JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY CLOSED SESSION MINUTES COUNCIL CHAMBERS 901 SHERMAN AVENUE JANUARY 8, 2013 6:30 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL Present: Absent : Mayor Eklund Mayor Pro Tem Lucan Councilmember Athas Councilmember Kellner Councilmember MacLeamy None Also Present: City Manager Michael Frank, Assistant City Manager Cathy Capriola, Community Development Director Bob Brown, Principal Planner Alan Lazure, Senior Planner Steve Marshall, Assistant City Attorney Veronica Nebb and City Clerk Sheri Hartz. The Pledge of Allegiance was led by Chase Caligiuri. B. CLOSED SESSION ANNOUNCEMENT CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One potential case. Assistant City Attorney Nebb reported that the Council had met in closed session prior to the start of the meeting, to discuss the matter listed on the agenda. She stated that the Council had provided direction to the City Attorney's office with regard to initiation of litigation in one case. C. CEREMONIAL MATTERS/PRESENTATIONS Recognition: Saved By the Belt Awards Chief Berg introduced the item, stating that recognition was being given to four citizens who had prevented themselves from being injured through use of their seatbelts and their commitment to safety. CC130108.docx 1
D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT Mayor Eklund announced that she was requesting the addition of an urgency item to the agenda, stating that the U.S. Conference of Mayors would be sending a letter to Congress to pursue action to reduce assault weapon violence and was asking all Mayors to sign the letter in support. She asked for Council approval of her signing the letter as Mayor. Assistant City Attorney Nebb added that the Council must make the finding that knowledge of the matter arose subsequent to the posting of the agenda and that there was a need to take action immediately. It was decided that each Councilmember would act on this matter individually. Mayor Eklund stated she would sign the letter. Councilmember Kellner moved, Seconded by Mayor Pro Tem Lucan, to approve the Final Agenda, Waiver of the Reading of Ordinances and Notices of Intent. The motion was approved unanimously. E. PUBLIC COMMENTS 1. Al Dugan 2. Griff McClellan 3. Pam Drew 4. Gail Meyers 5. Bob Ratto 6. Trish Boorstein 7. Susan Wernick Councilmembers and staff commented on statements made during Public Comment and provided clarifying information. F. CONSENT CALENDAR 1. ADOPT CITY COUNCIL MINUTES OF OCTOBER 30, 2012 The Council approved the minutes of the October 30, 2012 meeting. 2. ADOPT CITY COUNCIL MINUTES OF NOVEMBER 13, 2012 The Council approved the minutes of the November 13, 2012 meeting. CC130108.docx 2
3. AMENDMENT TO THE EXEMPT MANAGEMENT COMPENSATION PROGRAM AND RESOLUTION CONSENTING TO CONTINUED PARTICIPATION IN THE POLICE OFFICERS' RESEARCH ASSOCIATION OF CALIFORNIA RETIREE MEDICAL TRUST Council adopted Resolution No. 01-13 approving changes to the Exempt Management Compensation Program to restructure and confirm the compensation for the Chief of Police position, and Resolution No. 02-13 consenting to continued participation in the Police Officers' Research Association of California (PORAC) Retiree Medical Trust. 4. APPROVAL OF CONSULTANT SERVICES CONTRACT WITH FAITHFUL GOULD FOR FACILITIES CONDITION ASSESSMENT STUDY Council approved a Consultant Services Contract with Faithful Gould in the amount of $63,910 to conduct a study of the current condition and future maintenance needs for the City of Novato's twenty-one active-use facilities, as well as eleven currently vacant buildings. 5. UC BERKELEY SAFE TREC 2013-2014 SOBRIETY CHECKPOINT GRANT PROGRAM Council adopted Resolution No. 03-13 to accept a $51,800.24 grant from the UC Berkeley Safe TREC (Transportation Research and Education Center) for the Police Department's sobriety checkpoint program and revise appropriations and revenues to recognize the grant. 6. OFFICE OF TRAFFIC SAFETY (OTS) STEP GRANT Council adopted Resolution No. 04-13 to submit a $213,390.93 STEP (Selective Traffic Enforcement Program) grant proposal to the California Office of Traffic Safety (OTS) and revise appropriations and revenues to recognize the grant if approved for funding by the Office of Traffic Safety. Council authorized the Police Department to utilize the grant to continue its education and enforcement of traffic related laws in an attempt to reduce injury and fatal traffic collisions. CC130108.docx 3
7. 2012 STATE HOMELAND SECURITY GRANT - AUTOMATIC LICENSE PLATE READER EQUIPMENT Council adopted Resolution No. 05-13 authorizing the City Manager to accept the 2012 State Homeland Security grant funding for the purpose of purchasing Automatic License Plate reader equipment. 8. APPROVE AMENDMENT TO THE BAIL SCHEDULE FOR THE LISTED PARKING VIOLATIONS Council adopted Resolution No. 06-13 to increase the City's bail schedule for parking violations to allow for standardized parking penalties throughout the Marin County (pursuant to CVC 40203.5(a)). 9. NOVATO HOUSING ELEMENT UPDATE ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES AGREEMENT Council adopted Resolution No. 07-13 authorizing the City Manager to enter into a consultant services agreement with De Novo Planning Group, in the amount of $163,765, to prepare an environmental impact report (EIR) for the Novato Housing Element Update. 10. AUTHORIZE THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH PACIFIC EDOCUMENTS AND SOFTFILE FOR DOCUMENT IMAGING SERVICES AS PART OF THE CITY'S RECORDS MANAGEMENT PROJECT AND TO AUTHORIZE AN ADDITIONAL $50,000 FOR IMAGING SERVICES FROM THE CITY'S GENERAL FUND RESERVE Council adopted Resolution No. 08-13 authorizing the City Manager to execute a first amendment to the consulting services agreements with Pacific edocuments and Softfile to provide document imaging services to the City, approve the use of a temporary employee, and authorize an additional $50,000 for imaging services from the City's General Fund Reserve. 11. HAZARD MITIGATION PLAN ANNUAL REVIEW Council received the 2012 Hazard Mitigation Plan annual review. Councilmember Kellner moved, Seconded by Councilmember Athas, to approve the Consent Calendar. The motion was approved unanimously. CC130108.docx 4
G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS 12. CONSIDERATION OF AMENDMENTS TO THE COMMUNITY DEVELOPMENT/PUBLIC WORKS DEPARTMENT FEE SCHEDULE Consider adopting a resolution of intent to amend Administrative Fee Policy 2-3, Appendix B, Community Development/Public Works Department Application Fee Schedule to include fees for Pre-Application Assistance, Zoning Clearances for Telecommunication Facilities, Refinance of Below Market Rate Housing Units and Capital Improvement Approval Fee for Below Market Rate Housing Units. Community Development Director Brown gave the staff report. COUNCIL QUESTIONS - None PUBLIC COMMENT - None Councilmember MacLeamy moved, Seconded by Mayor Pro Tem Lucan, to approve Resolution of Intent No. 09-13 to amend the Community Development/Public Works Application Fee Schedule. The motion was approved unanimously. 13. 1200 CABRO RIDGE APPEAL Consider an appeal of the Planning Commission's approval of a Design Review application to allow an addition (subfloor) to a single family residence located at 1200 Cabro Ridge Road. PUBLIC HEARING OPENED: 7:16 P.M. Barry Sgarrella, Appellant Anne and Tim Russell, Applicant, 1200 Cabro Ridge PUBLIC COMMENT: None Appellant Rebuttal Applicant Rebuttal CC130108.docx 5
PUBLIC HEARING CLOSED: 7:37 P.M. Director Brown provided some explanatory information and Assistant City Attorney Nebb provided further clarification. Councilmember Kellner moved, Seconded by Councilmember MacLeamy, to approve Resolution No. 10-13, denying the appeal of, and approving, the design review application for an addition to a single-family residence at 1200 Cabro Ridge Road. The motion was approved unanimously. I. GENERAL BUSINESS No items were listed for this section. J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees or Boards. 14. COUNCIL COMMITTEE ASSIGNMENTS Council considered its assignment of Councilmembers to various commissions, boards, authorities and other bodies upon which they serve for the upcoming terms. Councilmember Kellner requested that she be considered for the assignment of Alternate representative to TAM, replacing Mayor Eklund. Councilmember discussion ensued, and at length, it was decided that the TAM alternate would remain the same. Novato Watershed Policy Advisory Committee: Community Development Block Grant: Marin Energy Authority: North Bay Watershed Association: Sonoma/Marin Area Rail Transit Commission: Transportation Authority of Marin (TAM): MCCMC Joint Services Authority Oversight Committee: MCCMC Legislative Committee: ABAG General Assembly Representative: Macleamy, Lucan (alt) Athas, Kellner (alt) Athas, Kellner (alt) MacLeamy Lucan Lucan, Eklund (alt) Eklund, MacLeamy (alt) Kellner, Lucan (alt) Eklund, Kellner (alt) Mayor Pro Tem Lucan moved, Seconded by Councilmember MacLeamy, to approve the assignments. The motion was approved on a 4-1-0-0 vote, with Councilmember Kellner voting No. CC130108.docx 6
K. COUNCILMEMBER/CITY MANAGER REPORTS Councilmember MacLeamy announced the upcoming Paint the Town Red Event and reported on her attendance at the North Bay Watershed Association meeting. Mayor Eklund announced the upcoming ABAG Board meeting, and stated that the EIR for the Sustainable Communities Strategy would be distributed in March. She reported that there was an effort to set up public meetings in Marin on SCS in February. City Manager Frank announced that he met with all of the special district directors where the general plan's impact on water and sewer and our need to coordinate was discussed. L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT The meeting was adjourned at 8:02 p.m. in memory of Glen Robert Rogers and Michael Runfola. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council. Sheri Hartz, City Clerk CC130108.docx 7