CITY COUNCIL MEETING MINUTES NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE. June 12, :00 P.M.

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1 G-3 CITY COUNCIL MEETING MINUTES NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE June 12, :00 P.M. A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL At approximately 6:10 p.m., the regular City Council meeting began. COUNCIL PRESENT: Mayor Josh Fryday, Mayor Pro Tempore Pam Drew, Councilmember Pat Eklund, and Councilmember Eric Lucan COUNCIL EXCUSED ABSENCE: Councilmember Denise Athas STAFF PRESENT: City Manager Regan Candelario, City Attorney Jeffrey Walter, Assistant City Manager Michael Antwine, City Clerk Terrie Gillen, Police Chief Adam McGill, Public Works Director Russ Thompson, Deputy Director of Public Works Chris Blunk, Community Development Director Bob Brown, Planning Manager Steve Marshall, Interim IT Manager Shamin Miller, Recreation Services Manager Kevin Conklin, Recreation Services Manager Elizabeth Tran, Administrative Services Manager Kate Whan, Recreation Supervisor Ronele Schaefer, Accounting Supervisor Maureen Chapman, Accounting Supervisor Nick Saschin, Sustainability Coordinator Gretchen Schubeck, Interim Human Resources Manager Gail Papworth, Planner Vivek Damodaran, Senior Management Analyst Heather Hafer, Management Analyst Laura McDowall, Management Analyst Bryan Lopez, and Senior Office Assistant Maggie Rufo B. CLOSED SESSION ANNOUNCEMENT Mayor Fryday stated that the City Council gave staff direction regarding the following Closed Session item: 1. Conference with Legal Counsel Anticipated Litigation Significant Exposure to Litigation pursuant to paragraph 2 of subdivision (d) of section One potential case 1

2 C. CEREMONIAL MATTERS/PRESENTATIONS Mayor Fryday provided the proclamations listed under Ceremonial Matters. Thereafter, the City was presented with the Green Business Certificate, and Sustainability Coordinator Gretchen Schubeck introduced members of the City s Green Team. 1. Ceremonial Matter Proclamation recognizing June as Alzheimer s & Brain Awareness Month 2. Ceremonial Matter Proclamation recognizing the 40 th Anniversary of Brahma Kumaris USA in the San Francisco Bay Area and a proclamation recognizing Brahma Kumaris Sister Shivani Day 3. Ceremonial Matter Proclamation recognizing MarinMOCA s 35 th Anniversary 4. Presentation The City of Novato to receive a Green Business Certificate from Dana Armino, Senior Sustainability Planner with Marin County, and the introduction of the City s Green Team D. APPROVAL OF THE FINAL AGENDA seconded by Councilmember Lucan, the City Council voted via roll call to approve the Final Agenda. EKLUND, LUCAN, DREW, FRYDAY E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER 1. City Manager and City Council Reports City Manager Report In the City Manager s report, Mr. Candelario congratulated the Green Team for the City s status; mentioned that the Committees, Commissions, and Boards report was scheduled for the Council meeting of July 10; commented that the Art & Wine Festival was a success; alerted the Council that Transportation Authority of Marin (TAM) would be coming back to Council to talk about Measure A; announced that the discussion of the downtown SMART Station was scheduled also for July 10; and stated that Interim Human Resources Manager Gail Papworth would be sending the Council information about upcoming training requirements. 2 2

3 City Council Reports 1. Councilmember Eklund reported that she attended and/or participated in many Marin County and Novato events: Greek Festival, Art & Wine Festival, Marin County s Aviation Commission meeting, Safe Routes to School meeting, League of California Cities meeting, Association of Bay Area Governments (ABAG) meeting, and the Novato Green Film Series. 2. Mayor Pro Tempore Drew reported that she attended and/or participated in the Marin County Council of Mayors and Councilmembers (MCCMC) meeting, ABAG General Assembly meeting, the Primary Election, Aviation Commission, North Bay Watershed meeting, and Art & Wine Festival. She stated that she had been working on the City s budget. 3. Councilmember Lucan reported that he attended and participated in the TAM Executive Board meeting. 4. Mayor Fryday highlighted that he attended and/or participated in the Greek Festival, Art & Wine Festival, and a Memorial Day Service. 2. Proposed Agenda Item from Mayor Pro Tempore Drew Immediate discussion and action regarding whether to approve and/or fund the $2.1M Cost Overrun for the Phase II Downtown SMART Station in the 18/19 CIP budget or to delay construction, delaying the RFP for the Old Train Depot as well. Councilmember Lucan recused himself from this item due to possible conflict of interest and left the Council Chamber. Mayor Pro Tempore Drew introduced her item. There was discussion between Council and staff. There were two public comments. 1. Rene De Bos expressed the importance of this project and asked Council to not delay discussing this project. 2. Tom Engdahl commented on the proposed cost of Phase II of the Smart Station. Within the Mayor and Mayor Pro Tempore s discussion, it was understood that the item of the Phase II Train Station cost-over would be accounted for during the budget conversation on June 26. The City Manager confirmed what was stated between the Mayor and Mayor Pro Tempore. Furthermore, he stated that a more substantive conversation about this item would be discussed on July 10. Mayor Pro Tempore requested that at the July 10 meeting, staff would provide contingency plans as well. COUNCIL ACTION: Upon motion by Mayor Pro Tempore Drew and seconded by Councilmember Eklund, the City Council voted via roll call to move the item as was discussed aforementioned. 3 3

4 DREW, EKLUND, FRYDAY RECUSED: LUCAN Councilmember Lucan re-entered the Council Chamber. 3. Proposed Agenda Item from Councilmember Pat Eklund Place an agenda item on the June 26, 2018 City Council meeting to discuss and revise the proposed FY Budget to fund safety improvements and other needs identified in 2016 through 2018 for the Leafwood community and Lynwood School. Councilmember Eklund introduced her proposal, which she and the Council conversed about afterwards. There were four comments from the public. 1. Monica Miller, Alma Lozano, Elizabeth Ramos, and Rene De Bos, commented on their supported of this item. seconded by Mayor Pro Tempore Drew, the City Council voted via roll call to discuss the budget issues of this item tonight. Then, at a later Council meeting they would discuss more broadly this item (identifying the needs) at another Council meeting. EKLUND, DREW, LUCAN, FRYDAY It was mentioned by the Mayor and Councilmember Eklund to staff that when the Council has the broader discussion, that a translator and materials, such as the agenda, be available in Spanish. F. PUBLIC COMMENTS There were four public comments. 1. Sarah O Hala spoke about MarinMOCA s 35 th Anniversary and the work they provided to the community and the Bay Area. 2. Kevin Morrison stated that he was seeking local government to provide more leadership, because of events happening with our national government. 3. Al Dugan spoke about school safety and asked the City Council to budget for two school resource officers. 4 4

5 4. Patty Hoyt asked Council to adopt a resolution in support of Senate Bill 54. G. CONSENT CALENDAR Mayor Fryday recused himself from Item G-8. Councilmember Eklund recused herself from Item G-6. seconded by Councilmember Lucan, the City Council voted via roll call to adopt the Consent Calendar, excluding G-6 and G-8. EKLUND, LUCAN, DREW, FRYDAY seconded by Councilmember Lucan, the City Council voted via roll call to adopt G-8. EKLUND, DREW, LUCAN RECUSED: FRYDAY seconded by Councilmember Lucan, the City Council voted via roll call to adopt G-6. DREW, LUCAN, FRYDAY RECUSED: EKLUND 1. Waive reading and authorize introductions and/or adoption of ordinances by title only This is a standard procedural action to waive any readings of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety. 2. Approve the City Council special meeting minutes of May 14,

6 3. Approve the City Council regular meeting minutes of May 22, Adopt a resolution accepting a $30,852 Grant Assistance Program from the Department of Alcoholic Beverage Control (ABC) to allow the Police Department to continue its Minor Alcohol Access Prevention Program and authorize the FY 2018/19 budget to be revised accordingly The City Council adopted Resolution No Accept the Novato Police Department s responses to the Grand Jury Report: Sexual Assault in Marin: Evidence Collection, Processing and Backlog 6. Adopt a resolution amending the CIP Budget in the amount of $80,000 for the Pedestrian Access to Transit & Crosswalk Improvements (CIP Project No ) The City Council adopted Resolution No Authorize the City Manager to sign the Notice of Completion for the Hamilton Levee Seepage Collection Phase 2 Project (CIP Project No ); Exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines section Existing Facilities 8. Authorize the City Manager to consent to an extension of the Marin Museum of Contemporary Art (MarinMOCA) Artist-in- Residence sublease through December 31, 2018 H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARINGS 9. Hold a public hearing on Animal Control; and consider and possibly take action to adopt Ordinance No amending Chapter 3 of the Novato Municipal Code to adopt the County of Marin Animal Control Ordinance with revisions, and adopting and incorporating by reference Chapter 9 (in part) of Division 14 of the California Food and Agricultural Code and the fee schedule of the County of Marin for animal services City Manager Candelario introduced this item and Management Analyst Laura McDowall highlighted portions of the proposed ordinance. There were no questions or comments from Council or the public. 6 6

7 seconded by Councilmember Lucan, the City Council voted via roll call to adopt the ordinance. EKLUND, LUCAN, DREW, FRYDAY The City Council adopted Ordinance No Hold a public hearing on an appeal relating to the Mohajer Land Division; and consider and possibly take action to adopt a resolution on an appeal of a Community Development Director approval relating to and possible action to approve a two-lot land division for a 22,248 square foot parcel located at 1037 Simmons Lane (APN ) including approval of an exemption from the provisions of CEQA pursuant to CEQA Guidelines Section 15315, Minor Land Divisions Mohajer Land Division P , 1037 Simmons Lane (APN ) Vivek Damodaran, Planner, presented this item to the City Council, and Planning Manager Steve Marshall explained the revised resolution that the Council received that evening. Afterwards, Council and staff conversed more about this item. There were three comments from the public, who were in support of developing the property. The commenters were Richard Summerhayes, Frank Mallark, and Bruce Ramsay. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Pro Tempore Drew, the City Council voted via roll call to adopt the revised resolution. LUCAN, DREW, EKLUND, FRYDAY The City Council adopted Resolution No The City Council took a quick recess. 7 7

8 J. GENERAL BUSINESS 11. Consider and possibly take action to select a new three-lane preferred alternative for the Novato Boulevard Improvements between Diablo Avenue and Grant Avenue (CIP Project No ) and to authorize staff to file a Notice of Preparation of the Environmental Impact Report under the California Environmental Quality Act Deputy Public Works Director Chris Blunk presented this proposal to the City Council. Council expressed their pleasure with the presentation and work on the proposed project. They briefly asked questions. There were a few public comments. 1. Steve Grant commented that he would lose a few parking spaces. 2. Nancy Hughes in favor of the three-lane option, mentioned that she was the director of the California Urban Forests Council, and encouraged the City to save the many canopy trees. 3. Gayle Hays asked if there would be any street parking between Diablo Avenue and 7 th Street. She proposed for parking limitations on Diablo Avenue. Mr. Blunk addressed the parking issues mentioned by the public and discussed the matter of the trees with the Council. seconded by Councilmember Lucan, the City Council voted via roll call to select the new three-lane layout and authorize staff to file a Notice of Preparation. EKLUND, LUCAN, DREW, FRYDAY 12. Discuss the proposed FY 2018/19 Operating General Fund Budget and provide direction to staff The City Council asked questions and provided input to staff on what they would like to see in the budget. There was one public comment from Kevin Jacobs, who advocated for two school resource officers. 8 8

9 13. 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 third quarter of 2018 The City Council conversed with staff the agenda items scheduled for June 26 and the July 10 th Council meeting. Furthermore, Council highlighted some of the remaining items listed under the third quarter and on the TBD list. 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 adjourned the regular session meeting in memory of Lynn Gleason at 11:26 p.m. Draft Minutes recorded by City Manager Regan M. Candelario, and prepared and respectfully submitted by Terrie Gillen, CMC, City Clerk 9 9