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City Council

Regular Meeting

Sebastopol, CA · November 1, 2022

MinutesAgenda

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 November 1, 2022 As Approved by the City Council at their regular meeting of November 15, 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 6:04 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 GHD/City Engineer 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 15, 2022 Page 1 of 23 Agenda Item Number: 1 Mayor Slayter provided the following comments in memoriam: • I'm going to start the meeting tonight with a brief in memoriam segment. • This community has lost two very important members, one current and one who moved from here fairly recently. • They both impacted this community in very deep ways, ways that really couldn't have been more different from each other than they were. • The first person is Helen Shane, who is somebody I think anybody who's been here more than a handful of years knows her name and understands that Helen could be a very polarizing person. I think should be actually proud of that characterization. • When I was first elected and before she kind of got to know me, we would go around and around a limb here and there, and I came to appreciate Helen as I got to know Helen and understand her motivations and her deep affection for this community. I would like to think that it was reciprocal • When she and her husband had sort of some medically rocky times I was happy to drop food by her house and go over and I took care of a couple little handyman things. It was what neighbors do for neighbors. It wasn't a big deal at that point because we had both gotten to know each other and trust each other and understand motivations and that we could have perhaps a disagreement sans the vitriol that sometimes public meetings and public personas can have. • Helen lived a rich, long life and she had a wonderful marriage. That kind of energy doesn't come along in our community very often, so just an appreciation for Helen. • Then the other person that I’d like to mention here publicly and just remember for his incredibly positive energy. This is someone who I would say did not have the same polarization effect that Helen did on folks. The person that we lost was Nick Vannucci of the Senior Center community. • He was an employee of the Senior Center. He was, for many years, the manager down at the Legacy and was recently promoted to chief operations officer, which included the Legacy but also included so much of what happens at the Senior Center itself. • He was always very welcoming and very gracious and very lighthearted. You could have a conversation with him, and he'd say something funny, and he'd lean back and have this way of laughing. He'd look up to the ceiling or the sky and just sort of laugh in ways that just was uncommon. • Nick had been with the Senior Center for almost ten years, and really, really had a profound effect on that facility and that community. • The incredibly good work he did at the Legacy. He would arrive down at the Senior Center with the tape of the day of sales and it was a record-breaking day, and then two days later it was a new record and then it was a new record. Every time we get these reports, and I would think, well, that was 35 cents at a time. That's pretty remarkable. • The void that he leaves in the Senior Center is profound and I think we're all really going to miss him. I know I do. • So that's the in memoriam segment, and it's important for us to remember important community members. That's why I did that. PROCLAMATIONS/PRESENTATIONS: The following was presented: • Proclamation - November 11, 2022 – Proclamation- Veterans Day Recognition Reference Order Number: 2022-298 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. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 2 of 23 Agenda Item Number: 1 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. Omar Figueroa commented as follows: • I'm a homeowner, parent, and small business owner within city limits, and I just want to say that we are incredibly lucky to live in this community. • I was at Florence Street last night. • I saw Police Chief Nelson and I saw many of the members of our community here. • It's such a special little town that we have that I just wanted to express my gratitude for everybody that helps make Sebastopol what it is. • We truly have something magical. Linda Berg commented as follows: • Thank you Omar, and thank you for what you contribute. • I am in full agreement with you in that I would love to keep this little town the way that it is full of character and lots of characters. • Speaking of Helen Shane, you might be interested in knowing, and you, she was a force to be dealt with. • Might be interested knowing that on October 8th several years ago there was a handful of us, there were eight of us • I used to hang out in the lobby of the center during the City Council meetings and people would talk to me. They'd tell me stuff. They told me a lot of stuff. • That is where I heard mostly the 21 complaints about the previous planning director. • Well, after hearing a bunch of them and listening to people, first I couldn't believe it. • But anyway, then somebody, Jane Nielsen, says he needs to be fired. • Also David, who's passed, he also said he needed to be fired. • This is the past planning director, previous planning director. • Anyway, after listening to all this, I thought we can make that happen. • We had one meeting, eight of us movers and shakers, Helen Shane amongst them. • They presented a lot of hard evidence of the altering of the planning -- the city traffic studies, and a whole bunch of other corrupt dealings that the planning director had done, but to the city councilmembers and the city manager, but anyway, nothing happened because there was a fear of the city getting sued as the results of corruption. Kate Haug commented as follows: • I have two comments. • One is that we have a very important election coming up. • I strongly urge voters to vote for three candidates since we have three open council seats. • We can see from these council meetings that every single voice on council is important and matters. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 3 of 23 Agenda Item Number: 1 • So we want to make sure when we're voting that you're electing three people that you're comfortable with representing you in town. • My second question or comment is that we're being sued over our parking ordinance, and one of the members of the lawsuit Is a resident of the RV village. • Simultaneously tonight, the RV village is being we're being asked to support funding for the RV village. • If we continue to fund the RV village, will we continue to be sued. Robert commented as follows: • I live at the Burbank Senior Community on Bodega Avenue, and I'm concerned about Woodmark, the project down the street that was okayed to have a multistory level, affordable and non-affordable housing combined. • My comment is I have not gotten enough, and many of us here at Burbank, information regarding what we can do to shift the traffic pattern on Bodega and get some compromises made by the builders of this project. • I think it's very important. • Years ago when I lived on house street in Oakland, California, down the street for Kaiser hospital, we worked very closely in our neighborhood group to make sure we got some specific compensations as it were, including being built way back from the street in some instance, also parking, and just a whole bunch of stuff. • But we don't seem to have enough information about how we can approach the builder. • That's my question, and that's my concern. Mayor Slayter responded to public comments: • Projects on Bodega Avenue • First, out of the gate, I will go ahead and state again that I am conflicted out by proximity and the Vice Mayor is also conflicted out due to proximity. • So we can't have any substantive discussion of that project with the two of us in attendance, and we also cannot have any substantive conversation about that because it's not on the agenda. • However, I can tell you that if you have questions about the project of any type, traffic, size of the buildings, construction, scheduling, anything like that, all of those questions can be directed to our Planning Director • She will be able to answer questions and get information to you to the absolute best of her ability. • You can either make a phone call to the Planning Department tomorrow or send an e-mail • She'll do her very level best to get whatever questions you have answered. Planning Director Svanstrom commented as follows: • First of all, this project is approved, and that approval is final. • I don't know how that works with the conflict of interest, but this is all informational at this point. • The applicant is doing some additional traffic study that we requested regarding the entry and exit right at their driveway that they share. • That is the east side of where it joins Robinson Road. • So the design is final and they're moving forward with it other than the driveway area and the potential improvements where it comes out on to the roadway. They will have two driveways. • As most people familiar with the project know, one is where the existing driveway to the original house and the terrace, and the other is on the Western side, which is a right in only because of a median. • A couple of things we do know, the city is putting in a hawk or a rapid beacon crosswalk improvement that is already slated to go in on the left side of to cross Bodega. That will have the flashing beacons. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 4 of 23 Agenda Item Number: 1 • Woodmark will be paying the development impact fees for the traffic impacts. • That will allow us to potentially make other improvements as needed as well. • They will also be widening the sidewalk on their side so their buildings are set back a little bit further than just right on the roads. • The project is approved. • We also do know at this point that they're doing phase one only at this time. So they're going to build the project in two phases. • The first phase is 48 units and four buildings, as well as their community building and the playground areas. • They do have their building permit under review right now. • I actually just updated the Planning Department special project website page recently to note the demo of the existing structures is done. I believe most of the tree removal for this phase (they're only doing the trees in phase one, they're not doing the trees in phase two until they get to phase two) is also done. • Once it gets into construction, we'll try to keep the Planning Department page up to date. However, any day to day will then become the Building Department in terms of what's going on at the site. • On the Planning page under special projects, there's a section for Woodmark, and the new contact information from Woodmark is there. The project manager on it is local and will be able to answer questions quickly. Councilmember Glass commented as follows: • I just wanted to respond to a comment that was made in public comment. • I also wanted to add to what the Planning Director said, which is that the project was approved but it was approved under a State law which I believe is SB 35, so it did not come under the jurisdiction of our City Council and our Planning Commission because it's an affordable project it came under certain State law, so just wanted to clarify that. • The other thing I wanted to do was just address statements being made about our staff or former staff, et cetera, as being corrupt. • I often disagree with my colleagues. I often disagree with staff. • I, in closed sessions, often like very much disagree with some things that our staff says, but I never think that they're corrupt. • There's a difference between having a difference of opinion about policy or even a difference of opinion about how people are executing on their job, but that's not the same as being corrupt. • I just wanted to say that, partly in defense of our former Planning Director, with whom I very frequently disagree. • I would never, ever say that he was corrupt. I just believe he was mistaken in his point of view on occasion. • But we need to be mindful of the service that all of our staff gives even when we disagree with them. • They all work really hard. 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. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 5 of 23 Agenda Item Number: 1 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 stated Item Number 10 was removed from the Agenda and stated Item 10 is irrelevant at this point in time. Mayor Slayter read the consent calendar. Mayor Slayter asked if any Councilmember wanted to remove a consent calendar item. There were no requests for removal. Councilmember Gurney stated she would like to comment on items two and six. Councilmember Rich asked for clarification for funding for item four – Chamber Sponsorship City staff commented the original request was for $1500.00 but after speaking with the Chamber and informing them of the City sponsorship program, City staff is recommending the additional waiver of the Ives Permit fees which would be a total of $1825 for the waiver of fees. Mayor Slayter opened for public comment on the consent calendar. Kyle Falbo commented as follows: • Two particular topics of interest I think as well as what we heard from members of the public in the previous public comment would be referring to the repairs on Bodega Avenue as well as the ADA compliance intersections at Bodega and Florence as well as Bodega and Robinson. • So in particular it seems kind of strange by the language of the agenda item that there's somehow a suggestion that we're going to get a lower bid on the actual large scale project, a large scale project of repair on Bodega Avenue that's been delayed by a year as a result of just kind of bad planning in terms of the grant. • But somehow we're going to get a better bid on that by performing some of these repairs now. • Repairs that if the grant had gone through at a faster rate would have been kind of encapsulated inside of that larger scale project. • So maybe some explanation as to what evidence of performing some of this work of repair of a completely destroyed, degraded road that continues to go into just further and further decay is somehow going to reduce the bid on a large scale project on Bodega Avenue. • Secondly, regarding the intersection improvements, I think that these intersection improvements really could have further discussion in terms of not just providing ADA compliant ramps for the actual intersections. • We're talking about intersections where a major development is going in, where there is sidewalk gaps within a block. Sidewalk gaps that one city councilmember suggested to me that my neighbors wouldn't want filled. That somehow my neighbors don't want sidewalks. • Sidewalks that would be needed for children to be walking the park side. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 6 of 23 Agenda Item Number: 1 • Sidewalks that children may need to be walking, especially at an intersection at Robinson and Leland where there's an actual vehicle fatality as a result of not having adequate sidewalks in that area. • So it's just really interesting that our capital improvement projects get very much delayed, to the point where roads get degraded, and we're continuing to drag our heels on things like filling sidewalk gaps, especially with major developments that are going to bring so much more foot traffic into our neighborhoods but still sidewalk gaps are existing for years and years and years. Linda Berg commented as follows: • I'd just like to mention a little bit about the subject of corruption first • Give me 30 minutes or so, and I will tell you all the things that the previous Planning Director came down and promoted a business into our community every time and in fact is now working as he always was, even though he's on our payroll, for business. He is working for business. • I just love it when you're so open minded. That's why I appreciate your mayoral status. • I wanted to mention about the other businesses coming in. • It was talked about like retro and pinball machines and so on and so forth down at the Barlow. • I like pinball as much as anybody, but the thing is, the whole environment has changed. • We need to start taking measurements of levels of radiation. • It's kind of like the industrial age but now we're in the killing ourselves with radiation age for convenient communication. • So that's what I'm saying that everybody in the Barlow and all throughout on the whole planet is being destroyed. • Life on this planet and the planet itself is because of the pulsed manmade microwave radiation, is doing us in. • It's just one of those things that needs to be looked at before this city and other cities don't allow permits for businesses and building. • The cancer rates are just soaring, and there's just tons of evidence to back up what I'm saying. • So that's what I'd like to see is we need to start looking at the levels of exposure to manmade electromagnetic fields prior to building. Arthur George commented as follows: • West County Homeless Advocates. • During the concept calendar portion, it was mentioned that item ten was removed from the calendar because it was no longer relevant. • I'm going to suggest that that was done because it referred to funding for the Horizon Village, which became mooted out today when the Board of Supervisors approved that funding. • I'd like to suggest for the Council that as much as item ten had requested the Board to grant that funding and the funding has, in fact, been granted that the Council send the Board a letter of thanks incorporating many of the comments that were made in the document that would have been item ten. • This is really a major vote of approval, I think, for the work that the Council has done, that SAVS has done, a variety of volunteers, the Planning Department, to get this extension for Horizon Shine. • It is highly relevant, highly important, and I personally thank the Council and all the City departments that have worked on this to keep it going, to support the litigation, and again, a big thank you and if we could thank the Board of Supervisors, I think that would be appropriate. Roberta commented as follows: • I'm going back to the improvement on Bodega Avenue. I don't know if it was mentioned. If you could please clarify this for me. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 7 of 23 Agenda Item Number: 1 • On the right-hand side of Bodega going toward Pleasant Hill and 7-Eleven store, there is a shoulder of the way that is not a sidewalk, and elders, as well as children, would benefit from that being corrected and the pedestrian way. • It's unsafe. I can't walk in the cemetery anymore because of the gopher holes. • So I really would like to know about that. • I heard from Diana Rich, I think at the gathering that there was possibly inclusion of that and that buildup was mentioned that you just brought up, is that correct? Mayor Slayter responded to public comments as follows: • The sidewalk gap is on the North side, which is the side opposite from where the cemetery is. • There's the goat trail that goes up and over the little hill. • That bit of sidewalk gap is part of a development project on that empty lot. • That sidewalk gap has been very well known to the City for, well, its entire existence. • The need to close that gap has been sidewalk gap number one over the years. • Because of the unique terrain, it wasn't the easiest thing to do. • So when a development proposal came before the City now several years ago, part of that project is to close that sidewalk gap and there are many, many people around this City are going to applaud when that is accomplished. • So that is coming soon, and I think it would be part of initial infrastructure work. • So it should be beginning the front end of the project as the construction commences. • The comment on item number ten, which wasn't a discussion of an approval of a letter of support to the Board of Supervisors for the CDC to enter an agreement with funding for the RV village. • Because the Board approved that item, the need for us to send a letter requesting support is no longer needed. • I have already started the thank you messages to the Board of Supervisors communicated that with the fifth district supervisor as well as the second district supervisor. Waiting to hear back from others. • So that thank you has already started, at least informally, and perhaps I could pen something under my letterhead and send that off to everybody. • Then the repairs on Bodega, our City engineer, if you're able to address that, that would be great. Mario Landeros, GHD, City Engineer, commented as follows: • On the question on Bodega Avenue dig outs and repairs, as I understood the question, there was a concern that if, in fact, by separating out the pavement repairs, if that was, in fact, a means by which we would get a better bidding environment at the time that we put out a larger project on Bodega Avenue for a street overlay. • So I want to just briefly just summarize the City is currently processing plans and specs for street repair on Bodega Avenue. • This is known as the Bodega Avenue bike lane and rehabilitation project phase one. • That stretch, the limits for phase one will extend from High Street near the downtown to Nelson Way. • It's phase one because much larger projects would extend all the way from Nelson on to Pleasant Hill Road. • That's an area where we have narrower pavement sections, and it's a project that's being planned for years later out, '24/'25 is I think right now where it's standing in the scheme of things. • When we were looking at the road rehab as a whole, the condition of Bodega Avenue has been deteriorating after years of much deferred maintenance. • That was presenting a bit of a complication in the design component. • The overall project when it's said and done would be complete, full street with overlay. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 8 of 23 Agenda Item Number: 1 • There would be bike lanes, some widening at narrower sections of the road. • The dig out components was more of a complication. We determined that if by separating out Bodega, pulling that portion of the road project from the overlay and the widening, a contractor could come in and basically focus on a more efficient means to dig out specified locations, marked out locations, and come back quickly and pave those areas. • As it is, we did put this project out for work to be done. It'll be done in the fall, early winter. • It's the type of project that can be done with a handful of good days of weather. • The contractor that we're recommending for the project has already spoken with the City on his approach to this and is planning a pretty efficient method by essentially grinding out delineated sections of pavement and taking it as it goes. • He's estimating two to three days to complete that stretch of Bodega Avenue. • So getting that portion done will allow the road to get back to a normal condition, a good driving condition. • But yet still needing to do the subsequent work, which would be the overlay, later on or in 2023. • At the time we go out to bid on that overlay project, we will not have to deal with Bodega components slowing the project as a whole. • So taking it out in the manner that we did will let it complete this first component quite a bit more efficiently, get that work done and out of the way, and basically open the road up for the next phase of the job which would be the overlay and the bike lanes and the striping. • That's the reason that it was pulled out and done in this manner. Mayor Slayter commented if I'm understanding this project at hand is to address the truly failed portions of the roadway and then the next project, the next phase of it, will be to come along and basically shave or scrape or plane the top handful of inches off the entire width of the roadway and resurface it. There are portions of the roadway that are not failed that do not need that dig out and replacement basically all the way to the foundation of the road. Mr. Landeros commented yes that its it basically in a nutshell. 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, 6, 7, 8 and 9. With the approved amount of $1825 for Item Number 4 – Chamber Sponsorship. Item Number 10 was removed from the Council Meeting’s Agenda. 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 October 18, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) City Council Action: Approved Minutes of October 18, 2022 City Council Regular Meeting Minutes Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 9 of 23 Agenda Item Number: 1 Minute Order Number: 2022-299 2. Award of Contract for Bodega Avenue Digouts and Repair Project (City Engineer) City Council Action: Approved Award of Contract for Bodega Avenue Digouts and Repair Project Minute Order Number: 2022-300 3. Approval of Second Reading and Adoption of Ordinance Number 1143 for 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. (Responsible Department: Planning Department) City Council Action: Approved Second Reading and Adoption of Ordinance Number 1143 for 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: 2022-301 Ordinance Number: 1143 4. Approval of City Sponsorship Program Request – Sebastopol Chamber of Commerce for Movie Night. Total Request for Sponsorship: $1825.00 (Responsible Department: Administrative Services Department/Public Works) City Council Action: Approved City Sponsorship Program Request – Sebastopol Chamber of Commerce for Movie Night. Total Request for Sponsorship: $1825.00 Minute Order Number: 2022-302 5. Approval of Change Order 2 with Piazza Construction and adoption of Resolution amending the Capital Improvement Budget for Fiscal Year 2022-23 for First Street Water Main Replacement Project 0818-20.09 (City Manager/GHD) City Council Action: Approved Change Order 2 with Piazza Construction and adoption of Resolution amending the Capital Improvement Budget for Fiscal Year 2022-23 for First Street Water Main Replacement Project 0818-20.09 Minute Order Number: 2022-303 Resolution Number: 6485-2022 6. Approval of Plans and Specifications and Authorization to Bid SR 116 ADA Ramps- Bodega/Florence/Robinson Pedestrian Improvement Project (City Engineer) City Council Action: Approved Plans and Specifications and Authorization to Bid SR 116 ADA Ramps- Bodega/Florence/Robinson Pedestrian Improvement Project Minute Order Number: 2022-304 7. Approval Out of Service Area Agreement for Sewer Connection at 286 Eddie Lane (Bryan M. Doherty, Jr. and Marilyn Zick, Trustees for The Zick/Doherty Family Trust U/D/T March 17, 2000 (Owners) (City Engineer) City Council Action: Approved Out of Service Area Agreement for Sewer Connection at 286 Eddie Lane (Bryan M. Doherty, Jr. and Marilyn Zick, Trustees for The Zick/Doherty Family Trust U/D/T March 17, 2000 (Owners) Minute Order Number: 2022-305 Resolution Number: 6484-2022 8. Approval of Revised Job Descriptions for Police Department (Sergeant, Lieutenant and Captain) and Reallocation and Recruitment for a Police Captain (Responsible Department: Police/RGS Personnel) City Council Action: Approved Revised Job Descriptions for Police Department (Sergeant, Lieutenant and Captain) and Reallocation and Recruitment for a Police Captain Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 10 of 23 Agenda Item Number: 1 Minute Order Number: 2022-306 Resolution Number: 6487-2022 9. Approval of a Fee Waiver Request for $1220 for the Sebastopol Community Church - Microshelter Temporary Use Permit (1000 Gravenstein Hwy North) (Responsible Department: Planning) City Council Action: Approved Fee Waiver Request for $1220 for the Sebastopol Community Church - Microshelter Temporary Use Permit (1000 Gravenstein Hwy North) Minute Order Number: 2022-307 10. Approval of Letter of Support To Sonoma County Board of Supervisors to Authorize the Interim Director of the Community Development Commission to enter into an agreement of up to $330,000 in discretionary funds to continue the operation of the Horizon Shine RV parking program in Sebastopol through June 30, 2023. (Requestors: Councilmember Rich (City Council’s Liaison to Service Providers for the Unhoused) and Councilmember Glass (Sebastopol City Council’s Continuum of Care Appointee) City Council Action: Item removed from agenda Minute Order Number: 2022-308 Councilmember Gurney commented as follows: • I just wanted to say particularly because Kyle has mentioned the long delay and his concern about Bodega Avenue, which so many of our citizens share, and I want to thank Mario for his detailed explanation. • I started working on the Bodega Avenue Safety Courier in 2016 when I was a Mayor. • So we know government moves slowly. • I just want to reassure everyone your concern about timing is legitimate and we are on the job. • I'm delighted to know that our quick strike money that I secured through the SCTA is also going to work on the ground, and our OBAG money is going to get applied to phase one. • If we could move faster, I think everyone would love it. • But we are doing the work for our community 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.) NONE PUBLIC HEARING(s): NONE REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): Mayor Slayter commented as follows: • The Council and staff received an e-mail requesting that this be changed to a first reading of an ordinance, and the way that it is on the agenda, that is impossible. • It's a discussion and an opportunity for initial feedback to the author, authors of the proposed ordinance, and I say authors because this is truly a piece of teamwork trying to reach a balance and so to hear from our community and receive any feedback, I think is appropriate. • It's on the agenda, so it's legally what we can actually do this evening. • I think that having this kind of discussion ahead of a first reading will potentially allow a very rapid path should this move forward through the first and then the second readings, which are the formal actions. • So this evening this is not a first reading. • We are here to discuss and to listen. 11. Discussion and Consideration of Draft ordinance regarding oversight of the City’s acquisition and use of surveillance technology and imposing a ban on certain types of surveillance technology (Responsible Department: Police) Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 11 of 23 Agenda Item Number: 1 Police Chief Ron Nelson presented the agenda item recommending the City Council Discuss and Consider the DRAFT ordinance regarding oversight of the City’s acquisition and use of surveillance technology and imposing a ban on certain types of surveillance technology. Councilmember Glass commented as follows: • I was approached by Mr. Figueroa, representing the ACLU and their interests, and having an ordinance that perhaps once again Sebastopol could take the lead role in our county to make sure that we don't suffer any overreach in surveillance in our area. • I think many of us are aware of the types of programs that have gone on in the past ten to 20 years where, for example, military-grade equipment has been made available to police departments, and some police departments, certainly not ours, have availed themselves of this technology. • So we could be in a situation where we have military-grade equipment on city streets, which was certainly not the kind of thing we would want to happen in Sebastopol, and it's probably not the kind of thing that many people wanted to happen in the towns where this has occurred. • So it seemed like a prudent idea, because you never know where some off the wall technology is going to start slipping in under the radar and start being used and offered and nobody even notices it's happening. • That's the origin of this. • I'm also extremely grateful to Mr. Figueroa and to our new Chief of Police, Chief Nelson, for their collaborative working on this. • This is the kind of thing that we need in our community where we're seeing collaboration between our police department and advocates for social justice and our public rights. • So kudos to both of you for working together and making something that works. Mr. Figueroa commented as follows: • Thank you for putting this on the agenda, and I want to say I'm here to speak out in favor of this ordinance. We worked on it for a long time. • I want to thank Police Chief Nelson for his participation in the collaborative process that resulted in the draft ordinance before you. • The ordinance strikes an appropriate balance between the resident's interest and protecting our privacy and the city's interest in public safety while at the same time promoting transparency and accountability. • We ask you to move the ordinance forward as quickly as possible. • Thank you in advance for standing up for all of our rights, and it's nice that parties that are usually seen as on opposing sides can collaborate and come up with creative ideas that are future oriented. • I'm honored to live in a town where we can meet with the chief of police, who will listen, and who will incorporate what we bring up in a thoughtful manner. • We are very fortunate to be in this situation. Mayor Slayter opened for questions. Councilmember Rich commented as follows: • I had a question about the effect this particular ordinance might have on any current technology that you're using. • Will it have an effect on any current tools or technology that you're taking advantage of in the police department currently? Chief Nelson commented as follows: Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 12 of 23 Agenda Item Number: 1 • As a requirement to the ordinance should it move forward and pass, we are required to author an annual report currently on the technologies that we have, that we currently have. • Really the only technologies that we have right now are some surveillance cameras on the exterior of the building and our body-worn camera systems. • Other than that, we don't utilize any of the other technologies, but we will be detailing our usage of those in the annual report. Councilmember Rich commented and the body-worn cameras would come within the purview of this proposed ordinance, is that correct? Chief Nelson commented as follows: • Yes, as it's authored, that's correct. • Due to the fact that it could capture bystanders on the street, they're obviously designed to capture interactions between the police and the public for police accountability. But as it stands now, yes, we would simply address that we utilize them and when we utilize them. • We have a current policy that exists already for the police department. • So, we would simply detail our usage and our continued usage in the annual report. Councilmember Rich commented so the ordinance wouldn't prohibit any particular use, it would require disclosure and documentation then potential discussion. Mayor Slayter commented as follows: • Councilmember Rich included in the question about cameras, and you mentioned it, Chief, the building- mounted cameras. • I know pre-pandemic when City Hall was open and saw a lot of foot traffic that security concerns for staff there came up. • So, the need for security cameras in that location and I'm sure the lobby and exterior are in the same category as the body-worn cameras. • The disclosure and then discussion and potential continued use for the safety of our staff. Chief Nelson commented as follows: • Yes, they are. • As it stands, it applies to any City department utilizing any type of surveillance technology. Mayor Slayter questioned we do not have any of these types of technologies, particularly the cameras, in use at city parks, at playgrounds, none of that is currently in use. Chief Nelson commented as follows: • I'd have to double check on all of the parks. • There may be some cameras mounted at the parks, particularly at Ives Park around the pool, but other than that, I don't believe we do. Mayor Slayter questioned I assume that this ordinance, should it move forward, that those approvals or discussions or disclosures would be made directly following the adoption of the ordinance. Chief Nelson stated that is correct. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 13 of 23 Agenda Item Number: 1 Councilmember Rich commented as follows: • Is there any technology that would be out and out prohibited by this proposed ordinance, as opposed to being an item that could be brought before the city council for discussion and approved. • Is there technology here that would completely be prohibited under the ordinance? Chief Nelson commented as follows: • Yes, there is. There's several different types. • Biometric surveillance, facial recognition technology, and predictive policing technologies would be banned except under extreme circumstances. • The reason for those is, frankly, it's been shown that several of those types of technologies are unfavorable and identify, particularly women and people of color, at quite at an inaccurate rate. • It's been used improperly. • So, it's very disparate in its treatment of those particular groups, and it's certainly nothing we have an interest in utilizing. Mayor Slayter opened Public Comment. DRAFT ordinance regarding oversight of the City’s acquisition and use of surveillance technology Lauren Mendelsohn commented as follows: • Good evening, honorable Councilmembers and City staff and all members of the public that are here tonight. • I am an attorney at Omar's office, but I'm speaking to you tonight on behalf of the Sonoma County Chapter of the American Civil Liberties Union of Northern California. • We are a local organization dedicated to protecting civil rights and civil liberties, and dangerous government surveillance. • We helped draft this ordinance in collaboration with the police department and we feel, as Omar just said, that it does strike this important balance between the need for public safety and the need to protect our privacy. • Both of these are critically important things, so it's important to deal with this intersection. • So we do urge you to support this proposed surveillance technology ordinance, and it is modelled on a draft ordinance that was written by the ACLU of Northern California, which we are a chapter. • This ordinance would institute basic transparency and oversight when decisions are made about technologies such as drones, automated license plate readers, and social media monitoring that pose a risk to resident's privacy. • As we do ask that you move forward with this as quickly as possible, we understand that tonight can't be a first reading, thank you for that explanation. • We think this is an important issue to not delay any further on this. • We appreciate the consideration and the collaboration that we received from the City and particularly the police department on this issue. • The proposed ordinance would ensure the public and elected leaders have a voice in decisions about surveillance technologies and there are a number of things that are required in the ordinance that have been mentioned. • Sebastopol would not be the first to adopt this. • I just want to note that there's a number of other jurisdictions that have done this. • So thank you for your support, and we urge you to support this surveillance technology ordinance. Mitcho commented as follows: Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 14 of 23 Agenda Item Number: 1 • I just want to say I really appreciate this. This is a very important issue. • I am fully in support of this ordinance, which I believe is supported by both the ACLU and also Chief of Police, Nelson, so I am just hoping that you guys will move this forward to a first reading, because this is kind of big stuff. Yarrow Kubrin commented as follows: • I've lived in Sebastopol since 2008. I have other family members who also live here. • I want to thank the Council and all of the work that all of you city officials are doing. • I'll keep it simple, I'm fully in support of the ordinance, which is supported not only by the ACLU by also by the chief of police, Nelson. • I would ask you move it forward to a first reading. • Again, thank you for your service to our city. Dennis Colthurst commented as follows: • I'm in support of this ordinance. • But I hope it's crafted carefully. • I hope that it doesn't restrict the Police Department so much that during a dynamic situation they can't explore available options. • Police work is dynamic, it's not static. • Things change constantly and situations change constantly. • I think you have to place some trust in the Chief of Police, our new chief, especially, he's doing great, to help form that ordinance so it's not too darn restrictive. • I totally respect the rights of our people. • The ACLU's great, but I'm just hoping that it's very carefully crafted to be a good tool for the department and for the city. Craig Litwin commented as follows: • I am fully in support of the ordinance. • I love when I listen or attend a Council meeting and I hear about collaborative approaches between the police department and the city council, especially something that's been worked on since March. • This really makes sense to have that public airing of any sort of technology that moves forward is, in my opinion, the definition of what good democracy should be. • It doesn't stop anything, but it creates dialogue and a feedback loop so that the public is both informed and has an opportunity to weigh in on their perspective. • Thank you for your consideration. I urge you to move forward with this as fast as possible. Kyle Falbo commented as follows: • I'd like to put Dennis' mind at ease, if he takes a look at the agenda item itself, he'll find that under, I guess page ten of 17, 8.80.040, temporary acquisition during extreme circumstances that there's not really a lot of piece here. • Extreme circumstances is being defined as an emergency involving imminent danger of death or serious physical injury to any person that requires the immediate use of surveillance technology or the information it provides. • So legally you can very loosely interpret that to many, many different circumstances that will grant the police many, many opportunities to be using this technology under the claim of these types of emergencies. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 15 of 23 Agenda Item Number: 1 • It would be my hope that we could put a little bit more teeth into that to be very, very explicit about what those types of situations might be. • Things that come to mind are lots of opportunities of police qualified immunity as a result of the reasonable man clause that has resulted in loss of opportunities for people to not be convicted when they should have been under maybe some criminal charges. • Thank you very much. Omar Figueroa commented as follows: • I just want to reassure everyone that the ordinance is carefully crafted, and it's not too darn restrictive, which is why Police Chief Nelson agrees. • He would not have agreed to an overly restrictive and unrealistic ordinance that handcuffs the police. • Ordinances of this type have already passed in cities as different as Palo Alto, San Francisco, Oakland, Berkeley, Davis, and even a whole county, Santa Clara County. • So this would be a first for Sonoma County but not a first for California. • It's a workable ordinance. • Our Police Chief is on board, and I think that it's a sensible balance between all of the critical interests that are at stake. Carl Tennenbaum commented as follows: • I'm a nine-year resident of Sebastopol and quite proud of it. • I'd like to start by congratulating Chief Nelson on his appointment as Sebastopol's new Police Chief. • He has big shoes to fill, but I know he's got experience to make it work. • I think this is a shining example of what we're talking about tonight. • I'm speaking tonight to support the full adoption of the draft ordinance regarding oversight of the City's acquisition of surveillance technology and imposing a ban on certain types of surveillance technology. • Public safety should always be our top priority and when used properly, surveillance technology consists of investigating and prosecuting crimes. • However, that public safety also extends to Constitutional protections against unwanted searches and seizures. • It is critical that we as a united community find that delicate balance between investigating criminal activity and our need for firm guardrails protecting our privacy this. • Draft ordinance provides the safeguards and limitations for any proposed use of surveillance technology that we should all feel confidence in. • It is a reflection on the City of Sebastopol to craft a policy that ensures the continued preservation of our rights and basic civil liberties. Linda Berg commented as follows: • Well it's kind of somewhat disheartening to think that after all these years of people trying to educate, especially locally, the public and the City Council about the harm and danger of wireless radiation that nobody's recognizing it essentially here. • Speaking of military-grade, military-grade radiation is what cellphones function on. • It was used by the military at 2.5 or gigahertz was used by the military as a weapon until 1984 when it was unleashed to the bad boys who recognized that it could also be used, that particular frequency for convenient communication. • There was no point in passing up trillions of dollars, at the expense of people and the planet. • So that is the way it is going now. • I just urge you to take a little bit of a look. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 16 of 23 Agenda Item Number: 1 • I'm not the only voice. There's global people speaking up to protest being literally cooked alive by manmade pulse electromagnetic fields, microwaves. • What about my rights? I live in a shielded apartment with a lot of shielding on it. • I cannot go downtown, and I know a growing number of people who are suffering greatly because of exposure and cannot come into this town and use the library, go to the Barlow or many other places, the shops, because of exposure to wireless radiation. Loriel Golden commented as follows: • I know it feels very empowering to be using all these kinds of technology that we have, the computer, we're certainly we're using it for zoom and cellphones, and it seems to be more convenient, but what Linda says, you need to pay attention to it. • There's plenty of research. • Someone running for city council is at this meeting, started the EMF Safety Network for a reason, because there are many years’ worth of valid research and evidence showing that 5G radiation disrupts the life force. • That means it not only disrupts our own natural psychobiological systems, our own body, mind, spirit, our own brain waves, but it's disrupting life for our last birds, our last animals, our trees that give us water and air. • We can be playing with all these bells and whistles, but one day it's going to be shown they're all going to be outlawed. • I want you to listen to Linda and listen to me and listen to the research and Sandy's EMF Safety Network. • Pay attention to it. • You didn't pay attention to it with forcing the PG&E smart meters recently, the water meters, and you need to pay attention to this. • Please. • I want to thank you for listening to me right now. Thank you, and really listen, though. • I want you to listen and pay attention to the research. Thank you and be well, everyone. Mayor Slayter responded to public comment as follows: • The item is not 5G, it's not 4G, it's not Wi-Fi, it's not Bluetooth. • The item that we're discussing here is a surveillance technology ordinance. It is not a wireless ordinance. • I just want to make sure that that's perfectly clear to everyone. • Then we had a question about if there are extreme circumstances, reasons to use technologies like this, do other communities with ordinances like this, and perhaps this would also go to Omar, are there other ordinances that have greater definition of what those items might be? • I think it might be a little difficult to define them because you don't know what they are until they happen. Chief Nelson commented as follows: • That's correct. • I'll address another aspect that was raised in regard to exigent circumstances. • We certainly wouldn't use that as an excuse to create an exigent circumstance, so to speak. • The definition does have its restrictions, and in addition to the definition, if we were to utilize any of these technologies should there be an exigent circumstance, we're required to report out as soon as is practicable, generally immediately to the city manager, who would then report out to council. • We would have to cease use of that technology as soon as we possibly could once that situation absolved itself. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 17 of 23 Agenda Item Number: 1 • Usually it doesn't last long, and we would also be required to author a report to Council and to the public regarding how we used it, what was used, how long, and were there any negative effects on any of our citizens regarding the use of those technologies. • So, there are restrictions placed on it. It's not something we could simply enact and go willy-nilly and use any time we want it. • I'm not sure whether there are more restrictive definitions in other municipalities or counties that have enacted these similar ordinances. Mr. Figueroa commented as follows: • I'm not sure, but it's pretty much impossible to enumerate ahead of final all of the possible circumstances that could amount to be extreme circumstances. • I think a preliminary draft of what is before you had a much looser definition of extreme circumstances, so that's been tightened up considerably. • It could always be tightened up a little bit more, but I think we are satisfied with the way it's been defined. • There's adequate guardrails to protect against abuse. City Council Discussion and/or Deliberations: Councilmember Rich commented as follows: • I'm very much in support of the item. • I'm impressed by the collaborative results of the conversations that have been ongoing between our police chief and the ACLU, specifically Omar Figueroa. • I also would like to applaud the staff reports reference to Jerry Threet and the fact that this proposal follows up on standards and goals that Jerry laid out for us long ago. • So I think this is a wonderful effort, and I'd urge us to move it along to a first reading and then as soon as possible to adoption of the ordinance. Mayor Slayter commented there is a schedule that's proposed that is part of the staff report, so it would be proposed to move along and get right back to the agenda. Vice Mayor Hinton commented as follows: • I agree with my colleague, Councilmember Rich. • Everything I've heard, it sounds like the community's in support of it, and overall it's part of our transparent policing for a small community. • Again, I'm thankful to Councilmember Glass for bringing it forward and I wish we could move it along quicker, but of course, I want to move it forward as the schedule is proposed in the staff report. • Councilmember Gurney commented as follows: I support this going to a first reading for all the reasons that have been stated. • I want to thank our members of the ACLU. • I want to thank our new chief, Chief Nelson, and our staff for getting this ready. • If we do a first reading and the further decisions are left to the new Council, whoever they may be, I hope they respect the commitments of this council. Mayor Slayter commented as favors: • When this was first brought to us back in springtime, the need for it was apparent Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 18 of 23 Agenda Item Number: 1 • Discussed the benefit of the conversation, the collaboration, and honestly, I'm sure there were compromises made, which is how you get to a good place, I think. • So I'm also in favor of it. • I do think, though, that I know I received a couple of e-mails from folks who I don't believe are Sebastopol residents but nearby residents, county residents, and a situation happened up in Guerneville a number of years ago. • This is day job-related for me. When the West County Health Center's Guerneville facility, which is their main facility for their entire organization, when they had an arson fire closed caption video was a vital use in solving that crime. • So the need for it, I think, is unfortunate but it's also apparent. • I think the accountability that comes with the body-worn cameras and the dash cams and those things, honestly, I would not feel comfortable if those things were not in place. • But the fact that now they are the use of that type of equipment is formalized and reported. • It just feels like it's being accountable to both our law enforcement officers as well as our public. • The need for those privacy rights as we're so eloquently spoken to, I find myself in deep agreement with this. • I too support this moving forward to a first reading as soon as possible. • So that is input from the Council and our community. • I believe that's as far as we can go with this item this evening. MOTION: Councilmember Glass moved and Councilmember Gurney seconded the motion to direct staff to move forward with the first reading at the next City Council meeting. 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 direction to staff to move forward with the first reading at the next City Council meeting. Minute Order Number: 2022-309 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 reported as follows: • First on the subject of Parklets, good news, just from today actually, heard back from Caltrans regarding the South Main Parklet. • They're still updating their standard lease agreement, but the good news side of the ledger is that they are looking -- and thank you, Mayor Slayter, for your efforts, I'm sure, in this -- they're looking into reducing the annual fee. • We don't have a firm response back yet as to what a new fee might be. • But it's stated that they're looking to reduce it giving the nature given that a parklet is a public use. • We also have been assured, and this is important, that there will be no risk or need to remove that parklet that's in existence right now should this not be finalized by the end of the year. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 19 of 23 Agenda Item Number: 1 • So I think that's going to be good news for those who are making the use of that parklet. • There's no danger of it having to go away when the permit runs out on December 31. • So that is good news and more to come on that. • GHD, our engineering firm, is working on the guidelines and will be reaching out to the Chamber of Commerce, downtown merchants, and relaunch for initial input. • We'll be taking it to Planning Commission in the near future. • There is a dialogue beginning on the right of way on depot street as the Council directed. • I do not have any more current information on that, but that dialogue is taking place. • On some grant items, the sustainable transportation planning grant. • It's been announced that the applications are now due in February 2023. • So that grant application is underway and will be prepared, finalized, and submitted by the due date in February. • The $2 million infrastructure funding from district five Supervisor Hopkins, engineering staff is in the process of developing a priority list and recommendations, which will come back to you, which could be used to submit district five funding. • One of the projects being considered is an enhanced pedestrian crossing at Sunset and Taft at High school. • That is coming to you on the November 15th city council meeting. Assistant City Manager/City Clerk Gourley reported as follows: • I just want to let you know that the City received three proposals from the grant writing of applications. • We will be setting up an interview panel to be discussing those. • Reminder to get out and vote next week. 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: • The Sebastopol service and action coalition, which I participate in as well as various service clubs in town, such as Rotary, noon club, Lions, and others, is moving forward to really develop their relationships and their able to work collaboratively on various projects that have a number of meetings and get-togethers established in order to do that. • In a very substantial way they are doing hands-on projects within the community, including an event on October 22nd that I participated in to take care of yard work on the street, huge number of people involved • Then November 5, there's another helping other people effort that is going forward, and it actually involves Rebuilding Together. • So that's a good development within our town for many, many reasons. • Continuum of care I attended as a substitute for Una Glass. Talked about funding strategies. • There was clear information about funding that will be available through State and County dollars on the county side. • They also seem to be a fairly effective voice on behalf of small cities in that group. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 20 of 23 Agenda Item Number: 1 • As liaison to service organizations, serving the unhoused, I've attended the Horizon Shine community advisory committee and been involved in those efforts to make sure that community contacts between Horizon Shine and our town continue forward. Councilmember Glass reported as follows: • So just wanted to let you know I did miss the CoC meeting. Councilmember Rich, thank you, attended in my place. • However, I am continuing to work with the small cities group on comments on the strategic plan that is up for finalization sometime in the very near future. • But the small cities group is working on our recommendations for changing or advocating for certain policies to do with funding that is like what priorities are going to be designated in terms of specific groups, specific areas, et cetera, to be funded. • Also the priorities in terms of funding existing, new and innovative projects. So I'm working with the team on that. • Then the second thing I did want to mention was that, as was mentioned in public comment, that the Board of Supervisors did approve funding, some continuing funding for the Horizon Shine project to the tune of $330,000 that was before the Board of Supervisors, and it was approved earlier today. Mayor Slayter reported as follows: • First is I have a family member who is a Lieutenant Colonel physician in the Marine Corps, and the recommendation is for that I'm hearing is go get a booster. • If you're not boosted, now is the time. It's perfect timing before a holiday, gatherings, potential travel, and the new booster works. • So I don't think that it's particularly scary to anybody to hear. I personally gritted my teeth and got myself through it as much as I hate shots. • Then the other is a report, and that is on the young Ukrainian family that is now living in Sebastopol. • They are, I'll go ahead and say thriving. They are doing wonderfully, and the generosity of this community, the generosity of our business community, any time I have mentioned this, business owners have gone way, way over the top as far as providing goods and services. • They left out of Poland with one medium small suitcase and a backpack each. That was it. That's what they landed at SFO with. • Their closets are filling nicely. They actually have appropriate seasonal clothing. • As a society, as our little version of civilization here, it really does something. It's like the Grinch and your heart grows three sizes. • Just to think about they landed here on a late Wednesday. The children started Parkside school on Monday morning. • They're not citizens. They are here under a temporary humanitarian visa, and we as a society say education is important and we fund that. • It's so remarkable to see it and to be reminded of it in the first person. Vice Mayor Hinton reported as follows: • I just sent out to the Councilmembers the report from Sonoma County Legislative Board. • Couple things of note and I highlighted it in the e-mail. • There's a lot of discussion about a new law that is passed and I was just pulling it up. • But it's involving people running for office or sitting in office of taking more than $250 from anyone with a permit pending. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 21 of 23 Agenda Item Number: 1 • A lot of people talked about it and we were told to have our City Attorneys review it if it comes into question on something we might vote on in the future. • The other thing I wanted to point out for the future is there will be a new Mayor and Councilmembers Training in Sacramento in January. We haven't attended in person for quite a while. • I would suggest anyone mark their calendars for January 18th through 20th of 2023. • We will have to book hotel rooms, because they will sell out close to the conference, for anybody that wants to attend right after the election or for those of us that are currently elected and want to reserve our seats, we should get in touch with Mary, who usually helps us book our hotel rooms. • So that was pointed out as well, and sometimes we lose track of that. • I did, unfortunately, miss, due to my work commitments, Russian river watershed field trip. • Nobody from our city was able to attend that field trip, which happened on the 27th. • I had a couple other committee assignments but not related to Council. • I wanted to second our Mayor's urging to get your COVID vaccine if you haven't already. • I will tell you as a frontline responder I do have COVID cases currently in my facilities, and so that keeps us really busy. • They did come in from the outside from visitors, so it's really important if you're visiting seniors, especially at the holidays, that everybody gets vaccinated. • That's my public service of the day. Thank you very much. Councilmember Gurney reported as follows: • I can report that the Community Benefits Organizations met. • The October meeting was chaired by Arthur George. • They rotate facilitators, and Arthur asked this question how does government work, how do we work with government, and our guests were the City Attorney and Mayor. • I was impressed with how you laid it out there very directly, very simply, very candidly. • I know the group appreciated your remarks greatly. I certainly did too. • The Mayor and I are part of the Relaunch subcommittee and we had a meeting with our consultant and city staff. We did a lot of talking and troubleshooting and solving problems answering questions there on the go and busy. • The climate action group, as always, is incredibly focused, and in their second meeting in November after the holiday, they're going to make it a longer meeting to actually write a work plan with the help of our planning director. • Our groups are getting organized and writing a plan of work and priorities for the year. • The community center is also meeting in November to do a retreat and look at their goals for the upcoming year, three years, and five years. • The SCTA/RCTA is not meeting again this month. They'll be convening again in December. 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) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEETING Mayor Slayter adjourned the City Council Meeting of November 1, 2022 at 7:52 p.m. Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 22 of 23 Agenda Item Number: 1 November 1, 2022 City Council Regular Meeting was adjourned to the next Regular City Council Meeting to be held November 15, 2022 at 6:00 pm. Respectfully Submitted, Mary Gourley Assistant City Manager/Attorney/City Clerk Agenda Item Number: 1 City Council Meeting Packet of: November 15, 2022 Page 23 of 23

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 November 1, 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 - November 1, 2022 Time: Nov 1, 2022 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83544136775?pwd=Z3BwSlB4bHpkLyt1N2xhL0M1b0xsQT09 Meeting ID: 835 4413 6775 Passcode: 828631 One tap mobile +16699006833,,83544136775#,,,,*828631# US (San Jose) +16694449171,,83544136775#,,,,*828631# US Dial by your location +1 669 900 6833 US (San Jose) +1 669 444 9171 US +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) Meeting ID: 835 4413 6775 Passcode: 828631 Find your local number: https://us02web.zoom.us/u/kdqYHZ56Sz 6:00 pm Convene City Council Meeting (ZOOM VIRTUAL FORMAT) CALL TO ORDER ROLL CALL SALUTE TO THE FLAG PROCLAMATIONS/PRESENTATIONS: • Proclamation - November 11, 2022 – Proclamation- Veterans Day Recognition 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 October 18, 2022 City Council Regular Meeting Minutes (Responsible Department: City Administration) 2. Award of Contract for Bodega Avenue Digouts and Repair Project (City Engineer) 3. Approval of Second Reading and Adoption of Ordinance Number 1143 for 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. (Responsible Department: Planning Department) 4. Approval of City Sponsorship Program Request – Sebastopol Chamber of Commerce for Movie Night. Total Request for Sponsorship: $1825.00 (Responsible Department: Administrative Services Department/Public Works) 5. Approval of Change Order 2 with Piazza Construction and adoption of Resolution amending the Capital Improvement Budget for Fiscal Year 2022-23 for First Street Water Main Replacement Project 0818-20.09 (City Manager/GHD) 6. Approval of Plans and Specifications and Authorization to Bid SR 116 ADA Ramps- Bodega/Florence/Robinson Pedestrian Improvement Project (City Engineer) 7. Approval Out of Service Area Agreement for Sewer Connection at 286 Eddie Lane (Bryan M. Doherty, Jr. and Marilyn Zick, Trustees for The Zick/Doherty Family Trust U/D/T March 17, 2000 (Owners) (City Engineer) 8. Approval of Revised Job Descriptions for Police Department (Sergeant, Lieutenant and Captain) and Reallocation and Recruitment for a Police Captain (Responsible Department: Police/RGS Personnel) 9. Approval of a Fee Waiver Request for $1220 for the Sebastopol Community Church - Microshelter Temporary Use Permit (1000 Gravenstein Hwy North) (Responsible Department: Planning) 10. Approval of Letter of Support To Sonoma County Board of Supervisors to Authorize the Interim Director of the Community Development Commission to enter into an agreement of up to $330,000 in discretionary funds to continue the operation of the Horizon Shine RV parking program in Sebastopol through June 30, 2023. (Requestors: Councilmember Rich (City Council’s Liaison to Service Providers for the Unhoused) and Councilmember Glass (Sebastopol City Council’s Continuum of Care Appointee) 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.) NONE PUBLIC HEARING(s): NONE REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): 11. Discussion and Consideration of Draft ordinance regarding oversight of the City’s acquisition and use of surveillance technology and imposing a ban on certain types of surveillance technology (Responsible Department: Police) 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) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEETING November 1, 2022 City Council Regular Meeting will be adjourned to the Regular City Council Meeting to be held November 15, 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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