HomeMy WebLinkAboutResolution 2022-072 N.C.S. 05/02/2022 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: 02658340-F5F2-4010-82AC-7B879285512F
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
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