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 Meeting of Tuesday, December 3, 2024 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 City Council is inviting you to a scheduled Zoom meeting. Topic: City Council Meeting – December 3, 2024 Regular Meeting Start Time: 6:00 PM Pacific Time (US and Canada) – Regular Meeting 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. “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. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA This is an opportunity for members of the public to speak on matters within the jurisdiction of the City Council which are not otherwise on the agenda. Due to the length of recent City Council Meetings, it is strongly encouraged that written comments be submitted to the City Council by sending them by email to: citycouncil@cityofsebastopol.gov with Public Comment Written in the Subject Line. Emails are distributed to the City Council as well as posted to the City Council meeting as public comment for items not on the agenda. Public Comment questions may be directed to City staff for a response at a later time. Topic: City Council Meeting - December 3, 2024 Join Zoom Meeting https://us02web.zoom.us/j/88423872589?pwd=SkxiSHVHUWg5bnJ3eUkxbGg1LzhaQT09 Meeting ID: 884 2387 2589 Passcode: 444303 --- One tap mobile +16699006833,,88423872589#,,,,*444303# US (San Jose) +16694449171,,88423872589#,,,,*444303# 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 Meeting ID: 884 2387 2589 Passcode: 444303 Find your local number: https://us02web.zoom.us/u/kyvoIYmue 6:00 pm Regular City Council Meeting CALL TO ORDER ROLL CALL SALUTE TO THE FLAG REMOTE PARTICIPATION UNDER AB 2449 (IF NEEDED): To consider and take action on any request from a Council Member to participate in a meeting remotely due to Just Cause or Emergency Circumstances pursuant to AB 2449 (Government Code Section 549539(f)). PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS: • Certificate of Recognition – Dante Del Prete – Upon his Retirement from the City of Sebastopol 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 aloud the title of each consent item (either full agenda title or a simplified version of the agenda title), and 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 two (2) minutes on the entire consent calendar and request at that time that an item or items 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. Council Members 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. 1. Approval of Resolution Reciting the Facts of the General Municipal Election Held on November 5, 2024 and Declaring and Confirming the Results and Such Other Matters as Provided by Law. (City Administration). Approve the Resolution Reciting the Facts and declaring the results of the November 5,2024 election for the Office of Member of the Sebastopol City Council, thereby determining that by votes cast in the November 5, 2024 Election That Phill Carter has been elected to the office of Member of the City of Sebastopol City Council for a four-year term (term ending: 2028); That Neysa Hinton has been re-elected to the office of Member of the City Council for a four-year term (term ending: 2028) and Measure U has been adopted (Responsible Department: City Clerk/City Attorney) THIS ITEM WILL BE HEARD IF THE SONOMA COUNTY REGISTRAR OF VOTERS CERTIFIES THE ELECTION BY DECEMBER 3, 2024 AT 6:00 PM. IF THE ELECTIOJN HAS NOT BEEN  VERIFIED BY THAT DATE/TIME A SPECIAL MEETING WILL BE HELD TO CERTIFY THE ELECTION 2. Approval of Minutes of City Council Special Meeting – Closed Session Meeting of November 18, 2024 (Responsible Department: City Clerk) 3. Approval of Minutes of Regular City Council Meeting of November 19, 2024 (Responsible Department: City Clerk) 4. Approval of Minutes of City Council Special Meeting – Closed Session Meeting of November 21, 2024 (Responsible Department: City Clerk) 5. Approval of First Reading of Repealing of Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests). This item is to repeal use of City’s On Line City Portal (Vendor: Granicus/Southtech) for Submission of Campaign Statements and Form 700’s (Statements of Economic Interest). Effective January 1, 2025, all 87200 filers (City Council, Planning Commission, City Attorney and City Treasurer) are required to utilize the State Fair Political Practices Commission (FPPC) Portal; thereby rescinding use of the City’s online program. (Responsible Department: City Clerk/City Attorney) CEREMONIAL: (To be held if Election has been certified by Sonoma County Registrar of Voters) • Message from Outgoing Mayor • Presentation to Outgoing Mayor • Newly Elected Councilmember will take his seat • Administering of Oath to Elected Councilmembers. After the Certification of the Election, the City Clerk will administer the oath to Elected Councilmembers. CITY COUNCIL REORGANIZATION/RATIFICATION OF MAYOR AND VICE MAYOR/MAYOR PRO TEMPORE (To be held if Election has been certified by Sonoma County Registrar of Voters) 6. Ratification of Installation of Mayor and Vice Mayor: Council is asked to ratify the appointment of Stephan Zollman as Mayor and Jill McLewis as Vice Mayor Per City Council Policy (Responsible Department: City Clerk) CITY COUNCIL WILL ADJOURN FOR REFRESHMENTS CITY COUNCIL REGULAR MEETING TO BE RECONVENED 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). 7. Informational Presentation – Background on Climate Action Committee; Receipt of Comments from City Council (Responsible Department: Interim Community Development Director/City Manager) 8. Informational Presentation – Update on the Sebastopol Police Department Audit Report (Recommendations(Responsible Department: Police) PUBLIC HEARING(s): NONE REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION): 9. Consideration of Approval of Amendment to Electronics Device Policy/Newly Named City Council Policy Number 11 (Responsible Department: Ad Hoc Committee on Council Protocols and  Procedures). This item was removed from the consent calendar at the November 19th 2024 City Council Meeting. 10. Consideration of Approval of Contract for Community Development Director (Responsible Department: Human Resources/City Manager) 11. Consideration of Approval of Contract for Public Works Director/City Engineer (Responsible Department: Human Resources/City Manager) 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: 12. 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) 13. City Council Reports/Committee/Sub-Committee Meeting Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Meetings/Committee Meetings/Sub-Committee Meeting /Conferences Attended and Possible Direction to its Representatives (If Needed) on Pending issues before such Boards. ((This will be either verbal reports at the meeting, or written reports provided at or prior to the meeting) 14. Council Communications Received (Information/Meetings/Correspondence Received from the General Public to Councilmembers) CLOSED SESSION: NONE ADJOURNMENT OF CITY COUNCIL MEETING December 3, 2024 City Council Regular Meeting will be adjourned to the Regular Meeting of Tuesday, December 17, 2024 at 6:00 pm, Sebastopol Youth Annex, 425 Morris Street, Sebastopol, CA. 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 RESTATED: 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