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NOVATO CITY COUNCIL

REGULAR MEETING MINUTES

to be held at

NOVATO CITY HALL

COUNCIL CHAMBERS 901 SHERMAN AVENUE

January 9, 2018

6:00 P.M.

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL At approximately 6:05 p.m., the regular City Council meeting began. Mayor Josh Fryday welcomed all to the New Year and to the Council Chambers. He thanked the Novato Unified School District and Margaret Todd Senior Center for hosting the Council meetings, while the Chambers were upgraded. He also thanked the Community Media Center of Marin, Novato Community Television, and Cora Data for their information and technical support and equipment. He especially recognized and thanked Information Technology Manager Scott Sanders for managing this entire process.

COUNCIL PRESENT: Mayor Josh Fryday, Mayor Pro Tem Pam Drew, Councilmember Denise Athas, Councilmember Pat Eklund, and Councilmember Eric Lucan STAFF PRESENT: City Attorney Jeff Walters, City Manager Regan Candelario, Assistant City Manager Michael Antwine, City Clerk Terrie Gillen, Public Works Director Russ Thompson, Community Development Director Bob Brown, Information Technology Manager Scott Sanders, Planning Manager Steve Marshall, Deputy Director of Public Works Scott Blunk, Recreation Services Manager Liz Tran, Recreation Services Manager Kevin Conklin, Recreation Supervisor/ Cultural Arts Katie Gauntlett, Recreation Coordinator Kendric Baccei, and Chief Adam McGill

B. CLOSED SESSION ANNOUNCEMENT

City Attorney Jeff Walters stated that the City Council met in closed session to discuss an existing litigation:

Emma Simmons v Dante Anthony Restivo, City of Novato, et al. Marin County Superior Court Case No. CIV 1604541.

Then, the City Council gave direction to Attorney Todd Master, and made no further action.

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C. CEREMONIAL MATTERS/PRESENTATIONS Although there were no ceremonial matters, Mayor Fryday recognized that

today was National Law Enforcement Day and thanked Chief McGill and the Police Department for their service.

1. Presentation: Presentation by Parks, Recreation and Community

Services regarding the Special Events Program Recreation Supervisor/ Cultural Arts Katie Gauntlett and Recreation Coordinator Kendric Baccei reported on the various events that the Parks & Recreation Department provide to the community, and showed a video highlighting its successes. They also spoke about upcoming 2018 events. D. APPROVAL OF THE FINAL AGENDA Councilmember Eklund made the motion to move the Final Agenda, but

requested that item J-21, City Council Quarterly Review, be removed and scheduled for the January 23rd Council meeting.

City Manager concurred to bring this item back, including the proposed items

by Mayor Pro Tem Drew and Councilmember Eklund on January 23rd and that staff would be bringing back the format that was utilized at the Council meeting of September 26, 2017.

COUNCIL ACTION: Upon motion by Councilmember Eklund and

seconded by Councilmember Drew, the City Council voted 5-0, via roll call, to approve the Final Agenda with agenda item J-21 removed and brought back to the January 23, 2018 Council meeting, and combined with the review of the City Council Agenda Items.

AYES: EKLUND, DREW, LUCAN, FRYDAY, ATHAS NOES: None. Motion carried. E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER

City Manager Report City Manager Candelario provided the following report:

• The City would be celebrating its anniversary on January 19th at the Buck Institute for Research on Aging.

• The Planning Academy would take place this Thursday, January 11th. • The public, who are physically at the Council meetings, could now

keep track of the agenda items or where we are at during the meetings by looking at the monitors.

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City Council Reports 1. Councilmember Eklund reported that the first Family Movie Night would

be on January 20th at the Gymnastics Center. She also mentioned that she would be attending the League of California Cities (LOCC) Environmental Policy meeting and the first Association of Bay Area Governments (ABAG) meeting of the year.

2. Councilmember Lucan stated that he had nothing to report out. 3. Councilmember Athas provided the following report:

• She announced that tomorrow night the (Novato) Chamber of Commerce would be having their honors dinner at the Marin Country Club.

• She attended the LOCC North Bay Division Strategic Planning Day event.

• The Councilmember met with Senator McGuire. • She also met with the Age Friendly Committee.

4. Councilmember Drew mentioned that she attended the Marin County

Behavioral Health Meeting and talked about the service they provided. She also reported that she attended her first Mayor/ Mayor Pro Tem scheduling meeting.

5. Mayor Fryday thanked the public for their patience with this first meeting.

He reiterated some of the three aspects of what he wants to focus on this year during his term as Mayor.

F. PUBLIC COMMENTS

1. Michael Coverdale expressed his opposition to the Recreational Vehicle (RV) Ordinance and questioned the legality of it.

2. Joan Robinson sought help from Council, because her appeal was denied.

After each comment, the Mayor asked staff to meet with the speakers. G. CONSENT CALENDAR Councilmember Drew requested that G-13 be pulled. COUNCIL ACTION: Upon motion by Councilmember Athas and

seconded by Councilmember Lucan,

1. The City Council voted 5-0, via roll call, to approve the Consent Calendar, including the changes to the proposed minutes (G-3, G-4, G-7, G-8, and G-9), and except agenda items G-10, G-13, and G-15.

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AYES: ATHAS, LUCAN, EKLUND, DREW, FRYDAY NOES: None. Motion carried.

2. The City Council voted 4-1, via roll call, to approve G-10 of the Consent Calendar.

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

3. The City Council voted 3-2, via roll call, to approve G-15 of the Consent Calendar.

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

The City Council pulled G-13 to discuss after the last General Business Item.

1. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION OF ORDINANCES BY TITLE ONLY This is a standard procedural action to waive any readings of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety.

2. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 26, 2017

3. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 10, 2017

4. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 24, 2017

5. APPROVE CITY COUNCIL CLOSED SESSION MINUTES OF NOVEMBER 28, 2017

6. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 28, 2017

7. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 30, 2017

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8. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 5, 2017

9. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 12, 2017

10. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NOVATO ADOPTING AMENDMENTS TO THE ATHERTON RANCH MASTER PLAN, ADOPTED BY CITY OF NOVATO ORDINANCE NO. 1435, TO RESCIND AND REPLACE ALL TEXT AND GRAPHICS ADDRESSING COMMERCIAL DEVELOPMENT ON PARCELS C AND D WITH ATHERTON PLACE (10702M), A MIXED-USE DEVELOPMENT PROJECT PROPOSED AT 7533 AND 7537 REDWOOD BOULEVARD, APNS 125-600-51 AND -52

The City Council adopted Ordinance No. 1632.

11. ADOPTION OF AN ORDINANCE OF THE CITY OF NOVATO

AMENDING SECTION 7-8 OF THE MUNICIPAL CODE RELATING TO TOBACCO RETAILERS

The City Council adopted Ordinance No. 1634.

12. ADOPT A RESOLUTION TO

• APPROVE A BUDGET AMENDMENT IN THE TOTAL AMOUNT OF $150,000,

• APPROVE CEQA DETERMINATION AND FINDINGS, • APPROVE PROJECT PLANS AND SPECIFICATIONS, AND • AUTHORIZE STAFF TO ADVERTISE FOR BIDS

FOR THE MARIN VALLEY MOBILE COUNTRY CLUB CLUBHOUSE EXTERIOR AND POOL FACILITY IMPROVEMENTS PROJECT: MVMCC PROJECT NO. 11-32 The City Council adopted Resolution No. 2018-001.

13. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

AMEND A CONSULTANT SERVICES AGREEMENT WITH RINCON CONSULTANTS IN THE AMOUNT OF $11,758.00 TO EXPAND THE CIRCULATION ANALYSES BEING PREPARED FOR A PROPOSED FLOOR AREA AMENDMENT INVOLVING THE NOVATO INDUSTRIAL PARK MASTER/PRECISE DEVELOPMENT PLAN, WHICH WILL BE PRESENTED IN THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE DRAFT NOVATO GENERAL PLAN 2035 This item was moved to the end of the last General Business item.

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14. ADOPT A RESOLUTION AMENDING THE FY 2017 / 2018 CAPITAL IMPROVEMENT BUDGET FROM $300,000 TO $388,400 FOR THE COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT UPGRADE AND VIDEO MANAGEMENT SYSTEM PROJECTS; APPROVE AN AGREEMENT WITH VAS SECURITY SYSTEMS, INC. FOR THE PURCHASE OF A NEW VIDEO MANAGEMENT SYSTEM FOR RECORDING, ARCHIVAL, AND PLAYBACK OF SURVEILLANCE VIDEO FOR THE ADMINISTRATIVE SERVICES BUILDING, CITY CORPORATION YARD, HILL GYMNASIUM, AND NOVATO POLICE DEPARTMENT FACILITIES IN AN AMOUNT NOT TO EXCEED $128,400.00; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND SIGN ALL REQUIRED DOCUMENTS

The City Council adopted Resolution No. 2018-002.

15. RECOGNIZE THE CITY MANAGER’S PERFORMANCE AND

ADOPT A RESOLUTION APPROVING PAYMENT OF $5,000 FOR PERFORMANCE-BASED EVALUATION

The City Council adopted Resolution No. 2018-003.

16. APPROVE A RESOLUTION TO TRANSFER CERTAIN STREETLIGHTS FROM THE CITY OF NOVATO TO THE MARIN GENERAL SERVICES AUTHORITY (MGSA) AND TO DELEGATE AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO TRANSFER CERTAIN STREETLIGHTS TO MGSA ON AN ONGOING BASIS

The City Council adopted Resolution No. 2018-004.

H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. Before the City Council conversed on the Public Hearing item, Mayor Fryday discussed with the City Council how he would like to conduct the way the Council questions and deliberates agenda items listed under Public Hearing and General Business. They conversed about limiting the amount of Council questions when it came to budget or controversial items. The Mayor took into consideration the City Council’s concerns and alternatives to his plan. I. PUBLIC HEARING

17. HOLD A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION ACCEPTING THE RELINQUISHMENT OF THE NORTHERNMOST PORTION OF REDWOOD BOULEVARD WITHIN CITY LIMITS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

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Deputy Public Works Director Chris Blunk introduced this item. There was conversation between the City Council and Mr. Blunk pertaining to North Redwood Boulevard governed by more than one entity and even so, City staff had spoken with Caltrans and Marin County about streamlining the ownership. There was no public comment.

COUNCIL ACTION: Upon motion by Councilmember Eklund and

seconded by Councilmember Athas, the City Council voted 5-0, via roll call, to approve the resolution as is.

AYES: EKLUND, ATHAS, LUCAN, DREW, FRYDAY NOES: None. Motion carried.

The City Council adopted Resolution No. 2018-005.

J. GENERAL BUSINESS

18. 1. DISCUSS THE CITY OF NOVATO PARTNERING WITH DOMINICAN UNIVERSITY TO PROVIDE PUBLIC SERVICE OPPORTUNITIES FOR NOVATO’S YOUTH, AND 2. PROVIDE DIRECTION TO STAFF TO DEVELOP A PARTNERSHIP WITH DOMINICAN UNIVERSITY AND TO APPROVE A PROGRAM BUDGET

Mayor Fryday and City Manager Candelario presented this item to the Council on what the purpose of this item was and how it could benefit the City, university, community, and youth. City Manager mentioned that he hoped to begin this program in the summer/ fall of this year in accordance with the University’s financial aid schedule.

Mayor introduced President Dr. Mary Marcy from Dominican University, and she highlighted several facts about the University such as: - It has 1700 diverse students, and whom a majority of them graduate. - Regardless of the students’ major, they had to go through the Dominican Experience, which they need to complete to graduate. Dr. Marcy believed that the partnership with the City of Novato could be a nationwide model to other municipalities and universities. She asked that Novato’s commitment would be to pay for the students’ service to the City. The City Council, staff, and Dr. Marcy discussed about the students’ proposed work with the community and the City, funding the program with regards to paying the students from the City’s budget, and how the program would work. There were two comments from the public.

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1. Gloria Dunn-Violin, with the Novato Age Friendly, expressed her support

for this program. She also shared her experience working with a Dominican University student, who had been assisting Ms. Dunn.

2. Suzanne Crow, who had been involved with Novato High School, opined that this was a great opportunity for the youth to learn about civics and contribute to the community.

After the comments, the City Council questioned and deliberated on this item conversing about the public-private partnership and managing the students. COUNCIL ACTION: Upon motion by Councilmember Drew and

seconded by Councilmember Eklund to bring this item back with further information at the next Council meeting.

More discussion ensued between the City Council and staff. Councilmember

Drew withdrew her motion. COUNCIL ACTION: Upon motion by Councilmember Eklund and

seconded by Mayor Fryday, the City Council in a 5-0 vote, via roll call, direct staff to move forward in developing a Memorandum of Understanding (MOU) between the City of Novato and Dominican University and including in the MOU that up to 10 students would be participating in the program and to direct staff to identify $50,000 set aside for the program.

AYES: EKLUND, FRYDAY, ATHAS, LUCAN, DREW NOES: None. Motion carried. City Attorney Walters left for the evening.

19. 1. DISCUSS THE CITY OF NOVATO CHANGING ITS REGULARLY

SCHEDULED COUNCIL MEETINGS FROM “TUESDAYS” OF EACH MONTH TO ONLY THE 2ND AND 4TH TUESDAYS OF THE MONTH, AND 2. TO CONSIDER RESCINDING RESOLUTION 2017-004 AND

ADOPTING A NEW RESOLUTION OFFICIALLY SCHEDULING THE REGULAR COUNCIL MEETINGS TWICE A MONTH ON THE 2ND AND 4TH TUESDAYS.

City Manager Candelario and Councilmember Athas brought this item before the City Council. There was no public comment.

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Mayor Pro Tem Drew and Councilmember Eklund expressed their opposition to the proposed item and shared their data on the amount of meetings the Council met in 2016 and 2017 and the average length of time of the Council meetings. COUNCIL ACTION: Upon motion by Councilmember Athas and

seconded by Councilmember Lucan, to changing the regularly scheduled Council meetings to the 2nd and 4th Tuesdays of the month and rescinding Resolution 2017-004.

Both Councilmembers shared why they voted in support of this item. Mayor Pro Tem Drew compared this proposed schedule to the existing one in the City of San Rafael and how it was not beneficial. COUNCIL ACTION: Upon motion by Councilmember Eklund and

seconded by Mayor Pro Tem Drew, the City Council in a 2-3 vote, via roll call, did not agree to have Council meetings on the 2nd, 3rd, and 4th Tuesdays of the month.

AYES: EKLUND, DREW NOES: ATHAS, LUCAN, FRYDAY Motion failed. The Council and staff agreed to amend the resolution in changing the wording of “a. the Council will not meet on the Tuesday following an observed Monday holiday” to “a. the Council will not meet on the Tuesday following a City observed federal Monday holiday.” COUNCIL ACTION: Councilmember Athas and seconded by

Councilmember Lucan, the City Council voted 3-2, via roll call, to change the regularly scheduled Council meetings to the 2nd and 4th Tuesdays of the month, rescinding Resolution 2017-004, and direct staff to make the change in letter a of the new resolution.

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

The City Council adopted Resolution No. 2018-006.

20. DISCUSSION OF AND POTENTIALLY TAKE ACTION TO APPROVE THE PROPOSED WORKSHOP AND PUBLIC HEARING DATES AND TIMES FOR THE UPDATE OF THE CURRENT STRATEGIC PLAN FOR THE NEXT THREE-YEAR TERM OF 2018-2021

Assistant City Manager Michael Antwine brought this item forward. The City Council and staff discussed this schedule, and how this Strategic Plan

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schedule would work with the recently adopted Council schedule and upcoming budget schedule.

COUNCIL ACTION: Councilmember Athas and seconded by Councilmember Lucan, to move the calendar as presented.

However, Councilmember Eklund made a substitute motion.

COUNCIL ACTION: Councilmember Eklund and seconded by Mayor Pro Tem Drew, to make a substitute motion to approve the staff’s recommendation, but add to the discussion at the March 3rd meeting staff’s proposed ways to have a public outreach or engagement plan beyond the normal noticing requirements of the Council meetings.

Council discussed Councilmember Eklund’s substitute motion pertaining to

the additional public outreach. COUNCIL ACTION: Councilmember Eklund and seconded by Mayor Pro

Tem Drew, the City Council in a 4-1 vote, via roll call, to approve the substitute motion to adopt the staff recommendation, but add to the March 3rd discussion with staff’s proposed ways to have a public outreach or engagement plan beyond noticing the Council meetings.

AYES: EKLUND, DREW, ATHAS, FRYDAY NOES: LUCAN Motion carried. The City Council only voted on the substitute motion.

21. REVIEW, DISCUSS, AND MAKE CONTENT CHANGES TO THE

LIST OF SIGNIFICANT AND PROPOSED CITY COUNCIL AGENDA ITEMS FROM JANUARY 2016 TO PRESENT, AND TAKE ACTION ON THE FOLLOWING PROPOSED AGENDA ITEMS FROM COUNCILMEMBERS

PROPOSED ITEMS: 1. MAYOR PRO TEMPORE PAM DREW: CONSIDER AND TAKE

ACTION TO CHANGE GENERAL FUND RESERVE POLICY FROM A MAXIMUM OF 15% TO A RANGE OF 15% TO 20%

2. MAYOR PRO TEMPORE PAM DREW: CONSIDER AND TAKE ACTION TO RE-EXAMINE AND POTENTIALLY MODIFY THE CITY’S OPEN SPACE POLICIES AS THEY PERTAIN TO FIRE FUEL MANAGEMENT AND FIRE PROTECTION PROGRAMS, PARTICULARLY WHERE OPEN SPACE ABUTS RESIDENCES

3. COUNCILMEMBER PAT EKLUND: DISCUSS AND TAKE

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ACTION IN JANUARY OR FEBRUARY 2018 TO CHANGE WHEN THE COUNCIL AGENDA PACKETS (INCLUDING STAFF REPORTS) ARE PUBLICALLY NOTICED AND POSTED TO NO LATER THAN 5:00 PM ON THE WEDNESDAY PRIOR TO THE TUESDAY CITY COUNCIL MEETING

4. COUNCILMEMBER PAT EKLUND: DISCUSS AND TAKE

ACTION IN JANUARY OR FEBRUARY 2018 TO INSTITUTE A TIME CERTAIN OF 11:00 PM FOR CLOSURE OF COUNCIL MEETINGS

This item was moved to the January 23, 2018, City Council meeting. Earlier in the meeting, the City Council pulled Consent Calendar Item G-13 for questioning.

13. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

AMEND A CONSULTANT SERVICES AGREEMENT WITH RINCON CONSULTANTS IN THE AMOUNT OF $11,758.00 TO EXPAND THE CIRCULATION ANALYSES BEING PREPARED FOR A PROPOSED FLOOR AREA AMENDMENT INVOLVING THE NOVATO INDUSTRIAL PARK MASTER/PRECISE DEVELOPMENT PLAN, WHICH WILL BE PRESENTED IN THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE DRAFT NOVATO GENERAL PLAN 2035

The City Council questioned staff as to why the traffic wasn’t taken into

consideration and why wasn’t BioMarin paying for this. COUNCIL ACTION: Councilmember Lucan and seconded by

Councilmember Athas, the City Council voted 3-2, via roll call, to adopt the resolution

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

The City Council adopted Resolution No. 2018-007. K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’s) APPOINTMENTS There were no items listed for this section. L. WORK STUDY SESSION

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There were no items listed for this section. M. ADJOURNMENT

The City Council adjourned in memory of Kerry Reed (co-founder of the Nature Conservancy of California), mother of Community Development Director Bob Brown, David Breazeale, Libba Patterson, and Walter Lafayette Futch (World War II veteran and uncle to Mayor Pro Tem Drew). The City Council meeting ended at 9:09 p.m. Draft Minutes recorded, prepared, and respectfully submitted by: Terrie Gillen, CMC City Clerk

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