JOINT CITY COUNCIL/

CITY COUNCIL AS SUCCESSOR AGENCY

TO DISSOLVED REDEVELOPMENT AGENCY

CLOSED SESSION MINUTES

CITY OF NOVATO ADMINISTRATIVE OFFICES

922 MACHIN AVENUE

September 27, 2016 – 5:00 PM

CLOSED SESSION AGENDA

A. CALL TO ORDER

1. Public Comment at 922 Machin Avenue: None

2. Recess to Closed Session

B. CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION

54956.9(a): CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9)

Name of case: Estate of Wilfred Lieb; and Lloyd Lieb et al. v. City of

Novato, Superior Court Case Nos. PR-1104967 and CIV 1601783

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION

54956.9 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED

LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision

(d) of Section 54956.9: One potential case.

3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION

54957.6: CONFERENCE WITH LABOR NEGOTIATOR

Agency designated

representatives:

Cathy Capriola, Interim City Manager

Dan Weakley, Human Resources Mgr.

Brian Cochran, Finance Manager

Bob Kingsley, Kingsley & Bogard

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Employee

organizations: Unit A – Novato Police Managers

Unit B – Novato Police Association

Unit C – SEIU Mid-Managers

Unit D – SEIU General Employees

Unit E – Western Council of Engineers

Unit H – Novato Police Civilian Employees

Unrepresented

employees:

Community Development Director

Public Works Director

Police Chief

Assistant City Manager/Administrative

Services Director

Parks, Recreation and Community Services

Director

City Clerk

Human Resources Manager

Planning Manager

Recreation Operations Manager

Finance Manager

Technology Manager

Engineering Manager

Management Analyst I

Management Analyst II

Senior Management Analyst

Executive Secretary/Deputy City Clerk

Executive Assistant

Principal Human Resources Analyst

Human Resources Analyst

Supervising Accountant

Economic Development Manager

Hamilton Base Reuse Director

Public Communications Coordinator

Senior I.T. Analyst

There was no action taken.

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JOINT CITY COUNCIL/

CITY COUNCIL AS SUCCESSOR AGENCY

TO DISSOLVED REDEVELOPMENT AGENCY

MEETING MINUTES

COUNCIL CHAMBERS

901 SHERMAN AVENUE

September 27, 2016 – 6:36 PM

Present: Mayor Eklund

Mayor Pro Tem Athas

Councilmember Drew

Councilmember Fryday

Councilmember Lucan

Absent : None

Also Present: Interim City Manager Cathy Capriola, Finance Manager Brian Cochran,

Communications Coordinator Peggy Flynn, City Attorney Jeffrey Walter and Deputy City Clerk

Laura McDowall.

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

Rancho Elementary School students Eli and Chase, Boy Scout Troup 73 and Boy Scout Pack 42

were present to lead the Pledge of Allegiance. B. CLOSED SESSION ANNOUNCEMENT The City Council met in closed session to discuss Item B as listed on the Closed Session

Agenda. There was no action taken.

D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES

AND NOTICES OF INTENT

At this time Councilmember Lucan requested that an urgency item regarding the sending of

a letter to the City of San Rafael requesting that they be the lead agency on a comprehensive

Quiet Zone that would encompass the City of San Rafael, the Marin County area and the Novato

area be added to the agenda, and placed after the last item of General Business. He stated this

item was brought to his attention after the posting of the agenda and that this item was time-

sensitive.

Mayor Eklund moved, Seconded by Councilmember Fryday, to approve Final Agenda, amended

to add the Urgency Item on a Letter to the City of San Rafael Requesting that they be the Lead

Agency on a Comprehensive Quiet Zone, Waiver of the Reading of Ordinances and Notices of

Intent. The motion was approved unanimously.

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C. CEREMONIAL MATTERS/PRESENTATIONS Proclamation: Bay Day Bill Long was present to accept the proclamation. E. PUBLIC COMMENTS

1. Russell Dodge

2. Steve Murphy

3. Mike Joly

4. Reginald Lyles

5. Mike Jolly

City Attorney Jeff Walter and Interim City Manager Cathy Capriola briefly responded to

concerns brought up during public comment. F. CONSENT CALENDAR

1. ADOPT CITY COUNCIL MINUTES OF AUGUST 30, 2016

The Council adopted the meeting minutes of August 30, 2016.

2. SECOND READING OF AN ORDINANCE REPEALING AND RE-

ENACTING SECTION 2-22.1, APPENDIX "A" OF THE NOVATO

MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE The Council adopted Ordinance 1605 repealing and re-enacting section 2-22.1,

Appendix "A" of the Novato Municipal Code relating to the conflict of interest

code.

3. ADOPT A RESOLUTION APPROVING A MULTI-FAMILY RESIDENTIAL

MANAGEMENT PLAN FOR THE 801 STATE ACCESS SENIOR

APARTMENTS (A.K.A., NOVATO VILLAGE) The Council adopted Resolution No. 2016-054 approving a multi-family

residential management plan for the 801 State Access Senior Apartments (a.k.a.,

Novato Village).

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4. ADOPT A RESOLUTION ACCEPTING A $10,000 COUNTY OF MARIN

MINOR ALCOHOL ACCESS PREVENTION (MAAP) GRANT The Council adopted Resolution No. 2016-055 authorizing the Interim City

Manager to accept a $10,000 grant from the County of Marin and revising

revenues and appropriations accordingly upon award of the grant, and authorizing

the Police Department to utilize the funding to continue its Minor Alcohol Access

Prevention program.

5. ADOPT A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER

TO ACCEPT A $15,100 GRANT FROM THE DEPARTMENT OF JUSTICE

TO PURCHASE BULLET PROOF VESTS Council adopted Resolution No. 2016-056 authorizing the Interim City Manager

to accept a $15,100 grant from the Department of Justice (DOJ) to purchase

bullet proof vests for department police officers and revising revenues and

appropriations accordingly.

6. CONSIDER AUTHORIZATION OF LICENSE AGREEMENT WITH

SONOMA-MARIN AREA RAIL TRANSIT DISTRICT (SMART) TO PERMIT

ENCROACHMENT ON CITY PROPERTY The Council authorized the City Manager to execute a license agreement with

SMART to permit encroachment on City property.

7. ADOPT A RESOLUTION TO AMEND TRANSITIONAL HOUSING

GROUND LEASES I AND II WITH HAMILTON CONTINUUM PARTNERS

TO ACKNOWLEDGE THE WITHDRAWAL OF MARIN PARTNERSHIP TO

END HOMELESSNESS AS A GENERAL PARTNER OF THE LESSEE AND

PROVIDER OF SERVICES, AND TO SUBSTITUTE HAMILTON

AFFORDABLE HOMES, INC. TO TAKE OVER DUTIES RELATING TO

RESIDENT SERVICES Council adopted Resolution No. 2016-057 approving amendments to Ground

Leases (Phase 1 and 2) between City of Novato and Hamilton Continuum

Partners I and II, L.P.'s, to acknowledge the withdrawal of Marin Partnership to

End Homelessness (MPEH) as a General Partner of the Lessee and to allow

Hamilton Affordable Homes, Inc. to take over duties relating to resident services

previously provided by MPEH, including entering into Provider Agreements and

providing oversight of the Provider(s) services to the tenants of the 60 transitional

units in Meadow Park, and authorizing the Interim City Manager to execute

same.

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8. INTERIM CITY MANAGER CONTRACT AMENDMENT #2 The Council approved a second amendment to the Interim City Manager's

employment agreement to extend the term.

Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve the Consent

Calendar, with Mayor Eklund voting No on item F-2. The motion was approved unanimously. G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS No items were listed for this section. I. GENERAL BUSINESS

9. MEASURE F OVERSIGHT COMMITTEE ANNUAL REPORT FOR FISCAL

YEAR 2015/16. Consider receiving the Measure F Annual Report for fiscal year 2015/16

Brian Cochran introduced the item before turning it over to Measure F/Citizens Oversight

Committee outgoing Chair Bob Scott who gave a brief presentation.

PUBLIC COMMENT: None

The Council expressed their appreciation to the Measure F Oversight/Citizen's Finance

Committee and to Staff for their work on the Measure F Annual Report for fiscal year 2015/16. Councilmember Drew moved, Seconded by Councilmember Lucan, to approve receiving the

report. The motion was approved unanimously.

10. NOVATO CHAMBER OF COMMERCE ANNUAL TOURISM COMMITTEE

REPORT FOR 2015 Consider receiving a presentation and accepting the Novato Chamber of

Commerce Annual Tourism Committee Report for 2015.

Communication Coordinator Peggy Flynn opened the item and introduced Garrett Grialou, who

gave the presentation.

PUBLIC COMMENT: None

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It was questioned why there was a large time gap between when the year ended and when the

report was presented to Council, and why the report was based on the Calendar Year rather than

the Fiscal Year. It was explained that it takes time to compile the data, but that the report could

be brought sooner if it was the pleasure of the Council. It was further explained that the reason

that the report was on a Calendar Year rather than a Fiscal Year was because the Chamber of

Commerce operated on a Calendar Year budget. It was suggested that in the future the growth

that is projected and anticipated expenditures be presented to the Council as well.

Councilmember Lucan moved, Seconded by Mayor Pro Tem Athas, to approve receiving the

presentation and accepting the report. The motion was approved unanimously.

11. LETTER OF OPPOSITION TO SENATE BILL 1069 (WIECKOWSKI)

ACCESSORY DWELLING UNITS Consider authorizing the Interim City Manager to send a letter from the Council,

signed by the Mayor, to the State Legislature opposing Senate Bill 1069

(Wieckowski) Accessory Dwelling Units.

It was explained that this would be a letter to Governor Brown requesting that he veto Senate

Bill 1069 due to concerns that it would erode local control, especially as it related to parking

requirements. It was mentioned that while the bill was not perfect, it might encourage

the creation of Accessory Dwelling Units which could help ease the current housing crisis in the

Bay Area, however it was generally felt that that the letter to the Governor requesting a veto of

the Bill should be sent.

PUBLIC COMMENT: None

Mayor Eklund moved, Seconded by Mayor Pro Tem Athas, to approve authorizing the Interim

City Manager to send a letter from the Council, signed by the Mayor, to Governor Brown

requesting that he veto Senate Bill 1069. The motion carried 4-1-0 with Councilmember Lucan

voting No.

12. URGENCY ITEM ADDED- LETTER TO THE CITY OF SAN RAFAEL

REQUESTING THAT THEY BE THE LEAD AGENCY ON A

COMPREHENSIVE QUIET ZONE.

Councilmember Lucan explained that he had requested that this item be added to the agenda as

an urgency item due to the fact this item came to his attention after the posting of the agenda, and

that the item was time sensitive.

It was explained that there was a potential option for a combined Quiet Zone with the City of San

Rafael which would create a comprehensive Quiet Zone to cover the Hamilton Pedestrian

Crossing, which was not currently included in a Quiet Zone, as well as some areas in Marin

County area that were also not currently not included in a Quiet Zone. It was further

explained one agency would need to be the lead agency for the comprehensive Quiet Zone as

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joint applications were not accepted, and it was suggested that the City of Novato send a letter to

the City of San Rafael requesting that they be that lead agency. It was clarified that at this

time the City of Novato was not withdrawing our Notice of Intent, just sending a letter to the

City of San Rafael to request that they consider acting as the lead agency for a potential joint

Quiet Zone.

PUBLIC COMMENT: None

Councilmember Lucan moved, Seconded by Councilmember Fryday, to approve sending a letter,

signed by the Mayor and Councilmember Lucan, to the City of San Rafael requesting that they

look at a comprehensive Quiet Zone on our behalf and on behalf of the whole area. The motion

was approved unanimously. J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions,

Committees or Boards. K. COUNCILMEMBER/CITY MANAGER REPORTS

Councilmember Drew reported that she attended the Working Group for the North Bay

Watershed Association for Marin County where they demonstrated computer tools for gauging

the future effects of climate change.

Mayor Eklund reported that she attended an Association of Bay Area Governments

(ABAG) Executive Committee meeting where they had met in closed session and accepted the

letter from the ABAG Executive Director on his retirement, and met in closed session regarding

a performance evaluation for the ABAG Attorney. She further reported that they had heard

about the Proposed Preferred Alternative for the Plan Bay Area which would be adopted in June

of 2017, and that a major change would be that the jobs projections and household projections

would be made with a model out of UrbanSim, which could be problematic.

L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT

At 8:19 p.m. the meeting was adjourned in memory of Susan Balderama and Mike Harold.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a

regular meeting of the Novato City Council.

________________________________________

Laura McDowall, Deputy City Clerk

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