DRAFT NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE, NOVATO. July 25, :00 pm

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1 G-1 DRAFT NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE, NOVATO July 25, :00 pm The City Council Regular Meeting was called to order at 6:00 p.m. on Tuesday, July 25, Machin Avenue Novato, CA / FAX 415/ Mayor Denise Athas Mayor Pro Tem Josh Fryday Councilmembers Pam Drew Pat Eklund Eric Lucan City Manager Regan M. Candelario A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL Council Present: Mayor Athas, Mayor Pro Tem Fryday, Councilmember Drew, Councilmember Eklund, Councilmember Lucan Roll was called with five of five Councilmembers present, creating a quorum. Staff Present: City Manager Regan Candelario, City Attorney Jeff Walter, City Clerk Claudia Laughter, Community Development Director Bob Brown, Director of Public Works Russ Thompson, Director of Hamilton Base Reuse Scott Ward, Interim Community Services Director Kevin Conklin, Recreation Services Manager Elizabeth Tran, Deputy Public Works Director Christopher Blunk B. CLOSED SESSION ANNOUNCEMENT No closed session scheduled. C. CEREMONIAL MATTERS/PRESENTATIONS - PRESENTATION Mayor Athas presented certificates to the Margie Burke Speech Contest Award Winners Connor Ruiz, Anna Sophia Gomes, Jiboni Glostein, Pascale de Buren, and their teacher Deborah Baraban from San Jose Middle School. - PRESENTATION Mayor Athas recognized departing City Clerk Claudia Laughter. - PROCLAMATION Mayor Athas presented a proclamation to Ken Winans and the Novato Space Station Museum. - PROCLAMATION Mayor Athas presented Interim Community Services Director Kevin Conklin and his staff with a Proclamation for Parks and Recreation Month. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT PUBLIC COMMENT: None. Councilmember Eklund requested moving Item J-11 before Item J-10. 1

2 MOTION TO APPROVE FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT AND ITEM J-11 BEFORE ITEM J-10 E. COUNCILMEMBER/CITY MANAGER REPORTS E.1 - CITY MANAGER REPORT City Manager Candelario reported on the following items: - CCB Recruitment July 27 th Deadline; Council interviews August 21 st & 22 nd - Updates on Items G-6 and G-7 from Staff - Economic Development Meeting scheduled for July 27 th - League of California Cities Meeting in August in Vallejo - Bahia Park Ribbon cutting delayed E.2 - COUNCILMEMBER REPORTS Councilmember Lucan reported on SMART Board Meeting, and thanked staff for Sundays on Sherman. Mayor Pro Tem Fryday reported on upcoming Concerts in Hamilton and thanked the Public Works Staff for their prep work. Councilmember Drew attended the MCL Meeting, Concerts on the Green, and the DRC Sign Review Commission for Wood Hollow Hotel. She also reported that she did a ride along with Officer Chris Jacobs. Councilmember Eklund attended the Design Review Commission, MTC/ABAG Joint Meeting. Mayor Athas attended a meeting with some members of the Shia Ismaili Muslim faith community and with the City Manager and Chief of Police. She also attended a ribbon cutting for Feathered Nest, workshop on the hotel project, rode SMART to San Rafael, met with community members, attended Chamber of Commerce, Design Review Commission Meetings for Bahia and Wood Hollow, the County Chamber Mixer, MCE Meeting, and the League of California Cities event. The Mayor also recognized the Downtown Streets Team. F. PUBLIC COMMENTS: 1. Peter Mendoza SMART Issues with ADA Access/bus stop 2. Paula Neese Unmarked parking by Sentimental Journey 3. Veda Florez Multicultural Commission Movie Nights 2

3 G. CONSENT CALENDAR PUBLIC COMMENT: None 1. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 9, 2017 Council approved the minutes. 2. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 16, 2017 Council approved the minutes. 3. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 23, 2017 Council approved the minutes. 4. ADOPT A RESOLUTION TO FIND THAT THE MARIN VALLEY MOBILE COUNTRY CLUB TRANSFORMER REPLACEMENT QUALIFIES AS AN EMERGENCY THAT WILL NOT PERMIT DELAY IN RESPONSE UNDER CALIFORNIA PUBLIC CONTRACTING CODE SECTIONS 1102 AND 22050(A)(2), AND AUTHORIZE THE CITY MANAGER TO PROCURE REPLACEMENT TRANSFORMERS AND THE SERVICES REQUIRED FOR INSTALLATION PURSUANT TO CALIFORNIA PUBLIC CONTRACTING CODE SECTION 22050(A)(1) Council adopted Resolution No SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL ADOPTING AN AMENDMENT OF THE ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R1-7.5 TO PLANNED DISTRICT (PD) AND APPROVE THE OAKMONT SENIOR LIVING OF NOVATO MASTER PLAN TO ALLOW FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AS THE ASSIGNED LAND USE FOR A PORTION OF THE PARCEL AT 1461 SOUTH NOVATO BLVD., APN IN ACCORDANCE WITH THE CITY OF NOVATO MUNICIPAL CODE, CHAPTER XIX, AND THE CONSERVATION AND PLANNING LAW OF THE STATE OF CALIFORNIA Council adopted Ordinance No APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR MARIN S RETIREMENT HEALTH CARE BENEFITS: THE MONEY STILL ISN T THERE Council agreed to previously submitted edits from Councilmember Eklund and authorized the response. 7. ADOPT A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE HAMILTON LEVEE SEEPAGE COLLECTION PHASE 2-CIP PROJECT NO , AS A FORCE ACCOUNT CONTRACT TO COASTSIDE CONCRETE AND CONSTRUCTION, INC., AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT Mayor Pro Tem Fryday recused himself from the vote on this item. Council approved Resolution No ADOPT A RESOLUTION TO AMEND THE 17/18 CAPITAL IMPROVEMENT PROGRAM BUDGET TO MODIFY THE FUNDING SOURCE OF CAPITAL IMPROVEMENT PROJECT NO , DOWNTOWN SONOMA-MARIN AREA RAIL TRANSIT STATION PHASE II, FROM A LOAN FROM THE HAMILTON TRUST TO CITY FUNDS FORM TWO SOURCES: THE EQUIPMENT REPLACEMENT FUND (605) AND THE EMERGENCY AND DISASTER RESPONSE RESERVE (299) Council approved Resolution No

4 MOTION TO APPROVE THE CONSENT CALENDAR WITH STATED CHANGES M/S/C LUCAN/EKLUND AYES: 5 NAYS: 0 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 9. COMMUNITY GARDEN UPDATE AND FUTURE LIEB PROPERTY CONSIDERATION AS A POTENTIAL LOCATION OF THE COMMUNITY GARDEN AT 1521 HILL ROAD, ACROSS FROM THE MARGARET TODD SENIOR CENTER AND HILL RECREATION AREA Public Works Director Russ Thompson and Recreation Services Manager Elizabeth Tran gave a presentation to the Council regarding the Lieb Property and potential for the Community Garden location. PUBLIC COMMENTS: 1. Veronica Valero Novato Live Well Network history and support of project 2. Paula Neese Support the project 3. Fred Reece Support the project distributed handout 4. Matt (no last name given) Support the project 5. David Selzer Support the project 6. Tina McMillan Support the project 7. Don Foster Support the project 8. Veda Florez Support the project MOTION TO GIVE DIRECTION TO STAFF TO PROCEED WITH THE PLANNING PROCESS AND COMMUNITY ENGAGEMENT AND REVIEW THE STATUS OF THE GROUP AS A NON-PROFIT, SO THAT FEES ARE NOT CHARGED FOR THE FURTHER CONTINUATION OF THE COMMUNITY GARDENPROJECT M/S/C FRYDAY/ATHAS AYES: 5 NAYS: 0 Council had agreed at agenda approval to review Item J-11 before Item J APPROVE A RESOLUTION APPOINTING PERSONS TO WRITE THE ARGUMENT IN FAVOR OF MEASURE REVISING THE URBAN GROWTH BOUNDARY MEASURE ON THE NOVEMBER 2017 BALLOT City Clerk Claudia Laughter reviewed the options presented in the resolution for Council to choose the manner of the ballot measure argument to be written. City Attorney Jeff Walter reminded the Council that the argument was to be written by the Council and any staff involvement would be restricted to their own time and resources. 4

5 PUBLIC COMMENTS: 1. Max Perrey Sierra Club support ballot measure 2. Susan Stompe Marin Conservation League support ballot measure MOTION FOR THE FIVE COUNCILMEMBERS TO SIGN THE BALLOT ARGUMENT AND FORM AN AD HOC COMMITTEE TO AUTHOR THE BALLOT MEASURE AND RECEIVE INPUT FROM COMMUNITY ORGANIZATIONS MOTION TO APPOINT COUNCILMEMBERS JOSH FRYDAY AND PAT EKLUND TO WORK WITH ENVIRONMENTAL GROUPS TO AUTHOR THE ARGUMENT IN FAVOR OF THE URBAN GROWTH BOUNDARY BALLOT MEASURE M/S/C LUCAN/ATHAS AYES: 5 NAYS: STRATEGIC PLAN UPDATE, PROPOSED SCHEDULE, AND REVIEW OF THE PROCESS TO ADDRESS THE CITY-OWNED FEDERAL LANDS-TO-PARKS SITES IN HAMILTON, STRATEGIC PLAN ITEM 3C CM Candelario presented the item to Council to give an opportunity to review and recommend next steps for the Strategic Plan process and review Item 3C from the Strategic Plan. Councilmember Eklund questioned the legality of discussing the item. Mr. Walter stated the item was to discuss process only not the meaning of Item 3C. PUBLIC COMMENTS: 1. Joan Goode Concerns of 3C content 2. Tracey Ruiz Concerns of identification of properties CM Candelario reviewed the proposed schedule from the staff report for discussing the Strategic Plan including several community meetings proposed. MOTION TO RECEIVE THE CURRENT STRATEGIC PLAN UPDATE FROM STAFF INCLUDING KICKING OFF THE PROCESS DATES AS SCHEDULED M/S LUCAN/FRYDAY Before the above motion was made, Councilmember Eklund proposed the following amendment. PROPOSED AMENDMENT TO ADD AN ITEM ON THE AUGUST 29, 2017 AGENDA TO REVIEW AND TAKE ACTION TO APPROVE THE STRATEGIC PLAN FOR PROPOSED CHANGES M/S/C EKLUND/DREW AYES: 2 (EKLUND, DREW) NAYS: 3 (LUCAN, FRYDAY, ATHAS) Motion failed. 5

6 Due to the above unsuccessful proposed amendment, the original motion made by Councilmember Lucan passed with the following vote. MOTION TO RECEIVE THE CURRENT STRATEGIC PLAN UPDATE FROM STAFF INCLUDING KICKING OFF THE PROCESS DATES AS SCHEDULED M/S/C LUCAN/FRYDAY AYES: 3 (LUCAN, FRYDAY, ATHAS) NAYES: 2 (DREW, EKLUND) Thereafter, City Manager Candelario received questions from Council on Strategic Plan Item 3C, with Councilmember Eklund objecting that her original proposed item submission on the topic was not included in the staff report. MOTION TO AGENDIZE COUNCILMEMBER EKLUND S ITEM ON AUGUST 29, 2017 COUNCIL MEETING TO DISCUSS WHAT ITEM 3C MEANS M/S EKLUND Motion failed for lack of a second. PUBLIC COMMENTS: 1. Tracey Ruiz Concerned about input on Strategic Plan; reject 3C status quo 2. Joan Goode Concerns about Strategic Plan CM Candelario stated the Strategic Plan was a fluid document and that community workshops are proposed for discussion. MOTION TO PLACE ON THE AUGUST 29, 2017 COUNCIL AGENDA THE PROPOSED AGENDA ITEM FROM COUNCILMEMBER EKLUND TO DISCUSS AND PROVIDE DIRECTION ON WHAT ITEM 3C MEANS, ONCE RESTRICTIONS ARE REMOVED AND DISCUSS AND PROVIDE DIRECTION ON OPTIONS M/S EKLUND/DREW PROPOSED AMENDMENT TO INCLUDE LANGUAGE FOR ENTIRE OBJECTIVE 3C AMENDMENT ACCEPTED M/S/C EKLUND/DREW AYES: 2 (DREW, EKLUND) NAYS: 3 (LUCAN, FRYDAY, ATHAS) Motion failed. Mayor Pro Tem Fryday stated the discussion should be of what several options were then review with the community before presenting to Council for their direction. Staff would move forward with the approved schedule as presented. 6

7 12. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF SUPPORT FOR ASSEMBLY BILL 435 (THURMOND) CHILD CARE SUBSIDY PLANS: COUNTIES OF ALAMEDA, CONTRA COSTA, MARIN, AND SONOMA Councilmember Eklund stated she had pulled the item at the July 11, 2017 Council Meeting to have the Mayor, not the City Manager sign the Letter of Support. MOTION TO AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT FOR ASSEMBLY BILL 435 (THURMOND) CHILD CARE SUBSIDY PLANS: COUNTIES OF ALAMEDA, CONTRA COSTA, MARIN, AND SONOMA 13. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF OPPOSITION FOR SENATE BILL 649 (HUESO) WIRELESS TELECOMMUNICATIONS FACILITIES Councilmember Eklund stated she had pulled the item at the July 11, 2017 Council Meeting to have the Mayor, not the City Manager, sign the Letter of Support. MOTION TO AUTHORIZE THE MAYOR TO SIGN A LETTER OF OPPOSITION FOR SENATE BILL 649 (HUESO) WIRELESS TELECOMMUNICATIONS FACILITIES K. COMMISSIONS, COMMITTEES, AND BOARDS (CCB) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees, or Boards. L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT IN MEMORY OF RAFAEL SILVA M/S/C LUCAN/ATHAS AYES: 5 NAYS: 0 MEETING ADJOURNED AT 9:55 P.M. 7