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City Council

Regular Meeting

Sebastopol, CA · October 18, 2022

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Minutes

Agenda Item Number: 1 City Council City Manager/Attorney Mayor Patrick Slayter Larry McLaughlin Vice Mayor Neysa Hinton lmclaughlin@Cityofsebastopol.org Una Glass Assistant City Manager/Attorney/City Clerk, MMC Sarah Glade Gurney Mary Gourley Diana Rich mgourley@Cityofsebastopol.org CITY COUNCIL REGULAR MEETING MINUTES MINUTES FOR Meeting of October 18, 2022 As Approved by the City Council at their regular meeting of November 1, 2022 The City Council Regular meeting was 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 Councilmembers will be teleconferencing into the meeting via Zoom. COUNCIL PROTOCOLS FOR 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. • 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, will be asked to adhere to protocols and /or will be removed from the meeting. Reminder please leave your microphones on mute until called upon and if you would like to provide your name during public comment you are welcome to do that but do not have to. Please note that minutes are not meant to be verbatim minutes and are meant to be the City’s record of Actions Taken (Approved Motion of Agenda Item(s)). 6:00 pm Convene City Council Regular Meeting (ZOOM VIRTUAL FORMAT) CALL TO ORDER: Mayor Slayter called the Regular meeting to order at 6:02 pm. ROLL CALL: Present: Mayor Patrick Slayter – By video teleconference Vice Mayor Neysa Hinton – By video teleconference Councilmember Una Glass – By video teleconference Councilmember Diana Gardner Rich – By video teleconference Councilmember Sarah Gurney – By video teleconference Absent: None Staff: City Manager/Attorney/City Attorney Larry McLaughlin Assistant City Manager/Attorney/City Clerk Mary Gourley Fire Chief Bill Braga Interim Police Chief Ron Nelson Planning Director Kari Svanstrom SALUTE TO THE FLAG: Mayor Slayter led the Salute to the Flag. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 1 of 24 Agenda Item Number: 1 PROCLAMATIONS/PRESENTATIONS: The following was presented: • Certificate of Appreciation – Sunny Galbraith – In Recognition of her Time and Committee as Chair to the Former Zero Waste Committee Reference Order Number: 2022-286 Mayor Slayter commented as follows: • I’m going to take this moment to sort of re-present a portion of a resolution that this Council passed last year, 2021. • Given the events down in Los Angeles with the recording of three Councilmembers stating deeply offensive things about human beings that they work with and children of people they work with, the Mayor and Councilmembers Association Chair scheduled a special meeting I believe for Friday on my calendar, where we will take up the topic of sending a joint letter from all cities in the County of Sonoma. • That will be a strongly worded letter. I saw a quick first draft of that and I know that it's being passed around and will be very strong in its wording. • For us as a City I thought it might be useful to re-present a portion of this resolution, number 6337-- 2021. • A resolution condemning and combating racism and intolerance against all people regardless of their race, color of skin, religion, national origin, sexual orientation, gender, gender identity, gender expression, disability, or age. Our commitment to inclusion and advancing equality and justice for people of all races, national origins, and ethnicities, and our commitment to a no tolerance of any actions and or comments of hate of any kind to any person. • I am paraphrasing some of these things so this is not the full resolution. • The important parts that I want to make sure I recite and that we reaffirm this evening, whereas all ask of hate and discrimination aren't difficult to our values as Sebastopol residents, Californians, and Americans. As a community it is our duty to promote respect, inclusion, and a welcoming community for people of all races, national origins, and ethnicities. And whereas, all acts of hate and discrimination aren't typical to our values as Sebastopol residents, Californians, and Americans. • We need to promote inclusion and a welcoming community for people of all sexual orientations, genders, gender identities, gender expressions, disabilities, and ages. • Whereas, all Sebastopol residents can play a role in establishing a safe and welcoming community by intervening in reporting instances of hate and discrimination. • Reporting these is critical to holding perpetrators accountable and fully addressing the issue. Therefore be it resolved that the City Council of the City of Sebastopol hereby condemns and will continuously work to combat racism, hate, discrimination, prejudice, and intolerance against all people. Be it further resolved that the Sebastopol City Council will work to ensure that all members of our community regardless of race, color of skin, religion, national origin, sexual orientation, gender, gender identity, gender expression, disability, or age, are treated with dignity and equality. • Be it further resolved that the Sebastopol City Council commits to advancing policies of inclusiveness, equity, and justice for all people. • And, that we will continuously support and promote community historical and educational projects that promote community, inclusiveness, and social equity for all sebastopolians regardless of differing characteristics. For me, this is also an important component of this. • Be it further resolved that the Sebastopol City Council values our entire community and continues our commitment to a no tolerance policy and reaffirms that anyone using abusive, vulgar, offensive, threatening, or harassing language, personal attacks of any kind or offensive terms to target specific individuals or groups, or makes efforts to disrupt city meetings will be muted and removed from the meeting. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 2 of 24 Agenda Item Number: 1 • In other words, we don't like bullies. I'm not sure that much more needs to be said about that. Reaffirming our commitment to diversity is an important thing we need to remind ourselves of from time to time, and that's why I felt it was necessary for us to take that moment to do that particular action. PUBLIC COMMENT FOR ITEMS NOT ON THE 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. Max commented as follows: • I just wanted to ask if there was a conflict of interest running the blog. • Since she is under contract for public relations and earning a consulting fee I'm wondering if the conflict of interest between her writing about the upcoming election and being paid by Council, and the fact that two City Council members have endorsed two candidates. • It seems odd that the City can use tax money to fund candidates directly tied to City Council members. • How is this not a conflict of interest? Steve Pierce commented as follows: • I want to thank the City Manager Larry McLaughlin for his many years of service and I also want to thank the City Council for shoring up City finances over the years to help us prepare for what we knew what was eventually going to come with his retirement. • He wears two hats and as a City Attorney, he has built up a good reserve over the years. • He financed the future pension costs at low interest rates. • I am concerned about the future of our City finances. • While we certainly need to have tight control on the budget and spend rate we also need to look at new revenue sources to overcome our deficit, build reserves and deal with new needs. • Here are three ideas to raise revenue but really we need to get moving on the request for proposal for the revenue consultant. • If we were to increase sales tax from 9.25 to 9.5 percent matching Petaluma we would raise around $120,000. • These are based on current budget documents • We need to increase the transit occupancy tax • If we were to increase transit occupancy tax from 12% to 14%, we would raise around $130,000. • If we were to institute a transfer tax to match Petaluma's rate, granted, we would have to become a charter city to pull that off, we would raise around $160,000. • I would really like a revenue consultant to dig into these numbers. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 3 of 24 Agenda Item Number: 1 • We have quite a few needs coming forward with new City Council who is going to be tasked with how are we going to raise revenue given our budget constraints Linda Berg commented as follows: • I would like to say that people are not commenting on this when they have an opportunity, as a matter of protest, about the exposure to wireless radiation which is in my opinion counterproductive. • So we need to speak up in addition to protesting out there with signs and passing out pamphlets and stuff. • But anyway, aside from that I would like to say, I had a heck of a time getting on this call at all. • It took me about 15 minutes, I don't know why that is. It might be something maybe on your end, I'm thinking, possibly. • Speaking of bullying, does that include bullying the police department to the point of our wonderful police chief went and quit • That kind of behavior extends to the rest of us, being bullied by our own City Council and our Mayor, in my opinion, and that includes to the fire department trying to get rid of them. • There's no place for that kind of behavior. • The intolerance and the lack of acknowledgment of what you are doing to yourselves and this community and the rest of us who know that we are being cooked alive, it's not humane. • It turns out that there's apparently a media blackout about this whole subject of the effects of electromagnetic fields on biology and the Press Democrat wont ouch it with a 10 foot pole but thankfully the Bohemians will so that's about it. • I would appreciate it if the rest of you could kind of heads up and stop killing yourselves. Mayor Slayter asked for a response to public comments. • A couple of questions were raised. • I will ask the City Attorney to comment on the questions, first the comment made to Councilmembers who are the employer's of a contract position. • I'd like you to clarify what the actual relationship is between Councilmembers and contract consultants. • Also is there a conflict of interest by Laura Hagar Rush with her consultant position with the City and how is this not a conflict of interest? City Manager/Attorney McLaughlin commented as follows: • First of all, we've assured that our consultant with publication of the Sebastopol Times to keep that separate from her Relaunch activities. • We continue to work with her to assure that that continues to be the case so I do not believe there's a conflict of interest between those two endeavors. • Being employed by the same person; City Council is not the direct employers of consultants. • First of all there is no employer and employee relationship with a consultant at all. • Secondly, the city is the contracting party. That is so consultants contract with the City which is a public corporation. Mayor Slayter commented as follows: • One minor correction regarding the comment about the fire department. • That is a study that is underway, to study the best way to deliver fire to emergency services to the residents of Sebastopol. • There is no action at all. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 4 of 24 Agenda Item Number: 1 • The only thing going on is an independent third-party consultant is studying the issue from all sides and has been tasked with providing an independent and completely neutral recommendation to the City Council. • So, that is what that is. • It's about providing the best possible fire and emergency services to residents of Sebastopol and what that look like is what we are studying. • We don't know yet. 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. There were no statements of conflicts of interest stated at this meeting. 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 asked if any Councilmember wanted to remove a consent calendar item. Councilmember Gurney requested to remove Item Number 5 from the consent calendar. Mayor Slayter opened for public comment on the consent calendar. Linda Berg commented as follows: • Discussed item number 6 • I think that's interesting and it just occurred to me that the question might be worthy of looking into a conflict of interest with our Public Works. It has just been a farce and a fraud about the wireless water meters hoisted on us Mayor Slayter commented that the Public Works Superintendent is a required individual to file a statement of conflict of interest for personal financial reports. Linda Berg commented as follows: • That whole thing has been a farce and a fraud from the beginning and from the bogus water survey. Anyway, it has just been rife with fraud and miscommunication all along the way to this day when, can you imagine, they shipped a whole container, cargo container, shipping container full of the wrong kind of lids. • Oval lids for rectangular boxes Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 5 of 24 Agenda Item Number: 1 • Medication has been so messed up and there's a big point to the communication was the narrative given to you all that you routinely have voted 5 - 0 in favor of the wireless water meters that was created by the corporation. • That whole thing, the process needs to be looked at • I can't imagine why but clearly not acting in the interest of the community and I’m wondering if there's some kind of financial incentive for him to act in the interest of a corporation. Thank you. Mayor Slayter called for a motion. MOTION: Councilmember Gurney moved and Councilmember Glass seconded the motion to approve Consent Calendar Item(s) Number(s) 1, 2, 3, 4, 6, 7 and 8. Item Number 5 has been removed from the consent calendar 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 1. Approval of Minutes of September 20, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved Minutes of September 20, 2022 City Council Regular Meeting Minutes Minute Order Number: 2022-287 2. Approval of Minutes of October 4, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved Minutes of October 4, 2022 City Council Regular Meeting Minutes Minute Order Number: 2022-288 3. Approval of Minutes of October 5, 2022 City Council Special Meeting Closed Session Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved Minutes of October 5, 2022 City Council Special Meeting Closed Session Meeting Minutes Minute Order Number: 2022-289 4. Approval of Contract with Sonoma County Registrar of Voters for Agreement of Election Services The current agreement expires on December 31, 2022. The proposed agreement will take effect January 1, 2023, and run through December 31, 2027. (Responsible Department: City Administration) City Council Action: Approved Contract with Sonoma County Registrar of Voters for Agreement of Election Services The current agreement expires on December 31, 2022. The proposed agreement will take effect January 1, 2023, and run through December 31, 2027. Minute Order Number: 2022-290 Resolution Number: 6480-2022 5. Resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID- 19 state of emergency and that the following circumstances exist: a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 6 of 24 Agenda Item Number: 1 b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing. Resolution needs to be submitted to Council every 30 days Continuation of Virtual Meetings: First Approved: September 21, 2021 i. Approved for Continuation: October 19, 2021 November 16, 2021 December 7, 2021 January 4, 2022 February 1, 2022 March 1, 2022 March 15th 2022 April 5, 2022 May 3, 2022 May 17, 2022 June 7, 2022 July 5, 2022 August 2, 2022 August 31,2022 Proposed Approval (30 day extension requirement). Next Action: Scheduled for November 15, 2022 City Council Meeting City Council Action: Minute Order Number: 2022-291 Resolution Number: 6481-2022 6. Approval of Biennial Review of City of Sebastopol Conflict of Interest Code. As required by the Political Reform Act (Government Code Section 87300 et. seq.), the City is required to review and amend, biennially, the previously adopted Conflict of Interest Code. This Code designates employees who must periodically disclose certain personal financial holdings based on their position by filing a Statement of Economic Interests (Form 700). These filers are informally referred to as designated officials. (Responsible Department: City Attorney/City Administration) City Council Action: Approved Biennial Review of City of Sebastopol Conflict of Interest Code. As required by the Political Reform Act (Government Code Section 87300 et. seq.), the City is required to review and amend, biennially, the previously adopted Conflict of Interest Code. This Code designates employees who must periodically disclose certain personal financial holdings based on their position by filing a Statement of Economic Interests (Form 700). These filers are informally referred to as designated officials. Minute Order Number: 2022-292 Resolution Number: 6482-2022 7. Extension of Emergency Proclamation of Local Emergency (COVID-19) issued by the Director of Emergency Services (Fire Chief) City Council Action: Approved Extension of Emergency Proclamation of Local Emergency (COVID-19) issued by the Director of Emergency Services Minute Order Number: 2022-293 Resolution Number: 6483-2022 8. Approval of Allocation of Budget for Flood-Related repairs and Consultant services for the Sebastopol Cultural Community Center (Responsible Department: City Manager/Administrative Services) City Council Action: Approved Allocation of Budget for Flood-Related repairs and Consultant services for the Sebastopol Cultural Community Center Minute Order Number: 2022-294 Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 7 of 24 Agenda Item Number: 1 Resolution Number: 6484-2022 REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): 9. Consideration of Fossil Fuel Treaty Support (Responsible Department: Planning) – Continued from City Council Meeting of October 4, 2022 Planning Director Svanstrom presented the agenda item recommending the City Council consider endorsement of a call for an international treaty to phase out fossil fuels. Woody Hastings provided additional information on the item. Mayor Slayter opened for questions. Councilmember Gurney commented as follows: • I'm just wondering if this is something that you will be potentially campaigning to the other Sonoma County cities after we get through this tonight. Woody Hastings commented as follows: • This is something that is not a project or program of CONGas (coalition opposing new gas stations). • CONGas is narrowly focused on stopping the construction of new gas stations primarily in Sonoma County so there is no plan or intention for CONGas to take this up as an issue. Councilmember Gurney commented as follows: • How about yourself? Will you be campaigning it? • I'm asking because it might be one action we do tonight, to raise this issue with Mayors and Councilmembers or to send a letter to other cities advising this action. Woody Hastings commented as follows: • The organization that I’ve worked most closely with on this issue is an organization called stand.earth. Folks may not be familiar with that name. • It's an international environmental organization and they were previously known as Forest Ethics and they have changed their name to stand.earth. • There are a lot of organizations involved and I do actually intend to work with stand.earth to share information in the news about Sebastopol’s action and urge other cities in Sonoma County and perhaps beyond Sonoma County to do what I hope Sebastopol will do tonight. Mayor Slayter opened for public comment. Linda Berg commented as follows: • I would like to thank Woody for his efforts for the issue of endeavors toward climate change. • However, there is are a few things that I’m sorry to say need to be looked at. • That is apparently the alternative to the gasoline fueled cars is largely electric. • I'm thinking that may not be the best idea considering that we are dependent upon a crooked, corrupt energy organization PG&E, although you are going to say clean energy but they own and control the transmission lines. • They are the ones providing us with more instruments that have put into my 60 unit apartment complex without my consent or knowledge both gas and electric. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 8 of 24 Agenda Item Number: 1 • The thing is everybody needs to look at the biological consequences of exposure to electromagnetic radiation which is a byproduct of man-made electromagnetic fields. • And electricity. Electricity puts off a magnetic field which the biological effect promotes cellular growth as a cancer is just soaring. • Here we are in national breast cancer month not looking at, not looking at that at all • According to the newspaper of our population in Sonoma County, new diagnosis of cancer every year. City Council Discussion and/or Deliberations: Mayor Slayter commented as follows: • Over the last couple of weeks I become more and more aware of some of the historical races around the country and how many candidates are running on a platform that says we need to increase fossil fuel use. • We need to increase nonrenewable energy use. • I don't get it. I guess you can snap your fingers and make science bend to your will or that's what it appears. • So I don't know why we would not support this. • This feels like something that is very much in line with past actions and with, I believe, where this Council sits from a fossil fuel use perspective. Councilmember Rich commented as follows: • I'm very much in support of supporting this action. • However I wanted to ask the question, probably of City Administration, is there some downside to approving this? • Does our approval of this particular resolution in any way limit our options later on in terms of related policy decisions? • I think not but I just want to ask the question maybe of our City Attorney. City Manager/Attorney McLaughlin commented I don't know of any but I have not exhaustively studied every road that we might go down after passing this. Woody Hastings commented as follows: • We did pose pretty much this question or a question along these lines, and again, in the CAC. The action we would be taking this and forcing a call for the nations of the world to deliberate and to arrive at an international agreement around nonproliferation of fossil fuels and the phaseout of the use of fossil fuels. • So this is not something where there is anything specific, a repercussion that would sort of kick in immediately because you called for this. • This is an initial step in arriving, hopefully, in the Not-too-Distant future, at an international agreement around limiting fossil fuels, in recognition of a planetary crisis. • Let me briefly respond to the concerns that Linda Berg raised, or at least some of them which is that my approach to this, switching to electric vehicles, my approach is that we really don't want to just switch gas cars to electric vehicles. We really need to work on expanding options for mobility for everyone and that is everything from clean emission public transit to improved amenities for bicycling and walking and maybe some of these micro-mobility things. • Also with electric vehicles, mining for natural resources like Earth metals. Lithium, cobalt and that kind of thing. • We should, as we develop any new technology, really try to do the best to not repeat the mistakes of the past and seek to treat communities and the environment fairly when we are doing extraction of natural resources. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 9 of 24 Agenda Item Number: 1 • I just wanted to pitch that. Director Svanstrom commented as follows: • To address the questions, on page 5 of the report, as part of the attachments, it talks about some of the things they are trying to do on a larger scale, such as phasing out in stock piles, not creating new fossil fuel exploration/mines, and transition to other renewable energies. • Locally, not in the mineral mining industry, so all of these are larger components which are part of the initiative. The one that would be relevant is that one of the provisions is to assist workers and communities to transition out of fossil fuels, and I think the Council has already done that. • The documents which do guide the Council specifically and could ‘limit’ City actions as “stricter” guide is a the General Plan policies about reducing greenhouse gases and similar policies. Councilmember Glass commented as follows: • I think this is just the kind of thing that the people of Sebastopol support. • We are a town that believes In science and facts and this is a scientific and fact-based initiative and I am 100% for it. MOTION: Councilmember Glass moved and Councilmember Rich seconded the motion to approve endorsement of a call for an international treaty to phase out fossil fuels. 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 City Council Action: Approved endorsement of a call for an international treaty to phase out fossil fuels. Minute Order Number: 2022-295 Mayor Slayter commented this will be circulated through the Mayors and Councilmembers Association. INFORMATIONAL ITEMS/PRESENTATIONS: (Please Note: Although informational/presentations items are routinely informational in nature, some informational items may contain request for actions such as support, direction to staff, follow up, or receipt of item based on the presentation/information provided.) 10. Informational Presentation: Map Your Neighborhood (MYN) and Sebastopol Neighborhood Communications Unit (SNCU) Twice-Annual Report. Skip Jirrels, Stan Green, Fire Chief Fire Chief Bill Braga presented the agenda item. Skip Jirrels and Stan Green provided a presentation to the City Council. Mayor Slayter opened for questions. Councilmember Rich commented as follows: Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 10 of 24 Agenda Item Number: 1 • I was hoping that as the liaison to this hard-working and productive duo, I could make a few comments to supplement what they've said. • One thing I think is really important for everyone to recognize is that there is a training piece, and engagement piece, all of that is really important especially in an emergency but we as City Council allocated funding to this grassroots emergency effort and have to report out how satisfied and pleased I am as a City Councilmember especially on the budget committee, to know that they have purchased equipment in order to set up actual communication hubs that will be staffed by volunteers, and that they have a system in place that relies on ham radio operators and the GMRS system which is what they have been organizing. • So this is beyond just a conceptual piece where there is engagement and communication and training, all of which are really important. • They are implementing are on the verge of implementing setting up hubs, they've identified locations, they've worked with local people who are willing to host the equipment, they determined that in fact there is enough range to cover our entire town and engage not just the city limit population but also as the fire chief recognizes the greater community. • Even beyond the English-speaking to a marginalized group that really contributes a huge amount and this is two guys who, let me tell you, do not speak Spanish. • So they are willing to engage and facilitate the solutions that will bring people in so just to emphasize there's a foundational piece, a planning piece, but there is action moving forward in an emergency that will help all of us if cell phones will not work. • I know that's what chief has been really impressed by and what I've been impressed by. • So just wanted to share that and applaud the movement and the success and the set up of the hubs. Mayor Slayter opened for public comment. Map Your Neighborhood (MYN) and Sebastopol Neighborhood Communications Unit (SNCU). Linda Berg commented as follows: • First of all I want to thank our fire department and the other two fellas. Believe it or not you are in my prayers nightly. • This whole wonderful town that we all love, is as well, of course. • That said you are the best and of course you know, I want to keep you here as opposed to keep this nice independent fire department but is with a little bit of perhaps tweaking for medical emergencies that take up a lot of your time and energy. • That said, my comment is, it's directly related to our safety and health and PG&E's wireless meters which they have placed recently without our consent or knowledge. • They are powered by lithium batteries, they don't last but about five years, but they are hazardous conditions in themselves and they start fires. • They start fires because they lack surge control and are not properly grounded unlike other cheaper, durable analog meters are. • During the fire when people were fleeing in the middle of the night they heard pop pop pop pop and that was the smart meters exploding. • So one of the best things we can do whichever ready talked about, I've given him information about this, is to remove the smart meters. • Don't let them put them in, and retain durable, cheaper, safer analog meters. Pamela commented as follows: • I'm a member of the meet your neighbor leader council Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 11 of 24 Agenda Item Number: 1 • I was really disappointed when the Sebastopol community newsletter for the month of September which is national preparedness month came out and all of the resources, the resource list neglected to list what's going on right here in town. • It was inadvertently left off the list and I wanted to mention that so that we can be more mindful going forward. City Council Discussion and/or Deliberations: Mayor Slayter commented as follows: • My one take away on this is a request from Skip and Stan and chief. • To once again state how community members can get involved in this. • Who should people contact and what are the best first steps for people who want to get involved or be moderately more prepared than they currently are. Skip Jirrels commented as follows: • So Sebastopolready.org is the website that presents a lot of the information that is necessary for people to hopefully get the interest be and there's also a calendar. • On the calendar are the MYN classes, trainings, anything that we can count on happens there and if people are interested you can click on one of the calendar items and sign up for a particular class, to come to a Council meeting, or to come to one of the SNCU meetings. • In all probability that's probably the best way for people to get introduced into it but I also suggest people ask neighbors if anybody knows about it because there are actually, they have 448 people on our list now from in and around Sebastopol and it's likely that someone knows something about MYN. • But Sebastopolready.org is really the way to go. Councilmember Gurney commented as follows: • I didn't have a question but I wanted to add a personal story from my neighborhood. • We are one block long neighborhood on a 2 blocks long St. • As a result of being organized, we located the meters and shut off tools and all that but importantly we started meeting socially to become better acquainted and at the last meeting we realized we had gone through one person who has fallen down, one major surgery and another person with a surprisingly serious hospitalization. • Another is not so organized and we realized we had been worrying about a car that disappeared. • Luckily it was all fine but my end of the block is trying to get the other end of the block organized because this connection is hugely satisfying and when you need someone's help you know their name and you know how to reach them. • It's very much adding to the sense of security. We all face threats sometimes. • So I commend this program and I want to thank Skip and team and all the volunteers getting it going over a long time and making it so vital. Councilmember Glass commented as follows: • I just wanted to share my neighborhood story. • Mine really precipitated the neighborhoods getting together a lot more so. • All of that safety stuff and we have all of the stuff figured out but the other really fun thing is it is made of a gathering on our neighbors front porch every month or two and one month we had a get together where our neighbor made a big mail so it's not only about safety. • It's about actually having fun. So you can advertise this is a fun thing. • So thank you for all of the work you guys are doing. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 12 of 24 Agenda Item Number: 1 Mayor Slayter thanked the presenters. City Council Action: None Required. Informational Only. Minute Order Number: 2022-296 PUBLIC HEARING(s): 11. Public Hearing – Introduction and First Reading of Municipal Code Amendment to Section 5.58 “Coin- Operated Play Devices”. This amendment would remove language that prohibits businesses that offer coin-operated play devices from serving alcohol on premises when minors are present. As noted below the following amendment to remove language from the City’s Municipal Code will be considered: Chapter 5.58 Coin-operated Play Devices. 5.58.100.A.10 No alcoholic beverages shall be sold or consumed on the premises, except those businesses where minors under the age of 21 are prohibited by law. (Responsible Department: Planning Department) Associate Planner John Jay presented the agenda item recommending the City Council approve introduction and First Reading of Municipal Code Amendment to Section 5.58 “Coin-Operated Play Devices”. This amendment would remove language that prohibits businesses that offer coin-operated play devices from serving alcohol on premises when minors are present. As noted below the following amendment to remove language from the City’s Municipal Code. Chapter 5.58 Coin-operated Play Devices. 5.58.100.A.10 No alcoholic beverages shall be sold or consumed on the premises, except those businesses where minors under the age of 21 are prohibited by law. Director Svanstrom presented additional information. Mayor Slayter opened for questions. Mayor Slayter commented as follows: • I do have a couple that I will start with and this is regarding the somewhat mixed up process, understanding that this is kind of an archaic section and a weird thing that honestly nobody knew existed in our ordinance or business license ordinance. • Where are we with applications and fees on this one? • The project must have paid the fee for the conditional use permit, correct? • Is that the only planning application that was needed? Staff commented as follows: • That is correct. • It's a deposit account and I would ask that we not charge this component because of it’s a staff error. I would not feel good about that. Mayor Slayter commented as follows: • The application and all of the other work that preceded this action, our potential action is not here so I did a little digging and came up with some of this, these Planning Commission items. • The zoning amendment would normally be a fee that a project owner or proponent would pay. Staff commented as follows: • That is correct, we would process on a deposit basis. This Zoning amendment is frankly a relatively simple ordinance revision. It has not taken a lot of time to put this together. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 13 of 24 Agenda Item Number: 1 Councilmember Gurney commented as follows: • I just have to ask the same question again, or simply, is the Use Permit approved the way that Adam wants it if we agree with the amendment tonight? • Or does he have to do something more? Staff commented as follows: • The Use is approved already. • This was done by the Planning Commission in a prior hearing. Councilmember Gurney commented my question was – does he have to do anything more or, if we go through and pass this amendment, is he just done and got the Green light? Staff stated yes, he would have a green light if this is adopted. Councilmember Gurney commented as follows: • Is 2:00 A.M. typical closing time? • That struck me as really late for a facility that is supposed to be kid friendly. • What context does that fit in? Staff commented as follows: • It is allowed within our code. • We don't have any restrictions on that and there are times of day where it would be family or younger adults by themselves but he can probably respond to that, ad he could explain his business model. Adam commented as follows: • For the question that was just asked, I guess 2:00 A.M. closing time. I think for us we would probably have family time as mentioned, and then the reason why we have asked for 2:00 A.M. closing time is because in lot of staff particularly at the Barlow have asked me to open after 9:00 P.M., particularly Friday and Saturday as late as possible to serve the industry people. • I also would like to do adults only after a certain time but that has not been determined yet. • It would be a reasonable time and then having adults only after a certain time for the arcade would also be beneficial to the clientele that I will be looking for after a certain time. The main reason why I want it to be family friendly is because I have two kids and I wanted to share the 80s and 90s vibe in a family- friendly environment. • Also the people that my clientele in terms of the family-friendly side will be open for families and will be more like my peers in terms of adults with young kids. • I really would like to share that with the youth particularly because we are basically telling a story of an American pastime so 80s and 90s retro arcades and pinball. • I don't know if I answered your question. • I would just like to think everybody being here and showing up for this meeting. Councilmember Gurney commented I appreciate that information and I like the idea as well, the adult time. Mayor Slayter opened the public hearing. Municipal Code Amendment to Section 5.58 “Coin-Operated Play Devices Linda Berg commented as follows: Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 14 of 24 Agenda Item Number: 1 • This doesn't sound like a good idea to me but anyway to begin with, you know I've said it several times before the reason why it's even there is because the previous planning director altered a traffic study which we are now dealing with the consequences of a massive traffic on a daily basis in the afternoon, at least. • I've also mentioned before, people did not take into consideration the biological consequences of all of the radiation from smart phones and meters bouncing off of the metal walls of electromagnetic radiation that's amplified again by bouncing off the walls . • It is a hot spot and I can't tolerate being there. My meters reflect high levels of radiation there. • This is going for more drunk young adults up until 2:00 A.M. • It's going to be detrimental, maybe beneficial for his bottom line but detrimental to the city. • We don't need a bunch of drunk young kids out on our streets where we don't have adequate police staffing to handle all the problems. • That only are these kids and people going to be inebriated and things like that out on the streets, but they are going to be being cooked alive, again, by their own cell phones and wireless devices that the city has allowed. • I urge you to vote against it. Hearing no further comments, Mayor Slayter closed the public hearing. City Council Discussion and/or Deliberations: Mayor Slayter commented as follows: • Mayor Slayter commented on the idea brought up by Councilmember Gurney about creating an adults only time, is that something that Council has the ability to condition at this point, or is it something that would have been part of the Planning Commission review? Staff commented as follows: • That would have been part of the use permit. • I don't know if the applicant is going to do something like that. Mayor Slayter commented I was trying to understand where we are if that is something we can add tonight. City Manager/Attorney McLaughlin commented as follows: • We cannot change that. • One reason, as the Planning Director indicated, it has already been through the Use Permit portion of the process. • The other reason is that I don't think there is a nexus to the issue that would justify any condition like that. • If the applicant chose to do that, 100% voluntarily that's fine. Councilmember Gurney commented as follows: • I was following up on something that Adam said and it was his idea that I liked. • I think Adam is interested and will follow through however he wants because we can't do that. Vice Mayor Hinton commented as follows: • To hear that we have a new business coming to town, I've been to a business similar compared to this in the staff report, the Epicenter I think it's called. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 15 of 24 Agenda Item Number: 1 • It was a great experience with kids and parents and some beer and wine and didn't seem to be an issue and I would love to keep people in town and also if you have been out at night, there's not much that happens after midnight. • So if people want to hang out and stay on until 2:00, I hear what he is saying but I don't think like I need to set a rule. • I'm sure as a responsible business owner, I feel confident that a lot of kids are not going to be playing pinball at midnight. • But anyway, hope we can do this cleanup and welcome this new business owner to town. MOTION: Mayor Slayter moved and Councilmember Rich seconded the motion to approve introduction and First Reading of Municipal Code Amendment to Section 5.58 “Coin-Operated Play Devices”. This amendment would remove language that prohibits businesses that offer coin-operated play devices from serving alcohol on premises when minors are present. As noted below the following amendment to remove language from the City’s Municipal Code. Chapter 5.58 Coin-operated Play Devices. 5.58.100.A.10 No alcoholic beverages shall be sold or consumed on the premises, except those businesses where minors under the age of 21 are prohibited by law. 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 City Council Action: Approved introduction and First Reading of Municipal Code Amendment to Section 5.58 “Coin-Operated Play Devices”. This amendment would remove language that prohibits businesses that offer coin- operated play devices from serving alcohol on premises when minors are present. As noted below the following amendment to remove language from the City’s Municipal Code. Chapter 5.58 Coin-operated Play Devices. 5.58.100.A.10 No alcoholic beverages shall be sold or consumed on the premises, except those businesses where minors under the age of 21 are prohibited by law. Minute Order Number: 2022-297 Proposed Ordinance Number: 1143 Consent Calendar Item Number 5 as Removed for Discussion: 5. Resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency and that the following circumstances exist: a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing. Resolution needs to be submitted to Council every 30 days Continuation of Virtual Meetings: First Approved: September 21, 2021 i. Approved for Continuation: October 19, 2021 November 16, 2021 December 7, 2021 January 4, 2022 Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 16 of 24 Agenda Item Number: 1 February 1, 2022 March 1, 2022 March 15th 2022 April 5, 2022 May 3, 2022 May 17, 2022 June 7, 2022 July 5, 2022 August 2, 2022 August 31,2022 Proposed Approval (30 day extension requirement). Next Action: Scheduled for November 15, 2022 City Council Meeting City administration presented the agenda item recommending the City Council approve Resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency and that the following circumstances exist: a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing. Resolution needs to be submitted to Council every 30 days Continuation of Virtual Meetings: First Approved: September 21, 2021 ii. Approved for Continuation: October 19, 2021 November 16, 2021 December 7, 2021 January 4, 2022 February 1, 2022 March 1, 2022 March 15th 2022 April 5, 2022 May 3, 2022 May 17, 2022 June 7, 2022 July 5, 2022 August 2, 2022 August 31,2022 Proposed Approval (30 day extension requirement). Next Action: Scheduled for November 15, 2022 City Council Meeting Mayor Slayter opened for questions. Councilmember Gurney commented as follows: • I did have a question about this because I right away wanted to know if California was still in a state of emergency and that's how I picked up on Governor Newsom's decision that it will end 2023. • I checked with staff who has updated the information on the staff report and I appreciate doing that and providing me additional information. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 17 of 24 Agenda Item Number: 1 • The question raised was if Council would like to have a discussion now that we can anticipate a certain opportunity to change if they would like to give direction is to protocol, timing, procedures, et cetera. • That was the question that arose from digesting the updated information. Councilmember Rich commented as follows: • Thank you for doing that research. • You indicated that you needed to do a deeper dive so my question is if you discover that this action requires after the 28th, that this City Council needs to go back to in person or hybrid meetings, how much advance notice does the City Council, I what point before February 28 with this City Council need to start making decisions in order to allow that hybrid or in person meeting option to begin as of March 1? • Hypothetical. Staff commented as follows: • Hypothetically, the discussions for in person or hybrid meetings has been on the calendar for one of the January meetings. • In that time we've already been in communication with the community center. • For the last few months they've been ready to go to either in person or hybrid. • They were able to rent out the buildings and we will be ready to go February and the March timeframe. • Based on what I've researched it sounds like we would still have the option to go January 2024 if the city wanted to do that but that still needs to be researched and how it can be done. Councilmember Rich commented this may be beyond what can be discussed at this meeting giving the nature of the agenda item but if we look at what other communities are doing, we are one of the few in Sonoma County why are we waiting until January? Staff commented as follows: • We told them that we would through December not need use of that room so our determination, if Council wants to stop earlier than that then we would need to have an agenda item to come back to City Council for full discussion. • The earliest this could be discussed would be the December meeting Councilmember Rich commented the answer is the community center has been told that they have use of the building to the end of December at the moment? City staff stated through November with the possibility of December based on the fact that would allow them the opportunity to rent it out in the Community Center. Mayor Slayter opened for public comment. There was no public comment. City Council Discussion and/or Deliberations: Councilmember Gurney commented as follows: • I find that disappointing because I think the public should be very invested in our procedures whether they are by zoom, hybrid, or in person. • I'm particularly interested in this Council discussing this issue appropriately even if it is the quickest, briefest staff report. • I think we have experience to understand the impact of certain protocols. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 18 of 24 Agenda Item Number: 1 • I would really like to know if the newly elected Councilmember is going to be allowed to not run video during a meeting. • Those sorts of points are ones that we could advise future electives on from our experience because most of the people who did appear in public and that's a different kind of meeting then this zoom situation so I for one would really appreciate that opportunity and I know that it's crowded and maybe we have to start that meeting in our earlier something to allow for all of the work, the last crunch of work this group gets to do. Councilmember Rich commented as follows: • I'd also appreciate the opportunity to address this issue earlier than January and honestly for me it's more about seeing what's going on in the rest of Sonoma County and having people ask me why is it that you have not gone to a hybrid model? • I've also had conversations with leadership at the community center that indicates that they are fully prepared to move forward with that model. • So I think it would be worthwhile to have us lay set on the agenda, my individual request would be that the agenda setting committee at least consider moving that ahead to start the discussion so that we are ready to go and can be prepared either way. Vice Mayor Hinton commented as follows: • I was one of the two Councilmembers remaining past early December and I feel like the decision was discussed and made, I do recall, in a Council meeting and agreeing to go through the end of the year. • I also attended a recent debate with the candidates and I think this was discussed a little bit, and the new candidates, most are in favor of a new hybrid. • I would be okay either way but I think this is really a decision that's going to be made by a new Council and we are how many meetings out until election so it seems like we should let the new Council discuss this and put it on our agenda for the first December meeting. • I can't imagine we will have an in person meeting between that and this one so that's my feedback. Mayor Slayter commented as follows: • A general request for an agenda item sooner rather than later to discuss this under an appropriate umbrella with an agenda iced item. • I think anything beyond that in regards to these larger questions are nothing that we can go much further with as far as discussions this evening. Councilmember Rich suggested to the individuals in this meeting that the commentary expressed through emoticons needs to be respectful. MOTION: Mayor Slayter moved and Councilmember Rich seconded the motion to approve resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency. Discussion: Councilmember Gurney commented as follows: • I realize that three of us are leaving, and two are continuing, one of whom has already said she would like this group to discuss. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 19 of 24 Agenda Item Number: 1 • My suggestion is we can simply give input, and as experienced people I would think the less experienced people maybe curious and interested in that and maybe they will take some of it on and maybe they won't but I think it's a discussion well worth having because we've been in both worlds. • So I would appreciate the agenda review, letting it go forward. • I fully support this item. I just wanted to have this conversation related to it so when we got the updated information in front of the public. 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 City Council Action: Approved resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency. Minute Order Number: 2022-291 Resolution Number: 6481-2022 CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS: 12. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting). City Manager/Attorney McLaughlin commented as follows: • I have a brief report on the subject of the Palm Avenue improvements that is not agendized this evening for any decision or direction. • It will be returning to the Council subsequently as I'm about to report. • Working on this problematic project, it was determined there were different issues discovered that will recover additional work beyond the amount of money that has been budgeted for this project. • It was discovered that it was for the deterioration for the road base under the roadway. • There's a problematic vest that needs to be addressed and a few other minor issues all of which have resulted in an increase in the estimated cost of $20,000. • At this point it is too late to do any work anyway so it's proposed that this matter will come back to counsel and the midyear budget adjustment time and we will present at that time, a request for additional money to go another direction. • I wanted to report on that to the Council to know the status of that particular improvements and that's my only report 13. 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 or written reports provided at the meeting) Councilmember Rich reported as follows: • I would like to report on the Sebastopol Climate Action Committee, the Zero Waste working group that is a part of that time it action committee, and Zero Waste Sonoma. • Engaged in a really interesting goalsetting process. I'm participating in that, and it's a very interesting effort of there's to identify their mission which they don't yet have which is kind of interesting. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 20 of 24 Agenda Item Number: 1 • So that process is moving forward and is very productive of under an amazing director. • The Climate Action Committee has been working on a number of efforts and most recently looking at the Green building code and how they should be approaching the issue and how broad should be or how narrow should it be? What's the bigger vision versus the practical vision? • It has been a very interesting discussion as they work through that and work with staff and it seems that that has been very productive and I'm sure Councilmember Gurney will have something to add on to that topic. • The Zero Waste working group is now part of the Climate Action Committee. • They are also in a goalsetting process and have invited Zero Waste Sonoma to present at the next meeting who put together the climate action framework presenting so again it's gathering information to get down to some specific projects that the group may be able to do. Vice Mayor Hinton reported as follows: • So the big project that I've been working with for months we've probably all heard were the new bylaws for the Mayor and Councilmembers, and that we will move forward on hiring a part-time person. • There are some adjustments on that and although I could not attend because it was in conflict with another event which was the awards presented to the status on women which I participated in as a fifth district appointee for the Sonoma County spirit awards • We also have a legislative committee coming up this Friday but we did cancel last month's meeting and I believe we had a brief meeting. • If any of my colleagues is interested in attending in my spot, the Watershed Association is going to do a field trip coming up on the 27th and that will take most of the day so if anybody has an interest in it, they just actually hosted, posted the details on it today and we received that online so I think that's about it for me. Councilmember Gurney commented as follows: • Councilmember Rich did a great job of reporting on climate action and Zero Waste so I won't go over that other than to commend the enthusiasm and dedication of these groups. • I've never seen more active of citizens researching what they are curious about so again I commend them. • I wanted to mention two things from the meetings. Mark requested a resolution that was prepared by staff and then went on at the meeting to ask for its expansion. This was driven by Cotati and the Tesla for the police department and the information was that they would save $10,000 in costs for the vehicle and also recover $20,000 of retail value so the decision was based largely on the economy that it presented but also the use of an electric car. • Mark asked that the resolution be expanded to ask cities to electrify not just the law enforcement fleet as originally written but all fleets that they have an understanding that some particular vehicles may not be yet appropriately made electric. • It seems that the resolution encouraged all cities to charge vehicles with Green power. In other words, to join evergreen. • So that was a big success and it passed unanimously from the Board and will go out to all of the cities. • That would be fun in our future to have our people driving around in a Tesla. I would like that. • We also heard some news from Supervisor Hopkins under announcements where she said I want to make some good trouble, a very famous quote. • She mentioned that each Supervisor has been given $2 million in funding to distribute on transportation projects so I want to share with you her further explanation of what she's looking for. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 21 of 24 Agenda Item Number: 1 • She says we don't have a specific deadline and would welcome brainstorming conversations with Sebastopol city regarding potential projects. • The intention is broad, and to invest in otherwise unserved local communities and infrastructures in need. • Each supervisor has considerable expression to identify the most pressing needs and the communities they represent. • From the Supervisor - my goal is to support climate mitigation and adaptation into projects and I would love to partner on the bike and pedestrian focused projects with the city while also recognizing there are limited funding. • So she is inviting us to submit projects that support safe routes to school and asking for what I would call nomination of projects. • I reached out to staff to see if we can put a need together but I think it's something like palm avenue and kind of more ready than other things but perhaps that would fit in as we do brainstorming, if staff could come up with some great ideas because we have connectivity problems but there is $2 million up for grabs in West county and there is a lot of need in the community for that. Mayor Slayter reported as follows: • That is an interesting thing they've done and the numbers make sense. It's not just a showpiece. It's a financial benefit. • I think a decade ago when we passed the comprehensive ordinance, we were the second city in the state to do that. • The first was the actual comprehensive one that was not meant to discover new subdivisions of standard subdivision type housing. • The other community that did it was Lancaster and the reason they did it was economic and the reasons that we did it largely were environmental and those two items, those two camps don't generally agree on much when it comes to these types of things. • In this case it just makes good sense. • I do remember that we discussed this talking about the General Plan several years ago. • I don't have it in front of me and I didn't have a chance to look it up, but I think there is something about the fleet moving toward electric vehicles as a stretch goal so maybe it's not such a stretch any more so it's good to see that they have done that action. • We need to revel in each other's successes. • The groundwater sustainability agency. With the approval of the groundwater sustainability plan the GSA has now approved the GSP. • The measures are starting to crank so it's a lot of staff time and water walking us coming along with that stuff so that is happening. I'm trying to remember if that has been through state approval yet. • I've had a couple of conversations with Senator McGuire largely surrounding North of us . • Small communities in Northern California in districts of Senator McGuire or Senator Dodd’s although there are a couple in Lake County but there are a lot of small cities that have other situations so the legislature is very aware of what Caltrans is up to and are looking at a legislative fix. • In the staff report, providing additional information as requested so those conversations are ongoing but Mike is on top of it for us. • I went to the advanced energy center where we had a grand opening for that storefront on fourth street in downtown Santa Rosa and there were folks from the Federal Department of Energy and the California energy commission. • There was a lot of horsepower when it comes to future think on power and electricity and that was a lot of fun and was great to see the benefits coming to the community because of that facility. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 22 of 24 Agenda Item Number: 1 • I noted earlier the all the Councilmembers and key staff were interviewed for the fire services delivery study so that's in the machine right now with our consultants • I will report something that is sad and happy at the same time which is that I was part of a small group of transport people a week ago tomorrow to pick up a couple of Ukrainian eight- year-old twins and their father who are now living in Sebastopol and are part of the federal government's refugee program and it is desperately sad they had to come here but they had their second day at Parkside today and they enjoyed tiger Tuesday and are enjoying the t-shirts and are pretty much thrown in the deep end as far as going to public schools. • It really is heartwarming to see the generosity of the us. Here are two girls who don't know any different yet they come to this country and literally for days after they arrived they are enrolled in a public school getting an education. Bravo. Councilmember Glass reported as follows: • I have to report having had some discussions with basically the department head overseeing the CoC as well as the CDC • He has discussed funding for these issues and actually the Department of Health services are going to be putting out an RFP. • They have about $6 million to spend for a homeless, basically homeless litigation and they ended up having a little more funding than they had expected so there will be an intermission coming out about that in November and once that information is out, with the ability to garner some of that funding. • There is also some funding that is called the homeless encampment litigation plan. • I'm not quite sure what that stands for and there will be more information coming out about that in December. • It would be basically coming to the CDC but it is state money so we need to keep our eyes on those funds for issues we have in town. Councilmember Gurney reported as follows: • I checked my calendar and found two more items to report about the Library Advisory Board and other than doing library business, putting in a letter of support for an art project, the board also recommended decommissioning the fountain in that space between the library and the City Hall building. • City staff has been notified of that and the notion is wasting water and it could be useful doing some other public service. • Also wanted to mention, Mayor, you and I were involved in an informal discussion with the bicycle coalition about a potential bike event here and in the committee there was a lot of interest but not yet someone ready to step up and lead and do the work. • Curiously the bicycle coalition said he needed a strong staff member who is a cyclist, I thought we may be strong on the staff but we need a community-based committee to move the item forward so I'm hoping that the new Council have a bicycle advocate on it and someone who may want to take this on perhaps with our help and perhaps not. 14. Council Communications Received. There were none. 15. Future City Meeting Dates/Events (Informational Only): (See City Web Site for Up-to-Date Meeting Dates/Times) ADJOURNMENT OF CITY COUNCIL MEETING Mayor Slayter adjourned the October 18, 2022 City Council Regular Meeting at 8:07 p.m. to the Regular City Council Meeting to be held November 1, 2022 at 6:00 pm. Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 23 of 24 Agenda Item Number: 1 Respectfully Submitted, Mary Gourley Assistant City Manager/Attorney/City Clerk Agenda Item Number: 1 City Council Meeting Packet of: November 1, 2022 Page 24 of 24

Agenda

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 MEETING START TIME: 6:00 PM MEETING OF October 18, 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. City Council is inviting you to a scheduled Zoom meeting. Topic: City Council Meeting - October 18, 2022 Time: Oct 18, 2022 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82492118620?pwd=TTNYSnJJOEIyQ2JXNHZGTnI5cWZvdz09 Meeting ID: 824 9211 8620 Passcode: 651626 One tap mobile +16694449171,,82492118620#,,,,*651626# US +16699006833,,82492118620#,,,,*651626# US (San Jose) Dial by your location +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 824 9211 8620 Passcode: 651626 Find your local number: https://us02web.zoom.us/u/kbNpIpq0UL 6:00 pm Convene City Council Meeting (ZOOM VIRTUAL FORMAT) CALL TO ORDER ROLL CALL SALUTE TO THE FLAG PROCLAMATIONS/PRESENTATIONS: • Certificate of Appreciation – Sunny Galbraith – In Recognition of her Time and Committee as Chair to the Former Zero Waste Committee PUBLIC COMMENT FOR ITEMS NOT ON THE 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. 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. 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 Minutes of September 20, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) 2. Approval of Minutes of October 4, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) 3. Approval of Minutes of October 5, 2022 City Council Special Meeting Closed Session Meeting Minutes (Responsible Department: City Administration) 4. Approval of Contract with Sonoma County Registrar of Voters for Agreement of Election Services The current agreement expires on December 31, 2022. The proposed agreement will take effect January 1, 2023, and run through December 31, 2027. (Responsible Department: City Administration) 5. Resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID- 19 state of emergency and that the following circumstances exist: a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing. Resolution needs to be submitted to Council every 30 days Continuation of Virtual Meetings: First Approved: September 21, 2021 i. Approved for Continuation: October 19, 2021 November 16, 2021 December 7, 2021 January 4, 2022 February 1, 2022 March 1, 2022 March 15th 2022 April 5, 2022 May 3, 2022 May 17, 2022 June 7, 2022 July 5, 2022 August 2, 2022 August 31,2022 Proposed Approval (30 day extension requirement). Next Action: Scheduled for November 15, 2022 City Council Meeting 6. Approval of Biennial Review of City of Sebastopol Conflict of Interest Code. As required by the Political Reform Act (Government Code Section 87300 et. seq.), the City is required to review and amend, biennially, the previously adopted Conflict of Interest Code. This Code designates employees who must periodically disclose certain personal financial holdings based on their position by filing a Statement of Economic Interests (Form 700). These filers are informally referred to as designated officials. (Responsible Department: City Attorney/City Administration) 7. Extension of Emergency Proclamation of Local Emergency (COVID-19) issued by the Director of Emergency Services (Fire Chief) 8. Approval of Allocation of Budget for Flood-Related repairs and Consultant services for the Sebastopol Cultural Community Center (Responsible Department: City Manager/Administrative Services) REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): 9. Consideration of Fossil Fuel Treaty Support (Responsible Department: Planning) – Continued from City Council Meeting of October 4, 2022 INFORMATIONAL ITEMS/PRESENTATIONS: (Please Note: Although informational/presentations items are routinely informational in nature, some informational items may contain request for actions such as support, direction to staff, follow up, or receipt of item based on the presentation/information provided.) 10. Informational Presentation: Map Your Neighborhood (MYN) and Sebastopol Neighborhood Communications Unit (SNCU) Twice-Annual Report. Skip Jirrels, Stan Green, Fire Chief PUBLIC HEARING(s): 11. Public Hearing – Introduction and First Reading of Municipal Code Amendment to Section 5.58 “Coin- Operated Play Devices”. This amendment would remove language that prohibits businesses that offer coin-operated play devices from serving alcohol on premises when minors are present. As noted below the following amendment to remove language from the City’s Municipal Code will be considered: Chapter 5.58 Coin-operated Play Devices. 5.58.100.A.10 No alcoholic beverages shall be sold or consumed on the premises, except those businesses where minors under the age of 21 are prohibited by law. (Responsible Department: Planning Department) CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS: 12. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting): 13. 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 or written reports provided at the meeting) 14. Council Communications Received 15. Future City Meeting Dates/Events (Informational Only): (See City Web Site for Up-to-Date Meeting Dates/Times) ADJOURNMENT OF CITY COUNCIL MEETING October 18, 2022 City Council Regular Meeting will be adjourned to the Regular City Council Meeting to be held November 1, 2022 at 6:00 pm. American Disability Act Accommodations/Accessibility: If requested, staff will make the agenda and backup materials available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) Section 202 and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid or service by contacting the City Clerk’s Office at info@cityofsebastopol.org or by telephone at (707) 823-1153 who will contact the ADA Coordinator. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Notification: 72-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Please note that minutes 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. 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: info@cityofsebastopol.org 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 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 in the broadcast of the meeting or a disruption within the local agency’s control that prevents members of the public from offering public comments via a call-in or internet-based service option, the legislative body shall take no further action until public access via call-in or internet-based service is restored. 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 is being utilized for this meeting. • Members of the public may view and listen to the meeting by use of Zoom 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. Please Note If the Council Meeting is zoom bombed or disrupted, the City will end the meeting and immediately try to restart it. If that does happen then all remaining items will be continued to the next agenda. If there is a power outage during the meeting, the meeting is considered ended and all remaining items will be continued to the next agenda. if any of our Council Members lose power at their homes and we lose a quorum, the meeting is considered ended and all remaining items will be continued to the next agenda.

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