HomeMy WebLinkAboutResolution 2023-027 N.C.S. 03/06/2023 DocuSign Envelope ID: B071 1 D02-D44B-4CBD-9568-96EAF726EAC2
Resolution No. 2023-027 N.C.S.
of the City of Petaluma, California
RESCINDING RESOLUTIONS NO. 2021-014 N.C.S. AND 2023-017 N.C.S. APPOINTING MEMBERS
TO THE GENERAL PLAN ADVISORY COMMITTEE
WHEREAS, on January 25, 2021, the City Council adopted Resolution No. 2021-014 N.C.S., which
appointed 21 community member volunteers to the General Plan and Advisory Committee (GPAC); and
WHEREAS, on February 6, 2023, the City Council adopted Resolution No. 2023-017 N.C.S., which
appointed five community members to fill vacancies on the GPAC; and
WHEREAS, the GPAC offers diverse perspectives and provides feedback to City staff and the consultant
team regarding the development of the City's new General Plan, and staff utilize the committee's input to inform
the General Plan development process and preparation of draft documents for review by other advisory bodies
such as the Planning Commission and ultimately for review by the City Council; and
WHEREAS, in response to the COVID-19 pandemic, Governor Newsom signed Assembly Bill 361 (AB
361), which provides relaxed procedures for teleconference meetings without requiring public access to the
locations from which legislative body members are participating by teleconference; and
WHEREAS,AB 361 teleconferencing procedures apply when a state of emergency exists as declared by the
Governor and the local legislative body makes certain factual findings regarding the state of emergency,including
that meeting in-person would present imminent risks to the health or safety of attendees; and
WHEREAS, Governor Newsom has rescinded the COVID-19 emergency order effective February 28,2023,
which means all City committees, commissions, and board members (CCBs) can no longer rely on the relaxed
teleconferencing rules of AB 361 after that date, and, accordingly, to comply with the Brown Act, members of
CCBs that are subject to the Brown Act, including GPAC members, will be required to either meet in person or
allow the public to participate at their teleconference location pursuant to Government Code Section 54953(b)(3);
and
WHEREAS,upon rescission of Resolution No.2021-014 which appointed 21 community member volunteers
to the GPAC, and Resolution No. 2023-017, which appointed five members to fill vacant seats on GPAC, the
GPAC would no longer be a "legislative body" under the Brown Act, and the GPAC members that are willing
and able may volunteer to continue serving as they have, and the City need not comply with the Brown Act's
teleconferencing rules and could allow GPAC volunteers to continue to meet remotely via zoom as they have
been; and
WHEREAS, notwithstanding rescission of Resolutions no. 2021-014 and 2023-017, current practices
regarding GPAC meetings may continue, including: publicly noticing GPAC meetings, permitting members of
the public to participate in the meetings virtually, staff assisting with facilitation of the meetings and presentations
by consultants and others, and discussion among GPAC members and other meeting participants, and converting
the GPAC to an informal,volunteer group does not preclude the City from continuing to hold GPAC meetings in
most respects as if the Brown Act applied to maximize the transparency of and public participation in the GPAC
conversations; and
WHEREAS, the 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 rescinding resolutions which
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DocuSign Envelope ID:B071 1 D02-D44B-4CBD-9568-96EAF726EAC2
appointed members to the General Plan Advisory Committee 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.
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. 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 rescinding resolutions which appointed
members to the General Plan Advisory Committee 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.
3. Resolutions No. 2021-014 N.C.S. and No. 2023-017 N.C.S. are hereby rescinded in their entirety as of the
effective date of this resolution and shall no longer have any force or effect.
4. The City Council expresses is sincere appreciation for the members of the Petaluma community that have
volunteered to participate on the General Plan Advisory Committee(GPAC)and encourages all of the GPAC
volunteers that are willing and able to volunteer to continue meeting and providing feedback to City staff and
the General Plan consultant team regarding the development of the City's new General Plan as an informal
body that is able to continue to meet virtually following the expiration of the Governor's Covid-19 emergency
declaration, which made effective relaxed teleconferencing procedures for legislative bodies subject to the
Brown Act.
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 6th day of March 2023, D°C°ftneditim:
by the following vote: F
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AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nau,Pocekay,
Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: �DDocuSigned by:l
ATTEST: / u
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