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2024/09/24 City Council Resolution 2024-087 RESOLUTION NO. 2024-087 A RESOLUTION AUTHORIZING THE CITY OF ROHNERT PARK TO ENTER INTO: 1) AGREEMENT FOR SALE OF CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS AND PLANT CREDITS BETWEEN THE CITY OF ROHNERT PARK AND DAVIS PRESERVE, LLC IN THE AMOUNT OF $390,000; AND 2) AGREEMENT FOR SALE OF CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS AND PLANT CREDITS BETWEEN THE CITY OF ROHNERT PARK AND MARGARET WEST CONSERVATION PRESERVE, LLC IN THE AMOUNT OF $797,000 FOR THE DOWDELL AVENUE EXTENSION PROJECT PHASE 1 (PROJECT NO. CIP2020) AND DETERMINE THAT THE PROJECT IS EXEMPT FROM CEQA WHEREAS, Phase 1 of the Dowdell Avenue Extension Project No. CIP2020 (Project) consists of a water line connection from Business Park Drive to Golf Course Drive, an emergency vehicle access road to serve the Holiday Inn Express development, and other improvements as required by the associated planning and environmental documents; and WHEREAS, the Project construction will impact 0.90 acres of wetlands, 1.45 acres of California Tiger Salamander habitat, and 0.89 acres of Sebastopol Meadowfoam plant habitat, which is a special-status/rare plant species; and WHEREAS, on April 9, 2024, per Resolution No. 2020-024, the City Council authorized the City Manager to execute three (3)purchase agreements with Laguna Valley Mitigation Bank, Hazel Mitigation Bank, and Alton Lane Conservation Bank for 0.90 acres of wetland impacts and 0.56 acres of CTS impacts; and WHEREAS, the remaining 0.89 acres of CTS habitat and 0.89 acres of Sebastopol Meadowfoam plant habitat credits have not yet been obtained; and WHEREAS, staff has been working closely with WRA Inc. (Environmental Consultant), to coordinate with mitigation banks to secure the remaining mitigation credits and subsequent purchase agreements for the City to meet environmental compliance; and WHEREAS, staff proposes purchasing 0.59 acres of Plant credits for the loss of Sebastopol Meadowfoam habitat which include 0.59 acres of CTS credits from the Margret West Conservation Bank for a purchase price of$767,000, and 0.30 acres of Plant credits for the loss of Sebastopol Meadowfoam habitat which include 0.30 acres of CTS credits from the Davis Preserve, LLC., for a purchase price of$390,000, to satisfy the agencies requirements for the projects mitigation; and WHEREAS, in order to purchase the mitigation credits,the City must enter into the Agreements with the separate banks; and WHEREAS, purchase of the mitigation credits is not considered a project under CEQA per CEQA Guidelines Section 15378, as it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment; and NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that City Council hereby approves 1) Agreement For Sale of California Tiger Salamander Mitigation Credits And Plant Credits Between the City of Rohnert Park and Davis Preserve, LLC in the amount of$390,000 (attached hereto and incorporated herein as Exhibit A); and 2) Agreement For Sale Of California Tiger Salamander Mitigation Credits And Plant Credits Between the City of Rohnert Park and Margaret West Conservation Preserve, LLC in the amount of$797,000 for the Dowdell Avenue Extension Project Phase 1 (Project No. CIP2020) (attached hereto and incorporated herein as Exhibit B) and Determine that the Project Is Exempt from CEQA. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to take all actions necessary to implement the Agreements, including without limitation, execution of all documents and making minor changes to the form of Agreements, provided such amendments have reviewed and approved by the City Attorney. DULY AND REGULARLY ADOPTED this 24th day of September, 2024. CITY OF R ERT PARK ATTEST: Susan H. Adams, Mayor lizab h Machado, ssistant City Clerk PR E AS 0 FORM: i lle M. Kenyon, City Attorney Attachments: Exhibit A and Exhibit B EI.NARD: ___1- RODRIGIEZ: C SANBORN: e GIUDICE: iat4e. ADAMS: QL� - \l'ES: (5 ) NOE : ( � ) ABSENT: (c ) ABSTAIN: ( f Resolution 2024-087 Page 2 of 2 1 AGREEMENT FOR SALE OF CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS AND PLANT CREDITS (“AGREEMENT”) SERVICE FILE NO.: 2023-0042600 This Agreement is entered into this ______day of ___________, 2024 by and between Margaret West Conservation Preserve, LLC, a California limited liability company, (“Bank Sponsor”) and City of Rohnert Park, a California municipal corporation, (“Project Proponent”), herein collectively referred to as “Parties”, as follows: RECITALS A. Bank Sponsor has developed the Margaret West Conservation Bank (“Bank”) located in Sonoma County, California; B. The Bank was approved, in 2023, by the U.S. Wildlife Fish and Wildlife Service (“Service”) and the California Department of Fish and Wildlife (“CDFW”), herein referred to as the “Approving Agencies”. C. Bank Sponsor has received approval from the Service and CDFW to offer California tiger salamander mitigation credits (“CTS Credits”) for sale as compensation for the loss of California tiger salamander habitat type as specified in the Conservation Bank Agreement (“CBA”); D. Bank Sponsor has received approval from the Approving Agencies to offer plant habitat (“Plant Credits”) for sale as compensation for the loss of Sebastopol meadowfoam plant habitat type as specified in the CBA; E. Project Proponent is seeking to implement the project described in Exhibit “A” attached hereto (“Project”), which would unavoidably and adversely impact California tiger salamander habitat and plant habitat, and seeks to compensate for the loss of such habitat by purchasing compensatory Plant Credits which include CTS Credits from Bank Sponsor’s Bank; F. Project Proponent has been authorized by the Service, Service File No.: 2023-0042600, to purchase from Bank Sponsor 0.59 acre of Plant Credits which include 0.59 acre of CTS Credits; and G. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent 0.59 acre of Plant Credits which include 0.59 acre of CTS Credits. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Bank Sponsor hereby agrees to sell to Project Proponent and Project Proponent hereby agrees to purchase from Bank Sponsor’s Bank 0.59 acre of Plant Credits which include 0.59 acre of CTS Credits for the purchase price of $767,000 (Seven Hundred Sixty-Seven Thousand Dollars) (“Purchase Price”). Within seventy-five (75) days of execution of this Agreement, Project Proponent shall pay the Purchase Price to the Bank Sponsor. Bank Sponsor will then deliver to Project Proponent an executed “Bill of Sale” in the manner and form as attached hereto and marked Exhibit B. The purchase price for said Plant Credits which include CTS Credits shall be paid by wire transfer of funds to an escrow company according to written instructions by Bank Sponsor to Project Proponent no later than five (5) calendar days after payment. 2 2. Bank Sponsor represents and warrants to Project Proponent that Bank was approved by the Approving Agencies, is in good standing with the Approving Agencies, has good and marketable title to the CTS and Plant Credits, and is fully qualified to sell the CTS and Plant Credits described herein. 3. The sale and transfer herein are 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 in the foregoing. 4. Project Proponent shall have no obligation whatsoever by reason of the purchase of the compensatory Plant Credits which include CTS 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 Plant Credits sold which include CTS Credits, or the Bank. Pursuant to the CBA for the Bank, Bank Sponsor shall monitor and make reports to the Approving Agencies on the status of any compensatory Plant Credits which include 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 Plant Credits which include CTS Credits by the Approving Agencies. 5. The compensatory Plant Credits which include 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. 6. Project Proponent must exercise his/her/its right to purchase within seventy-five (75) days of the date of the Service’s approval of this Agreement. After the seventy-five (75) day period this Agreement will be considered null and void. 7. Upon purchase of 0.59 acre of Plant Credits which include 0.59 acre of CTS Credits specified in paragraph F and paragraph G above, Bank Sponsor shall complete and sign the “Bill of Sale”, and “Payment Receipt” forms attached hereto as Exhibit B and Exhibit C, and shall submit the completed Bill of Sale and Payment Receipt to the Approving Agencies and Project Proponent. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. BANK SPONSOR: MARGARET WEST CONSERVATION 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: Marcela Piedra Its: City Manager Date: ________________________ 3 APPROVED BY THE SERVICE: City of Rohnert Park, a California municipal corporation, is purchasing 0.59 acre of Plant Credits which includes 0.59 acre of CTS Credits, from Margaret West Conservation Bank to meet the mitigation requirements as specified under Service File No.: 2023-0042600 for the Dowdell Extension Project. UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE By: __________________________________________ Title: _________________________________________ Dated: ________________________________________ Exhibit A DESCRIPTION OF PROJECT TO BE MITIGATED Project Proponent: City of Rohnert Park Project: Dowdell Extension Project Agency Numbers: U.S. Fish and Wildlife Service File No: 2023-0042600 U.S. Army Corps of Engineers File No: SPN-2022-00408 California Department of Fish and Wildlife Consistency Determination Regional Water Quality Control District File No: WDID-23030WNSO Project Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 Project Description: The proposed Project is the development of a 1.69-acre area within a predominantly developed region of northern Rohnert Park. The Project includes the construction of an emergency vehicle access (EVA) that will stretch between a future Holiday Inn Express hotel development (APN 045-075-015) in the south, to Golf Course Drive West to the north. The proposed Project includes widening the existing portion of Dowdell Avenue and extending it approximately 1,600 feet further to the south. A water utility line would be installed beginning at Golf Course Drive on the north side and extending down to Business Park Drive in the south. Low Impact Development (LID) storm water features would be installed along the eastern side of the road extension which would convey water to existing storm water infrastructure within Golf Course Drive Exhibit B Margaret West Conservation 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 Number of Credits: 0.59 acre of Plant Credits which include 0.59 acre of California Tiger Salamander Credits Project Name: Dowdell Extension Project Project Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 Contract Date: _____________, 2024 Service File Number: 2023-0042600 Army Corps Number: SPN-2022-00408 CDFW Consistency Determination RWQCB Number: WDID-23030WNSO In consideration of $767,000 (Seven Hundred Sixty-Seven Thousand Dollars), receipt of which is hereby acknowledged, Margaret West Conservation Preserve, LLC, a California limited liability company, does hereby bargain, sell and transfer to City of Rohnert Park, a California municipal corporation, herein referred to as “Buyer,” 0.59 acre of Sebastopol meadowfoam plant mitigation credits (“Plant Credits”), which include 0.59 acre of California tiger salamander credits (“CTS Credits”), in the Margaret West Conservation Bank in Sonoma County, California, developed and approved by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Margaret West Conservation Preserve, LLC, a California limited liability company represents and warrants that it has good title to 0.59 acre of Plant Credits, which include 0.59 acre of CTS Credits, and has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. Margaret West Conservation Preserve, LLC, a California limited liability company covenants and agrees with the Buyer to warrant and defend the sale of 0.59 acre of Plant Credits, which includes 0.59 acre of CTS Credits, herein before described against all and every person and persons whomsoever lawfully claiming or to claim the same. DATED: ____________________ Margaret West Conservation Preserve, LLC A California Limited Liability Company By: Harvey O. Rich Its: Managing Member Exhibit C Margaret West Conservation Preserve, LLC 336 Bon Air Center - Box 232 Greenbrae, CA 94904 (415) 472-1086 PAYMENT RECEIPT PROJECT: DOWDELL EXTENSION PROJECT PAYMENT RECEIPT: 0.59 ACRE OF PLANT CREDITS WHICH INCLUDE 0.59 ACRE OF CTS CREDITS PARTICIPANT INFORMATION: Name: City of Rohnert Park, a California municipal corporation Address: 600 Enterprise Drive, Rohnert Park, CA 94928 Telephone: 707-588-2226 Contact: Marcela Piedra, City Manager PROJECT INFORMATION: Project Description: Widening existing road; building new road Army Corps File Number: SPN-2022-00408 Service Number: 2023-0042600 CDFW Consistency Determination RWQCB Number: WDID-23030WNSO Species/Habitat Affected: CTS and Sebastopol Meadowfoam Credits Purchased: 0.59 acre of Plant Credits which includes 0.59 acre of CTS Credits Payment Amount: $767,000 (Seven Hundred Sixty-Seven Thousand Dollars) Project Location: In the City of Rohnert Park County: Sonoma Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 Payee: Margaret West Conservation Preserve, LLC, a California limited liability company Payor: City of Rohnert Park, a California municipal corporation Amount: $767,000 (Seven Hundred Sixty-Seven Thousand Dollars) Method of Payment: Exchange of funds at Fidelity Title Company RECEIVED: Margaret West Conservation Preserve, LLC A California Limited Liability Company By: ______________________________ Harvey O. Rich Its: Managing Member Date: ____________________________ AGREEMENT FOR SALE OF CALIFORNIA TIGER SALAMANDER MITIGATION CREDITS AND PLANT CREDITS (“AGREEMENT”) SERVICE FILE NO.: 2023-0042600 This Agreement is entered into this _____ day of __________, 2024 by and between Davis 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 Swift/Turner Conservation Bank (“Bank”) located in Sonoma County, California; B. Bank was approved by the U.S. Fish and Wildlife Service (“Service”) and the California Department of Fish and Wildlife (“CDFW”)(“Approving Agencies”) on December 1, 2006; C. Bank Sponsor 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 as specified in the Conservation Bank Agreement (“CBA”); D. Bank Sponsor has received approval from the Approving Agencies to offer plant habitat (“Plant Credits”) for sale as compensation for the loss of Sebastopol meadowfoam plant habitat type as specified in the CBA; E. Project Proponent is seeking to implement the project described in Exhibit “A” attached hereto (“Project”), which would unavoidably and adversely impact California tiger salamander habitat and plant habitat, and seeks to compensate for the loss of such habitat by purchasing compensatory Plant Credits which include CTS Credits from Bank Sponsor’s Bank; F. Project Proponent has been authorized by the Service, Service File No.: 2023-0042600, to purchase 0.30 acre of Plant Credits which include 0.30 acre of CTS Credits from the Bank; and G. Project Proponent desires to purchase from Bank Sponsor’s Bank and Bank Sponsor desires to sell to Project Proponent 0.30 acre of Plant Credits which include 0.30 acre of CTS Credits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Bank Sponsor hereby agrees to sell to Project Proponent and Project Proponent hereby agrees to purchase from Bank Sponsor’s Bank 0.30 acre of Plant Credits which include CTS Credits for the purchase price of $390,000 (Three Hundred Ninety Thousand Dollars) (“Purchase Price”). Within seventy-five (75) days of execution of this Agreement, Project Proponent shall pay the Purchase Price to the Bank Sponsor. Bank Sponsor will then deliver to Project Proponent an executed “Bill of Sale” in the manner and form attached hereto and marked Exhibit B. The purchase price for said Plant Credits which include CTS Credits shall be paid by check or through Bank Sponsor’s title company according to written instructions by Bank Sponsor to Project Proponent no later than five (5) calendar days after payment. 2. Bank Sponsor represents and warrants to Project Proponent that Bank was approved by the Approving Agencies, is in good standing with the Approving Agencies, has good and marketable title to the CTS and Plant Credits, and is fully qualified to sell the CTS and Plant Credits described herein. 3. The sale 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. 4. Project Proponent shall have no obligation whatsoever by reason of the purchase of the compensatory CTS and Plant 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 CBA 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. 5. 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. 6. Project Proponent must exercise his/her/its right to purchase within seventy-five (75) days of the date of this Agreement. After the seventy-five (75) day period, this Agreement will be considered null and void. 7. Upon purchase of 0.30 acre of Plant Credits which includes 0.30 acre of CTS Credits, Bank Sponsor shall complete the “Bill of Sale” form attached hereto as Exhibit B and the “Payment Receipt” form attached here to as Exhibit C and submit the Bill of Sale and Payment Receipt to the Approving Agencies and Project Proponent. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. BANK SPONSOR: DAVIS 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: Marcela Piedra City Manager Date: __________________________ APPROVED BY THE SERVICE: This Agreement fulfills 0.30 acre Plant Credits which includes 0.30 acre of CTS Credits from Swift/Turner Conservation Bank to meet the mitigation requirements as specified under Service File No.: 2023-0042600 for the Dowdell Extension Project. UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE By: __________________________________________ Title: _______________________________________ Dated: _______________________________________ Exhibit A DESCRIPTION OF PROJECT TO BE MITIGATED Project Proponent: City of Rohnert Park Project: Dowdell Extension Project Agency Numbers: U.S. Fish and Wildlife Service File No: 2023-0042600 U.S. Army Corps of Engineers File No: SPN-2022-00408 California Department of Fish and Wildlife Consistency Determination Regional Water Quality Control District File No: WDID-23030WNSO Project Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 Project Description: The proposed Project is the development of a 1.69-acre area within a predominantly developed region of northern Rohnert Park. The Project includes the construction of an emergency vehicle access (EVA) that will stretch between a future Holiday Inn Express hotel development (APN 045-075-015) in the south, to Golf Course Drive West to the north. The proposed Project includes widening the existing portion of Dowdell Avenue and extending it approximately 1,600 feet further to the south. A water utility line would be installed beginning at Golf Course Drive on the north side and extending down to Business Park Drive in the south. Low Impact Development (LID) storm water features would be installed along the eastern side of the road extension which would convey water to existing storm water infrastructure within Golf Course Drive Exhibit B Davis 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: 0.30 acre of Plant Credits which include 0.30 acre of California Tiger Salamander Credits Project Name: Dowdell Extension Project Project Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 Contract Date: ____________, 2024 Service File Number: 2023-0042600 Army Corps Number: SPN-2022-00408 RWQCB Number: WDID-23030WNSO CDFW Consistency Determination In consideration of $390,000 (Three Hundred Ninety Thousand Dollars), receipt of which is hereby acknowledged, Davis Preserve, LLC, a California limited liability company, does hereby bargain, sell and transfer to City of Rohnert Park, a California municipal corporation, herein referred to as “Buyer,” 0.30 acre of Plant Credits which include 0.30 acre of California tiger salamander credits in the Swift/Turner Conservation Bank in Sonoma County, California, developed and approved by the U.S. Fish and Wildlife Service and the California Department of Fish and Game.. Davis Preserve, LLC represents and warrants that it has good title to the Plant Credits which include CTS Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. Davis Preserve, LLC covenants and agrees with the Buyer to warrant and defend the sale of the Plant Credits which include CTS Credits herein before described against all and every person and persons whomsoever lawfully claiming or to claim the same. DATED: Davis Preserve, LLC A California Limited Liability Company By: _____________________________ Harvey O. Rich Its: Managing Member Exhibit C Davis Preserve, LLC 336 Bon Air Center - Box 232 Greenbrae, CA 94904 (415) 472-1086 PROJECT: DOWDELL EXTENSION PROJECT PAYMENT RECEIPT: 0.30 ACRE OF PLANT CREDITS WHICH INCLUDE 0.30 ACRE OF CTS CREDITS PARTICIPANT INFORMATION: Name: City of Rohnert Park, a California municipal corporation Address: 600 Enterprise Drive, Rohnert Park, CA 94928 Telephone: 707-588-2226 Contact: Marcela Piedra, City Manager PROJECT INFORMATION: Project Description: Widening existing road; building new road Army Corps File Number: SPN-2022-00408 Service Number: 2023-0042600 RWQCB Number: WDID-23030WNSO CDFW Consistency Determination Species/Habitat Affected: CTS and Sebastopol Meadowfoam Credits Purchased: 0.30 acre of Plant Credits which includes 0.30 acre of CTS Credits Payment Amount: $390,000 (Three Hundred Ninety Thousand Dollars) Project Location: In the City of Rohnert Park County: Sonoma County Assessor’s Parcel Numbers: 045-074-ROW, 045-075-016, 045-075-009, 045-075-008, 045-075-020, 045-075-021, and 045-075-015 PAYMENT INFORMATION: Payee: Davis Preserve, LLC, a California Limited Liability Company Payor: City of Rohnert Park, a California municipal corporation Amount: $390,000 (Three Hundred Ninety Thousand Dollars) Method of Payment: Exchange of funds at Fidelity Title Company RECEIVED: Davis Preserve, LLC, A California Limited Liability Company By: ______________________________ Harvey O. Rich Its: Managing Member Date: ____________________________