HomeMy WebLinkAboutResolution 2021-183 N.C.S. 11/15/2021 DocuSign Envelope ID: D2F73DF3-686F-4E90-AE8F-46010EE4D4F2
Resolution No. 2021-183 N.C.S.
of the City of Petaluma, California
RESOLUTION MAKING REQUIRED FINDINGS AND AUTHORIZING THE CITY
MANAGER TO IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR THE
CITY COUNCIL AND FOR ALL CITY SUBORDINATE BODIES PURSUANT TO
ASSEMBLY BILL 361
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, in response to COVID-19, the Governor of the State of California issued a
Proclamation of a State of Emergency on March 4, 2020; and
WHEREAS, on March 9, 2020, the City Manager of the City of Petaluma proclaimed the
existence of a local emergency related to the COVID-19 threat, and on March 16, 2020, the City Council
ratified the emergency proclamation by adopting Resolution no. 2020-040 N.C.S.; and
WHEREAS, the Petaluma City Council has the express power pursuant to Section 8630 of
the Government Code and Section 2.32.060(A) of the Petaluma Municipal Code "to proclaim the
existence or threatened existence of a `local emergency' if the city council is in session" or to ratify the
proclamation of a `local emergency' if the City Manager declares a `local emergency' while the Council
is not in session; and
WHEREAS,the authority to proclaim the existence of a local emergency resides with the City
Council alone and none of the City subordinate bodies possess such authority; and
WHEREAS, to mitigate the spread of COVID-19, the Centers for Disease Control and
Prevention recommends that people "[a]void crowded spaces," "[c]hoose events that take place outside
with enough space for attendees to stay at least six-feet apart," and"[h]ave a virtual gathering;" and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which
suspended and modified some of the teleconferencing requirements under the Brown Act (California
Government Code Section 54950 et seq.) to permit legislative bodies to hold public meetings via
teleconference (with audio or video communications, without a physical meeting location), subject to
specified requirements, including that public meeting agendas identify the teleconferencing procedures to
be used to permit the public to participate by teleconference; and
Resolution No. 2021-183 N.C.S.
1
DocuSign Envelope ID: D2F73DF3-686F-4E90-AE8F-46010EE4D4F2
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which
extended the provisions of Executive Order N-29-20 concerning the conduct of public meetings through
September 30, 2021; and
WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021,
amends Education Code Section 89305.6, applicable to public meetings of School Boards, Government
Code Section 11133 of the Bagley-Keene Opening Meeting Act. applicable to public meetings for state
boards and commissions, and Government Code Section 54953 applicable to public meetings held by
cities and counties; and
WHEREAS, AB 361 includes requirements to Government Code Section 54953 intended to
ensure that the public may watch and make public comments during teleconferenced public meetings
permitted pursuant to AB 361, including:
• Requiring legislative bodies to provide notice of the means by which members of the public may
access teleconferenced meetings and offer public comment, and to provide an opportunity for all
persons to attend teleconferenced meetings via a call-in option or an intemet-based service option;
• Prohibiting legislative bodies from taking further action on agenda items when there is a disruption
which prevents broadcasting the meeting, or in the event of a disruption within the local agency's
control which prevents members of the public from offering public comments, prohibiting
legislative bodies from taking further action on agenda items until public access is restored;
• Prohibiting legislative bodies from requiring public comments to be submitted in advance of
teleconferenced meeting and specifying that legislative bodies must provide an opportunity for the
public to address the legislative body and offer comment in real time;
• Prohibiting legislative bodies from closing the public comment period until the public comment
period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City is already implementing and complying with the above public meeting
requirements now codified in Government Code Section 54953(e)(2)(B-G); and
WHEREAS, Government Code Section 54953(b)(3) permits public meetings by
teleconference,and requires that agendas be posted at all teleconference locations,that each teleconference
location be identified in the notice and agenda of the meeting or proceeding, and that each teleconference
location be accessible to the public; and
WHEREAS,pursuant to Government Code Section 54953(e)(3), if a state of emergency
remains active, or state or local officials have imposed or recommended measures to promote social
distancing, in order to continue to teleconference without compliance with paragraph(3) of
subdivision(b), the legislative body shall, not later than 30 days after teleconferencing for the first
time pursuant to subparagraph(A), (B), or(C) of paragraph(1), and every 30 days thereafter, make
the following findings by majority vote:
1. Reconsidered the circumstances of the COVID-19 state of emergency and that any of the following
circumstances exist:
2. The state of emergency as a result of COVID-19 continues to directly impact the ability of the
Resolution No. 2021-183 N.C.S.
2
DocuSign Envelope ID: D2F73DF3-686F-4E90-AE8F-46010EE4D4F2
members of City Council and the members of the City's subordinate bodies to meet safely in
person; and
3. State or local officials continue to impose or recommend measures to promote social distancing;
and
WHEREAS, pursuant to Government Code Section 54953(f), Government Code Section 54953
remains in effect until January 1, 2024;
WHEREAS, the Sonoma County Health Officer continues to require social distancing, and the
City has implemented or is preparing to implement the Health Officer's orders by:
1. Requiring City employees to either be vaccinated or show proof of negative COVID-19 testing.
2. Requiring staff and visitors to wear masks in City buildings.
3. Posting COVID-19 safety measures on the City's social media pages
4. Limiting the hours that the public may enter City Hall;
5. Placing hand sanitizer stations in City Hall; and
6. Installing EnergGov to allow the public to obtain permits online rather than in person; and
WHEREAS, Section 55 of the Petaluma City Charter states that, "[t]he city council shall have the
power to establish such commissions as shall be necessary for the effective accomplishment of municipal
business;" and
WHEREAS, the City Council has established numerous commissions to help accomplish City
business and make recommendations to City Council pursuant to Section 55 of the City Charter; and
WHEREAS,the City Council has also established numerous committees to help accomplish City
business and advise the Council, and such committees are not subject to Section 55 of the City Charter and
have been created pursuant to the Council's inherent legislative powers; 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 adopting a resolution
making required findings and authorizing the City Manager to implement teleconferenced public meetings
for the City Council and all City subordinate bodies pursuant to Assembly Bill 361 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 the action constitutes organizational or administrative activities of governments
that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to
Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an
emergency; and
WHEREAS, on October 4, 2021 City Council adopted Resolution No. 2021-163 N.C.S., and
again on November 4, 2021 City Council adopted Resolution No. 2021- 176 N.C.S. authorizing the City
Manager to implement teleconferenced public meetings for thirty days; and
Resolution No. 2021-183 N.C.S.
3
DocuSign Envelope ID: D2F73DF3-686F-4E90-AE8F-46010EE4D4F2
WHEREAS, the City Council has considered all information related to this matter, as presented
at the public meetings of the City Council identified herein,including any supporting reports by City Staff,
and any information provided during public meetings, including public comments;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Petaluma
hereby:
1. Declares that the above recitals are true and correct and are incorporated into this resolution as
findings of the City Council;
2. Finds that proposed action is exempt from the requirements of the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting
a resolution making required findings and authorizing the City Manager to implement
teleconferenced public meetings for the City Council and all City subordinate bodies pursuant to
Assembly Bill 361 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 the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect
physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA
Guidelines, as specific actions necessary to prevent or mitigate an emergency;
3. Finds and declares that City Council has reconsidered the circumstances of the COVID-19 state of
emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the
members of City Council and the members of the City's subordinate bodies to meet safely in
person; and
• State and local officials continue to impose or recommend measures to promote social
distancing;
4. Authorizes and directs the City Manager, based on the above findings, to implement
teleconferenced public meetings for the City Council and all City subordinate bodies in accordance
with the requirements Assembly Bill 361;
5. Directs the City Manager to return to the City Council within 30 days so that the Council may
update its findings and determinations pursuant to Government Code Section 54953(e)(3) and
authorize continued teleconferenced meetings of the City Council and City subordinate bodies in
accordance with the requirements of AB 361 while the state of emergency as a result of COVID-
19 continues to directly impact the ability of the members of the City Council and the members of
the City's subordinate bodies to meet safely in person;
6. If any section, subsection, sentence, clause,phrase or word of this resolution 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 resolution; the City Council hereby declares that it would have passed
and adopted this resolution and each and all provisions thereof irrespective of the fact that any one
Resolution No. 2021-183 N.C.S.
4
DocuSign Envelope ID: D2F73DF3-686F-4E90-AE8F-46010EE4D4F2
or more of said provisions be declared unconstitutional,unlawful or otherwise invalid; and
7. This Resolution shall become effective immediately and will lapse after 30 days, but may be
extended by the adoption of subsequent resolutions as permitted pursuant to AB 361.
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 15th day form:
of November 2021,by the following vote: DocuSigned by:
5 E F85AE94 F40&.Attorney
AYES: Mayor Barrett;Vice Mayor Barnacle;Fischer;Healy;King;McDonnell;Pocekay
NOES: None
ABSENT: None
ABSTAIN: None DocuSigned by:
DocuSigned by:
ATTEST:
�184 g8 491tYA('9lerk4492 &"P2E6B48F42E...
...
Resolution No. 2021-183 N.C.S.
5