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Home My WebLink AboutOrdinance 2786 N.C.S. 08/02/2021 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 EFFECTIVE DATE URGENCY ORDINANCE NO. 2786 N.C.S. OF ORDINANCE August 2, 2021 Introduced by: Dave King Seconded by: Mike Healy AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 2781 N.C.S. TO CHANGE SPECIAL REVENUE AND TRUST FUNDS APPROPRIATIONS FOR THE OPERATION OF THE CITY OF PETALUMA FROM JULY 1, 2021 TO JUNE 30, 2022 AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY WHEREAS, COVID-19 (also known as the "Coronavirus Disease") is a respiratory disease which was first detected in China and has now spread across the globe,with multiple confirmed cases in California, including the City of Petaluma; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and WHEREAS, on March 4, 2020, Governor Gavin Newsom (Governor) proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, on March 9, 2020, the City Manager of the City of Petaluma (City Manager) proclaimed the existence of a local emergency related to the COVID-19 threat; and WHEREAS,the World Health Organization announced on March 11,2020,that it has characterized COVID- 19 as a pandemic; and WHEREAS, on March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act ("ARPA"), a substantial federal stimulus bill aimed at addressing many aspects and impacts of the COVID-19 pandemic; and WHEREAS, the City of Petaluma's share of the ARPA funding is approximately $8.3 million; and WHEREAS, the intended use of the funds is to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers; and WHEREAS, Section 76A of the Petaluma City Charter authorizes the adoption of ordinances for the immediate preservation of the public peace, health or safety, which contain a declaration of and the facts constituting its urgency, so long as such ordinances are passed by a unanimous vote of the Council members present at the time of adoption; and WHEREAS, new variants of COVID-19, including the Delta Variant are on the rise and continue to place City staff and Petalumans in danger; and WHEREAS, staff s recommendation for the full balanced investment plan of $8.3 million is based on recovery,improving city operations for the long-term and providing financial assistance to those in the community impacted by the pandemic; and Ordinance No. 2786 N.C.S. Page 1 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 WHEREAS, adopting the American Rescue Plan Act ("ARPA") recommended funding allocation and associated urgency ordinance to change certain appropriations for the operations of the city of Petaluma is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378; and, further CEQA analysis will be performed during the project specific approvals of the above stated use of funds. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma as follows: Section 1.Findings.The above recitals are declared to be true and correct and are incorporated into this resolution as findings of the City Council. Section 2.Exemptions from CEQA.Adopting the American Rescue Plan Act("ARPA")recommended funding allocation and associated urgency ordinance to change certain appropriations for the operations of the city of Petaluma is exempt from the California Environmental Quality Act(CEQA)because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is a fiscal and administrative activity pursuant to CEQA Guideline section 15378. Moreover, further CEQA analysis will be performed during the project specific approvals of the above stated use of funds. Section 3. Amendment. Ordinance No. 2781 N.C.S. is hereby amended for the fiscal year beginning on July 1, 2021 and ending on June 30, 2022 in the amounts as set forth in the attached Exhibit A, incorporated herein by reference, and distributed to the various funds as set out in said exhibit and shall be expended and used in accordance therewith. Section 4. Appropriations Finding. The City Council hereby finds and determines that the amount of appropriations provided hereby does not exceed the estimated revenue, other sources and available fund balances for the fiscal year ending June 30, 2022. Section 5.Repeal of Ordinances in Conflict.All ordinance or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health and safety of the City of Petaluma and its citizens, and shall take effect and be in force from and after its final passage by unanimous vote of the members of the City council present at the time of its adoption in accordance with Section 76A of the Petaluma City Charter. The reason for the urgency is so that these adjustments may take effect immediately in preparation for the safe re-population of City facilities in anticipation of full re opening to the public and to provide financial assistance to those in the community impacted by the pandemic. Section 7. Severability. If any section, subsection, sentence, clause,phrase or word of this ordinance is for any reason held to be unconstitutional,unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 8. Posting/Publishing of Notice. The City Clerk is hereby directed to post/publish this ordinance or a synopsis of this ordinance for the period and in the manner required by the City Charter. DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 INTRODUCED, ordered posted, and ADOPTED this 2nd day of August 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay Noes: None Abstain: None Absent: None DocuSigned by: Teresa arrett, Mayor ATTEST: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: e—nTa�T ose, CMC, City Clerk Eric an y, City Attorney DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 EXHIBIT A Exhibit A Detailed FY 2021/22 ARPA Budget Adjustment Exhibit A account string project string Ref fund name Revenue Expenditures amount Fund group fund cost ctr object Type (if applicable) revision purpose A Public Works Grant Fund $ 8,303,000 8,303,000 Grant Fund 2260 22600 44420 R g22603040 Public Works Grant Fund $ 650,000 (650,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 500,000 (500,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 1,700,000 (1,700,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 100,000 (100,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 100,000 (100,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 2,500,000 (2,500,000)Grant Fund 2260 22600 5' E g22603040 Public Works Grant Fund $ 250,000 (250,000)Grant Fund 2260 22600 5* E g22603040 Public Works Grant Fund $ 500,000 (500,000)Grant Fund 2260 22600 5' E g22603040 Public Works Grant Fund $ 800,000 (800,000)Grant Fund 2260 22600 5- E g22603040 Public Works Grant Fund $ 350,000 (350,000)Grant Fund 2260 22600 5- E g22603040 Public Works Grant Fund $ 313,000 (313,000)Grant Fund 2260 22600 5- E g22603040 Public Works Grant Fund $ 200,000 (200,000)Grant Fund 2260 22600 5- E g22603040 Public Works Grant Fund $ 178,000 (178,000)Grant Fund 2260 22600 5' E g22603040 Public Works Grant Fund $ 162,000 (162,000)Grant Fund 2260 22600 5' E g22603040 11 17