2006/03/14 City Council Resolution (18)RESOLUTION NO. 2006 - 84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
Approving Implementation of Santa Rosa Plain Conservation Strategy Interim Guidelines
provided by US FISH & WILDLIFE SERVICE and CA DEPARTMENT OF FISH & GAME
Mitigating potential impacts to the California Tiger Salamander, listed plants, and their habitat
associated with the development on the Santa Rosa Plain
BE IT RESOLVED by the City Council of the City of Rohnert Park that it approves interim
mitigation guidelines put forth by the US Fish & Wildlife Service and the CA Department of
Fish & Game in the attached proposed letter to Mr. Jeffrey C. Kolin, City Manager of the City of
Santa Rosa; and
BE IT FURTHER RESOLVED that the project is categorically exempt from the California
Environmental Quality Act, pursuant to California Code of Regulations, Title 14, Chapter 3,
Section 15307 (Class 7 — Actions by Regulatory Agencies for Protection of Natural Resources).
DULY AND REGULARLY ADOPTED this 14th day of March, 2006
ATTEST: J
City Clerk
CITY OF ROHNERT PARS-- - ---
Mayor Tim Smith
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Interim CTS Mitigation
Areas being proposed for development will follow the interim guidelines. However, they
will require individual evaluations.
Prior to approval of an Implementation Plan of the Conservation Strategy, FWS and DGF
will apply the following interim mitigation guidelines. Interim mitigation shall apply to
all projects, including linear projects. Where appropriate, the USACE, USEPA, and
NCRWQCB will also apply these guidelines. Unless otherwise shown on Figure 3,
mitigation for CTS will be required for all projects within 1.3 miles of known breeding
sites. Generally, distance from breeding sites is the determiningl'~a ' or for establishing
mitigation ratios, as most CTS remain in the vicinity of their.bigh sites and return as
adults to breed (see Final Conservation Strategy Section 4;::
Other elements of the Final Conservation Strategy
period include the following:
Preserve evaluation criteria
Mitigation banking
Management and enhancement of
Translocation of listed species
Minimization measure
this interim
will also be applied, where
ratios will be applied:
500 feet of a known breeding site
greater than 500 feet, and within 2200 feet of a
yond 2200 feet from a known breeding site, but
that are greater than 2200 feet, and within 1.3 miles of a
Mitigation of 0.2:1 -`For projects in areas shown on Figure 3 as "Potential for Presence
of CTS" or "Potential for Presence of CTS and Listed Plants." In this case, mitigation
may be provided by monetary contribution to a species fund overseen by FWS and/or
DFG. This monetary contribution will be equivalent to the value of the 021 mitigation
ratio. A project proponent may choose to survey to determine CTS presence rather than
mitigate. In the event CTS is found, CTS mitigation shall be as outlined above. If not
CTS are found, no CTS mitigation will be required.
2/2/2006
rx€ "I
US Fish & Wildlife Service
Sacramento Irish and Wildlife Office
2800 Cottage Way, Room W -2605
Sacramento, CA 95825 -1846
(916} 414 -6600
'�
FAX (916) 414 -6612
Mr. Jeffrey C. Kolin
City Manager
Office of the City Manager.
100 Santa Rosa Avenue
P.O. Box 1678,
Santa Rosa, California 95402 -1678
Dear Mr. Kolm:
t t
r
CA Dept. of Fish & Game
1416 Ninth Street
12th Floor
Sacramento, CA 94244 -2090
(916) 653 -9767
FAX (916) 653 -2588
The purpose of this correspondence is to amend our June 29`x' letter that provided guidance to local
jurisdictions regarding the U.S. Fish and Wildlife Service (FWS) and California Department of Fish and
Game (DFG) approach to mitigate for potential impacts to the California tiger salamander (CTS), listed
plants and their habitat associated with development on the Santa Rosa Plain. Coordination of Federal, State
and local efforts to preserve the species and provide .a consistent approach for mitigation remain vital to the
long term conservation of the listed species.
As you know, the Santa Rosa Plain Conservation Strategy (Conservation Strategy) has been finalized.
Members of the Santa Rosa Conservation Strategy team included representatives from: U.S. Army Corps of
Engineers, the U.S. Enviromnental Protection Agency, North Coast Regional Water Quality Control Board,
local agencies, and the Laguna de Santa Rosa Foundation, environmental community and the private
landowner community. Utilizing historical and projected data relating to land use and development and
peer - reviewed biology that considered the conservation of CTS and listed plants. The Conservation Strategy
was finalized on December 1, 2005. The Conservation Strategy underwent both scientific peer review and
public review.
While the implementation process has yet to be completed, the Conservation Strategy provides the FWS and
DFG with guidelines for mitigation of individual projects. The FWS and DFG will work with the local
jurisdictions and other stakeholders in the Santa Rosa Plain to implement the Conservation Strategy.
However, in the interim, it is crucial that the agencies continue to coordinate .their efforts to ensure that
mitigation as part of the project review process at the federal and state local level is consistent with the long
term conservation goals identified in the Conservation Strategy.
The FWS and DFG encourage the jurisdictions through the Implementation Committee to begin soon as
possible to develop the Implementation Plan for the Conservation Strategy, including any necessary CEQA
documents and ordinances. This is imperative to meet the jurisdictions timetable to adopt the Conservation
Strategy and Implementation Plan within 24 months of the effective date of the recently passed resolutions
and Planning Agreements.
The FWS and DFG will follow the interim guidelines that have been developed as part of the Conservation
Strategy (Enclosure). The Conservation Strategy has identified these guidelines as appropriate "Interim
Mitigation" in the final document. The interim approach used by the FWS and DFG include established
mitigation ratios based on proximity to CTS breeding pools, using the existing Plant Programmatic
Biological Opinion, standards for the establishment of proposed preserve sites, guidelines regarding the use
of mitigation banks, linear projects, minimization measures, management and enhancement of habitat and
translocation of the species. It is our understanding that the local jurisdictions will also incorporate the
interim mitigation in their permit process for individual projects. FWS and DFG will use the maps attached
to the Conservation Strategy to implement the interim guidelines.
A change from the June 29, 2005 letter is the inclusion of mitigation for impacts to potential CTS habitat.
The Conservation Strategy in Figure 3 identifies areas of the Santa Rosa Plain as "Potential for Presence of
CTS and /or plants ". Mitigation for impacts to potential CTS habitat in these areas could.occur at a 0.2 to 1
ratio or alternatively the applicant could pay into a Species Fund an amount equal to the cost,of 0.2 acre of
mitigation plus a 2.5% administrative cost. This approach provides an alternative to surveys for areas that
are outside of the 1.3 miles from known breeding sites and for areas that the potential for CTS is unknown.
This species contribution does not address mitigation obligations for wetland or listed plants impacts. For
those wishing to make the monetary contribution, the California Wildlife Foundation will accept the funds.
These funds will be used to secure additional sites for conservation or for the enhancement of FWS and DFG
approved sites within the Santa Rosa Plain. In these areas, project proponents also have the option of
conducting two years of protocol level surveys to demonstrate absence of CTS.
FWS and DFG are in the process of developing a programmatic biological opinion with the Corps of
Engineers based on the Conservation Strategy. The programmatic biological opinion will include mitigation
measures that promote conservation and contribute to the recovery of the listed species. It is important that
the local jurisdictions provide information that would allow for timely completion of this programmatic
biological opinion. The information needed includes: 1) types of ministerial projects; 2) tracking methods
for these projects, 3) level of impact for these projects; 4) agricultural activities; and 5) other types of
projects that the jurisdictions' might want included within the analysis of the programmatic biological
opinion.
Following the interim guidelines for mitigation will ensure the development of a network of preserves and
provide increased conservation and contribute to the recovery of these listed species. Preservation of
contiguous or connected habitat, subject to management and monitoring practices designed to enhance that
habitat will result in more extensive, high - quality habitat.
If you have any questions about the FWS and DFG's interim mitigation approach for the Santa Rosa Plain,
please contact Cay C. Goude with FWS at (916) 414 -6600 or Carl Wilcox with DFG at (707) 944 -5525.
Sincerely,
Susan K. Moore
Acting Field Supervisor
Sacramento Fish and Wildlife Office
Enclosure
Robert W. Fl
Regional Ma:
Central Coa
California Df
& Game