HomeMy WebLinkAboutResolution 2022-034 N.C.S. 03/21/2022DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY ADOPTING THE DULY 1, 2020 — JUNE 30, 2021 ANNUAL SUCCESSOR
AGENCY REPORT PURSUANT TO HEALTH AND SAFETY CODE §34176.1
WHEREAS, the City of Petaluma (City) established the Petaluma Community
Development Commission Successor Agency (Successor Agency) to assume all rights and
obligations, and wind down the operations of, the former Petaluma Community Development
Commission (PCDC), by Resolution No. 2012-03; and
WHEREAS, the City Council established the Successor Agency as an independent
public entity pursuant to Health and Safety Code Section 34173(g), on August 6, 2012, by
adoption of Resolution No. 2012418 N.C.S.; and
WHEREAS, the liability of the Successor Agency is limited pursuant to Health and
Safety Code Section 34173(e) and other applicable law; and
WHEREAS, the Successor Agency has completed the Annual Successor Agency Report
for the period July 1, 2020 through June 30, 2021 ("Report"), in accordance with Health and
Safety Code Section 34176.1 to address particular provisions and functions relating to former
redevelopment agencies and housing successor entities; and
WHEREAS, the Report is due to be submitted to the State Housing and Community
Development Department (HCD) as an attachment to the Housing Element Annual Progress
Report and due to the Governor's Office of Planning and Research (OPR) by April 1, 2022; and
WHEREAS, in preparing and submitting the Report, the Successor Agency intends to
comply with all applicable posting and notification requirements, including posting the Report
on the Successor Agency's website and providing a copy thereof to HCD and OPR; and
WHEREAS, the Oversight Board for the Successor Agency must review and approve
the Report prior to its submission; and
WHEREAS, the Report, a copy of which is attached to this resolution as Exhibit A, and
made part hereof, has been presented to the Successor Agency; and
WHEREAS, the Successor Agency has had an opportunity to review the contents
thereof, and the Executive Director recommends approval of the same, subject to the
contingencies and reservation of rights set forth in this Resolution; and
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DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
WHEREAS, the Successor Agency reserves the right to challenge the legality of
Assembly Bills 26 and 1484 and/or any implementing regulations, and to rescind its acceptance
of Successor Agency rights and obligations, and reserves any and all rights concerning Assembly
Bill 26 and AB 1484 pursuant to applicable law; and
WHEREAS, in approving the Report, the Successor Agency does not intend to waive,
nor shall the Successor Agency be deemed to have waived, any rights the Successor Agency may
have pursuant to or in connection with any obligation, including without limitation, the right to
modify, amend, terminate, or challenge any obligation listed in the Report; and
WHEREAS, preparation and approval of the Report is exempt from the requirements of
the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section
15378, in that preparation and approval of the Report does not meet CEQA's definition of a
"project," because the action does not have the potential for resulting either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment, and because preparation and approval of the report constitutes organizational or
administrative activities of governments that will not result in direct or indirect physical changes
in the environment; and
WHEREAS, even if preparation and approval of the Report is deemed a "project" under
CEQA, the action would be categorically exempt from environmental review per CEQA
Guidelines section 15306, which provides that information collection activities that do not result
in a serious or major disturbance to an environmental resource are exempt from the provisions of
CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma, acting in its capacity as the Petaluma Community Successor Agency, a separate legal
entity, as follows:
1. The recitals set forth above are true and correct and are incorporated into this
resolution as findings of the Successor Agency,
2. Preparation and approval of the Report is exempt from the requirements of the
California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Section 15378, in that preparation and approval of the Report 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 preparation and approval of
the Report constitutes organizational or administrative activities of governments that
will not result in direct or indirect physical changes in the environment. Even if
preparation and approval of the Report is deemed a "project" under CEQA, the action
would be categorically exempt from environmental review per CEQA Guidelines
section 15306, which provides that information collection activities that do not result
in a serious or major disturbance to an environmental resource are exempt from the
provisions of CEQA.
DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
3. The Annual Successor Agency Report for July 1, 2020 —June 30, 2021 attached
hereto as Exhibit A, which has been prepared pursuant to Health and Safety Code
section 34176 (1), is approved, subject to all reservations of rights and contingencies
set forth above.
4. The Executive Director or her designee is hereby authorized and directed to take all
actions necessary to implement this Resolution, including without limitation, by
submitting the Annual Successor Agency Report to the State Department of Housing
and Community Development as an attachment to the Housing Element Annual
Progress Report, and to the Governor's Office of Planning and Research; and by the
posting of this Resolution and the Annual Successor Agency Report on the Successor
Agency's website.
5. If any provision, sentence, clause, section, or part of this resolution is found to be
unconstitutional, illegal or invalid, such finding shall affect only such provision,
sentence, clause, section or part, and shall not affect or impair any of the remainder.
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 Approved as to
the Council of the City of Petaluma at a Regular meeting on the 21't day of form:
DncuSigned by:
March 2022, by the following vote:
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AYES:
O
NOES:
ABSENT:
ABSTAIN:
ATTEST
Barre
, Barnacle, Fischer, Healy, King, McDonnell, Pocekay
None
None
None
Mayor
by:
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