HomeMy WebLinkAboutResolution 2022-138 N.C.S. 09/12/2022 DocuSign Envelope ID: E5259EB4-04A9-406C-9B49-86701290EB04
Resolution No. 2022-138 N.C.S.
of the City of Petaluma, California
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 the Governor's declared State of Emergency is still in effect; 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
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
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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 internet-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 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; and
WHEREAS,the Sonoma County Health Officer continues to recommend social distancing, and the City has
implemented or is preparing to implement the Health Officer's orders by:
1. Recommending that staff and visitors wear masks in City buildings;
2. Posting COVID-19 safety measures on the City's social media pages;
3. Limiting the hours that the public may enter City Hall;
4. Placing hand sanitizer stations in City Hall; and
5. Installing EnergGov to allow the public to obtain permits online rather than in person; and
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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 Resolution will determine whether the subordinate commissions and committees of City
Council will continue to hold teleconferenced meetings for the next thirty days; 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., again on
November 1, 2021 City Council adopted Resolution No. 2021-176 N.C.S., again on November 15, 2021 City
Council adopted Resolution No. 2021-183 N.C.S., on December 6, 2021 City Council adopted Resolution No.
2021-189 N.C.S., again on January 3, 2022, City Council adopted Resolution No. 2022-001 N.C.S., again on
January 24,2022,City Council adopted Resolution No.2022-008 N.C.S.,on March 7,2022,City Council adopted
Resolution No. 2022-029 N.C.S., again on April 4, 2022, City Council adopted Resolution No. 2022-045 N.C.S.,
again on May 2, 2022, City Council adopted Resolution No. 2022-068 N.C.S., on May 16, 2022, City Council
adopted Resolution No. 2022-081 N.C.S., on June 13, 2022, City Council adopted Resolution No. 2022-094
N.C.S., again on June 20, 2022, City Council adopted Resolution No. 2022-107 N.C.S., again on July 18, 2022,
City Council adopted Resolution No. 2022-119, and again on August 8, 2022, City Council adopted Resolution
No. 2022-133 authorizing the City Manager to implement teleconferenced public meetings for thirty days; and
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,by the City Council of the City of Petaluma as follows:
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
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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
as declared by the Governor 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 authorizes 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 or more of said provisions be declared unconstitutional,
unlawful or otherwise invalid.
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 the Approved as to
Council of the City of Petaluma at a Regular meeting on the 121 day of September Docusigned kfOrm:
2022,by the following vote: a'�
ity ttorney
AYES: Barrett,Barnacle,Fischer,Healy,King,McDonnell,Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
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