2019/10/22 City Council Resolution 2019-133 RESOLUTION NO. 2019-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE PURCHASE OF CALIFORNIA TIGER
SALAMANDER HABITAT MITIGATION CREDITS FROM THE HAZEL
MITIGATION PRESERVE LLC IN THE AMOUNT OF $159,600 FOR THE KEISER
AVENUE RECONSTRUCTION PROJECT (PROJECT 2017-18) AND EXECUTION OF
AN AGREEMENT FOR SALE
WHEREAS, the Development Agreement by and between the City and the University
District LLC and Vast Oaks L.P. (Developer) requires the Developer to reconstruct Keiser
Avenue, or fund the City's reconstruction of Keiser Avenue; and
WHEREAS, the Developer has elected to reconstruct Keiser Avenue from Kerry Road to
Petaluma Hill Road and has elected to fund the City's reconstruction of Keiser Avenue from
Snyder Lane to Kerry Road, which is being undertaking as City Capital Improvement Project
2017-18; and
WHEREAS, the Keiser Avenue Reconstruction Project(Project 2017-18) is consistent
with the University District Environmental Impact Report (UDEIR) and its construction must
comply with the various mitigation measures adopted with the UDEIR; and
WHEREAS,the Keiser Avenue Reconstruction Project requires the acquisition and
development of approximately 0.76 acres of undeveloped land to the south of the existing
roadway in order to accommodate the approved roadway section which includes, bike lanes, a
parkway strip and sidewalk; and
WHEREAS, this 0.76 acres of undeveloped land is technically mapped as habitat for the
California tiger salamander; and
WHEREAS, the mitigation measures for the UDEIR require that construction activities
be adequately mitigated through appropriate permitting; and
WHEREAS, the City has applied for an Incidental Take Permit from the California
Department of Fish& Wildlife (CDFW) and the permit conditions include a requirement to
purchase mitigation credits for the disturbed area; and
WHEREAS, the Hazel Mitigation Reserve, LLC Bank will sell 0.76 acre of eligible
credits to the City for $159,600.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the purchase of California tiger salamander habitat
mitigation credits from the Hazel Mitigation Preserve, a California limited liability company, in
the amount of$159,600 from the Public Facilities Fund 165.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Agreement for Sale of California Tiger Salamander Mitigation Credits in
substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor
modifications by the City Manager or City Attorney, and to take all actions to effectuate and
implement the terms of the agreement for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 22nd day of October 2019.
CITY OF ROHNERT PARK
Gina fort , ayor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
Attachment: Exhibit A
ADAMS:.k MACKENZIE: STAFFORD: CALLINAN. BELFORTE:
AYES:'( ) NOES: (� ) A SENT: ( OS ) ABS IN. ( )
Resolution 2019-133
2
AGREEMENT FOR SALE OF
CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS ("AGREEMENT")
SERVICE File No.:
This Agreement is entered into this day of , 20_ by and between Hazel
Mitigation Preserve, LLC, a California limited liability company, ("Bank Sponsor") and City of
Rohnert Park, a California Municipal Corporation,("Project Proponent"),collectively referred to
herein as "Parties," as follows:
RECITALS
A. Bank Sponsor has developed Hazel Mitigation Bank(`Bank") located in Sonoma County,
California; and
B. Bank was approved by the U.S.Fish and Wildlife Service("Service"),the U.S.Army Corps
of Engineers,the U.S.Environmental Protection Agency,the California Department of Fish
and Wildlife, and the North Coast Regional Water Quality Control Board of the State of
California ("Approving Agencies") on May 1, 2006; and
C. Bank has received approval from the Approving Agencies to offer California tiger
salamander credits ("CTS Credits")for sale as compensation for the loss of California tiger
salamander habitat type as specified in the Bank Enabling Instrument(`BEI"); and
D. Project Proponent is seeking to implement the Keiser Avenue Reconstruction—Phase 213
described on Exhibit A attached hereto ("Project"), which will unavoidably and adversely
impact California tiger salamander habitat and Project Proponent seeks to compensate for the
loss of such habitat by purchasing compensatory CTS Credits from Bank; and
E. Project Proponent has been authorized by the Service,Service File No,to purchase 0.76 acre
of CTS Credits from Bank; and
F. Project Proponent desires to purchase from Bank Sponsor's Bank and Bank Sponsor desires
to sell to Project Proponent 0.76 acre of CTS Credits.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Bank Sponsor hereby sells to Project Proponent and Project Proponent hereby purchases
from Bank Sponsor's Bank 0.76 acre of CTS Credits for the purchase price of$159,600(One
Hundred Fifty-Nine Thousand Six Hindered Dollars). Bank Sponsor will then deliver to
Project Proponent within ten business days an executed "Bill of Sale" in the manner and
form as attached hereto and marked Exhibit B. The purchase price for said CTS Credits shall
be paid by check to Bank Sponsor according to written instructions by Bank Sponsor to
Project Proponent.
2. The sales and transfer herein is not intended as a sale or transfer to Project Proponent of a
security,license, lease, easement, or possessory or non-possessory interest in real property,
nor the granting of any interest of the foregoing.
Page 2
3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the
compensatory credits,to support,pay for,monitor,report on,sustain,continue in perpetuity,
or otherwise be obligated or liable for the success or continued expense or maintenance in
perpetuity of the CTS Credits sold, or the Bank. Pursuant to the BEI for the Bank, Bank
Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of
any compensatory CTS Credits sold to Project Proponent. Bank Sponsor shall be fully and
completely responsible for satisfying any and all conditions placed on the Bank or the
compensatory CTS Credits, by all state or federal jurisdictional agencies.
4. The compensatory CTS Credits sold and transferred to Project Proponent shall be non-
transferable and non-assignable, and shall not be used as compensatory mitigation for any
other Project or purpose, except as set forth herein.
5. Project Proponent must exercise his/her/its right to purchase within sixty (60) days of the
date of this Agreement. After the sixty (60) day period this Agreement will be considered
null and void.
6. Upon purchase of 0.76 acre of CTS Credits specified in paragraph E above, Bank Sponsor
shall complete the "Payment Receipt" form attached hereto as Exhibit C, and shall submit
the completed"Payment Receipt"to the Service within ten business days.
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above
written.
BANK SPONSOR:
HAZEL MITIGATION PRESERVE, LLC
A California Limited Liability Company
By: Harvey O. Rich
Its: Managing Member
Date:
PROJECT PROPONENT:
CITY OF ROHNERT PARK
A California Municipal Corporation
By: Darrin Jenkins
Its: City Manager
Date:
Authorized by City Council Resolution 2019- , approved on October 22, 2019
Page 3
APPROVED BY THE SERVICE:
This Agreement fulfills 0.76 acre of California tiger salamander mitigation requirement,as specified
under Service File No.:
UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
By:
Title:
Dated:
Exhibit "A"
DESCRIPTION OF PROJECT
TO BE MITIGATED
[Keiser Avenue Reconstruction—Phase 213 Capital Improvement Project No. 2017-18 (Service File
No.N/A)],Rohnert Park, Sonoma County, California
The Project consists of reconstructing and widening Keiser Avenue to the south. The
existing 20-foot wide, two-lane roadway with ditches on both sides will be improved to
a 34-foot wide roadway with two 5-foot bike lanes and two 12-foot wide travel lanes in
each direction. The northern edge will remain a ditch behind a curb, and the entire
cross section of the road will drain southerly toward a new curb and gutter and into a
new bioretention planter, which will be bound on the south side by a new 6-foot
sidewalk. Utilities to be added include recycled water and storm drain in the roadway
section and joint trench under the sidewalk. The project length is from Snyder Lane to
Kerry Road (approximately 0.52-mile long).
Exhibit"B"
Hazel Mitigation Preserve, LLC
336 Bon Air Center- Box 232, Greenbrae, CA 94904
(415) 472-1086
BILL OF SALE
Buyer: City of Rohnert Park, a California Municipal Corporation
Type and Amount of Credits: 0.76 acre of CTS Credits
Project Name: Keiser Avenue Reconstruction Project—Phase 2B
Project Assessor's Parcel Numbers: 045-253-007 & 045-253-018
Contract Date: October 22, 2019
Service File Number: N/A
Army Corps Number: N/A
RWQCB Number: N/A
CDFW: 2081-2018-086-03
In consideration of$159,600 (One Hundred Fifty-Nine Thousand Six Hundred Dollars),receipt of
which is hereby acknowledged, Hazel Mitigation Preserve, LLC, a California limited liability
company, does hereby bargain, sell and transfer to City of Rohnert Park, LLC, a California
Municipal Corporation , herein referred to as "Buyer," 0.76 acre of California tiger salamander
credits("CTS Credits")in the Hazel Mitigation Bank in Sonoma County,California,developed,and
approved by the U.S.Fish and Wildlife Service,U.S.Army Corps of Engineers,U.S.Environmental
Protection Agency, California Department of Fish and Game, and North Coast Regional Water
Quality Control Board of the State of California.
Hazel Mitigation Preserve,LLC represents and warrants that it has good title to the CTS Credits,has
good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances.
Hazel Mitigation Preserve,LLC covenants and agrees with the Buyer to warrant and defend the sale
of the CTS Credits herein before described against all and every person and persons whomsoever
lawfully claiming or to claim the same.
DATED:
Hazel Mitigation Preserve, LLC
A California Limited Liability Company
By:
Harvey O. Rich
Its: Managing.Member..
Exhibit"C"
Hazel Mitigation Preserve, LLC
336 Bon Air Center- Box 232
Greenbrae, CA 94904
(415) 472-1086
PROJECT: HAZEL MITIGATION BANK
PAYMENT RECEIPT: 0.76 ACRE OF CTS CREDITS
PARTICIPANT INFORMATION:
Name: City of Rohnert Park, a California Municipal Corporation
Address: 130 Avram Avenue
City of Rohnert Park, CA 95404
Telephone: 707-588-2227
Contact: Darrin Jenkins, City Manager
PROJECT INFORMATION:
Project Description: Keiser Avenue Reconstruction Project—Phase 2B
Army Corps File Number: N/A
Service Number:
RWQCB Number: N/A
CDFW: 2081-2018-086-03
Species/Habitat Affected: California tiger salamander
Credits Purchased: 0.76 acre of CTS Credits
Payment Amount: $159,600 (One Hundred Fifty-Nine Thousand Six Hundred Dollars)
Project Location: Keiser Avenue
County: Sonoma
Assessor's Parcel Numbers: 045-253-007 & 045-253-018
PAYMENT INFORMATION:
Payee: Hazel Mitigation Preserve, LLC, a California Limited Liability Company
Payor: City of Rohnert Park, a California Municipal Corporation
Amount: $159,600 (One Hundred Fifty-Nine Thousand Six Hundred Dollars)
Method of Payment: Exchange of Funds
RECEIVED:
Hazel Mitigation Preserve, LLC,
A California Limited Liability Company
By:
Harvey O. Rich
Its: Managing Member
Date: