HomeMy WebLinkAboutResolution 2022-156 N.C.S. 09/19/2022 DocuSign Envelope ID:2385320E-60DD-4FD7-BE5F-1 1 B07461 F4FF
Resolution No. 2022-156 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE SUBMITTAL OF A FINANCIAL ASSISTANCE APPLICATION TO THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGION 9 FOR THE SAN FRANCISCO BAY
WATER QUALITY IMPROVEMENT FUND FOR DESIGN AND CONSTRUCTION OF THE
CORONA CREEK RESTORATION PROJECT, THE STORM DRAIN TRASH CAPTURE DEVICE
PILOT,AND STREET TO CREEKS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY APPLICATION DOCUMENTS AND ISSUE A LETTER OF COMMITMENT FOR
MATCHING FUNDS; AND AUTHORIZING THE MAYOR TO ISSUE A COUNCIL LETTER OF
SUPPORT FOR THE FINANCIAL ASSISTANCE APPLICATION.
WHEREAS,the City is committed to restoring Corona Creek to a natural environment of clean, clear water
flow along the creek bottom shaded by a healthy tree canopy that allows normal storm flows to be contained
within the creek banks and provides a healthier habitat for birds and other wildlife to forage,nest and thrive within
the creek open space; and
WHEREAS, the City is seeking to install a pilot-scale Storm Drain Trash Capture Device to experience the
maintenance and operation procedures for the device and provide lessons learned for future installations; and
WHEREAS,the City's Streets to Creeks campaign focuses on educating the public that activities conducted
on land can impact our creek system and actions that can be taken to prevent stormwater pollution; and
WHEREAS, the Environmental Protection Agency (EPA) Region 9 recently released a Request for
Applications entitled "San Francisco Bay Water Quality Improvement Fund," with an application due date of
September 20, 2022; and
WHEREAS, said funding is available for projects aimed at protecting and restoring the San Francisco Bay,
which is fed by Corona Creek by way of the Petaluma River; and
WHEREAS, this grant can fund up to 50% of eligible project costs, including planning, design, and/or
construction,with a local cost-share of at least 50%; and
WHEREAS,the City will jointly apply with the City of Sonoma, the County of Napa, and Sonoma County's
Sonoma Water; and
WHEREAS, City staff propose that the following projects be submitted for funding: 1) Corona Creek
Restoration Project, 2) Storm Drain Trash Capture Device Pilot, and 3) Streets to Creeks Campaign; and
WHEREAS,this project helps meet State Water Resources Control Board(State Water Board)requirements
for trash control for owners/operators of municipal separate storm sewer systems; and
WHEREAS, various documents must be filed with the EPA Region 9 related to funding associated with
the project; and
Resolution No. 2022-156 N.C.S. Page 1
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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 that does not
commit the agency to a definite course of action. (e.g., City of Irvine v. County of Orange (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 and seeks the Council's approval for the
project; and
WHEREAS, CEQA and NEPA requirements will be included in the planning and design phase of the project
with the intent to mitigate any potential impacts within the design work,justifying the authorization and approval
of a Mitigated Negative Declaration. State and Federal agencies will be consulted during the planning and design
phase to ensure compliance with codes and regulations; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Declares the above recitals 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., City of Irvine v. County of Orange (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 and seeks the Council's
approval for the project.
3. CEQA and NEPA requirements will be included in the planning and design phase of the project with the intent
to mitigate any potential impacts within the design work, justifying the authorization and approval of a
Mitigated Negative Declaration. State and Federal agencies will be consulted during the planning and design
phase to ensure compliance with codes and regulations.
4. Pursuant and subject to all the terms and provisions of the Budget Act of 2021 (Stats. 2021, Ch. 240, § 80),
the City of Petaluma City Manager or designee is hereby authorized and directed to submit a Financial
Assistance Application to the U.S.EPA Region 9 for the San Francisco Bay Water Quality Improvement Fund
for the design and construction of the Corona Creek Restoration Project, the Storm Drain Trash Capture
Device Pilot, and Street to Creeks Campaign, and take such other actions necessary or appropriate to obtain
grant funding.
5. 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.
6. The City of Petaluma Mayor is hereby authorized to sign a letter of support to the funding agency.
7. The City of Petaluma City Manager is authorized to execute all necessary application documents and issue a
letter of commitment for matching funds.
8. This resolution shall become effective immediately.
Resolution No. 2022-156 N.C.S. Page 2
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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 19d'day of September o pcusignea by:
2022,by the following vote:
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ity ttofney
AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,King,McDonnell
NOES: None
ABSENT: Healy
ABSTAIN: None DocuSigned by:
DocuSigned by:
ATTEST: Ff�� ��zag4�4��
City Clerk Mayor
Resolution No. 2022-156 N.C.S. Page 3