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City Council

Regular Meeting

Sebastopol, CA · September 19, 2023

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Minutes

CITY COUNCIL MINUTES MINUTES FOR Regular City Council Meeting of SeBlember :!9, 2023 As Approved by the City Council at their regular meeting of October 3, 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. se ba sto po l. ca. u s/M eeti n g-Eve nt. a s px 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 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. 5:00 pm Citv Council Reeular Meeting Callto Order: Mayor Hinton called the Regular Meeting to Order at 6:05 p.m RollCall: Present: Mayor Neysa Hinton Vice Mayor Diana Gardner Rich Councilmember Sandra Maurer Councilmember lill Mclewis Councilmember Stephen Zollman Absent: None Staff: City Manager/City Attorney Larry Mclaughlin Assistant City Manager/City Clerk Mary Gourley City Engineer Mario Landeros/Toni Bertolero, GHD Planning Director Kari Svanstrom Police Chief Ron Nelson Public Works Superintendent Dante Del Prete STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS (Use of On Line Attendance/zoom/l: None SALUTE TO THE FIIG: Mayor Hinton led the salute to the flag. P ROCLAMATI ONS/PRESENTATIONS : The re we re n o ne. 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. Page 1 of 12 Page 1 of 12 There were no stated conflicts of interest by members of the City Council 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 held at the end of the discussionandactionitemsforuptoanadditional twenty(20) minutes. Mayorhasdiscretiontoallowforadditional timebeyondthe20 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. Paul commented as follows: My name is Paul Fritz, Planning Commissioner. I want to bring to everyone's attention in case you have not heard that the City was awarded the sustainable transportation grant and I have been advocating for this for a number of years and we found out a few weeks ago that the City was successful. I am here to offer my excitement about it and asked the Council to continue to offer your support as we embark on this two-year process to reimagine really, what the downtown could be and hopefully a much more pedestrian friendly, less car centric environment that will encourage more pedestrian activity and help businesses and just to be a better place all around. Again, I wanted to make sure everybody is aware of that. We will go through the public process and things will be going back to the Council so I hope you do offer your support. I am a little disappointed in the fact that I have been really advocating for this for a number of years and I am really invested in this and there are a group of other people that wrote letters and spoke at Council meetlngs. None of us were informed of this by the City staff at any level and I did find out about it from the transportation engineer who wrote the grant. That was announced at the Planning Commission meeting. lt is nice to know when we are successful with something like this. Linda commented as follows: Speaking of pedestrian safety and improving our community and downtown and so forth, the biggest thing the community does is to recognize the danger of electromagnetic fields that are man- made and radiofrequency microwaves, which is what cell phones and all the other smart wireless devices function on and they are killing us and absolutely killing us. There have been thousands of studies that have been done showing the harm and danger and the effects of cancer-causing effects of RF which is a mutation and has that effect and also of course the magnetic fields that come off of the power lines and anything that has electricity flowing through it and this promotes cellular growth as an cancer. The cancer rates are horrid and with this continued path you are on in the policies that the City is pursuing, we will end up with more ill health and it's not pedestrian safe at all. I want to also bring to your attention that France has already recently banned the amount of radiation it puts out. That is a huge and there is a global awakening to the harm and danger of this but you also ought to know if you haven't heard already that MGM and Caesars got hacked and the machines and people couldn't get into their rooms with their key cards but you are making us all more vulnerable. Please reverse course. City Manager/Attorney Mclaughlin commented as follows: I am sorry that M r. Fritz left but the lead headline in the weekly newsletter of September I2023 was the Caltrans grant news article. Mayor Hinton commented as follows: I will say that I was scanning my e-mails to see if I got a notified and I do know the community group backing the grant has been working on it for a long time and I know it is hard for a City to put messages out there to individuals. As Paul Fitz serves on the Planning Commission, I would think that a phone call or email may have been approached and that is just my personal opinion. So I will make that comment here publicly. DISCUSSION AND ACTION: (lnterview for One Opening on the Planning Commission) 1. lnterview for Planning Commission Appointment (Responsible Department: Planning/City Administration) Page 2 of 12 Page 2 of 12 One Applicant: Seth Hanley The Council conducted the interview with Seth Hanley and thanked Seth Hanley for applying and stated the appointment would be made later in the agenda. City Council Action: None taken. Minute Order Number: 2023-200 CONSENT C,ALENDAR: 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 ofthe City Council requests that the item be taken offthe consent calendar. The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent caiendar; 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. Mayor Hinton read the consent calendar. Mayor Hinton asked if any Councilmember wanted to remove a consent calendar item. Councilmember's Request(s): Councilmember Mclewis requested item number 3 be removed for a separate vote. Public Comment(s) for ltems on the Consent Calendar: Linda commented as follows: Discussed ltem number five and stated I am assuming that means power lines. This is a huge issue that PG&E was forced to address it and they came out with the ruling because back in the mid-90s there was a cry about causing leukemia in children from the magnetic fields again from the overhead light. There was such a commotion raised, this is the result of a study that was done finding a direct relationship between leukemia in children at the school and playgrounds where they were exposed through magnetic fields through the overhead lights and power lines. So I would like to have this item removed for further discussion. This was written up in the last general plan and there was more than a page on it under safety of chapter 7 requiring contractors and a lot of other people to address the'effect of the magnetic fields when they were doing construction. I would like to have this removed so it can be addressed more fully before you just slam-dunk it and rubberstamp it. A member of the Musser family commented as follows: I am talking about consent calendar item number three which is the mobile home rent control ordinance and I am a member of the Musser family and I want to make sure I understand that Sebastopol is about to pass the lowest cap in the county at 3% and as stated in your deliberations in closed sessions that 3% is the average in the last 20 years. We think that is too low a threshold and we believe it is the taking of private property without compensation and you are singling out the single private owner to bear the burden of this ordinance. We do believe it is incorrect to and we think you should reconsider based on the reasons we have expressed multiple times and thank you for your time. Mayor Hinton commented as follows: Just to address one of the members of the public that spoke about the discussion of agenda item numberfive, the undergrounding and realizing she is computerfree she asks for a little clarification and I wanted to add that this item is being recommended to not finish because of the exuberant cost of 5900,000 for a one block area that impacts seven properties in our City. So that is the long and short of the agenda item. lt can be found as all of our items can on the City website. Page 3 of 12 Page 3 of 12 Vice Mayor Rich commented as follows: Discussed item number 5. My primary question and this involves the undergrounding of the PG&E lines. Are we in this action relinquishing the credit valued at approximately 5734,876? ls there some way to delay that or retain that? Mario Landeros, City Engineer, commented as follows: That is an interesting question if there is any way to delay that relinquishment of the work credit. As we understand, the rulings by PG&E, they are set to do what they call the final reallocation, which is basic we removing all of the work credits from all of the inactive communities such as Sebastopol which I believe the date listed there is November 2024. Vice Mayor Rich commented basically, we would need to come up with the remaining cash that is needed, which sounds like more than 5500,000, we give up the credits? Mr. Landeros commented that is basically it. Vice Mayor Rich commented as follows: My second question is and I understand from the staff report that it appears there may be an expectation that the property owners in that section of street may be obligated to underground those lines. ls that correct? ls there any sort of a deadline when they have to complete that action? Mr. Landeros commented as follows: The expectation is that the property owners wishing to continue to receive the services would have to underground within their property to be able to receive services. Otherwise once all of the overhead utilities to their property, once that work is completed, they either have the underground facility already there to connect, or basically they lose that service. Vice Mayor Rich commented is there a deadline for the completion of that work? Mr. Landeros commented as follows: There would be a timeframe in which to do that. The exact timeframe is really tied into when the actual work would be scheduled, which, as we understand it just getting a district establishing getting a project on board to move forward could be anywhere in the neighborhood of 5 to seven years depending on that time. MOTION: Councilmember Zollman moved and Mayor Hinton seconded the motion to Consent Calendar ltems 2, 4 and 5 Item Number 3 was removed. 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 2. Extension of Proclamation Proclaiming the Existence of a Local Homeless Emergency. Government Code Section 8630, requires that the Council review the need for continuing the local emergency at least every 60 days until such local emergency is terminated. o First Proclaimed: November 30,2021" o First Extension was approved January 18,2022 Page 4 of 12 Page 4 of 12 o Second Extension was approved: March 15,2022 o Third Extension was approved: May 3,2022 o Fourth Extension was approved: June 2I,2022 o Fifth Extension was approved: August 2, 2022 o Sixth Extension was approved: September 20,2022 o Seventh Extension was approved: November 15,2022 o Eighth Extension: January 3,2023 City Council Meeting o Ninth Extension: February 27,2023 City Council Meeting o Tenth Extension: April 18,2023 Council Meeting o Eleventh Extension: June 6, 2023 o Twelfth Extension: August 1,,2023 o Thirteenth Extension: September 19,2023 o Proposed Extension Needed within 60 days or (November 7,2023) City Council Action: Approved Resolution of Extension of Proclamation Proclaiming the Existence of a Local Homeless Emergency. Government Code Section 8630, requires that the Council review the need for continuing the local emergency at least every 60 days until such local emergency is terminated. o First Proclaimed: November 30,2021 o First Extension was approved January 1"8,2022 o Second Extension was approved: March 15,2022 o Third Extension was approved: May 3,2022 o Fourth Extension was approved: June 21,2022 ' o Fifth Extension was approved: August 2,2022 o Sixth Extension was approved: September 20,2022 o Seventh Extension was approved: November !5,2022 o Eighth Extension: .lanuary 3,2023 City Council Meeting o Ninth Extension: February 27,2023 City Council Meeting o Tenth Extension: April 18, 2023 Council Meeting o Eleventh Extension: June 6,2023 o Twelfth Extension: August 1,,2023 o Thirteenth Extension: September 19,2023 o Proposed Extension Needed within 60 days or (November 7,2023) Minute Order Number: 2023-201, Resolution Number: 6553-2023 4. Expenditure Approval for the Purchase of one replacement Flatbed Dump Truck NTE $93,000 (Responsible Department: Public Works) City Council Action: Approved 4. Expenditure Approval for the Purchase of one replacement Flatbed Dump Truck NTE 593,000 Minute Order Number: 2023-203 5. Approval of Cancellation of CIP #0130-22.08 Undergrounding Overhead) Responsible Department: Engineering/GHD City Council Action: Approved Cancellation of CIP #0130-22.08 Undergrounding Overhead Minute Order Number: 2023-204 Item Number 3 Removed from Consent Calendar: 3. Approval of Second Reading and Adoption of Ordinance 1l-48, Amending the Mobile Home Rent Sta bilization Program ( Responsible Departme nt: City Ad ministration) Page 5 of 12 Page 5 of 12 Vice Mayor Rich commented as follows: There was a statement by the member of the public of one of the Musser family members regarding a statement regarding their claimed fair profit and can I make a response to that over that being appropriate? Mayor Hinton commented as follows: I will look to the City Manager. They also indicated something that I heard which was a closed session and that is we have never had a closed session. City Manager/Attorney Mclaughlin commented as follows: I would like to clarify on that and there have been no closed sessions with regard to this topic or agenda item. And, yes, sometimes we answered brief questions and/or brief comments on consent items if they are not unduly lengthy. Vice Mayor Rich commented as follows: My statement would be that is as a sitting City Councilmember, I have received no economic data or financial data that would establish what profit this family might the obtaining as a result of the mobile home park ownership. I do not know what profit they are making. My decision was based on the information available to me. Thank you. That is all I had to say. Mayor Hinton commented as follows: I will point out that we have two mobile home parks in the City of Sebastopol that this ordinance impacts. MOTION: Mayor Hinton moved and Councilmember Zollman seconded the motion to Consent Calendar ltem 3. Mayor Hinton called for a roll call vote. City staff conducted a roll call vote. VOTE: Ayes: Councilmembers Maurer,Zollman, Vice Mayor Rich and Mayor Hinton Noes: Councilmember Mclewis Absent: None Absta in: None City Council Action: Approved Second Reading and Adoption of Ordinance 1l-48, Amending the Mobile Home Rent Stabilization Program Minute Order Number: 2023-202 Ordinance Number: 1148 REGUIAR CALENDAR AGENDA TTEMS (DISCUSSION AND/OR ACflON) CONTINUED: 6. Consideration of Appointment to the City of Sebastopol Planning Commission (Responsible Department: Pla nni nglCity Administration) Mayor Hinton presented the agenda item. Mayor Hinton opened for questions. There were none at this time Mayor Hinton opened for public comment. Linda commented as follows: I understand you said the remaining time for Linda Kelly, for her seat? One way or another, I think it is only right that we have a choice in this matter and I am suggesting that you open the selection process up so that more than one person can apply and we need to have more diversity. lt is all well and good being creative and involved and everything, but you need to start looking at safety and over pure profit and public health and there is a big blurring thing in this town. I am telling you that you need to start reading the Page 6 of 12 Page 6 of 12 comments that I received from the public regarding the electrification and also the water meters and wireless water meters and there is a substantial number of people who are aware of the harm and danger of man-made pulsed electromagnetic fields and your policies are making this town more and more toxic by ignoring this issue. I am suggesting and you need to look at building biology and start looking at the effects of building especially the wireless radiation on human health and there is a global movement to oppose wireless and smart everything. So please look into building biology and there is a website EMF safety network is a good place to start. City staff commented as follows: I would like to comment that this application was opened to the public and is open to everyone to apply if they meet the requirements and the City only received one application so it just isn't just one application for one opening but it was open to everyone. Planning Director Svanstrom commented as follows: Just a response to a few questions that came up in the interview. Most Commissioners actually want to be contacted through the Planning Department and are available for that so just wanted to let them know that even if there ts a formal education every few years we do certainly do orientations for new board and commission members. Citv Council Discussion an Further Deliberations Councilmember Zollman commented as follows: I would like to make a few comments. Number one is the experience not only here stateside but I also think internationally brings a hope there will be creative ideas to balance the need for growth by way of revenue but also different housing and I did appreciate his comments about his own experiences as well as to consider other types of housing to include tiny homes so I would support that application. Vice Mayor Rich commented as follows: I am in support of this application. I do have to say that, yes, this was the one application we received. But this is a very qualified person. I think we should be very pleased to have this caliber of individual apply for Planning Commission and I think this will contribute a new voice that will supplement already strong voices on the Planning Commission and fully in support of this application. Councilmember Mclewis commented as follows: I would like to echo that. The vast amount of experience is impressive. Mayor Hinton commented as follows: I also thank you for your application and it was open and I was going to address the member of the public and we were thrilled to get a qualified applicant to fill Linda Kelly spot. So thank you and thank you for contrtbuting to the community. MOTION: Mayor Hinton moved and Councilmember Maurer seconded the motion to appoint Seth Hanley to the Planning Commission to fill the remainder of the term of Linda Kelley through December 3L,2023. Mayor Hinton called for a roll callvote. City staff conducted a roll callvote. VOTE: Ayes: Councilmembers Maurer, Mclewis, Zollman, Vice Mayor Rich and Mayor Hinton Noes: None Absent: None Abstain: None City Council Action: Appointed Seth Hanley to the Planning Commission to fill the remainder of the term of Linda Kelley through December 31,,2023. Minute Order Number: 2023-206 Page 7 of 12 Page 7 of 12 INFORMATIONAL ITEMS/PRESENTATIONS: (Under 10 minute presentation) NONE PUBLIc HEARING(s): 7. lntroduction and First Reading of Ordinance Amending Sections 13.06.030 and 13.06.060 of Chapter 13.06, Water Shortage Contingency Plan, of the Sebastopol Municipal Code (Responsible Department: Publ ic Works/Engineering) Toni Bertolero, GHD, presented the agenda item Mayor Hinton opened for questions. Councilmember Zollman commented as follows: Thank you for the presentation. My question is the way you describe it is a roadmap and there are certain things that are triggered at certain points for us to implement something. What are we doing as far as helping to make sure we are getting enough water? You say this is triggered by declaration from Sonoma County Water. ls that solely what we are relying on, on a City basis, to decide what is the drought and what is the water flow and what is the volume? Because I ask in the context of the water association that I sit on there is a subcommittee dealing with water rights and their work plan and we are having constant discussions about water is going to be a thing and we will need to be mindful of who is making the decisions to have us curtail our use of water for citizens. So is it just the Sonoma County Water Agency that triggers this by way of declaration? lf so, what influences do we have by way of the City on this ultimate declaration? Ms. Bertolero commented as follows: That is a good question. The first triggers is the State of California and if there is a statewide drought, obviously everybody follows that and it would be anything from stage I through stage vi. But the second one that would be doing it would be a local agency and it wouldn't just be Sonoma Water. What happens is they would be looking at it from what I call the local region through the county. As you know the City receives its water through its own groundwater supply. lt has, really, a different situation than Sonoma Water. What would happen is, under a certain situation where there is known to be a drought, a local drought, then the Public Works Superintendent would be meeting with other local water agencies. So the decision to implement a specific stage lies with the City Council and I mentioned that could be based on a recommendation from the Public Works Superintendent based on his meetings with other local agencies taking a look at the water supply specifically for Sebastopol and it could implement or could recommend implementation of this specific stage. ln answer to your question, yes, the City would have direct influences as to whether or not a specific stage would need to be irirplemented by the City. Councilmember Zollman commented as follows: I guess my question was for further upstream, what are we doing that you are aware of on a City basis to help us get more water should we need it from the Russian River Watershed in addition to those locally and what influenced we have? ls it just our appointments from the Council for this and is or what can we do to be more involved in those decisions? Ms. Bertolero commented as follows: There is also another agency, the groundwater sustainability agency which is a Santa Rosa plain. We actually have a person, representative on that particular board and we also have staff and that would be the Mayor as a party to that and I believe that is what you're looking for is how do you influence something like that and it would be through the groundwater sustainability agency. Mayor Hinton commented as follows: Just to give you the history we originally didn't and the former Councilmember and myself and others went and lobbied instead of creating our own GSA to join that and l'm Page I of 12 Page 8 of 12 trying to remember what year that was but we did become a member and there was a movement of a line. We have done quite a bit of work on that. CouncilmemberMaurercommentedasfollows: Thankyouforthatpresentation.ldidhaveaquestionbasedon something I saw the other day outside of Public Works and there was a truck filling a water tank outside of Public Works. I don't understand how that worked in terms of how Sebastopol sells waters or who the truck was representing a where the water was going but it was a big tank and a lot of water was going into that tank. I wanted to know I assume the City sells it and is it part of this ordinance and why or why not? Ms. Bertolero commented as follows: The sale of that water is not part of that and this ordinance addresses a water shortage plan but ihe question that you have to best be answered by Public Works Superintendent Dante Del Prete. Public Works Superintendent Del Prete commented as follows: During the last drought we had a significant amount of conversations about whether or not we should be sending water outside and selling it to non-residents and because we understood the impacts of health and human safety of having clean water, a decision was made by the Council to only provide water sales to those trucks with these certification for drinking water only so no construction or agriculture and no filling of pools. Public Works request annually that the current account holders provide a current registration for drinking water hauler only and we are modifying that and because those are setting up a water account, they would still need to follow the rules of reduction. They are similar to a meter read it somebody's residential home so it is equally felt across the board. Vice Mayor Rich commented as follows: I did look into this inquiry and I rode in a water truck and I can't remember which company it was that when out into west county and I spent all day and I was so impressed by the need out there and these were people who were being distributed and amazingly small amounts of water per person in order to meet their drinking water needs only. lt was impressive and Councilmember Maurer, I was pleased that we as a City were able to support the greater west county population and it was clear there wasn't an excess of water being used in this is also human needs. I do appreciate Dante continuing to enforce that rule. Councilmember Mclewis commented as follows: ls this the honor system or do we have a meter that is keeping track like we all have smart readers and all of that is kept track. Superintendent Del Prete commented as follows: They do document but as you can imagine the next truck driver that comes up if the read isn't correct, they report it to Public Works quite quickly. There were times and generally we do reach out right away like they wrote down the wrong number or dropped a decimal point. But we haven't had an issue. The overallsales of watertrucked out I believe it is less lhan2% of the waterwe generate. Mayor Hinton opened the public hearing. Linda commented as follows: The obvious solution to water shortage is just build more buildings and create more demands. Sebastopol and west county and its just like the answer to the traffic congestion is to build more for more people and mofe cars which is already been done with the altered traffic survey by the previous planning director which brought us this traffic congestion and that was Kenyon Webster who was also pro-business and there you have it. Just keep on the course you are going with the building and make this town a better place and the increasingly toxic emf. You are killing us all. You need to reverse course. Hearing no further comments, Mayor Hinton closed the public hearing. Page 9 of 12 Page 9 of 12 Citv Council Discussion and/or Further Deliberations: Councilmember McLewis commented as follows: I did have somebody ask me about where it says washing of sidewalks and other hard surfaces and a common complaint and I believe it is related to Caltrans but the common complaint is people can't wash their sidewalks and I believe is this a further restriction of what we can do and I want to clarify that. Superintendent Del Prete commented as follows: Since the drought designation has been lifted and we actually are scheduled to wash some downtown sidewalks this Thursday morning early. I will add that when we do utilize washing the sidewalks in the plaza we have tapped into the use of a machine called a hot seat that uses steam and generates less water and cleans faster so it boils the water first so it ends up being more effective so we found that to be a water saving tool as well. Councilmember Mclewis commented Thursday is when you will start Superintendent Del Prete commented as follows: We won't do all of downtown but one significant area that has some sticky stuff. I know we all received a letter. We will look at it and I will send out a public notification on some of those items tomorrow. MOTION: Councilmember Zollman moved and Vice Mayor Rich seconded the motion to approve for lntroduction and First Reading of Ordinance Amending Sections 13.06.030 and 13.06.060 of Chapter 13.06, Water Shortage Contingency Plan, of the Sebastopol Municipal Code 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 CouncilAction: Approved for lntroduction and First Reading of Ordinance Amending Sections 13.06.030 and 13.06.060 of Chapter 1"3.06, Water Shortage Contingency Plan, of the Sebastopol Municipal Code Minute OrderNumber: 2023-207 Ordinance Number: DRAFT 1149 REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACIION): No Further ltems 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. Mayor Hinton commented as follows: I hope we don't have to be like other public jurisdictions around the county where we either have to stop taking public comment on zoom because of the foul language on our system and it feels like a personal attack, frankly on all of us and those who serve as elected officials. I want to say that out loud and I think they are out now but that would be a shame in our small town. We will try this again. Page 10 of 12 Page 10 of 12 Kylecommentedasfollows: Firstofftherearesolutionsintermsofthezoombombing. lfyouhadhouselT instead of sourcing it to a contractor you would be able to consult with that lT person to be able to know what the solutions are and meeting passwords and it's not too far of a stretch to ask the public to utilize those things and it reduces zoom bombing. We understand it is happening as a result of putting in a random address until they get a meeting and once they have it they go from there and a password allows you to circumvent that. The reason why I am providing comment is at the last meeting I provided public comment on items not on the agenda regarding a tripping hazard that exists at the Robinson Road and at that time there was no engineering consultant on the meeting and as a result I was told that I would be contacted by email regarding this issue. I was not contacted regarding this issue so I sent a letter in which today I received a response and tomorrow hopefully there will be a response or some sort of work done on this hazard. But that shouldn't be the standard protocol of communication or safety issues in our community that I have to be so proactive that have to make multiple attempts to get a safety hazard rectified and I am not communicated back with as a result of my producing a suggestion of a tripping hazard that is fairly serious. This also goes into failures of things like the engineering firm we have hired to the actual engineering contract happening and none ofthese things get addressed and none of these things actually get to a place where we have a staff report that comes out regularly because we go so late that all of the staff reports that are currently scheduled at the end of the meeting get completely ignored and not actually presented. So I am calling for regular staff reports to be happening in writing every single meeting because to not have updates on a regular basis is a disservice to the public. Myriah commented as follows: I wanted to hop on really quick because the chamber community awards are coming up on October 11 and we are closing nominations tomorrow on September 20 said anybody on the call wanted to nominate somebody for business of the year or citizen of the year also public servant of the year as elected officials, you can go to the website and you have until tomorrow. CITY COUNCIVCITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS: 8. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting). City Manager/Attorney Mclaughlin reported out as follows: I will just mention that tomorrow we have the first meeting about a particular grant referenced earlier and that is with a number of Caltrans personnel as well as several staff members will be meeting to hit the ground running on that grant and its requirements and there are a number of them but we have hit the ground running. Assistant City Manager/City Clerk reported out as follows: Reminder for the public and the community that we do have the special City Council meeting next week Tuesday, September 26 at 6:00 at the Sebastopol Youth Annex, in person and zoom, from the report out from the ad hoc committee. Members of the public are encouraged to submit questions in advance. lf members of the public submit questions in advance they will also still be able to provide public comment during the public comment portion of the meeting. 9. City Council Reports/Committee/Sub-Committee Meeting Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Meetings/Committee Meetings/Sub-Committee Meeting /Conferences Attended and Possible Direction to its Representatives (lf Needed) on Pending issues before such Boards. (This will be either verbal or written reports provided at the meeting) Councilmember Maurer reported out as follows: Tomorrow will be the first meeting to begin the negotiations for a new contract for the City. Page 11 of 12 Page 11 of 12 Councilmember Zollman reported out as follows: On September 8 I had a long talk around the library ad hoc and touched on a few other issues and very productive. On September 9 I was at the peace wall ceremony and it was lovely and well deserving recipients and a shout out to all of the organizers who consistently put that on. On 9 11 we facilitated the third library ad hoc meeting and great conversation. As a result of that, we have now opened the door as far as potential library spaces either keeping it at the current location or perhaps entertaining another location that is just down the street. lt is all in the name of trying to develop a services corridor down high street and potentially down main street as well in order to answer some of the other city's needs. Then on September 1"3 attended a budget hearing which was helpful and a shout out to the finance director who walked us through the numbers. What I really want to inform the public is that again if we don't do anything by way of bringing revenue income we will have to deplete our reserves by July 2026 . So when our financial consultant came in and we had it on slides that it was deplete our resources anywhere between 3 and 5 years, I read somewhere else it was that we are continuing to meet to figure out ways to present to Council but also chime in as well about ways to bring in revenue and what I remember is we are moving toward a November 2O24ballol initiative of some sort and maybe sales or vacancies or something along those lines but we have to do something in order to bring money. On Sep 18 as I said before, I attended the Russian River Watershed Association to talk about the needs of the water because it will be a thing because climate change is real regardless of what you think. Had a library conversation with consultants that the planning director put me in touch with to better present at our next library ad hoc which is always the second Monday of the month. That is it. ViceMayorRichreportedoutasfollows: ljustwanttorecognizethattheswearinginofthepolicedepartment on September 5 was a really wonderful event to attend. Due to the zoom bombing of inappropriate material displayed on video the Mayor adjourned the meeting. 10. Council Communications Received (lnformation/Meetings/Correspondence Received from the General Public to Councilmembers) l-1. Future City Meeting Dates/Events (lnformational Only): (See City Web Site for Up-to-Date Meeting Datesfiimes) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEFI-ING September 19,2023 Meeting will be adjourned to the Regular City Council Meeting of October 3, 2023 at 6:00 pm. Due to the inappropriate zoom bombing, Mayor Hinton adjourned the meeting at 7:18 pm lly Sub Mary Go As City agerlCity rk Page 12 of 12 Page 12 of 12

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 Meeting of Tuesday – September 19, 2023 Regular Meeting Start Time: 6:00 pm Meeting to be held in Person and Virtual /Remote Participation Zoom Link is to be used for providing public comment/Live Stream is utilized for viewing only of Meeting In Person Location: Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA 95472 Remote/Virtual Zoom Link: (see below Join Meeting Link) City Council is inviting you to a scheduled Zoom meeting. Topic: City Council Meeting - September 19, 2023 Time: Sep 19, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84269833635?pwd=R1lxMDJDbmI0R2NpWEh5dHVHUXg3UT09 Meeting ID: 842 6983 3635 Passcode: 893897 One tap mobile +16699006833,,84269833635#,,,,*893897# US (San Jose) +16694449171,,84269833635#,,,,*893897# US Dial by your location +1 669 900 6833 US (San Jose) +1 669 444 9171 US +1 305 224 1968 US Meeting ID: 842 6983 3635 Passcode: 893897 Find your local number: https://us02web.zoom.us/u/kZ4rzbcfn The public may also view the meeting by use of Live Stream. Important Notice: The City of Sebastopol shows both live broadcasts and Video Archive of City Council Meetings over the Internet. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice. Videos are available for one year from date of meeting. • Here is the link: http://bit.ly/sebcctv or https://www.ci.sebastopol.ca.us/City-Meetings-TV Please note that minutes of meetings are not meant to be verbatim minutes and are meant to be the City’s record of a summary of actions that took place at the meeting. The vote/action is the required information of the meeting actions that took place. Approved minutes are available on the City Council Meetings page. https://www.ci.sebastopol.ca.us/Meeting-Event.aspx Please click on the special Council meeting date. If minutes were approved, they will be listed under that specific Council Meeting date. As a courtesy, please turn off all cell phones, electronic devices, and pagers during the meeting. The public is advised that pursuant to Government Code section 54957.5 all writings submitted to the City and City Council are public records and will be made available for review. 6:00 pm City Council Regular Meeting, In Person – Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA/Virtual Format (Zoom) See Link Below https://us02web.zoom.us/j/85359710102?pwd=MzFiNjRVRDRJaGxkVURiZ0IyVncxZz09 Meeting ID: 842 6983 3635 Passcode: 893897 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. DISCUSSION AND ACTION: (Interview for One Opening on the Planning Commission) 1. Interview for Planning Commission Appointment (Responsible Department: Planning/City Administration) One Applicant: Seth Hanley CONSENT CALENDAR: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion without discussion unless a member of the City Council requests that the item be taken off the consent calendar. The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent calendar; and then open public comment to the members of the public in attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be removed for discussion. If an item or items are removed from the consent calendar, the item shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tern. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem. 2. Extension of Proclamation Proclaiming the Existence of a Local Homeless Emergency. Government Code Section 8630, requires that the Council review the need for continuing the local emergency at least every 60 days until such local emergency is terminated. o First Proclaimed: November 30, 2021 o First Extension was approved January 18, 2022 o Second Extension was approved: March 15, 2022 o Third Extension was approved: May 3, 2022 o Fourth Extension was approved: June 21, 2022 o Fifth Extension was approved: August 2, 2022 o Sixth Extension was approved: September 20, 2022 o Seventh Extension was approved: November 15, 2022 o Eighth Extension: January 3, 2023 City Council Meeting o Ninth Extension: February 27, 2023 City Council Meeting o Tenth Extension: April 18, 2023 Council Meeting o Eleventh Extension: June 6, 2023 o Twelfth Extension: August 1, 2023 o Thirteenth Extension: September 19, 2023 o Proposed Extension Needed within 60 days or (November 7, 2023) 3. Approval of Second Reading and Adoption of Ordinance 1148, Amending the Mobile Home Rent Stabilization Program (Responsible Department: City Administration) 4. Expenditure Approval for the Purchase of one replacement Flatbed Dump Truck NTE $93,000 (Responsible Department: Public Works) 5. Approval of Cancellation of CIP #0130-22.08 Undergrounding Overhead) Responsible Department: Engineering/GHD REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION) CONTINUED: 6. Consideration of Appointment to the City of Sebastopol Planning Commission (Responsible Department: Planning/City Administration) INFORMATIONAL ITEMS/PRESENTATIONS: (Under 10 minute presentation) NONE PUBLIC HEARING(s): 7. Introduction and First Reading of Ordinance Amending Sections 13.06.030 and 13.06.060 of Chapter 13.06, Water Shortage Contingency Plan, of the Sebastopol Municipal Code (Responsible Department: Public Works/Engineering) REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): No Further Items. 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: 8. City Manager-Attorney/City Clerk Reports: (This will be either verbal or written reports provided at or prior to the meeting). 9. City Council Reports/Committee/Sub-Committee Meeting Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Meetings/Committee Meetings/Sub-Committee Meeting /Conferences Attended and Possible Direction to its Representatives (If Needed) on Pending issues before such Boards. (This will be either verbal or written reports provided at the meeting) 10. Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers) 11. Future City Meeting Dates/Events (Informational Only): (See City Web Site for Up-to-Date Meeting Dates/Times) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEETING September 19, 2023 Meeting will be adjourned to the Regular City Council Meeting of October 3, 2023 at 6:00 pm. 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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