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NOVATO CITY COUNCIL

MEETING MINUTES

NOVATO CITY HALL COUNCIL CHAMBER - 901 SHERMAN AVENUE

Tuesday, September 26, 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 Manager Regan Candelario, Assistant City Attorney Veronica Nebb, Assistant City Manager Peggy Flynn, Assistant City Manager Michael Antwine, City Clerk Terrie Gillen, Community Development Director Bob Brown, Public Works Director Russ Thompson, Police Chief Adam McGill, IT Manager Scott Sanders, Deputy Director of Public Works Chris Blunk

B. CLOSED SESSION ANNOUNCEMENT

Per Mayor Athas, the City Council heard the Closed Session item, Conference with Legal Counsel- Existing Litigation regarding:

Case No.: CIV 1401954 Rick R. Tucker (plaintiff) v Shalee Cunningham, Donald Scioli, Novato Public

Access Television, Inc., Novato Unified School District, and the City of Novato, defendants.

The City Council took no reportable action.

C. CEREMONIAL MATTERS/PRESENTATIONS

1. Proclamation: Recognizing the Novato High School Varsity Girls Lacrosse Team & Coach Rory Daily

Mayor Athas presented to the Lacrosse Team a proclamation highlighting the team’s success.

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2. Presentation: Marin Museum of Contemporary Art

Nancy Rehkopf, Executive Director of Marin MOCA, presented to the City Council MarinMOCA’s plans for 2018. Moreover, she spoke to Council on how the City could help MarinMOCA achieve its goals. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF

ORDINANCES AND NOTICES OF INTENT COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, the City Council voted 4-0-1 via roll call to approve the Final Agenda, but moved up only the Marin MOCA item of J-17 before Public Comments. Mayor Pro Tem Fryday had to recuse himself. AYES: EKLUND, DREW, LUCAN, ATHAS NOES: None. RECUSED: FRYDAY Motion carried.

E. COUNCILMEMBER/CITY MANAGER REPORTS

City Council Reports 1. Mayor Pro Tem Fryday had nothing to report.

2. Councilmember Drew reported on the following:

• She attended the Planning Commission meeting, Design Review Commission meeting, and Novato Citizens Finance Advisory/ Oversight Committee meeting. She congratulated the members of those meetings for conducting well- managed meetings.

• She also stated that she was reading a book about addiction, and found an article about how drug overdose was the leading cause of accidental death in Marin County. Councilmember Drew added that the Novato Police Department was prepared to administer a lifesaving drug to combat overdose if needed.

3. Councilmember Eklund reported on the following:

• She attended the Planning Commission Meeting and the Design & Review

Committee Meeting. • She also attended the Association of Bay Area Governments (ABAG)

Meeting, and stated that some ABAG members were starting their biennial election of officers.

• The Metropolitan Transportation Commission (MTC) started CASA, which was a new effort of group leaders putting together a plan of action to

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address the Bay Area’s housing crisis. Councilmember Eklund was planning to attend their steering committee and technical committee meetings relating to the State’s Transportation Improvement Program.

4. Councilmember Lucan stated he had nothing to report. 5. Mayor Athas reported on the following:

• She attended, with the City Manager, a ribbon cutting at the Redwood Landfill (the first Bio-gas project by Marin Clean Energy).

• She also attended the Planning Commission meeting and Design & Review Committee meeting.

• Mayor Athas attended the Novato Chamber of Commerce Dinner Golf Tournament, and acknowledged that Councilmember Lucan got closest to a hole and that the City’s team won the district’s challenge.

• She attended a Community Development Block Grant (CDBG) Board meeting discussing Housing and Urban Development’s (HUD) requests for cities to let go of small grants.

• She attended the Marin Clean Energy Retreat. • She went to a celebration recognizing Deputy District Attorney’s Otis

Bruce for his accomplishments in Marin. • The Mayor met with a member of the Bicycle and Pedestrian

Commission and the POA President.

City Manager Report City Manager Candelario reported on several items:

• The Feed the Meter staff report was still in process. • The recent Sunday’s on Sherman event was a success and thanked the

Parks Department for a quality event. • The City closed escrow on the Lieb property. • He reintroduced new Assistant City Manager Michael Antwine, who would

be working on the cannabis issue. • The City Manager also mentioned that clean-out work at Rush Creek was

underway. • He reported that the downtown Bus Depot project had been running

smoothly. • He stated that with regards to transportation, City staff had been working

with other transportation organizations (SMART and Marin Transit), and they came to a tentative agreement to extend bus service to the San Marin station and to have some pedestrian access improvements by the end of the year.

• The City Manager also mentioned the Hamilton Levee Toe Drain Project that was estimated to be complete by the end of October.

F. PUBLIC COMMENTS

1. David Ruiz, chair of the fundraising committee for of the Novato Post VFW 7816, updated the City Council that the veterans were able to raise pledges, grants, and donations to help assist with the reroofing of the Post’s facility, and

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they were closer to reaching their fundraising goal. Although, they still need more funds, they were thankful for the support they received from the Council and the community thus far.

2. Cheryl Paddack, with the Novato Youth Center, invited adults to the Freaky Friday Annual Event on October 20th at 6 p.m. at the Novato Youth Center. She asked for sponsors, who may be interested. She also announced that the Novato Police Department officers and the children of the Novato were going to have their basketball game. Ms. Paddack also mentioned about the planning process for the Historic Train Depot and requested that it be a family-friendly event to attract more people downtown.

3. Fred Reece spoke about item G-3 and the removal of the particular wording on

the proposed contract pertaining to the architect following federal and state regulations.

G. CONSENT CALENDAR

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Fryday, the City Council, except Councilmember Lucan, approved all consent items via roll call vote. Councilmember Lucan recused himself from only the consent items G-4 and G-7. AYES: EKLUND, FRYDAY, DREW, LUCAN, ATHAS (for all consent items,

excluding G-4 and G-7) AYES: EKLUND, FRYDAY, DREW, ATHAS (only for items G-4 and G-7) RECUSED: LUCAN Motion carried. 1. APPROVAL OF THE CITY COUNCIL MEETING MINUTES OF

AUGUST 29, 2017

2. REVIEW AND APPROVE THE CITY OF NOVATO'S INVESTMENT POLICY

Review and approve the City of Novato investment policy.

3. NOVATO GENERAL PLAN 2035 ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES AGREEMENT AMENDMENT Authorize the City Manager to amend a consultant services agreement with Rincon Consultants to include an analysis of proposed amendments to the Novato Industrial Park Master/Precise Development Plan in the environmental impact report (EIR) for the draft Novato General Plan 2035. The City Council adopted Resolution No. 2017-067.

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4. ACCEPT NOTICE OF COMPLETION - MEASURE A GROUP 8 & 9 CONTRACT 2 PAVEMENT REHABILITATION CIP PROJECT NO. 16-001 & 17-001

Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Measure A Group 8 & 9 Contract 2 Pavement Rehabilitation CIP projects No. 16-001 & 17-001.

5. GRANT AVENUE BRIDGE REHABILITATION CIP PROJECT NO. 09-003 ENGINEERING DESIGN SERVICES - CONTRACT AMENDMENT

Authorize the City Manager to execute an amendment to the Consultant Services Agreement (CSA) #4682 with GHD, Inc. for engineering design services for the Grant Avenue Bridge Rehabilitation (CIP Project Number 09-003).

6. VIA RESOLUTION, PURCHASE OF AXON ENTERPRISE BODY WORN

AND MOBILE AUDIO VIDEO CAMERA TECHNOLOGY PACKAGE AND AMEND BUDGET RESOLUTION #2017-39 TO REVISE BUDGET APPROPRIATIONS AND USE OF FUNDS AS NEEDED

Adopt a resolution authorizing the Police Department to purchase a body worn and mobile audio video camera technology package; authorizing the City Manager to sign the purchase order, service agreement, and other related documents associated with this purchase; and amending Budget Resolution #2017-39 to revise budget appropriations and use of funds as needed. The City Council adopted Resolution No. 2017-061.

7. ACCEPT A $500,000 ONE BAY AREA GRANT FOR THE DOWNTOWN SMART PHASE III PROJECT BY ADOPTING A STANDARD METROPOLITAN TRANSPORTATION COMMISSION RESOLUTION OF SUPPORT FOR THE DOWNTOWN SMART STATION PHASE III PROJECT TO PROGRAM THE PROJECT INTO THE FEDERAL TRANSPORTATION IMPROVEMENT PLAN Accept a $500,000 One Bay Area (OBAG) Grant for the Downtown SMART Station Phase III Project by adopting a Standard Metropolitan Transportation Commission Resolution of Support for the Downtown SMART Phase III Project to program the project into the Federal Transportation Improvement Plan (FTIP).

The City Council adopted Resolution No. 2017-062.

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8. ADOPT A RESOLUTION TO SUBMIT TO THE METROPOLITAN TRANSPORTATION COMMISSION A LIST OF CURRENT CAPITAL IMPROVEMENT PROJECTS THAT ARE ELIGIBLE FOR NEW ROADWAY MAINTENANCE AND REHABILITATION ACCOUNT GAS EXCISE TAX FUNDING FOR FISCAL YEAR 2018/19

Adopt a resolution authorizing staff to submit to the Metropolitan Transportation Commission a list of current Capital Improvement Projects that are eligible for new Roadway Maintenance and Rehabilitation Account (RMRA) gas excise tax funding for Fiscal Year 2018/19.

The City Council adopted Resolution No. 2017-063.

9. APPOINTMENT OF CITY TREASURER

Adopt a resolution appointing Assistant City Manager Michael Antwine as City Treasurer.

The City Council adopted Resolution No. 2017-064.

10. TERMINATE EXISTING CONSULTING SERVICE AGREEMENT WITH

CARDUCCI & ASSOCIATES INC. AND ENTER INTO AN INTERIM CONSULTANT SERVICE AGREEMENT WITH CARDUCCI & ASSOCIATES INC. FOR THE HILL RECREATION AREA / MARGARET TODD SENIOR CENTER MASTER PLAN AND DESIGN; CIP PROJECT NO. 01-005

1. Authorize the City Manager to terminate existing Consultant Service Agreement with Carducci & Associates Inc. for master planning and design of the Hill Recreation Area Project, CIP Project No. 01-005, and

2. Authorize the City Manager to enter into an Interim Consultant Service Agreement with Carducci & Associates Inc. for Design / Support Services to GHD, Inc., for the environmental documentation of the Hill Recreation Area Project, CIP Project No. 01-005. This Interim Agreement is not-to-exceed $22,550. ($20,500 + $2,050 contingency).

11. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO:

- TERMINATE THE EXISTING CONTRACT BETWEEN THE CITY OF NOVATO AND BRENEMAN, INC. FOR CONSTRUCTION OF THE BAHIA MINI PARKS CIP PROJECT #15-004,

- EXECUTE A THREE-PARTY TENDER AGREEMENT WITH MCNABB CONSTRUCTION AND AMERICAN CONTRACTORS INDEMNITY COMPANY, AND

- EXECUTE A STANDARD CONSTRUCTION CONTRACT WITH MCNABB CONSTRUCTION TO COMPLETE THE REMAINING WORK ON THE BAHIA MINI PARKS CIP PROJECT #15-004

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Adopt a resolution authorizing the City Manager to:

• Terminate the existing contract between the City Of Novato and Breneman, Inc. for construction of the Bahia Mini Parks CIP Project #15-004,

• Execute a three-party tender agreement with McNabb Construction and American Contractors Indemnity Company, and

• Execute a standard construction contract with McNabb Construction to

complete the remaining work on the Bahia Mini Parks CIP Project #15-004.

The City Council adopted Resolution No. 2017-065.

12. ADOPTION OF AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3) ADOPTION OF AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3) The City Council adopted Ordinance No. 1620.

The City Council brought up the first part of General Business Item J-17 for further discussion regarding MarinMOCA. Mayor Fryday had to recuse himself, so he left the dais. J-17. REVIEW UPCOMING SIGNIFICANT CITY COUNCIL AGENDA ITEMS FOR THE

PERIOD OF OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 AND REVIEW AND TAKE ACTION ON PROPOSED AGENDA ITEMS FROM COUNCILMEMBERS

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Review the upcoming significant City Council agenda items for the period of October 1, 2017 through December 31, 2017, and review and take action on the following Proposed Agenda Items from Councilmembers. Proposed Items: a. Proposed Agenda Item from Councilmember Eklund: Discuss and take

action to reduce MarinMOCA’s payments to the City of Novato for space occupied at the Hamilton Art Center or assist in increasing their annual revenue by any of the following and/or other options:

1. Reduce the current space rent paid by MarinMOCA at the Hamilton Art Center.

2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc...)

3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios.

4. Others. Councilmember Eklund introduced this item to Council. There were three speakers who commented on this item.

- Suzanne Golt, MarinMOCA board member, asked Council to consider supporting MOCA.

- Bill Otton, MarinMOCA board member, shared with the City Council his past experience in Texas regarding the partnership between a museum there and the City of Corpus Christie.

- Ginny George, MarinMOCA board member, spoke about the growth of membership and art exhibits, and MOCA’s success.

Council discussed their support for MarinMOCA, whether or not to wait until this item goes to budget, and the City’s process providing fiscal support to nonprofits. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, the City Council voted 3-1-1 via roll call to agendize before the end of the fiscal year a discussion and a consideration to take action to reduce MarinMOCA’s payments to the City of Novato for space occupied at the Hamilton Art Center or assist in increasing their annual revenue by any of the following and/or other options:

1. Reduce the current space rent paid by MarinMOCA at the Hamilton Art Center. 2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc...) 3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios. 4. Others brought forth by the City Manager or public.

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AYES: EKLUND, DREW, ATHAS NOES: LUCAN RECUSED: FRYDAY Motion carried. After the vote, Council discussed with staff on the amount of time this would take staff to work on this matter. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Athas, the City Council voted 4-0-1 via roll call that the amount of time and effort by City staff devoted to this item was at the discretion of the City Manager and the City was to notice all artists, who were currently occupying buildings 500, 501, and 502 and other museums in Novato that were not currently paying rent. AYES: EKLUND, ATHAS, DREW, LUCAN NOES: None. RECUSED: FRYDAY Motion carried. Mayor Pro Tem Fryday re-entered the Council Chamber and sat at the dais.

H. UNFINISHED AND OTHER BUSINESS There were no items listed scheduled for this item.

I. PUBLIC HEARINGS Mayor Athas opened the public hearings.

13. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO AMENDING NOVATO MUNICIPAL CODE CHAPTER XVIII ENTITLED “TRAFFIC”, TO ADD RESTRICTIONS ON PARKING, STOPPING, AND STANDING OF RECREATIONAL VEHICLES

Hold a Public Hearing and introduce an ordinance amending Chapter 18 of the Novato Municipal Code that restricts Recreational Vehicles from parking, stopping, and standing on the streets of Novato.

Chief McGill provided a synopsis of why the City Council should amend the ordinance and mentioned how other cities handled issues concerning RVs in their cities. He and Council discussed at length about: the individuals with limited means, who were living in these vehicles, and how this ordinance would affect them; possibly moving these RVs to RV lots; how often to review the ordinance if adopted; whether or not residents would be notified that these permits will be

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issued; the permit process of how these would RVs would be permitted; safety inspections; and sizes of the recreational vehicles. There were seven comments from the public:

• Joe Milani spoke about his concern about the motor homes and box trucks parked at or near his business.

• Ysidro Baca mentioned about his experience with motorhomes in his neighborhood that have caused safety concerns for the children and the drivers.

• Chad Carlson said that his issue with RVs was that there were active drug users in his neighborhood and that there was much waste from a particular RV.

• Jim Scannell mentioned about the RVs and box trucks who live on his street.

• Kevin Jacobs commented that his neighbors and their RVs, and questioned if there was a limit on the number of times the public could request permits.

• Joyce Applen asked about why the mention of oversized vehicles were not mentioned in the proposed ordinance.

• Danielle Graham expressed her full support of the ordinance.

After public comment, Chief McGill addressed the questions asked during public comment. COUNCIL ACTION: Upon motion by Mayor Pro Tem Fryday and seconded by Mayor Athas, the City Council voted 4-1 via roll call to hold the public hearing, introduce the ordinance, and would pass the ordinance at a subsequent Council meeting. AYES: FRYDAY, ATHAS, DREW, EKLUND NOES: LUCAN Motion carried. More discussion ensued between the City Council and staff with regards to homelessness and the matter with vehicles less than 10,000 pounds. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council unanimously agreed for staff to research and find the best method in addressing the 10,000 pounds or less vehicle parking on City streets and come back with a recommendation or ask for direction from Council; as well as, staff to come back with information on available resources for homeless people. AYES: EKLUND, LUCAN, DREW, FRYDAY, ATHAS NOES: None. Motion carried.

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14. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE TO ADD NEW SECTION 7-10 SHOPPING CART CONTAINMENT AND RETRIEVAL, TO RELOCATE SECTION 1-7 GRAFFITI PREVENTION AND ABATEMENT TO NEW SECTION 7-9 AND AN AMENDMENT TO CHAPTER 19 OF THE MUNICIPAL CODE TO MODIFY TABLE 2-7 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS TO REMOVE REQUIREMENT FOR GROCERY STORES TO OBTAIN A USE PERMIT TO PROVIDE SHOPPING CARTS, ESTABLISHING A FEE FOR ADMINISTRATIVE COSTS FOR CITY RETRIEVAL AND DISPOSAL OF ABANDONED SHOPPING CARTS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) Hold a public hearing and introduce an ordinance amending the Novato Municipal Code to add new Section 7-9 (Shopping Cart Containment and Retrieval), relocate existing Section 1-7 (Graffiti Prevention and Abatement) to new Section 7-9, and modify Table 2-7 of the Zoning Code to remove a requirement for grocery stores to obtain a Use Permit to provide shopping carts, establishing a fee for administrative costs for City retrieval and disposal of abandoned shopping carts and finding that adoption thereof is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(B)(3). Community Development Director Bob Brown presented to the City Council information as to why this ordinance was important, his proposed changes to the existing ordinance, and the public outreach he proposed to do if this ordinance was adopted. Afterward, he and the City Council conversed about businesses’ feedback on this matter, businesses’ contact information, written notice of cart violations, penalty fines, homelessness, and the assistance of the Public Works Department picking up the abandoned carts. There was one comment from the public, who was Mr. Fred Reece. He commented on how he noticed a person taking a cart to and from this person’s home to which he supported this proposed ordinance. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Eklund, the City Council voted 4-1 via roll call vote to introduce the ordinance and move it at a subsequent Council meeting. AYES: LUCAN, EKLUND, FRYDAY, ATHAS NOES: DREW Motion carried.

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J. GENERAL BUSINESS

15. 2017/2018 OPERATING BUDGET AMENDMENT REQUEST FOR LIEB PROPERTY (1519 / 1521 / 1525 HILL ROAD, APNs 140-291-22, 140-352-032, -033, NOVATO)

Approve an operating budget amendment in the amount of $100,000 from unallocated Measure F funds for needed property maintenance costs at the Lieb Property.

Public Works Director Russ Thompson provided the City Council a presentation on the initial needs for the property and costs associated with them. He and the City Council discussed about the trees, history of the property, budget, chicken coops, and heating. Mr. Fred Reece commented on the feasibility of the property regarding the well and the use of water on the property.

Mayor Pro Tem Fryday/ seconded by Mayor Athas had approved the staff report’s recommendation. However, before a vote was cast, Councilmember Eklund made an amendment to the main motion. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, the City Council proceeded in a roll call vote to determine whether they wanted to remove the water service and use $29,000 to winterize the historic houses and use the money to protect the barn and the chicken coop.

The motion failed in a 2-3 vote. AYES: EKLUND, DREW NOES: LUCAN, FRYDAY, ATHAS The main motion by Mayor Pro Tem Fryday was voted upon in the following

manner: COUNCIL ACTION: Upon motion by Mayor Pro Tem Fryday and seconded by Mayor Athas, the City Council voted 4-1 via roll call to approve the operating budget amendment in the amount of $100,000 from unallocated Measure F funds for needed property maintenance costs at the Lieb Property.

AYES: FRYDAY, ATHAS, DREW, LUCAN NOES: EKLUND

Motion carried. The City Council adopted Resolution No. 2017-066.

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16. PROVIDE DIRECTION ON PLANNING PROCESS FOR THE RENOVATION AND REUSE OF THE HISTORIC TRAIN DEPOT AND CITY-OWNED DEPOT LOT IN DOWNTOWN NOVATO

Provide staff direction on a planning process for the renovation and reuse

of the historic train depot and City-owned Depot Lot in Downtown Novato. Councilmember Lucan recused himself before this item was discussed due to pending results from the FPPC complaint, and he left the dais. City Manager Candelario mentioned that this item was brought forth by Councilmember Eklund. Public Works Director Thompson gave a history of the Depot building, cost to restore, and potential process. Assistant City Manager Peggy Flynn spoke on the community outreach and initial planning. After staff’s presentation, the City Council commented on the need to move forward with this project, the historic significance of this project, Council legacy, conceptual ideas, and whether the City should do an RFP or fix it. There were four comments from the public. Steve Rempe, Claire Knoles, Jeanne MacLeamy, and Jerry Peters, all showed support for the project. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Athas, the City Council voted 4-0-1 via roll call to direct staff to begin outreach to get options for the depot and spend money, not to exceed $50,000, for the initial phase.

AYES: EKLUND, ATHAS, DREW, FRYDAY NOES: None. RECUSED: LUCAN

Motion carried. Councilmember Lucan returned to the dais 17. REVIEW UPCOMING SIGNIFICANT CITY COUNCIL AGENDA ITEMS

FOR THE PERIOD OF OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 AND REVIEW AND TAKE ACTION ON PROPOSED AGENDA ITEMS FROM COUNCILMEMBERS

Review the upcoming significant City Council agenda items for the period of October 1, 2017 through December 31, 2017, and review and take action on the following Proposed Agenda Items from Councilmembers.

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Proposed Items: a. Proposed Agenda Item from Councilmember Eklund: Discuss and

take action to reduce MarinMOCA’s payments to the City of Novato for space occupied at the Hamilton Art Center or assist in increasing their annual revenue by any of the following and/or other options:

1. Reduce the current space rent paid by MarinMOCA at the Hamilton Art Center.

2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc...)

3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios.

4. Others.

b. Proposed Agenda Item from Councilmember Eklund: “Discuss and take action on changing our policies and procedures for closed sessions” including, but not limited to: a) whether closed sessions should be recorded; b) what issues to be discussed in closed sessions; c) whether the City Council should adopt policies that are stricter than the Brown Act for the purposes of holding a closed session; d) who approves placing items on closed sessions; and, e) any other issues related to closed sessions that may come up in the discussion.

On January 12, 2016, the City Council approved discussing and taking action on changing our policies and procedures for closed sessions. As of today, this agenda item has yet to be scheduled. Proposed date to be placed on the City Council Agenda: October 24, 2017

c. Proposed Agenda Item from Councilmember Drew: “I propose that the current copy of the Council Agenda Schedule that the staff is using be emailed to council members at the same time the agenda is posted. This Council Agenda Schedule could be marked DRAFT as well as being labeled “Internal Planning Document – Subject to Change – Not for Distribution”.

The City Council already discussed Proposed Agenda Item a (MarinMOCA) after the City Council approved the Consent Calendar earlier in the evening. The City Council and staff conversed about the next quarter of proposed Council items and the format it was currently listed in as opposed to the proposed format it would be listed in, prior proposed Council items that were missing from the provided list, the response time from staff when Council questions were submitted to staff, a Council staff report template, and staff’s internal planning schedule as opposed to the Council internal planning document.

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COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, work with the City Clerk to identify aspects that the Council likes about the planning document and come up with a format that works for all of the Council members at the next Council meeting.

AYES: EKLUND, DREW NOES: LUCAN, FRYDAY, ATHAS

Motion failed.

After the vote, Council and staff discussed the upcoming cannabis moratoria items that were scheduled for October 10th. Councilmember Lucan asked Council if these items could be moved to the October 24th Council meeting. COUNCIL ACTION: The Mayor asked if there was any objection to moving the meeting. There was none from the Council, so these time sensitive items regarding cannabis would be heard at the Council meeting of October 24th. Motion carried. Council talked about scheduling Councilmember Eklund’s items on the Council Policy Manual and the Economic Development Feedback to Council, and whether or not to continue with the remaining J-17 items at that evening’s Council meeting.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Eklund, the City Council voted 4-1 via roll call to continue discussing items listed in J-17.

AYES: LUCAN, EKLUND, FRYDAY, ATHAS NOES: DREW Motion carried. Council and staff conversed about scheduling Councilmember’s Eklund’s proposed agenda item (J-17.b), including combining this item with the Council Policy Manual.

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COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Fryday, the City Council voted 2-2-1 to have this item be discussed at the same time as the Council Policy Manual in December.

AYES: EKLUND, FRYDAY NOES: LUCAN, ATHAS ABSTAIN: DREW This item would be placed on the To Be Determined List, but another motion was

made. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Fryday, the City Council voted 4-1 to have this item be discussed at the same time as the Council Policy Manual in January 2018.

AYES: EKLUND, FRYDAY, DREW, ATHAS NOES: LUCAN

Motion carried. Councilmember Drew withdrew her item (J.17.c).

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 meeting ended at 11:12 p.m.

Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, CMC City Clerk

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