CITY COUNCIL MEETING MINUTES NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE. September 11, :00 P.M.

Transcription

1 G-1 CITY COUNCIL MEETING MINUTES NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE September 11, :00 P.M. A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL At approximately 6:05 PM, the regular City Council meeting began, and had a moment of silence commemorating the anniversary of September 11 th. COUNCIL PRESENT: Mayor Josh Fryday, Mayor Pro Tempore Pam Drew, Councilmember Pat Eklund, and Councilmember Eric Lucan COUNCIL ABSENT (EXCUSED): Councilmember Denise Athas STAFF PRESENT: City Attorney Jeff Walter, City Manager Regan Candelario, Assistant City Manager Michael Antwine, Police Chief Adam McGill, and City Clerk Terrie Gillen B. CLOSED SESSION ANNOUNCEMENT Per the City Attorney, the City Council discussed the following Closed Session Item and gave staff direction. 1. Public Employee Discipline/ Dismissal/ Release (Government Code Section 54957) C. CEREMONIAL MATTERS/PRESENTATIONS 1. Ceremonial Matter Proclamation recognizing Jack Buckhorn and the North Bay Labor Council 2. Presentation Recognizing Gold Star Moms Group Only the recognition of the Gold Star Moms Group was presented. Per the City Manager the proclamation for Mr. Buckhorn and the North Bay Labor Council would be rescheduled for another time. 1 1

2 D. APPROVAL OF THE FINAL AGENDA Consent Calendar Item G-3 pertaining to the Vineyards Road Improvement Project was tabled due to a bid protest and would return at the next Council meeting. COUNCIL ACTION: Upon motion by Mayor Pro Tempore Drew and seconded by Councilmember Lucan, the City Council voted via roll call to approve the Final Agenda. DREW, LUCAN, EKLUND, FRYDAY, E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER 1. City Manager and City Council Reports City Manager Report City Manager Candelario reported the following: 1) Announced that this week was the League of California Cities Annual Conference and some of the Councilmembers would be attending, 2) Mentioned that staff was working with Council on the Strategic Plan, 3) Stated that he participated at an EOC training, and 4) Mentioned that the Council Policy Manual Subcommittee met. City Council Reports Councilmember Eklund reported on the following: 1) She would be attending the League of California Cities Annual Conference with Mayor Pro Tempore Drew and Councilmember Athas, 2) She invited the public to attend the Indian Valley College Ball Fields Dedication name change recognizing former Mayor Ernie Gray, the Historical Guild Meeting at 10 AM, the Veterans of Foreign Wars Open House Building at 2 PM, the North Bay Climate Action Summit on September 20 at the Buck Institute from 10 AM to 4 PM 3) She would be attending an ABAG meeting and CASA meeting next week. Mayor Pro Tempore Drew reported that she attended the Design Review Commission meeting and the Marin Arts Culture Action! Meeting. She explained what this meeting was. Councilmember Lucan reported that this week was Marin National Drive Electric Week and there was going to be an electric car show on Saturday, September 15 from 10 AM to 3:30 PM at Greenbrae. 2 2

3 Mayor Fryday reported that also on Saturday, September 15, there would be a Climate event as result to continue the momentum from the Global Climate Action Summit Additionally, he announced that there would be another Rock the Block event on Thursday, September Proposed Agenda Item from Councilmember Pat Eklund Place an agenda item on a City Council Meeting in the first quarter of 2019 for a policy discussion and decision to reduce the number of vehicles in the City fleet, to develop a program to eliminate/reduce gasoline and/or diesel powered vehicles and increase use of hybrid and electric vehicles in the City fleet with a view to eliminating diesel emissions and black carbon from our communities. The agenda item also includes the discussion and action of supporting the Diesel Free by 33 Initiative by signing the Statement of Purpose. Councilmember Eklund introduced the item. Afterwards, Council and staff had a discussion, including wanting to know from staff what s the current status on our sustainability program, including handling the City s fleet, and determine if Council should take additional action, including potentially signing on to Diesel free. There was no public comment. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, the City Council voted via roll call to ask staff to report to the Council on what they (staff) have been doing and what the current process is (pertaining to the sustainability program, including the managing of the City s fleet), and discuss whether or not to take further action to reduce the vehicles and try to achieve zero emissions, and to discuss whether to sign the Diesel Free by 33 (Statement of) Purpose EKLUND, DREW, LUCAN, FRYDAY F. PUBLIC COMMENTS There were two public comments. 1) Carol-Joy Harris with the League of Women Voters spoke about the organization, recognized members of the League in the audience, and reiterated to Council that each Council member signed the Elevate the Discussion Pledge. 3 3

4 2) Richard Perino sought more information pertaining to the Income-based Rental Housing Discrimination Ordinance. G. CONSENT CALENDAR COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted via roll call to adopt the Consent Calendar, excluding G-1, G-2, and G-4. EKLUND, LUCAN, DREW, FRYDAY 1. Authorize the City Manager to sign a Memorandum of Understanding between the City of Novato and the Novato Unified School District for the services of Police School Resource Officers This item was pulled for discussion. 2. Approve holding a joint meeting between the Novato City Council and the Novato Unified School District Board of Trustees on Tuesday, November 13, 2018 at 6:00 p.m. in the City of Novato Council Chambers, 901 Sherman Avenue This item was pulled for discussion. 3. Award a construction contract to Coastside Concrete and Construction Inc., as the lowest responsible bidder submitting the lowest responsive bid, for the Vineyard Road Improvements Project (CIP No ) in the total amount of $1,554,866.28, which includes an allowance for the standard 10% contingency; find that this project is exempt from CEQA pursuant to section 15301(c)and 15301(d) Existing Facilities; and authorize the City Manager to execute the contract This item was pulled from the agenda during approval of the Final Agenda. 4. Approve staff s recommendation to update the City of Novato s Conflict of Interest Code (Code) by amending Appendix A to Section of the Novato Municipal Code to add staff positions to the list This item was pulled for discussion. 5. Adopt an Ordinance amending the Novato Municipal Code to add a new section 4-16 (Income-Based Rental Housing Discrimination) and find that adoption thereof is exempt of the California Environmental Quality Act (CEQA), pursuant to CEQA guidelines section (b) (3) 4 4

5 The City Council adopted Ordinance Adopt a resolution approving the appointment of Dan Weakley to the retired annuitant position of Interim Human Resources Manager pursuant to California Government Code Sections and 21221(h) and CalPERS rules concerning such appointments The City Council adopted Resolution No Adopt a resolution allowing CalPERS members, hired prior to March 1986, to take part in a referendum that allows members to participate in the Medicare portion of the Federal Social Security Retirement System, and authorizing the City Manager and Assistant City Manager to conduct the referendum as the Local Referendum Officers and to approve coverage of both the employee and city shares of the 1.45% of eligible employee salaries The City Council adopted Resolution No Adopt a resolution revising the Associate Civil Engineer class specification to remove the California Civil Engineer license requirement as a minimum qualification and retitle the class as Associate Engineer; and Adopt a resolution amending Budget Resolution to increase the total 2018/19 Fiscal Year capital projects reimbursement amount from $765,000 to $799,000 by transferring $34,000 from the Capital Improvement Projects Staff Charges Fund to the Public Works Capital Project Engineering Account for the Associate Engineer positions The City Council adopted Resolution No Adopt a resolution approving an agreement with Frei Real Estate Services relating to the Marin Valley Mobile Country Club Management (Documents were distributed.) The City Council adopted Resolution No H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARING There were no items listed for this section. 5 5

6 J. GENERAL BUSINESS 10. Consider and possibly take action to support the two proposed League of California Cities resolutions pertaining to (a) responding to the increasing vulnerabilities to local municipal authority and (b) support the repeal of preemption in California food and agriculture code that prevents local governments from regulating pesticides, which will be discussed at the League s Annual Conference Business Meeting and direct the delegate and alternates to vote in support of them City Manager Candelario introduced this item. There were no Council questions or comments, nor were there public comments on this item. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Eklund, the City Council voted via roll call to support the two proposed League of California Cities resolutions in the packet and allow some discretion depending on any evidence or any presentations made at the Conference or anything mentioned at the policy meetings. LUCAN, EKLUND, DREW, FRYDAY 11. Consider and possibly take action to review, discuss, and make content changes to the list of significant and proposed City Council agenda items for the fourth quarter of 2018 The City Clerk introduced the item. Thereafter, the Council and staff discussed future agenda items, particularly the parklet item, and when they should be placed on the upcoming Council meetings. They also conversed on items on the TBD list and items that were not mentioned on the list. COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Eklund, to move the parklet item to October 9 as was recommended (by staff) and give them the flexibility; if they want, to get input from the Planning Commission and Design Review Commission to bring to us (the City Council) on that meeting (October 9). The Council continued discussion with staff about scheduling the 115 Trust OPEB, and MarinMOCA. 6 6

7 (Although Council did not take a formal vote or mentioned a consensus on the motion, it was implied that the items concerning the parklet, 115 Trust, OPEB, and MarinMOCA would be placed on either an upcoming Council meeting or on the TBD list.) K. COMMISSIONS, COMMITTEES AND BOARDS (CCB s) APPOINTMENTS 12. Consider and take action to vote and make appointments to the City of Novato s boards, commissions, and committees Staff provided to the City Council the results of each Council member s votes for the various boards, commissions, and committees. There was a matter on whether to appoint applicant Tim Roche to either the Planning Commission or the Design Review Commission. Per the Municipal Code, an individual could not serve on both. As a result, the City Council took the following action. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Fryday, the City Council voted via roll call to approve the other appointed seats as shown by the ballots with the exception of the Design Review Commission and Planning Commission. LUCAN, FRYDAY, EKLUND, DREW Those applicants appointed to the various boards, commissions, and committees were: Bicycle Pedestrian Commission: Jack Gedney, Joakin Osthus, and Nestor Schnasse Economic Development Advisory Commission: Peter Pelham, Coy Smith, Michelle Mahoney, and Anne Russell Novato Citizens Finance Advisory/ Oversight Committee: Caitrin Devine, Tim O Connor, and Mark Milberg Novato Streetscape Committee: Marcia Basalla, Michael Furry, and Ed Schulze Police Advisory Review Board: Bruce Bartel, Bruce Ritter, and Kyla Medigovich Streetscape Improvement Oversight Advisory Committee: Chase Maxwell Council took further action. 7 7

8 COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Fryday, the City Council voted via roll call to continue with the Planning Commission and Design Review Commission in its entirety (that is leave in the current members of these commissions) until there is a full Council (at a Council meeting to vote on appointing and/or reappointing applicants to these commissions). LUCAN, FRYDAY, EKLUND, DREW ITEMS PULLED FROM CONSENT CALENDAR G1. Authorize the City Manager to sign a Memorandum of Understanding between the City of Novato and the Novato Unified School District for the services of Police School Resource Officers Councilmember Eklund explained that she pulled this item for clarification as to whether the City would be compensated in the amount of 50% for one school resource officer or for two school resource officers. Staff provided clarification that it was for 50% for two school resource officers. COUNCIL ACTION: Upon motion by Councilmember Eklund to compensate the City in the amount of 50% of two School Resource Officers full salary and benefits. The City Attorney recommended to the maker of the motion to include in the motion for staff or the City Attorney s Office to come up with a document to reflect the intentions of the parties. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Fryday to compensate the City in the amount of 50% of two School Resource Officers full salary and benefits, and direct staff or the City Attorney s Office to come up with a document to reflect the intentions of the parties. EKLUND, FRYDAY, LUCAN, DREW 8 8

9 G2. Approve holding a joint meeting between the Novato City Council and the Novato Unified School District Board of Trustees on Tuesday, November 13, 2018 at 6:00 p.m. in the City of Novato Council Chambers, 901 Sherman Avenue Councilmember Eklund explained that she too also pulled this item off the Consent Calendar, because of her concern that there were many items already scheduled for the remaining fourth quarter and she was not aware of some of the proposed items scheduled for the joint meeting with the NUSD. Thereafter, Council and staff chatted on this matter. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Fryday, the City Council voted via roll call to approve holding the joint meeting. LUCAN, FRYDAY EKLUND, DREW Councilmember Eklund requested that it be noted that she voted no, because she supported the concept of meeting with the school board, but not until 2019 when Council had the opportunity to put items on the agenda. Motion failed. G4. Approve staff s recommendation to update the City of Novato s Conflict of Interest Code (Code) by amending Appendix A to Section of the Novato Municipal Code to add staff positions to the list Councilmember Eklund had pulled this item, because she would like to include the members of the Economic Development Advisory Commission (EDAC) to be placed on the Conflict of Interest Code to file the Fair Political Practices Commission Statement of Economic Form 700. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, to approve the item but add the Economic Development Commission to complete the Form 700 and be classified as an A. After the motion, Council and staff discussed whether or not to update the City of Novato s Conflict of Interest Code to include members of EDAC, and whether or not there was a time sensitivity to this. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, the City Council voted via roll call to approve the item but add the Economic Development Commission to complete the Form 700 and be classified as an A. 9 9

10 EKLUND, DREW LUCAN, FRYDAY Motion failed. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Fryday, the City Council voted via roll call to adopt as is (staff s recommendation), but to come back (to Council) with specific information regarding the Citizen s Finance Advisory Committee and Economic Development Advisory Commission. LUCAN, FRYDAY EKLUND, DREW Motion failed. L. WORK STUDY SESSION There were no items listed for this section. M. ADJOURNMENT At approximately 8:30 p.m., the City Council adjourned the meeting in memory of the individuals who lost their lives on September 11. Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, CMC, City Clerk 10 10