HomeMy WebLinkAboutRESOLUTION 2025-106 N.C.S. 07/21/2025Resolution No. 2025-106 N.C.S. Page 1
Resolution No. 2025-106 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE
FUNDING AGREEMENT NO. G70401E1 BETWEEN THE SONOMA COUNTY TRANSPORTATION
AND CLIMATE AUTHORITIES AND THE CITY OF PETALUMA FOR THE LYNCH CREEK
TRAIL IMPROVEMENTS PROJECT
WHEREAS, the Sonoma County Transportation and Climate Authorities (SCTCA) Board of Directors
adopted a Strategic Implementation Plan that sets forth its program and implementation policies with regard to
the use of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance (Go Sonoma) approved
by the voters of Sonoma County on November 3, 2020; and
WHEREAS, pursuant to Go Sonoma and the Strategic Implementation Plan, the SCTCA and the City of
Petaluma would like to enter into a Cooperative Funding Agreement to define the framework to enable the two
parties to work cooperatively in developing transportation improvements that will better separate bikes from cars
and make it easier to bike and walk (hereinafter referred to as “Build Bikeways and Pathways” or “BBP”); and
WHERAS, consistent with BBP, the City desires to complete Lynch Creek Trail Improvements; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (“CEQA”) in accordance with CEQA Guidelines Section 15378(b)(2), in that entering into cooperative
agreements does not meet CEQA’s definition of a “project,” because the action or 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 this action constitutes administrative activities of governments that will not result
in direct or indirect physical changes in the environment.
The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
the following categorical exemptions under the CEQA Guidelines (Title 14, Cal. Code Regs.):
•Section 15301 (Class 1 – Existing Facilities), as the project involves minor alterations and improvements
to existing public trail facilities with negligible expansion of use;
•Section 15302 (Class 2 – Replacement or Reconstruction), as the replacement of the existing asphalt trail
with concrete is on the same site and for the same purpose and capacity;
•Section 15303 (Class 3 – New Construction of Small Structures), as the lighting infrastructure involves
limited small utility installations;
•Section 15304 (Class 4 – Minor Alterations to Land), as the new concrete trail construction occurs on
previously disturbed or graded land and involves minor grading only; and
•Section 15311 (Class 11 – Accessory Structures), as the proposed lighting constitutes minor structures
appurtenant to the trail.
The project does not trigger any exceptions under CEQA Guidelines Section 15300.2, as it will not result in
cumulative impacts, is not located on a particularly sensitive environment, and will not have significant
environmental effects due to unusual circumstances Staff is preparing a Notice of Exemption that will be filed
prior to the start of construction.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
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Resolution No. 2025-106 N.C.S. Page 2
1. That the above recitals are true and correct and are incorporated into this Resolution as findings.
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(b)(2), in that entering into
cooperative agreements does not meet CEQA’s definition of a “project,” because the action or 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 this action constitutes administrative
activities of governments that will not result in direct or indirect physical changes in the environment.
The project is exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to the following categorical exemptions under the CEQA Guidelines (Title 14, Cal. Code Regs.):
• Section 15301 (Class 1 – Existing Facilities), as the project involves minor alterations and improvements
to existing public trail facilities with negligible expansion of use;
• Section 15302 (Class 2 – Replacement or Reconstruction), as the replacement of the existing asphalt trail
with concrete is on the same site and for the same purpose and capacity;
• Section 15303 (Class 3 – New Construction of Small Structures), as the lighting infrastructure involves
limited small utility installations;
• Section 15304 (Class 4 – Minor Alterations to Land), as the new concrete trail construction occurs on
previously disturbed or graded land and involves minor grading only; and
• Section 15311 (Class 11 – Accessory Structures), as the proposed lighting constitutes minor structures
appurtenant to the trail.
The project does not trigger any exceptions under CEQA Guidelines Section 15300.2, as it will not result
in cumulative impacts, is not located on a particularly sensitive environment, and will not have significant
environmental effects due to unusual circumstances Staff is preparing a Notice of Exemption that will be
filed prior to the start of construction.
3. Authorizes the City Manager or her designee to execute Cooperative Funding Agreement No. G70401E1,
attached hereto as Exhibit A, and all subsequent documentation between the Sonoma County
Transportation and Climate Authorities (SCTCA) and the City of Petaluma.
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 21st day of July 2025,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
Page 1 of 14
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement is made and entered into as of __________________________,
202X (“Effective Date”) by and between the CITY OF PETALUMA hereinafter referred to as
“CITY ” and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to
as “AUTHORITY .”
RECITALS
1.A UTHORITY adopted that certain 2024 Strategic Implementation Plan that sets
forth AUTHORITY ’s program and project implementation policies with regard to the use
of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance
approved by the voters of Sonoma County on November 3, 2020 (hereinafter referred to
as “Go Sonoma”). The 2024 Strategic Implementation Plan may be amended from time
to time is hereinafter referred to as the “Go Sonoma SIP”.
2. Pursuant to the Strategic Implementation Plan and Go Sonoma, AUTHORITY
and CITY desire to enter into a Cooperative Funding Agreement to define a framework to
enable the two parties to work cooperatively in developing transportation improvements
that will better separate bikes from cars and make it easier to bike and walk (hereinafter
re ferred to as “Build Bikeways and Pathways” or “BBP”.
3.Consistent with the Build Bikeways and Pathways (BBP), CITY desires to
complete Lynch Creek Trail Improvements, as more particularly described in Exhibit A to
this Agreement (hereinafter referred to as the “Project”).
4. Pursuant to Go Sonoma BBP funds require a minimum 15% funding match.
5.CITY has submitted a financial plan and schedule for completion of the Project
which is attached hereto as Exhibit B (hereinafter referred to as the “Financial Plan and
Schedule”).
6.Pursuant to the Strategic Implementation Plan , AUTHORITY is committed to
make available up to $1,620,000 of Go Sonoma BBP funds to assist with the Project.
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and
COUNTY /CITY do hereby agree as follows:
Attachment ADocusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D
Cooperative Funding Agreement No. G70401E1
City of Petaluma
Page 2 of 14
SECTION I
CITY AGREES:
1.CITY Contribution. To provide a minimum 15% of matching funds towards the
Project (as further described in Exhibit B).
2. Project Completion. To timely complete the Project (as further described in
Exhibit B).
3. Invoices. Should CITY desire reimbursement of its expenses in connection with
this Agreement, CITY shall do so by requesting a specific appropriation of Go Sonoma
funding by submitting to AUTHORITY a Request for Funding Appropriation in the form
attached hereto as Exhibit C (hereinafter referred to as “Appropriation Request”). Once
an Appropriation Request is approved by AUTHORITY , CITY may submit to AUTHORITY
invoices for reimbursements for expenses authorized under the terms of this Agreement
and an approved Appropriation Request. Invoices shall be submitted to AUTHORITY no
more frequently than monthly, and no less frequently than every six months following
initial appropriation, provided however that if CITY is unable to invoice in this time frame
a written request for time extension shall be provided or the funds may be deobligated.
Invoices shall be in a form reasonably acceptable to AUTHORITY’s Executive Director. An
example of which is attached hereto as Exhibit D.
4. Compliance with Laws. With regard to administering and completing the
Project, CITY shall at all times comply with all applicable laws of the United States, the
State of California, the County, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in force and
as they may be enacted, issued, or amended during the term of this Agreement.
5. Records . To allow AUTHORITY to audit all expenditures relating to the Project
funded through this Agreement. For the duration of the Project, and for five (5) years
following completion of the Project, or earlier discharge of the Agreement, CITY shall
make available to AUTHORITY all records relating to expenses incurred in performance of
this Agreement.
6. Reporting Requirements. To provide quarterly status and annual financial
updates on the active PROJECT appropriations to AUTHORITY in the forms attached
hereto as Exhibit E.
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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SECTION II
AUTHORITY AGREES:
1. Reimbursement of CITY Expenses. Consistent with the Go Sonoma SIP, to make
available up to $1,620,000 of Go Sonoma BBP funds to assist with the Project.
AUTHORITY shall process CITY invoices within forty -five (45) days of receiving an invoice
in a form reasonably acceptable to AUTHORITY’s Executive Director.
2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Funding Availability and Needs. The funding available to the Project for
expenditure is limited by the funds identified in Exhibit B and to approved appropriations
by the SCTA Board. If funds beyond those identified in Exhibit B are necessary to
complete the Project, AUTHORITY will cooperate with CITY to identify and secure new or
increased fund commitments; however, completion of the Project remains the
responsibility of CITY .
2. Term. This Agreement will remain in effect until discharged as provided in
Paragraph 3 or 13 of this Section III.
3. Discharge . This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for breach of any obligation,
covenant or condition hereof by the other party, upon notice to the breaching party.
With respect to any breach which is reasonably capable of being cured, the breaching
party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the
breaching party diligently pursues cure, such party shall be allowed a reasonable time to
cure, not to exceed sixty (60) days from the date of the initial notice, unless a further
extension is granted by the non-breaching party. On cancellation, the non-breaching
party retains the same rights as a party exercising its right to terminate under the
provisions of paragraph 3(b), except that the canceling party also retains any remedy for
breach of the whole contract or any unperformed balance. If the Agreement is cancelled
by AUTHORITY because CITY has failed to wholly or partially complete the Project,
AUTHORITY may, at its option, demand repayment of all unexpended funds and funds
determined by audit not to have been expended as provided for in this Agreement, with
interest accrued thereon as would have accrued had such funds been invested in the
Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from
any other Go Sonoma funds due CITY .
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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b. By mutual consent of both parties, this Agreement may be terminated at any
time. Upon termination by mutual consent, CITY shall repay to AUTHORITY any
unexpended funds originally provided to CITY under this Agreement, and any interest
that has accrued thereon.
4. Indemnity. Each party shall indemnify, defend, protect, hold harmless, and release the
other, its officers, agents, and employees, from and against any and all claims, loss,
proceedings, damages, causes of action, liability, costs, or expense (including attorneys’
fees and witness costs) arising from or in connection with, or caused by any act, omission,
or negligence of such indemnifying party or its agents, employees, contractors,
subcontractors, or invitees. This indemnification obligation shall not be limited in any way
by any limitation on the amount or type of damages or compensation payable to or for
the indemnifying party under workers’ compensation acts, disability benefit acts, or other
employee benefit acts.
5. Notices . Any notice which may be required under this Agreement shall be in
writing, shall be effective when received, and shall be given by personal service, or by
certified or registered mail, return receipt requested, to the addresses set forth below, or
to such addresses which may be specified in writing to the parties hereto.
To CITY Paul Kaushal, Public Works Director
City of Petaluma
1318 Redwood Way
Petaluma, CA 94954
(707) 778-4401
Email: pkaushal@cityofpetaluma.org
To AUTHORITY James R. Cameron, Executive Director
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95405
(707) 565-5373
Email: james.cameron@scta.ca.gov
6. Additional Acts and Documents. Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent and
purpose of the Agreement.
7. Integration. This Agreement represents the entire agreement of the parties
with respect to the subject matter hereof. No representations, warranties, inducements
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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or oral agreements have been made by any of the parties except as expressly set forth
herein, or in other contemporaneous written agreements.
8. Amendment. This Agreement may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this
Agreement shall be void and of no effect.
9. Independent Agency. CITY renders its services under this Agreement as an
independent agency. None of the CITY ’s agents or employees shall be agents or
employees of the AUTHORITY .
10. Assignment. The Agreement may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
11. Successors . This Agreement shall be binding upon the successor(s), assignee(s)
or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement
other than as provided above.
12. Severability . Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the AUTHORITY of either party to enter into or carry
out, such determination shall not affect the validity of the remainder of this Agreement
which shall continue in full force and effect; provided that, the remainder of this
Agreement can, absent the excised portion, be reasonably interpreted to give effect to
the intentions of the parties.
13. Limitation . All obligations of AUTHORITY under the terms of this Agreement
are expressly subject to AUTHORITY ’s continued authorization to collect and expend the
sales tax proceeds provided by Go Sonoma. If for any reason AUTHORITY ’s right to collect
or expend such sales tax proceeds is terminated or suspended in whole or part,
AUTHORITY shall promptly notify CITY , and the parties shall consult on a course of action.
If, after twenty-five (25) working days, a course of action is not agreed upon by the
parties, this Agreement shall be deemed terminated by mutual or joint consent; provided,
that any future obligation to fund from the date of the notice shall be expressly limited by
and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the
purposes of the Agreement; and (ii) the availability, taking into consideration all the
obligations of AUTHORITY under all outstanding contracts, agreements to other
obligations of AUTHORITY , of funds for such purposes.
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date.
CITY OF PETALUMA SONOMA COUNTY
TRANSPORTATION AUTHORITY
By: ___________________________ By: ____________________________
Peggy Flynn, City Manager Lynda Hopkins, Chair of the Board
ATTEST: APPROVED AS TO SUBSTANCE:
By: ____________________________ By: ____________________________
Caitlin Corely, City Clerk James R. Cameron, Executive Director
APPROVED AS TO LEGAL FORM
FOR CITY :
By: ____________________________ By: ____________________________
Eric Danly, City Attorney Adam Brand, County Counsel
Authority
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit A
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT A
DESCRIPTION OF THE PROJECT
Lynch Creek Trail is Petaluma’s primary east -west “crosstown connector” for people walking,
bicycling, and rolling. The 2.5 -mile trail runs from Downtown Petaluma to the City’s eastern
edge at Prince Park . This project will pave the final unpaved section of trail and repave the only
section in a poor state of repair in order to provide a safe and accessible trail experience for
people of all ages and physical abilities.
The project involves the following:
1. Installation of a 10’ wide concrete multi-use trail on an existing unpaved section of trail
between Edith Street and Payran Street, including an upgraded, ADA-compliant ramp
connecting to a trail access point at Payran Street.
2. Replacement of an existing asphalt multi-use trail with a 10’ wide concrete multi-use
trail between the Lynch Creek footbridge at its confluence with Petaluma River and North
McDowell Boulevard (excluding an existing concrete section of trail under US-101).
3. Installation of multi-use trail lighting (including the associated infrastructure, such as
underground electrical conduit, wiring, foundations, and poles) along both stretches
described above. Pending funding availability, additional lighting infrastructure may be
installed along unlit sections of trail between North Water Street and North McDowell
Boulevard.
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
Page 8 of 14
Exhibit B
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT B
FINANCIAL PLAN AND SCHEDULE
Financial Plan
Fund Source Amount
Go Sonoma-(BBP) $1,620,000
Matching Funds $107,000
Total $1,727,000
Schedule
Project
Development Phase
Begin
(MO/YR)
End
(MO/YR)
Scoping 12/1/21 1/31/23
Environmental
(PAED)
1/1/23 7/31/25
Design (PSE) 12/31/23 7/31/25
Right of Way (R/W) 12/1/23 7/31/25
Construction (CON) 9/1/25 10/31/26
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
Page 9 of 14
Exhibit C
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT C
REQUEST FOR FUNDING APPROPRIATION
APPROPRIATION REQUEST SHOULD BE SUBMITTED ON CITY (OR COUNTY) LETTERHEAD
Date
SCTA Chair
Sonoma County Transportation Authority
411 King St
Santa Rosa, CA 95404
FUNDING APPROPRIATION REQUEST
PROJECT NAME____________________________________________________
AGREEMENT NO. _________________________
Dear SCTA Chair:
The City of (name of City or County of Sonoma) hereby requests that the Sonoma County Transportation
Authority (SCTA) take action to appropriate funds at its next Board meeting for the (name of project).
The City (or County) has entered into a cooperative funding agreement with the SCTA (Cooperative
Agreement No. (number of agreement)) and is ready to begin work on the (name of development phase)
phase of the project. Below is the specific appropriation request information.
Project Name & Description: Fill in Project Name & Description
Project Category: Fill in Move Traffic and Improve Safety or Build
Bikeways and Pathways Project.
Phase Development Phase of this Appropriation: Fill in Development Phase (Scoping,
Environmental, Right of Way Capital, Right of Way
Support, PS&E, Construction Capital, or
Construction Management). Note: Only one phase
per request.
Amount of Go Sonoma Appropriate Request: Fill in amount of appropriation request.
Amount of Local Funding Match: Fill in $ Local Match for this request
Sources of Local Funding Match: Fill in amount and source(s) of matching funds.
Total Project Cost: Fill in total cost of project, including all fund
sources and phases.
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit C
The current schedule for the (name of project) is as follows:
Project Development Phase Begin Complete
Scoping date date
Environmental date date
Right of Way date date
PS&E date date
Construction date date
Thank you for your consideration.
Sincerely,
NAME
Title
cc:
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit D
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT D
INVOICE EXAMPLE
[Local Agency Letterhead]
Move Traffic & Improve Safety/Build Bikeways and Pathways Project
Go Sonoma Invoice Summary
REQUIRED FIELDS: [Formatting is left to local agency]
Project Sponsor:
Date of Request:
Period of Request:
Cooperative Agreement Number:
Project Name/Phase/Description:
Invoice Number:
Project Development Phase:
Description of work performed this period:
Go Sonoma
Amount Appropriated $
Amount Previously Invoiced $
Current Invoice $
Invoiced to -date $
Attachments:
• Summary of All Expenses
1. Staff Time: Summary of Hours worked, and total dollars by employee
2. Contracts: Summary of Invoices Paid
3. Miscellaneous Expenses: Summary of Invoices
Docusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D
Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit E
COOPERATIVE FUNDING AGREEMENT NO. G70401E1
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT E
PROJECT REPORTING LETTER
Please refer to the Reporting Instructions and Submittal Requirements before
sending your completed Annual Reporting Letter to the SCTA. The Annual
Reporting Letter is due to the SCTA by September 15.
Date
Sonoma County Transportation Authority
411 King Street
Santa Rosa, CA 95404
[Name of Project] - Annual Reporting Letter – FY _______
Dear SCTA Chair:
The City of/Town of / County of ___________ is pleased to present information related
to Go Sonoma funding for the following project for FY __________ Reported:
Work was performed on the following project using Go Sonoma funds including:
Project Name:
Project Phase/Development Phase:
B. $ -
C. $ -
D. $ -
E. $ -
F. $ -
G. $ -
H. $ -
I. $ -
Reimbursements Received in FY 00/00
Amount of Matching Funds Provided
Total Go Sonoma Reimbursements Received in Prior Years
Total Go Sonoma Funding Reimbursed to Date
Total Appropriation Remaining Balance to Rollover to FY 00/00
Amount Appropriated in FY 00/00
A.
Amount Appropriated in Previous Fiscal Years
Total Amount of Unexpended Appropriations from Prior FY
J. Describe work completed this fiscal year.
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit E
K. How were bike/pedestrian needs considered?
Overall Status of Project by Phase % Complete Est. Completion Date
Scoping
Environmental
Design
Right of Way
Construction & Construction Management
L.
M. Overall Project Funding
Phase Total Go Sonoma
MTIS/BBP
Other Need
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
Totals $
-
$ - $ - $ -
(Insert additional table if necessary to provide each alternative fund source per project
phase)
Report on Public Information Requirements:
N. Describe where you displayed the Go Sonoma logo, such as on signs at the
construction site or on vehicles? Please enclose pictures.
O. Provide digital pictures of projects before, during and after construction.
P. Did you identify Go Sonoma on your web site or in press releases? Please provide
link.
Q. Identify project benefits and discuss how Go Sonoma funds assisted in project
delivery.
To meet our reporting requirements, we are submitting an signed copy on our
letterhead to the SCTA.
We have also attached electronic photographs in jpeg file format.
If you have any questions regarding this project information, please contact:
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Cooperative Funding Agreement No. G70401E1
City of Petaluma
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Exhibit E
Name:
Phone:
Email:
Sincerely,
SIGNATURE REQUIRED
Name
Title (City Manager, Public Works Director, or District Director)
Docusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D