HomeMy WebLinkAboutAgenda Bill 5.APart1 12/06/2010DATE: December 6,2010
TO: Honorable.Mayor and Members of the City Council through City Manager
FROM: Vincent Marengo, Director of Public Works
SUBJECT: Resolution Accepting Coastal Conservancy Funding for Design of the Downtown
Railroad Trestle Rehabilitation Project, and Authorizing the City Manager to Sign
the Grant - Related Documents
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting Coastal
Conservancy funding for design of the Downtown Railroad Trestle Rehabilitation Project, and
authorizing the City Manager to sign grant- related documents.
BACKGROUND
In 2007, a PCDC- funded Historic Structure Report was undertaken to research the origins of the
trestle, create a chronology :of railroad ownership, and perform preliminary engineering and
rehabilitation cost estimation. Until recently, no funding was identified to further develop a
project to rehabilitate the dilapidated SMART -owned downtown'trestle.
`On April 20, 2009, the City Council authorized application to the Coastal .Conservancy for
funding through the San Francisco Bay Area Conservancy Program. Staff was notified 'in. May
2009 that the California Proposition 84 Bond funding was frozen and the Coastal Conservancy
was not encouraging applications. By the beginning of 2010, it appeared that funding would be
available in the, following months and staff was encouraged to submit the application.
In.Nlarch -20 0, the City submitted a.grant application requesting'$500,000 for planning and
design. of the trestle rehabilitation., including environmental clearance. and necessary permits. The
Coastal Conservancy requested a local match for the grant but indicated that the match can be
provided through in =kind seiices the direct, staff time: and materials involved in managing the
design project. Staff advised the Council .of this ;match.lexibility; and indicated in its August 2,
2010, report that the City's 25,000 match would consist of City and SMART staff time. Due to
the timing of that'report, a SMART commitment could not be obtained prior to Council action,
and on August 2, 2010, to meet grant requirements, the City Council committed to funding 5 %
($25,000) and incorporated the Trestle Rehabilitation Project into the CIP. City costs, in
actuality, will be limited to in -kind services totaling: $'12,500; the remaining $12,500 will be
provided by SMART, which has agreed to contribute to this project and has provided a letter
Agenda Review:
City Attorney Finance Director City Manager
committing staff time for consultant selection, design, atiending'meetings, plan and specification
review. SMART's contribution this project will provide, at a minimum, one half of the
required local match. Coastal Conservancy staff recommended the project for funding at the
October 21, 2010, Coastal Conservancy Board Meeting.
DISCUSSION
The final product for the, work,funded by this grant will be construction drawings and
specifications. Once the final written approval for the project to commence is received, City
staff will issue a Request for Proposals for environmental and design consultants. It is
anticipated that this phase will begin in�spring 2011, and take approximately one year to
complete. Staff intends to continue to seek grant funds appropriate for the trestle rehabilitation
and,will prepare a subsequent grant application to the Conservancy for rehabilitation, once the
trestle design is selected and a detailed cost estimate is prepared.
FINANCIAL IMPACTS
Total Cost of Proposal or Project: $500,000
Total Grant from Coastal Conservancy: $475,00.0
Total Grant Match (non- federal funds): $25,000
Amount Budgeted: $25,000
It should be noted that the Coastal Conservancy requires a 10% retention of submitted invoices
until the project is satisfactorily completed. Therefore, over the estimated two -year length of the
project, the project budget needs to anticipate payment of retention accumulating up to a
maximum amount of $47,500, all of which will be reimbursed at.completion of the project. This
retention will be temporarily funded by the CEP Fund. Upon completion of project, the final
reimbursement will then reimburse the,CIP Fund.
No funding has yet been identified for the construction phase of this project. Staff will continue
to seek grant funding throughout, and, as necessary, beyond the design phase of this project.
ATTACHMENTS
1. Resolution
2. , Resolution,2009 -055 N.C.S. approving application to the Coastal Conservancy
3. Resolution 2010 -152 N.C.S. amending the FY 10111 Budget
4. Coastal Conservancy Grant Agreement (without Exhibit B, the Petaluma River Access &
Enhancement Plan)
Z Items listed below are large in volume and are.not attached to this report, but may be viewed in the
City Clerk's office.
5. Petaluma River Access and Enhancement Plan
2
ATTACHMENT 1
RESOLUTION.ACCEPTING .COASTAL CONSERVANCY FUNDING FOR DESIGN
OF THE DOWNTOWN RAILROAD TRESTLE REHABILITATION PROJECT, AND
AUTHORIZING CITY MANAGER TO SIGN THE GRANT - RELATED DOCUMENTS
WHEREAS the Downtown Railroad Trestle, built. in 1922 on the west bank of the
Petaluma River in downtown Petaluma, has been determined to be an historical resource; and
WHEREAS, the Trestle, previously the site for outdoor gatherings, such as the River
Festival, is currently in poor condition and fenced off - from public use; and
WHEREAS, the City of Petaluma is desirous to complete a project to rehabilitate this
historically significant structure; and
WHEREAS, the San Francisco Bay Area Conservancy Program, administered by the
Coastal Conservancy, was established in 1998 to address the natural resource and recreational
goals of the nine- county Bay Area in a coordinated and comprehensive way; and
WHEREAS, the Trestle Rehabilitation Project supports Conservancy goals by improving
public access to the Bay through. the connection of land and water based trails and promotes open
space accessible to urban populations for recreational and educational purposes; and
WHEREAS, staff submitted an application to the Coastal Conservancy in March 2010
and is awarded W5,000 toward the Downtown Railroad Trestle Rehabilitation Project; and
WHEREAS, Coastal Conservancy staff has recommended a five percent local funds
match, and on August 2, 2010, Council approved amending the Fiscal Year 20.10 -2011 Adopted
CIP Budget to include the Trestle Rehabilitation Project and commit funding 5% of the project
cost; and
91
WHEREAS, the Sonoma, Mar n Area Rail Transit agency, the owner of the Trestle, is
supportive of the rehabilitation project and has committed to provide in -kind staff services to
serve as one half 'of the e grant match.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Accepts the Coastal Conservancy Grant funding in the. amount of $475, 000; and
2. Authorizes the City Manager to sign the Coastal Conservancy Grant Agreement and all other
associated documents required for this project, in order to receive grant funding allocation.
11
ATTACHMENT 2
Resolution No. 2009 -055 N.C.S.
of the City of Petaluma, California
APPROVING APPLICATION TO THE COASTAL CONSERVANCY
FOR A SAN, FRANCISCO'BAY AREA CONSERVANCY PROGRAM GRANT
TO REHABILITATE THE DOWNTOWN TRESTLE
WHEREAS, the San Francisco Bay Area Conservancy,Program.(Bay Program) provides
funds to address the natural resource and- recreational goals of the nine- county Bay Area; and,
WHEREAS, the Coastal Conservancy has been designated as the administrator of the
Bay Program; and
WHEREAS, the Downtown Trestle has been determined to be an,historical resource and
the structure is in need of improvements; and,
WHEREAS, the:City';of Petaluma desires to submit an to the Coastal
Conservancy for a'San Francisco Bay Area Conservancy grant to support the design and
construction necessary for trestle rehabilitation.
NOW, THEREFORE, BE IT RESOLVED that the Pe.taluma,City Council hereby:
1. Approves the filing of a grant application to the Coastal Conservancy for a
San Francisco Bay Area Conservancy grant for the Downtown Trestle
rehabilitation; and
2. Authorizes the City Manager to sign the grant - application.
Under the power and authority conferred upon this Council'by'the,Cherteriof said City
REFERENCE: I hereby, certify the foregoing Resolution was introduced, and adopted;by the A rose to
Council of the Cityot'Petaluma at a Regularrnceting;on, the 20" day ufApril, 2009, for
by the following vote:
City Attor ey
AYES: Vice Mayor Barrett Glass, Harris. Mealy, Rabbitt, Ren&e,:Mayor Torliatt
NOES: None
ABSENT: None /
ABSTAIN: None
ATTEST:
City. Clerk Maj� i
Resolution No. 2009 -055 N.C.S.
Page I
5
ATTACHMENT 3
Resolution No. 20110 -15.2 N.C.S.
of the City of Petaluma, California
AMENDING THE FY 10/11 BUDGET TO INCLUDE.
THE TRESTLE REHABILITATION PROJECT AND COMMITTING
5% OF PROJECT COST AS LOCAL MATCH TO THE
SAN FRANCISCO BAY' AREA CONSERVANCY'PROGRAM GRANT
WHEREAS, the Railroad Trestle in downtown Petaluma ism dilapidated; and,
WHEREAS, the City of Petaluma is desirous to create a. project to rehabilitate this
historically significant structure; and,
WHEREAS, the San .Francisco Bay Area Conservancy Program,, administered by the
Coastal Conservancy, was established in 1998 to address the natural resource and recreational
goals of the nine- county Bay Area a coordinated and comprehensive way; and,.
WHEREAS, the Trestle Rehabilitation Project supports Coastal Conservancy goals by
improving public access to the Bay through the connection of land and water based trails and
provides open space accessible to urban populations for recreational and educational purposes;
and,
WHEREAS, the City submitted a grant application requesting $500,000 for the planning
and design of the trestle rehabilitation to include environmental clearance and necessary permits;
and,
WHEREAS', Coastal Conservancy staff has recommended a five percent local funds
match; and,
WHEREAS, staff recommends creating and adding a new project titled Trestle
Rehabilitation Project to theTiscal Year 2010-11 Adopted CIP Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma, hereby:.
,Resolution No. 2010-152 MC Page 1
rel
Upon award of grant from the Coastal Conservancy, amends the Fiscal Year 201,0 -11
Adopted CIP Budget to include the Trestle Rehabilitation Project; and,
2. Commits to funding 5% of the project cost, as local match, to the San .Francisco Bay Area
Conservancy Program Grant.
Under the'powerand authority conferred upon this Council by the; Charter of saidLCity.
REFERENCE: I hereby certify the foregoing.Resolution' was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on'the'2 d day of August. fo
2010, by the following vote:
Assistant City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN':
ATTEST:
Barrett. Vice Mavor Glass. Healv. Rabbitt.Renee;.Mayor Torliatt
None
Harris
None Q�^
City Clerk
Resolution No. 2010 -152 N.C:S. Page 2
7
STATE OF CALIFORNIA
ST4NDARD AGREEMENT
Std.12 (Grant - Rev 08/08)
C
10 -027
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION
NO.
94- 6000392
THIS AGREEMENT, made and entered into this day of 2010, -
in the State 'of California, 'byand'between State of.Califomi through its duly elected or appointed qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY'
Executive Officer State Coasta Conservancy
, hereafter called the Conservancy, and
City of Petaluma hereafter called the Grantee.
The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations'of the Conservancy hereinafter expressed,
does hereby agree as follows:
SCOPE OF AGREEMENT
Pursuant to, Chapter 4.5 of Division 21 of the California Public Resources Code, the State Coastal Conservancy
( "the Conservancy") hereby grants to the City of Petaluma ( "the grantee ") a;surri not to exceed $475,000 (four
hundred seventy -five thousand dollars), 'subject to the terms and conditions of this agreement. The grantee shall
use these funds to complete the.following project ( "the project ") along the Petaluma River in the City of Petaluma,
Sonoma County as shown on Exhibit A, which. is incorporated by reference and attached:
.. (Continued on following pages)
The provisions on the following pages constitute a part of this agreement.
IN WITNESS WHEREOF, this aoreement'has been exertrted by tha nnrt(ac horo+„ fk; A..4.
_ - -- -- - - -
STATE OF CALIFORNIA
- ••_•••.. .... u vn LI VOLE 111 OL GUUVF1 Wr ILLerl.
GRANTEE
AGENCY
State Coastal Conservancy
GRANTEE (If other than an individual, state whether corporation, partnership, etc.)
City of Petaluma
BY (Authorized Signature)
BY (Authorized 's4n�+ulPJ
PRINTED NAME AND TITLE OF PERSON SIGNING
Samuel Schuchat, Executive Officer
PRINTED NAME AND TITLE OF PERSON SIGNING
John C. Brown, City Manager
ADDRESS & PHONE NUMBER
1330 Broadway, 13�' Floor
ADDRESS
11 English Street'
Oakland, CA 94612
`Petaluma, CA 94952
Phone: (510)286 -1015
Phone: (707•)778 -4345
AMOUNT ENCUMBERED BY THIS
DOCUMENT
PROGRAM /CATEGORY (CODE AND TITLE)
FUND TITLE
Safe Drinking, Water, Water
I certify that this agreement is
Capital Outlay
Quality.,..
exempt from Department'of
$475,000.00
General Services' approval.,
(OPTIONAL uSE)
Petaluma Trestle Rehabilitation Design
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM
CHAPTER STATUTE FISCAL YEAR
-0-
3760 - 301- 6051(1)(F)
1XXX 2009 09/10
TOTAL AMOUNT ENCUMBERED
TO DATE
I OBJECT OF EXPENDITURE (CODE AND TITLE)
$475,000.00
San Francisco Bay Area
I•hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the
expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
r1'rnnnrnrr
u /'kUUUUN 1 INO LJ HKUJtGT MANAGER
CONTROLLER 0 STATE AGENCY
City of Petaluma
Grant Agreement N6.10-027
Page 2
SCOPE OF AGREEMENT (Continued)
The grantee shall complete the necessary an of geotechnical and structural conditions to
design an effective rehabilitation of the Petaluma trestle and stabilization of the riverbank
beneath. This shall include designing plans for and analysis of. the trestle structure,
improvement of the trestle deck, bank stabilization as identified through the analysis,
replacement of the railroad tracks, interpretive panels for both the riverfront history and the
storm water runoff cycle readily observed at the project site, completion of the Petaluma River
Trail for safe passage of bicyclists and pedestrians; and environmental review of the proposed
designs to assess any potential impacts and provide appropriate mitigation measures where
necessary. The restoration design shall incorporate recreational,. environmental, educational and
accessibility elements for public access along the approximately 500 -foot long historic railroad
trestle.
The grantee shall carry out the project.in accordance with this agreement and a work program as
provided in the "WORK PROGRAM" section, below. The?grantee shall provide $70,000 in-
kind and any funds beyond those granted under this agreement which are needed to complete the
proj ect.
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any funds under this agreement until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution authorizing the.execution of this
agreement and approving its terms and conditions.
2. The Executive Officer of the Conservancy ( "Executive Officer ") has approved in writing:
a. The work program for the project as provided in the "WORK PROGRAM" section,
below.
b. All contractors that the grantee intends to retain in connection with the project.
3. The grantee has provided written evidence to the Conservancy that:
a. The grantee has provided for required insurance coverage, including additional insured
endorsement, as. described in the "INSURANCE" section, below.
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City of Petaluma
Grant Agreement No. 10 =027
Page 3
TERM OF AGREEMENT
This agreement shall be deemed executed and effective .when signed by both parties and received
in the office of the Conservancy together with the resolution described in the "CONDITIONS
PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this
agreement. An authorized representative of the grantee shall sign the first page of the originals
of this agreement in ink.
This agreement shall run from, its effective date through June 30, 2013 ( "the termination date ")
unless otherwise terminated or amended as provided in this agreement. However, all work shall
be completed by March 31, 2013 ( "the completion date "). The grantee shall submit a final
Request for Disbursement form no later than April 25, 2013.
AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its
October 21, 2010 meeting, the.. Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit B: This agreement is executed under that authorization.
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City of Petaluma
Grant Agreement No. 10 -027
Page 4
Standard Provisions
WORK PROGRAM
Before beginning the project the grantee shall submit a detailed work program to the Executive
Officer for review and written approval of its consistency with the purposes of this grant
agreement. The work program shall include:
1. The specific tasks to be performed.
2. A schedule of completion for the project, specifically listing the completion date for each
project component and a final project completion date.
3. A detailed project budget. The project budget shall describe all labor and materials costs of
completing each component of the project. For each project component, the project budget
shall list all intended funding sources including the Conservancy's grant, the grantee's
required contribution and. all other sources of monies, materials, or labor.
The grantee shall, prior to initiating any request for contractor bids, submit the scope of work and
request for qualifications /proposals package to the Executive Officer for review and written
approval as to consistency with the purposes of this grant agreement. Upon approval by the
Executive Officer, the grantee shall proceed with the request for qualifications /proposals process.
Prior to final selection of a contractor, the grantee shall submit to the Executive Officer for
written approval the names of all contractors that the grantee intends to hire. The grantee shall
then comply with the above paragraph regarding submission and approval of a work program
prior to project. commencement.
The, work program shall have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the
grantee's submission of a modified work program and the Executive Officer's written approval
of it. If this agreement and the work program are inconsistent, the agreement shall control.
The grantee shall carry out the project in accordance with the approved work program.
COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities,
including local, state and federal agencies, and shall participate in meetings and other
communications as necessary to ensure coordination. No less than once a quarter, the grantee
shall provide the Conservancy with a progress update to alert Conservancy staff to any concerns
or potential changes to the project schedule.
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City of Petaluma
Grant Agreement No. 10 -027
Page 5
WORK PRODUCTS
All material, data, information, and written, graphic or other work produced under this
agreement is subject to the unqualified and unconditional right of the Conservancy to use,
reproduce, publish, display, and make derivative use of all such work, or any part of it, free of
charge and in any manner and for any-purpose; and to authorize others to do so. If any of the
work is subject to copyright, trademark, service mark or patent, the Conservancy is granted and
shall have a perpetual, royalty free, nonexclusive and irrevocable license to use, reproduce,
publish, use in the creation of derivative works, and display and perform the work, or any part of
it, and to grant to any third party a comparable and coextensive sublicense.
The grantee shall include in any contract with a third party for work.under this agreement terms
that preserve the rights, interests, and obligations created by this section, and that identify the
Conservancy as a third -party beneficiary of those ,provisions:
The grantee shall not utilize the work produced under this agreement for any profit - making
venture, or sell or grant rights-to a third. party for that purpose.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND. DISBURSEMENT" have been fully met, the
Conservancy shall disburse to the grantee, in accordance with the approved project budget, a
total amount not to exceed the amount of this grant, as follows:
The Conservancy shall disburse funds for costs incurred to date, less ten percent, upon the
grantee's satisfactory progress under the approved work program and upon submission of a
"Request for Disbursement" form, which shall be submitted no more frequently than monthly but
no less frequently than quarterly. The Conservancy shall disburse the ten percent withheld upon
the grantee's satisfactory completion of the project and compliance with the "PROJECT
COMPLETION" section, below, and upon the Conservancy's acceptance of the project.
The Conservancy will reimburse the grantee for expenses necessary to the project when
documented by appropriate receipts. The Conservancy will reimburse travel and related
expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3,
Subchapter 1, Article 2. of the California Code of Regulations ( "CCR "), except that
reimbursement maybe in: excess of these rates upon documentation that these rates are not
reasonably available to the grantee. Reimbursement for the cost of operating a private vehicle
shall not, under any circumstance, exceed the current rate specified by the State of California for
unrepresented.state employees as of the date the cost is incurred. The Conservancy will
reimburse the. grantee for other necessary expenses if those expenses are reasonable in nature and
amount taking into account the nature of the project, its location, and other relevant factors.
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City of Petaluma
Grant Agreement No. 10 -027
Page 6
COSTS AND DISBURSEMENTS (Continued)
The grantee shall request disbursements by filing with the Conservancy a fully executed
"Request for Disbursement" form `(available from the Conservancy). The grantee shall include
in the form its name and address, thenumber of this agreement, the date of the submission, the
amount of the invoice, the period during which the work was actually done, and an itemized
description, including time, materials, and expenses incurred, of all work done for which
disbursement is requested. The,form shall also indicate cumulative. expenditures to date,
expenditures during the reporting.period, and the unexpended balance of funds under the grant
agreement.
An authorized representative of the grantee shall sign the form. Each form shall be accompanied
by:
1. All receipts and any other source. documents for direct expenditures and costs that the grantee
has incurred.
2. Invoices from contractors that the, grantee engaged to complete any portion of the work
funded under this agreement and any receipts and any other source documents for costs
incurred and expenditures by any such contractor, unless the Executive Officer makes a
specific exemption in writing.
3. A supporting progress report summarizing the current status of the work and comparing it to
the status required by the work program (budget, timeline tasks, etc.), including written
substantiation of completion of the portion of the project forwhich the grantee is requesting
disbursement.
The grantee's failure to fully execute and submit a Request for Disbursement form, including
attachment of supporting documents, will relieve the Conservancy of its obligation to disburse
funds to the grantee unless and, until the:grantee corrects all deficiencies.
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET
TI'EMS
The grantee shall expend funds in the manner described in the approved project budget. The
allocation of the Conservancy's total grant among the items in the project budget may vary by as
much as ten percent without approval by the Executive Officer. Any difference of more than ten
percent must be.approved in writing by the Executive Officer. The Conservancy may withhold
payment for changes in particularbudget items which exceed the amount allocated in the project
budget by more than ten percent ,and which have not received the approval required above. The
total amount of this grant may not be increased except by to this agreement. Any
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City of Petaluma
Grant Agreement No. 10 -027
Page 7
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET
ITEMS (Continued)
increase in the funding for an yparticular"budget item shall mean a decrease in the funding for
one or more other budget items unless there is a written amendment to this agreement.
PROTECT COMPLETION
The; grantee shall complete the project by the completion date provided in the "TERM OF
AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the
Conservancy with evidence of completion by submitting:
1. The plan and any other work products specified in the work program for the project, each in a
format or formats (for example, paper, digital, photographic) approved by the Executive
Officer.
2. Documentation that the grantee has complied with the "CALIFORNIA ENVIRONMENTAL
INFORMATION CATALOG ENTRY" section, below.
3. A fully executed final "Request for Disbursement."
Within thirty days of the grantee's submission of the above, the Conservancy shall determine
whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to
the grantee a letter of acceptance; of the project. The project shall be deemed complete as of the
date of the letter.
EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM
Before the project is complete, either party may terminate this agreement for any reason by
providing the other party with_ seven days notice in writing and the Conservancy may suspend
the agreement upon.written notice. In either case, the grantee shall immediately stop work under
the agreement and take all reasonable, measures to prevent further costs to the Conservancy. The
Conservancy shall be responsible for any reasonable and.non- cancelable obligations incurred by
the grantee in the performance. of this agreement prior to the date of the notice to terminate or
suspend, but only up to the undisbursed balance of funding authorized in , this agreement. Any
notice suspending work under this agreement shall remain in effect until further written notice
from the Conservancy authorizes work to resume.
If the grantee fails to complete the project as required, or fails to' fulfill any other obligations of
this agreement to the termination date, the grantee shall be liable for immediate repayment
City of Petaluma
Grant Agreement No. 10 -027
Page 8
EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM (Continued)
to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The
Conservancy may, at its sole discretion, consider extenuating circumstances and not require
repayment for work partially completed. This paragraph shall not be deemed to limit any other have remedies the Conservancy maave for breach of this agreement.
On or before the date of termination of the agreement under this section, whether terminated by .
the grantee or the Conservancy, the grantee shall provide the Conservancy with all work,
material, data, information, and written, graphic or other work produced or developed under this
agreement (whether completed or partial), in appropriate, readily'useable form.
The parties expressly agree to waive, release and relinquish the recovery of any consequential
damages that may arise out ofthe termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work under this
agreement a provision that entitles the grantee to suspend or terminate the agreement with the
contractor for any reason on written notice and on the same terms and conditions specified in this
section.
INDEMNIFICATION AND HOLD HARMLESS
The'grantee shall be responsible for; indemnify and hold harmless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages, or costs, including
without limitation litigation costs and attorneys fees, resulting from or arising out of the willful
or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and
employees, or in any way connected with or incident to this agreement, except for the active
negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to
indemnify and hold harmless,includes the duty to defend as set forth in Civil Code Section 2778.
This agreement supersedes the grantee's right as a public entity'to indemnity (see Gov. Code
Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section
895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents or employees, for any liability resulting from,
growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a
third' -party beneficiary under this .agreement.
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City of Petaluma
Grant Agreement No. 10 -027
Page 9
INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance, as
specified in this section, against claims for injuries to persons or damage to property that may
arise from or in connection with any activities by the grantee or its agents, representatives,
employees, volunteers; or contractors associated with the project undertaken pursuant to this
agreement. As an alternative, with the written approval of the Executive Officer, the grantee
may satisfy the coverage required by this section.in whole or in part through: (a) its contractors'
procurement and maintenance of Insurance for work under this agreement, if the coverage
otherwise fully satisfies the requirements of this section; or (b) the grantee's participation in a
"risk management" plan, self insurance program or insurance pooling arrangement, or any
combination of these, if consistent with the coverage required by this section.
1. Minimum Scope of Insurance Coverage shall be at least as broad as:
a. Insurance Services Office ( "ISO ") Commercial General Liability coverage (occurrence
Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable
with Broad Form Comprehensive General Liability endorsement.
b. Automobile Liability coverage - ISO Form Number CA 0001, Code I (any auto).
Workers' Compensation insurance as required by the Labor Code of the State of
California.
2. Minimum Limits of Insurance Grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations, products and
completed operations, as applicable)
b. Automobile Liability:
$1,000,000 per occurrence for bodily injury,
personal injury andproperty damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to the activities under agreement. or the -
general aggregate limit shall be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and
property damage.
3. Deductibles and Self-Insured Retentions Any deductibles or self- insured retentions must be
declared to and approved by the Executive Officer.
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City of Petaluma
Grant Agreement No. 10 -027
Page 10
INSURANCE (Continued)
4. Required Provisions Each insurance policy required by this, section shall be endorsed to
state that coverage shall not be canceled by either party, except after thirty days' prior written
notice by certified mail, return receipt requested, has been given to the Conservancy. The
general liability and automobile liability policies, are to contain, or to be endorsed to contain,
the following provisions:
a. The State of California, its officers, agents and employees are to be covered as insureds
with respect.to liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the grantee; and with respect to liability arising out of work or operations
performed by or on. behalf of the grantee including materials, parts or equipment
furnished in connection with such work or operations.
b. For any claims related to this agreement, the grantee's insurance coverage shall be
primary insurance with respect to the State of California, its officers, agents and
employees.
c. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Acceptability of Insurers Insurance shall be placed with insurers admitted to transact
business in the State of California and having a current Best's rating of "B +:VII" or better or,
in the alternative, acceptable to the Conservancy and approved. in writing by the Executive
Officer.
6. Verification of Coverage The grantee shall furnish the Conservancy with original
certificates, in the form attached as Exhibit C to this agreement and amendatory
endorsements effecting coverage required by this clause. All certificates and - endorsements
are to be received and approved by the Officer before work commences. The
Conservancy reserves the, right to require complete, certified copies of all required insurance
policies, including endorsements effecting the coverage, at any time.
7. Contractors The grantee shall include all contractors as insureds under its policies or shall
require each contractor to provide and maintain coverage consistent with the requirements of
this section. To the extent generally available, grantee shall also require each professional
contractor to provide and maintain errors and omissions liability insurance appropriate to the
contractor's profession and in a reasonable amount in light of the nature of the project with a
minimum limit of liability of $1,000,000.
8. Premiums and Assessments The Conservancy is not responsible for premiums and
assessments on any insurance policy.
t�
City of Petaluma
Grant Agreement No. 10 -027
Page 11
AUDITS/ACCOUNTING/RECORDS
The. grantee shall maintain financial accounts, documents, and records (collectively, "records ")
relating to this agreement, in, accordance with the of "Generally Accepted Accounting
Principles" ( "GAAP ") published by the American Institute of Certified. Public Accountants. The
records shall include, without limitation evidence sufficient to reflect properly the amount,
receipt, deposit, and disbursement of all funds related to work under .the agreement. Time and
effort reports are also required. The grantee shall maintain adequate supporting records in a
manner that permits tracing from fthe request for disbursement forms to the accounting records
and to the supporting documentation.
Additionally, the Conservancy or . agents may review, obtain, and copy all records'relating to
- performance of the agreement. 'The grantee shall provide the Conservancy or its agents with any
relevant information requested and.shall permit the Conservancy or its agents access to the
grantee's premises upon reasonable notice, during normal business hours, to interview
employees and inspect; and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following final
disbursement by the Conservancy. The records shall be subject to examination and audit by the
Conservancy and the Bureau of State Audits during the retention period. .
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all. subcontractors.
The 'Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not unlawfully
discriminate against „harass, or allow' harassment against any employee or applicant for
employment because of sex, race, color, ancestry religious creed, national origin, ethnic group
identification, physical disability (including HIV and AIDS), mental disability, medical
condition, marital. status, age (over 40) or sexual orientation (Government Code section 12940).
The grantee and its contractors also shall not unlawfully deny a request for or take unlawful
action against any individual because of the exercise of rights related to family -care leave
(Government Code sections 12945.1 and 12945.2). The grantee and its contractors shall ensure
that the evaluation and treatment of their employees and applicants for employment are free of
such, discrimination, harassment and unlawful acts.
City of Petaluma
Grant Agreement No. 10 -027
Page 12
NONDISCRIMINATION (Continued)
Pursuant to Government Code section 12990, the grantee and its- contractors shall comply with
the provisions of the Fair Employment and Housing Act (Government Code section 12900 et
seq.) and the applicable regulations (California Code of Regulations Title 2, section 7285.0 et
seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor
Nondiscrimination and Compliance. (Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations) are incorporated into this agreement by this reference.
The grantee and its contractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement. This
nondiscrimination clause shall he included in all contracts and subcontracts entered into to
perform work provided for under this. agreement.
LABOR COMPLIANCE PROGRAM
This agreement is funded'in whole or in part with funds from the ".Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006"
( "Proposition 84 "). Section 75075 of the Public Resources Code 'imposes on a body awarding
any contract for a public works project financed in any part with Proposition 84 funds
responsibility for adoption and enforcement of a "labor compliance program" under Labor Code
Section 1771.5(b). The grantee shall review these statutory provisions and related provisions to
determine its responsibilities.
INDEPENDENT CAPACITY
The grantee, and the, agents and employees of the grantee, in the performance of this agreement,
shall act in an independent capacity and not as officers or-employees or agents of the State of
California.
ASSIGNIMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the
grantee in whole or in part.
TIMELINESS
Time is of the essence in this agreement.
k�
City of Petaluma
Grant Agreement No. 10 -027
Page 13
EXECUTIVE OFFICER'S DESIGNEE
The! Executive Officer shall designate a Conservancy project manager who shall have authority .
to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer
shall notify the grantee of the designation in writing.
AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid unless
made in writing and signed byt_he,parties to the agreement. No oral understanding or agreement
not incorporated in this agreement shall be binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
on
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EXHIBIT 2: Petaluma Trestle Photographs
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COASTAL CONSERVANCY
Staff. Recommendation
October 21, 2010
PETALUMA TRESTLE REHABILITATION DESIGN
Project No.: 10- 017 -01
Project Manager: Deborah Hirst
RECOMMENDED ACTION: Authorization to disburse up to $475,000 to the City of
Petaluma to complete analysis, engineered designs and permits for the rehabilitation of the
historic trestle on the'Petaluma River for public access in downtown Petaluma, Sonoma County.
LOCATION: Located on bank of the Petaluma River in downtown Petaluma (see Exhibit 1)
PROGRAM CATEGORY: San Francisco Bay Area Conservancy
EXHIBITS
Exhibit 1: Project Location.Maps
Exhibit 2: Trestle Photographs
Exhibit 3: Petaluma River Access and Enhancement Plan
Exhibit 4: Project Letters
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31160 -31165 of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes disbursement to the City of Petaluma an
amount not to exceed four hundred seventy five thousand dollars ($475,000) to complete
analysis, engineered designs and permits for the rehabilitation of the historic trestle on the
Petaluma River for public access in downtown Petaluma, Sonoma. County. Prior to the
disbursement of any Conservancy funds, the City shall submit for review And approval of the
Executive Officer of the Conservancy a work program, schedule and budget, and the names and
qualifications of any subcontractors that it intends to employ for this planning work."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed project is consistent with the current Project Selection Criteria and Guidelines.
Page 1 of 7
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4
XTTIRTT R
PETAL UMA TRESTLE RESTORATION DESIGN
2. The proposed authorization is consistent with the purposes and objectives of Chapter 4.5 of
Division 21 of: the Public Resources Code, regarding the resource and recreational goals of
the San.Francsco Bay Area, including`the improvement of public access through regional
and local trails connecting population centers and public facilities."
PROJECT SUMMARY:
Staff recommends that the State Coastal Conservancy authorize.disbursement of up to $475,000
to the City of Petaluma to complete analysis; engineered designs and permits for the
rehabilitation of the historic trestle on the Petaluma River for public access in downtown
Petaluma, Sonoma County.
The: proposed project will enable the City of Petaluma to complete the necessary analysis of
geotechnical and structural conditions "to design an effective rehabilitation of the Petaluma trestle
and stabilization of the riverbank beneath. The project will include analysis of and design plans
for: the trestle structure, improvement of the trestle deck, bank stabilization as identified through
the analysis, replacement of the railroad tracks, interpretive panels for both the riverfront history
and the storm water runoff cycle readily observed at the project site, completion of the Petaluma
River Trail for safe passage of bicyclists and pedestrians; and environmental review of the
proposed designs to assess any °potential impacts and provide appropriate mitigation measures
where necessary. The restoration design will incorporate recreational, environmental,
educational and The
elements for public access along the approximately 500 -foot long
historic railroad trestle.
The Petaluma General Plan (2008), The Central Petaluma Specific Plan (2003) and The River
Access and Enhancement Plan (1996) emphasize the importance of reorienting the Petaluma
community toward the River and enhancing this "green ribbon with improved public access,
recreation, education and riverrestoration. Transportation and commerce along the river have
been defining aspects of the character and identity of downtown. Petaluma, and the proposed
trestle restoration. project offers a means of preserving the highly visible trestle boardwalk
element of the urban waterfront in Petaluma. There is urgency for the proposed project as the
trestle has been fenced off from public pedestrian and bicycle access for a number of years due
to deterioration of the wooden structure and supports while awaiting a path forward for
restoration (see Exhibits 2 and 3).
The Sonoma - Marin Area Rail Transit District (SMART) owns the Petaluma trestle and is -
working in partnership with the City to address the risk the trestle now poses to public access.
Development and operation of a 14 station passenger rail system and network of bike and
pedestrian paths along the' Highway 101 corridor between the ferry terminal in Larkspur in Marin
County ( Marin) and Cloverdale in Sonoma County (Sonoma) is the primary purpose of the
quarter cent sales tax for SMART approved by Marin and Sonoma voters in November 2008.
By 2014, SMART will complete and put into operation a system with 70 miles of rail service, as
well as 54 miles of.multi -use path and 17.miles of Class II bike lane in Sonoma and Marin as an
alternative to driving; the $590 million project is largely being funded by voter - approved sales
tax revenue. The system will serve 5 stations in Marin and 9 stations in Sonoma, including the
Petaluma station located within walking distance from Petaluma's planned transit hub and the
historic railroad trestle on the Petaluma River Trail. SMART's existing rail corridor through
Petaluma offers sufficient space to enable a future "rail with trail" design for multi -use public
Page 2 of 7
PETAL UMA TRESTLE,RESTORATION DESIGN
access. Bicycle and pedestrian paths are a fundamental aspect of the SMART system for
providing alternate transportation from highway driving. SMART staff is working with. the City
to identify other funding sources available to SMART to contribute to the restoration of the
SMART - owned trestle on the river.
The City of Petaluma's Bicycle and Pedestrian Plan (2008) identifies the Petaluma River Trail
and the SMART corridor rail -to -trail project as two of the five highest priority projects for
bicycle and pedestrian access for the city. The trestle is considered an important segment of the
Petaluma River Trail which begins on the eastern side of Petaluma at Prince Park and travels
west, into downtown Petaluma to the trestle area. Future extension of the Petaluma River Trail
from the trestle south along the river has potential to connect additional parks and trails in
Petaluma.
Three significant regional trails ,being developed with support from the Conservancy have
potential to link to the trestle project's improvements. A pro_ posed realignment for a segment of
the Bay Area Ridge. Trail would move the Petaluma section of the 580 -mile trail off of local
roads and onto an alignment along Adobe Creek and. Northwest.Paciftc railroad right -of -way to
Steamer Landing Park on the Petaluma River. A recent request by the City to the Association of
Bay Area Governments proposes an extension of the current proposed alignment of the 500 -mile
San Francisco Bay Trail to include a connector trail into downtown Petaluma to the Turning
Basin. Petaluma would serve as a. junction for these regional trails along the Petaluma River, an
existing bridge and the local Petaluma River Trail over the restored.trestle downtown. In
addition, the San Francisco Bay Area Water Trail has a pullout site at the Turning Basin across
from, the trestle and a recently improved floating dock with boat tie- up ;spaces has direct access
from the river up to the public access downtown at the proposed project location.
Potential also exists to restore a historic trolley line through the main commercial area of
Petal'uma's historic waterfront area to connect with. the regional rail corridor being planned for
Sonoma and Marin. The restoration of the trestle is a component necessary to attract support for
the viability of a restored trolley service over the railway along- the Petaluma River. The City has
applied for Caltrans funds to pursue a feasibility study for restoration of the historic trolley line
and will pursue this longer term, transit= specific project in addition to the public access and trails
focus of the proposed project. The City's proposed trestle rehabilitation project with
Conservancy funds will evaluate the difference in cost between a trestle with rail option and a
trestle without rail option and explore the possibility that the public use design requirements and
the trolley rail design requirements may be close in cost for construction. The Conservancy's
funding for the proposed project provides an opportunity to design:the,trestle rehabilitation lo
meet the requirements for both public access and the restoration of the historic trolley line in
Petaluma.
The City of Petaluma, 'SMART,'Petaluma Trolley (a 5,01 (c)(3) organization), and other project
partners anticipate seeking multiple sources of implementation funding to complete the trestle
restoration project. Among the sources being explored are possible contributions from the
Petaluma City Redevelopment, Agency, SMART, the State Water Resources Control Board,
public agency grants for transportation and smart growth, and foundation grants. Congestion
Management Agency administered by Sonoma County Transit Agency through a joint
power authority may also be a possible source as Sonoma County Regional Parks is applying for
thesei funds to complete 1.3 miles of SMART trail in the City of Santa Rosa with Santa Rosa
Redevelopment District funds as match.
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X .� C
PETAL UMA TRESTLE RESTORATION DESIGN
Site Description:. The proposed project is located in Sonoma County on.the Petaluma River in
Petaluma's historic downtown commercial district, which is listed onthe National Register of
Historic Places. Since the '1850's, the defining features of the City of-Petaluma have included
the namesake river that runs through downtown, the Victorian-era shopping district and the
area's distinctive waterfront industry warehouses. The Petaluma River begins 4 miles north of
town, flows through the City and. joins San Pablo Bay 14 miles to, the south. This navigable
waterway is tidally influenced with river level fluctuating up to nine feet. The railroad trestle
constructed of redwood in 1922 was the main.transit point between the river and commerce on
land. The 500 -foot trestle is elevated above the river between.the Water Street Plaza completed
in 2006 and the Petaluma Yacht Club on First Street. Across the river lies the historic Turning
Basin where boats would turn on the river to travel back south'to San Francisco Bay. Today,
trade on the river continues with 800 to 1 million tons of cargo moving into and out of Petaluma
by commercial boat.each year. In addition, an estimated 500 recreational watercraft annually
make Petaluma a destination. The City has approximately 58,000 residents and is within an
hour's drive for much of the San Francisco Bay Area.
Project History:
The, Conservancy provided support for the City of Petaluina's development of The Petaluma
River Access and Enhancement Plan (1996), which includes +specific recommendations to restore
the trestle and complete the Petaluma River Trail as part of the reorientation of the community
toward the river. A structural evaluation of the trestle and a historical structure report were
completed by the City in November 2007. This study concluded the trestle abutments, piles,
support structure and wood decking are not currently capable supporting pedestrian or trolley
loads and identified rehabilitation approaches and cost estimates in the range of $2 million to
$2.8 million. The study did not include a geotechnical component to evaluate the possible need
for bank stabilization; this will be conducted as .a component of'the proposed project.
The City began discussion with Conservancy staff in; 2007 and developed the current project
with input from project partners in the Summer of 2010. In spite of challenges posed by the
State economy and the economic conditions for the City and SMART, the partners have
identified staff time that will. be contributed to the proposed project and the identification of
implementation funding. Petaluma Trolley is a Historical Railroad Museum organization that
has worked with the City over a number of years to support the restoration of the trestle and the
historic trolley line. Over the six =year process of developing tle.River Access and Enhancement
Plan, members of the community and' a large range of supporters including elected officials have
come to see the trestle and trolley as important features for public access and the economic
.center of Petaluma: Recent attendance at the Petaluma River Revival Festival demonstrated the
desire for individuals and families to access waterfront recreation with a historical theme. Until
the closure of the trestle, lannual River Festivals were held on and around the trestle with
thousands of participants (See Exhibit 2 for photographs).
Specific improvements for trail, environmental education and open space made possible in part
with, Conservancy funding in the Petaluma area include The Petaluma River Access and
Enhancement Plan, the. McNear Peninsula Ridge Trail Link, Petaluma Marsh Trails, the Lynch
Creek Trail and educational displays at the Point Reyes Bird, Observatory San Francisco Bay
Research Center., The Conservancy.has also supported the preparation of the environmental
document for the Countywide Bicycle and Pedestrian Plan, working 'with Sonoma County
Page 4 of 7
N
PETAL UMA TRESTLE RESTORATION DESIGN
Regional Parks. This programmatic environmental document will benefit regional trails and
bicycle improvements in Petaluma and the region as a whole.
'The City of Petaluma has given a high priority to this extremely visible and pressing urban
waterfront access restoration project and is ready to immediately begin'the proposed project
should it be approved.
PROJECT FINANCING
Coastal Conservancy
$475,000
City of Petaluma
$15,000
Sonoma -Marin Area Rail Transit
$1 "0,000
Total Project Cost
$500;000
The anticipated source of Conservancy _funds is the fiscal year,2008 /09 appropriation to the
Conservancy from the "Safe Drinking Water, Water Quality and Supply, Flood Control, River
I nd Coastal Protection Bond Act of 2.006" (Proposition 84). These funds are available for all the
purposes of the San Francisco Bay Area Conservancy Program and are appropriate for the
funding planning for the restoration of the Petaluma trestle for public access on the Petaluma
River Trail. The City anticipates matching Conservancy funds in -kind by 5 % with support from
SMART.
CONSISTENCY WITH CONSERVANCY'S ENABLING' LEGISLATION:
Pursuant to Section 31162(a) of the Public Resources Code, the Conservancy may award grants
in the nine- county San Francisco Bay Area that will help to improve public access to, within, and
around urban open spaces, consistent with the rights of private property owners, and without
having a significant adverse impact on agricultural operations and environmentally sensitive
areas and wildlife. Consistent with Section 31162(a), the proposed project will enable a local
government to plan for the rehabilitation of a public access along a,historic downtown railroad
trestle on Petaluma River. In addition, the proposed project will'be designed to not have a
significant impact on environmentally sensitive areas or wildlife, which will be confirmed
through California Environmental Quality Act review pursuant to this authorization.
Consistent with Section 31163(a), the Conservancy cooperates with cities, counties and districts
in ; identifying and adopting long -term resource and outdoor - recreational goals for.the San
Francisco Bay Area. Completion of the Petaluma River Trail and restoration of the Petaluma
trestle are i'dentified.in (1) The City of Petaluma: General Plan 2025 (2008), (2) The City of
Petaluma Bicycle and Pedestrian Plan (2008), (3) The Central Petaluma Specific Plan (2003)
and (4) The Petaluma River Access and Enhancement Plan (1996).
Finally, the proposed project is appropriate for prioritization under the selection criteria set forth
in Section 31163(c) for the following reasons:
(1) The project is supported by adopted local plans including The City of Petaluma: General
Plan 2025 and The Petaluma River Access and Enhancement Plan.
(2) The project serves .a regional constituency by contributing toward the completion of a
riverfront trail with proposed connections to multiple regional trail systems in the San
Francisco Bay Area.
Page 5 of 7p
'VIR"TT
PETAL UMA TRESTLE RESTORATION DESIGN
(3) The project can be implemented in a timely manner, as the authorization supports a high
priority project identified by the City.
(4) The project provides benefits that could be lost if the project is not quickly implemented
as the blocked public access on the river will continue and the trestle will further
deteriorate if the momentum to restore access over the' trestle is not acted upon.
(5) The proposed project leverages matching funds from both the City of Petaluma and
. SMART.
CONSISTENCY WITH CONSERVANCY'S.2007
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with Goal 11, Objective A of the Conservancy's 2007 Strategic Plan, the proposed
project will plan a project that provides for recreational facilities.
Consistent with Goal 11, Objective II of the Conservancy's 2007 Strategic Plan, the proposed
project will provide a plan for a link in a regional trail.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION, CRITERIA. & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines, last updated on. June 4, NO, in the following respects:
Required. Criteria '
1. Promotion of the Conservancy's statutory programs and purposes: See the `.`Consistency
with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: See the "Project Financing" section
above.
3. Support of the public: The project has strong support from elected officials
including Congresswoman Woolsey, State Senator Wiggins, State Senator Leno,
Assemblyman Huffman and the Petaluma City Council as well as the public. See project
letters and the Petaluma Trolley petition in Exhibit 4.
4. Location: The Petaluma trestle is located on the western bank of the Petaluma River across
from the historic turning basin within the City of Petaluma. Approximately 500 feet long,
the trestle begins at the Yacht Club at 1" Street and runs to Western Avenue where it ends at
the recently renovated Water Street Plaza.
5. Need_: The City of Petaluma and SMART must address the failing trestle and find a
resolution `to restore public access along the Petaluma River in the highly scenic business
district downtown. Without Conservancy support for the proposed project the City risks
potential loss of the historic trestle structure for waterfront public access.
6. Greater- than -local interest: The trestle and historic downtown of Petaluma are draws for
tourists, visitors and sailors from the Bay Area and beyond due, in part, to the public access
along the Petaluma riverfront and the Petaluma River Trail. The San Francisco Bay Area
Water Trail, the San Francisco Bay Trail and the Bay Area Ridge Trail are regional trails
with potential connections to the trestle. on the Petaluma River Trail.
Page 6 of 7�
h ` .aYa
PETAL UMA TRESTLE RESTORATION DESIGN
7. Sea level rise vulnerability: The Petaluma River has an upper bank of more than 15 feet in
the area of the trestle: in downtown Petaluma, fourteen miles up river from San Pablo Bay;
current tidal influence results in a fluctuation of water surface height between extreme low
and high tides by approximately 9 feet. Future actions designed and permitted through the
proposed project will not be vulnerable to projected sea level rise of 16 inches by year 2050
or 55 inches by year 2100.
Additional Criteria
8. Urgency: The proposed project will address the currently unsafe, fenced -off public space
along the Petaluma River where the existing historic trestle has become dilapidated. Without
the proposed project, the trestle structure will continue to deteriorate and risk failure.
9. beverage: See the "Project Financing" section above.
10. Readiness: The City of Petaluma is ready to complete the proposed project, and has
identified both City staff time and a commitment for SMART staff time to support the
project.
11. Realization -of prior Conservancy goals: "See "Project History" above."
12. Retairn to Conservancy: See the "Project Financing" section above.
13. Cooperation: The City of Petalura and the Sonoma -Maria Area Rail Transit District are
working in partnership to develop specific rail and trail related infrastructure for Petaluma,
including the proposed trestle design project. The project also enjoys the participation and
cooperation of other organizations including Petaluma Trolley.
COMPLIANCE WITH CEQA:
California Code of Regulations title 14, section 15262 states that a project involving only
feasibility or planning studies for possible, future actions that have not yet been approved does
not require the preparation of an EIR or negative declaration but does require the consideration
of environmental factors. The proposed project consists of planning and design work, including
the preparation of engineered plans .permit applications and environmental review documents for
possible future action that has not yet been funded by the Conservancy (or approved by any other
public entity). Accordingly, the proposed project does not require preparation of an EIR or
- negative declaration. There are no.actions associated with the proposed project that raise
environmental considerations. Upon approval, staff will file a Notice of Exemption for the
project. ,
Page 7 of 7 3�
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