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JOINT CITY COUNCIL/

CITY COUNCIL AS SUCCESSOR AGENCY

TO DISSOLVED REDEVELOPMENT AGENCY

CLOSED SESSION MINUTES

CITY ADMINISTRATIVE OFFICES

922 MACHIN AVENUE

September 13, 2016 – 5:00 PM

CLOSED SESSION AGENDA

Present: Mayor Eklund

Councilmember Drew

Councilmember Fryday

Councilmember Lucan

Absent : Mayor Pro Tem Athas

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

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 13, 2016 – 6:42 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

Present: Mayor Eklund

Councilmember Drew

Councilmember Fryday

Councilmember Lucan

Absent : Mayor Pro Tem Athas

Also present: Interim City Manager Cathy Capriola, Captain Matt McCaffrey, Public Works

Director Russ Thompson, Community Development Director Bob Brown, Senior Assistant City

Attorney Veronica Nebb and Deputy City Clerk Laura McDowall.

The Police Explorers were present and led 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. A second closed session was convened upon adjournment of the open

session. See closed session minutes.

There was no action taken.

C. CEREMONIAL MATTERS/PRESENTATIONS Presentation: California Law Enforcement Challenge Interim Chief of Police Joe Kreins, Captain Matt McCaffrey, Sergeant Nick Frey and

Officer Tyler Cantley were present to accept the awards. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES

AND NOTICES OF INTENT

Councilmember Drew moved, Seconded by Councilmember Lucan, to approve the Final Agenda,

Waiver of the Reading of Ordinances and Notices of Intent. The motion carried 4-0-1 with

Mayor Pro Tem Athas being absent.

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E. PUBLIC COMMENTS

1. Mark Urdang

2. Eleanor Sluis

3. Hutch Turner

Interim City Manager Cathy Capriola briefly responded to items brought up during public

comment. F. CONSENT CALENDAR

1. ADOPT CITY COUNCIL MINUTES OF AUGUST 16, 2016

The Council approved the minutes of the August 16, 2016 meeting.

2. ADOPT A RESOLUTION APPROVING A LEASE AGREEMENT WITH

SONIC TELECOM LLC FOR CITY-OWNED PROPERTY AT BOLLING

CIRCLE KNOWN AS APN 155-550-06, A GRANT OF ACCESS EASEMENT

AND MAINTENANCE AGREEMENT, AND A GRANT OF UTILITY

EASEMENT AND MAINTENANCE AGREEMENT FOR THE PURPOSE OF

PROVIDING TELECOMMUNICATIONS SERVICES TO NOVATO

RESIDENTS AND AUTHORIZE INTERIM CITY MANAGER OR HER

DESIGNEE TO EXECUTE SAME Council adopted Resolution No. 2016-050 approving a lease agreement with

Sonic Telecom LLC for City-owned property at Bolling Circle, a grant of access

easement and maintenance agreement, and a grant of utility easement and

maintenance agreement for the purpose of providing telecommunications services

to Novato residents and authorize the Interim City Manager or her designee to

execute same.

3. ADOPT A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING RE-

BID FOR THE SAFE PATHWAYS TO SCHOOLS SIDEWALK GAP

CLOSURES - ARTHUR STREET AND PLUM STREET; CIP PROJECT NO.

16-010 Council adopted Resolution No. 2016-051 rejecting all bids received and

authorizing re-bid for the Safe Pathways to Schools Sidewalk Gap Closures -

Arthur Street and Plum Street, CIP Project Number 16-010.

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4. CONFLICT OF INTEREST CODE BIENNIAL UPDATE Council introduced and waived the reading of Ordinance 1605 repealing and

reenacting Appendix A to Section 2-22.1 of the Novato Municipal Code relating

to the Conflict of Interest Code, to add, delete or change specific employee

position titles and adding or deleting additional other code filers.

5. APPROVE A RESOLUTION ADOPTING A COMPLETE STREETS

POLICY Consider approving a resolution adopting a Complete Streets Policy.

This item was pulled from the Consent Calendar and placed under General

Business

Councilmember Fryday moved, Seconded by Councilmember Lucan, to approve the Consent

Calendar, pulling item F-5 and placing it under General Business and with Mayor Eklund voting

No on item F-4. The motion carried 4-0-1 with Mayor Pro Tem Athas being absent.

G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS

6. CONSIDERATION OF AMENDMENTS TO CHAPTERS 8 AND 19 OF THE

MUNICIPAL CODE TO REGULATE MASSAGE ESTABLISHMENTS AND

MASSAGE TECHNICIANS AND FINDING THAT ADOPTION THEREOF IS

EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA

GUIDELINES SECTION 15061(B)(3) Consider:

1. Introducing an ordinance repealing and reenacting Section 8-4 of the

Novato Municipal Code relating to regulation of massage establishments

and massage technicians,

2. Introducing an ordinance amending Chapter 19 of the Novato Municipal

Code adding massage establishments as a Conditional Use in all

commercial and industrial zoning districts, establishing parking

requirements, adding definitions of "massage" and "massage

establishment" and establishing zoning regulations for massage

establishments and precluding massage as a home occupation, and

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3. Finding that both ordinances are exempt from the requirements of the

California Environmental Quality Act (CEQA), pursuant to CEQA

Guidelines Section 15061(B)(3).

Interim City Manager Cathy Capriola opened the item and turned it over to Senior Assistant

Attorney Veronica Nebb who explained that modifications to massage regulations were proposed

in response to changes in State law and were also intended for protection of both consumers of

massage services and the reputation of the massage profession.

Ms. Nebb reviewed the proposed updates to the ordinance which included changes to make

massage establishments a conditional use in all commercial and industrial zoning districts,

requiring issuance of a Use Permit to allow new, relocated or physically expanded

establishments; a prohibition on massage services conducted in a locked room; a prohibition on

use of photographic or video recording devices in massage rooms; a prohibition on persons in

massage room other than patron, massage technician and patron’s family members/legal

guardian; a requirement that the principal exterior entry door remain unlocked during business

hours, except under specified circumstances; a requirement for existing massage technicians with

a valid City issued Massage Technician Permit to obtain California Massage Therapy Council

(CAMTC) certification within 3 years from the ordinance adoption date; a requirement to

maintain a written record of all services provided; and changes which would expressly prohibit

massage establishments as a home occupation as outlined in Exhibit E of proposed Ordinance

No. 1607.

Captain Matt McCaffrey further explained police concerns, which included prostitution, human

trafficking and legitimate massage businesses being negatively impacted by the establishment of

illegitimate businesses.

It was questioned whether the police objected to having massage as a home occupation. Captain

McCaffrey responded that while the ideal situation would be to not have massage as a home

occupation due to the difficulties in policing and inspecting such establishments, massage home

occupations were not a major issue at this time.

Concerns were raised that the fees for a Use Permit were too high and it was questioned whether

a sliding scale for Use Permits was possible, with a lower fee being charged for smaller

businesses and a higher fee being charged for larger business, to which Ms. Nebb replied that a

sliding scale was possible. It was further questioned whether another option could be to have a

smaller initial deposit be required to establish the Use Permit, with additional funds being

requested if needed to which Ms. Nebb replied that it could. It was clarified that existing

businesses would not be required to obtain a Use Permit unless they expanded or moved

locations.

PUBLIC COMMENT

4. Angelea Gibson spoke in opposition to the portion of the ordinance which calls for a ban

on locked doors.

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5. Steve Grant supported all the changes but objected to the portion requiring practitioners

to obtain a CAMTC license, and objected to the portions regarding the conditional use

permit.

6. Elizabeth Zuzel opposed to the portion of the proposed amendments that banned cell

phone use, and the portion regarding having more than one person in the room.

7. Silke Valentine spoke in opposition to the portion speaking on schooling requirements.

8. Erin Beeman spoke in opposition of the regulation regarding taking photos, the portion

regarding the home based businesses, the CAMTC licenses, and having more than one

person in the room.

Ms. Nebb briefly responded to issues brought up during public comment, including clarification

that the prohibition of locking a door included an exception if an individual was alone and there

is no one at the front desk, and stated that the prohibition also didn't apply to practices in the

offices of a licensed medical professional. She further clarified that there was a provision in the

portion of the ordinance regarding having more than one person in the room while massage was

being performed to allow for couple’s massage. Ms. Nebb stated that this portion could be

amended to included (s) after the word 'technician' to allow multiple massage technicians in the

room at the same time. It was question if 3 years was enough time for practitioners to obtain

CAMTC certification, and it was suggested that the 3-year time period be extended to 4 years

with the City Manager having approval to issue a 1-year extension, on a case-by-case basis, if

extenuating circumstances could be demonstrated to the satisfaction of the City Manager, with

English as a second language specifically included as an extenuating circumstance.

Councilmember Drew moved, Seconded by Councilmember Lucan, to approve

introducing Ordinance 1606 of the City Council of the City of Novato repealing and reenacting

section 8-4 of the Novato Municipal Code relating to regulation of massage establishments and

massage technicians and finding the adoption thereof exempt from the requirements of the

California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061

(b)(3), amending section 8-4.12, subsection (a)(9) to put (s) after the word 'technician' and

amending section 8-4.19, subsection b, to read “On or after October 27, 2020, the requirements

of paragraph d. of subsection 8-4.3 shall apply and this subsection 8-4.19 shall be of no further

effect except that the City Manager may extend the effectiveness of this subsection for a 1-year

period on an individual basis upon a showing of good cause." The motion carried 4-0-1 with

Mayor Pro Tem Athas being absent.

Councilmember Lucan moved, Seconded by Mayor Eklund, to approve introducing Ordinance

1607 of the City Council of the City of Novato adding subsection 19.34.190 and amending tables

2-4, 2-7, 2-9 and 3-7, excluding the change to paragraph 19.34.080 B and Exhibit E, including

subparagraph 19.60.020 A (g), and paragraphs M and P of the Novato Municipal Code, relating

to regulation of Massage Establishments and finding adoption thereof exempt from the

requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines

section 15061 (b)(3), eliminating exhibit E. The motion carried 4-0-1 with Mayor Pro Tem

Athas being absent.

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It was suggested that feedback on the amended ordinance be brought back to the Council 1 year

after the ordinance is adopted, which received general consensus. It was also suggested that Staff

look at ways to lower the fees related to the permit, but and it was explained that the fees related

to the permits could be considered at a time when all City fees were being reviewed.

At 9:09 p.m. Council took a brief recess and reconvened at 9:22 p.m. I. GENERAL BUSINESS

7. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO STATE

LANDS COMMISSION LEASE NO. PRC 7220.1 FOR THE PURPOSE OF

ALLOWING NORTH MARIN WATER DISTRICT (NMWD) TO INSTALL A

16-INCH-DIAMETER RECYCLED WATER PIPELINE ON THE ROWLAND

WAY BRIDGE, APPROVING A SUBLEASE AGREEMENT BETWEEN THE

CITY OF NOVATO AND NMWD FOR NMWD-OWNED

INFRASTRUCTURE IMPROVEMENTS, AUTHORIZING THE INTERIM

CITY MANAGER TO EXECUTE SAID LEASE AND SUBLEASE

AGREEMENTS, AND ADOPTING FINDINGS AND A STATEMENT OF

OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT Consider adopting a resolution approving an amendment to State Lands

Commission Lease No. PRC 7220.1 for the purpose of allowing North Marin

Water District (NMWD) to install a 16-inch-diameter recycled water pipeline on

the Rowland Way Bridge, approving a sublease agreement between the City of

Novato and NMWD for NMWD-owned infrastructure improvements, authorizing

the Interim City Manager to execute said lease and sublease agreements, and

adopting findings and a statement of overriding considerations, pursuant to the

California Environmental Quality Act.

Cathy Capriola introduced the item and turned it over to former Administrative Manager Felicia

Newhouse who gave the presentation.

PUBLIC COMMENT: None

Councilmember Lucan moved, Seconded by Councilmember Drew, to approve adopting

Resolution No. 2016-053 approving the lease amendment and the sublease, authorizing the

Interim City Manager to execute the lease and sublease agreements, and adopting findings and a

statement of overriding considerations, pursuant to the California Environmental Quality Act.

The motion carried 4-0-1 with Mayor Pro Tem Athas being absent.

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8. DISCUSS AND PROVIDE INPUT TO COUNCIL MEMBER FRYDAY ON

THE 2016/2017 MARIN COUNTY COUNCIL OF MAYORS AND

COUNCILMEMBERS (MCCMC) LEGISLATIVE Consider discussing Novato's legislative priorities and provide input to

Councilmember Fryday, the City's appointee to the MCCMC Legislative

Committee.

Councilmember Fryday briefly explained that Marin County Mayor and Councilmembers

(MCCMC) Legislative Committee had legislative priorities for the next year, and that he was

requesting feedback on whether the Council would like to make any additions. The additional

priorities identified via consensus were preparation for sea-level rise, specifically as it related to

bay lands that were under water, changing the definition of the Regional Housing Needs

Assessment to include senior facilities, group homes, and junior accessory units, looking at the

impact of net metering, and obtaining more direct funding for City street repair and maintenance.

PUBLIC COMMENT: None

F-5. APPROVE A RESOLUTION ADOPTING A COMPLETE STREETS

POLICY Consider approving a resolution adopting a Complete Streets Policy.

Mayor Eklund explained that she had pulled this item from the Consent Calendar due to

the wording of Exhibit A of the resolution. She expressed concerns that not all streets in the City

of Novato were appropriate for Complete Streets, and suggested amendments. It was questioned

whether the Metropolitan Transportation Commission (MTC) would accept the resolution as

amended. It was suggested that the resolution be submitted to MTC as amended, and if it was

not acceptable to MTC then to bring the item back to Council as a Consent Calendar item in time

to protect One Bay Area Grant (OBAG) 2 funding.

PUBLIC COMMENT

9. Eleanor Sluis

Councilmember Fryday moved, seconded by Councilmember Lucan, to approve Resolution No.

2016-052 adopting a Complete Streets Policy, as amended, and if MTC was not amenable those

edits to have the item come back to Council on the Consent Calendar in time to protect the

OBAG 2 funding. The motion carried 4-0-1 with Mayor Pro Tem Athas being absent. J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions,

Committees or Boards.

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K. COUNCILMEMBER/CITY MANAGER REPORTS Councilmember Drew reported that she had attended the Northbay Watershed Association and

had heard a report on the state of the San Francisco Bay, and disseminated information regarding

an upcoming working group particularly for Marin County.

Councilmember Lucan reported that he had attended an event at Vintage Oaks hosted by the

Golden Gate Electrical Vehicle Association, and it was a very well attended event.

Councilmember Fryday requested an item be placed on a future agenda to discuss a resolution

regarding a cap on refinery emissions, and received majority support.

Mayor Eklund reported that she attended an Association of Bay Area Governments (ABAG) and

Metropolitan Transportation Commission (MTC) meetings where they had discussed the

Preferred Scenario for Plan Bay Area. Mayor Eklund also requested an item be placed on a

future agenda regarding a letter of opposition for Senate Bill 1069 utilizing the expedited process

due to time sensitivity of the issue, and received unanimous support to add the item to the agenda

of the September 27, 2016. Ms. Capriola gave a brief presentation and update on City activities, and on the General Plan

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

At 10:17 pm the meeting was adjourned in memory of John Mueller.

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JOINT CITY COUNCIL/

CITY COUNCIL AS SUCCESSOR AGENCY

TO DISSOLVED REDEVELOPMENT AGENCY

CLOSED SESSION MINUTES

COUNCIL CHAMBERS

901 SHERMAN AVENUE

and

CITY ADMINISTRATIVE OFFICES

922 MACHIN AVENUE

September 13, 2016 – 10:18 PM

A. CALL TO ORDER

1. Public Comment at 901 Sherman Avenue- None

2. Recess to Closed Session at 922 Machin Avenue

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: Ames and D'Amico v. City of Novato, Case No. 316-cv-

02590-JSC

No action was taken.

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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