Mayor Pro Tem Athas Councilmember Drew Councilmember Fryday Councilmember Lucan. 1. Public Comment at 922 Machin Avenue- None

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1 A. CALL TO ORDER JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY CLOSED SESSION MEETING MINUTES CITY OF NOVATO ADMINISTRATIVE OFFICES 922 MACHIN AVENUE August 16, :00 PM Present: Absent : Mayor Eklund Mayor Pro Tem Athas Councilmember Drew Councilmember Fryday Councilmember Lucan None 1. Public Comment at 922 Machin Avenue- None 2. Recess to Closed Session B. CLOSED SESSION 1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager 2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION (a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section ) Name of case: Estate of Wilfred Lieb; and Lloyd Lieb et al. v. City of Novato, Superior Court Case Nos. PR and CIV CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION (a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section ) Name of Case: Willie Stubblefield v City of Novato, et al., U.S. District Court Case No. 15-CV JCS 1

2 JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY MEETING MINUTES COUNCIL CHAMBERS 901 SHERMAN AVENUE August 16, :45 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL Present: Absent : Councilmember Lucan Councilmember Drew Councilmember Fryday Mayor Eklund Mayor Pro Tem Athas None Also present: Interim City Manager Cathy Capriola, City Attorney Jeff Walter and Deputy City Clerk Laura McDowall. C. CEREMONIAL MATTERS/PRESENTATIONS Proclamation: 50th Anniversary of Novato Toyota Herb, Joyce and Randy Lakritz were present to accept the proclamation and said a few words. B. CLOSED SESSION ANNOUNCEMENT The City Council met in closed session to discuss Item B as listed on the Closed Session Agenda. A second closed session was convened upon adjournment of the open session. City Attorney Jeff Walter announced that there was nothing to report out in regards to the closed session item dealing with the public employee appointment. He further announced that the City Council gave the attorneys direction on the two existing litigation cases, Estate of Wilfred Lieb; and Lloyd Lieb et al. v. City of Novato, Superior Court Case Nos. PR and CIV and Willie Stubblefield v City of Novato, et al., U.S. District Court Case No. 15-CV JCS. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT Mayor Pro Tem Athas moved, Seconded by Councilmember Drew, to approve Final Agenda, Waiver of the Reading of Ordinances and Notices of Intent. The motion was approved unanimously. 2

3 E. PUBLIC COMMENTS None F. CONSENT CALENDAR Item F-1: Approval of Minutes: a. Approve City Council Minutes of July 12, 2016 The Council approved the minutes of the July 12, 2016 meeting. b. Approve City Council Special Meeting Minutes of July 12, 2016 The Council approved the minutes of the July 12, 2016 special meeting. c. Approve City Council Minutes of July 26, 2016 The Council approved the minutes of the July 26, 2016 meeting. d. Approve City Council Special Meeting Minutes of July 26, 2016 The Council approved the minutes of the July 26, 2016 special meeting. Item F-2: Resolution : A Resolution Authorizing the Interim City Manager to Accept a 2016 State Homeland Security Grant Program Grant in the Amount of $28, to Purchase a Remote Control Robot, and Amending the 2016/2017 Adopted Budget. Council adopted Resolution No authorizing the Interim City Manager to accept a 2016 State Homeland Security Grant Program Grant in the amount of $28, to purchase a remote control robot, and amending the 2016/2017 adopted budget. Councilmember Fryday moved, Seconded by Councilmember Lucan, to approve the Consent Calendar. The motion was approved unanimously. G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS No items were listed for this section. 3

4 I. GENERAL BUSINESS Item I-1: Approve and Authorize the Mayor to Sign the City Manager Employment Agreement with Regan Candelario. City Attorney Jeff Walter opened the item, and stated the Regan Candelario's start date would be October 24, During discussion, it was clarified that the rule in the contract limiting communication regarding termination with cause was a common clause in a City Manager's contract. PUBLIC COMMENT: None Councilmember Lucan moved, Seconded by Mayor Pro Tem Athas, to approve the City Manager Employment Agreement with Regan Candelario. The motion was approved unanimously. Item I-2: Resolution : A Resolution Appointing Joseph Kreins as Interim Police Chief Pursuant to California Government Code Section 21221(h). Interim City Manager Cathy Capriola opened the item and briefly explained Joseph Kriens' background and the rules surrounding a PERS retiree appointment. During discussion, it was explained that this was a limited term, at-will position that serves at the pleasure of the City Manager. It was clarified that the position could be ended prior to the date stated in the resolution, and that if the position were to be ended early a notice period of two weeks was generally given. PUBLIC COMMENT: None Councilmember Fryday moved, Seconded by Councilmember Drew, to approve Resolution No appointing Joseph Kreins as Interim Police Chief pursuant to California Government Code Section 21221(h). The motion was approved unanimously. Item I-3: Discussion and Direction regarding Scheduling an Agenda Item to have Staff give a Presentation on the Ralph M. Brown Act, California's Open Meeting Law, and Discuss Options related to Closed Sessions in the City of Novato. Mayor Eklund opened the item and explained she was requesting a future agenda item on the Brown Act to have a presentation on the Brown Act, and discuss and possibly change the City s practices with respect to what issues could be discussed in closed session, whether closed session meetings should be recorded, and whether the City Council should adopt policies that are stricter than the Brown Act for the purposes of holding a closed session. 4

5 During discussion, it was clarified that the estimated time the City Attorney would need to spend on this item, including the presentation, would be between 3-6 hours. It was suggested that presentation of the Brown Act be extended to include a presentation to the City's Commission, Committee and Boards, and to members of the public. There was general support for a discussion about Closed Sessions including whether the Council should consider policies that are more stringent than the Brown Act. PUBLIC COMMENT 1. Mike Arnold Councilmember Drew moved, Seconded by Mayor Pro Tem Athas, to approve adding an item to a future agenda on the Brown Act, including the Commissions, Committees, Boards and Public, if they so choose. The motion was approved unanimously. Item I-4: Discussion and Direction regarding Scheduling an Agenda Item to Discuss Consideration of Revising the Council Policy Related to Councilmember Representation on Outside Boards and Commissions. Mayor Eklund briefly explained that she requested this item be scheduled on a future agenda to discuss changing the Council Policy so that there could be more input from the entire Council before representatives on outside Boards and Commissions voted on items affecting the City. During discussion, it was questioned whether changing the Council Policy would prohibit representatives from participating fully in their respective Boards and Commissions, and it was generally felt that the Policy should remain as it was. PUBLIC COMMENT 2. Mike Arnold Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve keeping the Council policy as-is. The motion was carried 3-2 with Councilmember Drew and Mayor Eklund voting No. Item I-5: Discussion and Direction Regarding Scheduling an Agenda Item to discuss the City's Role in the Annual Celebration of Novato's Birthday, Paint the Town Red. Councilmember Drew explained that she brought this item forward to discuss whether the event could be made more accessible to the public. PUBLIC COMMENT 3. Jennifer Goldfinger 4. Dietrich Stroh 5

6 5. Dale Kline 6. Hutch Turner 7. Jennifer Goldfinger While making the event more accessible was favorably viewed in general, it was decided that a future discussion was not needed. Councilmember Drew moved, Seconded by Mayor Eklund, to approve adding an item on a future agenda regarding Paint the Town Red. The motion failed 2-3 with Councilmember Drew and Mayor Eklund voting Yes, and Councilmember Fryday, Councilmember Lucan and Mayor Pro Tem Athas voting No. Item I-6: Discussion and Direction regarding Scheduling an Agenda Item to Consider taking a Position Urging the Marin County Board of Supervisors to Authorize the Application of Laura's Law in Marin County. Councilmember Drew gave a brief explanation as to why she had requested that this item be placed on a future agenda. It was generally felt that the Council would like to learn more about Laura's Law, and that an item on the topic should be placed on a future agenda. PUBLIC COMMENT 8. Cynthia Jackson Councilmember Fryday moved, Seconded by Mayor Eklund, to approve adding an agenda item to a future meeting to consider taking a position urging the Marin County Board of Supervisors to authorize the application of Laura's Law in Marin County. The motion was approved unanimously. J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees or Boards. K. COUNCILMEMBER/CITY MANAGER REPORTS Councilmember Lucan reported that at a recent Transportation Authority of Marin (TAM) Board meeting the City of Novato was awarded grant assistance for the Hill Recreation Area and Carmel Open Space, as well as $1.45 million towards the Downtown SMART Station. Mayor Eklund reported that she had also attended the recent Transportation Authority of Marin (TAM) Board meeting, and extended her thanks towards the residents of Carmel for attending the meeting as well. She further reported that she had attended Nostalgia Days and the 50th Anniversary of Toyota Novato, and stated that both were great events. 6

7 L. WORK STUDY SESSION No items listed for this section. M. ADJOURNMENT At 9:15 p.m. the meeting was adjourned in memory of Patricia M. Jones. 7

8 JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY CLOSED SESSION MINUTES COUNCIL CHAMBERS 901 SHERMAN AVENUE and CITY OF NOVATO ADMINISTRATIVE OFFICES 922 MACHIN AVENUE August 16 9:16 PM 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 (a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section ) Name of Case: First Amendment Coalition vs City of Novato There was no action taken. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council /Laura McDowall/ Laura McDowall, Deputy City Clerk 8