck please. So good evening commissioners. I am one of the people who is tabling what I was
going to say to say something else which is that people have spoken a lot about the air quality
and I want to talk about the fact that whether or not the city and the county could or would be able
to extend services to this area neither the city nor the county will be able to mitigate the negative
air quality effects and people have spoken about the health effects of that. There's also our city
and county carbon reduction goals that have been committed to and a plan like this is going to make
it all the harder for us to actually meet those goals by the deadline. The other thing that I
just want to say quickly is that it seems like there's been enough disagreement on whether the
process involved has been legitimate or not that at the very least I'm grateful that the discussion
is continuing but I think it would be in my opinion a really good idea to continue the actual decision
until you know you're able to get more information and sort that out. So or you could just vote no
on the project and the EIR and that SOI and that would be fine too. Thank you.
Kint and then Chris Perles on deck please. I appreciate the argument I've already spoken.
Chris Perles and then Lynn Lindsay on deck please.
I have some handouts.
Before my clock starts. Your clock is rolling. So you've heard a lot of talk. If you look at the
I won't have time to go through everything and unfortunately I scribbled all over this. I won't
show the maps but I want to point out to you the first map so that you could get a feel of
Metro Air Park. This shows Metro Air Park. It's roughly about two and a half miles from
I-5 all the way to El Vordero and I went this weekend and drove around and as you can see
there are 12 very large vacant buildings that are vacant for lease in the site and all the
areas in red on this map are vacant land that's all for lease and ready to build,
say available to build. So you've got thousands of vacant lands that are in the urban services
boundary and therefore because you're trying to remove farmland you're violating the LaFCO
standard I.6 and you can read that and I will also note that there is no tenant that the applicant
has no tenant lined up for this property. So I'm opposed to it not because of what it is but where
it is. The next map is Natomas and we've talked a lot about alternative sites and what I've done
here is made in red all the areas of land in Natomas only Natomas that are vacant awaiting
developers as a resident and a longtime Natomas resident. I got to tell you we've been dying to
get some businesses in the USB there's plenty of property along I5 along I80 along Gateway Park Drive
that's available for Commercial Employment Center and it's continually getting rezoned to apartments
and gas stations and hotels and they could be made into warehouses too along that area. Please
Rebellion comment and notice where the site is ASI is way up here, Leap Frog Development. Lastly
people have talked about the air quality and you'll see the resolution up here that you're supposed
to be one of the things you're supposed to sign. Thank you your time is up thank you and thank you for your comments.
Notice the last statement you can see all the EIR stuff. Thank you.
We really do need to be mindful of the time and for everybody has an opportunity thank you.
So good evening my name is Lynn Lindsey I'm a 24-year resident of the North Natomas West
Lake community. I would like to associate myself with all of the previous opposition comments.
As a former city planning commissioner I am dismayed to see a proposal that is so incompatible
with housing schools the airport and other mixed uses has received support from the staff
annexation and extending services to this land ignores existing land use plans the general plan
the North Natomas community plan multi-jurisdictional habitat plans and the urban service boundaries.
Can you tell me where the city of Sacramento or the county of Sacramento has or is currently
planning to site an industrial park adjacent to housing and schools. Why is north point
development making a presentation about its development make no mistake a vote for the sphere
of influence amendment and the EIR is a vote to approve the six million dollars the six million
square feet of warehouses that adjoins and borders the West Lake residential subdivision
and Paso Verde school. Good planning must prevail there is no compelling reason to create urban
sprawl remove ag land and habitat when there is an abundance of land in the city county for
development that includes uses for industrial parks. I respectfully urge your no vote placing
the acreage proposed for the ASIP in the city sphere of influence and certification on the final
environmental impact report thank you. Thank you. Mary Johnson and on deck hi mate Torres.
Good evening my name is Mary Johnson I'm a resident of Sacramento I have a background in
regulatory federal compliance commissioners today I urge you to please vote no on the amendment to
the sphere of influence and certification of the environmental impact report some of the statements
that were made earlier today about how the U.S. Fish and Wildlife is a signatory on the HCP is a
misrepresentation of how the HCP is to be implemented clearly this co-led CEQA development
has been too confusing for the public to provide adequate concern and that's why there's so much
representation tonight. The development currently has written blatantly contradicts existing general
and regional plans undermines the intentions behind the Natoma space and habitat conservation plan
and disregards previously negotiated mitigation for completed development in the area. Vote no
tonight so the results of additional biological surveys air and water quality testing and
implementation of conditional mitigation measures can be clearly defined to eliminate any assumptions
in the EIR. The farm to fork capital deserves better treatment than this bait and switch project
for tax revenue thank you. Hi me and then Leslie Cummings please. Good evening acting chair and
fellow board members of LAFCO thank you for taking the time and hearing this subject today I greatly
appreciate it. I know one of the industry needs that we currently have as laborers I'm a proud
member of Labor's local 185 and one of the realities that we enjoy is the constant youth that comes
into our organization that is seeking a job that is seeking an apprenticeship that maybe college
isn't for them and they're looking into a purpose to actually come into the workforce and be injected
into the middle class through an apprenticeship. This is a reality that was present for me something
that's made it possible for me to be a homeowner for me to choose whatever vehicles I want to drive
for me to access entertainment and different pleasures in life that other people may have
this opportunity and enjoy in any future. We're looking into a project that's going to create
a wonderful amount of local jobs during the construction we're looking to create and harbor
some of these local jobs during the tenure of this facility existing and actually having a fair
competition for the county of Sacramento to actually go and have the upper hand on the
city of Woodland because of the proximity to the airport. The industrial area that Woodland has
it's quite significant it's quite powerful but we want to actually have the leading edge and have
the proximity to the freeway to all the infrastructure that exists near the I-5 corridor to be accessible
to everybody and to have somebody actually have an opportunity at life to be successful to be happy
to maybe not have that obligation to go and fall in debt go into college and actually have
something where they could be tax paying citizens to the city of Sacramento.
Thank you very much.
Leslie Cummings and then Lynn Randolph on deck.
Leslie here. Lynn Randolph. Must be present to win. Lynn Randolph. Nope. Terry Burns
and then on deck we'll have Derek Gordon. Derek has me on. Okay.
And then last we'll have Noah Painter as our last speaker. Excuse me.
What's your name? David Lamar.
June. I don't want to see you at the time. Oh okay I'm sorry. I apologize June. Okay go ahead.
We're all sorted out now. Thank you. I'm Terry Burns. I want to associate myself with the remarks
of Mayor Fargo about the significance of the urban services boundary and the Natomas Habitat
Conservation Plan agreements. I served on the Natomas School Board for 33 years and was involved
in the siting of all but the first two schools in this area.
The Paso Verde was designed to be an environmental education focused campus
adjacent to all of this environmental land that was going to be preserved for that purpose.
If we were to try and site that school next to a industrial park with the pollution involved
with that I'm not sure the state would let us do that right now but I assure you as elected
officials that the parents would not let me site it there. It just wouldn't be a viable alternative.
I think this EIR underestimates that impact on the students. I love my labor guys. There are
plenty of open spaces that we can build in industrial parks in already approved areas. Thank you.
We'll have Noah and then finally June.
I'll be very brief. Chair, members of LAFCO, Noah Boehner, Director at Nica Sacramento National
Electrical Contractors Association. We're here in full support of the project. I represent 136
employers in the Sacramento and northern Nevada area. This is a great project for our industry.
It's going to put people to work. It's in the right place and in the right location.
It's something that we desperately need. Logistic centers are the way that we're going to be seeing
goods transported and stored throughout this region and throughout the state in the United States.
That's what we're going to see. We don't go to stores as much as we used to. This is the way we buy
stuff. A woman spoke earlier about her husband working in an Amazon warehouse. Unfortunately,
she's opposed to the project, but that's a job for somebody. That's how we get our goods now.
Hopefully, you'll take that into consideration and approve the project. Thank you.
Can I get this?
Here.
It's upside down. Upside down. Okay. Got it. Thank you.
Okay. I want to address a few points that haven't been made tonight.
Representing and advocating for the Swains and Hawks that are residents in Nintomas.
This project site has a nesting Swains and Hawks right on its adjacent border, right in the
along bayou. Those nests will be gone. Okay. The population of Swains and Hawks in the basin
is on the decline. This has been documented by biologists, small, small, it's Sean Smallwood.
It's in the documents that are filed with this EIR.
And we say this EIR is completely inappropriate and inadequate for assessing these impacts.
One is, of course, that it's a project that's right adjacent to several
NBC properties that are operated to mitigate for the impacts of the North Nintomas development.
It doesn't, but the EIR says no significant impact. I want to point out that Nintomas has its own rules.
And that's why you're seeing all of this. One of the Nintomas rules is that the city
made an agreement with the wildlife agencies that they would not pursue development outside this area
without first looking at completely re-triggering the habitat analysis and the HCP.
So what it requires is incidental take permits. The EIR does not include mitigation that the
applicant will get the incidental take permits. So folks, I think you have a very bad EIR and
that's really going to hurt the habitat and Nintomas. Thank you. Thank you.
Madam Clerk, is that our last speaker? Okay. We're going to take a 10-minute break and we'll be back.
Okay, we're back. Mr. Chair, thanks for your patience.
Let me call Rollford to re-establish a quorum.
Commissioners Little, Carter, Hume, Jones, Desmond, Pratton, you have a quorum with the members that are present.
All right. Well, we've closed the comment period and
sorry. Mr. Chair, you bring it back to the commission in case there's any questions that
the commission may have to staff. Commissioners, do you have any questions for staff at this point?
Mr. Hume. Thank you, Chair. I do have some questions. The first question is there's been
a lot of discussion about the EIR and its adequacy in response to comments. Obviously,
a function of an EIR is you have mitigation measures for things that can be mitigated to less
than significant or you have to declare overriding considerations. I've seen those documents in our
packet and I know that exercise has been done. But I know that the parcel eight that was referenced,
which is essentially the, I guess it would be Southeast Quadrant of the overall area of SOI
amendment is not a part of what's been contemplated in the EIR. Would that require a new EIR at a
future date? And I'm just asking because there's a kind of a lot of slippery slope comments and
things that are being made. And so would that be its own special consideration at some point in
the future? Whatever project would be proposed? I'll defer to counsel. I'm not sure I follow
the question. My question is if parcel eight, which is that the bottom Southeast Quadrant,
it's not quite a full Quadrant, but whatever, because that's not a part of this environmental
clearance. If a project were to come forward in the future, it would require its own EIR, right?
They wouldn't be able to just amend this EIR. To the extent that this EIR evaluated impacts
of development on that parcel, then the proposal for development of that parcel
could rely on this EIR. However, this EIR was prepared to essentially not evaluate
development on that parcel. So the, I realize this is sort of a non-answer, but
I was just going to say, I can see why attorneys get paid so much because you took a yes or no
question. Yeah, but to the extent that this EIR did evaluate impacts on that parcel,
then it could be relied upon, but given the parcel. Okay, so set the hypothetical aside,
this EIR does not contemplate development of that parcel. So therefore,
so therefore its usefulness in evaluating a development proposal on that parcel is very limited.
Okay. Okay, and at that point, it would require its own environmental review, maybe not necessarily
an EIR, but it would require its own environmental review for that project to get in order,
in order for it to get discretionary permits and entitlements.
Any application would be subject to CEQ compliance at that point.
Sure, sure, sure. Mr. Chair, if it's okay, I see the city representative wanting to answer this
question maybe a little more thoroughly for me. Sure, go ahead, please.
Manager, our Habitat Conservation Plan. So there isn't any specific development plans that have
been proposed for that parcel, but as part of the overall EIR, there's land use assumptions,
potentially in the future it could be pre-zoned if that area were to be annexed, but what I do,
what's very important that I want to point out is that parcel and the parcel next to it. So the two
parcels that are contiguous with the city boundary are already covered under the city's
Natoma Space and Habitat Conservation Plan and the incidental take permits issued to the city
for the overall development, they're specifically called out in mapping. So to some extent from
at least the HCP standpoint and potential for development in the future,
they already have incidental take permits. Okay. So I just want to make sure the commission was
aware of that. Okay, I appreciate that. That wasn't necessarily the question I was asking,
but I do appreciate that because obviously I think the proximity to the school is a whole
different concern relative to sensitive receptors. So let me ask a different question then here.
There's been a lot of discussion about process and I'll get to that in just a minute, but
relative to certification of an EIR, I know that oftentimes that is done as part of the
application procedures relative to the lead agency with the land use authority.
And so we have to have certain assumptions about potential development that would happen
within this area as a part of sort of the checklist of what we go through in order
to fulfill our duties. And so this particular EIR is it more extensive than it needs to be for us
to accomplish our goals? And then secondly, is there a process wherein the city would have more
relevance relative to the project proposals that would be working through the regular
application process of a development project? I can give the policy question and then I'll
go to the attorney and I thought here we go. Okay, so there's already a case law established
called Bozang versus Lafko. And what the case law indicated was that Lafko is not just moving
a line, Lafko is supposed to be considering the potential use of the land in its decisions. So
you have no land use regulatory authority and you're supposed to be looking at services,
but you also can't ignore what's going to be on the land. So that's why in the staff report it's
saying you're solving a riddle inside an enigma. So the policy question is that you can't ignore
what's ultimately going to go there even though you have no regulatory authority over the land
use. But what happens is that you're looking at it on the assumption that this project may
happen in that area and based on those assumptions you can extrapolate what the service demand is
going to be and therefore based on that service demand you can have the seco that's associated
with it. So the Bozang case tells you you have to look at the ultimate use of the land I think is
the term, it's in the staff report. So you can't ignore it even if you can't do anything about it,
but it doesn't necessarily mean and this is to the point that was made by a commenter,
it doesn't necessarily mean that you're endorsing it, you're basically saying okay given these
assumptions what can we extrapolate, what can we say about what the impacts are going to be,
and then that's your environmental review is associated with it. So that's the policy question,
I didn't know if you wanted to add anything else to that. Yeah, and I'm going to add a little
more explanation, under CEQA an EIR has to evaluate the whole of the project, which means all the
foreseeable potential impacts and since this is a single EIR for the airport and south industrial
project it evaluates the impacts from build out and to your question about whether that's more
than would normally be necessary for LAFCO approval of expansion of the sphere then it probably is,
but under CEQA you have to consider all those impacts as you certify the EIR.
And I'd like to add too that basically CEQA does not like having projects being dissected,
they want to have a single comprehensive review that encompasses all discretionary actions
over that piece of land. So you can't just have a CEQA just for the SOI if you know that there's
going to be contemplated a development later on, a CEQA frowns upon that. So.
And so then I guess the other part of my question is is were this to go forward and were the city to
process a development application formally, is there another environmental clearance
bite of the apple that happens to make sure that whatever had been contemplated in this
part of the process is still applicable at that point? Do they have to certify the EIR?
Yes, when the city approves a permit or an entitlement once you know assuming that the project,
the property becomes part of the city, application is submitted, then the city needs to
comply with CEQA for purposes of its actions on the project and it would certify the EIR
or determine that the certified EIR by LAFCO adequately addresses all the potential impacts
of the application that could arise from the application that's before it.
Okay. Okay. Thank you for indulging me in that and I appreciate the answers,
you know, and it's just because there was a lot of comments tonight obviously that
seemed to revolve around the process and then around the adequacy of the EIR and so I wanted to
just tease out that there is a part of the process that will further examine and scrutinize the
adequacy of the EIR that's not finished here tonight, is that correct?
Yes, because all you're doing is you're determining whether or not this is a logical
expansion of the city. Then at that point it goes to the city to determine exactly what should be
developed and obviously we have this as a project. The city may ultimately say no
and then go back to the drawing board, the city may approve it and then request annexation.
But at that point it's all the discretionary action of the city and so there's going to be
further analysis in terms of the impact but again the SICO, the EIR, is supposed to have already
contemplated the environmental effects of that. There are other obviously issues relating to
land use and planning and direction that the city wants to take. Okay.
Can I add to that before you leave this topic? It's complicated obviously.
When an application comes to the city, the city will be making a determination as I said that
the potential impacts from its approval or whatever it is were all adequately addressed
in the EIR and at that point then that's a new determination and if there are members of the
public who question that determination then they will have an opportunity to object to that
determination at that time. And so then and I apologize that I'm walking out on this but I
try and get into the weeds on the actual process that's going forward here.
At that point then, does that require a new environmental document whether it's a mitigated
neg deck or is this a programmatic EIR and that would be a project EIR? I mean or is it simply
it's a covered project under the previous environmental? It will depend on the scope
and nature of the application that's before the city. If that application is such that it was
fully described in the EIR that was certified here then the city could make a determination that
all the potential impacts from its approval of a development permit for example on the property
were adequately addressed in the EIR that was certified by LAFCO on the state. And if someone
disagrees with that then because that the city will file a notice of determination at that point
and that will initiate a new 30-day statute of limitations and someone can say well I disagree
that the impacts from your action city were adequately addressed in that EIR.
Okay I think I'm tracking with you. So let me just say this in terms that I think we both
understand if they come forward with a project proposal that is substantially compliant with
what has been contemplated in this EIR then at that case they make a determination that it has
been environmentally cleared previously by the actions of this body and that is a determination
that opens up another opportunity for exposure but they don't necessarily have to produce a new
environmental document that comes up with new findings. That's right the objector might say
I mean the point of the objection would be no you do need to produce a new environmental document
right but that would be one of the questions before the court I guess.
Okay okay thank you. Mr. Chair do you want to stick with questions of staff or would you like
to move on to commissioner comments? Do you have any questions anyone? Okay please.
Thank you and thank you Commissioner Hume for the questions. I appreciate that clarification
it's important to me. I guess you know listening I came into this I'll be honest with you tonight
thinking that I was inclined to support this. I look at the the issues that have been discussed
really in terms of LAFCO's role preservation of open space. I mean I think in this project in terms of
well if this is in the city you'll have more of a guarantee of a preservation of open space because
of the city's obligations under the Natomas Basin Habitat Conservation Plan and in terms of sprawl
not doing anything that encourages sprawl I look at the adjacent urban uses and so I think
if we if we approve the action I think it's consistent with that.
I do appreciate all of the concerns by the environmental community. I appreciate your work
Mayor Fargo certainly appreciate you know everything you do and your advocacy and all the work you
did in the Natomas Basin Habitat Conservation Plan. I mean I think it's been a huge benefit for us in
Sacramento County and the laborers who are here you know the work you do I know Sacramento County
is going to continue to build out our our logistic centers and distribution centers and and and
continue to be very proud of the work that you're doing in Sacramento County and the applicant
everybody who's here tonight just really want to say how much I appreciate all of you staying here
for such a long Lafko meaning because usually they're not this long but my my I also expected tonight
to hear from a representative on this Lafko board from the city of Sacramento and I got to tell you
it's very frustrating to me that we are expected to make this decision and we don't even get a signal
from any elected official in in the city of Sacramento and and a question I did have for you
Jose is is this typical I mean a decision of this magnitude coming before a Lafko
I know this was initiated by the the applicant certainly but is it unusual that you wouldn't
have any indication from the elected body of the municipality who would be accepting this this
news sphere of influence so what Lafko law calls on you to do
is that here you're acting as a commissioner of Lafko not as a representative of your home agency
Lafko was structured to be essentially try to look at at an issue from multiple angles
this is why there's a Lafko in every county as opposed to having one statewide agency that
oversees all all boundaries that was the initial that was the initial proposal by Governor Pat Brown
was to have a single agency and instead it created 58 Lafko's each Lafko having its own state
the basically this basic same basic law to implement but it's supposed to take into account
local conditions but one of the things that Lafko specifically tell Lafko law specifically tells
you is that when you're sitting up on the dais you're not a county supervisor you're not a
city council member you're not a director from a special district you're a Lafko commissioner
and as a as a result you don't necessarily have to be looking out for the interests of your home
agency and in fact there have been laughed there have been president where a county supervisor
or a city council member votes one way when they're at their home agency and when they come to Lafko
they vote a different way so there is precedent for that and that's because that's what the law
calls you to do you're not a you're not a county county member you're not a city council member
from from galt or sacramento or a special district representative from sac metro or or um uh casinos
rcd the reality is is that you are as a lafko commissioner taking at looking at this and
trying to make a decision is this this makes sense now the there's there's that that's the
that's the legal that's what the law requires you to do to the extent that um you have heard from
city staff but you feel that you need to hear from a from elected officials from the city in
terms of how they feel about the project um that's a call that you can that you can make and that's
a perfectly fair that's a perfectly fair question to ask um so it's not um
it's not a requirement you're not called upon it if you were to make a decision tonight to approve
the soi without input from the city that's perfectly valid and the courts have given you that discretion
because you're looking at it from the facts but if you feel that you need to hear from from the
city of sacramento specifically from the electives on on the specific project it's perfectly valid
for you to say you know what we give it 30s 60 days i think the law allows you 90 uh to continue
united for up to 90 days um um to do that it just occurs and the reason i ask it you know it occurs
to me that so many of the concerns are about what's going to the decisions that are going to be made
by the land use authority lafko is not the land use authority um and and i i know that what they
do we we don't condition decisions we make based on what they do but i would have a lot i think a lot
higher comfort level if i had at least just an indication of whether this is even going to be
something that the city wants to pursue their elected body wants to pursue and you know i
i still don't know where i stand on it so please don't don't clap yet but this is what i'm wrestling
with yeah any other any other members questions comments okay
operating operating
okay thanks my comments and questions
you know you wow you guys for the unions you did not see me do that okay
thank you all righty
my comments and questions are a little bit more simple and what my question one of my questions
is we have this area uh airport south asi what is the there's been references that it's protected
area it's farmland it's green space blah blah blah that's fine what is the official status of this
area right now can anyone i i don't know the answer to it i am truly asking the question
wait now now i totally respect everyone's knowledge can someone with um i would be the county
because i want to know what the status is right now the the the area has been zone agricultural
under the county general plan as specified in the staff report it is not under williams and
act protection it's not under it is not under williams and act protection and in addition it's not
it's not within a gotta hate old age or sorry middle age
um it's not under it's the the the there are no developmental restrictions restrictions on
on the land meaning that it basically it's the landowner and the landowner has the rights to do
whatever they want with the with the land the developer rights have not been have not been
forfeited okay thank you so what i'm trying to figure out is there's not anything in place under
the county purvey uh purveyorship that would uh inhibit any type of development is that accurate
the zoning could could restrict what what happens on on on that land i mean that that is that's
that would have to have a zoning uh change correct okay and so that it would be the threshold for
any type of development there if it stays in the county correct okay thank you now for if
hypothetical if the city ends up with this with the soi what are the mitigation measures
for the development where you're going to mitigate the the land according to the eir
yeah okay so according to the to the eir um there are two types of mitigation relating to the
development of of this land one is the agricultural mitigation and the other one is on the habitat
mitigation the agricultural mitigation is one to one that's based that's consistent with lafko
with with lafko policies they do not necessarily have to be within the within the the the um
within the the the the the tomas basin however the habitat mitigation does have to be within
within the the tomas basin that's called upon by the hcp which as noted before the city is a
signature too okay no thank thank you for that delineation and i remember reading parts of this
but part of what goes on here is we had a 2010 special planning area put up by the county i don't
even know if that got established we have a natomas joint vision area vision area from uh
2012 and all these overlapping things such as airport land use and compatibility study
uh natomas hcp uh and so we have an overlap of all these different programs and i'm just
it's very disconcerting to me because i don't know what the real priority with the strength is so
if it comes down to zoning then that's it let's see um one of my very very very weighty points
that i've used in evaluations for lafko projects uh amendments brought forward has been the urban
services boundary and i take that as a very strong weighty position and i have not seen anything that
would precipitate a change in that even in that 2012 area uh from the board of supervisors to the
community planning they mentioned under the thomas joint vision area that they might have a new
location for the urban services boundary i take it that has never been changed since 1993
please repeat or is it too much yeah so it's on the record basically that the urban um the
the urban services line was changed for the wadi v south of the airport oh okay and see
that's another overlay of uses in the 100 000 foot viewpoint of this development
all right well again the hcp um urban services boundary is a very very big item for me thank
you mr chair thank you um i have just a couple quick comments our questions first question is
are there any landowners within the agricultural space that this is looking at being taken over
opposing this project or raising concerns about this project the way that the lafko law is structured
is that you take into account the the landowners of the of the site in question as is uh is primary
and then the the surrounding uses or the the the landowners in the surrounding area um you take
as advisory so in this specific case uh the majority owner um is is north point however there are some
owners of parcels within the project site that are in the non-participant non-participatory
parcels um and uh and they are not opposed to these fear amendment or to seeking the entitlements
for the for the airport south project if it if it advances to the city so uh they're just not
part of that development plan that you've that you've seen today where involves the warehouses
the retail space and the hospitality okay um and you know we've had a lot of comments tonight
about preserving ag space and open space and um you know i've spent my the better part of my career
working on agricultural protection and i just want to make a real clear distinction
that there's a great distinction between protecting agricultural land and protecting open space land
and the reason that we have landowners looking to make hard decisions like this and give up land
is because we're forcing them out of production when you bring housing developments and you bring
that closer to these things that forces land out of production these farmers are not able to actually
farm the way that they were wanting to farm originally because of being encroached on by
housing developments and things of that nature so i want to make it a real you know clear distinction
that's where i get a little sensitive to these things is there's a stark difference between
open space preservation and ag preservation because this is you know protecting open land for
particular agricultural things that do not affect neighboring landowners affect schools all those
things there's you are limiting agricultural productions so i really um you know take that
into account and then also truly champion private property rights in when you are wanting to make
changes to your land based on being forced and squeezed out in that capacity that's a landowners
right to be able to do that as well so that's kind of some of the issues in this project that i'm
wrestling with but um heard a lot of comments tonight about the you know open space i want to say
this is this is more of a request to preserve open space not true agricultural production because
that is limited in scope based on the current you know confines of this area
thank you anyone anyone else have a comment
okay please
thank you uh chair i first of all i'd love to just thank everyone that came out to speak on
this issue tonight i appreciate all of the input um appreciate the role of this body
you know about a quarter century or so i've been involved in lafko proceedings either from a far
directly i've seen just about every process imaginable i've not seen the the voter initiated
process though so that might be fun to see someday but i've seen landowner initiated processes i've
seen city or yeah agency initiated processes i've seen processes that are concurrent where
sphere of influences and annexations happen at the same time i've seen processes that are sequential
and that go one following the other and usually several years in between
and so you know if you remember there was a thing on the internet a little while back of this dress
and some people saw it as a white dress with gold and some people saw it as a blue dress with black
and the point is it was the same is the same picture the same dress but we saw it a different
way and i think that's kind of what happens with lafko processes is you know it's easy to attack
the process because it is complicated it's very narrow in scope and in focus but the implications
of it and how it comes to be um are not something that most of us deal with in our our daily lives
and so when i have a situation like this that is further than layered in complexity because you have
an urban services boundary which is a county situation has no bearing upon the city
um and you have the uh natomas habitat conservation plan which is a city agreement has no bearing
on the county and so you know you have a parcel of land here with a landowner who's wanting to
develop it for what they consider to be a viable use and that's something that we can argue about
ad nauseam not tonight hopefully uh but the reality is is that they would not be uh wanting to
pursue this path if they didn't think it were viable and so we can wish where we think other
developments of this like should occur instead but the reality is is that where the market
determines that to be feasible especially uh i can't remember who said it but in a hyper logistic
world wherein you have products flying in you have products being trucked out and you have
products being put into smaller vehicles to be distributed into neighborhoods um
all of this is a changing landscape and speaking of changing landscapes we have a massive
ev charging station going in next door that is anticipating the electrification of our fleet
and so some of the concerns that are contemplated in the eir relative to particulate matter
may not even hold true uh for the life of this project um and the process is one that even with
the action of this happening today it could be several years to go through the city um uh steps
to come back and then process an application for annexation and so as far that is all just to say
that as far as what i think as was mentioned by the executive officer my role tonight as a
laugh co-commissioner is to look at whether or not where this parcel is located meets the sort of
guardrails that are put on laugh co's with respect to compact orderly development that
discourages urban sprawl um and i think that you know without such passionate uh folks fighting
for natomas this parcel meets all of those things in spades and so um i have to say that i appreciate
all of the input from you folks uh i know we may not agree necessarily on the outcomes
but i am thankful that somebody is out there fighting for these things um because it does
result i think in a more balanced future um however as as far as i am concerned i would be
willing to move forward with the process has been proposed this evening
quivity comments or remarks from staff um if the if is that a motion commissioner hume
is there a second all second
okay uh before the scope of the motion is not clear first of all uh and before uh a motion
is made during the recess we had discussed uh some clarifications that we uh and the commission
may desire to make to the findings that are going to be adopted and if uh the commission is
would rather have a clean set of findings or we could try to uh modify those here but
uh my understanding was you had hoped to have a clean set that you could review
before a motion to adopt them was made
in light of that and given the um
um uh unspecificity in my motion i would move to adopt resolution lafko or lafc 2025-10
which is approving the requested sphere of influence amendment resolution lafc 2025-11
which is approving the uh soi amendment for the sewer district
and i would stay uh recommendation recommendation one relative to the
environmental impact report and direct staff to come back with clear findings i believe they
have they have to go together well the uh before you can approve the sphere of influence amendments
you do need to act on the siqua uh certification of the eir so that uh sequentially needs to come
first very good um alternatively we we could do this at a subsequent meeting where we have the
the actual is that cleaner if you were to continue the hearing to a date certain uh
you could continue the deliberations and then adopt the resolutions that you uh that you need
okay go ahead can we close the public hearing and and continue the deliberations to that later
date no we close the public comment we leave public comment sorry close the public comment
and just coming from just continuing the deliberations and the motion to the next meeting
is that correct okay right is that okay with you mr hume uh sure i'd be fine to
continue this item do we have a date of what that date certain would be the next commission meeting is
uh is set for may 7th may 7th uh i believe that conflicts with cap to cap no no cap to cap is
my understanding is may 2nd okay then i would make the motion to continue to leave the hearing
open and continue the item to uh may the 7th okay okay thank you
okay well i think thank everyone who came out for uh we had a lot of speakers tonight
robust and civil discourse appreciate it thank you very much do we have any other items
we have business item eight which i'll try to wrap up as quickly as possible okay
um to update the commission on business item eight uh the board of supervisors approved the
classification the salaries mr chair i i know it's late can we can we just pause for just a
second and ask people to clear the chambers folks can you take it outside yeah we're still
continuing we still have a meeting please take it outside thank you dole dole can you help us out
and get folks to go to the lobby please thank you unless you want to sit and be quiet
well i tell you we're gonna take that we're gonna take that out of your
here
hosie you're up hello there uh business item eight
madame clerk receive update from general counsel on the sacramental county reclassification of the
left co-executive officer and provide direction yeah okay hi so uh i'll i'll i'm not general counsel
but i play one on tv um actually not even that um
sure i do have to reestablish a quorum bringing back the chair oh sorry okay
commissioners little here carter hume jones desmond pratton
and chair cappellan you have a quorum
now item eight
it's receive update from general counsel on the sacramental county reclassification of the
left co-executive officer and provide direction so um uh madam chair and commissioners um the
update is that the uh classification for the executive officer was approved and and salary
schedule was approved um by the the sacramental county board of supervisors on march 11th it
has become effective um as of the pay period that covered uh march 11th um and so the um
the ad hoc committee will be reconvening again to discuss other steps because this is a part of a
larger uh scope which entails the the rest of the rest of staff and and the rest of other um issues
um and so that meeting i believe has been set uh for next week and um and we'll be able to
provide you with an update by may
madam clerk uh any questions public comments we do not have any public uh comments on this item
commissioner comments seeing none uh executive uh moving to uh item nine executive offer officer
commission counsel uh astro sheet or correspondence anything um for the sake of brevity that you've
got you have the astro sheet as part of your as part of your packet um and i'll spare your analyst
from policy analyst from having to provide you with an update on that uh in terms of announcements um
the uh you have a letter as actually as part of consent from the cal afco board of directors
relating to the state of the association and and what's been going on the board has been
diligently uh working with the transition team to get the cal afco back uh on on good footing
and that's the update all right any other commission chair comments
seeing and hearing none i will call this meeting adjourn at 10 p.m
inc
Discussion Breakdown
Summary
Sacramento Local Agency Formation Commission Meeting - April 3, 2024
The Sacramento Local Agency Formation Commission (LAFCO) held a public hearing to consider approving sphere of influence amendments for the City of Sacramento and Sacramento Area Sewer District related to the proposed Airport South Industrial Project.
Opening and Introductions
- Meeting chaired initially by Lisa Kaplan before recusal due to conflict of interest
- LAFCO's role explained: overseeing boundary changes, formation of agencies, and preservation of agricultural/open space
- Quorum established with commissioners present
Key Project Details
- 472.4-acre project site in unincorporated Sacramento County
- Located outside City's urban services boundary
- Proposal includes warehouses, hospitality, and retail development
- Site bounded by I-5, City of Sacramento, Powerline Road, and Paso Verde K-8 school
Environmental Review
- Joint EIR prepared by LAFCO and City of Sacramento
- Significant unavoidable impacts identified for:
- Aesthetics
- Agricultural resources
- Air quality
- Greenhouse gases and energy
- Requires 1:1 mitigation ratio for farmland conversion
Public Comments
- Over 80 written comments received
- Extensive public testimony (3+ hours) from:
- Environmental groups opposing project
- Labor unions supporting project
- Local residents concerned about impacts
- Former Mayor Heather Fargo opposing project
Key Issues Raised
- Concerns about process and lack of City Council review
- Impact on Natomas Basin Habitat Conservation Plan
- Air quality impacts on nearby school and residents
- Loss of agricultural land and habitat
- Traffic impacts and infrastructure concerns
Outcome
- Commission continued item to May 7, 2024 meeting
- Staff directed to return with clarified findings
- Public comment closed but hearing remains open
The meeting concluded at 10:00 PM after approximately 5 hours of discussion and public testimony.
Meeting Transcript
I would like to call this meeting of the Sacramento local agency formation commission to order. Thank you so much for coming tonight. My name is Lisa Kaplan. I am the chair of SAC LAFCO. The commissioners are locally elected officials who are designated by their respective home agencies to serve LAFCO. Our role is to oversee boundary changes of cities and special districts, the formation of new agencies, including incorporations of new cities and districts, and the consolidation or reorganization of special districts and cities. The broad goals of the commission's directive are to ensure the orderly formation of local government agencies, preserve agricultural and open space land, and to discourage urban sprawl. Commissioners must, by law, create municipal service reviews and update spheres of influence for each independent local governmental jurisdiction within their countywide jurisdiction. Our meetings are always open to the public and regularly scheduled meetings are shown live on Metro Cable Channel 14, webcast live on the Metro Cable TV website, and posted on the county's website. Comments are welcome. Tonight, for the agenda, we are commissioners. We're going to take on public hearing items. We're going to take the consider and approve the proposed budget first before we get to the item six. And then for those submitting public comments, public comments are going to be two minutes. We are accepting public comments now, so make sure you submit your request to speak. At the time that I recuse myself and my vice chair takes over in this item comes up, we will no longer at LAFCO be accepting public comments on this item, so please make sure you get them in. I would now like to direct the clerk to do roll call and establish a quorum. Thank you. Commissioners Liddle. Here. Carter. Here. Hume. Here. Jones. Here. Desmond. Here. Pratton. Here. And Chair Kaplan. Here. You have a quorum. Thank you so much. And clerk, do you have any meeting statements? Yes, I do. This meeting of the Sacramento local agency formation commission is live and recorded with closed captioning. The Sacramento local agency formation commission fosters public engagement during the meeting