2025/05/13 City Council Resolution 2025-028 RESOLUTION NO. 2025-028
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN A REQUEST TO
AMEND THE STREAMBED ALTERATION AGREEMENT AND AUTHORIZING THE
FINANCE DIRECTOR TO PAY THE ASSOCIATED FEES TO THE CALIFORNIA
DEPARTMENT OF FISH AND WILDLIFE
WHEREAS, the City of Rohnert Park("City") is required to comply with State and
federal mandated programs, including but not limited to the obligation to perform sediment and
vegetation management activities in creeks in accordance with California Fish and Game Code
Section 1602; and
WHEREAS, on October 3, 2016,the City entered into a Streambed Alteration
Agreement with the California Department of Fish and Wildlife, which was set to expire on or
about December 31, 2020 ("Agreement");
WHEREAS,prior to the expiration of the Agreement, the City sought and secured one
five-year extension of the term of the Agreement so that it now expires on December 31, 2025;
and
WHEREAS, staff is recommending that the Agreement be amended, and that additional
areas of creek bed be added to the Agreement for routine maintenance and clearing.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it recognizes the need to amend and extend agreements boundaries and directs staff to
continue performing sediment and vegetation management activities in accordance with the
provisions set forth in the Request to Amend Lake or Streambed Alteration Agreement, which is
attached hereto and incorporated as Exhibit A for reference
BE IT FURTHER RESOLVED that the City Manager or Designee is hereby
authorized and directed to Sign a Streambed Alteration Amendment and Authorizing the
Finance Director to Issue Payments to California Department of Fi • :.•• Wildlife.
DULY AND REGULARLY ADOPTED this 13`h Day a :y .025
CITY O " RI atRT ' • '
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Gerard �ayor
ATTEST:
via L pe Cuevas, OWE' erk
APR - S FORM:
Michelle . enyon, CityAttorneyon, \
Attachment: Exhibit A
ADAMS: ELWARD: (A. SANBORN: .• ,IFGIUDICEtVES: (, ) NO4tfCBODRIGUEZ.
: 76) ABSENT: ( v..) ABSTAIN: (4,,
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
Rev. 06/26/2023 Conserving California’s Wildlife Since 1870 Page 1 of 6
October 8, 2024
Vanessa Garrett
City of Rohnert Park
600 Enterprise Drive
Rohnert Park, CA 94928
VMarin@rpcity.org
AMENDMENT NO. 2 OF LAKE OR STREAMBED ALTERATION AGREEMENT
NOTIFICATION NO. 1600-2016-0246-R3 ROUTINE DRAINAGE MAINTENANCE
PROGRAM
Dear Ms. Garrett:
The California Department of Fish and Wildlife (CDFW) has received your request to
amend the above referenced Lake or Streambed Alteration Agreement (Agreement)
and the required fee in the amount of $1,752.50 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 Coleman Creek and the addition of
new coverage for the South Fork Drainage Canal of Copeland Creek.
CDFW hereby agrees to amend the Agreement with revision of the following sections
and addition or revision of the following conditions. (deleted language in strikethrough
and added language in bold italics). All other conditions in the Agreement remain in
effect.
PROJECT LOCATION
The Project is located on Coleman Creek (east and west of Fairway Drive),
Labath Creek (adjacent to Business Park Drive), Copeland Creek (east of
Highway 101 and west of 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 38.369536, Longitude -122.694687; and Latitude
38.369582, Longitude -122.688454;
Labath Creek Latitude 38.357773, Longitude -122.720152;
Copeland Creek Latitude 38.343266, Longitude -122.692417;
South Fork Drainage Canal of Copeland Creek Latitude 38.342457,
Longitude -122.69778;
Hinebaugh Creek Latitude 38.350727, Longitude -122.694020
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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 on Coleman Creek, Copeland Creek, South Fork
Drainage Canal of Copeland Creek, 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 Creek is limited to selective vegetation trimming and debris removal
using hand tools on an approximately 3,500-foot-long section of creek, and an
additional 2,610-foot-long section. Vegetation will be trimmed back but not
fully removed to maintain habitat and soil stability. Limited on site chipping
and scattering may occur in some areas above the top of bank. Limited
sediment removal around outfalls using shovels and rakes may occur by
hand to improve drainage.
Copeland Creek is limited to selective vegetation trimming and removal and
debris removal using hand tools on an approximately 11,800-foot-long section of
creek, and a 3,350 foot-long section of South Fork Drainage Canal of
Copeland Creek. Tree and stump removal will only occur if impacting hydraulic
capacity of the channel or if deemed a fire hazard, and sediment removal will be
to design grade. Vegetation will be trimmed back but not fully removed to
maintain habitat and soil stability. Limited on site chipping and scattering
may occur in some areas above the top of stream bank. Limited sediment
removal around outfalls using shovels and rakes may occur by hand to
improve drainage.
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.
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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
3.1 Notification of Proposed Projects. By June 1st of each year, Permittee shall
provide CDFW with an annual notification report summarizing proposed routine
maintenance projects to be conducted through the end of the calendar year and
during the spring of the following year. Annual notification reports include the
project location; a brief project description; work period and duration; and volume
of material to be removed. The report shall be submitted by email to the CDFW
contact person listed on this Agreement. Bay Delta Region written notification
of proposed routine maintenance activities to be performed that year. The
written notification of proposed routine maintenance activities shall be
clearly organized by Project activity and include:
1) A list and map of the covered activities, and the name of the waterbody
affected.
2) Work plans describing the type and scope of work planned, including the
volume, area, disposal sites(s), and the equipment to be used. The plans
shall clearly show the location of permanent and temporary storage
areas for equipment, materials, and spoils; any important fish or wildlife
habitat features in the area of disturbance such as snags, nests, large
woody debris, deep pools, and undercut banks; and access routes. The
work plans shall also include estimates of the area (square feet or acres)
of temporary impacts.
3) Estimated volume of material that will be placed or removed from the
site, associated with sediment maintenance activities.
4) Estimated area in acreage or square feet, estimated linear feet, and
species of vegetation that will be removed or vegetation community that
will be treated.
5) An assessment from a Qualified Biologist of all potential special-status
species and sensitive habitats that may be impacted by each activity.
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6) Proposed avoidance and minimization measures from this Agreement for
each activity.
7) Proposed work window for each site and estimated commencement and
termination dates.
8) The information required by Measure 3.4 (Restoration and Planting Plan).
3.2 Annual Reports and Fees for Completed Projects. By January 31st of each year,
Permittee shall provide CDFW written notification of maintenance projects
completed within the preceding calendar year. At a minimum, the Annual Report
shall include: project name, Streambed Alteration Agreement number, pre and
post photographs, status of work, volume of material removed, linear feet of
impact and unanticipated problems. Permittee shall submit the appropriate fee
from the current CDFW Streambed Alteration Agreement Fee Schedule for work
completed under this Agreement based upon the number of projects completed
in the reporting period. Annual Reports and appropriate fees shall be mailed to:
CDFW Bay Delta Region, 7329 Silverado Trail, Napa, 94558. CDFW may
terminate this Agreement if reports and fees are not submitted by these
deadlines. Permittee shall provide CDFW Bay Delta Region written
notification of maintenance work completed each year. Each annual report
shall include the appropriate fee determined from the current CDFW
Streambed Alteration Agreement Fee Schedule for work completed under
this Agreement based on the number of activities completed in the
reporting period. For fee purposes, a “project” is defined as a routine
maintenance activity performed by the Permittee during a given year in a
specific area. Each annual activity shall be considered to be one project.
Permittee shall pay fees either in the form of a check mailed to CDFW’s Bay
Delta Region office (i.e., 2825 Cordelia Road, Suite 100, Fairfield, CA 94534),
or online with credit card
(https://www.ca.wildlifelicense.com/InternetSales/). If fees are paid online, a
copy of the receipt shall be emailed to CDFW along with the annual report.
Annual reports and fees are due by January 31. CDFW may terminate this
Agreement if reports and fees are not submitted. Annual reports shall be
clearly organized by activity and include:
1) Agreement No. 1600-2016-0246-R3
2) Project activity location.
3) Project activity description.
4) Estimated volume of material placed or removed from each site.
5) Estimated area in acreage or square feet, linear feet, and species of
vegetation removed, or vegetation community treated or maintained,
including area of temporary impacts.
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6) Project commencement and termination dates.
7) All completed avoidance and minimization measures implemented as
required by this Agreement.
8) Fish and wildlife resources observed during the Project activity.
9) Photographic documentation as further described in Measure 3.6.
10) The information required by Measure 3.5 (Re-vegetation Annual Report).
3.6 Photographic Documentation of Work. Prior to commencement of work for
each Project activity, a minimum of one (1) vantage point that offers
representative views of the Project area shall be identified. The Permittee
shall photograph the Project area from the identified vantage points, noting
the direction and magnification of each photo. Upon completion of work,
the Permittee shall photograph post-Project conditions from the vantage
points using the same direction and magnification as pre-Project photos.
The photographic documentation shall be submitted to CDFW with the
photos and a reference key describing the location of the photo, the
direction of the view, and whether the photo is pre- or post-construction.
The photographic documentation shall be submitted as part of the Annual
Reports for Completed Work (Measure 3.2).
EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated
herein by reference.
A. City of Rohnert Park Sites
A. City of Rohnert Park Updated Sites
Please sign and return one copy of this letter to acknowledge the amendment. Copies
of the Agreement and this amendment must be readily available 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 Nick Wagner, Senior
Environmental Scientist (Specialist) at (707) 428-2092 or by email at
Nicholas.Wagner@Wildlife.ca.gov.
Sincerely,
Craig J. Weightman
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Environmental Program Manager
Bay Delta Region
ec. Scott Sanders, SSanders@rpcity.org
ACKNOWLEDGEMENT
I hereby agree to the above-referenced amendment.
Print Name: _______________________________ Date: ____________________
Signature: ________________________________
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Vanessa Garrett