HomeMy WebLinkAboutResolution 2021-058 N.C.S. 5/03/2021 Resolution No. 2021-058 N.C.S. Page 1
Resolution No. 2021-058 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 AND 5339 FUNDING FOR TWO REPLACEMENT BUSES, ONE
PARATRANSIT VAN, SECURITY SYSTEMS, TRANSIT YARD AND FACILITY IMPROVEMENTS,
AND PARATRANSIT OPERATIONS, AND COMMITTING THE NECESSARY LOCAL MATCH
AND STATING ASSURANCE TO COMPLETE THE PROJECTS
WHEREAS, the City of Petaluma (City) seeks to reduce vehicle miles travelled, greenhouse gas emissions,
and pollution by providing public transportation/transit to the community; and
WHEREAS, the Fixing America’s Surface Transportation Act (FAST) (Public Law 114-94), continues the
Federal Transit Administration Formula Programs (49 U.S.C. §53 Section 5307) and Buses and Bus Facilities
Program (49 U.S.C. §53 Section 5339) to provide funding towards capital and operations of public transit; and
WHEREAS, pursuant to the regulations promulgated under FAST, eligible project sponsors wishing to
receive Federal Transit Administration (FTA) Section 5307 and 5339 grants for a project shall submit an
application with the appropriate metropolitan transportation planning organization (MPO), for review and
inclusion in the MPO's Transportation Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the San Francisco Bay
region; and
WHEREAS, the City is an eligible project sponsor for FTA Section 5307 and 5339 funds; and
WHEREAS, the City wishes to submit a grant application to MTC for funds from the FY 2020-2021 FTA
Section 5307 and 5339 Program for the following projects: Purchase of Two Replacement 35-foot buses,
Replacement of One Paratransit Cutaway Van, Security System Upgrades, Facility Improvements, and
Paratransit Operations (collectively referred to as “Projects”); and
WHEREAS, MTC requires a resolution with certain assurances as part of its applications; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, as authorizing the submittal of an application
for LCTOP and the execution of the certifications and assurances and authorized agent forms for the purchase
of two replacement zero-emission buses does not meet CEQA's definition of a “project,” because the action
does not have the potential for resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment because the purchase of zero-emission buses to replace
the existing diesel buses that will not increase the existing use will result in benefit to the environment due to
reduced greenhouse gas emissions; The purchasing of two electric battery buses to replace two diesel buses and
the replacement of one paratransit cutaway van with a zero-emission van is exempt under the common-sense
exemption, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the purchase of zero-emission vehicles to replace diesel and gasoline vehicles could have a
significant adverse impact on the environment as the replacements will result in a benefit to the environment
due to reduced greenhouse gas emissions and the purchase is not expanding the existing use; Similarly, the
grant funds will be used to pay for the ADA mandated paratransit operation costs is exempt under the common-
sense exemption, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that this action
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will not have a significant impact on the environment as the funds are not being used to expand the existing
paratransit operations, rather the grant money is being is used to defray the existing costs; The transit yard
improvements of constructing electrified vehicle gates to the facility to improve site safety and security are
categorically exempt under California Environmental Quality Act Guidelines, sections 15301 (Existing
Facilities) and 15303 (New Construction) as the project consists of a minor alteration to an existing facility by
installing gates and there is negligible or no expansion of use beyond what currently exists and there are no
cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable
pursuant to CEQA Guidelines section 15300.2.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma that:
1. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as
findings of the City Council.
2. Finds that this project is exempt from the California Environmental Quality Act for the following reasons:
a. The proposed action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378, as authorizing the submittal of an
application for LCTOP and the execution of the certifications and assurances and authorized agent forms
for the purchase of two replacement zero-emission buses does not meet CEQA's definition of a
“project,” because the action does not have the potential for resulting in either a direct physical change
in the environment or a reasonably foreseeable indirect physical change in the environment because the
purchase of zero-emission buses to replace the existing diesel buses that will not increase the existing
use will result in benefit to the environment due to reduced greenhouse gas emissions.
b. The purchasing of two electric battery buses to replace two diesel buses and the replacement of one
paratransit cutaway van with a zero-emission van is exempt under the common-sense exemption,
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility
that the purchase of zero-emission vehicles to replace diesel and gasoline vehicles could have a
significant adverse impact on the environment as the replacements will result in a benefit to the
environment due to reduced greenhouse gas emissions and the purchase is not expanding the existing
use.
c. Similarly, the grant funds will be used to pay for the ADA mandated paratransit operation costs is
exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that this action will not have a significant impact on the environment as the funds are
not being used to expand the existing paratransit operations, rather the grant money is being is used to
defray the existing costs.
d. The transit yard improvements of constructing electrified vehicle gates to the facility to improve site
safety and security are categorically exempt under California Environmental Quality Act Guidelines,
sections 15301 (Existing Facilities) and 15303 (New Construction). The project consists of a minor
alteration to an existing facility by installing gates. There is negligible or no expansion of use beyond
what currently exists and there are no cumulative impacts, unusual circumstances or other factors that
would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2.
3. The City is an eligible sponsor of projects in the FTA Section 5307 and 5339 Program.
4. The City Manager, on behalf of the City, is authorized to submit an application for FTA Section 5307 and
5339 funding for Purchase of Two Replacement 35-foot Buses, Purchase of One Replacement Paratransit
Cutaway Van, Transit Yard & Facility Improvements, and Paratransit Operations, in the expected amount of
$1,284,272 (“the projects”) and accept said grant, subject to increase or decrease of the total funded amount
in the FTA/MTC process.
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5. There is no legal impediment to the City of Petaluma making applications for FTA Section 5307 or Section
5339.
6. There is no pending or threatened litigation that might in any way adversely affect the proposed project or
the ability of the City to deliver such Project.
7. The City Manager, on behalf of the City, is authorized to execute and file an application for funding under
FTA Section 5307 and 5339 of the FAST Act in the determined amount for communications equipment
procurement and preventative maintenance.
8. The Petaluma City Council, by adopting this resolution, does hereby state that:
a. The City of Petaluma will provide a local match of at least 41% for FTA Section 5307 and 5339 funds.
b. The City of Petaluma understands that the FTA Section 5307 and 5339 funding for the project is fixed at
the amount determined by the MTC and that any cost increases must be funded by the City of Petaluma
from local matching funds, and that the City of Petaluma does not expect any cost increases to be funded
with FTA Section 5307 or 5339 funds.
c. The Purchase of Two Replacement 35-foot Buses, Purchase of One Replacement Paratransit Cutaway
Van, Transit Yard & Facility Improvements, and Paratransit Operations will be completed as described
in this resolution and, if approved, for the amount shown in the MTC TIP, with obligation occurring
within the timeframe established below.
d. The capital improvement project budgets will be adjusted accordingly for Transit Yard & Facility
Improvements
e. The program funds are expected to be obligated within three years of the Project being programmed for
in the TIP.
9. A copy of this resolution will be transmitted to the MTC prior to MTC programming the FTA Section 5307
and 5339 funded projects in the TIP.
10. The MTC is requested to approve the application for the project described in the resolution and to program
the project, if approved, in MTC's TIP.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 3rd day of May 2021,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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