City Council
Mayor Diana Gardner Rich
Vice Mayor Stephen Zollman
Councilmember Neysa Hinton
Councilmember Sandra Maurer
Councilmember Jill McLewis
City Manager
Don Schwartz
[email protected]
Assistant City Manager/City Clerk, MMC
Mary Gourley
[email protected]
CITY COUNCIL MEETING AGENDA
Meeting of Tuesday – February 6, 2024
Special Meeting Start Time: 5:30 pm (Interviews)
Regular Meeting Start Time: 6:30 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) City Council is inviting you to a scheduled Zoom meeting.
Topic: City Council Meeting - February 6, 2024
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Meeting ID: 834 7061 0432
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Special Meeting Start Time: 5:30 pm Interviews
Call to Order
Roll Call
INTERVIEWS
Agenda Item Number 1. Interview for Opening on Climate Action Committee (One applicant) 5:30 pm – 5:45 pm Applicant Name: Phillip Carter
Agenda Item Number 2. Interview for Opening on Sonoma County Transportation Authority (SCTA) County Bicycle and Pedestrian Citizens Advisory Committee (Three Applicants for One Seat)
5:45 pm – 6:00 pm Applicant Name: Phillip Carter
6:00 pm – 6:15 pm Applicant Name: Silas Stafford
6:15 pm – 6:30 pm Applicant Name: Gavin Water
Adjournment to Regular Meeting
Regular Meeting Start Time: 6:30 pm
6:30 pm City Council Regular Meeting, In Person – Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA/Virtual Format (Zoom)
CALL TO ORDER
ROLL CALL
SALUTE TO THE FLAG
REMOTE PARTICIPATION UNDER AB 2449 (IF NEEDED): To consider and take action on any request from a Council Member to participate in a meeting remotely due to Just Cause or Emergency Circumstances pursuant to AB 2449 (Government Code Section 549539(f)).
PROCLAMATIONS/PRESENTATIONS:
• Proclamation – Black History Month
• Introduction of Ukraine Delegates: Sebastopol World Friends, the City of Sebastopol's Sister City organization is hosting a delegation from Ukraine through the US Congressional program Open World, which sponsors promising leaders from developing and former Soviet countries to study democratic processes and specialized topics to help them improve those processes in their home countries.
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.
CONSENT CALENDAR:
3. Approval of City Council Meeting Minutes for Meeting of January 16, 2024 (Responsible Department: City Administration)
4. Approval of Action Minutes versus Detailed Minutes for City Meetings and Amendment to Records Retention Policy for Retention of City Meeting Videos (Responsible Department: City Administration)
5. Sebastopol Kiwanis Club to Conduct their Annual Fireworks Show on July 3, 2024 located on public property of the West Sonoma County Union High School District, Analy High School, 6950 Analy Avenue, Sebastopol and finding this action exempt under CEQA Section 15304(e) (responsible Department:
Interim Fire Chief)
6. Adoption of Resolution authorizing the closure of Main Street during the 2024 Apple Blossom, Saturday, April 27, 2024 the use of the South High Street parking lot for the Apple Blossom Festival and the suspension of street vendors/solicitation licensing Section 201 of Ordinance No. 696 (Responsible Department: Police)
7. Approval to Authorize a Change of City Officials to Order Deposits and Withdrawals from Local Agency Investment Fund (LAIF) (Responsible Department: Administrative Services)
8. Approval of Notice of Completion for Ives Park ADA Pathway (Responsible Department: Engineering)
9. Approve letter authorizing PG&E to donate City of Sebastopol work credits to Sonoma County (Responsible Department: Engineering)
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):
10. Consideration of Appointment to the Opening on Climate Action Committee (Responsible Department:
Planning/City Administration)
11. Consideration of Appointment to the Opening on the Sonoma County Transportation Authority (SCTA) County Bicycle and Pedestrian Citizens Advisory Committee (Three Applicants for One Seat) (Responsible Department: Planning/City Administration)
INFORMATIONAL ITEMS/PRESENTATIONS: Informational Items or Presentations are items that are informational only and do not require action by the City Council. Presentations shall be scheduled as necessary for the promotion of an event or service or general information items to the Council and should be limited to ten (10) minutes total in length of item. NONE
PUBLIC HEARING(s): None
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION) Continued:
12. Receipt of Quarterly Informational Report (SAVS) and Discussion/Information on Future of Horizon Shine Residents (Responsible Department: Planning/Police Department)
13. Discussion of Appointment of Openings on the Design Review Board (Responsible Department: Planning)
14. Discussion and Consideration of Approval of Budget Amendments:
a. Planning /Engineering Departments: ($55,000: AmeriCorp Trail. The proposed budget amendment of $55,000 to accommodate additional costs for project management, environmental permitting and construction engineering is needed due to discovery that environmental permits are needed and the delay to the start of the construction resulting from the environmental matter)
15. Consideration of Amendment to City Council Protocols: In Person or In Person/Zoom Virtual Format for City Meetings (Requestor: Agenda Review Committee/Responsible Department: City Administration) ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Two 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:
16. City Manager and/or City Clerk Reports: (This will be either verbal reports at the meeting, or written reports provided at or prior to the meeting)
17. 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. ((This will be either verbal reports at the meeting, or written reports provided at or prior to the meeting)
a. City Council Liaison to Unhoused (Vice Mayor Rich/Responsible Department: Planning) b. EIFD Report out from Ad Hoc Committee (Mayor Rich/Vice Mayor Zollman)
18. Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers)
19. 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
February 6, 2024 Council Meeting will be adjourned to the City Council Meeting of February 20, 2024 at 6:00 pm.
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.
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.
How can I provide Public Comment on Zoom?
The Mayor will request public comment during the Public Comment period on the agenda and during each Public Hearing and Regular Calendar Item. Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE:
• Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand and you would like to speak.
• City staff will unmute your microphone when it is your turn to provide public comment. • A prompt will appear to confirm you would like to be unmuted. Once you accept the prompt, you will have two minutes to provide public comment.
• Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE:
• Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment. • City staff will unmute your microphone when it is your turn to provide public comment. *6 (star 6) is used to mute/unmute.
• You will hear “you are unmuted” and then you will have two minutes to provide public comment. • Once your public comment has ended, you will be muted again