2021/10/26 City Council Resolution 2021-124 RESOLUTION NO. 2021-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDMENT TO
STREAMBED ALTERATION AGREEMENT FOR ROUTINE DRAINAGE
MAINTENANCE FOR PORTIONS OF COPELAND CREEK, CRANE CREEK, SPIVOK
CREEK,AND HINEBAUGH CREEK,AND AUTHORIZING THE FINANCE
DIRECTOR TO ISSUE PAYMENTS TO THE CALIFORNIA DEPARTMENT OF FISH
AND WILDLIFE FOR RELATED PERMIT FEES
WHEREAS, the City of Rohnert Park performs sediment and vegetation management
activities in creeks in accordance with Fish and Game Code section 1602; and
WHEREAS, on October 3, 2016, the City of Rohnert Park entered into a Streambed
Alteration Agreement, CDFW No. 1600-2016-0246-R3, (Agreement) with the California
Department of Fish and Wildlife (CDFW)to cover sediment and vegetation management
projects in Copeland Creek, Coleman Creek and Labath Creek; and
WHEREAS, the Agreement expired on December 31, 2020; and
WHEREAS, the City staff requested an extension of the Agreement on October 9, 2020
and also requested a major amendment to the Agreement that will incorporate several other
riparian areas within City limits that staff intends to perform routine maintenance, including
Copeland Creek from Commerce Blvd to the City-owned property east of Petaluma Hill Road,
Hinebaugh Creek from Highway 101 to Snyder Lane, and Crane Creek from Eagle Park to
Snyder Lane; and
WHEREAS, staffs recommend authorizing the City Manager to sign an extension of the
Agreement for up to another five year period, upon approval by CDFW;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager is authorized to sign the Amendment to the Streambed Alteration
Agreement, in substantially similar form as Exhibit"A" and authorizes the Finance Director to
issue payments to California Department of Fish and Wildlife for any related permit fees.
BE IT FURTHER RESOLVED that the City Manager is authorized to sign an
extension of the Agreement for up to another five year period, upon approval by CDFW.
DULY AND REGULARLY ADOPTED this 26th day of • sber, 2021.
CITY OF ,' • R PARK
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ATTEST:
izabe�th Machado, Acting City Clerk
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Resolution 2021-124
2
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Bay Delta Region
2825 Cordelia Road, Suite 100 Fairfield, CA 94534
(707) 428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
July 20, 2021
Vanessa Garrett
City of Rohnert Park
600 Enterprise Drive
Rohnert Park, CA 94928 vgarrett@rpcity.org
Dear Ms. Garrett:
Amendment of Lake or Streambed Alteration, Notification No. 1600-2016-0246-R3,
Routine Drainage Maintenance Program
The California Department of Fish and Wildlife (CDFW) has received your request to amend
Lake or Streambed Alteration Agreement 1600-2016-0246-R3 (Agreement) and the required fee in the amount of $1,526.00 for a major amendment. Your request to amend the Agreement
includes expanding the area of coverage of current routine vegetation and sediment
management activities in Copeland Creek and the addition of new coverage for Hinebaugh
Creek, Crane Creek, and Spivok Creek.
CDFW hereby agrees to amend the Agreement including the amendment and addition of Agreement Measures as follows (deleted language in strikethrough and added language in bold
italics):
PROJECT LOCATION
The Project is located on Coleman Creek (east and west of Fairway Drive), Labath
Creek (adjacent to Business Center Park Drive), Copeland Creek (east of Highway 101
and west of Commerce Blvd. West Redwood Drive, and a second segment east of
Petaluma Hill Road ), Hinebaugh Creek (east of Highway 101 and west of Snyder
Lane), Crane Creek (west of Snyder Lane), and Spivok Creek (east of Highway 101
and west of Golf Course Drive) (Exhibit A) in the City of Rohnert Park, Sonoma
County; State of California; approximate coordinates:
Coleman Creek Latitude 38.35 38.369536, Longitude -122.173-122.694687;
Labath Creek Latitude 38.3638.357773, Longitude -122.69-122.720152;
Copeland Creek Latitude 38.3538.343266, Longitude -122.71-122.692417.;
Hinebaugh Creek Latitude 38.350727, Longitude -122.694020
Crane Creek Latitude 38.355317, Longitude -122.687470; and
Spivok Creek Latitude 38.361050, Longitude -122.709379.
PROJECT DESCRIPTION
The project is limited to the routine vegetation and sediment management activities to
maintain flow conveyance and capacity, establish canopy, and control invasive species
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July 20, 2021
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on Coleman Colemen Creek, Copeland Creek, and Labath Creek, Hinebaugh Creek,
Crane Creek, and Spivok Creek. The project also includes the removal of dead
trees, including those deemed a fire hazard .
Coleman Colemen Creek is limited to selective vegetation and debris removal using
hand tools on an approximately 3,500 -foot long section of creek.
Copeland Creek is limited to selective vegetation and debris removal using hand tools
on an approximately 14011,800-foot long section of creek. Tree and stump removal will
only occur if impacting hydr aulic capacity of the channel or if deemed a fire hazard ,
and sediment removal will be to design grade.
Labath Creek is limited to selective vegetation and debris removal using hand tools on
an approximately 4,700 -foot long section of creek. Tree and stump removal will only
occur if impacting hydraulic capacity of the channel or if deemed a fire hazard , and
limited sediment removal and outfall clean out.
Hinebaugh Creek is limited to selective vegetation and debris removal using hand
tools on an approximately 7,700-foot-long section of creek. Tree and stump
removal will only occur if impacting hydraulic capacity of the channel or if deemed
a fire hazard , and limited sediment removal and outfall clean out.
Crane Creek is limited to selective vegetation and debris removal using hand tools
on an approximately 900-foot -long section of creek. Tree and stump removal will
only occur if impacting hydraulic capacity of the channel or if deemed a fire
hazard , and limited sediment removal and outfall clean out .
Spivok Creek is limited to selective vegetation and debris removal using hand
tools on an approximately 300-foot-long section of creek. Tree and stump removal
will only occur if impacting hydraulic capacity of the channel or if deemed a fire
hazard , and limited sediment removal and outfall clean out .
Selective riparian habitat restoration will occur with native grasses, shrubs, and
trees to improve bank stabilization and habitat diversity.
Vegetation will be cleared at ground level in order to not disturb streambed/bank soil.
MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
2.8 Breeding Bird Survey Before Commencement. If vegetation removal or other
project-related improvements are scheduled during the nesting season of
protected raptors and migratory birds (typically February 151 to August 1531), a
focused survey for active bird nests shall be condu cted by a Designated
Qualified Biologist (as determined by a combination of academic training and
professional experience in biological sciences and related resource management activities) within 10 7 days prior to the beginning to project -related activities. The
results of the survey shall be sent to Melanie Day, Senior Environmental
Scientist by email (Melanie.Day@wildlife.ca.gov) prior to the start of project
activities. Refer to Notification Number 1600 -2016-0246-R3 when submitting
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the survey to CDFW. The results of the survey shall be submitted to CDFW. If active nest are found, the Permittee shall consult with CDFW and the Uni ted
States Fish & Wildlife Service (FWS) regarding appropriate action to comply with
the Migratory Bird Treaty Act of 1918 and the Fish & Game Code of California,
section 3503. If a lapse in project -related work of 10 7 days or longer occurs,
another focused survey and if required, consultation with CDFW and USFWS,
will be required before project work can be reinitiated.
If an active nest is found during surveys, Permittee or the qualified
biologist shall consult with CDFW and USFWS regarding appropriate a ction
to comply with State and federal laws. Active nest sites shall be designated
as “Ecologically Sensitive Areas” (ESA) and protected (while occupied)
during project work by demarking a “No Work Zone” around each nest site.
Buffer distances for bird nests shall be site specific and an appropriate
distance, as determined by a qualified biologist. The buffer distances shall
be specified to protect the bird’s normal bird behavior to prevent nesting
failure or abandonment. The buffer distance recomme ndation shall be
developed after field investigations that evaluate the bird(s) apparent
distress in the presence of people or equipment at various distances.
Abnormal nesting behaviors which may cause reproductive harm include,
but are not limited to, defensive flights/vocalizations directed towards
project personnel, standing up from a brooding position, and flying away
from the nest. The qualified biologist shall have authority to order the
cessation of all nearby project activities if the nesting birds exhibit
abnormal behavior which may cause reproductive failure (nest
abandonment and loss of eggs and/or young) until an appropriate buffer is
established.
The qualified biologist shall monitor the behavior of the birds (adults and
young, when present) at the nest site to ensure that they are not disturbed
by project work. Nest monitoring shall continue during project work until
the young have fully fledged (have completely left the nest site and are no
longer being fed by the parents), as determined by th e qualified biologist.
No habitat removal or modification shall occur within the ESA -fenced nest
zone until the young have fully fledged and will no longer be adversely
affected by the project. Any trees or shrubs that are removed shall be
“downed” in such a manner as to minimize disturbance to stable soil
conditions.
2.31 Biologist Approval. No later than 30 days prior to project activities covered
by this Agreement, the Permittee shall submit to CDFW, for review and
approval, the qualifications for the biologist(s) that shall oversee the
implementation of the conditions in this Agreement and conduct surveys
or monitoring work. Project activities covered by this Agreement may not
commence unless CDFW has approved the proposed biologist(s) in
writing. At minimum the CDFW approved biologist(s) shall have a minimum
of five years of academic training and professional experience in biological
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sciences and related resource management activities with a minimum of
two years conducting surveys for each species that may be present within
the project area.
2.32 Western Pond Turtle Surveys. A Qualified Biologist shall conduct a pre -
construction survey for the Western pond turtle within 48 hours of the
commencement of sediment removal activities. If western pond turtle is
detected at any time CDFW shall be notified immediately, and the Qualified
Biologist or Bio logical Monitor shall relocate the turtle to appropriate
aquatic habitat within the stream it was found. The Permittee shall prepare
and implement a Western Pond Turtle Habitat Improvement Plan, if western
pond turtle or their nests are found, if required by CDFW.
2.33 Foothill Yellow-Legged Frog and California Red -Legged Frog Surveys. A
Qualified Biologist shall conduct a pre -construction survey for foothill
yellow-legged frog and California red-legged frog within 48 hours of the
commencement of sediment removal activities in potentially suitable
habitat such as Coleman Creek, Copeland Creek, H inebaugh Creek, and
Crane Creek . Surveys shall include upland habitat within and adjacent to
the project area no les s than 50 feet from the streambed, and 500 feet
upstream and downstream of the project area. If foothill yellow -legged
frogs or California red-legged frog, or evidence of their presence is found,
CDFW shall be notified immediately and the project shall not proceed
without written permission from CDFW. The Permittee shall prepare and
implement a Foothill Yellow-legged Frog Relocation and Exclusion Fencing
Plan, if foothill yellow -legged frog or their egg masses are found, if
required by CDFW. The Permittee shall prepare and implement a California
Red-Legged F ro g Avoidance Plan if California red -legged frog or their egg
masses are found, if required by CDFW . California red -legged frog shall be
avoided by the project, unless otherwise approved in writing by CDFW.
2.34 California Red -Legged Frog Refugia Avoidance . Prior to starting project
activities in potentially suitable California red -legged frog habitat, such as
along Copeland Creek east of Petaluma Hill Road , a qualified biologist
shall conduct a survey for California red -legged frog refugia in any portion
of the project area with persistent summer moisture. The biologist shall
search for refugia potentially occupied by California red -legged frog in or
adjacent to the project area and flag any burrows, or other suitable refugia
including moist vegetation or leaf litter, for avoidance. Results of the
survey shall be submitted to CDFW. If, based on the survey results, the
qualified biologist determines that California red -legged frog s are present
within the project area, then the Permittee shall consult with the USFWS to
determine if a Biological Opinion or other USFWS authorization is required
for the project.
2.35 Burrowing Owl Surveys. To protect wintering burrowing owl, if project
activities occur between September 1 and January 31 within or adjacent to
potentially suitable habitat such as along Copeland Creek east of Petaluma
Hill Road , a Qualified Biologist shall conduct a habitat assessment and
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surveys p ursuant to the Department of Fish and Game Staff Report on
Burrowing Owl Mitigation (2012) survey methodology prior to the
commencement of project activities. If burrowing owl is detected, a
Qualified Biologist shall establish suitable buffers to ensure th e owl is not
disturbed by the project. To prevent encroachment, the established buffers
shall be clearly marked by high visibility material. The established buffers
shall remain in effect until the burrow is no longer occupied as confirmed
by the q ualified biologist.
2.36 Bat Habitat Assessment and Surveys. Prior to any tree removal, a qualified
biologist shall conduct a habitat assessment for bats. The habitat
assessment shall be conducted a minimum of 30 to 90 days prior to tree
removal and shall include a visual inspection of potential roosting features.
(e.g., cavities, crevices in wood and bark, exfoliating bark for colonial
species, suitable canopy for foliage roosting species). If suitable habitat
trees are found, they shall be flagged or otherwise clearly marked, CDFW
shall be notified immediately, an d tree trimming or removal shall not
proceed without approval in writing from CDFW. Trees may be removed
only if: a) presence of bats is presumed, or documented during the surveys
described below, in trees with suitable habitat, and removal using the two -
step removal process detailed below occurs only during seasonal periods
of bat activity from approximately March 1 through April 15 and September
1 through October 15, or b) after a qualified biologist, under prior written
approval of the proposed survey me thods by CDFW, conducts night
emergency surveys or complete visual examination of roost features that
establish absence of roosting bats. Two-step tree removal shall be
conducted over two consecutive days, as follows: 1) the first day (in the
afternoon), u nder the direct supervision and instruction by a qualified
biologist with experience conducting two -step tree removal, limbs and
branches shall be removed by a tree cutter using chainsaws only. Limbs
with cavities, crevices or deep bark fissures shall be a voided, and 2) the
second day the entire tree shall be removed. CDFW may require additional
protective in the event that roosting bats are found which shall be
implemented by the Permittee .
2.37 Vehicle Access. Vehicle access for project activities shall utilize existing
roads only .
3.4 Annual Restoration and Planting Plan. By June 1 st of each year, Permittee
shall provide CDFW with an annual restoration and planting plan (Plan)
summarizing proposed restoration, planting, and/or enhancement projects
expected to be conducted through the end of the calendar year and during
the spring of the following year, unless otherwise approved by CDFW .
Annual restoration and planting plans shall include the location of
restoration activities, reason for restoring or enhancing, methods for
restoring, success criteria including a minimum of 80 percent survival and
percent cover, five year monitoring and maintenance protocol, and a full
planting pallet with individual species and planting locations identified . The
Plan shall be submitted to Melanie Day, Senior Environmental Scientist
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(Supervisory) by email at Melanie.Day@Wildlife.ca.gov and shall be
approved in writing by CDFW prior to implementation.
3.5 Re-vegetation Annual Report. The Permittee shall submit an annual status
report on the monitoring of planting to CDFW by January 31st of each year
for the term of this Agreement. This report shall include the survival,
percent cover, and height of both tree and s hrub species. The number by
species of plants replaced, an overview of the revegetation effort, and the
method used to assess these parameters shall also be included. Photos
from designated photo stations shall be included.
CONTACT INFROMATION
To Permittee:
John McArthur Vanessa Garrett
City of Rohnert Park
600 Enterprise Drive
Rohnert Park, CA 94938
vgarrett @rpcity.org
To Contact:
Marc Bautista Nicholas Bennett
City of Rohnert Park
600 Enterprise Drive
Rohnert Park, CA 94938
nbennett@rpcity.org
To CDFW:
California Department of Fish and Wildlife
Bay Delta Region
7392 Silverado Trail 2825 Cordelia Rd, Suite 100
Napa, CA 94558 Fairfield, CA 94534
Attn: Lake and Streambed Alteration Program
Notification #1600 -2016-0246-R3
(707) 944-5525
Fax (707) 944 -5553
Karen.weiss@wildlife.ca.gov Melanie.Day@wildlife.ca.gov
EXHBIITS
The documents listed below are included as exhibits to the Agreement and incorporated
herein by reference
A. City of Rohnert Park Sites, printed June 29, 2016.
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All other conditions in the Agreement remain in effect unless otherwise noted herein.
Please sign and return one copy of this letter to acknowledge the amendment. Copies of the
Agreement and this amendment must be readily availabl e at project worksites and must be
presented when requested by a CDFW representative or agency with inspection authority.
If you have any questions regarding this letter, please contact Melanie Day, Senior
Environmental Scientist (Supervisory) by email at Melanie.Day@wildlife.ca.gov.
Sincerely,
Craig J Weightman
Environmental Program Manager Bay Delta Region
Cc: Nick Bennett; nbennett@rpcity.org
ACKNOWLEDGEMENT
I hereby agree to the above -referenced amendment.
Print Name: _______________________________ Date: ____________________
Signature: ________________________________
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This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
19,200
0.6
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
1:
NAD_1983_StatePlane_California_II_FIPS_0402_Feet
Miles00.60.30
Notes
Blue - existing 1600 coverage Red - new 1600 coverage Purple - Federal Trust Land
Copeland - 11,800ft
Hinebaugh - 7,700ft
Crane - 900ft
Spivok - 300ft
Labath - 4,700ft
Coleman - 3,500ft
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