City Council
Regular MeetingSebastopol, CA · August 8, 2023
Minutes
CITY COUNCIL MINUTES
MINUTES FOR Regular City Council Meeting ofAgg6!-8.2823
As Approved by the City Council at their regular meeting of September 5, 2023
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/Meeti ng-Event.aspx
Meeting was held in Person and Virtual /Remote Participation
Zoom Link used for providing public comment/Live Stream is utilized for viewing only of Meeting
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City Council are public records and will be made available for review.
6:00 pm Citv Council Regular Meeting
Callto Order: Mayor Hinton called the Regular Meeting to Order at 6:08 p.m
RollCall:
Present: Mayor Neysa Hinton
Vice Mayor Diana Gardner Rich
Councilmember Sandra Maurer
Councilmember McLewis
Councilmember Stephen Zollman
Absent: None
Staff: City Manager/City Attorney Larry Mclaughlin
Assistant City Manager/City Clerk Mary Gourley
STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS: None
SALUTE TO THE FLAG: Mayor Hinton led the salute to the flag.
Addition of Urgency ltem/Proclamation in Celebration of the 30th anniversary of Sebastopol and Chyhyryn's Sister
City Relationship
MOTION:
Mayor Hinton moved and Vice Mayor Rich seconded the motion to approve the addition of an urgency item as it
came to the attention of the City after the posting of the agenda. Proclamation in Celebration of the 30th
anniversary of Sebastopol and Chyhyryn's Sister City Relationship
Mayor Hinton called for a roll call vote. City staff conducted a roll call vote.
VOTE:
Ayes: Councilmembers Maurer, Mclewis, Zollman, Vice Mayor Rich and Mayor Hinton
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Noes: None
Absent: None
Abstain: None
City CouncilAction: Urgency ltem approved to be placed on the agenda
Minute Order Number: 2023-186
PROCLAMATIONS/PRESENTATIONS: NONE
STATEMENTS OF CONFLICIS 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. ln
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.
Mayor Hinton commented she had a conflict of interest with item number 1 and would be recusing herself from
the dais.
PUBLTC 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
heldattheendofthediscussionandactionitemsforuptoanadditionaltwenty(20)minutes. Mayorhas
discretion to allow for additionaltime 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.
Craig commented as follows I'm a resident. I wanted to say something positive because I remember sitting up
there and sometimes people show up when they have things they want to complain about but I contacted Public
Works recently about a smell in my water at my business. There is a smelland I talked to a couple of people and
they said that's your hot water heater. You need to flush it out and it was confirmed with a neighbor that they
had that issue, flushed out the water heater and it worked right away. They were prompt. I got calls back. I called
the front desk, got calls back right away and I was very grateful for that. Thank you for a job well done.
Kyle commented as follows: Just really briefly, l'm hoping we can get an update on the crosswalk improvements
that are happening. There was kind of a last minute delay, unforeseen, but it seems to happen regularly when we
are contracting out some of these Public Works projects. At the corner of Bodega and Robinson, we had to
experience no access to crosswalks at that intersection, forcing pedestrians to walk out into busy traffic for
multiple days in a row. Those crosswalk intersections are still not completed. I wanted to know what the original
timeline of that was, what the expected delay was, will it continue to be and delayed when that will be finished
up. Historically, we have seen some of these projects end up with a delay. The contractor says the delay is only
going to be two weeks and then up till the six weeks later, the contractor is still continuing to work on these
things. We are in a tight budget situation. To see projects like this get extended out, l'm sure ends up costing us
more money, even if it is a budgeted amount for that that with the bid amount originally was. I think the public
deserves an update on that project and both economic increase of cost as well as a timeline for completion on
these crosswalk intersections that are causing pedestrians to have to walk into the street in a pretty busy road.
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Mayor Hinton departed the dais for consent calendar 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 Mayorwill 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.
lf 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. ltems 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.
Vice Mayor Rich read the consent calendar.
Vice Mayor Rich asked if any Councilmember wanted to remove a consent calendar item. There was none.
Vice Mayor Rich opened for public comment.
Pr,rb lic ment:
Kyle commented as follows: So, we are looking to hire a new City Manager and currently we are also in a pretty
serious budget deficit, which is requiring us to look at the possibility of a sales tax measure to try to recoup some
of the losses. However, these two things are very much connected. I'm very much wanting to hear the Council's
decision-making process for raising the budget for the City Manager. The dollar amount that City Manager budget
was raised and what conversation was had about actually being able to recruit a City Manager atthe pre-existing
rate and why there was this urgent need to increase the City Manager budget as part of the last budget cycles
proceedings.
1,. Approval of City Manager Recruitment Brochure. This item is to approve the brochure to be distributed
for the Executive Firm Recruitment for a City Manager for the City of Sebastopol (Responsible
Department: City Management/Human Resources)
MOTION:
Councilmember Maurer moved and Councilmember Zollman seconded the motion to approve consent calendar
item number l-.
Vice Mayor Rich called for a roll call vote. City staff conducted a roll call vote.
VOTE:
Ayes: Councilmembers Maurer, Mclewis, Zollman and Vice Mayor Rich
Noes: None
Absent: None
Abstain: Mayor Hinton
City Council Action: Approved brochure to be distributed for the Executive Firm Recruitment for a City Manager
for the City of Sebastopol.
Minute Order Number: 2023-187
Mayor Hinton resumed her seat at the dais.
IN FORMATI ONAL ITE MS/PRESENTATIONS:
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Presentations are to be 10 minutes or less.
PUBLIC HEARING(s): NONE
INFORMATIONAL ITEMS/PRESENTATIONS: NONE
PUBLIC HEARING(s): NONE
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACnON)
2. Discussion and Consideration of Resolution Calling an Election to askthe Voters of the City of Sebastopol
to Approve A Transactions and Use Tax of 0,25%; (2) Approving the Ballot Question and Form of the
Ordinance to be Submitted to the Voters; (3) Requesting that the Sonoma County Board of Supervisors
Consolidate the Special Election with any other Said Election to be Held on November 1,2023; (4)
Directingthe County Elections Departmentto Conductthe Election on the City's Behalf; (5)Setting
Deadlines for Submission of Arguments and Rebuttal Arguments; and Providing for an lmpartial analysis
by the City Attorney; and (6) Approval of Resolution for Budget Amendment of $5000 for education and
outreach for Said Ballot Measure (Responsible Department: City Attorney/Ad Hoc Committee for Ballot
Measure)
City Manager Mclaughlin commented as follows: Just a brief background, at the July 18,2023 City Council
meeting, City Council received a request for consideration of placement of a ballot measure on the November 7,
2023 special election. The Council appointed a committee at that time and authorized the city to enter into a
contract with consulting for polling not to exceed 510,000. On August 1.,2023 at your regular Council meeting,
Council received the polling results from and based on those results and upon further Council deliberations, and
in recognition of the city's deficit and potentialservice reductions, the Council directed staff to come forward this
evening in a special meeting with a report for presenting a ballot measure to the voters on the November 7th,
2023 election. The actions that the Council would potentially be called upon to take tonight include the adoption
of a resolution. That resolution would call an election to ask the voters to approve a transaction and use tax of
one quarter cent or 0.25% approving the ballot question in the form of the ordinance to be submitted to the
voters. Back to what this means, before you tonight as part of the staff report, you have the current wording of
the ballot question returning to you from last meeting. The Council will also be asked to approve the form of the
ordinance. That is not adopting an ordinance. lt is approving the form of the ordinance, that is to say, it is wording
that would be submitted to the voters. Revenue and taxation code section cited in the staff report, 7285.9L
requires that under such circumstances the approval of the form of that ordinance will require approval bV a 4/5
vote of the Council, Tonight, four out of five of you at least would have to approve the wording of the ordinance
for the election to go forward. Other actions tonight would include a request at the Sonoma County Board of
Supervisors consolidate our special election with any other election that would be held on Novem ber 7,2023. ll
directs the County elections department to conduct the election setting deadlines for submission of argurnertts
and rebuttal arguments, providing for impartial analysis by the City Attorney and approval of resolution for a
budget amendment of $5000 for education and outreach for the ballot measure. Per California law, the city is
restricted to informational presentations concerning any valid that you sponsor. So you will not be able to, for
example, point a committee to prepare arguments, to submit mailings, to do normal things you expect to see in
an election. lf any of those things were to be done, they would need to be done by some form of citizens
committee that is formed to assist in the ballot measure and to do those kinds of things to promote the ballot
measure. The city is restricted to informational items. The resolution for the budget amendment for education
and outreach is intended to coverthe cost of informational items that may be submitted to explain the city's
financial situation and give such other information as may educate voters about our city's budget situation and
the need for the ballot measure. So, that's what that is for. That is to potentially hire somebody to help the city
promote educational items only. So, again, the staff report goes through and presents to you under a number of
actions. Review the draft questions, decide whether to go with it or propose changes as you feel might be
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needed for the draft ballot question. The other items as I said is to approve the form of the ordinance. The
ordinance is attached to your staff report and to take the other actions, directing election be summarized at the
beginning of the staff report. Mayor and Council I would suggest potentially first turn to the ballot question and
discuss with the Council wording of the proposed ballot question. That concludes my staff report.
Councilmember Zollman commented as follows: I did appreciate the fact that in the staff report is there was
consultation by our outside law firm who looked at it and l'm assuming that's the reason why some of the
wording was changed as far as the listing of the various items to be funded. I concur with that because it's actually
based upon the polling result. I do appreciate there being another set of eyes reviewing this and making sure we
are investing this amount of money and that we do it right and that there is not going to be any legal problems
down the road.
City Manager Attorney commented as follows: if I can elaborate on that. We discussed this matter again with our
outside counsel twice today. We focused the attention of one of our calls on the actual ballot language and pros
and cons for various options for the Council. At that time he did indicate to us that the preference for a longer
version of the ballot measure as you alluded to because it is based on the polling results and because voters tend
to focus their attention in his experience having done over a dozen ballot measures fairly recently, voters tend to
focus their attention on the ballot questions and they like to see all the various things that the specialtext
measure may pay for. So, yes, because it is based on the polling and yes because of the way that the voters often
approach these election questions. So, he did review that. He also reviewed other optional language that was
submitted recently by members of the public as well as reviewing with myself and the city clerk to be followed
tonight with regard to the adoption or approval of the form of the ordinances I alluded to and the requirement of
the revenue and taxation code section that would require a 4/5vote in the Council this evening. Again, currently
we talked with them as recently as 4:00 this afternoon.
Vice Mayor Rich commented as follows: My question has to do with two of the elements of this ballot language as
proposed. That would be the library and mental and behavioral programs. On those items, I think people who
have been following my comments about this ballot measure up until now are aware that my interest is in looking
at our current budgetary situation and finding a way to cover, to maintain, to provide a sustainable way into the
future to pay for our current expenses. That is where I look at this. I love the library. Obviously, I think people are
where well aware l'm a big supporter of mental and behavioral programs. However, when I look at our budget, I
have to say I do not see where we are spending money currently, specifically on the Iibrary, nor do I see
specifically on mental and behavioral programs. So, that's my question and this would be a question to staff or
information that the ad hoc committee that worked on this would be able to provide, but where is the money for
the library that we are already spending and where is the money for mental and behavioral programs we are
already spending.
City Manager/Attorney Mclaughlin commented as follows: lf I could address this from a budgetary perspective.
The city does financially support the library. We are responsible for the building and the improvements and repair
of the building including its HVAC systems and other things as they require repair. The ballot language there is not
intended to imply that the city itself necessarily has mental or behavioral programs. That refers to library
programs. Financial support of the library tends to financially support those programs.
Vice Mayor Rich commented as follows: I would press back on that. I would be looking for a number. What is the
amount of money that we are spending on those services now? That is important for me to know.
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Mayor Hinton commented as follows: I had a question because I thought we had come to a consensus that we
were replacing the word maintain with enhance. We talked about this a lot. We talked about enhance, we were
adding to it and I thought we had agreement on maintain. So, I was surprised to see the ballot question bring back
enhance when l'm pretty sure, and l'm seeing nods, that the four people at the table at the last meeting had
already agreed in my notes say that it was changed to maintain. So, if that's the agreement, I just want to clarify
because I know we are in question time. So, I think that we did lead with fire services instead of the other items. lt
felt like this ballot question had all the stuff but it was kind of mixed in different order.
City Manager/Attorney Mclaughlin commented as follows: lt is rather moot because we already anticipate there
will be wording changes in this particular item and that is the purpose of tonight's meeting. I will take this
opportunity to mention we discussed with our legal counselthis afternoon potential alternative language of the
Council wishes to make changes in a certain direction. We may have language for that.
Vice Mayor Rich commented asfollows: ldo have a pendingquestion and l'm hopingthatstaff willatsome point
be able to reply in terms of library and mental and behavioral services. The amount especially since we are
looking at maintain language.
Mayor Hinton commented as follows: I will say that when I looked at, and I think we did have discussion about
the behavioral health, we were tying that to the homeless coordinator. That's my recollection. Not necessarily
tying it to the library come although Stephen made a point that the library is a place, but we did also talk about
the homeless coordinator.
Councilmember Zollman commented as follows: I don't want to over assert because I do see there are members
of the library administration on the call and I wantto push them in any direction, They are in charge of supplying
people and coming up with the programming. The last time I remembered this, it was something, between the
library and behavioral programs, which we had discussed.
Councilmember McLewis commented as follows: I have watched all the meetings, every one of them. ln fact I
just watched the one you were talking about right before I got here. A lot of questions and concerns, but the first
question I have is, just to play off vice mayor rich's question, is there anything out of the ordinary going on with
the library that suddenly we need to be taxing our citizens for maintenance of the library? I know we maintain the
Community Center. I have a lot of experience with that. l'm just curious how that became a focal point here. We
serviced so many different nonprofit buildings.
City Manager/Attorney Mclaughlin commented as follows: I can't exactly explain how it became a focal point but
I will say the need to finance and support the library's building comes and goes depending on equipment and how
long it lasts and what its current state of repair might be. So, we know of no present urgent need to financially
support the library. But we have provided support, financial support for the library over the years as the need
arises. We are legally obligated to do that, but it doesn't always require it.
Councilmember Mclewis commented as follows: lust like we do with the Community Center when it needed a
new roof and the Senior Center when they need services. I negotiated the Community Center lease so l'm very
familiar with the city. Another question I had and it stems from the videos I was watching, there was one thing
that I think it was mentioned that it would be answered this time. lt was about the audit and the cost. I was trying
to wrap my head around that. I was curious when you audit this, are the costs, will this be covered under the
current audit cost or is this an additional cost that wasn't clear to me.
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City staff commented as follows: ln the weeks since the last meeting, information we generated so far is that our
current auditor can audit the election results but it would be an additional charge and unfortunately we do not at
the present time have an estimate as to what that cost would be. I believe there was a number in the staff
report. I believe the number was ranging from S10,000 - 515,000 but that was just an estimate because they have
to know how many transactions and everything like that, That number could go up. They gave us a range of S10-
S15,000. Again, that is an estimate without knowing allthe facts behind it and allthe transactions. lt would be
separate from our current contract with the auditor.
Councilmember Mclewis commented as follows: I guess because I haven't been at all these meetings, but again I
watched all the videos, l'm trying to wrap my head around how in our budget talks we had many discussions
about infrastructure. We need to fund our roads, our water, sewer. We have all these different items that we as a
city are responsible foryet lsee Senior Center, Pol, Library, mental and behavioral health, behavioral programs
and none of those are actually things that we as a city are taught by already. l'm trying to understand how all of
those things came into play. I understand, there are certain things that voters like to hear and they want to vote
on, but it I'm trying to understand the transparency and how these things became the priority of this when it first
started out as a safety, public safety measure ordinance and now we are looking at all of these different things
that actually in my mind are not necessarily the priority of the city. I understand we pay for some of these things
but one we are looking at all of these other things that we talked about in our budget and also funding the
positions that the police and fire, which I voted for, could someone help me wrap my head around why we have
so many of these services, these items listed that are not top priorities.
Mayor Hinton commented as follows: I can address that since I started this fall with the briginal proposal.I
brought forth the public safety theme, I guess you would call it, because we voted for a fire and police position,
which I thought were needing to be funded. Yet, we were borrowing from reserves and that made us borrow
even more from reserves. So, public safety I believe is a vital service. lt is true that we also fund a lot of other
things. I just heard today and I don't know the details, that the pool is going to be closed because for months. Our
one public pool -- I have to confirm that -- has repairs that are needed. Obviously, the Community Center in the
past. lf you add up senior center, Community Center, pool, and then add fire to it, and police, we are past what
the sales tax would even raise for us. I think what we are trying to do is make sure that we have enough for our
vital services but also to maintain, that's the wording that I think we all agree to, our current services that we
enjoy that are Iike our senior center. We have cut, as we all know, all support of our nonprofit share. lf we don't
figure out a funding source, that could be more cuts. What gets cut first, it will be the extras. So, this is a tax
measure we are trying to come up with consensus for that the community will support and it seems like the
community members that we represent all have a little different hot button. We are trying to bring a lot of things
into the fold here, Maintain services.
Councilmember Mclewis commented as follows: Just to clarify, we didn't cut all of our nonprofits. We are still
funding the Community Center.
Mayor Hinton commented as follows: We cut a hundred thousand dollars we used to give to a number of
nonprofits, that has been cut. Along with some other major services like the becoming independent, et cetera
Councilmember Mclewis commented as follows: Would that be considered a general fund type?
Mayor Hinton commented as follows: A general fund tax we can do anything with. That's why we have to
specifically states what we are willing to continue to maintain.
Page 7 of 22
Councilmember McLewis commented as follows: With all of these listed here, allthe monies we receive will need
to go to these services. I know this was discussed a lot in the videos and I did watch them all. For my own
clarification, are we discussing -- every year I understand the City Council makes the budget but the concern I
have is that when we do this, cut projects come into play. I watch it over the years and it concerns me that we are
not talking -- first it started out as a public safety tax and now we are looking at servicing all of these other entities
but we are not discussing how much money they are going to get and will it truly cover the fire position? I guess,
is it ever customary to have certain percentages allotted in these types of things or is it just left to the discretion
of whatever counsel is seated?
City Manager/Attorney Mclaughlin commented as follows: This is structured as a special tax at this particular
election. That is the only type of tax measure we can bring. So, as the ordinate states, this is a special tax. So the
special tax requires you to tell the voters what special purposes you intend making use of the money to support.
You are not necessarily required to give them a complete list of every single item that you may fund. You can give
them a more general category and this ballot language was intended to give specific examples of things that the
monies are to be used for and then state that for other similar programs that support the community. Then also,
fire, in the way that fire is written. lt is not just limited to parks, senior center, pool, library and the two programs.
It can be used more broadly. lt is typical in these special tax measures that the Council set these priorities and
expendituresyearly duringthe budget process. Each year, dependingon the city's needs, in these particular areas
as well as other areas, the Council would meet during its normal budget process and determine how the fund
these various possibilities and in what amounts. That's left up to the discretion of the City Council to do that
during budget time, that is still considered to be a special tax. This does not set forth a formula or something
similar as to how you would spend these monies. lt's done by the City Council in the yearly budget process.
Councilmember Maurer commented as follows: This is a question for our City Attorney. Has the City Council in
the past ever initiated a special election for special tax. lf so, when was it and for what purpose.
City Manager/Attorney Mclaughlin commented as follows: I would review the history of the city but in my time
here, I do not recall a special tax.
Vice Mayor Rich commented as follows: My question has to do with the inclusion of the word and in the
proposed language. ljust wanted to make sure when I read it, my concern is that, that and, could be interpreted
to mean that every single one of those items has to be funded in some way each year out of proceeds of this sales
tax as opposed to it becomes a series of items that the City Council can decide based on exigencies or needs to
allocate 02 some and more to others. Can you help me, can you reassure me about that.
City Manager/Attorney McLaughlin commented as follows: One thing I will say is, this language has been
reviewed multiple times by outside legal counsel, so I don'tfeel like there is a legal issue. lf the Councilis more
comfortable with an alternate wording, we can explore that if you want to try to make it clear or more clear.
Vice Mayor Rich commented as follows: I guess the question is, was counsel asked whether the word and would
require that every item Iisted gets some amount of money more than zero each year.
City Manager/Attorney McLaughlin commented as follows: He was not asked that question.
Vice Mayor Rich commented as follows: From your legal perspective, what would you say
City Manager/Attorney McLaughlin commented as follows: I don't think we are limited because the entire record
of the City Council discussions as part of the record and any challenge to our ballot measure, I think it is quite
Page 8 of 22
clear in the extensive discussions that we have had, what the intent of the Council is if it adopted this particular
ballot language. That said, we can rewrite it as you see fit to clarify what you want to clarify.
Councilmember Maurer commented as follows: I'm imagining, for example, lves Park. Somebody could have a
perception of lves Park as not being maintained. lf you say we are going to maintain the parks, for example we
will add a fence around the pond. They could say that you were not maintaining this and then is it possible that
could become based on the wording of this measure, that could become a form of litigation as well as if we are
not enhancing the fire services, only providing similar funding to the fire services that could also become a form
of litigation against the city for not enhancing or maintaining the parks? Does that make sense?
City Manager/Attorney Mclaughlin commented as follows: I understand your question but l'm sorry, it would be
very difficultfor me or any other attorney to try and forecast every single potential litigation that could be
brought over a tax measure. Anything is possible, litigation is filed every day. I do not know the answer to your
question, whether that possibly would or any other question would bring rise to litigation.
Mayor Hinton commented as follows: I would say that regarding our roads because they are not in great
condition, this question has come up at Council before. As long as we had a plan for spending money, my
understanding is, we are doing our best.
City Manager/Attorney Mclaughlin commented as follows: lt would be my argument, you can always allege, not
maintained enough, but you are spending money to maintain something. I think you have proven you are
spending to maintain.
Councilmember Mclewis commented as follows: l'm just wondering in the ad hoc committee that you had, has
the discussion come up as far as saying we will maintain using the verbiage maintain Sebastopolfire services. ln
the event that the county tax did not pass and we pass this and it is supposed to be utilized for all of these things,
did the discussion come up as far as the future of trying to fund anything with the fire department? I understand
we haven't come back with any recommendations, but regardless, we are still responsible for the building and
equipment. Did that come up in the discussions? lf we go now for a tax, what is the plan for down the road if we
need more money for fire? l'm trying to understand.
Mayor Hinton commented as follows: I'm with you on the ad hoc committee. I'm on the tax committee. We
didn't discuss fire specifically because we didn't want to go there. I willjust say that we have woefully
underfunded our fire department. We have a small city with a very limited budget. That was before I got on
Council. ldon'tthink l'm speakingoutof turn here but, we need more moneyforfire. We have noguarantees
about what is going to happen in March. We could use all the money, and we are only going for a quarter as
discussed at the last meeting because that gets us to the same level of Petaluma and gets us hopefully over the
top if March passes with a countywide fire measure. If March didn't pass, I would think we would have to go back
to the voters again, personally. But that would be a full Council decision and we would have to be looking at what
we are going to do. We don't know what we are going to do. We vote for this tonight and it doesn't pass.
Specifically to your answer, we did not discuss that in specifics. I'm just kind of speaking transparency here.
Councilmember Zollman commented as follows: I thought my recollection is we did discuss fire and the fact it
would be there and then we would discuss the community services because we have not funded them this year
by way of the grant. My recollection is we did discuss fire and the consequences of whether we went now or
later. My thought was it would be great if we got more money for fire now and then the one next spring, it would
be better for us because we would have more money to give to fire.
Page I of 22
Mayor Hinton commented as follows: We did discuss when we should go and that we needed money, as I just
stated. But we did discuss, what if we don't have enough money? What would we do? And what the future is of
our fire department.
Vice Mayor Rich commented as follows: My rationale looking at the Matrix report, which stated regardless of
whether consolidation was a path or independent our department was a path, the city would be expected to
contribute from its generalfund. I think at least S1.4 million. Clearly it also indicated a functionalfire department
no matter what its format or structure, would require a whole bunch more than that. I think it was something like
SS million. But it was a lot of money. Looking at this measure, it was clear to me that the money that would come
in from the sales tax measure would be important regardless of what happens with our fire department in the
future, and sticking with a quarter percent sales tax would allow the ad hoc committee's fire committees
recommendations, whatever they might be, to not be hindered in any way by our action with the sales tax. That's
just my perspective on that. I would like to hear the options that our City Manager has run by legal counsel in
terms of the ballot question language.
Mayor Hinton commented as follows: I had circled that we thought we would need 30,000 for outreach from the
last meeting but l'm seeing a cost in here of additional 1$0,000. But then it had a resolution for SSOOO education
and outreach.
City staff commented as follows: lt was my understanding based on the last conversation that we had $L00,000
that was allocated in the budget, 530,000 of that was already in there for education and outreach. So, if we did
not spend all of that, we only spent up to 510,000 to the polling, so we were still under the budget but it was
discussed that would not be enough money for outreach. We added the additional 510,000 back in, which puts us
up to S105,000. we have 5100,000 budgeted.
Vice Mayor Rich commented as follows: That is not how I read the staff report, I read it as proposed S30,000 for
services for the ballot for the drafting of the ballot question and the ordinance and then 510,000 in the staff
report as presented last meeting for education and outreach and that we had during the last meeting requested
an additional S10,000 for education and outreach which would raise that to S20,000, but approximately S10,000
of it had already been spent through the polling effort. The second part of the report says the proposed fiscal
impact is proposed as follows, 530,000 for the ballot question, 510,000 for marketing and outreach and then
county election cost number 555,000.
City staff commented as follows: The funding allocated in the current budget you have 530,000 for the ordinance
and then you have strategic outreach and election costs, We still have the $30,000 for the writing measure and
the ordinance for community services. There is the Sl-0,000 for the marketing strategy and outreach. So, if we are
adding back in you are correct. We would need to increase the cost because that was not my understanding when
we had the last meeting. I had a different interpretation.
Vice Mayor Rich commented as follows: I understood that what we had approved was 530,000 for the ballot
measure, the ballot question and ordinance. For strategist marketing and education outreach, the City Council
agreed the number should be 520,000. For the county election cost, the City Council agreed we should slot in
555,000 which would have brought us up to $105,000 total. That ignores the baseline question, which is how
much money do we need for a robust marketing, education, and outreach program? I do not know. But I think
that's where we were in terms of the numbers.
Mayor Hinton commented as follows: That is what I recall as well
Page'lO of 22
City staff commented as follows: That was not my understanding. lf that was my error, I will take that. lf you go
with the direction you just stated, you are putting 530,000 total back into the proposed fiscal impact.
Vice Mayor Rich commented as follows: That was not my understanding of the original dlscussion but l'm in
complete support of increasing the line item in the proposed fiscal impact. lt currently set strategist, marketing,
education outreach for St0,000. I think it should say 530,000 given that we have spent S10,000 on polling. I cant
imagine how we can do outreach and education for less than $20,000.
City staff commented as follows: For clarification, you are asking for S115,000?
Vice Mayor Rich and Mayor Hinton commented that is correct.
The Council discussed the proposed budget allocations.
City Manager/Attorney Mclaughlin commented as follows: I don't want to provide any further confusion, but I
have seen a number of email comments about the wording in the ballot question, specifically the phrase,
community services. What is community services? We were trying to anticipate where the-Council may go
tonight, and we did try to explore other potential language. What we did is we took out our community benefit
program documents and policies. We took out the city budget and went through looking for wording that we
would be able to point to in the future. Frankly, we did not find a lot of references to community services, but we
did come up with something along the lines of city funded community programs. That is a phrase that we find
repeated a few times in the budget and community documents. I would word it something along the lines should
the measure ordinance so and so to maintain cityfunded community service programs such as and then put in
the list. So that is the proposed alternate language should the Council electto more or less go with the ballot
question as written, but if there is any concern about the alleged vagueness of the phrase community services,
we propose changing it to community service programs, city funded community service programs. We find that in
the city record. Again, to reiterate, we brought this up to the attorney this afternoon. The long ballot question
shorter ballot question any legal issues with regard to that and what is his experience. His experience is to ignore
whether it reads wellfrom a college English perspective and put as many specific soon as you can get in there
under the wording limitation. I believe that is 75 words. lt may not read well from an English perspective, but it is
what the voters look towards as they are deciding whether to support a measure in his experience.
Vice Mayor Rich commented as follows: ln this alternate wording that you are walking us through, you are
starting out with city funded community service programs such as, and I understand how many of the items that
are being considered would then flow from that. What happens with fire though?
City Manager/Attorney Mclaughlin commented as follows: We intended fire to be separate. That is the intent of
the language that is in the staff report. All of those community service examples et cetera proceed to enhance
and provide continued support for fire services. That was intended to be a separately stated subject of the special
task. lf you are taking my phrase which would probably be along the lines to maintain Sebastopol's city funded
community service programs such as list, and to enhance and provide continued support for fire services.
Mayor Hinton opened for public comment.
Michael commented as follows: ln 2016 I was elected to Council. We all go to the new Mayors and
Councilmembers seminar. One of them was on finances for the city. They said, as soon as you mentioned the
word reserve that is the time that you need to start tightening up the budget, That happen ed in 2017 . Brought it
to everybody's attention. We just mentioned the word reserve and we need to start tightening the budget. That's
Page11of22
what they told us. Did we? No. We got a third dump truck. We have two perfectly good dump trucks and we got a
third one. Do we ever use the third one? No. Study after study and consultant after consultant. All of these
studies are piling up dust. Endless spending on homeless services. Unbelievable. So now here we are in 2023 and
we want the businesses to collect and charge the sales tax's to save the city. Nothing in a tax measure. There is no
benefit outlined in the proposed tax measure to improve shopping districts and increase sales tax revenue for the
business community. I think that is really important considering how much the percentage of the budget comes
from the businesses. For that reason I would oppose this and I think it is unbelievable we spent S10,000 on polling
that reached 100 some people. That was just unbelievable. I would oppose it; there are others that I would
oppose. When idea is a S0.1-0 coffee cup property tax. I did not get a majority when I proposed it.
Kyle commented as follows: To recap the budget, During the budgeting process a small group, two City
Councilmembers, City Manager/Attorney, Assistant City Manager, and the financial directorfirst discussed the
idea of a ballot initiative. We did not see any City Council meeting discussion. We first learned of this budget
proposal when Council funded the 5100,000 for the exploration of a budget proposal that was explicitly stated in
the meeting to discuss what its purpose is for. Then the Council finalized the budget and saw a 32% increase in
the City Manager budget. A97% increase in the Attorney budget and a 50% increase to the Finance budget. These
increases alone come to 5400,000. Meanwhile, all the other departments saw cuts. Cuts to services and
departments but not those three. The three that just so happened to be on the budget subcommittee. Following
this, outside of the budgetsubcommittee process, Councilapproved an 11th hour hiringof a police position and
fire position. Whatever those cost. Finally, after the budget is approved for exploration of a ballot initiative that
we do not know about, we hear that this ballot initiative is going to get put forward to members of the public.
They were pitching this to sell under the guise of, let's market it under public safety. Then we realized it is
probably not going to be so successful. This very biased telephone polling showed us that was not going to be the
case. lt has not been discussed is that the most consensus on that was to eliminate a police position as to
reducing the budget.
Craig commented as follows: Sebastopol resident and former Councilmember. I served from 2000 through 2008.
We always struggled us a small city to make ends meet. lt's tough. We have a full-time police department and a
volunteer fire department and roads. Of course you have to raise funds. You are stuck in a hard place here. What
will you do? Put it on the ballot down the line? We need the money now. What is ironic is if this was a regular
election year it would be 50% plus one and he would not have to talk about this or that. You have to say what you
are going to spend it on because it needs to be a two thirds majority specific tax. All you are saying is, we will keep
funding these things we are doing the parks, nonprofits, fire department. That makes sense. You go to a voter and
say we will keep funding this but we need your support. They will understand that means that the general fund is
also there for other funds to continue to funding for nonprofits and roads. lt's not going to be all of the money we
need. lt will be some of the money we need. We do need to raise the money pronto. I support this going on the
ballot. I think it is the right time, but I would not worry too much about the specificity, because you can say what
is important to the voter but you are really just saying we are going to go out there and fund this thing. I have 36
seconds. I think a lot of people will step up and support this. I think there are other things we need to do like the
paper copy cup idea. There are a lot of ideas to raise money. We need to attract more business we need to look
at cost-saving measures where we can but this is the fastest path to putting money back into the city fund and we
need that. Thank you for your attention to the matter.
Robb commented as follows: I had a similar question as to the last gentleman. lf the city calls a special election,
can it not still do a ballot proposal that is a general tax subject to the 50% plus one threshold versus a special tax
that would be required two thirds voter approval and limited only to the items enumerated in the ballot question
Page12of22
Oliver commented as follows: For me it is a watershed moment. I think what Michael said earlier, any time the
word reserves is mentioned at any point you basically have to be thinking very seriously about tightening about
and looking at what you have been doing in the past. My feeling is risk and reward. We are talking about
potentially getting 5750,000 in this, in theory. Then you are spending 5110,000 or 5tt5,000 to try to get it over
the line. Risk and reward. lf you failyou have lost a lot of money and credibility and rushed something through
really fast. The budget was passed successfully for this fiscalyear. lt is there already and there is no huge hurry. I
get that funding is needed but I think this is a really good time to think very clearly about future business strategy
for the city and to generate sales tax, take a fresh look at that whether it is S0.10 coffee cups or whatever it really
does not matter but we are doing a terrible job bringing money into the city. We will be in a difficult economy for
the next couple of years so my recommendation would be to move this to next June when we have a new City
Manager and a new fire chief and things have settled down a little bit and we are more clear on where we are in
terms of the economy and so on. This could fail and that would look very bad for everybody and we would be
playing catch-up. That is my feeling.
Mayor Hinton responded to public comment as follows: For the member of the public that is still questioning
general tax versus the 50% plus one, it cannot be offered for this special election cycle.
City Manager/Attorney McLaughlin commented as follows: That is correct. The November 7,2023 election is not
a regular general election. lt is a special, standalone election. By law the only tax that can be presented to the
voters in this special election would be a special tax.
Citv Council Discussion and / or Deliberations:
MayorHintoncommentedasfollows: AslreviewedandpulledupatthelastCouncil meetingforpeoplethat
were notthere, we did run a measure Qcampaign. ltonly needed 50% plus one of a half cent. lt passed by
68.1,6%. That had no expiration. lfeel pretty positive and I have used the opportunity to speakto a number of
people including business owners. Once said that the city does need funds and the business owners I spoke to
would much prefer this kind of tax over property tax which is spread across a small group of property owners
versus a quarter cent tax that would come from not just our own local citizens but also the people that use the
city services and come to town to shop, I am interested in a little shorter ballot language and I am interested in
leading with fire. I feel like the polling results showed us that fire is the strongest things that our citizens believe
we need to maintain. We just added an extra position there. I feel like, Larry, you brought up that language. I
think we need to lead with maintain and provide continued fire services in Sebastopol and other community
services. Where is everybody else?
Vice Mayor Rich commented as follows: Similar to responses I have heard, the future revenue strategy is
essential. A commitment was made to come back to that. I know that I have not abandoned that plan. We do
need that but we are facing a huge deficit right now. I do not personally see a successful avenue to any sort of
sales tax measure in 2024 given the fire tax, given the kids our future and possible library and the business
roundtable attack on local and statewide provisions trying to enforce a two thirds majority making it retroactive
to. There is just way too many challenges in 2024 from my perspective. We need to deal with it now. ln 2025 we
are again in an off year and 2026 is too late. The shopping district is very important. I see complete alignment
between this sales tax and the need to support local businesses. How does the sales tax get maximized. Business
transactions within the town being maximized. This is a go local, shop local opportunity. We are running hand-in-
hand with businesses from my perspective. I did have that discussion with Myriah from the Chamber, lt is an
interesting opportunity. Homeless services. My understanding is that we pay for the homeless outreach
coordinator which is $80,000. The RV villages that is county funding obtained by the state. The Elderberry
Commons is not city funds. There is 580,000 toward the homeless outreach coordinator and l'm sure there is
some police time committed to homeless services, but it is 580,000 for the homeless outreach coordinator and
Page13of22
this year 540,000 is from a grant facilitated by community services. I would like to correct that misinformation.
Not that the amount of money is insignificant but it is not hundreds of thousands of dollars. We are now here in
2023 and we have a city that needs our services and attention. The parts that I am concerned about because I do
not see dollar amounts associated with them, is the library. I do not see where we have spent money on library.
Therefore, to maintain library I do not see requires funding. I have asked the staff and have not gotten a
response. I have notgotten a response but in a dollar amountto that line item. Mental and behavioral programs, I
see a lot of concern about it just being too vague. What does it mean? I have a concern about that language. I
also have a concern about the use of enhanced. I do not think we want the word enhanced used at all. This
particular language I feel would be misleading. Those are my general comments.
Councilmember Zollman commented as follows: To address the library issue, again that was the reason why I
sent out the email to Larry to make sure that it is responsible for the building and the mandate. HVAC I know that.
I was on the library commission and we had to pay a huge amount to the downtown branch for the HVAC. I know
that to be true. Whether the numbers are there or not, as Larry explained we do not do this every year. lt is when
costs arise for the maintenance of the building. For that we would have no library at all because library people
that are on the call can certainly jump in and correct me if l'm wrong, under the JPA they are just responsible for
personnel. That is my answer. Hopefully that helps clear things up. As I stated before, I think we have done the
best we can given the timing, given the vote for those on the Council that raised to 51.6 to 52 million in the deficit
for this coming year. This is the best strategy to move it forward in order to get the money now and make sure we
do the work to have it pass so we can get the money so we do not have to rely. I am wishing everybody well. Fire,
everybody. ln reference to the Mayor's suggestion of flipping it and taking the Vice Mayor suggestion. I am fine
with flipping it. lf they think the public will respond better and we can tie it back to how the polling worked out, I
am fine with flipping it to maintaining fire services and community services such as yada yada yada. That is fine
with me. For those that have been missed the last couple of meetings or may not have caught it on the tape, I do
support fire and want it to succeed whether we stay local or end up doing the merger thing, I want that to
succeed. I also want the basic services that our citizens have been expecting. I want that to be maintained for our
citizens. I think that this is adequate representation of those services so I am planning on supporting this.
Councilmember Maurer commented as follows: Earlier, Mayor Hinton stated we had to borrow more money
because we had hired, in the budget process we hired a police chief and police officer and a fire engineer. ln may,
the budget that was presented was 52.6 million deficit. The budget committee worked on it and they brought it
back and it was $1.9 million deficit. The Council got together and we talked about it and hired two positions and it
was St.6Z deficit. lt is still in deficit but it was not more. Did not have to borrow more unless I am
misunderstanding something with the way the money was coming out of a certain fund or not but I just wanted
to start their.
Mayor Hinton commend as follows: I may have mis-spoke with the word borrow more. However, when we did
that we negotiated and gave up other services and added the fire and police. While you are correct, we did lose
other things to get to that amount. I just want to clarify.
Councilmember Maurer commented as follows: if my memory serves me right, I did not cut anything to create
those positions. Anyway, I am looking at these services. The parks cost in this year's budget was about 5100,000
plus we had a lot of grants to cover the cost of the parks. The senior center received about 570,000. I was not
able to get the library information. The mental health and behavioral services, I will guess for the community
service person was about 580,000 roughly. The pool and Community Center combined gave them about
5600,000. The fire department got roughly St.S million. I calculate that to be about 52,350,000 that these
services are currently budgeted for. We are talking about maintaining these services, $2,350,000 with a 5750,000
ballot initiative. So that is kind of fuzzy math to me, I have said this at the last two meeting so I don't want to keep
Page'14 of 22
going on about it, but I did look up the definition of the special election. lt is an election schedule otherthan the
usual date for a special purpose. A special tax is a tax levied to fund a particular government project or program.
These programs are existing. They are not special. I can imagine a special tax would be for something like, let's
daylight the creek. We will raise money for that specific purpose. That special-purpose. To me this is just another
way to get money for the generalfund. I have said that before but based on what Vice Mayor Rich said there are a
lot of factors that we are facing. We are facing other tax measures that are coming on the ballot. The childcare
tax, the fire tax, and then there is the business roundtable ballot measure. This all creates this difficult situation
where, basically, it is a gamble. lt is a risk whetheryou do it now. You are gambling 5115,000. lmagine, S115,000.
That's a heck of a lot of money to gamble. lf you win, then you get S750,000. That is pretty good. But if you lose,
you have just lost S1"15,000. So what is the risk of waiting? What if we waited? lf you waited, possibly the county
fire tax measure might pass. lt might not pass. lf it does we get St.Z million more than we are trying to get here.
We also get 55 million to remodel the firehouse. ls that worth waiting for? lt sounds pretty good to me. Save
S115,000 and potentially get S1.2 million plus 55 million for the firehouse or say it doesn't pass and you wait until
lune, Put another tax measure on the ballot in June. lt would probably cost the same as if you did it in November..
I think it is really gambling. I think we are gambling so we can wait or spend $115,000 on a chance that maybe the
public will support the idea of the tax which is pretty fuzzy if you are already spending $2.: million on these
programs and you are raising 5750,000 to maintain them. lt does not quite add up as a special project. That is not
a special project in my mind. That is the place where I think I would have the most problem with this. lt does not
feel like a special project. I would be in favor of waiting.
Councilmember McLewis commented as follows: I have taken a lot of notes and I want to be clear on my
thoughts with all of this. I think that there are many ways to approach the problem. I feel like this is rushed and
rushing is not something that I do when I am trying to make a tough decision. I think being purposeful and
strategic is just how I function. lt is my opinion that unless you are putting out a fire or saving a life rushed
decision is not usually a good decision. I would say that what Councilmember Maurer just said, I believe there is
no harm in waiting for even a June election. Knowledge is power and lfeel like by waiting we will have that. We
have a lot of variables coming up. We have been waiting to figure it out whether or not the county fire tax will
pass. The City Manager position is open and we will have that filled hopefully by end of year. The fire ad hoc
committee as part of that committee. l'm hoping we can have recommendations out there. I have thought about
it all day, what is the plan if the fire tax does not pass and we bring this forth and spend $150,000 -- S11-5,000 as
we have figured out. What happens if this does not pass and we are still responsible for the cost of the fire
department? I realize if we are using the word gambling or whatever, nothing is guaranteed but ljust do not see
that we will have enough money. I am just concerned that we will not have the funds that we need if the county
fails and we fail, we have lost the confidence of the voters and then where will he be. How will we figure out
regardless of what happens with the fire department we are responsible for the building and we know all of that.
It is my opinion that, as a new City Councilmember the city is in this current situation due to poor decision-making
over the last decade. I have watched time and time again where we have made decisions to have consultants and
all these different things come about and spent a ton of money. We are in this position because of poor decision-
making and I think we need to be measured and strategic. When I ran for office, I promised that I would be
different and I would be strategic about any decisions that we make, I think the voters need to see a different
approach. After all, the status quo has not been working and the budget reflects that. Making rash decisions and
putting this tax on the shoulders of the voters without all the information that we need, the ad hoc committee
and county tax, there are so many variables that could impact the amount of money that we need in the near
future. I think we obviously have a different opinion how and when the money comes in. I think we should be
spending our time working together to come up with a strategic and economic plan that is more than just a band-
aid. I think about, are we putting a little band-aid on the leaking dam ready to flood us? I just think furthermore
we should be concentrating on funding items and services that are the city responsibility. That is why I asked the
question about why we have these different items listed in there that we want to fund. We already funded them
Page15of22
in the budget. I understand we took from the reserve and I do not understand the library and mental health
services. The county has funding through measure Y. I think we should be looking for if we want to have those
types of things funded we should be looking at the county to help as well since we served west county we know
the current supervisor even uses it frequently I am certain she could be sympathetic to the fact that we need to
fund whether or not it will be closed. That just came up today. I just do not understand why community
organizations are included in this question. We saw some emails today and I received some calls asking why isn't
the Community Center listed in there. I represented the Community Center for five years as a board member.
While I understand these discussions today and it makes sense to allof us. The public sees these things and they
just wonder. lt is a valid question why some and not others. I think that we need to be looking inward and funding
public safety infrastructure like water, sewer, staffing before all else as that is the core responsibility of the city
and it is our job as elected officials. I think all of the items I have mentioned could be part of the strategic plan.
We owe it to the voters to be measured and diligent and that is why I feel like at this time it is more prudent to
wait, I absolutely understand we need funding, I understand budgeting. I do budgeting. I understand allof that
but I do not see the harm in waiting until we have so many other variables figured out and those answers before
we actually take this to the voters and spend 5115,000 on something where if we wait and figure out and learn
whether or not the county has, whether or not the measure passes with the county we will have a better idea
what kind of funding we need and we can bring that to the voters and tell the story and explain it. We could in
that time while we are being strategic and looking at these different items, we can figure out what does the
library need? What does the pool need? We can have these discussions and we need to have some sort of retreat
where we come together. I do this with the organization I work with. We don't always agree but we need to
understand what we feel is important for the city. Mayor and Vice Mayor, I appreciate you giving me this time. lt's
not that I don't support you. I just think that right now is not the time.
Mayor Hinton commented as follows: I can appreciate that but l'm going to go ahead. We know that this would
take a 4/5 vote so I want to give you a few more reasons to consider before we make a final decision. One, I have
some notes in here that we can bring things in and we are responsible for city-owned holdings. Brought up a lot
about city-owned buildings. We are talking about raising funds and can discuss adding in Community Center, the
pool, city-owned buildings et cetera. I hear what you are saying about pet projects. I have heard a lot tonight
about that and also from the public. I cannot change the past. We are here now to make decisions. Our city needs
money now. I did not vote all the time on pet projects, but it is not about one person. lt is about the Council that
the voters have elected did. I will disagree with you about being strategic. I have been working on this for months.
We are being strategic is what we are trying to bring to the voters now. I am sorry we need money. I think there is
an argument to say if we come back in June after a failed measure, we will not be successful. We need money
now. lt's not just about fire. lt's for the entire town and community services. lt pains me that we could not fund
apple blossom. That we could not fund becoming independent. That we could not fund the things that matter to
the community. These are our values and we have to have a solution. I have to argue that I feel like we have been
very strategic and trying to come up with this. Do I love spending $t15,000? I was sticker shocked. We spent that
and more through the budget on economic development. You can argue, and people have, what do we get from
that. But we spent it to support the community. Previous Councils voted on it so it happened. The sticker shock of
St1S,OOO. We saw polling and we saw previous measures that the community.is very generous and will support it.
Many people just need to know how we will spend the money. I pledge that I will work on the campaign, Anybody
knows that I walk the town. I do not feel like it is a gamble. I feel like it can pass. I have to respond to the last two
because we know it is not going to move forward unless we have at least four members supporting. I think it is
fair to let the other people that are in support get to state an opinion before we get further along. I do not know if
we can change anybody's mind tonight. I think everybody gets to have a say and then we really need to deliver it
fully up here before we make the final decision.
Page16of22
Councilmember Zollman commented as follows: lt is responsible and I don't see it as a gamble. Some of us were
actually here during the last discussion on Council, and Vice Mayor Rich said I don't do anything unless I have the
numbers. That is why we did the polling. I have read all the emails that it is crap. lt is the whole purpose of
polling. lf you are going to trash the results, trash the person we contracted with and their entities. We are not
gambling. We are basing it on the numbers. I think it is only responsible given where we are with climate change
and increased risk of fire that we definitely do our best now to get the money for fire and the rest for community
services, it depends on how you define a city. For me it is not just about how much money you put in to police. lt
is about the fabric that supports society which is all of our community services. It was crushing to see them not
funded and I would like to see that money go out, That is the most that I can say. I do not think this is an
irresponsible decision. I think we have the data to support it and I ask our general manager who has been here 33
years about what he thinks the community will support and won't support countless times during the budget
hearing. He is the one that set the community is most generous in giving as long as they know what it is for. lthink
this language actually demonstrates specifically what it is for told us accountable should we not have done what it
is that we are planning on doing and I am sure the audit will correct us and we deserve whatever the audit says.
Vice Mayor Rich commented as follows: lt is so interesting to me to hear your comments because the comments
you are making it's like a script for what I was saying about that evening for the budget discussion where the two
positions got funded. For me, I was talking about we need to not make rash decisions. We need to be measured
and strategic. We need to have time to assess which positions should be filled, We need to have a long-term plan.
I wanted time for us as a City Council to try to figure out the best approach for tackling this situation that we
found ourselves in. The majority decided to fund these positions. I sit here and ask myself, how do I respond to
what I am hearing which makes complete sense. The strategic plan measured and considered. Those things
resonate with me. We are where we are so I look at the paths. The only thing I can say to you is I have had this
conversation with so many people recently. All sorts of people in the community and the question that comes up
is what are the options? We are here with the budget deficit and we can either move forward now at great
expense and do our darndest I have a lot of faith in this City Council and staff about getting the community
educated. We can either go for now. Go for the quarter % sales tax or we wait. I understand the argument for
waiting but I do not see waiting as creating any more likelihood that we will prevail in 2024 or 2025. I see it
strategically being a mistake. lt hurts me to the core because I know our city needs the funding and that the
5750,000 no matter what happens with the fire tax, that 5750,000 will not meet all the needs but it will help. lt is
really going to help. lt feels like a missed opportunity. I was on the budget committee, We did not have a plan
about pursuing a sales tax. I have to counter that implication that we heard during public comment. ln fact,
Councilmember Zollman and I were against the two positions that got funded. That was a shock to us. We did not
have some sort of plan to bring forward a sales tax measure. We had a plan to do the measured strategic banning
concept over a number of months on the forward agendas that have now been pulled. We have to be flexible and
strategic. I trust Councilmember Mclewis. Trust your instincts and I hear you. I hear Councilmember Maurer also
about her concerns. We are where we are. lt's not like it's going to be. lt's going to be a problem forfire and pull
and the people that we come up to have approximately 5750,000 to help what is a way bigger deficit in the
budget. And on the change in the budget, I think it has to do with the 5300,000 for the fire truck being shifted to a
vehicle expense fund and then it probably would have been substantially higher. Anyway, we are where we are
and that is my answer. I think we need to take the risk and try to get this done for the town and at least get that
5650,000 this year and to our darndest to educate the look so they can vote. Thank you for giving me a chance to
share my thoughts.
Councilmember McLewis commented as follows: I wanted to say this is exactly why I have the concern about
passing this tax right now. We have all of these infrastructure issues. We have all of these different costs at the
same time I feel pain that we cannot fund an event or a nonprofit and I think about the core infrastructure that
we cannotfund. We cannotfixthe roads. There are so manythings. That isthe concern that I have is if we pass
Page 17 of22
that right now and we do not know what the critical services need funding. I am concerned because we are
talking about specifics for where the money is going to go. ln the past we have had so many pet projects. We
need lves to be ADA compliant. We have been talking about that for years. I just think that the concern that I
have, I have expressed these concerns about managing the infrastructure and all of the big-ticket items that we
have that we need to fund but at the same time we are talking about nonprofits and events. I just think that we
need to have a strategy for big-ticket items and we do not want to overtax the public without being very specific
about what we are doing. When I look at this I do not see it happening. That is what I mean when ltalk strategy. I
think that we all need to be on the same page. I just don't feel Iike I am on the same page right now and l'm sorry
for that. I am sorry. I'm just not on the same page.
Mayor Hinton commented as follows: You do not have to apologize for not being on the same page. I will just say
that I would love to fund the lves ADA sidewalks were people have actually fallen. I would Iove to fund the ADA
pool. We would have those discussions if the tax measure passed about how we would spend the money and
where the priorities are. The full Council would decide that after the tax measure passes. That is why we have the
laundry list of all the options . We talked about a 10 year sunset. We can move the money around. lt is true that
the fire tax, if it passes we will get money for the fire department. That will be a windfall and I will publicly be
voting for that tax. We have other needs and as Mayor of the city of my jurisdiction, this jurisdiction is where my
first concern is. The fire, while we have been promised an allocation it is a countywide tax and we only have a
small percentage of voters. Of the rest of the county does not vote for it even if Sebastopol does, there you go. lt
sounds like this is going down tonight but I am not going to lose hope until I actually take the vote.
City Manager/Attorney Mclaughlin commented as follows: lt occurred to me in terms about the risk that this
money could be allocated in a variety of ways amongst the areas identified and the language does not say
percentage in particular categories. lf it is a general fund amount. lf it's a general election it is money that goes to
the general fund. Now the opportunity in terms of distributing it by any particular City Council is even broader.
There is to the extent that that is a concern of anybody on the City Council, at least you're limiting it to the
categories that have been agreed upon for the wording on the ballot measure. Just another piece of information
to consider.
Mayor Hinton moved and Zollman seconded the motion to approve a Resolution Calling an Election to ask the
Voters of the City of Sebastopol to Approve A Transactions and Use Tax.
Mayor Hinton called for a roll call vote.
Ayes: Councilmember Zollman, Vice Mayor Rich and Mayor Hinton
Noes: Councilmembers Maurer and Mclewis
Absent: None
Abstain None
The motion failed as the motion required a 4/5ths approval
City CouncilAction: None. The Motion failed.
Minute Order Number: 2023-L88
Addition of Urgency ltem/Proclamation in Celebration of the 30th anniversary of Sebastopol and Chyhyryn's Sister
City Relationship.
Page 18 of 22
Councilmember Zollman commented as follows: I will have to ask the city attorney and general manager what
happens if one of us says no in a proclamation? lwant it recorded.
City Manager/Attorney McLaughlin commented as follows: We do not normally vote on proclamations but if you
wish to callfor a vote on this particular proclamation I guess, like any other point of order in the middle of a
meeting the point of order would be that you wish the proclamation to be subject to a vote,
Councilmember Zollman commented as follows: As a point of order I wish this current proclamation to be a vote.
Mayor Hinton opened for public comment.
Patriciacommentedasfollows: lamontheboardofSebastopolWorldFriends, lamthechairofthecommittee. I
really appreciate you taking this up at the very last minute, especially after such a tough meeting that you just
had. The reason we have asked atthe last minuteforyou to considerthis proclamation isthatwe have been
approached by neighbors and Sebastopol who are going to Ukraine on August 31- and have offered to take the
box of well wishes, we are calling it, to Chyhyryn personally. We really think it would mean so much to them to
receive this personally from a Sebastopol resident instead of through the mail. I think if you want to make some
changes to this resolution we are fine with that. I think it would be more appropriate to make those changes than
to have a dissent on the Council.
Kyle commented as follows: I really want to thank Councilmember Zollman for checking the language on this and
catching this, I don't want to call it warmongering, but it essentially making statements about a conflict that is
ongoing that could be considered controversial. ln reality it is a proclamation celebrating 30 years of our
relationship with our sister city. To speak a little bit to the topic here, the United States has committed more than
SOO billion in aid to Ukraine since the beginning of the invasion. That includes more than S43 billion in military aid
That is more than the U.S. distributes in aid to any other country. The day after the invasion 5350 million was
approved in military aid. Six months and, $3 billion more is pledged by the pentagon and military aid. After one
year, $31.8 billion the Biden administration has announced an additional S2 billion in security assistance. Let's be
very clear about separating what we see as celebration of a 30 year relationship with a sister city and engaging in
international were discussions when the very language we are including in here helps to contribute to
policymakers and decision-makers to continue to spend billions and billions of dollars on war machines that do
nothing other than kill human life.
Michael commented as follows: I would like to support Councilmember Zollman. Abraham Lincoln said, I do not
like that, man. I must get to know him better. I would suggest there is an excellent series of interviews with Oliver
Stone and Vladimir Putin. lt is well worth the watch. lt would really give you a different perspective of what is
happening with Ukraine.
lune commented as follows: I just wanted to thank Councilmember Zollman for raising this item. I was looking in
the agenda packet frantically to try to read the language and I could not come up with it. I guess because it was
last minute. ln hearing it read there were a number of parts I was trying to catch that I was not sure about that
part. I really feel like we do have a 30 year relationship to celebrate and I do not think it is appropriate to hijack
that for some sort of political agenda that puts in a few lines here and there that are really divisive as far as how
the community may view what is happening internationally and there is a lot of context and nuance and history. I
would not like the sister city relationship that have a basin piece and promoting peace to be hijacked with slogans
around international perspective that may not represent the whole community. Some pieces that were thrown
and there around the current conflicts, lt does note that the exchange was positivein201,4 so there's a lot of
complex history there. I would ask that we hold off on any proclamation until the language could be further
Page 19 of 22
vetted and I think it is too complex to try to do tonight when the community has not had a chance to see the
document and weigh in with suggestions.
Discussion:
Mayor Hinton commented as follows: I am a little frustrated, frankly. lwould be willing based on our
representative from World Friends to make some compromise on paragraph three although personally I was
shocked when Ukraine was overrun and many of us in this town put Ukrainian flags in our homes and businesses,
but I am willingto compromise on my position. As Council I have not alwaysvoted with the majority and
proclamations . I can think of one recently this year that I voted against so I understand if somebody does not
want to support it, but I would be willing to compromise on paragraph three. I would not be willing to
compromise on paragraph four. I am excited to hopefully see Ukraine reconstruct and I am eager to start youth
and adultexchanges. Having done and exchange myself to believe it isthe bestwayto promote peace and learn
about other cultures.
Councilmember Zollman provided his requests for changes to the wording
Vice Mayor Rich commented as follows: I am struggling with what the concern is but would it be acceptable on
paragraph four where you are suggesting we delete the City of Sebastopol, to instead have it read, to instead
delete following Ukraine's assured victory? I think that maybe one of your concerns or would say whereas the city
of Sebastopol and Sebastopolworld friends stand ready to assist Ukraine in reconstruction and are eager and
ready to assume exchanges.
Councilmember Zollman commented as follows: That was not the issue, lf the rest of the Councrl wants to
include citizens of Sebastopol that could be an option.
Vice Mayor Rich commented as follows: The concern is you do not want your concern about a statement that the
city is specifically wanting to assist. ls that your hesitation.
Councilmember Zollman commented as follows: That is correct. With reconstruction and eager to resume
exchanges. That does not speak for me.
Councilmember Mclewis commented as follows: I'm struggling to understand any of this but I can certainly
compromise with paragraph three but paragraph four with striking youth and adult exchanges, I myself was an
exchange student. I went to west Germany and when I came home the wall came down and everything else while
I was there. I think as Mayor Hinton said, exchange and understanding other cultures is so important for everyone
in this world. There is no other way to actually understand. I am struggling with why we would need to strike that.
Mayor Hinton commented as follows: I would prefer not to strike it because our relationship is with the city
Councilmember Mclewis commented as follows: We are not saying every citizen in the city. We are just saying
the city. That is our relationship. We have had a 30 year relationship.
Mayor Hinton commented as follows: I am willing to compromise on paragraph three. I would prefer to keep city
of Sebastopol in.
Vice Mayor Rich commented as follows: I have one alternate that would read whereas following Ukraine's
assured victory the City of Sebastopol and Sebastopol world friends are eager to resume youth and adult
excha nges.
Page 2O of 22
Whereas,followingUkraine'sassuredvictory,theCityofSebastopolandSebastopolWorldFriendsafeeager@
to resume youth and adult exchanges, and;
Councilmember Zollman was in concurrence
Councilmember McLewis commented as follows: I would be agreeable to that if it gets 1-00% support. The one
question I have is just because they are sister city, how does that make us look that we are not willing to assist? I
feel Iike we have a relationship with them and I don't want to get into a lot of contention here but it puzzles me
that we declare that we have this relationship, it's on our signs and everything else but in a proclamation we are
not willing to assist. lt is just a comment.
Mayor Hinton commented as follows: We do not agree necessarily in every word. I do not want to wordsmith
every block the nation. lt was brought to us by the world friends organization and the board. Again, I do not want
to sit here and wordsmith it for them. I am happy to support them and I am agreeable to the changes
recommended in paragraph three.
The Council then discussed paragraph 4 as proposed
Whereas, youth exchanges were suspended in2014 due to the armed conflict in Eastern Ukraine, and remain so untilthe present
day
Councilmember Maurer asked if the amendments works for SWF
SWF stated yes.
Councilmember Mclewis commented as follows: I think we are setting a precedent and now we will be debating
these allthe time. I do notwantto debate proclamations as a rule of thumb. Unwillingto compromise on this but
I will not do it again. I don't appreciate the chastising but I also don't appreciate emergency situations.
Mayor Hinton commented as follows: We made it happen because we took half the month off in our Council
meeting.
MOTION:
Vice Mayor Rich moved and Councilmember Zollman seconded the motion to approve the Proclamation with the
following amendments:
Whereas, youth exchanges were suspended in2014 due to the armed conflict in Eastern Ukraine, and remain so until the present
day
Whereas,followingUkraine'sassuredvictory,theCityofSebastopolandSebastopolWorldFriendsareeager@
to resume youth and adult exchanges, and;
Mayor Hinton called for a roll call vote. City staff conducted a roll call vote.
VOTE:
Ayes: Councilmembers Maurer, Mclewis, Zollman, Vice Mayor Rich and Mayor Hinton
Noes: None
Absent: None
Abstain: None
City Council Action: Approved proclamation as amended.
Page 21 of 22
Minute Order Number: 2023-1.89
ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: rhree minutes per speaker for up to twenty (20)
minutestotal forpubliccommentsbutcanbereducedatMayor'sdiscretiondependinguponthenumberof speakersor Mayorhas
discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number
of speakers. There was none.
CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS: NONE
CLOSED SESSION: NONE
ADJOURNMENT OF CITY COUNCIL MEETING
August 8,2023 Special Meeting will be adjourned to the Regular City Council Meeting of September 5,2023 al
6:00 pm (ln Person and Remote/Zoom Virtual Meeting Format)
Please Note: City Council Regular Meeting of August 1.5,2023 has been cancelled.
Mayor Hinton adjourned the City Council Special Meeting of August 8,2023 at 8:31 pm to the Regular City Council
Meeting of September 5,2023 at 6:00 pm. (ln Person and Remote /Zoom Virtual Meeting Format)
Clerk, MMC
Page 22 of 22
Agenda
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
SPECIAL MEETING
Meeting of Tuesday – August 8, 2023
SPECIAL 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 Mee�ng - August 8, 2023
Time: Aug 8, 2023 06:00 PM Pacific Time (US and Canada)
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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 Special Meeting, In Person – Sebastopol Youth Annex, 425 Morris Street, Sebastopol,
CA/Virtual Format (Zoom) See Link Below
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Mee�ng ID: 851 9285 6571
Passcode: 772409
CALL TO ORDER
ROLL CALL
SALUTE TO THE FLAG
PROCLAMATIONS/PRESENTATIONS: NONE
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:
1. Approval of City Manager Recruitment Brochure. This item is to approve the brochure to be distributed
for the Executive Firm Recruitment for a City Manager for the City of Sebastopol (Responsible
Department: City Management/Human Resources)
INFORMATIONAL ITEMS/PRESENTATIONS: NONE
PUBLIC HEARING(s): NONE
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION)
2. Discussion and Consideration of Resolution Calling an Election to ask the Voters of the City of
Sebastopol to Approve A Transactions and Use Tax of 0.25%; (2) Approving the Ballot Question
and Form of the Ordinance to be Submitted to the Voters; (3) Requesting that the Sonoma
County Board of Supervisors Consolidate the Special Election with any other Said Election to be
Held on November 7, 2023; (4) Directing the County Elections Department to Conduct the
Election on the City’s Behalf; (5) Setting Deadlines for Submission of Arguments and Rebuttal
Arguments; and Providing for an Impartial analysis by the City Attorney; and (6) Approval of
Resolution for Budget Amendment of $5000 for education and outreach for Said Ballot Measure
(Responsible Department: City Attorney/Ad Hoc Committee for Ballot Measure)
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: NONE
CLOSED SESSION: NONE
ADJOURNMENT OF CITY COUNCIL MEETING
August 8, 2023 Special Meeting will be adjourned to the Regular City Council Meeting of September 5, 2023 at
6:00 pm (In Person and Remote/Zoom Virtual Meeting Format)
Please Note: City Council Regular Meeting of August 15, 2023 has been cancelled.
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.
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