minutes of the city council meeting closed session...

DRAFT MINUTES OF THE CITY COUNCIL MEETING

CLOSED SESSION

CITY OF NOVATO ADMINISTRATIVE OFFICES 922 MACHIN AVENUE

MAY 9, 2017

5:00PM

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(d): CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: Volpe Company, Inc., Plaintiff, vs. Sausal Corporation; North American Specialty Insurance Company; Liberty Mutual Insurance Company, and Does 1-100 inclusive, Defendants and related cross actions – Marin County Superior Court Case No. CV-1402511

REPORTABLE ACTION: The Council gave direction to Legal Counsel. No further

action to report.

922 Machin Avenue Novato, CA 94945 415/899-8900 FAX 415/899-8213 www.novato.org Mayor Denise Athas Mayor Pro Tem Josh Fryday Councilmembers Pam Drew Pat Eklund Eric Lucan City Manager

Regan M. Candelario

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05/09/17 – CITY COUNCIL MEETING MINUTES 2

DRAFT NOVATO CITY HALL – COUNCIL CHAMBERS

901 SHERMAN AVENUE, NOVATO

May 9, 2017 6:00pm

The City Council Regular Meeting was called to order at 6:00 p.m. on Tuesday, May 9, 2017. A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

Present: Mayor Athas, Mayor Pro Tem Fryday, Councilmember Drew, Councilmember Eklund, Councilmember Lucan

Roll was called with five of five Councilmembers present, creating a quorum. Staff Present: City Manager Regan Candelario, Assistant City Attorney Veronica Nebb, City Clerk Claudia Laughter, Community Development Director Bob Brown, Public Works Director Russ Thompson, Deputy Director of Public Works Christopher Blunk, Assistant City Manager Peggy Flynn, Interim Finance Manager Maureen Chapman, Accounting Supervisor Gina Javier

B. CLOSED SESSION ANNOUNCEMENT – No reportable action.

C. CEREMONIAL MATTERS/PRESENTATIONS –

- PROCLAMATION – Mayor Athas presented a Proclamation to Sherman Frederick for the 95th Anniversary of the Novato Advance.

- RECOGNITION – Mayor Athas read a recognition of Continental Jewelers

D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT PUBLIC COMMENT: None. MOTION TO APPROVE FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT M/S/C LUCAN/FRYDAY AYES: 5 NAYS: 0

922 Machin Avenue Novato, CA 94945 415/899-8900 FAX 415/899-8213 www.novato.org Mayor Denise Athas Mayor Pro Tem Josh Fryday Councilmembers Pam Drew Pat Eklund Eric Lucan City Manager Regan M. Candelario

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E. COUNCILMEMBER/CITY MANAGER REPORTS 1. CITY MANAGER REPORT

CM Candelario did not give an update.

2. COUNCILMEMBER REPORTS

Councilmember Eklund reported on a Plan Bay Area 2040 Public Workshop to be held; Councilmember Lucan thanked the Tour of Novato sponsors; Mayor Pro Tem Fryday also acknowledged the Tour of Novato efforts; Councilmember Drew attended the opening of the new Nordstrom Rack with Councilmember Eklund; Mayor Athas attended the DMBA Board Meeting, the Design Review Meeting on Bahia, the League of California Cities Meeting, a meeting at the Buck Institute, School Fuel with members of the Police and Fire, the Novato Democrats Club, the 10th Assembly luncheon for Latino members with Councilmember Lucan and Mayor Pro Tem Fryday, and met with staff.

F. PUBLIC COMMENTS 1. Eleanor Sluis – Plastic Turf Concerns 2. Edward Mainland – Sustainable Novato

G. CONSENT CALENDAR

PUBLIC COMMENT: None

1. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 16/17 CIP BUDGET TO CONSOLIDATE

CIP PROJECTS #14-009, “SYNTHETIC TURF FIELDS” AND #16-012 “HILL RECREATION AREA BOCCE BALL AND PARKING IMPROVEMENTS” INTO CIP PROJECT NO. 01-005 “HILL RECREATION AREA MASTER PLAN – Council approved Resolution No. 2017-017 consolidating these projects.

MOTION TO APPROVE ALL ITEMS ON THE CONSENT CALENDAR M/S/C LUCAN/EKLUND AYES: 5 NAYS: 0

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

J. GENERAL BUSINESS 2. DECIDE WHETHER TO: (A) EXCHANGE FEDERALIZED ONE BAY AREA GRANT-II (OBAG2) FUNDING

WITH LOCAL FUNDS FOR DOWNTOWN SONOMA-MARIN AREA RAIL TRANSIT (SMART) STATION PHASE II; (B) ALLOCATE ADDITIONAL FUNDS FOR PROJECT; AND (C) ADOPT SUPPORTING

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RESOLUTIONS

Consider: 1) Exchanging federal OBAG2 Grant funds previously awarded for the Downtown SMART Station

Phase II project with an eligible recipient local roadway rehabilitation project:

a. Adopt a resolution to exchange $1,488,000 local roadway funds with the equivalent amount of federal OBAG2 Grant funds previously awarded for the Downtown SMART Station Phase II project.

b. Commit the grant-required $190,000 minimum local matching funds.

c. Direct staff to amend Capital Improvement Plan programming for fiscal year 17/18 and 18/19 roadway rehabilitation projects to accept the exchanged OBAG2 Grant funds and contribute an additional $122,000 Infrastructure- Long Term Maintenance funds to the Downtown SMART Station Phase II project.

2) Allocating $1,300,000 additional local funds to fully fund the Downtown SMART Station Phase II project; and

3) Adopting a standard Metropolitan Transportation Commission (MTC) resolution of support in order to program a local roadway rehabilitation project as the eligible recipient of the OBAG2 Grant in order to secure the grant funding.

Councilmember Lucan recused himself from this item due to a pending decision from 2016 from the FPPC on a complaint filed against him for a property he owns within 1,000 feet of the SMART rail station. Public Works Director Russ Thompson and Deputy Director of Public Works Christopher Blunk gave a presentation to the Council. PUBLIC COMMENT: 1. Bill Scott – Support SMART Station 2. Kim Stafford - Support SMART Station 3. Sue Potter - Support SMART Station 4. Joe Deveney - Support SMART Station 5. Marla Fields - Support SMART Station 6. Jennifer Goldfinger - Support SMART Station 7. David Zoellner - Support SMART Station 8. Suzanne Crow - Support SMART Station 9. Ginna Zoellner - Support SMART Station 10. Eleanor Sluis – Concerned about train impacts 11. Jeff Rhoads - Support SMART Station 12. Mark Birnbaum - Support SMART Station 13. Alice Hoffman – Opposes SMART Station 14. Virginia Herz – Opposes SMART Station 15. Sigmund Herz – Opposes SMART Station

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16. Gary Butler - Support SMART Station 17. Edward Mainland - Support SMART Station 18. Mubarack Muthalif - Support SMART Station 19. Coy Smith – Novato Chamber of Commerce Supports SMART Station 20. Nancy Weber - Support SMART Station 21. Steven Jordan - Support SMART Station 22. Jodi Fischer - Support SMART Station 23. Anne Wade - Support SMART Station Mayor Pro Tem Fryday asked for detail on the timing. Mr. Thompson explained that TAM was looking for official action for the fund swap by June 1st to be able to submit paperwork to MTC. Councilmember Eklund asked if the City accepted the Federal grant, would the City need to commit to completing the project. Mr. Thompson stated that timing was to have the project approved to be included with the SMART extension to Larkspur to reduce costs and part of the agreement was to have it fully funded. Mayor Athas asked if the exchange was taking funds from any other City projects. Mr. Thompson explained this is an exchange with existing CIP projects. Councilmember Drew asked if there were funds for a multipurpose path or for restoring the historic depot. Mr. Thompson stated there was $500,000 allocated for Phase 3 which could include those projects and that SMART was funding the multipurpose path. Councilmember Eklund asked for clarification on the train’s schedule. Mr. Thompson stated there weren’t timetables but an engineering study stated the trains serve on an alternating basis but that SMART retains the scheduling rights. Mr. Blunk reviewed the exchange details and restrictions on Federal fund usage. MOTION TO MOVE FORWARD WITH THE EXCHANGE ALSO ALLOCATION OF ADDITIONAL FUNDS FOR THE PROJECT AND ADOPT THE RESOLUTIONS AS PRESENTED BY STAFF M/S FRYDAY/ATHAS Councilmember Eklund stated local funds should not be used and suggested bifurcating or segmenting the project. Mayor Pro Tem Fryday stated the City committed to this project, found grant funds, and should complete before costs rise in the future. M/S FRYDAY/ATHAS AYES: 2 (FRYDAY, ATHAS) NAYS: 2 (DREW, EKLUND) ABSTAIN: 1 (LUCAN) The motion does not pass. Mayor Pro Tem Fryday stated he would like to reopen the discussion to bifurcate Phase 2 grants and have the City commit to find further grant funds.

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The Council took a brief recess at 8:10 p.m. and reconvened at 8:25 p.m. Ms. Nebb stated that Staff had an opportunity to discuss other options moving forward. Mr. Thompson stated that the Council could accept the OBAG grant and commit to matching $190,000 funds, and Staff could discuss with MTC and TAM the timing on whether it can be accepted without a plan in place to fully fund Phase 2. Staff recommended continuing the discussion at the May 23, 2017 Regular Council Meeting. The Council agreed to hear the item on that date. Councilmember Lucan rejoined the meeting.

3. REVIEW AND PROVIDE FEEDBACK ON WORKING DRAFT, CONSIDER EXPANDING SCOPE OF

STUDY, AND CONSIDER DIRECTING STAFF TO PREPARE FINAL DRAFT- NORTHWEST QUADRANT NEIGHBORHOOD FORM-BASED ZONING CODE – Community Development Director Bob Brown introduced Tony Perez and Megan Reineccius of Opticos Design, Inc. who gave a presentation on Form-Based Code for the Northwest Quad neighborhood. Councilmember Eklund asked if the form based code addressed multi-family units. Mr. Brown stated they would have to allow apartment owners to retain density and if allowed, there would be conflict with the size standards in the new code. Mayor Pro Tem asked if this would require or mandate anything of existing property owners and if it put any single home or property in danger of being changed involuntarily. Mr. Brown stated it would not and that changes were at the discretion of the property owners. PUBLIC COMMENT: 1. Edward Mainland – Support the plan and community engagement 2. Eleanor Sluis – Form-based code 3. Heather Nunn – Agree with form-based code 4. Marla Fields – Support form-based code 5. Dan Dawson – Support form-based code Councilmember Eklund asked if there were any disadvantages. Mr. Perez stated it only comes when agencies didn’t participate in the early drafting. Councilmember Drew asked about incentives for multi-unit owners to build less dense models. Staff stated they would incorporate suggestions and it would be presented with the General Plan.

4. DISCUSS, RECEIVE PUBLIC INPUT AND POSSIBLY TAKE ACTION ON TIMING AND FUTURE COMMUNITY OUTREACH OF SMART TRAIN QUIET ZONES FOR COUNCIL REVIEW AND REPORTING TO THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AT A JOINT CITY COUNCIL STUDY SESSION MEETING SCHEDULED FOR MAY 10, 2017 – CM Candelario introduced the item for Council comments and public comment. PUBLIC COMMENT: 1. Alice Hoffman – Quite Zone signs and implementation 2. Sigmund Herz – Quiet Zone safety

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3. Virginia Herz – Quiet Zone implementation MOTION TO TAKE NO ACTION AND RESERVE THE OPPORTUNITY TO GIVE FEEDBACK TO THE SAN RAFAEL COUNCIL AT A JOINT MEETING ON MAY 10, 2017 M/S/C LUCAN/ATHAS AYES: 3 (LUCAN, ATHAS, FRYDAY) NAYS: 2 (DREW, EKLUND)

5. REVIEW AND APPROVAL OF 2018 “SUMMER IN THE CITY” INTERN PROGRAM IN COLLABORATION WITH THE NOVATO UNIFIED SCHOOL DISTRICT – CM Candelario presented the item including discussion of first steps to meet with Novato Unified School District to help co-develop using references from the League of California Cities. Councilmember Drew requested including STEM emphasis for recruitment in engineering fields. Councilmember Eklund raised a Point of Order that the City Manager shouldn’t be writing a staff report. Ms. Nebb stated a report would be produced as a next step and the process was not on the agenda. CM Candelario stated the cost request of $20,000 was an estimate based on costs from similar programs. PUBLIC COMMENT: None. MOTION TO APPROVE THE SUMMER PROGRAM WITH COLLABORATION WITH NUSD AND STAFF HAS AUTHORIZATION TO PUT TOGETHER THE PROGRAM AND BRING DETAIL BACK AT A LATER DATE M/S FRYDAY/ATHAS AMENDED MOTION: STAFF TO DEVELOP THE SUMMER INTERNSHIP PROGRAM AND ARE AUTHORIZED TO SPEND $20,000 AS STATED IN THE STAFF REPORT M/S FRYDAY/ATHAS FRIENDLY AMENDMENT: ADDITION OF “CLASSES ENTAIL LEARNING ABOUT GOVERNMENT FUNCTIONS AND SERVICES INCLUDING ENGINEERING” Mayor Pro Tem Fryday accepted the amendment, Mayor Athas did not. Amendment does not pass. M/S/C FRYDAY/ATHAS AYES: 4 (DREW, LUCAN, FRYDAY, ATHAS) NAYS: 1 (EKLUND) Mayor Athas consulted the Council on continuing the meeting past 10:30 p.m. Council agreed to bifurcate the item to have the presentations from Staff and to deliberate at the May 16, 2017 Regular Meeting. MOTION TO CONTINUE THE MEETING PAST 10:00 P.M. M/S/C FRYDAY/LUCAN AYES: 5 NAYS: 0

6. PROVIDE DIRECTION TO STAFF ON PROPOSED FY 2017/18 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM BUDGET – Interim Finance Manager Maureen Chapman and Accounting Supervisor Gina Javier reviewed the General Fund Budget presentation and personnel budget requests. Deputy Director of Public Works Christopher Blunk reviewed the CIP Budget

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presentation. CM Candelario confirmed with the Council that all consolidated questions had been received since the previous presentation. PUBLIC COMMENT: None. Ms. Nebb confirmed that Public Comment will also be taken at the May 16th Meeting on this item.

K. COMMISSIONS, COMMITTEES, AND BOARDS’ (CCB) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees, or Boards.

L. WORK STUDY SESSION

No items were listed for this section. M. ADJOURNMENT IN MEMORY OF BRIAN PERSON FROM DOGBONE MEADOW

M/S/C LUCAN/FRYDAY AYES: 5 NAYS: 0

MEETING ADJOURNED AT 10:41 P.M.

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