City Council

City Council City Manager Mayor Neysa Hinton Larry McLaughlin Vice Mayor Diana Rich lmclaughlin@Cityofsebastopol.org Sandra Maurer Assistant City Manager/City Clerk, MMC Jill McLewis Mary Gourley Stephen Zollman mgourley@Cityofsebastopol.org CITY COUNCIL MEETING AGENDA Meeting of Tuesday - May 16, 2023 Regular Meeting Start Time: 6:00 pm Meeting to be held in Person and Virtual /Remote Participation Zoom Link is to be used for providing public comment/Live Stream is utilized for viewing only of Meeting In Person Location: Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA 95472 Remote/Virtual Zoom Link: (see below Join Meeting Link) Topic: City Council Meeting - May 16, 2023 Time: May 16, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89557965455?pwd=Yk5nR0NaaVl6QXVVY2o4OUJ0SzdEUT09 Meeting ID: 895 5796 5455 Passcode: 295936 One tap mobile +16699006833,,89557965455#,,,,*295936# US (San Jose) +16694449171,,89557965455#,,,,*295936# US Dial by your location +1 669 900 6833 US (San Jose) +1 669 444 9171 US +1 346 248 7799 US (Houston) +1 719 359 4580 US +1 253 215 8782 US (Tacoma) +1 301 715 8592 US (Washington DC) +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 386 347 5053 US +1 564 217 2000 US +1 646 931 3860 US +1 929 205 6099 US (New York) Meeting ID: 895 5796 5455 Passcode: 295936 Find your local number: https://us02web.zoom.us/u/kcteCxGy33 The public may also view the meeting by use of Live Stream. Important Notice: The City of Sebastopol shows both live broadcasts and Video Archive of City Council Meetings over the Internet. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice. Videos are available for one year from date of meeting. • Here is the link: http://bit.ly/sebcctv or https://www.ci.sebastopol.ca.us/City-Meetings-TV Please note that minutes of meetings are not meant to be verbatim minutes and are meant to be the City’s record of a summary of actions that took place at the meeting. The vote/action is the required information of the meeting actions that took place. Approved minutes are available on the City Council Meetings page. https://www.ci.sebastopol.ca.us/Meeting-Event.aspx Please click on the special Council meeting date. If minutes were approved, they will be listed under that specific Council Meeting date. As a courtesy, please turn off all cell phones, electronic devices, and pagers during the meeting. The public is advised that pursuant to Government Code section 54957.5 all writings submitted to the City and City Council are public records and will be made available for review. 6:00 pm City Council Regular Meeting, In Person – Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA/Virtual Format (Zoom) See Link Below https://us02web.zoom.us/j/89557965455?pwd=Yk5nR0NaaVl6QXVVY2o4OUJ0SzdEUT09 Meeting ID: 895 5796 5455 Passcode: 295936 CALL TO ORDER ROLL CALL SALUTE TO THE FLAG PROCLAMATIONS/PRESENTATIONS: • Proclamation – In Memory of Ellen Stillman, LANTERN STATEMENTS OF CONFLICTS OF INTEREST: Conflicts of interest may arise in situations where a public official deliberating towards a decision, has an actual or potential financial interest in the matter before the Council. In accordance with state law, an actual conflict of interest is one that would be to the private financial benefit of a public official, a relative or a business with which the Councilmember is associated. A potential conflict of interest is one that could be to the private financial benefit of a Councilmember, a relative or a business with which the Councilmember is associated. A Councilmember must publicly announce potential and actual conflicts of interest, and, in the case of actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue and must remove themselves from the dais. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (FIRST COMMENT PERIOD): Up to Twenty (20) Minute Time Limit (Two Minutes for up to ten speakers). Additional public comment will be held at the end of the discussion and action items for up to an additional twenty (20) minutes. Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers. Process for calling on Speakers: Mayor or designee shall ask for public comment as follows: Speakers to be called on in an alternate manner (One speaker in person to be called on first; then one speaker remote to be called on second with additional speakers to be called on in the same manner) based upon the time limit. CONSENT CALENDAR: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion without discussion unless a member of the City Council requests that the item be taken off the consent calendar. The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent calendar; and then open public comment to the members of the public in attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be removed for discussion. If an item or items are removed from the consent calendar, the item shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tern. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem. 1. Approval of City Council Meeting Minutes for Meeting of May 2, 2023 (Responsible Department: City Administration)  2. Approval of Resolution of Intention adopts a Resolution preliminarily approving the Engineer’s Report and a Resolution of Intention to levy and collect assessments for FY 2023-24. (Responsible Department: Administrative Services Director) 3. Adopt a Resolution Approving the Land and Water Conservation Fund (LWCF) Grant for the Burbank Experimental Farm Restroom Facility and Accessibility Improvements Project and Finding the Project Exempt under CEQA Section 15303(e) (Responsible Department: Engineering/GHD) 4. Bid Award for the Bodega Avenue Phase 1 Project #0513-74.09 and Finding the Project Exempt under CEQA Section 15301(c), 15304(f) and 15304(h) (Responsible Department: Engineering/City Engineer) 5. Approval of Amendment to City Personnel Rules and Regulations (Disciplinary Procedures) (Responsible Department: Administrative Services/City Administration) 6. Approval of Re-Use of Fountain at City Hall/Library from Fountain Use to Planter Use with a Gravenstein Apple Tree planted in the City Hall/Library Planter and Finding the Project Exempt under CEQA Section 15304(b) (Responsible Department: Planning/Public Works) 7. Approval of Resolution Declaring Weeds a Public Nuisance and Setting Date/time for Public Hearing (Responsible Department: Interim Fire Chief) INFORMATIONAL ITEMS/PRESENTATIONS: 8. Informational Presentation from NHA Financial Advisors for Revenue Enhancement Study. The DRAFT presentation was presented to the Budget Committee at a Publicly Noticed Meeting. (Responsible Department: Administrative Services) 9. Progress Report from the Ad Hoc Fire Committee (Responsible Department: Interim Fire Chief) PUBLIC HEARING(s): NONE REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION) 10. Consideration of Approval of Resolution Authorizing a Joint Application with St Vincent de Paul for a Project Homekey Grant Application for 845 Gravenstein Highway North and Finding the Project Exempt under CEQA Section 15332, Class 32 (Responsible Department: Planning) 11. Discussion/Update of Mental Health Response Program (Responsible Department: Police Department) 12. Consideration of Approval of Contract for City Manager and City Attorney Services (Responsible Department: City Administration/HR Consultant) 13. Consideration of Amendment to City Council Protocols: a. Amendment to Proclamations/Presentations b. Adjournment of City Council Meeting Time (Requestor: Councilmember McLewis/Responsible Department: City Administration) ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Three minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discretion depending upon the number of speakers or Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers. CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS: 14. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting). 15. 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)  16. Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers) 17. 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 May 16, 2023 Meeting will be adjourned to the Regular City Council Meeting of June 6, 2023 at 6:00 pm (In Person and Remote/Zoom Virtual Meeting Format) American Disability Act Accommodations/Accessibility: A request can be made orally or in writing, and submitted to the ADA Coordinator by email: building@cityofsebastopol.org or to the City Clerk’s Office so as to avoid delay in reviewing and processing the request. Requests can be made by contacting the ADA Coordinator’s Office at (707) 823-8597, via email at building@cityofsebastopol.org or by mailing such a request to the ADA Coordinator’s Office located at 7425 Bodega Avenue, Sebastopol, CA. Note that if you contact the ADA Coordinators Office, via mail, you need to make the request early enough that a response can be timely provided. NOTICE: All Resolutions and Ordinances introduced and/or adopted under this agenda are waived of all reading of entire resolution(s) and ordinance(s). The City of Sebastopol is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. SB 751 Legislative bodies of local agencies must publicly report: (1) any action taken and (2) the vote or abstention on each action taken by each member present for the action at a meeting. If you have any questions regarding this meeting, please contact the City at Email: info@cityofsebastopol.org or citycouncil@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 in person or remotely to its meetings that are generally scheduled for the 1st and 3rd Tuesday of every month. Your interest and participation are encouraged and appreciated. Government Code Section 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. City Council Regular Meetings are available in real time and archived on Livestream. Important Notice The City of Sebastopol shows both live broadcasts and Video Archive of City Council Meetings over the Internet. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice. • Here is the link: http://bit.ly/sebcctv There are times that the City Council open meetings may not be live streamed due to technical issues; if that is the case, the meeting will be video-taped and uploaded as soon as possible to the City Web Site. In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. COUNCIL PROTOCOLS FOR MEETING: This in person and virtual/remote meeting is compliant with the Governor’s Executive Order allowing for a deviation of teleconference rules required by the Brown Act. Traditional Brown Act and AB 2449 requirements can be utilized for all City Council meetings as long as required notice and posting is conducted per the Brown Act. Please Note the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). (b) As used in this section: (1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.