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HomeMy WebLinkAboutResolution 2023-062 N.C.S. 05/01/2023 Resolution No. 2023-062 N.C.S. Page 1 Resolution No. 2023-062 N.C.S. of the City of Petaluma, California 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 23/24 AND FINDING THIS ITEM IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15378, 15301, AND 15061 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 thereunder (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 23/24 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), however if this was a project it will be exempt pursuant to CEQA Guidelines Section 15301 as minor changes to existing facilities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 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 alteration of existing public facilities pursuant to CEQA Guidelines Section 15301, including facilities of publicly owned utilities used to provide public transit services, and involves negligible or no expansion of use beyond that currently existing DocuSign Envelope ID: BD10BCF8-A475-4CB7-B99B-41B251F657E4 Resolution No. 2023-062 N.C.S. Page 2 as of the time of the Council consideration and, accordingly, this project is exempt from the requirements of CEQA in accordance with section 15061, 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 23/24. 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 1st day of May 2023, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor McDonnell, Barnacle, Vice Mayor Cader Thompson, Nau, Pocekay, Shribbs NOES: None ABSENT: Healy ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: BD10BCF8-A475-4CB7-B99B-41B251F657E4 Exhibit A to Resolution 5 RETURN TO: City of Petaluma Petaluma Transit 555 N. McDowell Blvd. Petaluma, CA 94954 NOTICE OF EXEMPTION TO: Sonoma County Clerk 2300 County Center Drive La Plaza, Building B, Suite 177 Santa Rosa, CA 95406 Project Title: Application for FY22-23 TDA/STA funding for Petaluma Transit (fixed route and project service) Project Applicant: The City of Petaluma Project Location: Within city limits of Petaluma, Sonoma County Project Description: Application for continued funding of the existing fixed route and paratransit bus services within the corporate limits of the City of Petaluma. The fixed route service has 30 to 75-minute headways. The Paratransit service is on demand, with 24-hour notice, to the general public and those with disabilities. No significant changes to existing routes or service are proposed. Exempt Status: Statutory Exemptions Categorical Exemptions (Article 18:Section 21080;15260) (Article 19:Section 21084;15300) [ ] Ministerial (Sec.15268) [ ] Existing Facilities (Sec.15301) [ ] Feasibility/Planning Study (Sec.15262) [ ] Replacement or Reconstruction (Sec.15302) [ ] Emergency Project (Sec.15269) [ ] Small Structures (Sec.15303) [ X ] General Rule (Sec.15061(b)(3)) [ ] Minor Alterations (Sec.15304) [ X] Other: (Sec._15378_____) [ ] Minor Subdivisions (Sec.15315) Reasons why project is exempt: The project is for funding to continue existing operation of the Petaluma bus service. No significant expansion of existing services is proposed at the time of the lead agency’s determination. Lead Agency: City of Petaluma, Public Works Department, Transit Division 555 N. McDowell Blvd., Petaluma, CA 94954 Department/Contact Person: Jared Hall, Transit Manager Phone: (707) 778-4421 Signature (Senior Planner/CEQA Compliance) Date: DocuSign Envelope ID: BD10BCF8-A475-4CB7-B99B-41B251F657E4