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HomeMy WebLinkAboutResolution 2022-077 N.C.S. 05/16/2022 Resolution No. 2022-077 N.C.S. Page 1 Resolution No. 2022-077 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING A CREATIVE CROSSWALK ON KENTUCKY STREET AS GOVERNMENT SPEECH OF THE CITY COUNCIL AS RECOMMENDED BY THE PETALUMA PUBLIC ART COMMITTEE AND PROPOSED BY AMOR PARA TODOS WHEREAS, existing federal statutes proscribe discrimination against the protected classes of race, color, sex, religion, disability and national origin; however, federal non-discrimination laws do not explicitly proscribe discrimination based on sexual orientation or gender identity; and WHEREAS, the U.S. Department of Education has released guidance clarifying that Title IX protects all students— including those who identify as lesbian, gay, bisexual and transgender, queer, questioning, asexual, intersex, nonbinary, and individuals who identify their sexual orientation or gender identity in other ways (LGBTQI+)—from sex discrimination, including sexual violence; and WHEREAS, the community group Amort Para Todas (APT) has as its mission helping schools and communities to be more gender and LGBTQIA+ inclusive, using an intersectional approach; and WHEREAS, APT has proposed installation of a creative or decorative crosswalk on Kentucky Street in Petaluma between Western Avenue and East Washington Street; and WHEREAS, the proposed design of the creative crosswalk is depicted in the staff report accompanying this resolution, which staff report is hereby made a part of this resolution by this reference; and WHEREAS, creative crosswalks are crosswalks that include decorative elements installed between the white transverse lines that frame the crosswalk, and creative crosswalks can contribute to the visual quality of the streetscape and create a sense of place, character and identity of a neighborhood, district or location, and also alert motorists of areas with high pedestrian activity; and WHEREAS, the function, design, and appearance of crosswalks are governed by the California Manual on Uniform Traffic Control Devices (MUTCD) and the Federal Highway Administration Interpretation Letter 3(09)- 24(I)—Application of Colored Pavement, and decorative elements included in creative crosswalks must satisfy all applicable functional requirements for cross walks, including those prescribed by the MUTCD; and WHEREAS, the City has previously received proposals for installation of decorative right of way elements, including the proposed Black Lives Matter street mural recommended and funded by the City’s Public Art Committee and approved by the City Council on July 6, 2020, which was installed on Fair Grounds Drive in front of the Petaluma Library; and WHEREAS, the City’s Black Lives Matter street mural was government speech – a message from the City Council presented on City right of way - which is not a forum for public speech and continues to be reserved by the City to preserve the continued effectiveness of City rights of way for the safe fulfillment of their public transportation purposes; and DocuSign Envelope ID: 02658340-F5F2-4010-82AC-7B879285512F Resolution No. 2022-077 N.C.S. Page 2 WHEREAS, the U.S. Constitution does not require that the City freely grant access to all wishing to exercise free speech on every type of City property without regard to the property’s nature or the disruption that might be caused by the speakers’ activities; and WHEREAS, the government can create designated and limited public forums for free speech on public property that is not a traditional public forum by opening the property for expressive activity by part or all of the public; however, such designated or limited public forums are not created by inaction, or by permitting limited discourse, but only by intentionally opening a nontraditional forum for public discourse; and WHEREAS, the City Council has taken no action to intentionally open its rights of way that are not traditional public forums as a forum for public discourse, and as a result, the City’s Black Lives Matter street mural did not turn the City’s rights of way into a public forum for free speech; and WHEREAS, to the extent they express a message, creative crosswalks are similarly considered exercises of government speech on City property which has been reserved for its public transportation purposes and not opened as a forum for free speech; and WHEREAS, at the July 22, 2021 Public Art Committee meeting the creative crosswalk proposed for Kentucky Street was presented, public comment was received and members of the public and the Public Art Committee indicated their support for the project; and WHEREAS, the proposed creative crosswalk was also presented to the Petaluma Downtown Association on January 1, 2022 and again on May 5, 2022, and the Downtown Association has indicated its support for the project; and WHEREAS, the proposed creative crosswalk project is consistent with several of the City’s Goals and Priorities for 2019-2021 as a community-oriented public art project consisting of a right of way mural installation; and WHEREAS, at the May 16, 2022 City Council meeting the City Council received public comment on and considered the creative crosswalk proposed for Kentucky Street, including the recommendation from the Public Art Committee and the community’s input at the July 22, 2021 regular Public Art Committee meeting, as well as support expressed by the Petaluma Downtown Association for the project on January 1 and May 5, 2022; and WHEREAS, the proposed creative crosswalk project has been reviewed consistent with the California Environmental Quality Act (CEQA) Guidelines and found to be categorically exempt from CEQA requirements pursuant to Section 15301 (existing facilities) in that the project is a mural painted on an existing public street that involves only minor alteration of existing public facilities, with negligible or no expansion of existing or former use; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 2. The proposed creative crosswalk project on Kentucky Street between Western Avenue and East Washington Street is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (existing facilities) in that it is a mural painted on an existing public street that involves only minor alteration of existing public facilities, with negligible or no expansion of existing or former use. DocuSign Envelope ID: 02658340-F5F2-4010-82AC-7B879285512F Resolution No. 2022-077 N.C.S. Page 3 3. The creative crosswalk project proposed by Amor Para Todos as recommended by the Public Art Committee is hereby approved as government speech of the City for installation on Kentucky Street between Western Avenue and East Washington Street substantially as depicted in the staff report accompanying this resolution. 4. The proposed creative crosswalk on Kentucky Street between Western Avenue and East Washington Street approved by this action is government speech – a message from the City Council presented on City right of way. The City Council’s intended message is in support of all people, regardless of gender and sexual orientation, feeling safe and comfortable to be their authentic selves, express themselves freely, be supported, and be treated with respect. 5. City rights of way that are not traditional public forums are not a forum for public speech and continue to be reserved by the City to preserve the continued effectiveness of City rights of way for the safe fulfillment of their public transportation purposes. The U.S. Constitution does not require that the City freely grant access to all wishing to exercise free speech on every type of government property without regard to the property’s nature or the disruption that might be caused by the speakers’ activities. Although the government can create designated and limited public forums for free speech on public property that is not a traditional public forum by opening the property for expressive activity by part or all of the public, such designated or limited public forums are not created by inaction, or by permitting limited discourse, but only by intentionally opening a nontraditional forum for public discourse. The City Council has taken no action to intentionally open its rights of way as a forum for public discourse. By approval of the proposed creative crosswalk for installation on Kentucky Street between Western Avenue and East Washington Street, the City Council is taking no action to open City rights of way that are not traditional public forums as public forums for speech. 6. The City Manager is hereby authorized to oversee and direct installation of a creative crosswalk on Kentucky Street between Western Avenue and East Washington Street, with the exact location of the creative crosswalk to be determined in coordination with the Public Works Department and the Public Art Committee as appropriate and in consideration of the relationship of the crosswalk with other street markings intended for traffic control, and in accordance with all applicable functional requirements for cross walks, including those prescribed by the MUTCD and applicable safety protocols related to traffic control and other safety considerations related to installation of crosswalks in the right of way. 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 16th day of May 2022, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: 02658340-F5F2-4010-82AC-7B879285512F