HomeMy WebLinkAboutResolution 2022-185 N.C.S. 12/05/2022 DocuSign Envelope ID:7992BC1 1-F28B-451 B-AF2F-68DD2EOC9EC5
Resolution No. 2022-185 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE UPDATED WATER RECYCLING FUNDING PROGRAM GRANT
APPLICATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT FOR INTEGRATED WATER MASTER PLAN
AND RECYCLED WATER FACILITIES PLANNING STUDIES AND TO EXECUTE FINANCIAL
ASSISTANCE APPLICATIONS AND GRANT AGREEMENTS WITH THE CALIFORNIA STATE
RESOURCES CONTROL BOARD'S WATER RECYCLING FUNDING PROGRAM,AND FINDING
THIS ACTION IS EXEMPT IN ACCORDANCE WITH CEQA GUIDELINES SECTION 15262
WHEREAS, the City of Petaluma is a California municipal corporation and charter city authorized to
provide water services within certain boundaries in accordance with Government Code Section 38730 et seq.,
Title 15 of the Petaluma Municipal Code, and other applicable law; and
WHEREAS, the City's primary source of water supply is Sonoma Water, which delivers imported water
from the Russian River and groundwater wells in the Santa Rosa Plain to the City of Petaluma pursuant to the
Restructured Agreement; and
WHEREAS, the historic dry conditions have resulted in severely low storage levels in both Sonoma
Water's water storage reservoirs, Lake Mendocino, and Lake Sonoma, requiring the State Water Resources
Control Board(SWRCB) to adopt an emergency regulation authorizing the Division of Water Rights to issue
curtailment notices to protect water storage levels and instream flows in the Russian River; and
WHEREAS, the required SWRCB curtailments have resulted in Sonoma Water and its contractors reducing
total diversion from the Russian River by 20% for two consecutive years; and
WHEREAS, the City of Petaluma has the authority and pursuant to the Restructured Agreement is
obligated to adopt water demand reduction measures within its area of service during water supply shortages in
accordance with water supply reductions imposed by Sonoma Water; and
WHEREAS, on June 21, 2021, the City Council adopted Resolution No. 2021-103 N.C.S. Implementing
the City's 2020 Water Shortage Contingency Plan; and
WHEREAS, the California State Water Resources Control Board offers financial assistance in the form of
grant funding through its Water Recycling Funding Program (WRFP) for water recycling planning; and
WHEREAS, at the January 24, 2022, Council meeting, the Council adopted Resolution No. 2022-009
N.C.S. authorizing the City's participation in the SWRCB's WRFP for the City's Recycled Water Master Plan;
and
WHEREAS,pursuant to the adopted resolution, staff submitted a planning grant application for a Recycled
Water Master Plan in February 2022; and
WHEREAS, since that time, the City has updated its approach to recycled water program planning to that
of a One Water approach and intends to develop an Integrated Water Master Plan,which will include two grant-
eligible feasibility planning studies evaluating alternatives for 1) non-potable and potable recycled water and 2)
recycled water storage; and
Resolution No. 2022-185 N.C.S. Page 1
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WHEREAS, the SWRCB has increased the maximum WRFP grant award from$150,000 with a 50% local
match to a maximum award of$500,000, increasing the City's opportunity to recoup planning costs with
outside funding; and
WHEREAS, in November 2022, the City submitted two recycled water facilities study plans to update and
replace the original application for a Recycled Water Master Plan; and
WHEREAS, the updated study plans are for Non-Potable and Potable Reuse (project cost $264,517) and
Recycled Water Storage (project cost$188,106),both of which are eligible for up to 50% grant funding; and
WHEREAS,the City entered into a Professional Services Agreement (PSA)with Kennedy Jenks in
November 2022 for the amount of$159,665 to begin foundational master planning work and develop
preliminary high-level project descriptions and costs associated with water supply projects while awaiting news
of grant award for the recycled water facilities planning studies; and
WHEREAS, upon the City Council's approval of this resolution, the City will amend the existing PSA with
Kennedy Jenks to include the full scope of work required to complete the intended IWMP in its entirety,
including the two recycled water facilities planning studies, and considering potential grant funding; and
WHEREAS, the amended grant application to develop two recycled water facilities study plans as part of
an Integrated Water Master Plan is exempt in accordance with CEQA Guidelines Section 15262 as the project
involves feasibility studies for potential future actions and 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 any future actions that result from the
recycled water facilities study plans and Integrated Water Master Plan will require their own CEQA analyses.
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 the grant application to develop two recycled water facilities study plans as part of a
comprehensive Integrated Water Master Plan is exempt in accordance with CEQA Guidelines Section
15262 as the project involves feasibility studies for potential future actions and 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. The
County's decision to apply for state funding for potential jail expansion was not project approval). Any
future actions that result from the feasibility studies and Integrated Water Master Plan will require their own
CEQA analyses.
3. That pursuant and subject to all the terms and provisions of the Budget Act of 2021 (Stats. 2021, Ch. 240, §
80), the City of Petaluma's City Manager, or designee, is hereby authorized and directed to sign and file, for
and on behalf of the City of Petaluma, a Financial Assistance Application for a grant agreement from the
California State Water Resources Control Board's Water Recycling Funding Program for the two recycled
water facility study plans in the amount of approximately$226,593.
4. The City of Petaluma's City Manager or designee is hereby designated to provide the assurances,
certifications, and commitments required for the financial assistance application, including executing a
financial assistance agreement with the State Water Resources Control Board and any amendments or
changes thereto.
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5. The City of Petaluma's City Manager or designee is hereby designated to represent the City of Petaluma in
carrying out the City's responsibilities under the grant agreement, including certifying disbursement
requests on behalf of the City and compliance with applicable state and federal laws.
6. If a grant award is made by the California State Water Resources Control Board, the City of Petaluma
commits to provide the match in the amount of approximately$227,000 in funding from the City's
wastewater enterprise fund for the Integrated Water Master Plan plus any remaining balance.
7. The City of Petaluma's City Manager or designee is hereby authorized to execute Amendment No. 1 to the
professional services agreement for the Integrated Water Master Plan and recycled water facilities planning
studies.
8. 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 5'day of December FDOCUSIgned bifiOrm:
2022,by the following vote:
City Attorney
AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,Healy,McDonnell,King
NOES: None
ABSENT: None
ABSTAIN: None
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