HomeMy WebLinkAboutResolution 2021-195 N.C.S. 12/06/2021Resolution No. 2021-195 N.C.S. 1
Resolution No. 2021-195 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF CITY OF PETALUMA
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 Development 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.); and
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Resolution No. 2021-195 N.C.S. 2
WHEREAS, it is also likely that any future projects will be exempt pursuant to AB 2553
which states that CEQA does not apply to cities that declare a shelter crisis, like the City did on
September 13, 2021, and for actions taken by a city to lease, convey, or encumber city-owned
land or to facilitate the lease, conveyance or encumbrance of city-owned land for or to provide
financial assistance to, a homeless shelter constructed or allowed by Government Code Section
8698.4.
NOW, THEREFORE, BE IT IS RESOLVED THAT 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 4th 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.) projects will be exempt pursuant to AB
2553 which states that CEQA does not apply to cities that declare a shelter crisis, like the
City did on September 13, 2021, and for actions taken by a city to lease, convey, or
encumber city-owned land or to facilitate the lease, conveyance or encumbrance of city-
owned land for or to provide financial assistance to, a homeless shelter constructed or
allowed by Government Code Section 8698.4.
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”).
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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.
7. Resolution No. 2021-173 N.C.S. is repealed.
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 6th day
of December 2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell;
Pocekay
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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