City Council
Mayor Neysa Hinton
Vice Mayor Diana Rich
Sandra Maurer
Jill McLewis
Stephen Zollman
City Manager
Larry McLaughlin
[email protected]
Assistant City Manager/City Clerk, MMC
Mary Gourley
[email protected]
CITY COUNCIL MEETING AGENDA
Meeting of April 4, 2023
Meeting Start Time: 6:00 pm
Regular Meeting Start time: 6:00 pm
Meeting to be held in Person and Virtual /Remote Participation Zoom Link is to be used for providing public comment/Live Stream is utilized for viewing only of Meeting
In Person Location: Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA 95472 Remote/Virtual Zoom Link: (see below Join Meeting Link) Topic: City Council Meeting - April 4, 2023
Time: Apr 4, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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Meeting ID: 848 3581 5308
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Find your local number: https://us02web.zoom.us/u/kezM6Q1SNB The public may also view the meeting by use of Live Stream. Important Notice: The City of Sebastopol shows both live broadcasts and Video Archive of City Council Meetings over the Internet. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice. Videos are available for one year from date of meeting.
• Here is the link: http://bit.ly/sebcctv or https://www.ci.sebastopol.ca.us/City-Meetings-TV Please note that minutes of meetings are not meant to be verbatim minutes and are meant to be the City’s record of a summary of actions that took place at the meeting. The vote/action is the required information of the meeting actions that took place. Approved minutes are available on the City Council Meetings page. https://www.ci.sebastopol.ca.us/Meeting-Event.aspx
Please click on the special Council meeting date. If minutes were approved, they will be listed under that specific Council Meeting date.
As a courtesy, please turn off all cell phones, electronic devices, and pagers during the meeting.
The public is advised that pursuant to Government Code section 54957.5 all writings submitted to the City Council are public records and will be made available for review. 6:00 pm City Council Regular Meeting
• In Person Location: Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA 95472 • Remote/Virtual Zoom Link:
https://us02web.zoom.us/j/84835815308?pwd=UEtvYXNsSEZZcTM0OU9KNE50U1hvZz09 Meeting ID: 848 3581 5308
Passcode: 414868
CALL TO ORDER
ROLL CALL
SALUTE TO THE FLAG
PROCLAMATIONS/PRESENTATIONS:
• Trent Ackerman – 5 years -Sebastopol Fire Department
• Nathan Dunn – 5 years – Sebastopol Fire Department
• Melanie Ferreira – 5 years – Sebastopol Police Department
• Proclamation – Recognizing Week of the Young Child, April 1 - 7, 2023 • National Public Safety Telecommunicators Week (Dispatchers) is April 9-15, 2023 • Proclamation - Recognizing April 2023 as Sexual Assault Awareness Month • Proclamation - Proclaiming April 2023 as Child Abuse Prevention Month – MOVES (Minimizing Occurrences of Violence in Everyday Society)
STATEMENTS OF CONFLICTS OF INTEREST: Conflicts of interest may arise in situations where a public official deliberating towards a decision, has an actual or potential financial interest in the matter before the Council. In accordance with state law, an actual conflict of interest is one that would be to the private financial benefit of a public official, a relative or a business with which the Councilmember is associated. A potential conflict of interest is one that could be to the private financial benefit of a Councilmember, a relative or a business with which the Councilmember is associated. A Councilmember must publicly announce potential and actual conflicts of interest, and, in the case of actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue and must remove themselves from the dais.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (FIRST COMMENT PERIOD):
Up to Twenty (20) Minute Time Limit (Two Minutes for up to ten speakers). Additional public comment will be held at the end of the discussion and action items for up to an additional twenty (20) minutes. Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers.
Process for calling on Speakers: Mayor or designee shall ask for public comment as follows: Speakers to be called on in an alternate manner (One speaker in person to be called on first; then one speaker remote to be called on second with additional speakers to be called on in the same manner) based upon the time limit.
CONSENT CALENDAR: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion without discussion unless a member of the City Council requests that the item be taken off the consent calendar.
The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent calendar; and then open public comment to the members of the public in attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be removed for discussion.
If an item or items are removed from the consent calendar, the item shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tern.
Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem.
1. Approval of City Sponsorship for Kiwanis Easter Egg Hunt ($400.00) (Responsible Department:
Administrative Services)
2. Approval to Select Raftelis to conduct the Water Rate Study and Authorize the City Manager to execute the related contract with Raftelis not to exceed $74,143 (Responsible Department: City Engineer)
3. Approval of Resolution 1) rescinding Resolution 6359-2021, and 2) direct staff to comply with the State Water Board's Emergency Drought Regulations, adopted following Governor Newsom's proclamation of a drought state of emergency for all counties in California, as it pertains to Community Water Systems, for the duration the State emergency regulation is in effect. (Responsible Department: Public Works)
4. Approval of Plans and Specifications and Authorization to Bid the Americorps Trail Extension Project #0411-73.00 and Finding the Project Exempt under CEQA Section 15301(c) 15302, 15303, and 15304(a), and 153331. Location: 3 city-owned parcels adjacent to the Laguna Channel north of Sebastopol Ave (Hwy. 12) and east of Morris Street. CIP Budget Amount: $300,000 (Responsible Department: City Engineer/Engineering (GHD))
5. Bid Award for the SR 116 ADA Ramps-Bodega/Florence/Robinson Pedestrian Improvement Projects #0105-4.00, #0117-74.04 and #0119-74.06 and Finding the Project Exempt under CEQA Section 15301(c) and 15304(f) Award a construction contract to Pat Nelson Construction Inc., in the amount of $515,052.
Description of work: install new ADA curb ramps on Healdsburg Ave @ Hurlbut Ave, Cleveland Ave, N Main St, on N Main ST @ Wallace St. and install new pedestrian flashing beacons on Bodega Avenue @ Robinson Rd and Florence Ave. (Responsible Department: City Engineer/Engineering (GHD))
6. Adoption of Resolution for CIP budget amendment for new CIP for the Analy High School Sunset/Taft Pedestrian Improvement Project and Finding the Project Exempt pursuant to CEQA Section 15301(c) (Responsible Department: Engineering/GHD)
7. Second Reading and Adoption of a Zoning Code Amendment to Chapter 360, Comprehensive Cannabis Regulations, to allow Type 3 “Office only, cannabis retail” [delivery-only retail licenses] in the Manufacturing Zone and Finding This Item is Exempt Pursuant to CEQA Guidelines Section 15061(b) (3) (Responsible Department: Planning)
8. Approval of Annual Sebastopol Living Peace Wall Nominees as follows: David Hartsough; Susan Chunco; David Harris; Norman Soloman; Alternate, Amy Goodman (Responsible Department: Planning) INFORMATIONAL ITEMS/PRESENTATIONS: NONE
PUBLIC HEARING(s): NONE
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):
9. Discussion and Consideration of Options for Consideration for City Manager and City Attorney Recruitment (Responsible Department: Ad Hoc Committee)
10. Approval of the Sebastopol Parklets Guidelines and Finding This Item is Exempt Pursuant to CEQA Guidelines Section 15301(e) (Responsible Departments: Engineering/GHD/Planning)
11. Discussion and Consideration of Request for Amendment to City Ordinance, the Mobile Home Rent Stabilization Ordinance. Request would be to determine if there is Council support to amend an ordinance. If there is an affirmative vote to review potential amendments to the ordinance, it would be recommended that the Council approve creation of an ad hoc committee to meet with Stakeholders; appointment to the newly created ad hoc committee and direction to committee to return with a recommendation to the City Council. (Requestor: Councilmember Maurer/Responsible Department:
City Administration)
12. Discussion and Consideration of Request from SAVS for Remainder of Funding ($20,000) that was provided to the City of Sebastopol from the County of Sonoma (Requestor: Vice Mayor Rich)
13. Discussion/Update of Mental Health Response Program (Responsible Department: Police Department)
14. Consideration and Direction to Mayor or his/her Designated Representative for Voting for Various Boards and Committee Vacancies at the April 20, 2023 City Selection Committee and Sonoma County Mayors and Councilmembers Association Meeting (Responsible Department: Mayor/City Administration) Mayors’ and Councilmembers’ Association Board Appointments Association of Bay Area Government Executive Board
One position and one alternate to fill the expired terms of Susan Hollingsworth Adams (Rohnert Park) and Stephen Zollman (Sebastopol).
Letter(s) Received for Position: Susan Hollingsworth Adams (Rohnert Park) Letter(s) Received for Alternate: Stephen Zollman (Sebastopol) North Bay Division, LOCC, Executive Board
One position and one alternate position to fill seat vacated by former Council Member Mike Healy (Petaluma) and the vacant alternate seat, term expires two years from appointment.
Letter Received: None
Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee Two positions to fill expired terms of Brian Barnacle (Petaluma) and Neysa Hinton (Sebastopol).
Letter(s) Received: John Shribbs (Petaluma) and Kevin McDonnell (Petaluma) City Selection Committee Appointments
Metropolitan Transportation Commission
One position to fill expired term of Council Member Victoria Fleming (Santa Rosa) (per Gov. Code 66503(b), the City Selection Committee submits 3 names, and the appointment is made by the Board of Supervisors).
Letter(s) Received: Victoria Fleming (Santa Rosa)
Airport Land Use Commission
One position, to be effective May 2023, to fill expired term of Sam Salmon (Windsor).
Letter(s) Received: None
Golden Gate Bridge, Highway & Transportation District
One position to fill seat vacated by former Council Member Pam Stafford, Rohnert Park and Mark Landman, Cotati and the alternate seat vacated by former Council Member Patrick Slayter, Sebastopol term expires 4-years from appointment.
Letter(s) Received: Gerard Giudice (Rohnert Park)
ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Three minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discretion depending upon the number of speakers or Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers.
CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS:
15. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting).
16. City Council Reports/Committee/Sub-Committee Meeting Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Meetings/Committee Meetings/Sub-Committee Meeting /Conferences Attended and Possible Direction to its Representatives (If Needed) on Pending issues before such Boards)
i. (This will be either verbal or written reports provided at the meeting)
17. Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers)
18. Future City Meeting Dates/Events (Informational Only): (See City Web Site for Up-to-Date Meeting Dates/Times)
CLOSED SESSION: NONE
ADJOURNMENT OF CITY COUNCIL MEETING
April 4, 2023 Meeting will be adjourned to the City Council Special Meeting – Closed Session to be held April 5, 2023 at 9:00 am (In Person and Remote/Zoom Virtual Meeting Format) April 5, 2023 City Council Special Meeting Closed Session will be adjourned to the Regular City Council Meeting of April 18, 2023 at 6:00 pm (In Person and Remote/Zoom Virtual Meeting Format) American Disability Act Accommodations/Accessibility: A request can be made orally or in writing, and submitted to the ADA Coordinator by email: [email protected] or to the City Clerk’s Office so as to avoid delay in reviewing and processing the request. Requests can be made by contacting the ADA Coordinator’s Office at (707) 823-8597, via email at [email protected] or by mailing such a request to the ADA Coordinator’s Office located at 7425 Bodega Avenue, Sebastopol, CA. Note that if you contact the ADA Coordinators Office, via mail, you need to make the request early enough that a response can be timely provided.
NOTICE: All Resolutions and Ordinances introduced and/or adopted under this agenda are waived of all reading of entire resolution(s) and ordinance(s). The City of Sebastopol is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived.
SB 751 Legislative bodies of local agencies must publicly report: (1) any action taken and (2) the vote or abstention on each action taken by each member present for the action at a meeting.
If you have any questions regarding this meeting, please contact the City at Email: [email protected] or [email protected] or please call: 707-823-1153. The public is advised that pursuant to Government Code section 54957.5 all writings submitted to the City Council are public records and will be made available for review. The Sebastopol City Council welcomes you in person or remotely to its meetings that are generally scheduled for the 1st and 3rd Tuesday of every month. Your interest and participation are encouraged and appreciated.
Government Code Section 54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
City Council Regular Meetings are available in real time and archived on Livestream. Important Notice The City of Sebastopol shows both live broadcasts and Video Archive of City Council Meetings over the Internet.
Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice. • Here is the link: http://bit.ly/sebcctv
There are times that the City Council open meetings may not be live streamed due to technical issues; if that is the case, the meeting will be video-taped and uploaded as soon as possible to the City Web Site. In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
COUNCIL PROTOCOLS FOR MEETING:
This in person and virtual/remote meeting is compliant with the Governor’s Executive Order allowing for a deviation of teleconference rules required by the Brown Act. Traditional Brown Act and AB 2449 requirements can be utilized for all City Council meetings as long as required notice and posting is conducted per the Brown Act.
Please Note the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting.
Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.