2005/11/08 City Council Resolution (8)RESOLUTION NO. 2005 -335
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ENDORSING
AND SUPPORTING THE PRINCIPLES AND APPROACH TO THE CONSERVATION AND
PROTECTION OF THE CALIFORNIA TIGER SALAMANDER AND LISTED PLANT
SPECIES SET FORTH IN THE DRAFT SANTA ROSA PLAIN CONSERVATION STRATEGY;
INCORPORATING CERTAIN INTERIM MITIGATION GUIDELINES CURRENTLY USED
BY THE UNITED STATES FISH AND WILDLIFE SERVICES (USFWS) AND THE
CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG); APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNING AGREEMENT REGARDING
THE SANTA ROSA PLAIN CONSERVATION STRATEGY; AND AUTHORIZING THE
DIRECTOR OF COMMUNITY DEVELOPMENT TO FILE A NOTICE OF EXEMPTION
WHEREAS, the Santa Rosa Plain contains habitat for the Sonoma County distinct
population segment of the California tiger salamander ( "CTS "), which is listed as endangered
under the federal Endangered Species Act; and
WHEREAS, the USFWS has proposed to designate critical habitat for the CTS within the
Santa Rosa Plain and other areas within Sonoma County; and
WHEREAS, four plant species occurring on the Santa Rosa Plain (Burke's goldfields,
Sonoma sunshine, Sebastopol meadowfoam, and the many flowered navarretia, collectively the
"listed plants ") are also protected under the federal Endangered Species Act ("ESA") and the
California Endangered Species Act ( "CESA "); and
WHEREAS, because of the regulatory protections afforded the CTS and listed plants,
projects proposed on the Santa Rosa Plain have to conduct extensive and time - consuming studies
and obtain approval by the wildlife agencies of proposed mitigation on an individual basis, which
has resulted in substantial expense and delay for a wide range of public and private projects that
will increase if critical habitat for the CTS is designated in Sonoma County; and
WHEREAS, the piecemeal, project -by- project approach to mitigation of the impacts of
projects on the listed plants and CTS has resulted and will continue to result in a patchwork of
preserved habitat throughout the Santa Rosa Plain that is not likely to contribute to the long -term
survival and recovery of CTS; and
WHEREAS, in response to these concerns, the County of Sonoma and the cities of Santa
Rosa, Cotati, and Rohnert Park joined with representatives of several federal and state resources
agencies (including the U.S. Fish and Wildlife Service and the California Department of Fish and
Game) and the environmental and development communities to form a Conservation Strategy
Team to develop a strategy for the conservation of CTS and the listed plant species on the Santa
Rosa Plain; and
WHEREAS, the Conservation Strategy Team released a draft "Santa Rosa Plain
Conservation Strategy" ( "SRPCS ") dated August 3, 2005, which contains a detailed, peer-
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reviewed, comprehensive biological approach to preserving sufficient areas of habitat in the Santa
Rosa Plain to help ensure the long -term survival and contribute to the recovery of the listed plants
and CTS, which may be adjusted or revised by the parties to the Planning Agreement based on new
scientific data or, consistent with the best scientific and commercial data available, to address: the
creation of conservation areas within urban growth boundaries; agricultural activities; small,
ministerial projects; fire protection through weed abatement; flood protection through drainage
ditch clearing; operations of the Santa Rosa Subregional Wastewater System; the manner, in which
the local jurisdictions and the resource agencies will implement the SRPCS; other issues not
adequately or specifically addressed in the SRPCS; compliance with the California Environmental
Quality Act; and public comments received during consideration, adoption, and implementation of
the SRPCS; and
WHEREAS, the SRPCS is intended to meet the following objectives:
• Provide for the long -term survival and contribute to the recovery of CTS and listed
plant species through the preservation, restoration, management and monitoring of species
habitat in an adequately- funded system of conservation areas that will not be subject to
development and will ensure that preservation occurs throughout the distribution of the
species in the Santa Rosa Plain. The draft SRPCS released August 3, 2005 describes and
contains maps of ten conservation areas proposed by the Conservation Strategy Team based
upon its evaluation of the best scientific and commercial data available, based upon the
following factors: 1) known distribution of CTS, 2) the presence of suitable CTS habitat, 3)
presence of large blocks of natural or restorable land, 4) adjacency to existing preserves, 5)
known location of the listed plants, and 6) future development areas established under
existing land use regulatory mechanisms;
• Provide for a predictable and streamlined process that substantially all public and
private activities can utilize to achieve compliance with the ESA and CESA;
• Accommodate appropriate growth and development within the Santa Rosa Plain,
consistent with the general plans adopted by the local jurisdictions therein;
• Ensure that impacts to the CTS and listed species are appropriately minimized and
mitigated consistent with the requirements of the ESA and CESA;
• Establish guidelines and appropriate practices to facilitate on -going operations and
maintenance of existing and future infrastructure and public facilities;
Maximize opportunities for the restoration and enhancement of degraded habitat
areas;
• Ensure ongoing adaptive management and monitoring of habitat areas conserved
under the SRPCS; and
• Monitor the effectiveness of the SRPCS and provide for enforcement of its terms in
order to meet its objectives; and
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WHEREAS, based on the work of the Conservation Strategy Team, the County of Sonoma,
the Cities of Santa Rosa, Cotati, and Rohnert Park, and the Town of Windsor (the "Local
Jurisdictions "), in conjunction with the USFWS and CDFG, have commenced a process to develop
an implementation program for the SRPCS, in order to help ensure the long -term survival and
assist in the recovery of the CTS and listed plants within the Santa Rosa Plain and to help resolve
significant regulatory compliance issues now faced by project proponents; and
WHEREAS, the County and the other Local Jurisdictions along with local stakeholders
have invested and will continue to invest significant staff and outside resources to develop an
implementation program for the SRPCS, and are committed to continuing to work together with
USFWS, CDFG, and local stakeholders in doing so, to provide for full and open public input and
comment upon all actions to modify or implement the SRPCS, and to take actions as they deem
appropriate to adopt, and implement the SRPCS (including making such adjustments or revisions
of the SRPCS that may be necessary as described above), subject to compliance with all applicable
legal requirements; and
WHEREAS, the Local Jurisdictions, USFWS, and CDFG propose to enter into the Planning
Agreement regarding the SRPCS (the "Planning Agreement ") to memorialize their mutual
commitments and obligations with respect to development of an implementation program for the
SRPCS; and
WHEREAS, interim mitigation guidelines for projects that may impact CTS and the listed
plants have been developed and are currently being used by the USFWS and the CDFG, as set forth
in the Programmatic Biological Opinion issued by the USFWS on July 17, 1998, and the letter
from USFWS and CDFG dated June 29, 2005; and
WHEREAS, implementation of the USFWS /CDFG interim CTS mitigation guidelines by
the Local Jurisdictions during the CEQA review process for discretionary projects will ensure that
the impacts of such discretionary projects on CTS are mitigated to a less than significant level, will
ensure that the projects will not jeopardize the continued existence of the CTS, and will further the
conservation of and contribute to the recovery of the CTS, and will provide conservation benefits to
the CTS greater than the benefits that would be provided by a critical habitat designation; and
WHEREAS, a designation of CTS critical habitat will adversely affect the finalization and
implementation of the SRPCS and the ability of the Local Jurisdictions to realize the SRPCS's
goals and objectives, and would lead to various unintended consequences that would burden the
process and create significant uncertainties regarding the viability and outcome of the SRPCS,
without affording the CTS any additional conservation benefit, thus posing substantial risks to the
SRPCS planning effort in the form of added regulatory uncertainty, increased costs to plan
development and implementation, weakened stakeholder support, increased regulatory review,
greater vulnerability to legal challenge, and significant economic impacts; and
WHEREAS, the USFWS may exclude areas from critical habitat designations if it
determines that the benefits of such exclusions outweigh the benefits of specifying such areas a
critical habitat; and
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WHEREAS, in its proposed critical habitat designation, the USFWS recognized that the
SRPCS could provide a similar or greater level of conservation benefits to the CTS in Sonoma
County when compared to a final designation of critical habitat within the County; and
WHEREAS, the SRPCS will (a) confer a greater degree of conservation benefits on the
CTS as compared with a critical habitat designation; (b) better educate the public with respect to
CTS conservation measures, and thus enhance the likelihood of implementation of such measures;
and (c) encourage and have a much greater positive impact on voluntary conservation efforts on
privately -owned land than a critical habitat designation; and
WHEREAS, the designation of critical habitat by USFWS could negatively impact the
conservation effort to protect the CTS and listed plants, diminish the willingness of stakeholders to
contribute to voluntary conservation actions, and cause one or more of the Local Jurisdictions to
withdraw from the regional conservation effort;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Sonoma hereby finds, determines, and declares as follows:
The foregoing recitals are true and correct.
2. The County supports and endorses the biological principles and the biological
approach to the conservation and protection of the CTS and listed plant species set forth in the draft
Santa Rosa Plain Conservation Strategy dated August 3, 2005. The County supports and endorses
the targeting of mitigation within potential preserve areas located generally outside of urban growth
boundaries, and the standardization of mitigation requirements for projects affecting CTS and listed
plant species. The County agrees to work cooperatively with the other Local Jurisdictions, USFWS,
and CDFG, and representatives of affected stakeholders to implement the SRPCS (including any
necessary revisions of the SRPCS).
3. The County intends to move as quickly as reasonably possible to take such actions
as it deems necessary to develop and finalize an implementation program for the SRPCS in full
compliance with all applicable laws, provided that this resolution does not legally bind the County
to take any such actions unless and until the County determines to do so in the future following the
completion of environmental review and any required public notices, hearings, and meetings. The
County hereby agrees to take a final Board vote within 24 months of the Effective Date of the
Planning Agreement on those actions it deems necessary to implement the final SRPCS.
4. Pending the final vote described above, the County shall use during its CEQA
review process for discretionary projects the interim mitigation guidelines set forth in the USFWS
and CDFG letter dated June 29, 2005 (or as later modified in writing by those agencies, provided
that if a Local Jurisdiction objects to a later modification of the interim mitigation guidelines, it
need not use such modification unless USFWS and CDFG document the basis for the modification
and work cooperatively with the Local Jurisdiction to resolve such objections to the satisfaction of
the Local Jurisdiction) to mitigate for the impacts of discretionary projects on CTS and the listed
plant species (excluding projects constituting "linear projects" under the SRPCS, and projects
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having only temporary impacts). These interim mitigation guidelines shall apply until the earlier of
the adoption of all actions implementing the SRPCS by the County, the withdrawal of the County
from the Planning Agreement, or the termination of the Planning Agreement.
5. The Planning Agreement relating to the Santa Rosa Plain Conservation Strategy is
approved, and the Mayor is directed and authorized to execute the Planning Agreement.
6. Approval and execution of the Planning Agreement relating to the Santa Rosa Plain
Conservation Strategy is exempt from the California Environmental Quality Act (CEQA) pursuant
to the CEQA Guidelines (Section 15262).
7. The Director of Community Development is authorized and directed to file a Notice
of Exemption with the County Clerk in accordance with provisions of the California Environmental
Quality Act.
8. The Mayor is authorized to make changes to the Planning Agreement relating to the
Santa Rosa Plan Conservation Strategy as approved by all the local jurisdictions involved with this
agreement and/or as required by the United States Fish and Wildlife Services (USFWS) and the
California Department of Fish and Game (CDFG) prior to executing the Planning Agreement for
and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this date of November 8, 2005.
CITY OF ROl-INERT PARK
Ma or
ATTEST:
BREEZE: AYE FLORES: AYE SMITH: AYE VH)AK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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Santa Rosa Plain Conservation Strategy Planning
Agreement
by and among
The County of Sonoma, the City of Santa Rosa, the City
of Cotati, the Town of Windsor, the City of Rohnert Park,
the California Department of Fish and Game, and
the United States Fish and Wildlife Service.
November 8, 2005
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Santa Rosa Plain Conservation Strategy
Planning Agreement
This agreement regarding the Santa Rosa Plain Conservation Strategy
( "Agreement ") is entered into as of the Effective Date by and among the County
of Sonoma, the City of Santa Rosa, the City of Cotati, the Town of Windsor, the
City of Rohnert Park, the California Department of Fish and Game, and the
United States Fish and Wildlife Service.
1. Definitions
The following terms as used in this Agreement will have the meanings set forth
below.
1.1. Board means the governing board of each of the Local Jurisdictions.
1.2. CEQA means the California Environmental Quality Act, Public
Resources Code, Section 21000, et seq.
1.3. CESA means the California Endangered Species Act, California Fish
and Game Code, Section 2080, et seq.
1.4. Covered Activities means the activities that will be addressed under
this Agreement and for which the Local Jurisdictions will seek incidental
take authorization under the ESA and the CESA .
1.5. Covered Species means the Sonoma County distinct population
segment of the California tiger salamander, and four plant species:
Burke's goldfields, Sonoma sunshine, Sebastopol meadowfoam, and
many - flowered navarretia.
1.6. Critical Habitat means the area (if any) the USFWS may designate as
critical habitat for a threatened or endangered species in a final rule
pursuant to Section 4 of ESA.
1.7. CTS means the California tiger salamander.
1.8. DFG means the California Department of Fish and Game, the agency
of the State of California authorized and empowered to act as trustee for
wildlife (as defined in Fish and Game Code Section 711.2) of the State on
behalf of its residents.
1.9. ESA means the federal Endangered Species Act, 16 U.S.C. sections
1531, et seq.
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maintenance of the juvenile and adult population (upland habitat). The
distribution of Burke's goldfields, Sonoma sunshine, and Sebastopol
meadowfoam is confined almost entirely to the Plain. Many - flowered navarretia
occurs mostly outside the Plain, but its only Sonoma County population is
present on the Plain.
The listing of the Sonoma County CTS and the four plant species reflects the
overall decline in the viability of these species throughout much of their historic
range. Populations of these species have declined significantly from historic
levels. According to the USFWS, this decline has resulted from variety of factors,
including, most importantly, habitat loss and degradation caused by residential,
commercial and industrial development and agricultural operations. Projected
future growth and development on the Santa Rosa Plain pose a significant threat
to the long -term viability of Sonoma County CTS and the listed plant species.
2.2. Santa Rosa Plain Conservation Strategy
In 2004 a representative of some of the Local Jurisdictions joined with
representatives of DFG, USFWS, other resource agencies, the environmental
and development communities (collectively the "Conservation Strategy Team ") to
develop the SRPCS as a comprehensive biological approach to help assure the
long -term survival and contribute to the recovery of the Covered Species within
the Santa Rosa Plain based on the best scientific and commercial data available.
A draft SRPCS has undergone scientific peer review, and was released to the
public on August 3, 2005.
2.2.1 Goals of the SRPCS
The goals of the SRPCS include the following:
• Use the best available scientific and commercial data available to
provide for the long -term survival and contribute to the recovery of CTS
and listed plant species through the preservation, restoration,
management and monitoring of species habitat in an adequately- funded
system of conservation areas that will not be subject to development and
will assure that preservation occurs throughout the distribution of the
species in the Santa Rosa Plain. Location of conservation areas includes
consideration of the following factors: 1) known distribution of CTS, 2) the
presence of suitable CTS habitat, 3) presence of large blocks of natural or
restorable land, 4) adjacency to existing preserves, 5) known location of
the listed plants, and 6) future development areas established under
existing land use regulatory mechanisms. The draft SRPCS released
August 3, 2005 describes and provides maps of ten areas in which the
Conservation Strategy Team determined conservation areas should be
located under the Strategy based on its assessment of the best scientific
and commercial data available;
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2.2.2.1.2 After finalization and implementation the SRPCS may be further
adjusted or revised by the Parties to reflect the best scientific and commercial
data available through the process of adaptive management described in the
Conservation Strategy.
2.2.2.2. Other adjustments or revisions
2.2.2.2.1 Consistent with the best scientific and commercial data
available, the draft SRPCS may be adjusted or revised by the Parties, following
consideration of any recommendations of the Implementation Committee, prior to
finalization to address: the creation of conservation areas within urban growth
boundaries; agricultural activities; small, ministerial projects; fire protection
through weed abatement; flood protection through drainage ditch clearing;
operations of the Santa Rosa Subregional Wastewater System; the manner in
which the local jurisdictions and the resource agencies implement the SRPCS;
other issues not adequately or specifically addressed in the SRPCS; compliance
with the California Environmental Quality Act; and public comments received
during consideration, adoption, and implementation of the SRPCS.
2.2.2.2.2 Consistent with the best scientific and commercial data available,
after finalization and implementation the SPRCS may be further adjusted or
revised by the Parties through the process of adaptive management described in
the Conservation Strategy.
2.3. Purposes of This Agreement
The purposes of this Agreement are to:
• Establish a process and timeline for the Local Jurisdictions to
finalize the SRPCS, to develop an implementation program for the
SRPCS, and to take such actions as are necessary to implement the final
SRPCS under local law;
Assure public participation and outreach throughout that process;
• Memorialize an interim process to be used by the Parties to the
extent permitted by law that encourages actions conducive to achieving
the conservation objectives identified in the SRPCS; and
• Ensure coordination between the Local Jurisdictions and the
Wildlife Agencies and communication with the Implementation Committee
with respect to future application of the SRPCS.
2.4. Regulatory Goals
The Local Jurisdictions intend to provide a mechanism for development and
other activities contemplated by the general plans of the Local Jurisdictions to
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3.2.1 Mandatory Timeline for Local Jurisdictions to Vote on Actions
to Implement SRPCS
The Local Jurisdictions are subject to a variety of procedural and
regulatory requirements prior to the adoption of local actions. The Local
Jurisdictions intend to move as quickly as reasonably possible to take
such actions as they deem necessary to develop and finalize an
implementation program for the final SRPCS in full compliance with all
applicable laws, provided that nothing in this Agreement shall legally bind
any Local Jurisdiction to take any such actions unless and until the Local
Jurisdiction determines to do so in the future following the completion of
environmental review and any required public notices, hearings, and
meetings. The Local Jurisdictions agree to take a final vote within 24
months of the Effective Date of the Planning Agreement on those actions
they deem necessary to fully implement the final SRPCS. Within 12
months of the Effective Date of this Agreement each Local Jurisdiction will
report to the Parties and communicate with the Implementation Committee
in writing on its progress toward a Board vote on such actions.
4. Public Participation
The Local Jurisdictions are committed to considering the SRPCS and the
implementation program and actions relating to the adoption hereof in an open
and transparent process, with input from all concerned citizens. The process will
provide for thorough public review and comment.
4.1. Implementation Committee
The Implementation Committee will meet regularly to discuss issues relating to
the SRPCS and its implementation, to evaluate potential adjustments or revisions
to the SCPCS, and to work toward completing the SCPCS for consideration by
the Local Jurisdictions and the Wildlife Agencies as soon as practicable.
4.2. Outreach
The Parties, in coordination with the Implementation Committee, will provide
access to information for persons interested in the SRPCS; with an emphasis on
obtaining input from a balanced variety of interests including landowners,
conservation organizations, agricultural organizations, and the general public.
The Parties expect and intend that public outreach regarding the SRPCS will be
conducted largely by and through the Implementation Committee and the
governing boards of the Local Jurisdictions. Other outreach efforts will include
development of a website and informational public meetings on the SRPCS.
4.3. Availability of Public Review Drafts
Public review documents including draft plans, memoranda of understanding,
maps, conservation guidelines, and other planning documents will be made
available for public review in a reasonable and timely manner. The Parties agree
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6. Commitment of Resources
6.1. Funding
6.1.1. Local Funding
The Local Jurisdictions recognize that, as prospective recipients of State
and federal take authorizations, they have the primary responsibility for
developing a plan that meets applicable legal requirements and that, as a
result, the costs of developing a plan to implement the SRPCS must be
funded primarily from locally- derived sources. This Agreement does not
require the Local Jurisdictions to expend funds that have not been duly
appropriated and committed in writing by authorized Local Jurisdiction
representatives, provided that inadequate funding shall not absolve the
parties of their legal obligations under this Agreement.
6.1.2. Conservation Planning Funding
DFG agrees to cooperate with the other Parties in identifying and
securing, where appropriate, federal and State funds earmarked for
conservation planning. DFG's commitments and obligations under this
Agreement are subject to the availability of appropriated funds and the
written commitment of funds by an authorized DFG representative.
6.1.3. USFWS Funding
The USFWS agrees to cooperate with the other Parties in identifying and
securing, where appropriate, federal and State funds earmarked for
conservation planning and implementation purposes. Potential federal
funding sources may include: the USFWS' Cooperative Endangered
Species Conservation Fund, the Land and Water Conservation Fund, and
land acquisition grants or loans through other federal agencies such as
the Environmental Protection Agency, the Army Corps of Engineers, or the
Departments of Agriculture or Transportation. The commitments and
obligations of the USFWS under this Agreement are subject to the
requirements of the federal Anti - Deficiency Act and the availability of
appropriated funds. The Parties acknowledge that this Agreement does
not require any federal agency to expend its appropriated funds unless
and until an authorized officer of that agency affirmatively acts to commit
to such expenditures as evidenced in writing.
6.2. Assistance from USFWS and DFG
Subject to funding and staffing constraints, the Wildlife Agencies agree to
provide technical and scientific information, analyses and advice to assist
the Local Jurisdictions with the timely and efficient implementation of this
Agreement.
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SIGNATURES:
Dated: 2005
CALIFORNIA DEPARTMENT OF FISH AND GAME
Banky Curtis, Deputy Director
Habitat Conservation Division
Dated: , 2005
US FISH AND WILDLIFE SERVICE
In
Dated: , 2005
COUNTY OF SONOMA
By:
Tim Smith, Chair
Board of Supervisors
Dated: , 2005
CITY OF SANTA ROSA
In
Dated: , 2005
CITY OF COTATI
in
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ATTACHMENT A
[Map of Planning Area]
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