HomeMy WebLinkAboutResolution 2022-033 N.C.S. 03/07/2022 DocuSign Envelope ID:20BA8D82-D956-4F5E-95B4-1145EDB11930
Resolution No. 2022-033 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SONOMA FOR
TOBACCO RETAIL LICENSE ADMINISTRATION AND ENFORCEMENT SERVICES
WHEREAS,on December 6,2021,the City Council adopted an Ordinance amending retitling
Chapter 8.20 of the Petaluma Municipal Code as "Regulation of Smoking," Amending Section
8.20.040 of the Petaluma Municipal Code regarding Smoking in Public Places, Repealing Section
8.20.120 of the Petaluma Municipal Code and Adding a New Chapter 8.21 to the Petaluma Municipal
Code entitled"Regulation of Retail Tobacco Sales"; and
WHEREAS, the Tobacco Retail License Ordinance encourages responsible tobacco retailing
and discourages violations of tobacco-related laws, especially those that prohibit or discourage the
sale or distribution of tobacco products to minors; and
WHEREAS, the Tobacco Retail License Ordinance also bans the sale of flavored tobacco
products and electronic smoking devices and sets minimum prices for tobacco products; and
WHEREAS, the Tobacco Retail License Ordinance requires all tobacco retailers in Petaluma
to obtain a license from the City to sell their products and limits the number of future tobacco retailers
within the City; and
WHEREAS, California Government Code Section 51301 authorizes a county to contract
with a charter city within the county"for the performance by its appropriate officers and
employees, of city functions"; and
WHEREAS, California Government Code Section 54981 states that, "The legislative
body of any local agency may contract with any other local agency for the performance by the
latter of municipal services or functions within the territory of the former"; and
WHEREAS,the County of Sonoma(County)has the expertise and staff to provide such
special services and is willing to provide such services; and
WHEREAS, the City desires to have the County administer and enforce said program within
City boundaries through a Memorandum of Understanding (MOU), attached to this Resolution as
Exhibit A, and County has expertise and staff to provide such services; and
WHEREAS, City Council previously analyzed the Tobacco Retail License Ordinance on
November 15, 2021, when it found that, "Adoption and implementation of the proposed ordinance is
exempt from the California Environmental Quality Act("CEQA")pursuant to Section 15061(b)(3)
of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that
DocuSign Envelope ID:20BA8D82-D956-4F5E-95B4-1145EDB11930
this ordinance may have a significant effect on the environment as adoption and implementation of
the standards, license requirements, and other measures contained in the ordinance will not in and of
themselves result in any direct physical change to the environment subject to CEQA"; and
WHEREAS, additionally, at the November 15, 2021, City Council meeting, City Council
found that, "In the alternative, the adoption and implementation of the proposed ordinance is exempt
from CEQA pursuant to Sections 15307 and 15308 of the State CEQA Guidelines as actions taken to
assure the maintenance, restoration, enhancement, and protection of natural resources and the
environment as authorized by state law where the regulatory process involves procedures for
protection of the environment and the basis for this determination is that the proposed ordinance
establishes standards, license requirements, and other measures that regulate the licensure of tobacco
retailers more stringently than existing codes, and will result in reduced sales of tobacco products to
minors because these standards, license requirements, and other measures will protect human health,
which is an aspect of the environment under Public Resources Code Section 21083(b)(3), by
strengthening existing standards for preventing the sale of tobacco products to youth and
establishing new limitations on tobacco retailer licensure and reduced sale of tobacco products will
reduce the harmful environmental effects of disposal of tobacco products; and
WHEREAS, the specific action of adopting a resolution of delegating authority to the City
Manager to execute a contract with the County to implement the City's tobacco retail license
program does not constitute a"project"pursuant to CEQA Guidelines Section 15378(b)(4) and
(b)(5) as this item is a government fiscal activity and organizational activity that will not result in
direct or indirect physical changes in the environment; and
WHEREAS, on March 7, 2022, City Council adopted a resolution to add an annual tobacco
retail license fee to the City's Master Fee Schedule.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Petaluma
hereby:
1. Declares the above recitals are hereby declared to be true and correct and are incorporated into this
resolution as findings of the City Council.
2. Finds that the proposed action was previously analyzed under the California Environmental
Quality Act on November 15, 2021, when it found that, "Adoption and implementation of the
proposed ordinance is exempt from the California Environmental Quality Act("CEQA")pursuant
to Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that
there is no possibility that this ordinance may have a significant effect on the environment.
Adoption and implementation of the standards,license requirements,and other measures contained
in the ordinance will not in and of themselves result in any direct physical change to the
environment subject to CEQA."A notice of exemption has been filed with the County.
Additionally, at the November 15, 2021, City Council meeting, City Council found that, "In the
alternative, the adoption and implementation of the proposed ordinance is exempt from CEQA
pursuant to Sections 15307 and 15308 of the State CEQA Guidelines as actions taken to assure
the maintenance, restoration, enhancement, and protection of natural resources and the
environment as authorized by state law where the regulatory process involves procedures for
DocuSign Envelope ID:20BA8D82-D956-4F5E-95B4-1145EDB11930
protection of the environment. The basis for this determination is that the proposed ordinance
establishes standards, license requirements, and other measures that regulate the licensure of
tobacco retailers more stringently than existing codes and will result in reduced sales of tobacco
products to minors. These standards, license requirements, and other measures will protect
human health, which is an aspect of the environment under Public Resources Code Section
21083(b)(3), by strengthening existing standards for preventing the sale of tobacco products to
youth and establishing new limitations on tobacco retailer licensure. Reduced sale of tobacco
products will reduce the harmful environmental effects of disposal of tobacco products; and
The specific action of adopting a resolution of delegating authority to the City Manager to
execute a contract with the County to implement the City's tobacco retail license program does
not constitute a"project"pursuant to CEQA Guidelines Section 15378(b)(4) and(b)(5) as this
item is a government fiscal activity and organizational activity that will not result in direct or
indirect physical changes in the environment.
3. Authorizes the City Manager to execute a Memorandum of Understanding with the County of
Sonoma for Tobacco Retail License administration services, in a form substantially similar to the
draft MOU attached hereto as Exhibit A.
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 7th day bg6signed by:
of March 2022,by the following vote: r(n�
C eiss WF3048D...
AYES:
Teresa Barrett,Brain Barnacle,D'Lynda Fischer,Mike Healy,Dave
King,Kevin McDonnell,Dennis Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: f f
ATTEST: DocuSigned by: �'�,vr,Sa ba"ItI l-
�Ca�en fon�aj.es 604102E6B48F42E...
Interi ff�kqWEONE6... Mayor
DocuSign Envelope ID:20BA8D82-D956-4F5E-95B4-1145EDB11930
Exhibit A
City of Petaluma MOU