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HomeMy WebLinkAboutResolution 2022-071 N.C.S. 05/02/2022 Resolution No. 2022-071 N.C.S. Page 1 Resolution No. 2022-071 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT/STATE TRANSIT ASSISTANCE FUNDS FOR CITY OF PETALUMA TRANSIT SERVICES FOR FY 22/23 WHEREAS, the Transportation Development Act (TDA) (California Public Utilities Code §99200 et seq.), provides for the disbursement of funds from the Local Transportation Fund (LTF) of the County of Sonoma for use by eligible applicants for the purpose of fixed route and paratransit service; and WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations hereunder (21 Cal. Code of Regs. §6600 et. seq.), a prospective applicant wishing to receive an allocation from the LTF shall file its claim with the Metropolitan Transportation Commission; and WHEREAS, the State Transit Assistance (STA) Fund is created pursuant to Public Utilities Code, Section 99310 et seq.; and WHEREAS, TDA funds from the LTF for Sonoma County and STA funds will be required by the City of Petaluma in Fiscal Year 22/23 for fixed route and paratransit service; and WHEREAS, the City of Petaluma is an eligible applicant for TDA and/or STA funds, pursuant to Public Utilities Sections 99260, 99260(a), and 99400, as attested by the opinion of counsel Exhibit A, attached; and WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that applying for a grant 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, and because the action does not commit the City to a definite course of action (See City of Irvine v. County of Orange (2013) 221 Cal 4th 846, 865 County’s decision to apply for state funding for potential jail expansion was not project approval). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. The above recitals are declared to be true and correct and are hereby made findings of the City Council. 2. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that applying for a grant 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, and because the action does not commit the City to a definite course of action (See City of Irvine v. County of Orange (2013) 221 Cal 4th 846, 865 County’s decision to apply for state funding for potential jail expansion was not project approval). The contemplated use of the funds will require its own analysis for CEQA compliance. But likely consists of the operation, maintenance, and/or minor DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C Resolution No. 2022-071 N.C.S. Page 2 alteration of existing public facilities, including facilities of publicly-owned utilities used to provide public transit services, and involves negligible or no expansion of use beyond that currently existing as of the time of the Council consideration and, accordingly, this project is exempt from the requirements of CEQA in accordance with section 15301, subdivision (b) of the CEQA Guidelines. 3. The City Manager is authorized to execute and file appropriate TDA/STA applications, together with all necessary supporting documents, with the Metropolitan Transportation Commission for an allocation of TDA and STA funds in FY 22/23. 4. Staff is directed to transmit a copy of this signed Resolution to the Metropolitan Transportation Commission, including the Opinion of Counsel attached to and made a part of this Resolution as Exhibit A in conjunction with the filing of the claim; and the Metropolitan Transportation Commission is requested to grant the allocation of funds as specified in the claim. 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 2nd day of May 2022, 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 DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C Resolution No. 2022-072 N.C.S. Page 1 Resolution No. 2022-072 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) AND THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE FOLLOWING PROJECT: PURCHASE ONE REPLACEMENT ZERO-EMISSION BUS WHEREAS, the City of Petaluma is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Petaluma has previously delegated authority to execute these documents and any amendments thereto to Peggy Flynn, City Manager, or her designee; and WHERAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that applying for a grant 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, and because the action does not commit the City to a definite course of action (See City of Irvine v. County of Orange (2013) 221 Cal 4th 846, 865 County’s decision to apply for state funding for potential jail expansion was not project approval); and WHEREAS, any future action due to the use of the grant funds will receive its own analysis under CEQA, however, purchasing a zero-emission bus to replace an existing diesel bus, with no increase in service will likely be exempt pursuant to CEQA Guidelines Section 15061, the commonsense exemption. WHEREAS, the City of Petaluma wishes to implement the following LCTOP project(s) listed above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares the above recitals to be true and correct and are incorporated herein as findings of this Resolution. 2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that applying for a grant 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, and because the action does not commit the City to a definite course of action (See City of Irvine v. County of Orange (2013) 221 Cal 4th 846, 865 County’s decision to apply for state funding for potential jail expansion was not project approval). Any future action due to the use of the grant funds will receive its own analysis under CEQA. However, purchasing a zero-emission bus to replace an existing DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C Resolution No. 2022-072 N.C.S. Page 2 diesel bus, with no increase in service will likely be exempt pursuant to CEQA Guidelines Section 15061, the common-sense exemption. 3. That the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations, and guidelines for all LCTOP funded transit projects. 4. That it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY 2021/22 LCTOP funds: Project Name: Purchase One Zero-Emission Replacement Bus Amount of LCTOP funds requested: $174,166 Short description of the project: This project will replace a diesel bus, which will have reached the end of its useful life, with a zero-emission bus in FY 23/24. Benefit to a Priority Populations: N/A Contributing Sponsors (if applicable): Metropolitan Transportation Commission 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 2nd day of May 2022, 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 DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C Resolution No. 2022-073 N.C.S. Page 1 Resolution No. 2022-073 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION FY20/21 SECTION 5307 CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS (CRRSA) ACT AND AMERICAN RESCUE PLAN (ARP) ACT OF 2021 FUNDING AND STATING ASSURANCE TO COMPLETE THE PROJECTS WHEREAS, the City of Petaluma (City) seeks to reduce vehicle miles traveled, 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 2020-21 FTA Section 5307 Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act and American Rescue Plan (ARP) Act of 2021 to support Transit Operations affected by the COVID-10 pandemic; and WHEREAS, MTC requires a resolution with certain assurances as part of its applications; and WHEREAS, approving this Resolution accepting grant funds is exempt under the “common sense” exception pursuant to the California Environmental Quality Act (CEQA) CEQA Guidelines Section 15061(b)(3), which establishes the general rule for projects concerning which can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as it can be seen with certainty that this Resolution will not have a significant negative effect on the environment, as accepting these grant funds will allow the City to continue its existing level of service which prevents single-occupant vehicle trips and greenhouse gas; and WHEREAS, any use of the funds for capital improvement or purchasing replacement electric vehicles will have its future analysis under CEQA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma hereby: 1. Declares the above recitals to be true and accurate are incorporated as findings of this Resolution. DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C Resolution No. 2022-073 N.C.S. Page 2 2. Finds that Approving this Resolution accepting grant funds is exempt under the “common sense” exception pursuant to the California Environmental Quality Act (CEQA) CEQA Guidelines Section 15061(b)(3), which establishes the general rule for projects concerning which can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as it can be seen with certainty that this Resolution will not have a significant negative effect on the environment, as accepting these grant funds will allow the City to continue its existing level of service which prevents single-occupant vehicle trips and greenhouse gas. Moreover, any use of the funds for capital improvement or purchasing replacement electric vehicles will have its own analysis under CEQA. 3. Finds that the City is an eligible sponsor of projects in the FTA Section 5307 Program. 4. The City Manager, on behalf of the City, is authorized to submit an application for FTA Section 5307 for Transit Operations and accept said grant, subject to an increase or decrease of the total funded amount in the FTA/MTC process. 5. There is no legal impediment to the City of Petaluma making applications for FTA Section 5307. 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 of the CARES Act in the determined amount for operational assistance and COVID- 19 related expenses. 8. The Petaluma City Council, by adopting this resolution, does hereby state that the City of Petaluma understands that the FTA Section 5307 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 funds. 9. A copy of this resolution will be transmitted to the MTC prior to MTC programming the FTA Section 5307 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 2nd day of May 2022, 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 DocuSign Envelope ID: 6820AB42-6B47-4824-ACDE-66626A37ED2C