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HomeMy WebLinkAboutResolution 2021-083 N.C.S. 6/07/2021 Resolution No. 2021-083 N.C.S. Page 1 Resolution No. 2021-083 N.C.S. of the City of Petaluma, California RESOLUTION UPDATING ENABLING LEGISLATION AND CURRENT APPOINTMENTS TO THE TECHNOLOGY ADVISORY COMMITTEE WHEREAS, the City Council created the Technology and Telecommunications Advisory Committee on June 6, 2005, by adopting Resolution No. 2005-079 N.C.S., which established the Committee as a body consisting of nine members, with staggered terms, meeting once a month; and WHEREAS, on June 6, 2011, by adopting Resolution No. 2011-084 N.C.S., the City Council changed the Technology and Telecommunications Advisory Committee’s name to the Technology Advisory Committee, reduced the size of the Committee membership to seven members, provided that one of the members would be a City Council Liaison, set the members’ terms at three years, limited members to serving a maximum of three terms, and established the mission, duties, and authority of the Committee; and WHEREAS, on September 21, 2015, the City Council adopted Resolution No. 2015-152F N.C.S. appointing Matt Gaser and Dylan Lloyd to the Committee to serve two-year terms; and WHREAS, on July 3, 2017, the City Council adopted Resolution No. 2017-102 N.C.S. appointing Dylan Lloyd and Angelo Sacerdote to the Committee to serve two-year terms; and WHEREAS, on September 16, 2019, the City Council adopted Resolution No. 2019-153 N.C.S. which repealed and replaced the previously adopted resolutions related to the Committee, reduced the composition of the Committee to five members, eliminated the position of City Council Liaison from the Committee, and provided that Committee members would meet quarterly; and WHEREAS, the Committee is making progress on its mission of promoting access to electronic information and community resources for all citizens while protecting individual privacy and free expression, and on its duties to study local issues relating to computer technology and telecommunications and provide advice to the City Council regarding such matters, which will benefit the City and its community members, and accordingly the Committee would like to hold monthly meetings to continue their progress; and WHEREAS, at the April 28, 2021, Committee meeting, the Committee members voted to recommend to the City Council that Committee members be permitted to serve up to four terms; and WHEREAS, the City Council intends in adopting this resolution to update the Committee’s enabling legislation consistent with the Committee’s recommendations, in support of the important service that the Committee members provide to the Petaluma community, and to replace the prior enabling legislation concerning the Committee; and WHEREAS, this action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that amending the enabling legislation for the Committee does not meet CEQA's definition of a “project,” because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and relatedly, the proposed action is exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed action could have a significant impact on the environment. DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D Resolution No. 2021-083 N.C.S. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Recitals. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 2. CEQA. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that amending the enabling legislation of the Committee does not meet CEQA's definition of a “project,” because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and relatedly, this action is exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the action could have a significant impact on the environment. 3. Repeal. All previous resolutions relating to the composition, actions, and operation of the Technology Advisory Committee are hereby repealed in their entirety and as of the effective date of this resolution are no longer of any effect. 4. Composition. The Committee shall consist of five members. Members of the Committee shall be residents of Petaluma. The City' s Information Technology Manager or his or her designee shall serve as Committee staff and advise the Committee as needed in the performance of its duties. 5. Quorum/ Action. A quorum of three Committee members is required to meet and conduct Committee business. Fewer than three Committee members, or staff to the Committee if no Committee members are present, may adjourn meetings of the Committee in accordance with all applicable requirements of the Ralph M. Brown Act. (California Government Code Section 54950 et seq.). All actions or recommendations of the Committee shall be made at a meeting at which a quorum of the Committee is present and shall be approved by majority vote of the Committee members present. A tie vote shall constitute no action on the motion, proposed action or recommendation. 6. Terms. The term of office of each Committee member shall be two years, commencing on July 1st of the year appointed, and the members' appointments and the commencement of their terms shall be staggered such that the terms of no more than three Committee members shall expire in any given year. No Committee member may serve more than four consecutive terms. Notwithstanding the expiration of a member' s term pursuant to this provision, and subject to Section 11, Committee members shall serve until a successor is appointed by the City Council. 7. Continuance of Current Terms and Appointments. Subject to the provisions of this resolution, all current members of the Committee shall continue to serve for the remainder of the terms to which they have been appointed. Current Committee members and the expiration date of each of their terms are as follows: Name Current Term End Date Number of Terms Dylan Lloyd 6-30-2021 3 Stephen Kirschenmann 6-30-2021 1 Micah Contreras 6-30-2022 1 Steven Rangoussis 6-30-2022 1 Josh Simmons 6-30-2022 1 8. Mission. The mission of the Committee is to promote access to electronic information and community resources for all citizens while protecting individual privacy and free expression. DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D Resolution No. 2021-083 N.C.S. Page 3 9. Duties/ Authority. The Committee's duties include study of local issues relating to computer technology and telecommunications; providing advice to the City Council regarding such matters; and such other duties as may be prescribed by ordinance, resolution, rule or direction of the City Council, and include the following: a. Acting as a focal point for community education in areas of technology; b. Understanding the impact of various technological changes; c. Suggesting technology-related policy changes to be implemented by City staff; d. Encouraging community groups to participate and provide additional community involvement; e. Examining best practices from other jurisdictions and recommending implementation as appropriate; and f. Meeting and convening generally monthly, typically on the fourth Wednesday of every month at 7:00 p.m., and as appropriate in support of the fulfillment of the Committee’s mission and duties, at other dates and times, subject to all applicable requirements of the Brown Act and other applicable law. 10. Rules and Regulations. The Committee shall have the authority to adopt such rules and regulations as it shall determine necessary or appropriate for the holding and conducting of its meetings and the selection of its officers and for the performance of any of its functions or responsibilities subject to all applicable requirements of the Brown Act, this resolution, and other applicable law. 11. Resignation/ Removal. The City Council may declare the office of a Committee member vacant: upon the resignation, death, or disability that results in the inability of a Committee member to perform her/his duties; loss of permanent City residency or other status required for a Committee member to be eligible to serve in accordance with this resolution; unexcused absence of a Committee member from three consecutive, regular meetings of the Committee; or for any other reason in the Council' s sole discretion. 12. Vacancies. Following the declaration of a Committee seat vacant for any reason, the City Council shall appoint a qualified person to fill the vacancy for the unexpired term. 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 7th day of June 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 DocuSign Envelope ID: 6EF215E8-29F9-41CC-90C5-AC9009EAAF2D