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NOVATO CITY COUNCIL

MEETING MINUTES

NOVATO CITY HALL COUNCIL CHAMBER - 901 SHERMAN AVENUE

July 25, 2017 6:00 pm

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

The City Council regular meeting was called to order at 6:00 p.m.

COUNCIL PRESENT: Mayor Athas, Mayor Pro Tem Fryday, Councilmember Drew,Councilmember Eklund, Councilmember Lucan

Roll was called and all five Councilmembers were present, creating a quorum.

STAFF PRESENT: City Manager Regan Candelario, City Attorney Jeff Walter, City ClerkClaudia Laughter, Community Development Director Bob Brown, Director of Public WorksRuss Thompson, Director of Hamilton Base Reuse Scott Ward, Interim CommunityServices Director Kevin Conklin, Recreation Services Manager Elizabeth Tran, DeputyPublic Works Director Christopher Blunk

B. CLOSED SESSION ANNOUNCEMENTThere was no closed session scheduled.

C. CEREMONIAL MATTERS/PRESENTATIONS

1. PRESENTATION – Mayor Athas presented certificates to the Margie BurkeSpeech Contest Award Winners Connor Ruiz, Anna Sophia Gomes, JiboniGlostein, Pascale de Buren, and their teacher, Deborah Baraban, from San JoseMiddle School.

2. PRESENTATION – Mayor Athas recognized departing City Clerk ClaudiaLaughter.

3. PROCLAMATION – Mayor Athas presented a proclamation to Ken Winans andthe Novato Space Station Museum.

4. PROCLAMATION – Mayor Athas presented Interim Community ServicesDirector Kevin Conklin and his staff with a proclamation recognizing Parks andRecreation Month.

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D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT

Councilmember Eklund requested moving Item J-11 before Item J-10.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, the City Council approved the Final Agenda, Waiver of the Reading of Ordinance, Notices of Intent, and approved moving Item J-11 before Item J-10. Motion carried by roll call vote with AYES: 5 NAYS:

E. COUNCILMEMBER/CITY MANAGER REPORTS

E.1 - CITY MANAGER REPORT

City Manager Candelario reported on the following items: • The recruitment deadline for the Boards, Commissions, and Committees

Recruitment was July 27th. Their interviews with Council would take place on August 21st & August 22nd.

• Staff made minor changes to this meeting’s agenda items G-6 and G-7 based upon an inquiry from a Councilmember.

• He attended a Transportation Authority of Marin meeting and learned of new traffic data.

• The Economic Development Meeting was scheduled for July 27th. • Announced that City Clerk Claudia Laughter’s final day would be that week • The League of California Cities was scheduled to have its meeting on August

in Vallejo regarding cannabis issues. • The ribbon cutting for Bahia Park’s grand opening was delayed.

E.2 - COUNCILMEMBER REPORTS

• Councilmember Lucan reported that he attended the SMART Board Meeting, which he receivede an update on the status of when the train would begin to service the public. He also thanked staff for Sundays on Sherman, and commented on the success of the events.

• Mayor Pro Tem Fryday stated that there was no legislative committee meeting

in July. He announced the upcoming Concerts in Hamilton, and thanked the Public Works Staff for their prep work.

• Councilmember Drew reported that she attended the Marin Conservation

League Meeting, Concerts on the Green, and the Design Review Commission for Wood Hollow Hotel. She also reported that she did a ride along with Sgt. Chris Jacobs, who’s the Supervisor of the Police Department Novato Response Team, particularly providing outreach to the homeless.

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• Councilmember Eklund reported that she attended the Design Review Commission meeting regarding a proposed hotel. She also spoke of the joint meeting of the Metropolitan Transportation Commission /Association of Bay Area Governments (MTC/ABAG), which they discussed the Final Environmental Impact Report (EIR) and response to comments and Final Draft Plan Bay Area. This Councilmember also highlighted that MTC formed a CASA Committee, whose focus was to address various housing issues in the Bay Area. Lastly, Councilmember Eklund reported that Governor Jerry Brown signed into law SB 1, which would increase the vehicle license fees and gas taxes; however, a group has been formed to place an initiative on the 2018 ballot to repeal those tax increases.

• Mayor Athas reported that she attended a meeting with some members of

the Shia Ismaili Muslim faith community and with the City Manager, Chief of Police, and Chief of the Fire Department; a ribbon cutting for Feathered Nest at Ignacio; and a workshop on a hotel project. The Mayor also stated that she rode on a SMART train to San Rafael and back. Also, she reported that she met with community members regarding civic engagement; and attended the Chamber of Commerce monthly meeting, Design Review Commission Meetings for Bahia and Wood Hollow, the County Chamber Mixer, and Marin Clean Energy meeting. Mayor Athas thanked the City Manager for announcing the he League of California Cities event in Vallejo. She also recognized the Downtown Streets Team for assisting a family from becoming homeless.

F. PUBLIC COMMENTS:

1. Peter Mendoza – SMART Issues with ADA Access/bus stop 2. Paula Neese – Unmarked parking by Sentimental Journey 3. Veda Florez – Multicultural Commission Movie Nights

G. CONSENT CALENDAR

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Eklund, the City Council approved the Consent Calendar with the accepted stated changes on items G-6 & G-7 and the recusal of Mayor Pro Tem Fryday on Item G-7. Motion carried by roll call vote with AYES: 5 NAYS: 0. PUBLIC COMMENT: None

1. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 9, 2017

Council approved the minutes.

2. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 16, 2017 Council approved the minutes.

3. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 23, 2017 Council approved the minutes.

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4. ADOPT A RESOLUTION TO FIND THAT THE MARIN VALLEY MOBILE COUNTRY CLUB TRANSFORMER REPLACEMENT QUALIFIES AS AN EMERGENCY THAT WILL NOT PERMIT DELAY IN RESPONSE UNDER CALIFORNIA PUBLIC CONTRACTING CODE SECTIONS 1102 AND 22050(A)(2), AND AUTHORIZE THE CITY MANAGER TO PROCURE REPLACEMENT TRANSFORMERS AND THE SERVICES REQUIRED FOR INSTALLATION PURSUANT TO CALIFORNIA PUBLIC CONTRACTING CODE SECTION 22050(A)(1) Council adopted Resolution No. 2017-49.

5. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL ADOPTING AN AMENDMENT OF THE ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R1-7.5 TO PLANNED DISTRICT (PD) AND APPROVE THE OAKMONT SENIOR LIVING OF NOVATO MASTER PLAN TO ALLOW FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AS THE ASSIGNED LAND USE FOR A PORTION OF THE PARCEL AT 1461 SOUTH NOVATO BLVD., APN 151-022-09 IN ACCORDANCE WITH THE CITY OF NOVATO MUNICIPAL CODE, CHAPTER XIX, AND THE CONSERVATION AND PLANNING LAW OF THE STATE OF CALIFORNIA Council adopted Ordinance No. 1619.

6. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR “MARIN’S RETIREMENT HEALTH CARE BENEFITS: THE MONEY STILL ISN’T THERE” Council agreed to previously submitted edits from Councilmember Eklund and authorized the response.

7. ADOPT A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE HAMILTON LEVEE SEEPAGE COLLECTION PHASE 2-CIP PROJECT NO. 12-017, AS A FORCE ACCOUNT CONTRACT TO COASTSIDE CONCRETE AND CONSTRUCTION, INC., AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT Mayor Pro Tem Fryday recused himself from the vote on this item. Council approved Resolution No. 2017-050.

8. ADOPT A RESOLUTION TO AMEND THE 17/18 CAPITAL IMPROVEMENT PROGRAM BUDGET TO MODIFY THE FUNDING SOURCE OF CAPITAL IMPROVEMENT PROJECT NO. 18-006, DOWNTOWN SONOMA-MARIN AREA RAIL TRANSIT STATION PHASE II, FROM A LOAN FROM THE HAMILTON TRUST TO CITY FUNDS FORM TWO SOURCES: THE EQUIPMENT REPLACEMENT FUND (605) AND THE EMERGENCY AND DISASTER RESPONSE RESERVE (299) Council approved Resolution No. 2017-051.

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

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J. GENERAL BUSINESS

9. COMMUNITY GARDEN UPDATE AND FUTURE LIEB PROPERTY CONSIDERATION AS A POTENTIAL LOCATION OF THE COMMUNITY GARDEN AT 1521 HILL ROAD, ACROSS FROM THE MARGARET TODD SENIOR CENTER AND HILL RECREATION AREA

Public Works Director Russ Thompson and Recreation Services Manager Elizabeth Tran gave a presentation to the Council regarding the Lieb Property and potential for the Community Garden location.

PUBLIC COMMENTS: 1. Veronica Valero – Novato Live Well Network – history and support of project 2. Paula Neese – Support the project 3. Fred Reece – Support the project – distributed handout 4. Matt (no last name given) – Support the project 5. David Selzer – Support the project 6. Tina McMillan – Support the project 7. Don Foster – Support the project 8. Veda Florez – Support the project

COUNCIL ACTION: Upon motion by Mayor Pro Tem Fryday and seconded by Mayor Athas to give direction to staff to proceed with the planning process and community engagement and review the status of the group as a non-profit, so that fees are not charged for the further continuation of the Community Garden Project. Motion carried unanimously by roll call vote with AYES: 5 NAYS: 0. Council took a five minute break and returned to review Item J-11 before Item J-10, which they had agreed upon at the Approval of the Final Agenda.

11. APPROVE A RESOLUTION APPOINTING PERSONS TO WRITE THE

ARGUMENT IN FAVOR OF MEASURE REVISING THE URBAN GROWTH BOUNDARY MEASURE ON THE NOVEMBER 2017 BALLOT

City Manager Regan provided the public with a brief account that the City was pursuing this ballot measure. City Clerk Claudia Laughter reviewed the options presented in the resolution for Council to choose the manner of the ballot measure argument to be written. City Attorney Jeff Walter reminded the Council that the argument was to be written by the Council and any staff involvement would be restricted to their own time and resources.

PUBLIC COMMENTS: 1. Max Perrey of the Sierra Club – He supported the ballot measure. 2. Susan Stompe of the Marin Conservation League – She supported the ballot

measure.

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COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew to sign the ballot argument and form an ad hoc committee to author the ballot measure and receive input from community organizations.

Motion carried unanimously by roll call vote with AYES: 5 NAYS: 0. Council took further action. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas to appoint Mayor Pro Tem Fryday and Councilmember Eklund to work with environmental groups to author the argument in favor of the Urban Growth Boundary Ballot Measure. Motion carried unanimously by roll call vote with AYES: 5 NAYS: 0.

10. STRATEGIC PLAN UPDATE, PROPOSED SCHEDULE, AND REVIEW OF

THE PROCESS TO ADDRESS THE CITY-OWNED FEDERAL LANDS-TO-PARKS SITES IN HAMILTON, STRATEGIC PLAN ITEM 3C

City Manager Candelario presented this item to Council in which there were two distinct parts for Council to review and consider. The first part was for Council to be given a) an update on the Strategic Plan, and b) Council to review information on where the City was in the process of these current three years; and, for Council to discuss with Staff the next steps in moving forward with future community workshops to finalize a new three-year strategic plan document. The second part had to do with the Strategic Plan Item 3c (Hamilton). The City Manager stated that his goal was to obtain direction from Council. He then proceeded to review the list of actions related to the City-owned properties at Hamilton that were stated in the staff report. He also provided a proposed schedule for when to discuss this item with Council and the community.

Much discussion ensued from Councilmember Eklund. She asked City Attorney Jeff Walters if it was legal for Council to discuss the agenda item she had proposed to Council on May 2, 2017; because, even though it was approved by the Council at that time, it was not included in this evening’s staff report. She compared the difference between the staff report and the agenda item, which she brought forward to discuss and provide direction on options on how to proceed in carrying out the Strategic Plan Objective 3c for the City owned Hamilton properties which stated: “Once restrictions are removed evaluate and engage a process to more fully utilize City owned properties while respecting the historical nature of these assets.” Councilmember Eklund also stated the Council had not provided direction or even had a discussion on what to do with the City-owned properties at Hamilton. Thus, she questioned City Attorney Jeff Walters if there was latitude to discuss Item 3c at tonight’s meeting.

City Attorney Walters responded that the staff report did not mention Item 3c as being Councilmember Eklund’s item. He said that aside from the City Manager

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stating that this item was driven by her initial request, the agenda itself only talked about the process on how to interpret Item 3c and it sets forth dates, which Council could revisit those issues later. He said that it seemed that the City Manager was attempting to incorporate some comments of Councilmember Drew’s items with

Councilmember Eklund’s in some fashion and that this was just a scheduling discussion tonight. The City Attorney stated that tonight’s discussion was process only, and not discussing the meaning of section 3c and what it entailed. In response to a question from Councilmember Eklund as to whether the substance of her item in relation to the Strategic Plan 3c could be discussed tonight, City Attorney Walters stated that Councilmember Eklund’s item was not before the Council tonight, only the scheduling and process were. Councilmember Eklund then asked if she could have her item added to the agenda of August 29, 2017 for discussion of the definition or wording of Item 3c. The City Attorney stated it could be included in the timeline if a majority of the Council agreed. Mayor Athas then restated that the process, not the wording, would be discussed at tonight’s Council meeting. Additionally, she reiterated from earlier the City Manager’s preference to have one-to-one meetings between himself and the Council; but if it’s details concerning the strategic plan, then those details would be submitted to staff for discussion at future workshops.

Thereafter, the Mayor called on Council for questions. Councilmember Drew expressed her concerns about the City Manager giving direction to Council about having these one- to-one meetings with Council about this item stifling public discussion. Furthermore, she didn’t agree that tonight’s item was only about scheduling. She was confused by the wording and lack of substance in the staff report. She inquired what projects had been finished and what was still in process. In addition, Councilmember Drew asked if staff was continuing to move forward towards the request for proposals (RFP) process that staff identified and that staff was identifying in keeping with the status quo. The City Manager responded that staff was not in the process of going towards an RFP. Mayor Pro Tem Fryday shared his understanding of what was to be the process that evening, seeking confirmation from the City Manager, which the City Manager affirmed. Councilmember Eklund recollected the Council meeting of May 24, 2016, when staff was supposed to write Council’s directions from that evening and incorporate them into the strategic plan for review at another scheduled Council meeting. However, the Councilmember stated that they were not. She questioned why staff felt they had to do another three-year strategic plan and why Council couldn’t take the approach to extend the current three-year strategic plan.

Councilmember Lucan expressed his discouragement on how the meeting was turning out due to the questioning of staff’s work ethic and integrity. He

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recommended that Council hear public comment. Then, he mentioned that he wanted to move this item forward.

PUBLIC COMMENTS: 1. Joan Goode – She expressed her confusion of what was taking place, shared

her concern of the 3ccontent, requested that community benefit be added to the Strategic Plan, and would like to have an opportunity for community input at the upcoming workshops.

2. Tracey Ruiz – She also shared her perplexity of this item, questioned the wording of the agenda item, and commented on the limited time to speak on this matter when there were many issues within the document to discuss. Ms. Ruiz also stated that she understood that the Strategic Plan was a rolling document and that she wanted an opportunity to discuss it.

Per the Mayor’s request, City Manager Candelario recapped the proposed schedule from the staff report for discussing the Strategic Plan, including the proposed several community meetings.

Councilmember Drew questioned when the old Strategic Plan would end and when the new Strategic Plan would begin.

The following motion was made:

Upon motion by Councilmember Lucan and seconded by Mayor Pro Tem Fryday to receive the current Strategic Plan Update from staff, including the schedule to kick off the next planning process starting on October 17th. However, before the above motion was voted on by the Council, Councilmember Eklund proposed an amendment to Councilmember Lucan’s motion. The following action took place. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew to add a Council meeting item on August 29, 2017 to review and take action to approve the modified Strategic Plan for 2015-2018 that incorporated the changes as directed by Council on May 24, 2016. Motion failed by roll call vote. AYES: 2 (EKLUND, DREW) and NAYS: 3 (LUCAN, FRYDAY, ATHAS)

Next, the Council voted on the main motion made by Councilmember Lucan and seconded by Mayor Pro Tem Fryday, which was the following motion:

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COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Pro Tem Fryday to receive the current Strategic Plan Update from Staff, including kicking-off the process dates as scheduled.

Motion passed by roll call vote. AYES: 3 (LUCAN, FRYDAY, ATHAS) NAYS: 2 (EKLUND, DREW) Per the Mayor, Staff was told that they may proceed with the timeline of dates. Thereafter, City Manager Candelario received questions from Councilmember Drew such as when Councilmember Drew’s item was going to be heard and what was the title. She also asked staff to provide options, other than what staff stated making Hamilton a focused area of the General Plan or an amendment to the Hamilton Resuse Plan. The City Attorney stated that his office would work with staff to provide options. Councilmember Eklund asked the City Manager when her item would be placed on the City Council agenda, because only tonight could they discuss process but not wording. The Councilmember stated that at the appropriate time, she would like to make a motion that her item be placed on August 29, 2017 to discuss what Item 3c means. The City Manager agreed to do that.

PUBLIC COMMENTS: 1. Tracey Ruiz – She shared her concern about lack of community input

Strategic Plan. She asked the Council to reject the 3c status quo as it relates to Hamilton.

2. Joan Goode – She opined that this item was too big of an issue to discuss in the short amount of time that evening. Furthermore, she felt the item should just have focused on scheduling. She added that 3c should not be left as it was, because it did not match the most recent version of the General Plan.

The City Manager added his agreement that “community benefit” be added and that there be clarity on 3c regarding Hamilton. Moreover, he addressed the Mayor’s questions regarding the public seeing the changes of the Strategic Plan and being noticed of community workshops. Councilmember Drew read a portion of the staff report questioning the City Manager on which Council provided the direction that staff needed to not change the verbiage of Strategic Plan item 3c. City Manager Candelario answered that he did not know, but that this Council gave direction. The same Councilmember stated that the Strategic Plan did not give direction and had been updated every three months. The following motion was made:

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Upon motion by Councilmember Eklund to place on the August 29, 2017 Council agenda the proposed agenda item (from Councilmember Eklund) to discuss and provide direction on what item 3c means, once restrictions are removed and to evaluate and engage a process to more fully utilize City-owned properties while respecting the historical nature of these assets, what that means and to discuss and provide direction on options. Councilmember Drew proposed a friendly amendment to the main motion by including Objective 3, because item 3c is under Objective 3 and it must be interpreted under that concept. Councilmember Eklund, the maker of the motion accepted the proposed amendment.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew to place Objective 3 on the August 29, 2017 Council agenda, including the proposed agenda item to discuss and provide direction on what item 3c means, once restrictions are removed and to evaluate and engage a process to more fully utilize City-owned properties while respecting the historical nature of these assets, what that means and to discuss and provide direction on options on how to proceed.

Motion failed by roll call vote. AYES: 2 (EKLUND, DREW) NAYS: 3 (LUCAN, FRYDAY, ATHAS)

Mayor Pro Tem Fryday asked the City Manager to confirm that there would be a discussion of what the several options were, then review with the community before presenting to Council for their direction, because he didn’t want Council to give direction to Staff until the community was engaged.

12. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF SUPPORT FOR ASSEMBLY BILL 435 (THURMOND) – CHILD CARE SUBSIDY PLANS: COUNTIES OF ALAMEDA, CONTRA COSTA, MARIN, AND SONOMA

Councilmember Eklund stated she had pulled the item at the July 11, 2017 Council Meeting to have the Mayor, not the City Manager, sign the Letter of Support.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew to authorize the Mayor to sign a letter of support for Assembly Bill 435 (Thurmond) – Child Care Subsidy Plans: Counties of Alameda, Contra Costa, Marin, and Sonoma. Motion carried unanimously by roll call vote with AYES: 5 NAYS: 0. 13. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF OPPOSITION

FOR SENATE BILL 649 (HUESO) – WIRELESS TELECOMMUNICATIONS FACILITIES

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Councilmember Eklund stated she had pulled the item at the July 11, 2017 Council Meeting to have the Mayor, not the City Manager, sign the Letter of Support.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew to authorize the Mayor to sign a letter of opposition for Senate Bill 649 (Hueso)- Wireless Telecommunications Facilities Motion carried unanimously by roll call vote with AYES: 5 NAYS: 0.

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 RAFAEL SILVA

On behalf of Councilmember Lucan the meeting was adjourned in memory of Rafael Silva. The meeting ended at 9:55 p.m.

Minutes recorded, prepared and respectfully submitted by: Claudia Laughter (former City Clerk) and Terrie Gillen (current City Clerk)

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