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HomeMy WebLinkAboutResolution 2023-010 N.C.S. 01/23/2023 DocuSign Envelope ID:414FA68E-267E-44F8-AEA5-643114F61298 Resolution No. 2023-010 N.C.S. of the City of Petaluma, California AUTHORIZING THE GRANT APPLICATION,ACCEPTANCE,AND EXECUTION FOR: 1) HIGH- EFFICIENCY TOILET REPLACEMENT DIRECT INSTALL PROGRAM FOR INCOME- QUALIFIED WATER CUSTOMERS; 2) MUNICIPAL WELL PROGRAM; 3)WELL TREATMENT; 4)METERED WATER AND RECYCLED WATER FILL STATIONS; 5) LA CRESTA WATER STORAGE TANK REPLACEMENT; 6) INTEGRATED WATER MASTER PLAN; AND 7) TURF REPLACEMENT PROGRAM,AND FINDING THAT THE PROPOSED ACTION IS CEQA EXEMPT IN ACCORDANCE WITH CEQA GUIDELINES SECTION 15378 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 Sonoma County Water Agency(Sonoma Water) is a wholesale supplier of water to the City of Petaluma and other municipal water contractors pursuant to the Restructured Agreement for Water Supply ("Restructured Agreement,") executed on June 23, 2006, by and between Sonoma Water, the Cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma and Forestville, the North Marin and Valley of the Moon Water Districts and the Town of Windsor, collectively known as the Water Contractors; and WHEREAS, the City's primary source of water supply is Sonoma Water, which delivers imported water from the Russian River and from groundwater wells in the Santa Rosa Plain to the City of Petaluma pursuant to the Restructured Agreement; and WHEREAS, Lake Mendocino and Lake Sonoma, Sonoma Water's water storage reservoirs, are at unprecedented low levels due to three consecutive, critically dry years; and WHEREAS, on March 22, 2021, the State Water Resources Control Board reported that 95% of California is experiencing Moderate to Exceptional Drought and called upon all water users to prepare for drought impacts; and WHEREAS, on April 21, 2021, Governor Newsom declared a drought emergency; and WHEREAS, on April 27, 2021, the Sonoma County Board of Supervisors adopted Resolution Proclaiming a Local Emergency Due to Drought Conditions in the Sonoma County Operational Area and Requesting the Governor to Seek a Presidential Declaration; 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 continuous use of local groundwater to augment supply from Sonoma Water is reducing local groundwater supply availability over time; and Resolution No. 2022-010 N.C.S. Page 1 DocuSign Envelope ID:414FA68E-267E-44F8-AEA5-643114F61298 WHEREAS, due to ongoing drought conditions in our area, the City of Petaluma proposes to implement the following water conservation, water supply, and drought resiliency projects 1) High-Efficiency Toilet Replacement Direct Install Program for Income Qualified Water Customers; 2)Municipal Well Program; 3)Well Treatment; 4) Metered Water and Recycled Water Fill Stations; 5) La Cresta Water Storage Tank Replacement; and 6) Integrated Water Master Plan; and WHEREAS, the City of Petaluma has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS,the City of Petaluma intends to apply for grant funding from the California Department of Water Resources for the 1) High-Efficiency Toilet Replacement Direct Install Program for Income Qualified Water Customers; 2)Municipal Well Program; 3)Well Treatment; 4) Metered Water and Recycled Water Fill Stations; 5) La Cresta Water Storage Tank Replacement; and 6) Integrated Water Master Plan; 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 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 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 41" 846, 865 (County's decision to apply for state funding for potential jail expansion was not project approval). 3. That pursuant and subject to all 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 prepare and file an application for funding with the Department of Water Resources 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 execute the funding agreement with the Department of Water Resources and any amendments thereto. 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. This resolution shall become effective immediately. Resolution No. 2023-010 N.C.S. Page 2 DocuSign Envelope ID:414FA68E-267E-44F8-AEA5-643114F61298 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 231 day of January DocuSigned ibrm: 2023,by the following vote: i omey AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nau, Pocekay,Shribbs NOES: None ABSENT: None ABSTAIN: None DocuSigned by: DocuSigned by: �o ATTEST: �aasasaa29e4492... City Clerk Mayor Resolution No. 2023-010 N.C.S. Page 3