CITY COUNCIL OF THE CITY OF NOVATO MEETING MINUTES

COUNCIL CHAMBERS 901 SHERMAN AVENUE

August 29, 2017 – 6:00 PM

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

Absent: None

Also Present: City Manager Regan Candelario, Public Works Director Russ Thompson, Assistant City Attorney Veronica Nebb, City Clerk Terrie Gillen and Assistant City Clerk Laura McDowall

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

Honorary Mayor for the Day Violet Sierra Brown led the Pledge of Allegiance.

C. CEREMONIAL MATTERS/PRESENTATIONS

Presentation: Honorary Mayor for the Day

Violet Sierra Brown was present to accept a certificate as Honorary Mayor for aDay.

B. CLOSED SESSION ANNOUNCEMENT

A closed session convened upon adjournment of the open session. See closedsession minutes.

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

City Manager Candelario announced that item G-7 and G-11 would be removedfrom the agenda.

Councilmember Eklund moved, Seconded by Councilmember Lucan, to approve the Final Agenda, Waiver of the Reading of Ordinances and Notices of Intent with the removal of items G-7 and G-11. The motion was approved unanimously.

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E. COUNCILMEMBER/CITY MANAGER REPORTS

City Manager Candelario reported that the Marin Mobile Care program had purchased two mobile showers which should be delivered to the program in November, that equipment had been ordered to address the electrical issues at the Marin Valley Mobile Country Club, and that the City had received all the final approvals for a $500,000 Metropolitan Transportation Commission grant for Phase III of the Downtown Sonoma Marin Area Rail Transit (SMART) Station. He further reported that the City was in discussions with Caltrans regarding potential aesthetic improvements along Highway 101.

Councilmember Drew reported that she had attend the Lu Sutton Preschool Garden dedication ceremony where she had been impressed by the community building aspect of the dedication as well as the garden itself. She further reported that she had attended a Marin Emergency Radio Authority (MERA) meeting and that the new system was moving into its implementation phase.

Councilmember Eklund reported that she had participated in a recent San Francisco Bay Estuary Project Partnership Implementation Committee meeting where they had talked about the plans for restoring San Francisco Bay as well as the upcoming annual State of the Estuary Conference. She further stated that she had participated in the Marin Major Crimes Task Force where they had received a report on the major crimes for the previous quarter.

Councilmember Lucan reported that SMART had officially started passenger service on Friday August 25th and had carried approximately 2,000 passengers on Saturday, August 26th and 2,000 passengers on Sunday, August 27th. He commended City Staff on their fast response to the water quality issues occurring at Scottsdale Pond and also gave a reminder that the ribbon cutting ceremony for the Redwood and Grant Transit Improvement Project (RGTIP) was scheduled for Sept 6th, 2017.

Mayor Athas reported that she had attended a Design Review Commission meeting regarding the Hamilton Hospital and had attended the recent 3rd quarter Northbay League of California Cities event, which had included a workshop regarding marijuana dispensaries. She further reported that she had attended a meeting on Marin County Ballot Measure E, participated in the City of Novato Commission, Committee and Board interviews, attended the recent SMART train opening, met with two groups regarding fair housing issues and had attended the Northbay League of California Cities bocce tournament fundraising event, which had been very enjoyable.

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F. PUBLIC COMMENTS

1. Margaret Bandel spoke regarding Child Support Awareness Month.

2. Peter Mendoza spoke regarding Americans with Disabilities Act (ADA) compliance and other concerns for local SMART stations.

3. Jennifer Mendoza spoke regarding Americans with Disabilities Act (ADA)

compliance concerns for local SMART stations. G. CONSENT CALENDAR

1. RECEIVE THE EXPENDITURE APPROVAL LIST OF JULY 20, 2017

The Council received the Expenditure Approval List of July 20, 2017.

2. RECEIVE THE EXPENDITURE APPROVAL LIST OF AUGUST 16, 2017

The Council received the Expenditure Approval List of August 16, 2017.

3. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 13, 2017

The Council approved the minutes of the June 13, 2017 meeting.

4. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 20, 2017

The Council approved the minutes of the June 20, 2017 meeting.

5. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 27, 2017

The Council approved the minutes of the June 27, 2017 meeting.

6. APPROVE THE CITY COUNCIL MEETING MINUTES OF JULY 11, 2017

The Council approved the minutes of the July 11, 2017 meeting.

7. APPROVE THE CITY COUNCIL MEETING MINUTES OF JULY 25, 2017

This item was removed from the agenda.

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8. ADOPT A RESOLUTION AUTHORIZING ACCEPTANCE OF

SUBDIVISION IMPROVEMENTS FOR THE SUBDIVISION KNOWN AS WALNUT MEADOW, PROJECT NO. 213-901

The Council adopted Resolution No. 2017-055 authorizing acceptance of

subdivision improvements for the subdivision known as Walnut Meadow, project No. 213-901 in accordance with the Subdivision Improvement Agreement (SIA) for the project. Subdivider: Ryder Homes Investors, LLC.

9. ADOPT A RESOLUTION RESCINDING RESOLUTION NO. 44-02 AND ELIMINATING COLLECTION OF THE FIRE FACILITIES IMPACT FEE

The Council adopted Resolution No. 2017-056 rescinding Resolution No.

44-02 and amending the Community Development and Public Works fee schedule to eliminate the fire facilities impact fee.

10. ADOPT A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT A GRANT FROM THE DEPARTMENT OF JUSTICE FOR BULLET RESISTANT VESTS

The Council adopted Resolution No. 2017-054 authorizing the City

Manager to accept an $8,000 grant from the Department of Justice (DOJ), if awarded, to purchase bullet resistant vests for department police officers and revising revenues and appropriations upon award of the grant.

11. AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT FOR SENATE BILL 562 (LARA AND ATKINS) - "THE HEALTHY CALIFORNIA ACT"

This item was removed from the agenda.

12. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: "THE BUDGET SQUEEZE: HOW WILL MARIN FUND ITS PUBLIC EMPLOYEE PENSIONS?"

This item was pulled from the Consent Calendar and placed under

General Business.

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13. APPROVE THE PUBLIC ART ELEMENT FOR THE REDWOOD AND GRANT TRANSIT IMPROVEMENT PROJECT

Public Works Director Thompson clarified that the etched glass was graffiti proof and can easily cleaned, and that Marin Transit would maintain responsibility for replacing the glass it if is damaged or broken. Council approved the etched glass partitions design element that Marin Transit incorporated into the Redwood and Grant Transit Improvement Project as meeting the standard for the public art requirement.

14. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. TO PROVIDE INTERIM ENGINEERING SERVICES FOR PRIVATE PROJECTS

The Council authorized the City Manager to sign an agreement with

Coastland Civil Engineering, Inc. in the amount of $50,000 to provide interim engineering services for private projects.

Councilmember Lucan moved, Seconded by Councilmember Eklund, to approve the Consent Calendar with items G-7 and G-11 removed from the agenda, and item G-12 pulled from the Consent Calendar and placed under General Business. The motion was approved unanimously. 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

15. DIRECTION TO STAFF ON SUPPORT FOR THE VETERANS OF FOREIGN WARS ROOF REPLACEMENT EFFORT

Provide direction to staff regarding support of community efforts to replace

the failed roof at the VFW (Veterans of Foreign War) building, 844 Sweetser Avenue in Downtown Novato, in an amount not-to-exceed $5,000.

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City Manager Candelario opened the item before turning it over to Phillip Brown of the Novato Rotary Club and James Harais of the Veterans of Foreign Wars (VFW) service organization. It was explained that the roof of the VFW building located at 844 Sweetser Ave had already failed, and that the estimated cost to replace it was $64,900.

Council suggested that that amount of support from the City be increased from $5,000 to $10,000. It was questioned whether the City could also do a matching grant, to which Assistant City Attorney Nebb replied that to grant public funds for non-city purposes, a finding would have to be made that there was a public purpose to that grant. She further stated that there was no prohibition against establishing a matching grant as the VFW provided services to the community, which served as the public purpose in support of the grant.

PUBLIC COMMENT: None

Councilmember Eklund moved, Seconded by Mayor Athas, to approve providing $10,000 from the Sponsorship Fund to the Veterans of Foreign Wars and also waive and/or reimburse all permitting, inspection fees and other fees associated with the project.

Councilmember Fryday offered a friendly amendment to the motion to also approve giving an additional $5,000 in matching funds if the organization is able to raise $15,000 through their own fundraising, and to provide direction to staff to write a letter of recommendation signed by the City Manager. The friendly amendment was accepted by the mover and seconder of the motion.

James Harais clarified that in addition to the funds, it was further requested that the City provide a letter of recommendation for the project signed by the City Manager.

At this time, the Councilmembers made comments in support of the VFW and expressed their thanks to Veterans for their service to our country.

Councilmember Eklund moved, Seconded by Mayor Athas, to approve providing $10,000 from the Sponsorship Fund to the Veterans of Foreign Wars and also waive and/or reimburse all permitting, inspection fees and other fees associated with the project, approve giving an additional $5,000 in matching funds if the organization is able to raise $15,000 through their own fundraising efforts, and to provide direction to staff to write a letter of recommendation signed by the City Manager. The motion was approved unanimously.

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G-12. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY

REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: "THE BUDGET SQUEEZE: HOW WILL MARIN FUND ITS PUBLIC EMPLOYEE PENSIONS?"

Approve the response to the Grand Jury Report: "The Budget Squeeze: How Will Marin Fund its Public Employee Pensions?", and authorize the mayor to execute a letter of transmittal to the Marin County Grand Jury

Councilmember Eklund explained that she had pulled this item from the Consent Calendar because she had suggested edits to the response to be provided to the Grand Jury. She suggested that Response number 3 be revised from "The projections do not currently calculate pension costs as a percentage of total revenue, but that is a change that can be made prior to the next review with City Council" to "The projections do not currently calculate pension costs as a percentage of total revenue, but that is a change that will be made prior to the next review with City Council", to include in the response a sentence stating that ‘in June 2017, the City Council agreed to discuss, develop, and implement a plan of action to reduce and/or eliminate the City of Novato’s Unfunded OPEB (pension and health) Liability’, and to change the wording that states that ‘our unfunded pension liability is over $30 million’ to ‘our unfunded pension liability is over $32 million’.

PUBLIC COMMENT: None

Councilmember Eklund moved, Seconded by Councilmember Drew, to approve the response to the Marin County Grand Jury report and authorize the Mayor to execute a letter of transmittal for "The Budget Squeeze: How will Marin Fund its Public Employee Pensions?", with the suggested changes. The motion was approved unanimously. K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’s) APPOINTMENTS

16. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS Vote and make appointments to various Commissions, Committees and

Boards. Assistant City Clerk McDowall opened the item and explained that the Council conducted interviews for its Commissions, Committees and Boards each year for terms that were expiring and to fill any unexpected vacancies. She further explained that after the interviews had taken place, it had come to the attention of the City Clerk's office that the Economic Development Advisory Commission made its own designations for the positions of Ex-Officio rather than the Council, so that position had been removed from the ballot. Sylvia Barry was currently in the position of Ex-Officio and had decided to remove her name from consideration for a Regular seat at this time to pursue retaining her Ex-Officio seat with the commission.

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PUBLIC COMMENT

1. Sylvia Barry explained why she had removed herself from consideration, and spoke in support of Economic Development Commission incumbents Harry Thomas and John Williams.

The Council offered their thanks to all the participants for their interest in serving on a Commission, Committee and Board and encouraged those not appointed at this time to reapply in the future.

The Council's votes were reviewed and it was suggested to make the following appointments the City's Commissions, Committees and Boards:

Bicycle/Pedestrian Advisory Committee:

Mark Birnbaum Burt Greenspan Mark Vanderscoff Nancy Wein

Design Review Commission:

Michael Barber Joseph Farrell Beth Radovanovich Emily Studer (Alternate)

Economic Development Advisory Commission:

John Williams Rodrigo Silveira

Multicultural Advisory Commission:

Jennifer Burt Veda Florez David Selzer Janice Gannon (1-year term)

Novato Citizens Finance/Advisory Committee:

David Bentley Regina Biannucci Rus Cris Mackenzie Rafelina Maglio

Novato Community Television:

Brent Ainsworth Madalienne Peters

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Novato Streetscape Committee:

Judith Buder Ginny Hanna Peter Andreucci (1-year term)

Police Advisory and Review Board

Catherine D’Acre Leslie Salazar

Planning Commission:

Justin Derby Curtis Havel Peter Tiernan Susan Wernick David Gabriel (1-year term)

Recreation, Cultural and Community Services Advisory Commission:

Ryan Bartling Dennis Bentley Suzanne Brown Crow Paula Neese Rene Pouteau

Street Improvement Oversight Committee:

Merhrdad Namiranian Ed Schulze Charlotte Urban Chase Maxwell (1-year term)

Housing, Zoning and Building Codes Appeal Board:

Neil Rabbitoy

Councilmember Eklund moved, Seconded by Mayor Athas, to approve to approve the appointments to the Boards, Commissions and Committees. The motion was approved unanimously.

L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT

The meeting was adjourned at 7:38 p.m. in memory of Nick Strauss, Ruth Barstow, Doris Margaret Duncan and Michael Neustadt.

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CITY COUNCIL OF THE CITY OF NOVATO CLOSED SESSION MEETING MINUTES

COUNCIL CHAMBERS

901 SHERMAN AVENUE

and

CITY OF NOVATO ADMINISTRATIVE OFFICES 922 MACHIN AVENUE

August 29, 2017 – 7:39 PM

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

Absent: None

Also Present: City Manager Regan Candelario and Human Resources Manager Dan Weakley

A. CALL TO ORDER

1. Public Comment at 901 Sherman Avenue: None

2. Recess to Closed Session at 922 Machin Avenue

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: RICK R. TUCKER, Plaintiff, v. SHALEE

CUNNINGHAM, an individual; DONALD SCIOLI, an individual; NOVATO PUBLIC ACCESS TELEVISION, INC. aka "NPAT," a corporation; NOVATO UNIFIED SCHOOL DISTRICT, a public entity; CITY OF NOVATO, a public entity; DOES 1 through 50, inclusive, Defendants.

There was no reportable Action taken.

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I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council ________________________________________ Laura McDowall, Assistant City Clerk

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