G-2 JOINT NOVATO CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY REGULAR MEETING MINUTES to be held at NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE February 13, 2018 6:00 P.M. A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL At approximately 6:02 p.m., the regular City Council meeting began. COUNCIL PRESENT: Mayor Josh Fryday, Mayor Pro Tempore Pam Drew, Councilmember Denise Athas, Councilmember Pat Eklund, and Councilmember Eric Lucan STAFF PRESENT: City Attorney Jeff Walters, City Manager Regan Candelario, Assistant City Manager Michael Antwine, City Clerk Terrie Gillen, Recreation Services Manager Elizabeth Tran, Recreation Services Manager Kevin Conklin, Recreation Supervisor of Gymnastics Perry Siu, Finance Manager, Tony Clark, Community Development Director Bob Brown, Information Technology Manager Scott Sanders, Police Chief Adam McGill, and Planning Manager Steve Marshall B. CLOSED SESSION ANNOUNCEMENT There were no Closed Session items scheduled. C. CEREMONIAL MATTERS / PRESENTATIONS 1. Presentation: Commission on Aging Annual Report to the City Council presented by Chair Beth Livoti Chair Livoti highlighted the Commission s achievements of the past year, mentioned some upcoming events, and talked about goals for the coming year. 1 1
2. Presentation: Recognizing the Novato Gymnastics Team for its 2017 NorCal State Championships and the Novato Gymnastics Boosters to present a $25,000 check to the City of Novato s Gymnastics Program Gymnastics Recreation Supervisor Perry Siu introduced some of the winning gymnasts. The others weren t able to attend due to preparations for upcoming events. The Mayor took a picture with the gymnasts at the new Novato Proud mural. Then, Mr. Siu brought up representatives from the Novato Gymnastics Boosters, who presented a check to the Mayor for the City s Gymnastics Program. Lastly, the Council and the public were invited to the Novato Classic Gymnastics Meet on March 3 rd and 4 th at the Novato Gymnastics Center. However, the Novato gymnasts would only be competing on March 4 th. D. APPROVAL OF THE FINAL AGENDA COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan to approve the Final Agenda. Before the votes were cast, Councilmember Eklund proposed an amendment to continue Item #J-10 (Novato s CAFR) to the next Council meeting. seconded by Mayor Pro Tempore Drew to amend the main motion to continue J-10 to the next Council meeting. Councilmember Eklund and Mayor Pro Tempore Drew expressed their reasons for continuing this item; and, at the request of the Mayor, the City Manager explained the purpose of J-11. The Mayor asked the Clerk to obtain the votes on the amended motion and main motion. seconded by Mayor Pro Tempore Drew to amend the main motion to continue J-10 to the next Council meeting, the City Council voted 2-3 via roll call to approve the amended motion. EKLUND, DREW ATHAS, LUCAN, FRYDAY Motion failed. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 3-2 via roll call to approve the Final Agenda. ATHAS, LUCAN, FRYDAY EKLUND, DREW 2 2
E. REPORTS FROM THE CITY MANAGER & CITY COUNCIL City Manager Report City Manager Candelario provided the following report: Finnegan s Marin had requested the City for an outdoor seating area in front of its restaurant and bar on Grant Street, and Finnegan s would pay for this expense. The City permitted this, so construction of the new parklette was underway. However, this parklette was only permitted for a two-year trial basis. The City Manager attended an Economic Development discussion lead by Dr. Mica Weinberg, who talked about high rent and need for housing along with economic development. The City Manager announced that the second Green Movie Series was sold out for February 15 th. He mentioned that the City was preparing for the Budget process. City Manager Candelario reminded the Council that the annual Fair Political Practices Commission s (FPPCs) Form 700s were due by April 1 st. City Council Reports 1. Councilmember Lucan mentioned, that at the Transportation Authority of Marin (TAM) meeting, they discussed about the recent poll results with regards to renewing the ½ cents sales tax. According to the Councilmember, the next process would be TAM providing information about the results of the poll to and gathering feedback from Marin city councils within the next couple of months. 2. Councilmember Athas provided the following report: She mentioned that at the County Assessment for Fair Housing Board Meeting, the State had suspended the work done on assessing any fair housing, because of shortage on staff. However, the Board would continue to provide recommendations to the supervisors to ensure that no discrimination was taking place. She attended the Economic Development Committee meeting, Mayors and City Councilmembers of Marin County (MCCMC) meeting at Belvedere, ribbon cutting at Pacific Union, Novato s birthday celebration at City Hall, Age Friendly Novato meeting, MCE s Executive meeting, Planning Commission Meeting regarding Bahia Heights, and the Not-in-Our Town discussion and film screening regarding bigotry and prejudice. 3 3
3. Mayor Pro Tempore Drew reported that she attended both the Marin Emergency Radio Authority (MERA) and MCCMC meetings. She expressed her enjoyment attending the City s birthday celebration at City Hall, including looking at the electric vehicle car show. 4. Councilmember Eklund provided the following report: She attended several Association of Bay Area Governments (ABAG) meetings. There they discussed the next Plan Bay Area, which would need to be completed by 2021 and would include Regional Housing Needs Allocation for the next 8-year cycle. She also recommended for the public, particularly staff, to look at ABAG s online database in regards to housing, because it impacts funding distribution. The Councilmember attended the Major Crimes Task Force Meeting; and according to its annual report, the top three increase of drug use were Marijuana, Meth and Cocaine. Also, the use of heroine had been reported. Councilmember Eklund attended Novato Live and acknowledged the Parks and Recreation Department. She also was at the city s birthday celebration. She asked the City Manager to ask the Maintenance Department if they still had Not-in-Our Town signs, so they could be hung up. F. PUBLIC COMMENTS 1. Paula Neese, a member of the Recreation, Cultural & Community Services Advisory Commission, spoke of her concerns of agenda noticing requirements pertaining to subcommittee meeting of the Recreation, Cultural & Community Services Advisory Commission. G. CONSENT CALENDAR COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan to approve the Consent Calendar. Councilmember Eklund requested to pull Item G-7 and Mayor Pro Tempore Drew requested to pull Item G-4. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to approve the Consent Calendar, excluding items G-4 and G-7. ATHAS, LUCAN, EKLUND, DREW, FRYDAY 4 4
None 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 City Council closed session meeting minutes of January 23, 2018 3. Approve City Council regular meeting minutes of January 23, 2018 4. Receive and file the City s Quarterly Payment (Warrants) Registers, Purchase Order Reports, and Travel Expense Reports for the months of September, October, November, and December 2017 5. Ratify the annual Recognized Obligation Payment Schedule ( ROPS ) and Successor Agency Administrative Budget for Fiscal Year 2018-19 6. Adopt Ordinance No. 1636 amending the McPhail s Commercial Development Master Plan (previously adopted by the City of Novato Ordinance No. 1537), rescinding and replacing all text addressing business and professional office use, and replacing the same with a list of permitted and conditionally permitted uses for 5400 Hanna Ranch Road, APNs 153-220-16 and -19 in accordance with the City of Novato Municipal Code, Chapter XIX, and the conservation and planning law of the State of California The City Council adopted Ordinance No. 1636. 7. Receive and file a letter sent in opposition to SB 827 (Wiener) Planning and Zoning Density, proposed legislation, which would exempt certain housing projects from locally developed and adopted building height limitations, densities, parking requirements, and design review standards H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARING 5 5
8. a. Hold a Public Hearing; and b. Introduce an ordinance amending the Novato Municipal Code (Chapter XIX Zoning Sections 19.20, 19.30, 19.34, and 19.60) to revise the standards and requirements applied to the development of accessory dwelling units and junior accessory dwelling units as required for consistency with new California law and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15282(h) Planning Manager Steve Marshall provided a brief history of the changes that were initially discussed at the December 5, 2017 Council meeting. He also mentioned that he found a setback omitted from the conversion of an existing accessory structure to an accessory dwelling unit. That setback was that the State required a City to impose minimum setbacks for fire safety, so staff added that setback to the ordinance. Only one question was raised by the Council with regards to the junior accessory dwelling unit and accessory dwelling unit. There were no public comments. seconded by Councilmember Athas, the City Council voted 5-0 via roll call to move the ordinance for its second reading. EKLUND, ATHAS, LUCAN, DREW, FRYDAY None J. GENERAL BUSINESS 9. Receive a report on the Strategic Plan Fiscal Year 2015/16 2017/18 and the implementation process and Community Outreach Plan for the development of the next 3-year Strategic Plan Fiscal Year 2018/19-2020/2021 Assistant City Manager Michael Antwine led the discussion with the Council and staff in regards to this item. They conversed about the homework assignment for the Strategic Plan Workshop on March 3, including its format, the omission of Council input from 2016, and Council to provide its feedback by February 22 to staff for the public to view prior to the Workshop. There was no public comment. COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Lucan, the City Council voted 3-2 via roll call for staff to provide the feedback given in May 2016 to the full Council alongside 6 6
with the homework assignment and the Council to give their feedback to staff by February 22 in preparation for the March 3 meeting. FRYDAY, LUCAN, ATHAS EKLUND, DREW 10. Receive and file the City of Novato Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2016-17 Assistant City Manager Antwine and Finance Manager Clark conversed with Council about the CAFR, including this document created by an outside auditing firm, decrease of revenues, increase in expenses, the Hamilton Trust, the general fund surplus, the general fund budget versus CAFR looking at the City s total net position, staff s conclusion from the report, staff to address Councilmembers questions pertaining to this item and provide responses to all of Council, and the possibility of agendizing the CAFR with the Finance Committee. There was no public comment. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 3-2 via roll call for staff to receive and file the CAFR for Fiscal Year 2016-17. LUCAN, ATHAS, FRYDAY EKLUND, DREW Council recessed for 5 minutes. 11. City Council to review, discuss, approve and/or provide direction on recommended changes to the Council Policy Manual Mayor Fryday noted that reviewing and discussing the Council Policy Manual was the start of a process and this would be a continued business item for Council to work on in the future. He explained how this item would be presented and discussed tonight among Council and staff. Also, the Mayor mentioned about having an ad hoc committee led by himself and Councilmember Eklund, which was proposed by Councilmember Eklund. COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call for Council to create an ad hoc committee, including Councilmember 7 7
Eklund and Mayor Fryday, that would work with staff to work through item D (the remaining Council Policy Manual) and comments made to come back to Council at subsequent Council meetings with joint recommendations. FRYDAY, LUCAN, ATHAS, EKLUND, DREW None. After this motion, the City Council and staff went through each of the proposed changes in Section 3.02 of the Council Policy Manual. The Council either came to a consensus on the suggested alternatives or determined that the changes needed further discussion. seconded by Mayor Pro Tempore Drew, the City Council voted 5-0 via roll call for Council to approve the agreed upon changes in Section 3.02. EKLUND, DREW, ATHAS, LUCAN, FRYDAY None. Afterwards, Council and Staff went back to parts of Section 3.02 and conversed with staff upon the various portions of the section that needed more clarity and/or direction. They worked together and unanimously approved the changes to Section 3.02 (c) Adjournment, Continuance, Cancelling or Scheduling. They discussed at length Section 3.02 (f)1 Quarterly Meetings and took the following action: seconded by Mayor Pro Tempore Drew, the City Council voted 4-1 via roll call for Council to approve the changes in Section 3.02 (f)1. EKLUND, DREW, ATHAS, FRYDAY LUCAN Council also discussed Section 3.02 (f)1.a. in which Councilmember Athas proposed to have only one Council proposed agenda item per month and take out the two proposed agenda items every quarter. Thus, the each Councilmember can only request one proposed agenda item per month. By agreeing to this, Sections 3.02 (f) 1a and b were then stricken from the Council Policy Manual. Councilmember Lucan requested that these changes be brought back to Council as a Consent Item. 8 8
The Council members continued their discussion regarding Section 3.02 (f) 2 Regular Meetings. They talked about when the proposed agenda items be turned in to staff, the Council limiting their proposed agenda items to one page, and noticing requirements. Additionally, the City Council spoke about adding a process for proposed legislation, adding a process for finalizing the agenda, and including the warrants and contracts on the Council consent calendar. The Council agreed to add the proposed legislation. They also modified finalizing the agenda, which was just to state that the Mayor, Mayor Pro Tempore, City Manager, City Attorney, and City Clerk intend to meet monthly to review the draft agenda. Also, staff was directed to change the title of Finalizing the Agenda since this was no longer the agreed upon Council decision. seconded by Mayor Pro Tempore Drew, the City Council voted 2-3 via roll call for Council to add the inclusion that all warrants and contracts issued by staff (that wasn t approved by the Council) to be placed on the Council Consent Calendar. EKLUND, DREW ATHAS, LUCAN, FRYDAY Motion failed. The City Council and staff discussed the last item 3.02 (i) Requests for Agenda Items from Members of the Public. City Attorney Walters reiterated to Council the possibility of them placing on a future agenda an item raised by the public in addition to the Council s proposed agenda item at a future Council meeting. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 3-2 via roll call for Council to modify 3.02 (i) to state: If a member of the public requests that an item be put on the agenda during Public Comment time, the Council will not respond to this request immediately at the Council meeting, but may bring it up for consideration using the opportunity described above. LUCAN, ATHAS, FRYDAY EKLUND, DREW After Council and staff reviewed, discussed, and approved changes to Section 3.02, Council concurred to place Section 3.03, the draft Social Media Policy, and the remaining proposed changes to the Council Policy Manual as items to be placed on Unfinished Business at future Council meetings. 9 9
G. CONSENT CALENDAR Items pulled for further discussion 4. Receive and file the City s Quarterly Payment (Warrants) Registers, Purchase Order Reports, and Travel Expense Reports for the months of September, October, November, and December 2017 Mayor Pro Tempore Drew mentioned that she provided staff questions regarding the reports. Assistant City Manager Antwine responded that he couldn t address all of her inquiries because he needed more time to research the answers for her. Council and staff agreed that this wasn t a time sensitive issue, and that they would bring this item back to the next Council meeting. 7. Receive and file a letter sent in opposition to SB 827 (Wiener) Planning and Zoning Density, proposed legislation, which would exempt certain housing projects from locally developed and adopted building height limitations, densities, parking requirements, and design review standards Councilmember Eklund emphasized the importance of this bill and SB 828. Furthermore, she mentioned that Senator Wiener only adheres to mayors and not City staff. Thus, she did not support the City Manager sending this letter to the senator. She asked the City Attorney if she has to agendize at a Council meeting another letter in opposition to SB 827, but for the Mayor to sign instead. seconded by Councilmember Athas, the City Council voted 5-0 via roll call for Council to direct staff to prepare and agendize a letter for the Mayor s signature opposing SB 827 and the beginning of the letter would state that the City Council took a motion to oppose this bill. EKLUND, ATHAS, LUCAN, DREW, FRYDAY None. 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 meeting at 10:35 p.m. 10 10
Draft minutes recorded, prepared, and respectfully submitted by: Terrie Gillen, CMC City Clerk 11 11