HomeMy WebLinkAboutResolution 2021-173 N.C.S. 10/18/2021 DocuSign Envelope ID:B98E26OC-A8CB-4A61-BA99-7C425ABBOD9E
Resolution No. 2021-173 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING JOINT APPLICATION TO
AND PARTICIPATION IN THE HOMEKEY PROGRAM
WHEREAS,the Department of Housing and Community Development("Department")has issued a Notice
of Funding Availability, dated September 9, 2021 ("NOFA"), for the Homekey Program ("Homekey" or
"Program") and the Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety
Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, City of Petaluma ("Co-Applicant") desires to jointly apply for Homekey grant funds with
Burbank Housing Management Corporation("Corporation")and therefore, Co-Applicant is joining Corporation
in the submittal of an application for Homekey funds ("Application") to the Department for review and
consideration; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing
Program(Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code)
and Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the
Department-approved STD 213, Standard Agreement("Standard Agreement"), and all other legal requirements
of the Homekey Program; 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); and
WHEREAS, further CEQA analysis will be performed once the City obtains the grant funds and determines
how to use the funds. However, Assembly Bill 83 (2020) establishes a statutory exemption from the California
Environmental Quality Act(CEQA) for activities funded by Homekey. (Health & Safety. Code, § 50675.1.2.)
NOW, THEREFORE, BE IT IS RESOLVED by the City Council of the City of Petaluma as follows:
1. The foregoing recitals are true and correct are incorporated herein by as findings of the City Council.
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 0 846, 865 (County's decision to apply for state funding for
potential jail expansion was not project approval).
Further CEQA analysis will be performed once the City obtains the grant funds and determines how to use
the funds. However, Assembly Bill 83 (2020) establishes a statutory exemption from the California
Environmental Quality Act(CEQA)for activities funded by Homekey. (Health& Safety. Code, § 50675.1.2.)
Resolution No. 2021-173 N.C.S. Page 1
DocuSign Envelope ID:B98E26OC-A8CB-4A61-BA99-7C425ABBOD9E
3. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response
to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed$24,000,000.00
(Twenty-Four Million).
4. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and
deliver a Standard Agreement in a total amount not to exceed $24,000,000.00, (Twenty-four Million), any
and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the
Department and to participate in the Homekey Program, and all amendments thereto (collectively, the
"Homekey Documents").
5. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the
Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by
reference and made a part thereof. Any and all activities, expenditures,information, and timelines represented
in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable
expenditures and activities identified in the Standard Agreement.
6. The City Manager or her designee is authorized to execute the Application and the Homekey Documents
on behalf of Co-Applicant for participation in the Homekey Program.
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 18'day of October F77
nedirm:
2021,by the following vote:
5EF85gEWXP orney
AYES: Mayor Barrett;Barnacle,Fischer;Healy,King,McDonnell,Pocekay 11 A
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by: c
ATTEST:
City Clerk Mayor
Resolution No. 2021-173 N.C.S. Page 2