G-3 CITY COUNCIL MEETING Meeting Minutes to be held at NOVATO CITY HALL COUNCIL CHAMBERS 901 SHERMAN AVENUE May 22, 2018 6:00 P.M. A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL At 6:00 p.m., the Regular City Council meeting began. COUNCIL PRESENT: Mayor Pro Tempore Pam Drew, Councilmember Denise Athas, Councilmember Pat Eklund, and Councilmember Eric Lucan COUNCIL EXCUSED ABSENCE: Mayor Josh Fryday STAFF PRESENT: City Manager Regan Candelario, City Attorney Jeffrey Walter, Assistant City Manager Peggy Flynn, City Clerk Terrie Gillen, Deputy Police Chief Adam McGill, Deputy Director of Public Works Chris Blunk, Recreation Services Manager Elizabeth Tran, Senior Management Analyst Heather Hafer, Senior IT Analyst Shamin Miller, Community Development Director Bob Brown B. CLOSED SESSION ANNOUNCEMENT There were no items listed for this section. C. CEREMONIAL MATTERS/PRESENTATIONS 1. Ceremonial Matter - Proclamation recognizing Sawyer Rasmussen for his Eagle Scout Community 2. Ceremonial Matter - Proclamation recognizing Michael Fretz for his Eagle Scout Community 3. Ceremonial Matter - Monthly recognition of an Outstanding Novato Proud Resident, Business, and/or Veteran 4. Ceremonial Matter Proclamation recognizing Greek Culture Week Mayor Pro Tempore Drew recognized all the recipients, including Michael Fretz, who was unable to attend. 1 1
D. APPROVAL OF THE FINAL AGENDA COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 4-0-1 to approve the Final Agenda, excluding agenda item G-3 which would be moved to the next Council meeting. EKLUND, ATHAS, LUCAN, DREW. Motion carried. E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER 1. Council Members and City Manager Reports City Manager Report City Manager Candelario provided the following report: The schedule for this year s summer concert series was released. The RFP for the commissary proposal was also released and there would be a 90-day period for submission of proposals. The City Manager thanked the Council for their input on the Budget. City Council Reports 1. Councilmember Lucan reported that he attended the screening for Not In Our Town with Mayor Pro Tempore Drew. 2. Councilmember Athas reported that she attended the final (Novato Chamber of Commerce) day of the Leadership Class with Mayor Fryday and Councilmember Lucan, the Age Friendly meeting, the Downtown SMART Station meeting, Paint the Town Red meeting, a meeting with some board members of the Chamber of Commerce, and the League of California Cities North Bay Division meeting, 3. Councilmember Eklund reported that she also attended the North Bay Division League of California Cities meeting and the ABAG Executive Board Meeting 4. Mayor Pro Tempore Drew reported that she attended the MERA meeting, Finance Committee meeting, Housing Crisis Action Group meeting, and the North Bay Division League of California Cities meeting. F. PUBLIC COMMENTS 2 2
Kay White thanked Councilmember Eklund for mentioning the lessons learned of the North Bay fires and mentioned the fire emergency drill that took place on May 5 th. Kevin Morrison discussed Paula Neese s remark and asked Council to support SB 54. G. CONSENT CALENDAR COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 4-0-1 to approve the Consent Calendar, without item G-3. ATHAS, LUCAN, EKLUND, DREW. Motion carried. 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 regular meeting minutes of May 8, 2018 3. Authorize the City Manager to assign the Marin Museum of Contemporary Art (MarinMOCA) Artist-in-Residence Program Management and Subleasing to MarinMOCA This item was tabled to the next Council meeting. 4. (1) Accept the construction work as complete and authorize the City Manager to sign the Notice of Completion for the Bahia Mini Parks Improvements, CIP Project No. 15-004; (2) Approve additional project plans; and (3) Adopt a budget resolution in the amount of $25,000 to cover the costs to furnish and install additional features at Park B to complete the project The City Council adopted Resolution No. 2018-030. 5. (1) Adopt resolutions in support of Proposition 68 (the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018), Proposition 69 (protection of the new transportation funding created by SB 1), and Senate Bill 3 (Veterans and Affordable Housing Bond); and (2) Adopt a resolution in opposition to the state ballot measure Tax Fairness, Transparency and Accountability Act of 2018 The City Council adopted Resolution Nos. 2018-031, 2018-032, 2018-033, and 2018-034. 3 3
6. Authorize the Mayor to sign letters of opposition to Assembly Bill 2923 (San Francisco Bay Area Rapid Transit District: Transit-Oriented Development), Senate Bill 831 (Land Use: Accessory Dwelling Units), and Senate Bill 1469 (Land Use: Accessory Dwelling Units) H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARINGS 7. Hold a public hearing pertaining to Income-Based Rental Housing Discrimination; and consider introducing an ordinance amending the Novato Municipal Code to add a new Section 4-16 (Income-based Rental Housing Discrimination) and finding that adoption thereof is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) Community Development Director Brown gave a presentation, and Councilmember Athas provided additional input. Afterwards, Council and staff conversed on this item. Public Comments: Lloyd Pittman spoke on behalf of the Novoro Corporation in which he stated his concern of the potential negative impacts and recommended to Council to postpone the ordinance until more outreach and research was done. Lisel Blash spoke in support of the ordinance and the landlord assistance program. David Levin, with Legal Aid of Marin, also spoke in support of the proposed ordinance. Caroline Peattie, with Fair Housing Advocates of Northern California, spoke in support of the ordinance. Herb Taylor shared a personal story to express his support of the item. Leelee Thomas, with Marin County, also showed support for this ordinance and thanked the Council for addressing this item. Council continued to discuss this item. The following actions took place. 4 4
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 2-2-1 via roll call to move the ordinance and finding the adoption thereof exempt from the requirements of the CEQA pursuant to CEQA guidelines section 15061 (b)(3). ATHAS, LUCAN EKLUND, DREW Motion failed. Councilmember Eklund made the motion to have a public workshop, conducted by the staff along with the County, and staff puts forth its best effort to make the public aware of the workshop, and after the workshop, this item comes back to Council for consideration. Mayor Pro Tempore Drew made a friendly amendment that if there was going to be a workshop, then the scope of the ordinance would specifically discuss all the hypotheticals that would be explored. Council conversed on the motion. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, the City Council voted 2-2-1 via roll call to have a public workshop, conducted by the staff along with the County, and staff puts forth its best effort to make the public aware of the workshop, and after the workshop, this item comes back to Council for consideration. EKLUND, DREW ATHAS, LUCAN Motion failed. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 2-2-1 via roll call to continue this item to the June 26 Council meeting as it was. ATHAS, LUCAN EKLUND, DREW 5 5
Motion failed. After agenda item I-7, Mayor Pro Tempore Drew asked Management Analyst Heather Hafer to present the remaining Public Hearing items at one time. There were no questions or comments from the Council, nor were there public comments. 8. Hold a public hearing, and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the Hillside Park Unit 4 Landscaping District A- 91; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 4-0-1 via roll call to adopt the resolution. EKLUND, ATHAS, LUCAN, DREW Motion carried. The City Council adopted Resolution No. 2018-035. 9. Hold a public hearing, and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the San Marin Landscaping District A-81; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 4-0-1 via roll call to adopt the resolution. ATHAS, EKLUND, LUCAN, DREW Motion carried. The City Council adopted Resolution No. 2018-036. 10. Hold a public hearing, and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the San Pablo Subdivision Landscape and 6 6
Lighting District A-03; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 4-0-1 via roll call to adopt the resolution. LUCAN, ATHAS, EKLUND, DREW Motion carried. The City Council adopted Resolution No. 2018-037. 11. Hold a public hearing and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the Wildwood Glen Subdivision Landscaping Assessment District C-91; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 4-0-1 via roll call to adopt the resolution. EKLUND, LUCAN, ATHAS, DREW Motion carried The City Council adopted Resolution No. 2018-038. J. GENERAL BUSINESS 12. Consider and receive an analysis of options proposed by the Marin Museum of Contemporary Art (MarinMOCA) and give staff direction on related actions proposed by Councilmember Pat Eklund s Proposed Agenda Item of September 20, 2017 to discuss and potentially take action to reduce MarinMOCA s payments to the City of Novato for space occupied at the Hamilton Arts Center or assist in increasing their annual revenue by any of the following and/or other options 1. Reduce the current space rent paid by MarinMOCA at the Hamilton Arts Center; 2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc.); 3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios; 4. Others 7 7
Administrative Services Manager Kate Whan provided a presentation to the City Council and Councilmember Eklund provided introductory remarks. Afterwards questions and answers ensued between Council and staff. Public Comments: Jim Crumpler thanked Council for their support of the museums, and asked Council to help support MarinMOCA with its rent. Sandy Miot spoke about Item J-12 and asked Council for the City to financially support MarinMOCA. Nancy Rehkopf stated her support for Option #1 Reduce Rent and Option #2 Pay MarinMOCA for services. Sarah O Hala commented that the report was impersonal. Lisa Rodondi commented on MarinMOCA being a huge community support educationally and culturally. Dan Danhoff, board member of MarinMOCA, asked Council to consider the building as a gem. After public comments, Council continued to ask questions from staff and made suggestions. COUNCIL ACTION: Upon motion by Mayor Pro Tempore Drew and seconded by Councilmember Eklund to approve a $10,000 payment annually for the next three years to increase the annual revenue of MarinMOCA and would like to see it in the Budget and come out of the General Fund. Council considered at length the motion, and took the following action. COUNCIL ACTION: Upon motion by Mayor Pro Tempore Drew and seconded by Councilmember Eklund, the City Council voted 2-2-1 to approve a $10,000 payment annually for the next three years to increase the annual revenue of MarinMOCA and would like to see it in the Budget and come out of the General Fund. DREW, EKLUND ATHAS, LUCAN Motion failed. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, the City Council voted 4-0-1 to 8 8
approve freezing MarinMOCA s current rent for two years so that they don t have to pay the increased rent until Council had the opportunity to research this issue and provide an analysis to Council. EKLUND, DREW, ATHAS, LUCAN Motion carried COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 3-1-1 to accept the rest of staff s recommendations to continue in partnership with MarinMOCA as they evaluate other options and give a longer period of lease with regards of the artisan residents space up to three years for a $1/year. EKLUND, ATHAS, LUCAN DREW Motion carried 13. Consider and possibly take action to adopt a resolution calling a recess from the regularly scheduled City Council meeting of August 14, 2018 City Manager Candelario presented this item. There were no questions from the Council nor were there comments from the public. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 4-0-1 to adopt a resolution calling a recess from the regularly scheduled City Council meeting of August 14, 2018. ATHAS, EKLUND, LUCAN, DREW Motion carried The City Council adopted Resolution No. 2018-039. K. COMMISSIONS, COMMITTEES AND BOARDS (CCB s) APPOINTMENTS There were no items listed for this section. L. WORK STUDY SESSION 9 9
There were no items listed for this section. M. ADJOURNMENT The City Council adjourned the regular session meeting at approximately 9:49 P.M. Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, CMC, City Clerk 10 10