MINUTES OF THE NOVATO CITY COUNCIL MEETING NOVATO...

DRAFT

MINUTES OF THE NOVATO CITY COUNCIL MEETING

NOVATO CITY HALL 922 MACHIN AVENUE, NOVATO

February 28, 2017 6:00pm

The City Council Closed Session Meeting was called to order at 6:00 p.m. on Tuesday, February 28, 2017 with the announcement that Item B.1-Hamilton will be moved to an open session. Present: Mayor Athas, Mayor Pro Tem Fryday, Councilmember Drew,

Councilmember Eklund, Councilmember Lucan Absent: None PUBLIC COMMENT: 1. Anna Marie Camaraota 2. Heidi LaGrasta 3. Alan Berson 4. Elvera Berson 5. Robert L. Belichick B. COUNCIL CONVENED TO CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION

54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Hamilton Theater Town Center Site APN No. 157-690-47

Agency Negotiator: Regan Candelario, City Manager Scott Ward, Director of Hamilton Base Reuse

Negotiating Parties: Avesta Development Group, LLC Under negotiation: Price and Terms of Payment

2. 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 cases: Ames and D'Amico v. City of Novato, Case No. 316-cv-02590-JSC a. Rosetta Cullen v. Cheng Chu, Chiang Chu, Chu, C.S. and C.T. Living Trust,

City of Novato, City of Novato Department of Public Works, Does 1 to 100.

b. Granucci v. City of Novato, Case No. CIV 1602132

C. ADJOURNMENT TO CONTINUE AFTER THE OPEN SESSION – No reportable action taken.

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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DRAFT CITY COUNCIL REGULAR MEETING MINUTES

COUNCIL CHAMBERS

901 SHERMAN AVENUE, NOVATO

February 28, 2017

The City Council Regular Meeting was called to order at 6:35 p.m. on Tuesday, February 28, 2017.

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

Present: Mayor Athas, Mayor Pro Tem Fryday, Councilmember Drew, Councilmember Eklund, and Councilmember Lucan Absent: None. Roll was called with five of five Councilmembers present, creating a quorum. Staff Present: City Manager Regan Candelario, City Attorney Jeff Walter, Finance Manager Brian Cochran, Public Works Director Russ Thompson, City Clerk Claudia Laughter

A. CLOSED SESSION ANNOUNCEMENT – No reportable action was taken.

B. CEREMONIAL MATTERS/PRESENTATIONS

- Presentation: Novato Gymnastics Boosters Club Annual Donation – The Club presented their annual donation of $25,000.

- Proclamation: Novato Rotary 100 Year Anniversary – Mayor Athas presented the proclamation.

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

INTENT MOTION TO APPROVE FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT M/S/C EKLUND/LUCAN AYES: 5 NAYS: 0

D. PUBLIC COMMENTS

1. Susan Trumbull 2. Maryellen Danehy 3. Al Dugan 4. Marie Hoch 5. Steffanie Mosebrook 6. Joan Goode 7. Brigit Nevin 8. Sandra Levitan 9. Alan Berson 10. Tracey Ruiz

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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02/28/17 – CITY COUNCIL MEETING MINUTES 3

11. Elvera Berson 12. Kate Ruehle

Mayor Athas asked City Attorney Jeff Walter to describe the reasoning for closed session agendizing. Mr. Walter described statutes that govern real property negotiations and that sample agenda language is given to describe items and to comply with the Brown Act. City Manager Candelario asked Mr. Walter to comment on proposals received on properties and the obligations to the Council. Mr. Walter stated that staff cannot execute a purchase agreement without approval from the Council.

E. CONSENT CALENDAR PUBLIC COMMENT: None.

1. RECEIVE EXPENDITURE APPROVAL LIST OF FEBRUARY 02, 2017 – Council approved the

expenditure list.

2. RECEIVE EXPENDITURE APPROVAL LIST OF FEBRUARY 16, 2017 - Council approved the expenditure list.

3. APPROVE CITY COUNCIL MEETING MINUTES OF NOVEMBER 15, 2016 – Council approved the minutes.

4. APPROVE CITY COUNCIL MEETING MINUTES OF NOVEMBER 29, 2016 – Council approved the minutes.

5. APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 06, 2016 – Council approved the minutes.



8. APPOINTMENT OF DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS FOR 2017 – Council approved the appointment of the DNBA Board of Directors:

President – Andy Podshadley-(three-year term expires 12/31/17); Vice President –Steve Jordan-(three-year term expires 12/31/18); Secretary – Chris Donohue-(three-year term expires 12/31/17); Treasurer – John Tornes-(three-year term expires 12/31/19); Board Members: Jodi Fischer-(three-year term expires 12/31/18), Peter Serchia-(three-year term expires 12/31/17), Randy Stemmer-(three-year term expires 12/31/18), and Anne Wade-(three-year term expires 12/31/17).

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9. AWARD CONSTRUCTION CONTRACT FOR MEASURE A GROUP 8 AND 9 PAVEMENT

REHABILITATION CONTRACT 1: ROADWAY PREPARATION AND CONCRETE WORK, CIP PROJECT NO. 16-001 AND 17-001 TO TEAM GHILOTTI, INC. - Councilmember Lucan recused himself from approval of item F.9-Award Construction Contract for Measure A Group 8 and 9 Pavement Rehab Contract 1 to Team Ghilotti.

10. REVIEW AND APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MARCH 21, 2016 AND JUNE 6, 2016 MEETINGS – Council approved the minutes.

11. APPROVE THE RESPONSE TO GRAND JURY REPORT IMPLEMENTATION UPDATE REGARDING “MARIN’S HIDDEN HUMAN SEX TRAFFICKING CHALLENGE” – Council approved sending the response to the Grand Jury.

12. APPROVE THE RESPONSE TO GRAND JURY REPORT IMPLEMENTATION UPDATE REGARDING “THE 911 FIRST RESPONDER REFERRAL PROGRAM: MORE THAN A BAND-AID® FOR SENIORS” – Council approved sending the response to the Grand Jury.

13. ADOPTION OF A RESOLUTION ESTABLISHING THE CITY COUNCIL MEETING PLACE, DATE

AND TIME TO REFLECT REQUESTED 6:00PM REGULAR MEETING START TIME AND ACCEPTANCE OF THE PROPOSED COUNCIL MEETING CALENDAR FOR FY 2016/17 AND FY 2017/18 – Council adopted Resolution No. 2017-004.

14. RESOLUTION AMENDING THE CITY OF NOVATO OPERATING AND CAPITAL BUDGETS FOR

FY 16/17 – Council adopted Resolution No. 2017-005.

MOTION TO APPROVE ITEMS ON THE CONSENT CALENDAR WITH COUNCILMEMBER LUCAN RECUSING HIMSELF FROM ITEM 9 M/S/C FRYDAY/LUCAN AYES: 5 NAYS: 0 ABSENT: 1 (ATHAS)

F. UNFINISHED AND OTHER BUSINESS – No Items were listed for this section. G. PUBLIC HEARINGS – No items were listed for this section.

H. GENERAL BUSINESS

15. CONSIDERATION OF RESCINDING THE ACTION OF SUPPORT RELATING TO THE TRANSPORTATION AUTHORITY OF MARIN (TAM) BOARD DECISION TO PURSUE STATE LEGISLATION IN 2017 TO PROVIDE AN EXEMPTION TO THE 2% CAP ON THE LOCAL TRANSACTION AND USE TAXES IN ORDER TO ALLOW TAM TO CONSIDER PURSUIT OF A NEW SALES TAX MEASURE FOR TRANSPORTATION – CM Candelario presented the process and background for the consideration of rescinding the action of support which

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would be to not rescind the action and send the previously discussed letter of support or to rescind the decision and not send the letter of support. Councilmember Lucan suggested a third option of waiting. Councilmember Drew suggested closer attention be paid towards implications. PUBLIC COMMENT: 1. Tracey Ruiz MOTION TO RESCIND THE VOTE OF SUPPORT FOR TRANSPORTATION AUTHORITY OF MARIN AND TO NOT SEND THE LETTER OF SUPPORT M/S FRYDAY/ATHAS Mayor Athas stated she felt the message from TAM changed within days of the presentation and wanted to have a greater community discussion after due diligence. Councilmember Eklund stated she did not support TAM’s request seeking legislation for a sales tax cap and that they were not committed to public outreach. M/S/C FRYDAY/ATHAS AYES: 4 NAYS: 1 (LUCAN)

16. FISCAL YEAR 2016/17 MID-YEAR GENERAL FUND BUDGET REPORT – Finance Manager

Brian Cochran presented the Mid-Year General Fund report in a PowerPoint presentation. Informational item only, no Council action necessary. PUBLIC COMMENT: None.

17. REVIEW OF THE FIVE-YEAR GENERAL FUND FORECAST AND 2017/18 BUDGET CALENDAR – Finance Manager Brian Cochran reviewed the Five-Year General Fund Forecast and Budget Calendar. Mayor Pro Tem Fryday requested additional sales tax projection information in comparison with other cities in Marin County. Councilmember Eklund requested clarification on the limited term positions. Mr. Cochran stated they were two maintenance positions, one dispatcher, and one management analyst/webmaster position that will be discussed in the forecast. Councilmember Lucan asked if the property tax increase is reflected for 16/17 and Mr. Cochran stated it did. Mayor Athas asked if AB1 and SB1 proposed legislation is passed, would the City receive approximately $2 million for road repair. Mr. Cochran stated it would be $350,000 annually phased over 3 years. This was an informational item only, no Council action necessary. PUBLIC COMMENT: None.

Council took a short recess at 8:31 p.m. and reconvened at 8:36 p.m.

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18. APPROVAL OF TREE MITIGATION PROPOSAL FOR THE PG&E COMMUNITY PIPELINE SAFETY INITIATIVE PROJECT FOR TREES REMOVED ON CITY OWNED PROPERTY (POINTE MARIN OPEN SPACE) OR WITHIN THE PUBLIC ROAD RIGHT-OF-WAY ON PORTIONS OF SOUTH NOVATO BOULEVARD, REDWOOD BOULEVARD, MACHIN AVENUE, IGNACIO BOULEVARD, AND ALAMEDA DEL PRADO – Councilmember Eklund stated she had received clearance from the FPPC which rendered the decision that this project, located next to her home, would not have foreseeable financial effect and no conflict of interest in participating in the discussion. Public Works Director Russ Thompson presented a Powerpoint presentation with Mr. Mark Van Gorder, Government Relations Representative with PG&E. Mr. Thompson reviewed the proposed tree mitigation plan and took questions from the Council. Mr. Thompson stated that PG&E was willing to work with residents to address mitigation issues with homes on South Novato Boulevard. Mr. Van Gorder stated PG&E is very willing to work with neighbors on additional tree planting if requested. Councilmember Eklund asked about public outreach efforts. Mr. Van Gorder stated it was the next part of the process on South Novato Boulevard. Councilmember Lucan asked about the Redwood and Grant trees marked for removal and how will their removal be communicated to the public. Mr. Thompson stated same mailed outreach to the surrounding property owners. CM Candelario stated staff can share information through public outreach channels. Mayor Pro Tem Fryday stressed the public safety aspect of the project and asked for confirmation that the trees are on public property. Mr. Van Gorder confirmed they were. Mr. Thompson pointed out the last “Whereas” change on slide 18 for the resolution. PUBLIC COMMENT: 1. John Caye MOTION TO ADOPT A RESOLUTION WITH THE AMENDMENT “BE IT FURTHER RESOLVED THAT IN ADDITION TO THE MITIGATION DESCRIBED ABOVE, PG&E SHALL OFFER TO OWNERS OF PROPERTIES LOCATED WITHIN 50 FEET OF THE TREES PROPOSED TO BE REMOVED, PROVISION AND INSTALLATION OF TREES OR BUSHES ON THOSE PROPERTIES, AS AGREED TO BY THE PROPERTY OWNERS AND AT THE SOLE COST OF PG&E” APPROVING ACCEPTANCE OF A NEGOTIATED TREE MITIGATION IN THE AMOUNT OF $100,100 FOR THE PG&E COMMUNITY PIPELINE SAFETY INTITIATEIVE PROJECT FOR TREES REMOVED ON CITY OWNED PROPERTY (POINTE MARIN OPEN SPACE) OR WITHIN THE PUBLIC ROAD RIGHT-OF-WAY ON PORTIONS OF SOUTH NOVATO BOULEVARD, REDWOOD BOULEVARD, MACHIN AVENUE, IGNACIO BOULEVARD, AND ALAMEDA DEL PRADO

M/S EKLUND/FRYDAY Councilmember Lucan stated he has a property within 500 feet of a small tree to be removed, and wanted to understand if the new 50 feet is a conflict. Mr. Walter stated it would not.

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M/S/C EKLUND/FRYDAY AYES: 5 NAYS: 0 Council adopted Resolution No. 2017-006 with the noted amendments. Councilmember Eklund asked to discuss additional tree planting on City properties with CM Candelario in a one-on-one.

19. DISCUSS AND SCHEDULE CITY COUNCIL MEETING FOR STRATEGIC PLAN REVIEW AND

BROWN ACT TRAINING SESSIONS – CM Candelario presented a proposal to schedule Strategic Plan Review and Brown Act Training suggested for April 4, 2017. Councilmember Eklund did not support hiring a professional presenter for Brown Act training and that it should be two separate dates and discussions. Mayor Pro Tem Fryday supported an outside expert on the Brown Act and to have both City Attorneys present for it. Mayor Athas stated that type of training was not on the discussion but instead to set a date. Councilmember Drew asked about the setting for both meetings. CM Candelario stated it would. Councilmember Drew suggested a more interactive format for learning and would consider a different type of format. Mayor Athas also suggested two separate meetings and supported a more interactive Brown Act training.

PUBLIC COMMENT: None. Councilmember Drew asked to accommodate April 11th Spring Break but ask Commissioners MOTION TO STRATEGIC PLAN REVIEW AND BROWN ACT TRAINING OCCUR ON TWO DIFFERENT NIGHTS M/S EKLUND/DREW M/S/C EKLUND/DREW AYES: 5 NAYS: 0 CM Candelario stated Staff would prepare calendaring options. Councilmember Eklund requested a draft of the training prior and to have Mr. Walters participate and include training for Conflict of Interest. Mr. Walters stated before AB1234 was passed, they were combined but the conflict of interest issues don’t need to be addressed at the same time. Mr. Walter stated that Council can identify which bodies should take conflict of interest if they do not receive money. Councilmember Eklund suggested specifically the Economic Development Commission should take the training. Mr. Walter suggested no further discussion on the topic since it was not agendized.

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

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

CM Candelario did not have a report.

2. COUNCILMEMBER REPORTS Mayor Pro Tem Fryday reported he attended a legislative committee meeting. Councilmember Drew reported she attended the Novato Forum for Equity presented by the Multicultural Commission, the Marin Emergency Radio Authority contract was finalized with Motorola, and Downtown Streets Team will have been in Novato for a month. Councilmember Eklund attended the MTC/ABAG Meeting about the contract for services, recently appointed to the SF Bay Estuary Committee. Councilmember Lucan reported he attended the TAM Board Meeting and they are moving forward with the sales tax renewal and gathering feedback. Would like to bring back an item for scheduling regarding seeking direction for a regularly attended board for major project recommendations for Regional Measure 3. He also attended the TAM innovation workshop. Mayor Athas stated he attended the MCE Board Meeting, was appointed to the County Steering Committee for Fair Housing, and a ICE/Immigration Issue Counsel set up by Jared Huffman.

22. WORK STUDY SESSION

No items were listed for this section. 23. ADJOURNMENT

MEETING ADJOURNED AT 10:07 P.M. IN MEMORY OF CLARA BOWMAN AND RECONVENE THE CLOSED SESSION.

PUBLIC COMMENT: None. CONVENED TO CLOSED SESSION AT 922 MACHIN AVENUE. No reportable action.

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