HomeMy WebLinkAboutResolution 2021-118 N.C.S. 7/12/2021 Resolution No. 2021-118 N.C.S. Page 1
Resolution No. 2021-118 N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING RESOLUTION NO. 2021-035 N.C.S. AND ABOLISHING A SEAT ON
THE AD HOC COMMUNITY ADVISORY COMMITTEE ON COMMUNITY RACE RELATIONS
WHEREAS, the City of Petaluma has been engaged in an extensive effort to facilitate and engage in
community dialogue regarding race relations in Petaluma; and
WHEREAS, City leaders have been working with staff to identify, consider and prepare to implement ways
in which the City can promote and model policies and practices that celebrate, support and include to the
maximum extent possible the City’s diverse community members, and to do so equitably so to afford all
community members the same opportunities to fully participate in Petaluma civic life; and
WHEREAS, to date, the City’s diversity, equity and inclusion (DEI) efforts have included:
• Adopting on February 27, 2017 Resolution No. 2017-032 N.C.S. in support of the protection of the human,
constitutional, and other rights of community members of the City of Petaluma;
• Mayor Barrett and Police Chief Savano attending on June 10, 2020, a joint press conference with
Congressman Thompson, and Sonoma County Board of Supervisors Chair Gorin, Sonoma County Sheriff
Essick, and all Sonoma County mayors and police chiefs to demonstrate a unified commitment to Former
President Obama’s My Brother’s Keeper Mayor’s Pledge;Mayor Barrett, City Manager Flynn and Police
Chief Savano hosting a virtual community engagement and listening forum town hall Zoom meeting
attended by 330 people on June 16, 2020;
• The City Council receiving and commenting on a draft community engagement and listening framework
on July 6, 2020 and directing staff to permit community-led listening sessions to occur as planned by
community members before proceeding with further City engagement and listening sessions; The City
retaining Tracey Webb and Associates to interview black, indigenous, and people of color (BIPOC)
community members and receive their recommendations regarding next steps;
• The Petaluma Police Department taking part in the ninth episode of Uncomfortable Conversations with a
Black Man with Emmanuel Acho which aired on Sunday, November 1, 2020;
• Release of a community race relations survey prepared by Tracey Webb and City staff on December 11,
2020;
• The City Council conducting a Community Race Relations and Policing Policies Workshop on January
21, 2021 to receive the results of the community race relations survey, and reports and feedback from the
community member listening sessions, including a report entitled “Community Forum on Racism and
Interactions with Police in Petaluma,” and a report from Tracey Webb entitled “Community Work on
Racism and Police Interactions for the City of Petaluma;” and
WHEREAS, on Monday, February 22, 2021, the City Council continued its discussion with the Petaluma
community regarding the need and opportunities for improving community race relations, and staff presented to
the Council recommendations for the formation of an Ad Hoc Community Advisory Committee (AHCAC) on
race relations and policing policies in Petaluma, including recommendations regarding the AHCAC’s purpose,
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Resolution No. 2021-118 N.C.S. Page 2
representation, guiding principles, member expectations, meeting facilitation, meeting schedule, and initial
agenda items for study by the AHCAC; and
WHEREAS, at the February 22 City Council meeting, the City Council supported the staff recommendations
regarding creation of the AHCAC, and the City Council provided direction on the composition of the AHCAC;
and
WHEREAS, in accordance with the City Council’s direction, staff contacted the organizations recommended
in the February 22 staff report for representation on the AHCAC to request that each identify a representative
who would ideally live in a Petaluma zip code and be a member of the BIPOC community, and staff received
proposed representatives from the listed organizations, and contact from non-listed organizations and unaffiliated
individuals seeking representation on and also nominating representatives for the AHCAC; and
WHEREAS, at the March 15, 2021 City Council meeting, the City Council received and deliberated on an
updated list of potential AHCAC representatives and adopted Resolution No. 2021-035 N.C.S. creating the
AHCAC and appointing the AHCAC members; and
WHEREAS, there are currently a total of 28 members on the AHCAC comprising six at-large members
nominated by the City Council and 22 additional representatives, representing previously reviewed and approved
local organizations and the 22 representatives were individually nominated and brought forward by their
respective organizations; and
WHEREAS, Resolution No. 2021-035 N.C.S., the legislation that established the AHCAC, provides in
Section 7 that the City Council may in the Council’s “sole discretion declare the office of an [AHCAC] member
vacant and appoint a qualified person to fill the vacancy”; and
WHEREAS, even absent the removal provisions in Section 7, the City Council, as the body that created the
AHCAC, has the inherent power to remove and replace members of the AHCAC in the Council’s discretion, with
or without cause. Section 7 of the AHCAC enabling resolution provides notice regarding the Council’s removal
authority; and
WHEREAS, City Council formation of the AHCAC was exempt from the requirements of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, because formation of
the AHCAC did not meet CEQA’s definition of a “project,” because the action did 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 formation of the AHCAC constitutes organizational or administrative activities
of governments that would not result in direct or indirect physical changes in the environment; and
WHEREAS, even if formation of the AHCAC were deemed a “project” under CEQA, the action was
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; and
WHEREAS, in forming the AHCAC to advise the City Council and make recommendations concerning
addressing race relations and promoting diversity, equity and inclusion City-wide and regarding police policies
in particular, the City Council exercised the City’s police power granted pursuant to Article XI, Section 5, of the
California Constitution, to make and enforce all ordinances and regulations in respect to municipal affairs, subject
only to limitations provided in the City Charter, and to provide for the constitution, regulation and government of
the City police force, and exercised its authority to create subordinate bodies in accordance with the City Charter
and Municipal Code.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Section 1 of Resolution No. 2021-035 N.C.S. is hereby amended to provide that the number of members of
the Committee shall be 27.
2. Section 7 of Resolution No. 2021-035 N.C.S. is hereby amended to read as follows:
Vacancies – Upon the death, resignation, disability to perform the duties of a member of the Committee,
or, in the City Council’s sole discretion, upon the loss of qualifications based on which a Committee
member was appointed, or upon the failure to attend meetings of the Committee for 2 consecutive regular
meetings, except in case of illness or for some other unavoidable cause, or based on other considerations
of the City Council in its sole discretion, the City Council may review and if found to be appropriate in
the City Council’s sole discretion, declare the office of a Committee member vacant and appoint a
qualified person to fill the vacancy for the unexpired term.
3. Pursuant to Section 7 of Resolution No. 2021-035 N.C.S., and the City Council’s inherent authority as the
body that created the Committee, the City Council, in its sole discretion, hereby removes Committee member
Stefan Perez from the Committee, terminating Mr. Perez’s service and abolishing the seat Mr. Perez formerly
occupied on the Committee. Accordingly, the number of seats on the Committee is hereby reduced to 27.
4. Except as modified above, Resolution No. 2021-035 N.C.S. remains unchanged and shall continue in full
force and effect until otherwise modified or repealed by the City Council.
5. This resolution shall take effect immediately upon its adoption by the City Council.
6. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this resolution
is severable. If any section, paragraph, sentence, clause or phrase of this resolution is for any reason found to
be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
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 12th day of July
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; McDonnell; Pocekay
NOES: Healy
ABSENT: King
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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