City Council

City Council City Manager Mayor Diana Gardner Rich Don Schwartz Vice Mayor Stephen Zollman dschwartz@Cityofsebastopol.gov Councilmember Neysa Hinton Assistant City Manager/City Clerk, MMC Councilmember Sandra Maurer Mary Gourley Councilmember Jill McLewis mgourley@Cityofsebastopol.gov CITY COUNCIL MEETING AGENDA Revised/Corrected as of: 3:34 pm 7-13-2024 to Correct Meeting of Tuesday – July 16th, 2024 Agenda Title Number 4 PLEASE NOTE: 4:00 pm – Special Meeting Start Time 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 City Council is inviting you to a scheduled Zoom meeting. Topic: City Council Meeting - July 16, 2024 Time: Jul 16, 2024 04:00 PM Pacific Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89985038505?pwd=d3pzRUZTNmVBVWlQS2hTUnVhY2Jrdz09 Meeting ID: 899 8503 8505 Passcode: 263343 --- One tap mobile +16699006833,,89985038505#,,,,*263343# US (San Jose) +16694449171,,89985038505#,,,,*263343# US --- Dial by your location • +1 669 900 6833 US (San Jose) • +1 669 444 9171 US • +1 719 359 4580 US • +1 253 205 0468 US • +1 253 215 8782 US (Tacoma) Meeting ID: 899 8503 8505 Passcode: 263343 Find your local number: https://us02web.zoom.us/u/kctof3fziN 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: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion without discussion unless a member of the City Council requests that the item be taken off the consent calendar. The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent calendar; and then open public comment to the members of the public in attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be removed for discussion. If an item or items are removed from the consent calendar, the item shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tern. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem. 1. Approval of City Council Meeting Minutes for Meeting of July 1, 2024 – Special City Council Meeting – Closed Session (Responsible Department: Assistant City Manager/City Clerk) 2. Approval of City Council Meeting Minutes for Meeting of July 2, 2024 – Regular City Council Meeting (Responsible Department: Assistant City Manager/City Clerk) 3. Adoption of Resolution Approving an SB 1 Proposed Project List for Fiscal Year 2024-25/ Pursuant to the requirements of SB 1, the Road Repair and Accountability Act of 2017, the City must adopt a resolution approving a list of projects proposed to be eligible for receiving fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1. The projected revenue in Fiscal Year 2024-25 RMRA funding from SB 1 that the City would be eligible to receive is $194,800 (Responsible Department: Engineering) a. SR 116 ADA Curb Ramps and Bodega Avenue Pedestrian Crossing b. Bodega Ave. Guardrails Replacement 4. Approve the Funding Agreement for use of FY 2020-2021 CDBG funds for the City Hall Youth Annex ADA Project/The amount of the grant is $50,000 and this project is included in the Fiscal Year 2024-25 Capital Improvement Plan adopted by Council on July 2, 2024. Although the total CDBG funding is$50,000, only $45,000 is available to the City since CDC staff has used $5,000 for their administrative and environmental review. (Responsible Department: Engineering) 5. Approval of Waiving of Second Reading and Adoption of Ordinance Number 1150 to approve a Development Agreement for the Hotel Sebastopol at 6828 Depot Street (Responsible Department: Planning) INFORMATIONAL ITEMS/PRESENTATIONS: Informational Items or Presentations are items that are informational only and do not require action by the City Council. Presentations shall be scheduled as necessary for the promotion of an event or service or general information items to the Council and should be limited to ten (10) minutes total in length of item (total length includes questions of Council to presenter and public comment). 6. Information Presentation from California Intergovernmental Risk Authority (CIRA) (Vice Mayor Zollman/Councilmember Hinton) This will be a short presentation from the City’s Risk Authority (CIRA) on CIRA Services & Resources and Protecting the assets of CIRA members which the City is a member. CIRA partners  with member agencies in developing and implementing risk management best practices and prioritizing pool resources to those exposures with the highest potential for loss. PUBLIC HEARING(s): 7. Public Hearing - To consider the Proposed Operating Budget for fiscal year 2024-25 (Responsible Department: City Manager/Administrative Services Director) a. Actions Include: i. Review of FY 24 25 Budget and Direction to staff on recommended changes ii. Creation of Ad Hoc Committee for Sebastopol Cultural Community Center (SCCC) Building Assessment (As approved in the CIP for $85,000) iii. Creation of Ad Hoc Committee to explore Specialized Assistance for Everyone (SAFE) Program iv. Setting Date for Mini Goals Setting Session prior to the Mid Year Budget Review REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION)(CONTINUED): 8. Discussion and Consideration of Placement of ballot measure onto the November 2024 Election; Polling Results (Responsible Department: City Manager/Consultant/Outside Legal Counsel) 9. Discussion and Consideration Fire Ad Hoc Committee Duties/Tasks/Duration of Committee (Responsible Department: Fire Ad Hoc Committee/City Manager) 10. Consideration of Creation of City Council Ad Hoc Committee for Purpose of Evaluation of Proposals and Conducting Interviews with Proposers for Services Related to the City of Sebastopol’s Solid Waste Collection Agreement (Responsible Department: Assistant City Manager/City Clerk) ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Two 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: 11 City Manager and/or City Clerk Reports: (This will be either verbal reports at the meeting, or written reports provided at or prior to the meeting) 12 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 reports at the meeting, or written reports provided at or prior to the meeting) 13 Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEETING July 16th 2024 City Council Regular Meeting will be adjourned to the City Council Regular Meeting of Tuesday, August 6, 2024 at 6:00 , Sebastopol Youth Annex, 425 Morris Street. 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. 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. How can I provide Public Comment on Zoom? The Mayor will request public comment during the Public Comment period on the agenda and during each Public Hearing and Regular Calendar Item. Once the Mayor has announced the public comment period, please do one of the following. USING A COMPUTER OR SMART PHONE: • Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand and you would like to speak. • City staff will unmute your microphone when it is your turn to provide public comment. • A prompt will appear to confirm you would like to be unmuted. Once you accept the prompt, you will have two minutes to provide public comment. • Once your public comment has ended, you will be muted again. USING A REGULAR PHONE: • Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment. • City staff will unmute your microphone when it is your turn to provide public comment. *6 (star 6) is used to mute/unmute. • You will hear “you are unmuted” and then you will have two minutes to provide public comment. • Once your public comment has ended, you will be muted again