Att: Sebastopol Planning Commission
I am a West Sonoma County property owner and am familiar with the allegations against Lowell Sheldon. This is not an issue of " he said, she said". This is "THEY said, he said". There are over a dozen women testifying that Mr. Sheldon sexually harrassed or assaulted them in the workplace. Does it have to take a lawsuit or a criminal conviction to protect the young women in our community?
The Sebastopol Planning Commission should deny the use permit and alcohol license to Mr.
Sheldon on the basis of his past behavior. If his pattern of sexual harrassment and assault is ignored, it is signaling that the community will allow this to behavior to continue.
Protect our young women and deny this predator another opportunity to harm them.
Signed,
Zepporah Glass
Sebastopol
[email protected]
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
To the planning board:
I am very concerned about Mr Sheldon receiving a use permit for a restaurant or bar serving alcohol. He has demonstrated many times in the past that he has sexually harassed his employees. In essence you’re putting the fox back in the hen house. Please listen to the women with direct experience of his harassment as well as the community at large who do not want to see this man empowered to commit further exploitation of his staff.
Sincerely,
Jan Marks
Sebastopol
[email protected]
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
1 John Jay
From: Caitlin Palmer <[email protected]>
Sent: Saturday, July 09, 2022 11:43 AM
To: Kari Svanstrom; John Jay
Subject: Letter re: Item on July 12 Planning Commission Agenda Please include this letter in the agenda packet for the July 12 Planning Commission meeting. -------
Dear Planning Commissioners,
I'm writing in regards to item 5B on the July 12 planning commission meeting agenda (Piala's alcohol use permit).
First, I'd like to thank the commissioners who attended the June 28 meeting for your thoughtful consideration and questions. You showed integrity and it reaffirms my commitment to doing business in the Sebastopol community (I regularly spend time and money here visiting friends and buying produce and herbs from local growers for my herbalism practice).
I support the commission's initial decision to deny an alcohol use permit to the applicants. I urge you to uphold that decision.
I encourage you to continue to stand firm in your authority and responsibility to the community. At the June 28 commission meeting, I heard a public commenter mischaracterize your consideration of community input as bias. They wrongly ignored the Commission's duties as described in the municipal code "To act in an advisory capacity to the City Council [...] and to serve as a forum for members of the public to voice their comments regarding such matters" (2.24.070(D)). Considering community input is necessary in an accountable public process, not bias.
Approving the permit on the condition that Lowell Sheldon not be allowed on the premises cannot be enforced and will not provide the safeguard that community members are requesting. According to city code, "[T]he applicant for the conditional use permit shall have the burden of proving by clear and convincing evidence that the proposed use will not adversely affect the health, safety or welfare, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby communities" (17.350.020 (D)). The applicants have not provided clear and convincing evidence to meet this condition. Lowell Sheldon, on public record, refused to agree to not be a patron or on the premises. He also violated similar conditions in his role at Khom Loi, causing that business to end their relationship with him.
Sebastopol is an incredible community that deserves businesses and workplaces that are safe and welcoming. The people who live, work, and visit here deserve for local leaders such as this commission to make decisions that honor their requests for safety.
Sincerely,
Caitlin Palmer
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
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Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
Please accept this appeal to the decision made by the Sebastopol Planning Commission regarding the approval of an alcohol use permit in Lowell Sheldon’s name for 7233 Healdsburg Ave, a restaurant named Piala. I believe the Planning Commission’s decision to provide him with a conditional license was made in error due to the following reasons.
Background
In Planning Director Kari Svanstrom’s initial response to Sheldon’s application, she cites Municipal Code 17.415.030 B, which states: “The establishment, maintenance, and operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be “detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.” In her opinion, this criterion was not met due to over ten former employees of Lowell Sheldon speaking out publicly of sexual harassment, toxic workplace, as well as illegal practices such as the serving of alcohol to underage workers (City of Sebastopol Planning Commission Staff Report, June 28, 2022).
City staff and Planning Commission agreed that Sheldon poses a risk to the health and safety
The damning allegations against Lowell Sheldon have been printed in multiple news sources (The Bohemian, The San Francisco Chronicle, and The Press Democrat to name a few), and been verified by multiple fact checkers. There is also a police report detailing Sheldon’s assault of a woman while he was under the influence. I am not here to convince you that Sheldon is “detrimental to the health, safety, peace, morals, comfort, and general welfare of our community”. This determination is clear, and has been voiced by almost all the members of the Planning Commission during their public meeting on June 28th, 2022. Commission Member Paul Fritz said, “What the planning commission has to find is that the operation of this restaurant with its alcohol license will not harm people in the community. At this point I don’t know If I can say that.” Commission Member Evert Fernandez echoed his sentiments, saying, ““Would I feel comfortable to have my daughter work there? The answer is that I couldn’t say honestly I would.”
The burden of proof was placed on Sheldon
By filing an appeal, the burden of proof was placed on Sheldon to prove that he is NOT detrimental to the health, safety, etc, of employees and customers alike. The members of the Planning Commission agreed that he failed to prove this. The administrative record includes documentation that Sheldon continued to harass and intimidate the former employees who shared their experiences in advance of the June 28th hearing. The commissioners also expressed concern that Sheldon failed to accept responsibility for his actions, without which, it is unreasonable to expect his future behavior will be different. If the Planning Commission believed he was not a danger, they would have completely overturned the initial staff decision.
However, they did not. As such, Sheldon did not meet the criteria for Svanstrom’s original decision to be overturned.
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
Conditions must adequately address the threat and be enforceable The Planning Commission reluctantly agreed to attempt to mitigate the possibility of Sheldon causing future harm by placing several provisions on the conditional license they agreed to approve on July 12th. Their original proposal was that Sheldon (City staff in the June 28th hearing) not be allowed to set foot in Piala, which he refused. The final provisions include Sheldon not being allowed to serve or consume alcohol on the property and he may not participate in any direct management of the employees. Comments by Commissioners included, ““There are many eyes on this project,” said Paul Fritz. “I think the community is monitoring this.” Kathy Oetinger stated, “I feel like we would be leaving the enforcement up to Mr. Berlin and Mr. Sheldon.”
Please consider for a moment what this would look like. Anyone who would choose to dine at Sheldon’s establishment would not be the community that would be willing to monitor this condition, and the community members who would be willing will certainly not feel safe as patrons of Sheldon’s restaurant. Secondly, if they leave the enforcement to Berlin and Sheldon themselves, are they really expecting either of them to report themselves if Sheldon breaks the provision? I don’t believe it is likely that Berlin would go to the City to tell them that Sheldon drank on premise and the City should remove his alcohol license. Furthermore, considering Sheldon’s habit of intimidating and harassing employees who choose to speak up, it seems improbable that if Sheldon asked Piala’s employees to serve him alcohol that they would feel comfortable saying no, or even if they witnessed Sheldon himself serving the alcohol they would be reluctant to report.
When the provisions are considered in a realistic manner, it is clear that they place an unfair burden on the community. It is not the responsibility of the community or the offender or offender’s business partner to enforce these provisions, it is the city’s responsibility. And if they cannot enforce those provisions, then the first approval should be overturned.
Recommendations to use discretion and authority
In lieu of a conditional permit, I and the other victims suggest the following alternatives:
● Deny the license for one year. In one year, allow Sheldon to return to the Planning Commission with evidence that he has taken meaningful steps to understand the risks of drug and alcohol use in the workplace and is no longer a threat to community health and safety by holding a license to sell alcohol.
● The second alternative is that Sheldon remove himself from any ownership of Piala. The former businesses he was associated with have all removed him as owner because of past behavior and the risk he posed. Jeff Berlin has stated many times in the June 28th meeting that he plans on doing most of the work alone, and Sheldon would only come in if they were short an employee. As multiple commissioners noted, staffing shortages Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
are extremely common in our current economy and the likelihood that Sheldon will frequently be needed is high.
● Sheldon could maintain his role as owner but be banned from being on premises based on Planning Director's initial recommendation in the June 28th hearing for a minimum of one year. Berlin stated multiple times in the June 28th hearing that he was fully capable of running the restaurant without Sheldon’s help.
All alternatives mitigate the damage that Lowell could cause to the Sebastopol community, which could be the harm of another employee that could be traumatic and cause lasting mental, emotional, or physical damage. Twelve years of this sort of behavior shows a pattern of using his position of owner to manipulate and abuse other employees. The liability not only to Berlin but to the the City of Sebastopol for approving this unenforceable conditional license is too high to risk another person being harmed. Please reconsider the Planning Commission’s decision.
We ask that the city be provided with the full administrative record of the previous application, denial and appeal with all supporting documents in advance of reviewing this matter. We only seek to keep our community safe and prevent any future harm.
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Kathy Corsello <[email protected]>
Sent: Monday, June 27, 2022 1:57 PM
To: John Jay
Subject: Alcohol permit
I oppose the transfer of the alcohol permit to Lowell Sheldon owner of Piala restaurant on Healdsburg Ave in Sebastopol Ca.
Sent from my iPhone
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
June 1, 2022
City of Sebastopol
Planning Director
Planning Commission
7120 Bodega Avenue
Sebastopol, CA 95472
RE: Reject Applicant’s Appeal of Denial of Alcohol Transfer and Alcohol Use Permit Application, File 2022-020, Piala LLC
Dear Commissioners and Planning Director:
Please consider my following comments, and uphold the position of the City of Sebastopol Planning Department staff to deny an Alcohol Transfer and Alcohol Use Permit at 7233 Healdsburg Avenue.
While the Applicant, Mr. Lowell Sheldon, is entitled to his own opinions regarding this denial, he is not entitled to his own set of facts.
Mr. Sheldon suggests that he “ran (his) first restaurant in a way that was sloppy and made some of (his) employees uncomfortable…”. In fact, most of these employees allege, particularly in the context of alcohol use, “repeated instances of sexual harassment, assault and other inappropriate behavior”, and as partners in one business venture after another demanded Mr. Sheldon’s separation from their partnerships due to “his pattern of sexual harassment “ (Press Democrat 9/25/21), Mr. Sheldon has, in fact, repeatedly described this behavior as simply “making people feel uncomfortable”.
Mr. Sheldon states that his well-documented behavior “did not meet the standards of today”. In fact, “repeated instances of sexual harassment, assault and other inappropriate behavior” were never acceptable standards, now or in the past.
Mr. Sheldon states that he will not be “an operational partner”, with the implication that his alleged and documented persistent unprofessional, illegal and abusive behaviors thus cannot impact the community. In fact, Mr. Sheldon is identified as the owner who has applied for the Alcohol Transfer and Alcohol Use Permit, and will most certainly be present at times at the proposed business. Further, even if it were possible, the City should not consider conditioning approval of this proposed project with unenforceable criteria such as not allowing the owner to enter his own property, in an attempt to mitigate Mr. Sheldon’s long-standing history and behavior surrounding alcohol.
In a recent letter to select individuals, Mr. Sheldon stated that “3 former employees (and some of their friends who do not know me)” requested denial of “a change of ownership application”. In fact, the many letters known to me from concerned stakeholders and members of the community to the City of Sebastopol and the California Department of Alcohol Beverage Control were largely in protest of approval for a license to permit Mr. Sheldon to engage in the sale and service of alcohol.
Mr. Sheldon opines that “a citizen should not be blocked from opening a restaurant serving beer and wine because former employees demand as much”. In fact, Mr. Sheldon was denied approval by the City of Sebastopol because of “a history of inappropriate behavior in the workplace” and “the proposed use is not a restaurant, but rather a bar, which requires a Conditional Use Permit review by the Planning Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
Commission, and also has different parking requirements attendant thereto” (City of Sebastopol Planning Department, May 4, 2022).
There is abundant evidence, carefully considered by the City of Sebastopol in the Findings for Denial, File 2022-020, “that, given the specifics of this case, the issuance of a Use Permit would be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area.” As asserted by the City of Sebastopol Planning Director, there is, in fact, “a history of inappropriate behavior by the proposed owner within and outside of the workplace in several establishments within Sebastopol and the immediate area.” It appears that for at least a decade, Mr. Sheldon engaged in extensively documented behavior involving alcohol for which, in fact, a dozen women have come forward to provide detailed history alleging “repeated instances of sexual harassment, assault and other inappropriate behavior” as well as “unprofessional behavior” such as the service of alcohol to minors. While there exists, in fact, an abundance of evidence to suggest the veracity of these allegations, there is no compelling evidence to suggest that this pattern of behavior did not exist, has changed, or ever will change.
There is no justifiable reason or verifiable evidence to suggest that the Denial of the Alcohol Transfer and Alcohol Use Permit application at 7233 Healdsburg Avenue should be reversed.
Thank you for your consideration of these comments.
Sincerely,
Scott Seidman, M.D., F.A.C.E.P.
Freestone, 95472 CA
cc: Kari Svanstrom
[email protected]
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Kari Svanstrom
Sent: Monday, June 27, 2022 1:32 PM
To: John Jay
Subject: FW: Peter Lowell
-----Original Message-----
From: Simon Lowings <[email protected]>
Sent: Friday, June 24, 2022 11:41 AM
To: Kari Svanstrom <[email protected]>
Subject: Peter Lowell
Hi As residents at 432 Florence Avenue we support Peter Lowells application for a liquor license for a new restaurant on Healdsburg Avenue.We see no reason why it should be denied. Best wishes Simon and Anne Lowings.
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Kari Svanstrom
Sent: Monday, June 27, 2022 1:31 PM
To: John Jay
Subject: FW: PUBLIC COMMENT: Alcohol license, Piala LLC (7233 Healdsburg Ave) Kari Svanstrom
Planning Director
From: Ray Gonzales <[email protected]>
Sent: Thursday, June 23, 2022 12:26 PM
To: Kari Svanstrom <[email protected]>
Subject: PUBLIC COMMENT: Alcohol license, Piala LLC (7233 Healdsburg Ave) Hello,
My name is Ray Gonzales & I'm a resident in Sebastopol, Ca. I'm in support of your denial of the alcohol license for Piala llc. Lowell Sheldon has a well documented, heavily reported history of sexual harassment, assault, worker abuse, and endangering minors as an employer. Abuse of alcohol and illegal drugs were involved in the majority of these allegations. Lowell Sheldon has shown repeatedly that he lacks the professional and moral character to be allowed to operate an alcohol-related business. He has denied many of the allegations Over 750 concerned citizens signed the petition demanding not only that Sheldon be removed from the Freestone Hotel project, but also that he not be granted an alcohol license for future endeavors.
Our community has spoken.
I want to live in a community that supports women, workers, and survivors of sexual violence. I want my two daughters to grow up in this type of community. No action taken here will impact what I do with my businesses in this area & where I spend my dollar. I want Sebasotpol to thrive. Let's not be known for supporting this type of behavior; it will only further stain our community.
Denying an alcohol license is an approrpriate consequence for someone who has a 10+ year heavily documented history of sexual assault, harassment, and workplace abuse involving alcohol.
Thank you for listening & look forward to the right action being taken to address this.
Ray Gonzales
460 Bohemian hwy, Sebaspotol, CA 95472
310-741-9374 cell
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Kari Svanstrom
Sent: Monday, June 27, 2022 1:33 PM
To: John Jay
Subject: FW: public comment on Lowell Sheldon case
From: Zoe Kessler <[email protected]>
Sent: Friday, June 24, 2022 3:41 PM
To: Kari Svanstrom <[email protected]>
Subject: public comment on Lowell Sheldon case
Hello my name is Zoe Kessler. I am a long time sonoma county resident. I would like to add my public comment on the topic of not allowing Lowell Sheldon to own a business or participate in any commerce in Sonoma County. For years Lowell has been a known predator in this area. Many many of my friends and family have reported him as an unsafe and dangerous person. I personally have been a patron at his restaurants and have been made very uncomfortable by him. One night in particular I was sitting at the bar at Lowell's establishment, eating dinner and he was very drunk and kept coming over to me and putting his arm around me and breathing very heavily on me. he has repeatedly tried to insight flirtation with me and each time I have turned him down or completely ignored him, yet he persisted. I never felt comfortable in his presence and especially now hearing other women's stories, I 100 percent support them and we must not let this predator run anymore businesses or give him any sort of power of differential over employees. He is dangerous and should be prosecuted for his crimes.
Thank you.
--
Zoë Lynne Kessler
Holistic Practitioner | Self Care Coach | Massage Therapist "Keeping your body healthy is an expression of gratitude to the whole cosmos, the trees, the clouds, everything." -Thick Nhat Hanh
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Kari Svanstrom
Sent: Monday, June 27, 2022 1:33 PM
To: John Jay
Subject: FW: Reject Appeal of Denial of Alcohol Transfer and Alcohol Use Permit Application, File 2022-020
Attachments: Deny Appeal by Sheldon From Seidman June 1 2022 Freestone.pdf From: Scott Seidman <[email protected]>
Sent: Saturday, June 25, 2022 8:50 AM
To: Kari Svanstrom <[email protected]>
Subject: Fw: Reject Appeal of Denial of Alcohol Transfer and Alcohol Use Permit Application, File 2022- 020
Dear Kari Svanstrom –
After release of the meeting agenda and Staff report for the upcoming June 28th Planning Commission meeting, I noted that my Comment Letter, sent to you via email on June 1st, was missing from the packet. I have attached this email and letter, and request that it be included in the packet.
Cordially,
Scott Seidman
----- Forwarded Message -----
From: Scott Seidman <[email protected]>
To: [email protected] <[email protected]> Sent: Wednesday, June 1, 2022 at 12:39:33 PM PDT
Subject: Reject Appeal of Denial of Alcohol Transfer and Alcohol Use Permit Application, File 2022-020 Dear Kari Svanstrom -
Attached please find my comment letter to reject the appeal by the Applicant of the Denial of Alcohol Transfer and Alcohol Use Permit Application, File 2022-020, Piala LLC.
Cordially,
Scott Seidman
Agenda Item Number 2 Agenda Item Number 2
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From: Kari Svanstrom
Sent: Monday, June 27, 2022 1:34 PM
To: John Jay
Subject: FW: Upcoming appeal regarding Piala restaurant From: Zac Douch <[email protected]>
Sent: Monday, June 27, 2022 11:38 AM
To: Debbi Burnes <[email protected]>; Fernandez, Evert <[email protected]>; Kathy Oetinger <[email protected]>; Kelley, Linda <[email protected]>; Paul Fritz <[email protected]> Cc: Kari Svanstrom <[email protected]>
Subject: Upcoming appeal regarding Piala restaurant
Dear Chair Oetinger and Commissioner’s,
Only a week away from my position on the commission it is ironic that I am moved to write to you regarding the appeal of the staff decision regarding the Piala application for the transfer of an alcohol use permit.
In reviewing the staff report it is perhaps understandable that Kari had pause for concern in approving this application at a staff level on both counts she cited. Clearly the accusation and indeed the acknowledged behavior of Lowell were deeply troubling. Having re read the press coverage it is clear Mr. Sheldon made significant errors of judgement fueled perhaps by character flaws, an unhealthy power dynamic as well as alcohol and a carefree after hours work culture. It is also clear that his behavior had real impact on some staff members. However it does seem that Mr. Sheldon has made efforts to try to make amends; to acknowledge his poor judgment, to apologize, to do the personal work that is required to make a difference to his own behavior and to how he impacts others. He has remained active in the community when others might have withdrawn under this level of scrutiny and bad press.
On balance I believe the proposed use will not adversely affect the health, safety, or welfare of area residents (17.350.020 Paragraph C) and that the applicant has shown that to be the case (17.350.020 Paragraph D) through hiring a HR company and the other steps the applicant has taken. I believe the commission must focus on the use not on one individual associated with the use. If you do allow yourselves to focus on one of the partners and deny this use permit based only on reports of misdeeds as opposed to formal investigations/accusations of criminal behavior, we would be in dangerous territory. Perhaps my opinion would be different if there were police reports or a formal investigation was underway, in such circumstance I probably would want to await an outcome. But there are none.
Whatever your/our personal views are of Mr. Sheldon, as a commission you should not cast judgment on this individual at the cost of a legitimate business use application but rather focus on the use and the finding as they relate to 17.350.020 and crafting additional condition if deemed necessary to allow this application to move forward.
Respectfully
Zachary Douch
Agenda Item Number 2 Agenda Item Number 2
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Thank you,
Zac Douch
ZAC DOUCH : VP
PHONE 707.823.6118 X101
CELL 707.478.7814
[email protected]
EARTHTONE CONSTRUCTION
7775 HEALDSBURG AVENUE, SUITE A
SEBASTOPOL, CALIFORNIA 95472
EARTHTONECONSTRUCTION.COM
Agenda Item Number 2 Agenda Item Number 2
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June 23, 2022
To whom it may concern,
I am writing to you in support of your denial of the alcohol license for Piala LLC and to urge you to stand firm in your decision, even as Lowell Sheldon appeals it. Lowell Sheldon has a well documented, heavily reported history of sexual harassment, assault, worker abuse, and endangering minors as an employer. Abuse of alcohol and illegal drugs were involved in the majority of these allegations. The denial of an alcohol license is an appropriate consequence for a man who has a well-documented 10+ year history of sexual assault, harassment, and workplace abuse involving alcohol.
My family and I moved to Freestone almost three years ago and feel so lucky to live in such a beautiful place, and also one that prides itself on progressive values and doing things differently than the status quo. We are proud to raise our two young children here. When we first heard of Lowell Sheldon’s hotel project just steps from our front door, we were interested, especially since we’d heard of Sheldon and had been to some of his restaurants. But then we started hearing the stories. From neighbors, our hair stylist, people coming by our farm stand. We were told that it was a well known West County secret that Sheldon “made women uncomfortable”.
We did some research and discovered that some of his employees had quit in protest of his toxic and abusive behavior. After listening to their stories, we knew we could not support any project he was involved in.
When the SF Chronicle and the North Bay Bohemian researched and reported on Sheldon’s long running and extensive abuse, harassment, and assault of not only his employees but also women in the community, it was heartbreaking to read through the details of what many people we now consider friends have gone through. The bravery they showed in coming forward to publicly state what so many had turned a blind eye to, swept aside, refused to act on, can not be overstated.
Sheldon’s other restaurants in Sebastopol all chose to sever ties with him when his vile actions became public. The fact that his three previous businesses saw him as a liability once the public at large was made aware of exactly how Sheldon acted when in a position of power should speak volumes. It would be completely negligent to allow someone with his history to open yet another establishment with alcohol sales given his well documented history of abuse.
He has shown no remorse, both he and his family and friends continue to harass the survivors and their allies. His story has changed many times, but one of the more telling things he’s said of late is that he won’t be a part of the day to day operations of the business. Why would he need to make that clear? Is it perhaps because he presents a danger to his employees and is not to be trusted around them?
Ultimately, you found his application for a liquor license to be lacking, and I think it’s clear you made the right decision. Over 750 concerned members of our community have signed a Agenda Item Number 2 Agenda Item Number 2
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petition demanding that Sheldon be removed from his Freestone Hotel project and that he never be allowed to serve alcohol in our community again, due to all of the harm he has caused women and workers in West County. We want to live in a place that protects women and workers from sexual abuse, assault, and harassment, that believes and stands with survivors, and you can do that by upholding your decision to deny Lowell Sheldon a liquor license.
Sincerely,
Jacqueline Gleason
SoLuna Homestead
Sebastopol
Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Jim Haidler <[email protected]>
Sent: Monday, June 27, 2022 11:10 AM
To: John Jay
Subject: Oppose Peter Lowell liquor license
I oppose granting a liquor license to any operation run by Peter Lowell. He has been shown to be someone of Ill repute by many credible sources. His continued participation in businesses of Sebastopol will only enable him to continue his abusive behavior and damage the reputation of this city. Paila is less than a block from my home.
Jim Haidler, 569 Cleveland Ave, Sebastopol CA 95472
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Agenda Item Number 2 Agenda Item Number 2
City Council Meeting Packet of August 31, 2022
From: Michelle Kelly <[email protected]>
Sent: Monday, June 27, 2022 11:35 AM
To: John Jay
Subject: Opposition of Alcohol Use Permit for Piala
Thank you for the opportunity to comment on the application for a liquor license for Piala, a restaurant associated with Lowell enterprises. I live near the restaurant and am compelled to oppose a liquor license for Piala.
Numerous credible witnesses have outlined a history of sexual harassment and abuse by Lowell in his other restaurants. It’s critical to note Lowell’s record of sexual harassment targeted his employees who were dependent on income from their jobs. This record of employer abuse does not reflect the values of our community and needs to influence the city’s decision as to whether or not to grant a liquor license. I urge you to decline the alcohol use permit based on past employer practice.
Respectfully,
Dr. Michelle Kelly
591 Cleveland
707 498 7773
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To:
City of Sebastopol Commissioners June 26, 2022
I am writing this letter of support for Lowell Sheldon and Jeff Berlin and their pending restaurant project in Sebastopol called Piala. I am writing because I have known both Jeff Berlin and Lowell Sheldon for many years. I was a wine sales person who saw these men regularly in a professional capacity. Since that time, I have remained friends with both Jeff and Lowell.
I support the project because I think they will bring something of value to Sebastopol with a new venture that showcases food and wine from Georgia. My friends in the area are also very curious and interested in trying this restaurant.
And knowing both gentlemen from past restaurant incarnations, their new spot will be a wonderful addition to the Sebastopol community.
I know that Lowell has made some immature and bad decisions in the past regarding his behavior around employees. Yet, I am convinced that he has made efforts to understand the errors of his ways and learned from this experience. He has taken concrete action to change his behaviors.
In addition, it is my understanding that Lowell will not run the establishment but merely design and implement the concept. Jeff Berlin has ample experience in running a restaurant in a professional manner and will bring his expertise to Piala as he has done in past ventures in the Bay Area where I knew him for many years.
You should allow this project to go forward and bring a breath of fresh air to the community by providing another excellent dining choice to our little corner of Sebastopol.
Sincerely,
Andrea Lederle
Graton, Ca
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From: Cari Wynkoop <[email protected]>
Sent: Tuesday, June 28, 2022 12:04 AM
To: John Jay
Subject: Oppose Piala liquor license
Dear Mr. Jay,
I live in the neighborhood directly across from the proposed wine bar, Piala. Cleveland Avenue is a culde-sac with a semi-blind hill, connected to the Joe Rodota trail. It is a favorite entryway for walkers, cyclists, and kids.
We have noticed an increase in traffic, high-speed turnarounds, and more parked cars attending the numerous restaurants in the area. There is very limited parking in the lot adjoining Piala. Additionally, the crosswalk connecting our street to the other side of Healdsburg Ave is poorly marked, and without crossing lights.
Despite the applicant's attempt to rebrand Piala as a restaurant, the language on the website (as of 6/27/22) reflects a very wine-forward and bar-focused environment. The hours are also listed as 4:30pm-11pm.
I have children and do not want to see increased traffic, more parking on our street and--most importantly--higher risks of people driving under the influence.
We are also located near the high school, with teenagers regularly walking by and near the proposed site of Piala.
Heightening the concern is the applicant, Lowell Sheldon's, demonstrated lack of responsibility and abuse of managerial power, specifically against young women. Substantiating the claims and causes for concern, Khom Loi (one block away, and the former site of Lowell's) severed ties with Lowell. They were the fourth restaurant to do so.
This is not an appropriate or safe location for a liquor-licensed wine bar.
Cari Wynkoop
580 Cleveland Ave
Sebastopol, CA 95472
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From: Stephen Zollman <[email protected]>
Sent: Monday, June 27, 2022 11:46 AM
To: John Jay
Subject: Oppose Peter Lowell liquor license
I oppose granting a liquor license to any operation run by Peter Lowell. He has sexually harrassed many of his female employees, this backed by many credible sources. This type of behavior towards women is never acceptable, especially now in light of our Supreme Court's ruling. His continued participation in businesses of Sebastopol will only enable him to continue his abusive behavior and damage the reputation of this city.
Paila is less than a block from my home.
Stephen Zollman, 569 Cleveland Ave, Sebastopol CA 95472 Agenda Item Number 2 Agenda Item Number 2
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From: marylee guinon <[email protected]>
Sent: Tuesday, August 23, 2022 10:39 AM
To: Kari Svanstrom; John Jay; Patrick Slayter; Neysa Hinton; Una Glass; Sarah Glade Gurney; Diana Rich
Cc: marylee guinon
Subject: Appeal PC’s Decision to Approve Piala Alcohol Use Permit, File 2022-020 August 22, 2022
City of Sebastopol
Patrick Slayter, Mayor
Neysa Hinton, Vice Mayor
City Council Members
Una Glass, Sarah Glade Gurney and Diana Rich
Kari Svanstrom, Planning Director
7120 Bodega Avenue
Sebastopol, CA 95472
RE: Appeal PC’s Decision to Approve Piala Alcohol Use Permit, File 2022-020 Dear Patrick Slayter, Neysa Hinton, Una Glass, Sarah Glade Gurney and Diana Rich:
I appreciate the opportunity to provide comments to City Council on the appeal of the Conditional Approval of the Alcohol Use Permit for APN 004-251-023 (File 2022-020), Piala LLC. The purpose of this letter is to respectfully ask that City Council earnestly ascertain your authority in this matter, and then employ your discretion in exercising your full authority to protect the health, safety and welfare of community residents.
Acknowledged Risk to Health and Safety
As stated in the Sebastopol Municipal Code §17.350.020, the City is charged with the responsibility to consider, and the authority to act on “whether the proposed use will adversely affect the health, safety or welfare of area residents”.
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The Planning Commission and City staff invested considerable time in research and public hearings regarding Piala’s application for an alcohol use permit. As recognized in the May 4, 2022 Findings of Denial from the City of Sebastopol Planning Department and the June 28, 2022 staff report, and voiced by several of the Planning Commissioners and members of the public in two public hearings, it has been established in the administrative record that Sheldon poses a risk to the health and safety of area residents. At the July 12 public hearing (ca. 29 minutes) Sheldon’s’ attorney Mr. Haroche acknowledged the “perceived risk” and why the proposed conditions “divorced Lowell from alcohol”.
Applicant’s Burden of Proof
Furthermore, staff and Commissioners, throughout the appeal meeting on June 28, 2022 clearly established that, as stated by Kari Svanstrom: “The applicant had not met the burden of proof regarding safety and welfare of the community” (May 4, 2022 Findings of Denial from the City of Sebastopol Planning Department).
Sebastopol Municipal Code §17.350.020 D states: “In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and convincing evidence that the proposed use will not adversely affect the health, safety or welfare, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby communities.” Before City Council proceeds, this burden of proof requirement should be met pursuant to Sebastopol Municipal Code §17.350.020.
Consider Use and Applicant/Owner
The City has the authority and responsibility to consider both the Use and Applicant/Owner. The nexus of Applicant and Use cannot be separated. It is imperative that the City Council ascertains your authority in this appeal process. The nexus of Owner and Use is specified in the Sebastopol Municipal Code §17.350.020 E: “The Planning Commission, or City Council on appeal, may impose any conditions on the applicant or proposed location reasonably related to the health, safety or welfare of the community.”
Combined with your responsibility to consider, and the authority to act on “whether the proposed use will adversely affect the health, safety or welfare of area residents” (Sebastopol Municipal Code §17.350.020), I urge City Council to take actions to ensure that the location and the applicant do not present a risk to the community. I ask that you consider whether the approved Conditions actually mitigate the acknowledged risks to public welfare and safety in our community. I believe you will find that the Conditions do not mitigate the risk and the Conditions are unenforceable.
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Unenforceable Conditions
June 28, 2022 Planning Commission meeting, Kari Svanstrom explained to the Commissioners that:
“They (the conditions) do need to be done in a way that’s enforceable and objective in their metrics.” The Conditions proposed to mitigate the acknowledged risks are unequivocally unenforceable.
Requiring a business partner (Jeff Berlin) to enforce conditions that would without question negatively impact the business is incongruous. And, it is unfathomable to rely upon the public and Piala workers to enforce the conditions, especially given the corroborated reports of sexual harassment, toxic workplace, and illegal practices such as the serving of alcohol to underage workers. These workers did not feel safe or empowered to speak out.
The Planning Commissioners expressed concern that Sheldon failed for years to accept responsibility for his actions. Therefore, it is unrealistic to expect any behavioral change. Sheldon recently dismissed the allegations stating his decade-long behavior “did not meet the standards of today”. This quote alone speaks for itself.
Conditions and mitigation measures placed on a project must be enforceable, and if the City is unable to enforce such conditions of approval, the project must be judged by the facts sans mitigations.
I understand the Planning Commissioners were told that their authority was limited and this resulted in compromises in the process. I urge City Council to confirm its authority to ”impose any conditions on the applicant or proposed location reasonably related to the health, safety or welfare of the community,” and exercise your sound judgment in considering enforceable conditions.
Operating within its authority, City Council could deny the Conditioned Approval of the Alcohol Use Permit, or prohibit Lowell Sheldon from entering the restaurant premises.
Respectfully,
Marylee Guinon
Freestone, CA 95472
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From: Jacqueline Gleason <[email protected]> Sent: Wednesday, August 24, 2022 2:39 PM
To: Kari Svanstrom; John Jay; Patrick Slayter; Neysa Hinton; Una Glass; Sarah Glade Gurney; Diana Rich
Subject: Appeal the approval of Paula’s alcohol use permit Dear Sebastopol City Council:
I’m writing to ask that you approve the appeal against granting an alcohol permit to Piala LLC (7233 Healdsburg Avenue) and uphold the original denial of the Planning Commission.
As a friend and supporter of many of the women harmed by Lowell Sheldon, I was heartened to hear the initial reaction from the Planning Commission. Their denial and response to Sheldon’s appeal demonstrated an understanding of what was at stake for our community with their decision. Their subsequent decision to approve the conditional use permit came as a surprise, and a disappointment to me and those of us who only want to prevent future harm to women and workers in Sebastopol.
The facts seem plain. Sheldon was credibly accused of sexual harassment and sexual assault by over 11 women, as has been extensively reported by the SF Chronicle, North Bay Bohemian, and the Press Democrat. Sheldon was also found guilty of violating the terms of his employment at Fern Bar by an outside investigation initiated by the other owners of the restaurant after an employee complaint. As a result of this, his three restaurants chose to part ways with him, choosing to buy him out of his ownership stake rather than continue to risk their employees’ well-being by having him involved. Since then, Sheldon has pursued opening new projects in Freestone and this one in Sebastopol, despite repeated calls from the community for him to take some time away from the spotlight to reflect and reform.
Working with the survivors this past year has demonstrated one thing very plainly, Sheldon takes no responsibility for the harm he has caused. Despite his claims before the planning commission just a few short months ago, where he talked of the therapy and deep work he’s been doing, he just this week sent out a letter to his mailing list with his letter to this council attached, categorically renouncing about responsibility for the deep harm and trauma he has caused so many people around him. This directly contradicts his claims to be a reformed man who understands the harm he caused and is striving to move forward. This robs his survivors of any form of hope for accountability. He claims himself a victim of the Me Too Movement, despite the only real accountability he’s faced has been being removed from his restaurants, where he received a fair buy out deal (which he fails to mention in all of his narrative spinning about how he’s the only one who has suffered).
His survivors and supporters have only asked that he not be in a position of power to serve alcohol and continue to perpetuate harm to women and workers around him, which he will undoubtedly do since he sees nothing wrong with the way he’s acted while running his restaurants, as he’s said himself just a few days ago.
The City Council has every right and in fact every obligation to take into consideration the potential for public harm when issuing a conditional use permit. According to city code, "[T]he applicant for the conditional use permit shall have the burden of proving by clear and convincing evidence that the proposed use will not adversely affect the health, safety or welfare, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby communities" (17.350.020 (D)). The burden of Agenda Item Number 2 Agenda Item Number 2
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proof is on the applicant, and he himself has stated that he has done nothing wrong, despite extensive, documented evidence to the contrary.
Additionally, the condition imposed by the Planning Commission (that Sheldon not be allowed to serve or consume alcohol on the premises, or be in a managerial role) does not actually mitigate any potential harm because it is completely unenforceable. Anybody who is willing to be a patron at Piala is either a supporter of Sheldon’s or unaware of the situation and thus unable to report any wrongdoing. This places the burden of keeping women and workers safe at this restaurant on the community, and especially those already harmed. It is unimaginable that this condition will have any real effect at keeping people safe, and indeed if something was reported somehow, the result of that is yet another person being traumatized by a known predator.
All this is not to say that I don’t believe in reform. And second chances. And people learning from their mistakes. Because I do, wholeheartedly. It is part of my deeply held personal and political beliefs. But this type of reform requires somebody to reflect and acknowledge the harm caused, to listen and honor the wishes of those harmed, and to put in the work of making it right. And that is not what is happening here. Instead we have a person who has continued to harass survivors and allies for the better part of a year, enlisting his own friends and family to do so, as was documented to the Planning Commission. We have a person who now renounces any responsibility for this harm, ignores any requests by his survivors, and pushes forward down the same path.
I urge you to consider the significant risk to the community posed by Sheldon’s involvement in an establishment serving alcohol and to either deny the conditional approval of the alcohol permit or prohibit Sheldon from entering the premises under any circumstances.
Sincerely,
Jacqueline Gleason
Freestone, CA
Sent from my iPhone
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From: City Council
Sent: Tuesday, August 23, 2022 8:30 AM
To: Una Glass; Sarah Glade Gurney; Neysa Hinton; Diana Rich; Patrick Slayter Cc: Lawrence McLaughlin; Kari Svanstrom; John Jay
Subject: FW: Appeal of Planning Commission Request
Good morning
Please see email related to City Council agenda item.
Due to the COVID-19 Shelter in Place Orders by the County of Sonoma and State of California, City Administation Offices are closed to the public; but City staff is answering phones and emails and making in person appointments when needed. Mary Gourley
-----Original Message-----
From: M.MILLS-THYSEN <[email protected]>
Sent: Monday, August 22, 2022 8:47 PM
To: John Jay <[email protected]>
Cc: City Council <[email protected]>; Kari Svanstrom <[email protected]>
Subject: Re: Appeal of Planning Commission Request
To our City Council,
We strongly support the original decision by our Sebastopol Planning Director to deny an alcohol use permit to Lowell Sheldon for 7233 Healdsburg Avenue. We believe the Planning Commission wrongly decided to approve the appeal to reverse that decision.
We support the application from Jesse Hom Dawson to appeal the Planning Commission decision to allow the alcohol transfer permit to go forward.
We urge the City Council to deny the alcohol use permit at 7233 Healdsburg Avenue, and at any other location in our city where Mr. Sheldon attempts to manage a public business, as he has shown himself to be an inappropriate actor in the public arena.
The right of workers to work environments free from harassment and other unsafe practices should take precedence over pressures by individuals who have demonstrated themselves untrustworthy. We hope you will vote to put your consideration of workers first.
Thank you for your consideration,
Mark and Marghe Mills-Thysen
Sebastopol Residents
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From: City Council
Sent: Tuesday, August 23, 2022 8:31 AM
To: Una Glass; Sarah Glade Gurney; Neysa Hinton; Diana Rich; Patrick Slayter Cc: Lawrence McLaughlin; Kari Svanstrom; John Jay
Subject: FW: Piala Alcohol use permit
Good morning
Please see email related to City Council agenda item.
Due to the COVID-19 Shelter in Place Orders by the County of Sonoma and State of California, City Administation Offices are closed to the public; but City staff is answering phones and emails and making in person appointments when needed. Mary Gourley From: Sam Levy <[email protected]>
Sent: Tuesday, August 23, 2022 8:06 AM
To: City Council <[email protected]>
Subject: Piala Alcohol use permit
To the members of the Sebastopol City Council,
I just recieved another of Lowell's letters, and this time I feel obligated to provide my thoughts having experienced the damage in his wake first hand.
My partners and I took steps to remove him from Fern Bar as quickly as possible once we learned of his behavior. I did not feel comfortable with him having any contact with our staff nor access to our restaurant from the very beginning once I saw how he behaved with regularity.
He denied responsibility and ignored all of our business partners requests to address his behavior over the years. Every time an appology and empty words followed direct confrontation. He repeated behavior publicly and privately that endangered our employees, our business, and our reputations. It became clear he did not intend to nor could change.
I would strongly recommend and request that however possible, you not allow Lowell to gain access, controll, or influence in any way over young women and men where alcohol is available. I spent 2 years insulating Fern Bar from him, and after years he had not made any behavioral changes nor made any acknowledgement that he needed to. He always denied fault, brushed off the damage he caused others as insignificant or imagined, and only made appolgies as a calculated manuever. Never did they seem genuinely felt, because he never changed his behavior. The only thing that worked for us to protect our team and community was a complete removal from access to the restaurant then when possible a redemption of his shares in the business.
I have seen first hand how he weilds power, and his letters over the years have shown a complete lack of understanding how damaging and dangerous his influence can be. It isn't the media, it isn't 'me too', it isn't a false narrative, Lowell is a danger to our community and I would never ever allow my daughter or anyone's daughter I know to work for any restaurant he owns because I know it is only a matter of time before something else happens. He believes his own lies. I hope you don't.
Sam Levy
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c.707.321.7441
w.707.861.9603
www.fernbar.com
6780 Depot St. #120
Sebastopol, CA 95472
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From: Barbara Harris <[email protected]>
Sent: Tuesday, August 23, 2022 11:47 AM
To: Lawrence McLaughlin; Mary Gourley; Kari Svanstrom; John Jay Cc: Sarah Glade Gurney; Una Glass; Diana Rich; Patrick Slayter; Neysa Hinton Subject: Lowell Sheldon Request for License
Dear city of Sebastopol decision makers:
I usually don’t respond to the personal business of those requesting assistance from the city of Sebastopol.
However, since I am in the neighborhood of this potential new restaurant, I had received a notice of the request (again) for liquor license.
And, however, since I received (for some reason) once again, a message from Lowell Sheldon, it seems fitting that I take this opportunity to speak my mind (and heart).
In taking the time to read the lengthy letter from Sheldon, about mid-way I realized that it could have been stated within 3 paragraphs, rather than wading through that which revealed a troubled and self absorbed person whose therapist should be accountable for such advice as noted.
In other words, please accept my communication as request to withhold any permit/license of alcohol served and/or any other requests from Lowell Sheldon which involves the city of Sebastopol. I trust that when the county is involved with the planned Freestone property, there will be the opportunity to respond.
Thank you,
Barbara Harris
583 Harrison Street, Sebastopol
(707) 326-6874
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From: Freddie Francis <[email protected]>
Sent: Tuesday, August 23, 2022 10:56 AM
To: Kari Svanstrom; John Jay; Patrick Slayter; Neysa Hinton; Una Glass; Sarah Glade Gurney; Diana Rich
Subject: Please appeal the decision to approve Piala's alcohol use permit August 23, 2022
Dear Sebastopol City Council:
I’m writing to ask that you accept the appeal against granting an alcohol permit to Piala LLC (7233 Healdsburg Avenue).
I’ve worked closely with a number of incarcerated people for nearly a decade. Through this work I have built genuine friendships – some of the people I consider friends have histories of committing violent acts including rape and sexual assault. I believe wholeheartedly in peoples’ ability to address harm they’ve caused, to transform and make amends to whatever degree that may be possible. My life’s work is based upon the belief that no one is disposable.
For the past year I have organized alongside survivors of Lowell Sheldon’s sexual violence, harassment, and workplace abuse. I see clearly that his behavior demonstrates no degree of reformation – only a broader vocabulary with which to defend and obstruct his actions and character. Transformation begins only when someone fully grasps and accepts responsibility for the harm they have caused.
In the past year I have personal knowledge of Sheldon:
• Repeatedly defying survivors’ clear requests for no contact. • Touting a “restorative justice” process as proof of his transformation, when in reality he left the process unfinished.
• Claiming: “I have never sexually harassed or assaulted anyone,” in the same letter he acknowledged telling his employee to “sit on daddy’s lap,” sent August 23, 2022.
The vitriol which I’ve seen him regard survivors of his violence is disturbing.
Piala co-owner Jeffrey Berlin is responsible for enforcing the conditions set forth by the Sebastopol Planning Commission. Of the suggested condition that Sheldon attend Piala only as a patron, Berlin said at the 6/28 Hearing: “I wouldn’t even see it as something that needs to be enforced.”
Anyone who attends Piala as a patron will have either personally justified their support of Sheldon, or be uninformed about his chronic transgressions. Given that the burden of proof is on the city to enforce the conditions set forth by the Planning Commission, and anyone visiting Piala as a patron is likely already a supporter of Sheldon, the conditions are unenforceable.
Extending the benefit of the doubt to Sheldon and his partners puts women’s safety at risk. If Sheldon messes up, the City can change the conditions or withdraw the alcohol permit. But if that happens, it means we have collectively allowed another woman to become a survivor of trauma, starting at ground zero to make her way back to wholeness.
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Sincerely,
Freddie Francis
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View this email in your browser
Dear Friends, Family and Community,
It’s been nearly a year since my last communication. At that time I was in deep reflection on the state of my work life and my past. It was a deeply confusing time. I knew that I had made mistakes and was working to learn from these mistakes, as I had always done throughout my life, but I also knew I was accused of numerous deeds I simply could not apologize for, because they were not true. I didn’t want to fight, mostly because the media narrative was so powerfully distorted that I felt powerless. So I apologized for what I could, and kept my head high knowing who I really was.
In retrospect this approach left me exposed to ongoing harassment. Three former employees viewed themselves as activists, and having sensed my vulnerability, felt empowered to keep fighting to tear me down. They started a campaign to “Keep Lowell Out of Freestone” and sent deceitful and hate filled letters to the City of Sebastopol asking for me to be banned from opening a restaurant. Their ongoing harassment has cost me 10’s of thousands of dollars in legal fees and rent, and made it incredibly difficult for me and my partners to make an honest living doing what we love - which is to create community around the dinner table.
In July we went in front of the Sebastopol Planning Commission looking for a fair hearing from our government body. What we got instead was a hearing in which each member of the Commission judged me as guilty without even pondering whether they had any facts in front of them. Upon negotiating a path to the approval of our use permit, agreeing to a set of conditions that appeased the City's biased concerns, our detractors nevertheless appealed to the City Council. On August 31st we meet with the City Council for what we expect will be our final approval. We plan to open Piala Georgian Cuisine in late September.
It's important that my community has access to the truth and my side of the story. I have submitted my story to the City Council as a public record, and I share it with you below. I hope you will take the time to read it, and that it gives you some insight into the moment we are all living in: one in which the court of public opinion (fueled by internet chat groups and biased news media) has Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 1 of 7 8/24/2022, 8:26 AM
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usurped a fair hearing in our legal system where sworn testimony is the gold standard.
Following today's email we will not use this platform to speak about the past.
We are looking forward to a beautiful and healthy future. We are opening an amazing Georgian Restaurant called Piala in our little town of Sebastopol. The food, wine and culture of Republic of Georgia are truly a gift and we are thrilled to share this passion of ours with each of you. Jeff Berlin, who is my partner and the daily operator of Piala, will be reaching out in September with an opening date, welcoming you to join us for some food and wine. As they say in Georgia - Gaumarjos!
Application: Alcohol Use Permit/ABC Transfer (2020-22) Applicant: Piala, LLC Date: August 31, 2022
I address this to the Sebastopol City Council, News Media, and to the public at large.
I am innocent of all accusations of sexual harassment and assault.
Since these allegations came out in September 2021, I have remained largely silent, and was ready to move on. I thought, erroneously, remaining quiet and compliant was the right and honorable thing to do, a way for me to keep the peace and preserve whatever semblance of a dignified person I still could.
But, as someone who has spent every day of the past year, introspective, contemplating all sides and nuances of these allegations, I have come to conclude that staying quiet and maintaining a stiff upper lip is not the solution and never will be. The only way for me to move forward with my life with a true sense of dignity and self-respect is to speak the truth and share my side of the story.
Before I begin, I will be the first to admit, I’m no angel. I am complex and flawed. I have a stack of mistakes and miscues along with the lessons learned from them, stored deep in my memory bank. I’ve always sought to be a man Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 2 of 7 8/24/2022, 8:26 AM
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who apologized directly to those I have slighted. My entire life has been one long process of reconciling my present with my past, and growing into the future person I hope to be. With God as my witness.
Though I’m no angel, I’m also not the cartoonish predator I’ve been made out to be. While I am more than willing to take complete ownership of the mistakes I did make, I resolutely refuse to take ownership of the ones I didn’t. One of the most significant lessons I’ve taken away from my extensive work in therapy is that I now know how to genuinely apologize and atone for the mistakes I have made - as well as know that I cannot apologize for those I haven’t. For that lesson alone, there are days when I can truthfully say this experience, as painful and humiliating as it’s been, might be one of the best things to ever have happened to me. The strange truth of it is it’s made me a better, more authentic person.
Before I got there, though, I was willing, too willing, to throw out an apology whenever one was expected of me. Too willing to unthinkingly accept the blame cast upon me while too unwilling to speak up when the alleged victims and the newspapers that aided and abetted them distorted events and twisted the facts to suit their needs. Looking back, I have to ask myself why I was so ready to self-gaslight and absorb blame for crimes I knew I hadn’t committed.
For one thing, I didn’t believe I had any other real options. In our current culture, where the court of public opinion is the only one that matters, what kind of person would I be if I didn’t “believe women”? If I, or anyone for that matter, were to argue with an alleged “victim”, I’d be doubtlessly seen as an unreasonable monster. It was an additional misstep to add to the list of all the other “sins” I had already been accused of. If I didn’t deny the allegations, I was damned because I would be agreeing I was guilty, and if I did deny them, equally damned, because it would imply I thought that these women were lying - the most unacceptable and morally reprehensible thing to think at the time. It’s a trap. And I was trapped.
Finding the language today to speak about this with humility and resolve, has been liberating. Understanding the specifics of how my accusers’ way of thinking is broken and how the point was to keep me (and everyone else) from asking too many questions - or otherwise face the very real consequences of being canceled - makes me want to speak up more. Lifting the veil on this has revealed to me many truths both broad and particular. On a broader level, I hate how this broken thinking has eroded due process and stripped us of one Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 3 of 7 8/24/2022, 8:26 AM
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of our foundational truth-seeking tools. I hate how it favors a cruel and sensational mob justice. I hate how it has made us blindly compliant, unthinking and, worst of all, glorify shame and shaming. And I, for one, am done being shamed. Particularly for things I have not done. In no way and in no world am I ready to fall on my sword, have my reputation raked over coals, name smeared beyond recognition, lose my ability to start a business and provide for my family over crimes I didn’t commit or over infractions so minor, no one would ever look at them.
My detractors would have you believe that if I don’t buy into their zealous worldview, I should be heretically punished and cast out. They get to play both victim and judge, controlling the cause and effect, handing down judgment that I am guilty, even though I have never been investigated or convicted of anything. That isn’t justice. It’s a personal vendetta masking as justice.
I was targeted and unfairly rammed into this narrative for several reasons. One, I was the boss. And in this cultural paradigm, having “power” alone is as good as an indictment. The justice merchants of today sell the idea that “power” is mysterious, pervasive and drives every angle of our lives. And that it underpins each and every interaction between men and women, boss and employee.
They would have us believe it is top down and impenetrable. This incomplete notion of power feeds into a pernicious victimhood mentality. In reality power is fluid, and runs in all directions. In reality, we all have agency. We have the agency to choose what to engage with or disengage from. We can see power as either a tool of oppression or a path to liberation. It can be everything or nothing. It is whatever we project onto it, and in this instance, this particular definition of power was abused by some to portray themselves as helpless victims, when in reality, they had agency. They could have chosen to have straightforward conversations in an effort to pursue genuine understanding.
They could have chosen to litigate those accusations in our robust legal system. Instead they chose to wield their power on social media and via journalists, who have significantly more power than I ever had, to tear me down.
Was I always a great boss, each and every day, for twelve years? No. There are many things I wish I could go back and change about how I ran Lowell’s.
But my deficiencies as a boss never overlapped with abusing my power. The overtone of this entire ordeal is a presumption that I wielded power in order to coerce people into doing things. It’s a false premise and one that needs to be discarded. Those that stayed into the evening to have a few drinks after work Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 4 of 7 8/24/2022, 8:26 AM
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did so happily. Those that worked at Lowell’s did so willingly, and could have left at any time to find another job. Indeed, many did, over the years, for a variety of personal reasons. The only reason people ever stayed working at Lowell’s was because they chose to. Because it was a truly decent place to work.
And the other reasons? Here, it gets hazier. To get to the bottom of everything that has happened, I have to recognize that there’s another, truer story beneath this one. The understory might be an overshare, but I think it’s one that’s essential to tell: while I was with my partner, who was my partner both in life and in business, I had an affair. And to make matters worse, this affair was with an employee. We all know the damage that affairs lay to bear and this one was no exception. However, the awfulness of my betrayal must not be confused with sexual harassment or predatory behavior. It was consensual, and because of our callowness, we chose a path of dishonesty.
The affair not only tore apart my family in the most impossibly painful way, but the aftershock of this seismic event also rippled out underground to shake the foundations of our businesses, and the employees felt this. It redefined how employees viewed me.
I bring this painful and intimate part of my past up because I believe these two things - the affair and the sexual harassment allegations - got coiled together and became impossible to decouple. As MeToo grew larger and more diffuse, to encompass everything from rape to a disappointing date, thus equating their seriousness, MeToo became a catchall term for “men doing bad things to women”, whether that bad thing is sexual assault or making someone mildly uncomfortable or having an affair. Although my affair was a separate thing entirely, it dumped me squarely in the “men behaving badly towards women'' category. The affair shocked many of my employees and tested how they saw me. If I was capable of cheating on my partner, then what other ugly man things was I capable of?
Of course, no one spoke openly of the affair at work; it existed in the basement world of rumors, as these things do, the rumor growing insidiously in chaotic and malignant ways. Rightly so, many of the staff had a strong urge to protect my former partner. I suspect that this protective impulse, coupled with the burgeoning MeToo movement, created the perfect conditions to day-by-day mold me into a sexual predator. It was the perfect set-up for employees, especially those carrying their own pain and trauma, to now view me with new Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 5 of 7 8/24/2022, 8:26 AM
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eyes and an out-and-out contempt. Of course, my shortcomings and flaws as a manager early on didn’t help. What started out as a very private personal betrayal slowly became a collective one.
The affair had ended one year before I made my now infamous “sit on Daddy’s lap” comment. A crude and very regretful comment to be sure, but on the whole, a comment too feeble to hang an entire sexual harassment interrogation on. But it’s like that saying about going bankrupt, how it happens gradually and then suddenly. That comment was the suddenly. If employees had been quietly simmering with suspicion and contempt, that comment led to the boil over.
Anyone had the green light now to openly skewer me. Not only skewer me but revise history with abandon. Any and all stories welcome, however distorted, untruthful or self- serving. Run-of-the-mill work activities, like bumping up against someone in a tight kitchen space or a friendly hug or a picture taken while picking plums, were now loaded with dark meaning, anything even slightly questionable now reframed as something mimicking sexual harassment. And the rest, as we all know, is history.
I will say this again: I have never sexually harassed or assaulted anyone.
I am aware that my version of events and the conclusions that I’ve drawn from them might be controversial or seen as denial. A way to absolve myself of the wrongdoing assigned to me. But nothing could be further from the truth. I come to these complicated conclusions from a daily reckoning of the hard truths, a mirror held up firmly to my face, even on days when my heart would rather fail me. In fact, I welcome a good-faith discourse or, better yet, going through a formal process where both sides can ask the hard questions and are accountable to the answers.
I have been made out to be a sexual predator because some of my former employees harbor negative feelings about me. I believe they dislike me not because I harassed them but because I betrayed my partner (and for various other mundane reasons why people dislike each other). There was nowhere to put these bitter feelings, and MeToo gave them the perfect place to express it.
And an overzealous media hungry for a piece of the MeToo pie swallowed this story hook, line and sinker.
Ultimately, I write this not to exonerate myself but to give you, members of City Council, a fuller picture, one that now includes my side of the story, in hopes that it will bring us to a fuller and more balanced understanding. I know that a Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 6 of 7 8/24/2022, 8:26 AM
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true exoneration is impossible. My name will still be left to rot on the forever internet and the stain of being an alleged “sexual predator” will never really wash clean. Instead, I write this, humbly, to ask you to keep an open mind to the intricate truths that underlie these matters, and to grant some mercy as I attempt to start again.
Throughout this past long, difficult, painful year, I have been girded by these words by Salman Rushdie: “Those who do not have power over the story that dominates their lives, power to retell it, to rethink it, deconstruct it, joke about it, and change it as times change, truly are powerless.” I will keep striving for that personal power by telling my story, by integrating my past with the present, all the while seeking truth and staying close to my own fallibility.
Thank you,
Lowell Sheldon
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Lowell Sheldon Statement to Sebastopol City Council https://mailchi.mp/lowellssebastopol/city-council-my-story?e=cef772b124 7 of 7 8/24/2022, 8:26 AM
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City of Sebastopol Planning Commission Hearing June 28, 2022 Public Comment by Naomi Minturn
My name is Naomi Minturn and I am a resident of Sebastopol. I’d like to thank Commissioner Kelly for bringing our attention to the police report filed on September 27th, 2021.
At the time of the account detailed in this report it is noted that Mr. Sheldon already had a documented investigation of sexual harrassment underway from his role at Fern Bar. He had already been removed from direct supervisory contact with employees and asked not to be onsite. In fact, he disclosed all of this to Ms. Doe. He spoke about the work he was doing on himself, including therapy, and his new-found desire to understand consent. He spoke with convincing sincerity, expressed remorse and tearfully expressed a genuine desire to learn from the experience. And yet, within a matter of hours, he would go on to violate Ms. Doe while she was incapacitated after spending the evening drinking with him.
In addition to the accounts of his employees that include experiences of unwanted touching and inappropriate comments you have also received written comments from multiple community members who detail their own experiences with the way Mr. Sheldon attempted to wield his power. Despite his claims that he will have no role in daily operations, to grant him a license to sell alcohol not only places any future employees of Piala in harm’s way, it also increases the risk to the greater community of Sebastopol
Mr. Sheldon and his supporters referenced the fact that criminal charges have not been pursued. The police report in your possession includes a statement from Jane Doe that she did not wish to endure a criminal trial and discouraged the Sheriff's office from pursuing further investigation. Without her participation the investigation could not proceed. Perhaps she and the other survivors of Mr. Sheldon’s abuse held out hope that some measure of accountability and reformation could be achieved through a restorative justice process. It is my understanding that this process was terminated early, in part, due to Mr. Sheldon’s non-compliance. While it has only been 9 months since the public revelation of Mr. Sheldon’s well-documented behavior, which is too short to enact meaningful change, I believe that the statute of limitations on felony forced oral copulation is 10 years in the State of California.
I thank Kari and John for their initial denial of an alcohol license to Mr. Sheldon’s new venture.
As leaders in our community, I urge you to uphold this decision for the safety of the citizens of Sebastopol.
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City of Sebastopol Planning Commission Hearing June 28, 2022 Public Comment by Leah Engel
Good evening, my name is Leah Engel and I am a lifelong Sonoma County resident. I have worked in the restaurant industry in our community for almost 20 years and 6 of those years were spent working for businesses owned by Lowell Sheldon. During that time I experienced and witnessed an extremely toxic, manipulative, and inappropriate work environment while under his leadership.
Lowell would like you to believe that he has learned from his mistakes, that he has done the work and changed his behavior, when the truth is to this day Lowell has denied all but one allegation brought against him, showing that he is unwilling and incapable of taking accountability for his actions. He has publicly disregarded our experiences as untruthful, treating us like second-class citizens in our own community — our experiences do not align with the persona that he and his supporters would like you to believe so they are deemed a lie. It’s clear he does not care or understand the extent of harm he’s caused us. Many of us have also been subject to harassment and intimidation from Lowell and his family members, as have our allies, deepening our trauma.
I ask you tonight, how can we believe he’s reformed if he refuses to take accountability for the harm he has caused his employees and his community members? Should a known predator with at least a decade long pattern of abuse, often fueled by alcohol and drugs, be allowed to open a restaurant that serves alcohol in our community? And would a person who was truly rehabilitated from their abusive behavior willingly choose to put themselves back in an environment that fuels said behavior?
I’ve seen nothing that makes me believe Lowell is truly reformed and have no doubt that if given the opportunity he will continue to use his position of power to cause harm and trauma to our community members. I commend Kari and John for their initial denial and I hope the Planning Commission upholds this decision. Thank you for your time.
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City of Sebastopol Planning Commission Hearing June 28, 2022 Public Comment by Jesse Hom-Dawson
My name is Jesse Hom-Dawson and I was born and raised in Sebastopol, and was Director of Marketing at three of Lowell’s restaurants, as well as a victim of his sexual harassment.
Many of Sheldon’s letters of support mention making mistakes, and how people deserve second chances. Harassing and assaulting women is more than a “mistake”. It’s a purposeful action to assert your position of power over others and use it to get what you want. This is behavior that goes back over thirteen years. This is not his second chance, or his tenth, or his twentieth.
When Sheldon tells you the problem is three disgruntled former employees, not the consequences of his own actions, he does not understand the harm he has caused, and as such will never changed.
I have seen Sheldon reach out to us repeatedly after we told him we wanted no contact with him. I have seen him reach out to my mother when I ignored his missives. He has sent emails to us meant to be intimidating, telling us that by speaking out we are turning the community against us. I have seen him invalidate our experiences and excuse his behavior.
We are not asking to shut down his restaurant, we are simply asking to deny him an alcohol approval use permit. He may tell you he won’t be running the restaurant, but the fact is the alcohol application was in his name, not any of his partners.
I find it significant that when he was a partner in Khom Loi, his other two partners forbade him to talk to any other employees, and had a clause in their contract to easily remove him. One does not set such guidelines unless they believe that if allowed to, Sheldon will continue his inappropriate behavior. If Sheldon must clarify that he won’t be involved in day to day operations at Piala, that shows a lack of faith from his current partners that he can’t be trusted in the restaurant environment.
I have seen him use illegal drugs during workplace hours and in workplace settings, including with one of his current business partners. He has also offered illegal drugs to me or other employees while we are working.
I have seen him removed from the partnerships of three local restaurants for his actions, and banned from multiple local businesses for inappropriate behavior unrelated to the sexual harassment.
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I have seen his ex-business partner and the mother of his children express concern for their children because she is not sure he will truly ever change.
To those who called us power- or money- hungry: We have gained no power or money. I am here because I truly believe he has not changed, and will continue to harm women as long as he gets away with his behavior. And when I look at the dozens of women affected by his actions in the past, the ones who reached out to us on social media, who walked up to us in coffee shops, who passed messages through friends, thanking us for speaking up and finally saying something, I realize this traumatic experience was worth it. Sheldon thinks he is above the law and untouchable, and I hope you will show him that his actions must have consequences.
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City of Sebastopol Planning Commission Hearing June 28, 2022 Public Comment by Alexandra Lopez
My name is Alexandra Lopez and I have worked in West County for the past 4 years and am a former employee of Lowell Sheldon’s and survivor of his abusive behavior.
Lowell Sheldon continues to say that the claims of abuse against him are empty allegations.
I would like to go over the facts.
It is a fact that in 2019 an outside HR professional hired by Fern Bar who interviewed witnesses, reviewed documents, texts and video footage, concluded that Sheldon’s conduct violated Fern Bar policies.
It is a fact that this same evidence was reviewed by the legal teams of the San Francisco Chronicle and North Bay Bohemian and found to be accurate and credible.
It is a fact that despite clearly stating my boundary that I wish to have no direct contact with him, Sheldon has ignored that boundary 3 times by sending me emails with manipulative and threatening language. The most recent occurrence was on june 9th.
It is a fact that before he was removed from his businesses, he was not involved in day to day operations, and during this time sexually assaulted one woman in this community.
In a recent letter written by Sheldon he lists the quantity of time he has spent on various therapies as a way to show he is reformed, specifically listing his engagement with a restorative justice organization.
It is a fact that he withdrew from that restorative justice program.
His facilitators mutually agreed to end their work because he was not meaningfully participating in the program and on several occasions actively went against their guidance. Furt hermore, at the request of the organization, he was asked not to mention their work with him in any public-facing way, which he ignored. This shows me that he was not truly interested in accountability and is only willing to put in effort insofar as it serves his public persona.
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of today. In fact, it was always the "standard" to not harass and assault people. Stating that he was open for 12 years with no complaints is not a measure of how well he ran his business or that he didn't harm workers. Given that the most he can own up to is that he was "sloppy and made some of his employees uncomfortable" does not even begin to show that he has a real understanding of how he caused harm or that he was likely causing harm long before it was "made aware" to him.
Sheldon and partners have stated that he will not be part of day to day operations, presumably as a safeguard to temper fears that he will be a threat to workers. It is foolish to think that he will never be present while workers are on duty. Any time he is on premises, most likely as a diner consuming alcohol, he has the potential to be a threat to workers’ safety.
It is important to recognize the language in the denial letter from the planning commission sent to Sheldon. It states that “granting an alcohol beverage license in this case would therefore have the potential to be detrimental to the health, safety, morals, and general welfare of the community including potential employees, customers, and other members of the general public…” The Commission has the opportunity, as leaders, to uphold the Planning Director’s original decision and show definitively that they see the potential risk of granting Sheldon an alcohol use permit and supporting and protecting their community.
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August 23, 2022
Sebastopol City Council
[email protected]
RE: Alcohol Use Permit, File 2022-020, APN 004-251-023, Piala LLC Dear Patrick Slayter, Neysa Hinton, Una Glass, Sarah Glade Gurney and Diana Gardner Rich:
Thank you for the opportunity to comment for the Administrative Record on the appeal of the Conditional Approval of the Alcohol Use Permit for APN 004-251-023 (File 2022-020), Piala LLC.
The following letter reviews a number of issues and concerns regarding the proposed Piala LLC project.
Many of these issues were raised by the Planning Commissioners during the June 28, 2022 appeal hearing.
The proposed Conditions of Approval have several elements that require the City’s consideration, and upon thorough analysis of these elements, could, through the City’s discretion and authority, result in the following actions:
1. Find that the burden of proof has not been met through clear and convincing evidence by the Applicant(s) that the proposed use will not adversely affect the health, safety or welfare of area residents.
2. Find the Conditions of Approval to be unenforceable.
3. Find the conditions for compliance with a bona-fide eating establishment inadequate.
4. Deny the Conditional Approval of the proposed Alcohol Use Permit, or adopt enforceable Conditions.
1. Authority and Responsibility of the City of Sebastopol As established in the Sebastopol Municipal Code §17.350.020, the City is charged with the responsibility to consider, and the authority to act on “whether the proposed use will adversely affect the health, safety or welfare of area residents”.
The nexus of Owner and Use in the Municipal Code cannot be separated. A simple example is a proposed child care center use where the owner/applicant is a registered child sex offender. Likewise, as an example in this case, the use does not permit service of alcoholic beverages to minors. If the owner is shown to have engaged in this illegal behavior (as has been alleged), then the owner of that use creates a risk that “will adversely affect the health, safety or welfare of area residents”.
This nexus of Owner and Use is further clarified in the Sebastopol Municipal Code §17.350.020 E: “The Planning Commission, or City Council on appeal, may impose any conditions on the applicant or proposed location reasonably related to the health, safety or welfare of the community.” The City of Sebastopol has both the authority to act, and the responsibility to ensure that neither the location nor the applicant present a risk to the community.
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2. Burden of Proof
In the May 4, 2022 Findings of Denial from the City of Sebastopol Planning Department, it was noted that “the alcohol license is being denied based on a letter of protest that was submitted by several individuals which indicates a history of inappropriate behavior in the workplace”.
Sebastopol Municipal Code §17.350.020 D states:
In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and convincing evidence that the proposed use will not adversely affect the health, safety or welfare, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby communities.
Staff and Commissioners, throughout the appeal meeting on June 28, 2022 clearly established that, as stated by Kari Svanstrom: “The applicant had not met the burden of proof regarding safety and welfare of the community”. During the appeal process, the applicants and their attorney failed to present clear and convincing evidence to counter the statements and position of the Planning Department, despite ample uncensored and unconstrained opportunity to do so. The failure to meet this requirement was repeatedly confirmed by members of the Planning Commission:
As Commissioner Fritz stated following the presentation by the applicants and their attorney:
“We need to not deny that these are real allegations.”
“He has not learned and he is not respecting people’s boundaries.” “From what I’ve seen and heard tonight, I don’t know that I believe that Lowell is a changed person.”
“I can’t say Lowell is a changed man, and that I have no problem or no concern that he will not be a threat in the future. I just don’t have that…understanding.” “I do really have concerns about Mr. Sheldon’s involvement at this point and what it could mean to the health, safety and welfare of the workers at the restaurant.” Comments by Commissioner Burnes included:
“I feel very uncomfortable with a lot of the comments tonight, leading me to believe, not only does Lowell not take what happened, and has done his piece in, um, his own self, you know, but also that his supporters haven’t.”
“We heard that, you know, that he has worked very hard to change, but we saw little evidence of that. As I stated, we saw evidence to the opposite.”
“We’re talking about women who have been violated and someone mis-using their power.” “I wish we were in a situation where, as our lawyer said, where he had proven to us as a Commission that he has changed.”
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Commissioner Fernandez noted:
“Would I feel comfortable having my daughter working there, and the answer to that is that I couldn’t honestly say that I would.”
“I’m in line with the other Commissioners in my concerns with this, to deny this.” It is thus clear that the Planning Commissioners agree with the May 4, 2022 Staff assessment that the requirements of Sebastopol Municipal Code §17.350.020 have not been met, and continue to maintain that Mr. Sheldon, as an owner of the proposed use, presents a risk to the safety and welfare of the community.
3. Unenforceable Conditions
Per Sebastopol Municipal Code §17.350.020:
E. The Planning Commission, or City Council on appeal, may impose any conditions on the applicant or proposed location reasonably related to the health, safety or welfare of the community.
As established in the following section (4), the Conditions proposed to mitigate the risks the applicant and proposed use create to the health, safety or welfare of the community are unenforceable.
As there is currently an acknowledged absence of “clear and convincing evidence” establishing that there is not now, nor ever will be any potential episode where Mr. Sheldon’s alleged and documented dangerous behaviors might occur, there exists the real risk that any a violation of these unenforceable conditions may result in permanent, life-altering trauma for any additional victim(s). Thus, the use of unenforceable conditions is not the mechanism by which to either assure compliance or mitigate risks that would prove to “be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons”.
In the absence of evidence to the contrary, any condition that allows the presence on site by Mr.
Sheldon during or out of regular business hours would potentially create the situation where Mr.
Sheldon could exercise hierarchical power over staff and employees. Further, as the unenforceable conditions do not prevent Mr. Sheldon from arriving inebriated, his intoxicated presence, with any attendant behavioral indiscretions involving staff, employees or patrons, would not be prevented.
As noted by Commissioner Burnes:
“I haven’t seen him demonstrate the ability…If it (conditions) doesn’t (work), another woman has been at the end of that, and I am just not willing to be the person to say OK, let’s see if this time he can adhere to it.”
“This is a history of violation after violation and so I am not comfortable with making the condition that he won’t be there, because I haven’t seen him show us that he has respect for the these, um, rules when they’re set in place.”
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Commissioner Fernandez states, regarding unenforceable conditions:
“I don’t know that any conditions can be placed to ensure that, other than (Sheldon) not being part of it.”
“It’s not a decision where, OK, if it don’t work out, you know, it’s unfortunate. It’s, we’re talking about people’s lives.”
The attempt to create Conditions of Approval that are, by their nature, unenforceable vacates any potential effect these conditions could provide. When describing the role of conditions for approval in the June 28, 2022 Planning Commission meeting, Kari Svanstrom explained to the Commissioners that:
“They (the conditions) do need to be done in a way that’s enforceable and objective in their metrics.”
Any proposed project that requires conditions of approval that cannot be enforced should not be approved.
4. Responsibility for Enforcement
As currently proposed in Exhibit B, Draft Conditions of Approval, (Staff Report PC_7-12-22), all enforcement of Conditions 2 and 3 shall be the sole responsibility of proposed Applicant Jeffrey Berlin:
2. Applicant shall not permit Lowell Sheldon to exercise, directly or indirectly, any personnel - related responsibilities in connection with the ownership, management, or operation of the subject business, including without limitation:
a. the hiring, training, management, supervision, review, discipline, or termination of any employee; or
b. the fielding, review, investigation of, or response to any employee complaints or concerns.
3. Applicant shall prohibit Lowell Sheldon from serving or consuming alcohol in any capacity while on the premises.
Mr. Berlin is described as a co-owner and business partner in this proposed project. As such, he has significant conflict of interest as the sole individual responsible for enforcement of the proposed Conditions, any violation of which could result in substantial personal financial loss as well as potential permanent and life-altering trauma to any future victims, with attendant liability. Thus, Mr. Berlin is incentivized not to report such violations.
Moreover, to ensure compliance with all conditions for which Mr. Berlin would be held responsible, his presence would be necessary whenever Mr. Sheldon is on site, both during and out of regular business hours. This is an unenforceable condition.
Mr. Berlin would be required to personally observe and/or potentially serve all beverages provided to Mr. Sheldon when on site. This is an unenforceable condition.
Mr. Berlin would have to personally observe and prevent other individuals, both staff and patrons, from providing alcoholic beverages to Mr. Sheldon when on site. This is an unenforceable condition.
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Mr. Berlin would have to personally review and assess all communications, both verbal and non-verbal and direct or indirect with personnel via telephone, email, text and in person by Mr. Sheldon or through an intermediary, agent or representative of Mr. Sheldon to assure that Mr. Sheldon has had no contact or influence in any way with any individual for any matter that might be construed as personnel-related.
This is an unenforceable condition.
Any proposed project that requires conditions of approval that cannot be enforced should not be approved.
5. Bona-fide Eating Establishment
Exhibit B, Draft Conditions of Approval, section 7 requires:
“The establishment shall be maintained as a bone-fide (sic) restaurant…a) The menu shall at all times serve full meals, in addition to any such smaller plates proposed.” The California Department of Alcoholic Beverage Control (“ABC”) has required that restaurants that serve alcohol “Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises” (BPC §23038).
The interpretation of “actual and substantial sales” has previously been defined by the ABC for regulatory purposes to be that in each case where food is served, the applicant must keep records and show that a minimum of 51% of gross receipts are from food sales. Although this specific ABC wording has recently changed, this is the standard used by many municipalities. For example, the Planning Department for the City of San Francisco, based on a standard developed after both examination of Washington DC’s Planning Code and averages reported by the National Restaurant Association, has defined a Bona-fide Eating Establishment that serves alcohol as follows (San Francisco Municipal Code Article 1, General Zoning Provisions, §102 B):
(e) The restaurant must secure significant revenue from food and non-alcoholic beverage sales. Significant revenue from food and non-alcoholic beverage sales shall mean either:
(1) A minimum of 51 percent of the restaurant's gross receipts shall be from food and non-alcoholic beverage sales prepared and sold to guests on the premises. Records of the restaurant's gross receipts shall be provided to the Department upon request (2) Annual gross food and non-alcoholic beverage sales prepared and sold to guests on the premises of at least $4,200 per occupant based on the premises’ maximum occupant load as determined and approved by the San Francisco Fire Department and Department of Building Inspection
Due to the initial and well-documented intent of the Applicant to open a bar, and with consideration, when compared to restaurants of a similar nature, for the limited and minimally-amended bar menu update provided as evidence of performing as a bona-fide eating establishment, as a condition of use for a permit for the service of alcohol at a bona-fide eating place, the City could use its discretion and authority to ensure compliance with intent, and require, as utilized by other municipalities, either of the following conditions:
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1. An independent quarterly or biannual accounting that establishes that 51% or more of gross receipts are derived from the sale of food and non-alcoholic beverages
2. Annual gross food and non-alcoholic beverage sales prepared and sold to guests on the premises be at least $4,200 per occupant based on the premises’ maximum occupant load as determined and approved by the Sebastopol Fire Department and Sebastopol Department of Building and Safety
These conditions have been well-vetted for regulatory purpose, and are currently utilized as defining a Bona-fide Eating Establishment by other municipalities including the City of San Francisco. As such, the Applicants should be readily compliant with these conditions.
As noted by Ms. Svanstrom, these additional proposed conditions would be both “enforceable and objective in their metrics.” Based on history and prior statements and actions by the Applicant, addition of these conditions is important to assure compliance. As noted by Commissioner Burnes in describing the history and behavior of the Applicant: “I haven’t seen him show us that he has respect for the…rules when they’re set in place”, and “This is a history of violation after violation”.
IN SUMMARY:
1. The Administrative Record documents that the Applicants have not shown that the proposed use will not adversely affect the health, safety or welfare of area residents.
2. The proposed Conditions of Approval are unequivocally unenforceable.
3. The Proposed Conditions of Approval cannot ensure that Mr. Sheldon will not adversely affect the health, safety or welfare of area residents.
4. There is reasonable doubt that the proposed use will meet the requirements of a bona- fide eating establishment without additional enforceable and objective conditions.
REQUESTED ACTIONS:
1. Deny the Conditioned Approval of the Alcohol Use Permit, or
2. Prohibit Lowell Sheldon from entering the restaurant premises, and
3. Require enforceable and objective Conditions of Approval for a Bona-fide Eating Establishment
Thank you for your consideration of the issues presented above.
Cordially,
Scott Seidman, M.D., F.A.C.E.P.
Freestone, CA 95472
cc: Kari Svanstrom: [email protected]
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To: Sebastopol City Council Members
From: Leah Engel, Freddie Francis, Jacqueline Gleason, Ray Gonzalez, Jesse Hom-Dawson, Alexandra Lopez and Naomi Minturn
Re: Alcohol Use Permit for Pialla LLC
August 24, 2022
Dear Patrick Slayter, Neysa Hinton, Una Glass, Sarah Glade Gurney and Diana Gardner Rich:
We are writing to you as a group of survivors and supporters to express our concerns regarding the alcohol use permit for Piala LLC. Some of us have personally experienced Lowell Sheldon’s abuse as former employees. The administrative record leading up to the Planning Commissioners June 28, 2022 appeal hearing contains a detailed account of our concerns that the proposed use “will adversely affect the health safety and welfare of area residents” and we do not believe the applicant met the burden of proof to demonstrate otherwise. In addition, the conditions of approval are unenforceable and do not provide sufficient protection to potential employees or patrons of Piala or to area residents. We are seeking only to prevent another woman in our community from having to experience a life-altering trauma. We ask you to use your authority to:
1. Deny the conditional approval of the proposed Alcohol Use Permit or
2. Prohibit Lowell Sheldon from entering the restaurant premises With Sheldon as Owner, an Alcohol Use Permit for Piala will Affect the Safety of Residents
Planning Director Kari Svanstrom’s initial response to Sheldon’s application cites Municipal Code 17.415.030 B, which states: “The establishment, maintenance, and operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be “detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.” In Svanstrom’s opinion, this criterion was not met due to eleven former employees of Lowell Sheldon speaking out publicly of sexual harassment and a toxic workplace, as well as illegal practices such as the serving of alcohol to underage workers (City of Sebastopol Planning Commission Staff Report, June 28, 2022).
As former employees, we experienced and witnessed these violations first-hand. By filing an appeal to the Planning Commission’s initial denial of the application, the burden of proof was placed on Sheldon to prove that he is NOT detrimental to the health, safety, etc, of employees Agenda Item Number 2 Agenda Item Number 2
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and customers alike. The members of the Planning Commission agreed that he failed to prove this. As Commissioner Fritz stated:
“I do really have concerns about Mr. Sheldon’s involvement at this point and what it could mean to the health, safety and welfare of the workers at the restaurant.” Our first-hand experiences with Lowell Sheldon as an Owner at multiple establishments negatively affected our health and well-being and we witnessed co-workers and community members suffer from his actions over the course of years. We have seen no evidence of his purported change or growth as we stated in our statements to the Planning Commission at the June 28th, 2022 hearing (see attachment). Many of the Commissioner’s shared our concerns:
Commissioner Fritz stated:
“He has not learned and he is not respecting people’s boundaries.” “From what I’ve seen and heard tonight, I don’t know that I believe that Lowell is a changed person.”
“I can’t say Lowell is a changed man, and that I have no problem or no concern that he will not be a threat in the future. I just don’t have that… understanding.” Commissioner Burns expressed similar doubts:
“I feel very uncomfortable with a lot of the comments tonight, leading me to believe, not only does Lowell not take what happened, and has done his piece in, um, his own self, you know, but also that his supporters haven’t.”
“We heard that, you know, that he has worked very hard to change, but we saw little evidence of that. As I stated, we saw evidence to the opposite.” “We’re talking about women who have been violated and someone mis-using their power.” “I wish we were in a situation where, as our lawyer said, where he had proven to us as a Commission that he has changed.”
On August 23, 2022, Mr. Sheldon used the email list for one of his former restaurants to share the letter he sent to the Sebastopol City Council. He opens this letter by stating, “I am innocent of all accusations of sexual harassment and assault.” Agenda Item Number 2 Agenda Item Number 2
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In fact, an independent investigation was completed by Susan Daniel of Employee Relations Consultants to investigate claims of sexual harassment while Mr. Sheldon was a co-owner at Fern Bar and found that policies had been violated. An email dated November 26, 2019 from co-owner Sam Levy to a victim states:
“Ms. Daniel interviewed numerous witnesses, and reviewed documents, emails, texts and video footage and ultimately concluded that Mr. Lowell’s [sic] conduct violated Fern Bar policies. Rest assured, Fern Bar will be taking proportionate, remedial actions to prevent such violations in the future.”
In Mr. Sheldon’s letter to the Council he cites that one of his main lessons from “extensive therapy” has been to learn how to make a genuine apology and refuse to apologize for mistakes he has not made. To date, none of us have received an apology for the tremendous harm he has caused us that was not couched within a threat. He has yet to take responsibility for anything other than running his business in a “sloppy manner” or having “flaws.” Rather than acknowledge the effects his actions had on his employees and the damage that caused, he constructs a narrative wherein he himself is a victim of the MeToo movement.
We ask that the City of Sebastopol please consider the long-lasting effects that workplace harassment, abuse and sexual assault have on survivors in your review of this matter.
Conditions Must Be Enforceable
The Planning Commission reluctantly agreed to attempt to mitigate the possibility of Sheldon causing future harm by placing several provisions on the conditional license they agreed to approve on July 12th. The Draft Conditions of Approval stated:
2. Applicant shall not permit Lowell Sheldon to exercise, directly or indirectly, any personnel - related responsibilities in connection with the ownership, management, or operation of the subject business, including without limitation:
a. the hiring, training, management, supervision, review, discipline, or termination of any employee; or
b. the fielding, review, investigation of, or response to any employee complaints or concerns.
3. Applicant shall prohibit Lowell Sheldon from serving or consuming alcohol in any capacity while on the premises.
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These conditions fail to mitigate the risk that this project will adversely affect the health, safety or welfare of area residents and are unenforceable. Many of the Commissioners noted the limitations of these conditions.
Commissioner Burns stated:
“I haven’t seen him demonstrate the ability… If it (conditions) doesn’t (work), another woman has been at the end of that, and I am just not willing to be the person to say OK, let’s see if this time he can adhere to it.”
“This is a history of violation after violation and so I am not comfortable with making the condition that he won’t be there, because I haven’t seen him show us that he has respect for the these, um, rules when they’re set in place.”
Commissioner Fernandez stated:
“I don’t know that any conditions can be placed to ensure that, other than (Sheldon) not being part of it.”
“It’s not a decision where, OK, if it don’t work out, you know, it’s unfortunate. It’s, we’re talking about people’s lives.”
Enforcement would be left to Co-Owner Jeffrey Berlin who stated to the Planning Commission in the July 28th meeting, "I wouldn’t even see it as something that would even need to be enforced.”
Mr. Berlin would have a significant conflict of interest in reporting any violation of the condition.
Reporting a violation would result in a personal and professional financial loss to Mr. Berlin.
Any employee who witnesses a violation would face significant risk in reporting, even with an outside HR firm in place. As we know from experience, speaking out against Mr. Sheldon carries significant consequences to livelihood, safety, relationships and personal well-being. It is not the responsibility of employees to monitor the adherence to such a condition.
During the June 28, 2022 Planning Commission hearing it was proposed that Lowell Sheldon be prohibited from entering restaurant premises. We believe this condition to be enforceable and that it would mitigate the risk that this project will adversely affect the health, safety or welfare of area residents.
We ask you to deny the Permit or place the condition that Mr. Sheldon is prohibited from entering the establishment.
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Summary and Personal Statements
We have lived and worked in Sebastopol for years – some of us grew up here, and all of us consider it our community and our home. We have witnessed and experienced harassment and assault by Lowell Sheldon. We are seeking only to prevent another woman in our community from having to experience a life-altering trauma. We believe that his involvement in Piala as an establishment that serves alcohol poses a significant risk to our community and ask you to uphold your responsibility to protect the area residents. We ask that you:
1. Deny the conditional approval of the proposed Alcohol Use Permit OR
2. Prohibit Lowell Sheldon from entering the restaurant premises Sincerely,
Leah Engel
Freddie Francis
Jacqueline Gleason
Ray Gonzalez
Jesse Hom-Dawson
Alexandra Lopez
Naomi Minturn
Attachment: Selected Public Comments from June 28th, 2022 City of Sebastopol Planning Commission Hearing
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HAROCHE LAW
p: (707) 814-0028 f: (707) 289-7996 [email protected] 121 North Main Street, Ste 210 Sebastopol, CA 95472 www.haroche.law
August 24, 2022
Sebastopol City Council
7120 Bodega Avenue
Sebastopol, CA 95472
Re: Piala Use Permit (2022-020): Response to Appeal
HL no. 213-01
Dear City Council Members:
I am writing on behalf of Piala, LLC and its principals Lowell Sheldon and Jeffrey Berlin in response to the appeal filed by Ms. Jesse Hom-Dawson. 1 Introduction
The appeal, as Appellant states in her letter, is premised on "allegations against Lowell Sheldon…printed in multiple news sources" (emphasis added). The operative word here is “allegations.” No criminal charges were ever sought nor any sheriff’s investigation ever commenced.2 No complaint was ever filed with the Department of Fair Employment and Housing and no civil lawsuit was ever brought. The allegations against Lowell, which he has vehemently denied, were never subject to crossexamination, never weighed in any forum against Lowell’s testimony, and never adjudicated. These are not facts but unchallenged accusations by individuals seeking 1 The subject use permit was originally applied for in the name of Lowell Sheldon, acting on behalf of Piala, LLC. In accordance with the Planning Commission’s approved condition, the applicant is to be modified to be Jeffrey Berlin.
2 Appellant misleadingly refers to a “police report detailing Sheldon’s assault of a woman while he was under the influence," but that document, a half page in length and heavily redacted, is no more than a business record of a complaint having been received by the Sheriff’s office. The individual made the report two years after the alleged incident occurred and timed to the day to coincide with publication of an article about Lowell in The Bohemian.
The reporting individual never followed up on her complaint.
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to elevate what they perceive as boorish behavior to the level of a criminal threat to Sebastopol residents and visitors.
3 We do not intend, however, to litigate these accusations before the Council because the sole issue before you is whether granting Jeffrey Berlin an alcohol permit for Piala restaurant would adversely affect the health, safety, or welfare of the community. The answer is that it would not and the conditions we have proposed, and which staff supported and the Planning Commission approved, will ensure as much.
Any Perceived Risk from Permit Issuance Has Been Eliminated Appellant misrepresents that the Planning Commission "agreed that Sheldon poses a risk to the health and safety." It certainly did not and its findings nowhere suggest as much. Indeed, the Commission could not have legally approved the permit had it found, as Appellant contends, that the proposed use would pose such a risk.
What the commissioners did agree on was that they did not want to adjudicate the veracity of the accusations leveled by Appellant and others, so they instead accepted staff’s and Applicant’s proposed conditions designed to eliminate any perceived risk posed by Lowell’s part-ownership of Piala, LLC.
Specifically, the use permit was approved subject to a number of unusual and stringent conditions including:
3 This is not to say that Lowell has always acted impeccably (he has not) but he has acknowledged, examined in therapy and in restorative justice work, and apologized repeatedly for his lack of boundaries with former employees. Earlier this year, for instance, he wrote to Appellant:
I continue to be deeply ashamed of the comment I made to you. It is a north star for me and will always be at my side to remind me never to be inappropriate with employees in the future. I wish you peace as you move forward in your life.
Appellant responded to this apology by taunting Lowell that "[n]ow hundreds of our supporters know what a cowardly sack of shit you are."
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• All personnel matters, including employee complaints, will not be handled by Lowell or his partners but instead by an outside human resources firm.
• Lowell shall not "exercise, directly or indirectly, any personnel related responsibilities in connection with the ownership, management, or operation of the subject business."
• Lowell shall be prohibited from "serving or consuming alcohol in any capacity while on the premises."
• Violation of either of the latter two conditions "may, by itself, constitute a ground for revocation of the subject use permit."
Reasonableness of Proposed Conditions
Permit conditions must bear a sufficient nexus to the projected burden (or risk) of the proposed development (or use).4 In this case, it bears noting that Lowell could, without any use permit, still work as the on-site manager and staff supervisor of any “dry” food establishment in the City – in which case the City would have no authority to consider, much less address, the behavior he is accused of having committed between 3 and 9 years ago.
It is only the pending alcohol use permit application which affords the City this opportunity to review that past (alleged) conduct. Yet even then, it must still make findings that the “proposed use” – i.e., the sale of alcohol – would “adversely affect the health, safety or welfare of area residents."5 6
4 Associated Home Builders, Inc. v. City of Walnut Creek, 4 Cal. 3d 633, 644 (1971); Ayres v.
City Council, 34 Cal. 2d 31, 42 (1949).
5 City Code § 17.350.020.
6 The City is legally required to base its decision on findings and those findings in turn must be supported by “substantial evidence.” Code of Civil Procedure § 1094.5. Analogizing to the CEQA context, “substantial evidence” means “facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts." 14 CCR § 15384 (b).
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Given that fact, our approach, which both staff and the Commission found to be reasonable and realistic, is to separate alcohol from Lowell’s involvement altogether and thereby provide a complete mitigation of the perceived risk posed by the presence of alcohol.
7 In other words, once we completely divorce Lowell from any interaction with alcohol, there no longer remains any nexus between the proposed use and the feared harm to be mitigated.
We appreciate that this application has presented a controversy different than what the Council is typically tasked with addressing, but it is critical to both this applicant and the business community at large that the City not embark on using the development process as a means to render social judgment rather than implement rational, and legally defensible, land use planning.
Thank you for your consideration of this matter.
Sincerely,
Bob Haroche
7 Appellant argues that the condition prohibiting Lowell from touching alcohol on-site places “an unfair burden on the community” to ensure compliance. But in terms of monitoring, this condition is not unlike any other imposed on a discretionary approval. City staff does not regularly patrol businesses to ensure compliance with permitted uses, hours of operation, noise levels, or any other limiting condition attached to their permit. Staff instead relies on community reporting of problematic behavior.
In this instance, with Lowell’s detractors having already undertaken a year-long news and social media campaign against him, one can safely assume that they will be highly attuned to any whiff of impropriety at Piala. As one commissioner commented, “There are many eyes on this project…I think the community is monitoring this.” Agenda Item Number 2 Agenda Item Number 2
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