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HomeMy WebLinkAboutResolution 2022-037 N.C.S. 03/21/2022 DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE Resolution No . 2022-037 N. C . S . of the City of Petaluma, California RESOLUTION AUTHORIZING THE SUBMITTAL OF A FINANCIAL ASSISTANCE APPLICATION TO THE BUREAU OF RECLAMATION FOR THE DESIGN AND CONSTRUCTION OF THE EXPANSION OF THE RECYCLED WATER TERTIARY TREATMENT SYSTEM, MARIA PIPELINE EXTENSION, AND THE ADOBE ROAD PIPELINE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY APPLICATION DOCUMENTS, AND AUTHORIZING THE MAYOR TO VOTE TO SUPPORT THE INCLUSION OF THE PROJECT IN THE NORTH BAY WATER REUSE AUTHORITY GRANT APPLICATION WHEREAS, the City of Petaluma desires to expand its recycled water- system to serve additional urban properties to offset potable water use; and WHEREAS, the City of Petaluma desires to expand tertiary treatment capacity to reduce wastewater discharges and provide additional recycled water for urban and agricultural uses; and WHEREAS, the expansion of the recycled water treatment and distribution system project (the Project) includes the expansion of the tertiary treatment facilities at the Ellis CreekWater Recycling Facility and the extension of the urban and agricultural distribution system for the delivery of recycled water; and WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled water as a potable water offset and to meet regulatory requirements for wastewater- discharge; and WHEREAS, the City of Petaluma is a member of the North Bay Water Reuse Authority (NBWRA) to pursue federal, state, and regional funding opportunities for recycled water projects; and WHEREAS, the Bureau of Reclamation (Reclamation) has announced the availability offunds for water- reuse and recycling projects through Title XVI under the Water Infrastructure Improvements for the Nation Act; and WHEREAS, said funding is intended to provide a more resilient and sustainablymanaged water infrastructure; and WHEREAS, said funding is available for water recycling projects, including, but not limited to, treatment, storage, conveyance, and distribution facilities for potable and non-potable recycling projects; and WHEREAS, the Project is part of the North Bay Water Reuse Program (NBWRA) Phase II Feasibility Study, and the application for funding will be submitted by NBWRA. on behalf of the City of Petaluma: and WHEREAS, various documents must be filed with the Reclamation related to the Title XVI funding associated with the Project; and WHEREAS, applying for a grant does not constitute a "project" under the California Environmental Quality Act (CEQA) pursuant to CEQA Code of Regulations Section 15352 as this is a preliminary decision DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE that does not commit the agency to a definite course of action. (e.g., City of Iiwine v. County of Ot-ange (2013) 221 Cal. App. 41h 846, County's decision to apply for state funding for potential jail expansion was not project approval); and Moreover, compliance with CEQA will occur if the City receives a grant is seeks Council approval for the project. V`1MREAS, moreover, compliance with CEQA will occur if the City receives a grant is seeks Council approval for the project but the proposed projects has already undergone environmental review and will be added to the City's Program Environmental Impact Report (PEIR), which the City Council certified the PEIR for the Water Recycling Expansion Program in 2008 (Resolution 2008-206, State Clearinghouse number 2007052146) and Petaluma Water Recycling Expansion Program- Revised Project Boundary (Resolution 2018-084 N.C.S.), received by the State Clearinghouse on May 25, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1 . The above recitals are hereby declared to be true and correct and to be findings of the City Council of the City of Petaluma. 2. Finds that applying for a grant does not constitute a "project" under the California Environmental Quality Act (CEQA) pursuant to CEQA Code of Regulations Section 15352 as this is a preliminary decision that does not commit the agency to a definite course of action. (e.g., Cite of It-vine v. County of Ot-ange (2013) 221 Cal. App. 4th 846, County's decision to apply for state funding for potential jail expansion was not project approval). Moreover, compliance with CEQA will occur- if the City receives a grant is seeks Council approval for the project. 3 . That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021 , Ch. 240, § 80), the City of Petaluma City Manager or designee is hereby authorized and directed to support NBWRA, in filing an application for funding with Reclamation and take such other actions necessary or appropriate to obtain grant funding. 4. The City of Petaluma City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding. 5 . The City of Petaluma City Mayor is hereby authorized to vote to support the inclusion of the recycled water projects in the NBWRA. grant application. 6. This resolution shall become effective immediately. 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 Approved as to Council of the City of Petaluma at a Regular meeting on the 21st day of March form: DocuSigned by: 20223 by the following vote: (� !1- � $9AF3048D... AYES: Barrett, Barnacle, Fischer, Healy, King, McDonnell, Pocekay NOES: None ABSENT: None ABSTAIN: None ATTEST: DocuSigned by: -rL sa. bayyt� Interi iCi Clerk.4 Mayor