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HomeMy WebLinkAboutResolution 2022-152 N.C.S. 09/19/2022 DocuSign Envelope ID:E5259EB4-04A9-406C-9B49-86701290EB04 Resolution No. 2022-152 N.C.S. of the City of Petaluma, California AUTHORIZING THE 2022 APPLICATION TO THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AND AUTHORIZING THE CITY MANGER TO EXECUTE ANY CONTRACTS FOR PROGRAM WHEREAS, the Department of Housing and Community Development ("Department") is authorized to provide up to $304 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties as described in Health and Safety Code section 50470 et seq.; and. WHEREAS, the State of California (the "State"), Department issued a Notice of Funding Availability ("NOFA") dated August 17, 2022 under the Permanent Local Housing Allocation(PLHA) Program; and WHEREAS, the City of Petaluma is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; WHEREAS, in accordance with Section 302(c) of the Department's Local Guide, the City's PLHA Plan ("Plan"), attached to the staff report as Exhibit 1, details the manner in which funds will be used for eligible activities, describes how the Plan is consistent with the programs set forth in the City's Housing Element, and describes how the City will prioritize investments that increase the supply of affordable housing; and WHEREAS, this item was agenized in compliance with state and local laws; and WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15378, as the action does not meet CEQA's definition of a"project,"because applying for a grant is not a project as it 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) and because this action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; further any use of the grant funds if received will have its own analysis for compliance with CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Declares the above recitals to be true and correct and are incorporated herein by reference. 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, as the action does not meet CEQA's definition of a"project,"because applying for a grant is not a project as it 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) and because this action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; further any use of the grant funds if received will have its own analysis for compliance with CEQA. Resolution No. 2022-152 N.C.S. Page 1 DocuSign Envelope ID:E5259EB4-04A9-406C-9B49-86701290EB04 3. Authorizes the City Manager or other authorized representative to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto,as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. The PLHA formula allocations, including the 2021 allocation of$315,338 accessed via submission in accordance with all applicable rules and laws. 4. If City receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts City may have with the Department. 5. Finds that this item was noticed in compliance with state and local laws and that the public had an adequate opportunity to review and comment on its content. 6. Certifies that City will ensure compliance with Section 302(c)(6) of the Guidelines if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects. 7. Certifies, if applicable,that that the City will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the sponsor of the project if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced 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 19'day of DocuSigned bforrn: September 2022,by the following vote: v 5EF85A'tiT1VFtorney AYES: Barrett,Barnacle,Fischer,King,McDonnell,Pocekay NOES: None ABSENT: Healy ABSTAIN: None DocuSigned by: F ocuSigned�¢b.,y: ATTEST: ,Vt Sa, bYLIIa ll M1rJgYr29F4492 1737offrl Resolution No. 2022-152 N.C.S. Page 2