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NOVATO CITY COUNCIL

MEETING MINUTES

NOVATO CITY HALL COUNCIL CHAMBER

901 SHERMAN AVENUE

Tuesday, October 24, 2017 6:00 P.M.

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL The regularly scheduled Council meeting began at approximately 6 p.m. COUNCIL PRESENT: Mayor Denise Athas, Mayor Pro Tem Josh Fryday, Councilmember Pam Drew, Councilmember Pat Eklund, and Councilmember Eric Lucan

STAFF PRESENT: City Attorney Jeff Walters, Assistant City Manager Michael Antwine, City Clerk Terrie Gillen, Community Development Director Bob Brown, Public Works Director Russ Thompson, Police Chief Adam McGill, Deputy Director of Public Works Chris Blunk, Accounting Supervisor Maureen Chapman, and Principal Human Resources Analyst Gail Papworth

B. CLOSED SESSION ANNOUNCEMENT

There was no closed session item scheduled.

C. CEREMONIAL MATTERS / PRESENTATIONS

Proclamation: North Bay Science Discovery Day Mayor Athas presented to Dr. Susan Magnone a proclamation recognizing

October 28, 2017 as North Bay Science Discovery Day. Proclamation: Recognition of Lori Simpkins Lori Simpkins, who was the Administrative Technician in the Novato

Parks and Recreation Department, was recognized by the City Council and staff for her many years of service and wished her well in her retirement.

Presentation: Introduction of New Employees Christine Russell, Management Analyst in the Human Resources

Department, provided a presentation to the City Council on the recent new employees and promoted employees since March of 2017 to present. Many of these new and promoted employees were in attendance.

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Presentation: Update on North Bay Fires Public Works Director Russ Thompson spoke about the numbers of

structures that had been burnt in Sonoma and Napa counties, three City employees who lost their homes, 21 employees who were evacuated, staging area for evacuees, City’s receipt of many emails and phone calls concerned about the City’s open spaces, the Novato Fire Protection District website as a good resource for residents, and suggested to Council maybe they would like to later on direct staff on assessing the City’s open spaces a few hundred acres at a time to see what type of fire prevention (resources and staff) was needed. D. APPROVAL OF THE FINAL AGENDA

Councilmember Eklund expressed her concern for the lengthy agenda and asked if some of the items could be tabled to another meeting. Staff explained that the staff was ready to move forward with those items and that the next Council meeting was scheduled for November 14. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Drew, the City Council voted 5-0 via roll call to approve the Final Agenda. AYES: LUCAN, FRYDAY, DREW, EKLUND, ATHAS NOES: None. Motion carried.

E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER

City Council Reports

1. Mayor Pro Tem Fryday reported that he attended the Legislative Committee meeting regarding 2018 bills (water conservation, energy, park fund, reversal of Gas Tax).

2. Councilmember Drew reported on the following:

• From the Measure F Annual Report, the Committee recommended that the City focus on fiscal sustainability, including looking at its infrastructure, services, staffing, and staff’s pay and benefits.

• She attended OctoberFest at the Greek Orthodox Church. • The Councilmember also advertised Margaret Todd Senior Center’s

Produce Market on Wednesday mornings.

3. Councilmember Eklund reported on the following: • She participated in the Safe Routes to Schools Walk-along on

Vineyard Road. She thanked Councilmember Lucan and staff for attending. At that time, she heard from parents, who were requesting safe routes.

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• On October 13th, the Councilmember had a joint Association of Bay Area Governments (ABAG) Administrative Committee Meeting with the Metropolitan Transportation Commission (MTC) Planning Committee regarding CASA. At the meeting, she stated that the small and medium size cities were not recognized. As a result, Councilmember Eklund was informed that CASA was considering a regional housing allocation as a production number rather than a planning number.

• She announced that tomorrow she would be attending the MTC meeting in San Francisco along with the Technical Meeting.

4. Councilmember Lucan made several comments.

• He praised the communication that went out in response to the fires.

• He mentioned that because of the fires, the SMART Board had not yet met and the train was on a limited schedule. However, now, all’s back to normal. The increase of ridership had gone up.

5. Mayor Athas reported on the following:

• She attended a Soroptimist meeting, where learned that Kenyan girls had limited access to education in their country.

• She met with Greenbelt Alliance Group regarding Measure D. • Mayor Athas attended a Novato Business Group event, which

Councilmember Lucan and Community Development Director Brown also attended.

• She attended a Sutter Hospital fundraising event for women, who don’t have the financial means to obtain mammograms.

• She also attended the Freaky Friday Fundraiser. • The Mayor also provided a proclamation to the Baha’i Faith

Bicentennial. • She went to the October Fest at the Greek Church. • She thanked Assistant City Manager Antwine for meeting with her

and the Habitat for Humanity group.

F. PUBLIC COMMENTS

1. Victoria Worch, Director of Leadership Novato of the Novato Chamber, introduced the students of that class and invited the City Council to attend her class.

2. Matt sang to the City Council the Addams Family T.V. song in celebrating Halloween.

G. CONSENT CALENDAR

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to approve the Consent Calendar, excluding consent items G-1. AYES: EKLUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None.

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1. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY This is a standard procedural action to waive any first reading of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety, only the ordinance’s title.

2. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF JULY 25, 2017

This item was pulled for further discussion and would be discussed at the end of the meeting.

3. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 12, 2017

4. APPROVE CITY COUNCIL CLOSED SESSION MEETING MINUTES OF SEPTEMBER 12, 2017

5. APPROVE CITY COUNCIL WORKSHOP MEETING MINUTES OF SEPTEMBER 19, 2017

6. APPROVE CITY COUNCIL CLOSED SESSION MEETING MINUTES

OF SEPTEMBER 26, 2017

7. APPROVE THE MASTER SUBSCRIPTION AGREEMENT AND SERVICE LEVEL AGREEMENT WITH GRANICUS INC. IN THE A MOUNT OF $113,315.45 FOR UPGRADED SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME

8. ADOPT AN ORDINANCE AMENDING CHAPTER 1 OF THE

MUNICIPAL CODE TO ADD NEW SECTION 1-7 (ADMINISTRATIVE CITATION AND PENALTY) TO CREATE CITATION AUTHORITY FOR ENFORCEMENT OF CODE VIOLATIONS AND AMENDING SECTION 1-2 (DEFINITIONS)

The City Council adopted Ordinance No. 1623.

9. AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH WHITLOCK & WEINBERGER TRANSPORTATION, INC. TO INCREASE THE TOTAL COMPENSATION BY $20,000 FOR A TOTAL AMOUNT OF $65,000 TO PROVIDE TRAFFIC ENGINEERING SERVICES

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10. ADOPT A RESOLUTION TO PROVIDE PAID TIME OFF (“DISASTER LEAVE”) FOR ELIGIBLE EMPLOYEES WHO WERE DIRECTLY IMPACTED BY THE NORTH BAY FIRES

The City Council adopted Resolution No. 2017-070. H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARINGS

11. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION 14-16 OF THE NOVATO MUNICIPAL CODE TO CHANGE THE TITLE THEREOF, ADDING REGULATIONS ADDRESSING CONTROLLED SUBSTANCES AND/OR MARIJUANA, AMENDING DEFINITIONS, AND ADDING SPECIFIC PENALTY AND FINE PROVISIONS (SOCIAL HOST ORDINANCE)

Lt. Howard introduced this ordinance to the City Council in which he spoke of the proposed changes to the ordinance and to the Restorative Justice programs. Afterwards, the City Council and staff spoke about the Youth Court through the YMCA, statistics of repeat offenders, juvenile records, and who would be receiving the citation if the event was at a hall. Public Comments:

• Joshua Rowe and Abby Smith, with the Youth Leadership Institute of the Marin County Youth Commission, thanked the City Council, Lt. Howard, and Novato Blue Ribbon Commission for meeting with them about to discuss ordinance and make some changes. They support the ordinance.

• Berta Campos-Anicetti, Chair of the Alcohol and Marijuana Action Committee of the Novato Blue Ribbon Coalition and Novato Youth Center, thanked the Novato Police Department for listening to their requests. She thanked the entire City Council.

• Anna Salem, with the Youth Leadership Institute, addressed the Restorative Justice questions.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to hold the public hearing and introduce the ordinance. AYES: EKLUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None. Motion carried.

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12. MORATORIA ON CANNABIS ACTIVITIES: HOLD A PUBLIC HEARING AND CONSIDER ADOPTING AN INTERIM ORDINANCE EXTENDING FOR ONE YEAR A MORATORIUM ON THE OUTDOOR CULTIVATION OF NONMEDICINAL CANNABIS, APPROVE A REPORT ON THE STEPS TAKEN TO ALLEVIATE CONDITIONS LEADING TO ADOPTION OF THE MORATORIUM, AND MAKE FINDINGS THAT SAID ADOPTION IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS. HOLD A PUBLIC HEARING AND CONSIDER ADOPTING AN INTERIM ORDINANCE EXTENDING FOR ONE YEAR A MORATORIUM ON THE INDOOR CULTIVATION OF NONMEDICINAL CANNABIS, EXCEPT UNDER CERTAIN CIRCUMSTANCES, APPROVE A REPORT ON THE STEPS TAKEN TO ALLEVIATE CONDITIONS LEADING TO ADOPTION OF THE MORATORIUM AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS.

Mayor Athas read both Items I-12 and J-20. City Attorney Walters provided background information on the moratoria for Item I-12 and mentioned that the moratoria would expire in November 2017. He asked for an extension so that staff could develop a comprehensive program. He went on to explain the proposed ordinance of Item J-20 in that the State would begin to issue permits, from seed to sale, of cannabis businesses on January 1, 2018. He asked the City Council if they wanted to permit cannabis businesses, and if they do then they need to develop a regulatory scheme. The City Attorney continued to provide the City Council more information on what they should consider should they adopt the third urgency cannabis moratorium, including permitting testing laboratories. The City Council and staff conversed at length about carving out home deliveries from the third proposed ordinance, what that risk would be to the City, how soon could the City carve that out of the ordinance, concerns that the State would regulate without the permission of the City should the City not take any action, known testing of cannabis businesses, testing labs, potential development agreement, zoning for laboratory using hemp, looking at other cities like Vallejo as examples of how they written up their development agreements, consider what type of tax should be implemented, and possible ballot measure in the future. (At this point of the Council meeting, the audio/sound system stopped working.) Scott Candell, with CB Labs, commented on this item.

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The City Council and staff continued to discuss the proposed cannabis moratoria agenda items mentioned in I-12 and J-20. They conversed about carving out the businesses that perform home deliveries and entering into Development Agreements with those businesses. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to adopt the interim ordinance extending for one year a moratorium on the outdoor cultivation of nonmedicinal cannabis, approve a report on the steps taken to alleviate conditions leading to adoption of the moratorium, and make findings that said adoption is exempt under CEQA pursuant to CEQA guidelines section 15061, among other provisions. AYES: EKLUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None. Motion carried.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 5-0 via roll call to adopt the interim ordinance extending for one year moratorium on the indoor cultivation of nonmedicinal cannabis, except under certain circumstances, approve a report on the steps taken to alleviate conditions leading to adoption of the moratorium, and make findings that said adoption is exempt under CEQA pursuant to CEQA guidelines section 15061, among other provisions. AYES: LUCAN, ATHAS, DREW, EKLUND, FRYDAY NOES: None. Motion carried. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to carve out, from the proposed urgency ordinance in Agenda Item J-20, CB Labs, confirm facility at Bel Marin Keys, and have options for the City Council to discuss a development agreement. AYES: EKUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None. Motion carried. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 5-0 via roll call to carve out, from the proposed urgency ordinance in Agenda Item J-20, for home delivery businesses and have options for the City Council to discuss a development agreement.

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AYES: LUCAN, ATHAS, DREW, EKLUND, ATHAS NOES: None. Motion carried. As a result from the City Council’s request for the carve outs, the City Attorney stated that he would make the changes to the proposed interim urgency ordinance, which was imposing a moratorium on indoor and outdoor cultivation of medical cannabis, and bring the ordinance with the added changes back to the City Council at the next meeting.

13. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE

MODIFYING THE RADAR ENFORCEABLE SPEED LIMIT FROM 45 MPH TO 40 MPH IN BOTH DIRECTIONS ALONG THE SEGMENT OF NOVATO BOULEVARD BETWEEN THE WEST CITY LIMIT AND THE REAR PARKING LOT OF SAN MARIN HIGH SCHOOL, AND FINDING THE MODIFICATION EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (b)(3)

After the Public Works Deputy Director Blunk gave his presentation, the Council and staff spoke about enforcement, speed zones at high schools and middle schools, and lessoning the speed limit. There was one public comment, and it was from Susan White. She said that she was familiar with the area and supported the speed limit.

COUNCIL ACTION: Upon motion by Mayor Pro Tem Fryday and seconded by Councilmember Drew, the City Council voted 5-0 via roll call to introduce the ordinance and find the modification exempt from the CEQA requirements pursuant to CEQA guidelines section 15061(b)(3). AYES: FRYDAY, DREW, EKLUND, LUCAN, ATHAS NOES: None. Motion carried.

14. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING

AN AMENDMENT TO THE PACHECO MEADOWS OPEN SPACE EASEMENT TO PERMIT PUBLIC ACCESS AND THE CONSTRUCTION OF TRAILS BY THE COUNTY OF MARIN; DIRECTING THE CITY MANAGER TO EXECUTE THE REVISED EASEMENT AND TAKE ALL SUCH ACTION NECESSARY TO EFFECTUATE THE RECORDATION THEREOF; AND FINDING THAT THE APPROVAL THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

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Public Works Deputy Director Blunk also presented the proposed Pacheco Meadows Open Space easement amendments to the City Council.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 5-0 via roll call to adopt the resolution as stated. AYES: LUCAN, ATHAS, DREW, EKLUND, FRYDAY NOES: None. Motion carried.

The City Council adopted Resolution No. 2017-071.

15. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS APPROVING AMENDMENTS TO THE DOWNTOWN NOVATO SPECIFIC PLAN TO ALLOW FREESTANDING SIGNS ON PROPERTIES ZONED PLANNED DISTRICT IN THE DOWNTOWN NOVATO SPECIFIC PLAN AREA, AMENDING THE WOODSIDE OFFICE CENTER PRECISE DEVELOPMENT PLAN TO CONDITIONALLY PERMIT TWO FREESTANDING SIGNS TO BE PLACED AT THE OFFICE CENTER, AND MAKING FINDINGS THAT THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) & 15311

The City Council and Planning Manager Steve Marshall Council conversed about this item.

COUNCIL ACTION: Upon motion by Mayor Athas and seconded by Councilmember Lucan, the City Council voted 4-1 via roll call to adopt the resolution amending the Downtown Novato Specific Plan Implementation Policy 17 to allow freestanding signs on parcels zoned planned district which such signs are allowed by inclusion in an approved Precise Development Plan. AYES: LUCAN, ATHAS, DREW, FRYDAY NOES: EKLUND Motion carried.

The City Council adopted Resolution No. 2017-072. Next, the City Council voted on the second resolution.

COUNCIL ACTION: Upon motion by Mayor Pro Tem Fryday and seconded by Councilmember Lucan, the City Council voted 4-1 via roll call to adopt the resolution approving amendments to the Woodside Office Development Precise Development Plan (City Council Resolution No. 79-00) to allow freestanding signs.

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AYES: FRYDAY, LUCAN, DREW, ATHAS NOES: EKLUND Motion carried.

The City Council adopted Resolution No. 2017-073. The Council subsequently voted on the CEQA findings.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 4-1 via roll call to make findings that these actions were CEQA exempt pursuant to CEQA Guidelines Section 15061(B)(3) & 15311. AYES: LUCAN, ATHAS, DREW, FRYDAY NOES: EKLUND Motion carried.

16. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE

AMENDING CHAPTER 19 OF THE NOVATO MUNICIPAL CODE TO CLARIFY APPLICATIONS SUBJECT TO DESIGN REVIEW, CLARIFY DESIGN REVIEW AUTHORITY, INCREASE THE RADIUS FOR MAILED PUBLIC NOTICES AND REQUIRE THE POSTING OF AN ON-SITE NOTIFICATION SIGN FOR CERTAIN APPLICATION TYPES, AND FINDING THAT THE ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3)

Community Development Director provided a presentation to Council showing the Noticing Tiers for Private Development Projects, project webpages, on-sight notification signage, mailed notice format, the existing design review table, and a proposed design review table. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 4-1 via roll call to introduce the ordinance. AYES: LUCAN, ATHAS, DREW, FRYDAY NOES: EKLUND Motion carried.

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J. GENERAL BUSINESS

17. RECEIVE A REPORT AND APPROVE PROPOSED PUBLIC ENGAGEMENT POLICIES AND PRACTICES FOR THE PUBLIC WORKS DEPARTMENT FOR CITY FUNDED CAPITAL IMPROVEMENT PROJECTS

Public Works Director Thompson also gave a presentation to the City Council regarding noticing requirements pertaining to large projects and standard projects, current process vs the proposed process, proposed outreach tiers, and costs. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, the City Council voted 5-0 via roll call to receive the report and approve the proposed public engagement policies and practices. AYES: EKLUND, DREW, LUCAN, FRYDAY, ATHAS NOES: None. Motion carried.

18. CONSIDER ADOPTING A RESOLUTION REVISING THE MISSION,

ROLES, AND RESPONSIBILITIES OF THE EXISTING ECONOMIC DEVELOPMENT ADVISORY COMMISSION TO INCREASE MEMBERSHIP FROM FIVE TO SEVEN AND MAKE OTHER MISCELLANEOUS CHANGES TO THE ESTABLISHED DUTIES OF THIS COMMITTEE TO MORE ACCURATELY REFLECT THEIR FUNCTIONAL ROLE

Senior Management Analyst Jessica Deakyne brought this item before Council. Afterwards, the City Council and staff talked about the role of the ex-officios and if it was a needed position, and the process on how to recruit the additional two members.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas, the City Council voted 5-0 via roll call to adopt the resolution. AYES: LUCAN, ATHAS, DREW, EKLUND, FRYDAY NOES: None. Motion carried.

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19. RECEIVE AND FILE THE REPORT REGARDING THE REVENUE AND EXPENDITURES OF THE CITY’S GENERAL FUND FOR THE 1ST QUARTER OF FISCAL YEAR 2017-2018

Assistant City Manager Antwine highlighted both the revenue, including a surplus, and expenditures. Mayor Pro Tem Fryday asked staff to come back to Council to discuss the surplus and possibly do something for the employees since they contributed to the surplus.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to receive and file the report. AYES: EKLUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None. Motion carried.

20. CONSIDER ADOPTING AN INTERIM URGENCY ORDINANCE

IMPOSING A MORATORIUM ON THE OUTDOOR AND INDOOR CULTIVATION OF MEDICINAL CANNABIS, EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ALL COMMERCIAL CANNABIS ACTIVITIES, AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS.

This item was discussed with Item I-12. K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’s) APPOINTMENTS There were no items listed for this section. L. WORK STUDY SESSION There were no items listed for this section. M. ADJOURNMENT The City Council adjourned in memory of those who had been affected by the fire and in memory of John Stuber. The meeting ended at 11:28 p.m. Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, CMC City Clerk

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