City Council

Agenda Item Number: 2 City Council City Manager Mayor Patrick Slayter Larry McLaughlin Vice Mayor Neysa Hinton lmclaughlin@Cityofsebastopol.org Una Glass Assistant City Manager/City Clerk, MMC Sarah Glade Gurney Mary Gourley Diana Rich mgourley@Cityofsebastopol.org CITY COUNCIL MEETING AGENDA REGULAR CITY COUNCIL MEETING – 6:00 PM MEETING OF MARCH 15, 2022 The City Council Regular meeting will be held via teleconference pursuant to AB 361. Pursuant to AB 361 (2021), Teleconference Restrictions of the Brown Act Have Been Suspended, as Well as the Requirement to Provide a Physical Location for Members of the Public to Participate in the Meeting. The City of Sebastopol City Council meeting will not be physically open to the public and all City Council Members will be teleconferencing into the meeting via Zoom. 6:00 pm Convene City Council Meeting - Meeting Start Time (ZOOM VIRTUAL FORMAT) CALL TO ORDER: Mayor Slayter called the regular meeting to order at 6:01 pm. ROLL CALL: Present: Mayor Patrick Slayter – By video teleconference Vice Mayor Neysa Hinton – By video teleconference Councilmember Una Glass – By video teleconference Councilmember Sarah Gurney - By video teleconference Councilmember Diana Gardner Rich - By video teleconference Absent: None Staff: City Manager/City Attorney Larry McLaughlin Assistant City Manager/City Clerk Mary Gourley Administrative Services Director Ana Kwong Fire Chief Bill Braga Engineering Consultant Toni Bertolero, GHD Planning Director Kari Svanstrom Police Chief Kevin Kilgore Public Works Superintendent Dante Del Prete SALUTE TO THE FLAG: Mayor Slayter led the Salute to the Flag. PROCLAMATIONS/PRESENTATIONS: The following was presented: • Proclamation - Proclaiming March 20-26th 2022 as National Surveyor Week • Proclamation - Proclaiming Saturday, March 26, 2022 from 8:30 pm – 9:30 pm as Earth Hour in the City of Sebastopol PLEASE NOTE:  Public Comment on all items listed on the agenda will be limited to two minutes, per person, per item.  The Public Comment Portion of the Agenda will allow for 20 minutes at the beginning of the meeting and public comment not heard during those 20 minutes will continue at the end of the agenda, following the last calendared item and before Reports. Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 1 of 41  Agenda Item Number: 2 Council welcomes and encourages additional comments via email. Public Comment Emails can be sent to: cityCouncil@cityofsebastopol.org COUNCIL PROTOCOLS FOR MEETING: City staff read the protocols for the meeting. • This meeting is being conducted utilizing virtual settings for teleconferencing and electronic means consistent with State of California Executive Orders regarding the COVID 19 pandemic and AB 361. • Live stream and zoom are being utilized for this meeting. In case of technical issues, meetings will be uploaded to the City web site as soon as possible after this meeting. • Members of the public may view and listen to the meeting by use of Zoom and Live Stream as noted on the City’s website and as noted on the agenda. • Members of the public wishing to speak to the City Council may do so during public comment or may comment on agenda items during the discussion of each item and must be logged into Zoom. Live Stream is a viewing only format. • Anyone using abusive, vulgar, offensive, threatening, or harassing language, personal attacks of any kind or offensive terms that target specific individuals or groups will be muted and removed from the meeting. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA : During General Public Comment, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda. Speakers are allowed to speak for a maximum of three minutes so that all speakers have an opportunity to address the City Council. Power point or visual presentations for public comment shall not be permitted unless approved by the Agenda Review Committee two weeks prior to the requested meeting date. Speakers may not "yield" a portion of their allotted time to others. The Mayor has the authority to limit or extend the time allowed for speakers dependent on the number of speakers in attendance. The Mayor can poll the members of the public for an indication of the number of people wishing to speak, then call on individuals to speak. It is the goal of the Council to conclude the public comments portion of the agenda within 20 minutes. If the public comment period exceeds twenty minutes, the presiding officer, typically the Mayor, reserves the right to reduce the time per speaker or carry over public comments to after all business items are completed. The City Clerk will monitor the time for public comments and inform the speakers when the time limitation has been reached. The Mayor could survey the members of the public, as appropriate, to move agenda items up or back to address the members of the public items of concern. Public participation is encouraged on all public agenda items. Council and staff will treat participants and each other with courtesy. Derogatory or sarcastic comments are inappropriate. The public will likewise be encouraged by the Mayor to maintain meeting decorum. In Council meetings when citizens are agitated, the Mayor may call a short recess to calm the situation. If a member of the public is unable to attend the Council meeting, written communications may be sent to the City Clerk by e-mail or by regular mail. Communications received after distribution of the agenda packet will be made available to the Council at/or as soon after the meeting. The following public comment was received: Angela Ford commented as follows: • In October of 2021, the City Council hastily and unanimously passed a nearly $5 million proposal to upgrade our city. • Nearly half of this, $2.2 million, is devoted to converting all 3,000 of Sebastopol traditional water meters to smart EMF transmitting meters and I ask why. • This will mean adding a layer of electromagnetic frequency to our transmissions throughout the town and bringing with it well documented health challenges to all living beings, humans included. • It means introducing a 5G turnkey operation into our town, just like the smart water meter system in Santa Fe, New Mexico, in which a February 2021 report to their administration governing body states, have been notified that cell service providers are moving forward with replacing 3G network for 5G system and equipment. Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 2 of 41  Agenda Item Number: 2 • As the City's end points are mostly 3G, we have been encouraged by service provider Orion to move ahead with a more aggressive replacement schedule to get end points upgraded to 4G LTE or 5G. • This will mean loss of privacy, control and security of our public and personal data making individuals and entities more and more vulnerable to cyber hacking and malware. Our City recently experienced the loss of a sizeable amount of money for this very reason. • Losing local control of our most precious resource, our water. As our data moves faster and further beyond to increasingly distant corporate entities, so will our ability to influence our water's use. In the end it is also sad such a boondoggle we citizens deserve better. There is at got to be a way out of this mess. Linda Collins, Chamber of Commerce, commented as follows: • Just wanted to do a shout out for our Sebastopol annual Apple Blossom Festival and Parade on April 23rd and 24th. • We are going to have a stellar event • We do need volunteers. I had asked some of you if you would speak with your groups that you belong to and ask and share our link that we have on our website for signing up for volunteers. • It does take a whole town and a village to put this on Linda Berg commented as follows: • Just want to applaud Angela. Angela, thank you so much for speaking up. • We need more people to speak up • If anybody has been paying attention to the PG&E case that the County has sued PG&E over the fires in criminal court, not the first time they've been sued in criminal court, but it is the first time that they have been charged with environmental crimes • That will change a lot if they are found guilty of the ash particulate that were a result of the fires that PG&E's lines caused. • Where I’m going with this is the wireless water meters and all the more manmade pulse radiation placed on us is also an environmental crime. • It is ironic that you all are talking about protecting the planet when your policies are doing just the opposite. • In addition to the radiation that is harming all living things, there is also a plastic that is now prevalent in our environment that is coming down in the rain and yet with these wireless water meters that are made out of plastic • They're just going in the opposite direction of what you're saying you are. Rei Blaser commented what is the status of the Ned Kahn art work project and what is the status of the Bodega Avenue resurfacing project. Jann Eyrich commented as follows: • This is an invitation to downtown and all businesses in the area to participate in a round table coming up in April. • This round table is called the Main Street round table. • We're going to focus on improvements that might be able to happen to main street. • We want ideas about design. We want ideas about how to go about this. • It's just a very casual meeting that's going to take place at the Gypsy Café on the 13th of April, between 6:30 and 8:00 pm. and Paul Fritz is going to present basically a couple grants and what the possibilities are in responding to those grants to improve main street Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 3 of 41  Agenda Item Number: 2 • The focus on Main Street is particularly appropriate tonight Mayor Slayter responded to public comment as follows: Ned Kahn art work Planning is the Department responsible for this project and Staff will obtain that information and provide it to the Council and public Bodega Avenue resurfacing GHD commented it is in Phase 1 and construction will begin late this year or early next year and will be from High Street to Nelson Way Mayor Slayter gave an update on the response to the Ukrainian situation. • Provided an update on largely what the actions of Sebastopol World Friends and our community at large has been doing in response to the Ukrainian crisis • They have mobilized and there is a display that has actually been in planning for months and months down at our public library • The timing was unfortunately coincidental, so you can go there and provide messages of peace or get peace flags, and you can check out books about Ukraine • You can pick up a flag to display in your front window that is a message of support for Ukraine • Public Works is assisting in installing those large Ukrainian flags with the message of support • There's three of our four cardinal point entries into the city at the welcome to Sebastopol with the sister cities • Those will be a very prominent display of support for Ukraine. • The news on the ground that I have through Sebastopol World Friends of our sister city organization in Ukraine, our counterparts there, is that so far they are safe and not suffering the attacks in Saharan proper. • The general sense is that they don't have any major tactical targets near them. Hopefully that safety will continue for the foreseeable future • Both Santa Rosa and the City of Sonoma have Ukrainian sister cities, and their organizations have also been very active • I know that the City of Sonoma is hosting the Ukrainian consul from San Francisco soon, and I don't know if, if we are also planning on having him up here. I've met him personally, and have had meals with him, and he's a wonderful human being, very delightful person as that country is representative here. • The other thing that I’ve been thinking about is not only the humanitarian crisis, but in so many ways the environmental crisis that this unlawful invasion is, and just the increase in GHG not only from those heavy machinery and tanks and things that are moving a round over there, but all the infrastructure that will need replacing. • All of that is an environmental disaster. Habitat is being destroyed. • We just need to keep those wonderful people in our thoughts 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. Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 4 of 41  Agenda Item Number: 2 Councilmember Glass commented as follows: • Just wanted to make a disclosure that one of the agenda items being presented is by the Sebastopol Center for the Arts • It is not a monetary conflict of interest for me. • Just wanted to disclose that I’m Co Director for the Center for the Arts 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. Mayor Slayter read the consent calendar. Mayor Slayter opened for public comment on the consent calendar. There was no public comment on consent calendar items. Mayor Slayter asked if any Councilmember wanted to remove a consent calendar item. There was no request to remove any item from the consent calendar. Mayor Slayter asked a question regarding Item Number 8 but not requiring it to be pulled off consent and questioned what is the bottom line for a typical residential bill. Nikki Burke, Recology, commented as follows: • What we're talking about here is a change to the MDA and the franchise hauler agreement. • This is not going to change the rates. • What it is doing is moving a gate rate that was previously included in the tipping fee that was paid to Republic into your rates. • You are already paying it when you pay Republic and moving that into your rate so that all of the costs of the new law, SB 1383, can be in one place. • Any changes to the rates that are occurring related to SB 883 were covered when we spoke to you in January under that. Mayor Slayter called for a motion. MOTION: Councilmember Gurney moved and Councilmember Rich seconded the motion to approve Consent Calendar Item(s) Number(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10. Mayor Slayter called for a roll call vote. City staff conducted a roll call vote. VOTE: Ayes: Councilmembers Glass, Gurney, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None Absent: None Abstain: None Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 5 of 41  Agenda Item Number: 2 1. Approval of the February 15, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved February 15, 2022 City Council Regular Meeting Minutes Minute Order Number: 2022-085 2. Approval of the February 23, 2022 City Council Special Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved February 23, 2022 City Council Special Meeting Minutes Minute Order Number: 2022-086 3. Approval of the March 1, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved March 1, 2022 City Council Regular Meeting Minutes Minute Order Number: 2022-087 4. Approval of Resolution Extending the City of Sebastopol City Council Proclamation of Existence of a Local Homeless Emergency (Responsible Department: City Administration)(Needs to be Extended Every 60 days). a. First Proclaimed: November 30, 2021 b. First Extension January 18, 2022 c. Second Extension Needed: March 15, 2022 City Council Action: Approved Resolution Extending the City of Sebastopol City Council Proclamation of Existence of a Local Homeless Emergency (Responsible Department: City Administration)(Needs to be Extended Every 60 days). a. First Proclaimed: November 30, 2021 b. First Extension January 18, 2022 c. Second Extension Needed: March 15, 2022 Minute Order Number: 2022-088 Resolution Number: 6413- -2022 5. Approval of Award of Contract for City Web Site Redesign with a Not To Exceed Amount of $35,000 (Approved in Budget for FY 21-22) Awardee: Planeteria (Responsible Department: City Administration) City Council Action: Approved Award of Contract for City Web Site Redesign with a Not To Exceed Amount of $35,000 (Approved in Budget for FY 21-22) Awardee: Planeteria Minute Order Number: 2022-089 6. Approval of Second reading and adoption of an Ordinance 1137 for Mandatory Organic Waste Disposal Reduction (SB 1383 regulations – Responsible Department: City Manager/GHD) City Council Action: Approved Second reading and adoption of an Ordinance 1137 for Mandatory Organic Waste Disposal Reduction (SB 1383 regulations) Minute Order Number: 2022-090 Ordinance Number: 1137 7. Approval of Second Reading and Adoption of Ordinance 1138, An Ordinance of the City of Sebastopol Rezoning 7950 Bodega Avenue from R7 Multifamily to PC Planned Community (Responsible Department: Planning) City Council Action: Approved Second Reading and Adoption of Ordinance 1138, An Ordinance of the City of Sebastopol Rezoning 7950 Bodega Avenue from R7 Multifamily to PC Planned Community Minute Order Number: 2022-091 Ordinance Number: 1138 8. Approval of Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement (this “Amendment”) is entered into as of January 1, 2022, by and among the City of Sebastopol (“City”), Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 6 of 41  Agenda Item Number: 2 Republic Services of Sonoma County, Inc. (“Republic”), and Recology Sonoma Marin (“Recology”). (GHD/City Administration) City Council Action: Approved 1138 8. Approval of Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement (this “Amendment”) is entered into as of January 1, 2022, by and among the City of Sebastopol (“City”), Republic Services of Sonoma County, Inc. (“Republic”), and Recology Sonoma Marin (“Recology”). Minute Order Number: 2022-092 9. Approval to pursue Active Transportation Program (ATP) grant, cycle 6 for the Joint City/County Ragle Road West Side Bicycles and Pedestrian Access Project (GHD) City Council Action: Approved Pursuit of Active Transportation Program (ATP) grant, cycle 6 for the Joint City/County Ragle Road West Side Bicycles and Pedestrian Access Project Minute Order Number: 2022-093 10. Approval of Purchase of Fire Truck: Approve the Purchase of a New Type 3 Wildland Fire Engine to Replace the Existing 1996 International Type 3 Wildland Fire Engine and Adopt Resolution Authorizing an Amendment to the Vehicle Replacement Reserve Fund (Responsible Department: Fire Chief) City Council Action: Approved Purchase of Fire Truck: Approve the Purchase of a New Type 3 Wildland Fire Engine to Replace the Existing 1996 International Type 3 Wildland Fire Engine and Adopt Resolution Authorizing an Amendment to the Vehicle Replacement Reserve Fund Minute Order Number: 2022-094 Resolution Number: 6414-2022 INFORMATIONAL ITEMS/PRESENTATIONS: 11. Informational Presentation – Cynthia Stefenoni Sebastopol Center for the Arts SEBASTOPOL DOCUMENTARY FILM FESTIVAL, March 24-27, 2022 Cynthia Stefenoni, Sebastopol Center for the Arts, provided an informational presentation to the City Council. Mayor Slayter opened for questions of presenter. There were none. Mayor Slayter opened for public comment. There were none. City Council Discussion and/or Deliberations: There were none. The Council thanked the presenter for the presentation. City Council Action: No action needed. Informational only. Reference Order Number: 2022-095 12. Informational Update - Climate Action Committee (Requestor: Kenna Lee/Responsible Department: Planning) Kenna Lee, Climate Action Committee, provided an informational presentation to the City Council. Mayor Slayter opened for questions of presenter. There were none at this time. Mayor Slayter opened for public comment. Linda Berg commented as follows: • Yet another survey about which I had never heard of. Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 7 of 41  Agenda Item Number: 2 • If after I am done here, if somebody could put out a telephone number where I could contact somebody to get my hands on a survey because as many of you know, I am consumer free, knowing I am being cooked alive from electro sensitive. • If I could participate in the survey, I would love to do that. • In order to arrive at the best solution, we need to consider all the variables that go into climate change. one of the things that additionally needs to be considered is weather modification. • The particulate rains down on us commonly known as chem trails. They're clearly not clouds. We need to look at that. • You can get more information than you want from geoengineering.org. but there are a lot of other things that need to be considered, too such as the effect of microwave radiation, cell phones and all this other wireless stuff works. • It works on 2.4 giga hertz, the very identical frequency that heats up microwave ovens. It heats up the environment and heats us up, it cooks us from the inside out. • In addition, the electricity, you think is clean is less clean than you think because it has electromagnetic fields, the effect is cancer, you're turning into a huge cancer cluster with the policies this City Council is putting in place. Steve Pierce commented as follows: • I want to thank Kenna and Phoebe for doing an excellent job tonight, giving a synopsis of what we've done to date and the need for funding to move forward from here • In particular, the grant writing service that can be used by multiple departments in the city, not just for climate action. • I want to circle back on an item that's earlier on the agenda regarding Recology. Just to put a bee in your bonnet, the contract for Recology is up at the end of 2023 • I think it will be a great time for the city to pursue an electric garbage truck. Healdsburg has already done this. They anticipated 65 metric tons reduction in greenhouse gases compared to the electric truck that they are using, which is 35 metric tons. • It's a way we can move the city forward in terms of greenhouse gas reduction • On the climate action framework, we're off to a good start. • I’m hoping we can see what kind of actions the City can take. Jann Eyrich commented as follows: • This is exciting to entertain change. • It's something that I think this town can embrace better than most. • Thank you for that presentation. • With regard to sustainable efforts, you want foot traffic, you want bikes, all these things are so important and so necessary. • The funding is there so I have to back up the grants, not back up hiring a grant person. • What we're proposing or hoping to entertain by the round tables on main street coming to your town April 13th, this is huge. • This is all about sustainability • This is about Caltrans standing there like with egg on their face asking why are you not asking us for money? Other groups are saying the same thing. • Let's get the ball rolling and support hiring a grant writer that would transcend. Agenda Item Number: 2 City Council Meeting Packet of: April 5, 2022 Page 8 of 41 Courtney Klein commented as follows: • I love the idea of having a grant writer. • The more grant writers, the better. • No one wants to deal with the headache of looking for grants, writing them, following up, making sure that all the little nooks and crannies are ticked off. • I really feel like hiring someone who will always be there to do that job is the best way to go. • I would love to see the grant writer. • I'd love to see a grant writer with special services. Angela commented as follows: • I'd like to invite the committee to please consider moving beyond sustainability and move to generative. • We need to go beyond the status quo. Michael commented as follows: • I just want to remind Council all the trash receptacles and the recycling receptacles on Main Street and in the plaza, that while it looks good, when you throw your recycling into those containers and you separate it with the compost and the recyclables, when the truck comes along, it's a single container trucks it all goes a single truck • You can ask Public Works. It's a single-container truck. • All of the Main Street receptacles are dumped into the same area. • I know it's a complex problem. I don't know how we're going to solve it. • I've known for the last six years that's how it's been. • I don't know what the point of having the recyclers on Main Street if we're going to throw it into the dump. City Council Discussion and/or Deliberations: Councilmember Rich commented as follows: • I just am so impressed by our climate action committee. • I look at the slides and having seen them go through the process, this is so true. • This is a group of really dedicated locals who have put their heart and souls and expertise into this effort. • Makes me proud of this town and proud of this dedicated group of volunteers. • We're so lucky. Councilmember Gurney commented as follows: • I was going to say something similar. • I am so grateful for their extensive volunteerism here and public service. • I would like to just point out, Josho who is here in person on Zoom, this is a fellow you can see in committee serving regionally as well. • Again, thank you to everybody. Councilmember Glass commented as follows: • Thank you also to all these people working on this committee. • We do have an incredible brain bank of expertise in this community on this particular matter. • We're very fortunate to be getting what's probably hundreds of thousands of dollars of professional advice • I'm wondering, it was mentioned that there is no more gas station ordinance moving forward. • I was wondering if there is any timing on that.