NOVATO CITY COUNCIL MEETING MINUTES NOVATO CITY HALL COUNCIL CHAMBER - 901 SHERMAN AVENUE September 12, 2017 6:00 P.M. A G E N D A A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL The regularly scheduled Council meeting began at approximately 6 p.m. COUNCIL PRESENT: Mayor Denise Athas, Mayor Pro Tem Josh Fryday, Councilmember Pam Drew, Councilmember Pat Eklund, and Councilmember Eric Lucan STAFF PRESENT: City Manager Regan Candelario, Assistant City Attorney Veronica Nebb, Assistant City Manager Peggy Flynn, City Clerk Terrie Gillen, Assistant City Clerk Laura McDowall, Chief Building Official Annette Chavez, Community Development Director Bob Brown, Sustainability Coordinator Gretchen Schubeck, and Human Resources Director Dan Weakley B. CLOSED SESSION ANNOUNCEMENT Mayor Athas made the announcement that the Closed Session would convene upon adjournment of the open session. C. CEREMONIAL MATTERS/PRESENTATIONS 1. PRESENTATION: 4th of July Parade Winner Kathy Nichol and Elayne Miller presented to Miguel Villarreal the Annual Fourth of July Parade award. 2. PROCLAMATION: Declaring the Week of October 1-8, 2017 as U.S. President Jimmy Carter Week The Mayor presented to Barbara McVeigh and Dr. Christina Leimer a proclamation declaring the Week of October 1-8, 2017, as Former U.S. President Jimmy Carter Week. Dr. Leimer and Ms. McVeigh spoke about the former president and his national and international humanitarian work. Additionally, they spoke about upcoming events celebrating his legacy. 1 1
3. PRESENTATION: Novato Unified School District Update by Superintendent Jim Hogeboom Superintendent Hogeboom spoke about the Novato Unified School District s achievements, and announced the upcoming State of the School District that would take place on September 27, 2017. 4. PRESENTATION: Novato Flood Control Zone No. 1 & Measure E by Liz Lewis Planning Manager Liz Lewis, with the Marin County Public Works Department, provided a presentation on how the County maintains and protects Flood Control Zone No. 1 and spoke about Ballot Measure E. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council approved the Final Agenda, Waiver of the Reading of Ordinance, and Notices of Intent. Motion carried unanimously by roll call vote. AYES: 5 (ATHAS, FRYDAY, DREW, EKLUND, LUCAN) E. COUNCILMEMBER/CITY MANAGER REPORTS City Manager Report City Manager Candelario gave his report on the following: The Mobile Care program had purchased two showers and the units were expected to be delivered in November. Staff would continue to work with the Program. Staff was scheduled to meet with Caltrans to collaborate on potential projects to improve Highway 101 along Novato. Staff, particularly Heather Hafer, was acknowledged for her responses to constituents concerning public works matters. The City Manager would be attending the League of California Cities Annual Conference in Sacramento, California. The new Assistant City Manager, Michael Antwine, would begin his first day in Novato on Monday, September 18, 2017. The City Council would be having their Workshop regarding Cannabis on September 19th at 6 p.m. 2 2
City Council Reports 1. Mayor Pro Tem Fryday had nothing to report. 2. Councilmember Drew reported on the following: She attended the North Bay Watershed Association meeting, which the Councilmember learned about historic perspectives and how that s impacted current drainage patterns. Additionally, Councilmember Drew attended the Design Review Commission Workshop on the proposed Residence Inn hotel. She read the draft minutes of July 25, 2017, and compared it to the meeting video. She spoke about her observations decorum among the Council, staff, and the public. As a result, Councilmember Drew encouraged everyone to be courteous and civil in addressing each other at the meetings, which was stated in the Council Policy. 3. Councilmember Lucan reported that he, along with the Mayor, Mayor Pro Tem, and City staff, attended the Ribbon Cutting for the Redwood and Grant Transit Improvement Project. He acknowledged all those involved with the Project, and announced to the public that it would soon become operational. 4. Councilmember Eklund reported on the following: She attended the Safe Routes to School s Committee Meeting for Novato. There, the Councilmember listened to those in attendance, who were concerned about inadequate crosswalks, bike lanes, and paths for children to get to the school and library out of Hamilton, the path along San Marin Drive at the San Marin High School, and the maintenance of the trees along that same path. Councilmember Eklund also attended the Circle Field Quarterly Meeting, where she learned about the many plane crashes that occurred in Marin during World War II. Additionally, she attended a Latin Concert at the Hamilton Amphitheater. She announced the Native American Trade Feast, hosted by the Marin Museum of the American Indian on September 16, 2017 at the Miwok Park, and immediately following would be Movies at the Park. 5. Mayor Athas reported on the following: She attended the meeting of the Marin Clean Energy, which they discussed the concern about legislative bills putting a freeze on Community Choice Aggregation. The Mayor stated that Senator Mike McGuire and Assembly Member Marc Levine were in opposition to these bills. 3 3
Mayor Athas attended the Ribbon Cutting for the Redwood and Grant Transit Improvement Project, and appreciated the landscaping and the work staff had put into it. She attended the Design Review Commission meeting regarding the Residence Inn, and a reception honoring several General Consulates and discussed issues on DACA and the earthquake in Mexico with the Consulate Generals from Mexico and Peru. The Mayor met with an age-friendly group and discussed potential opportunities in the future, and met with constituents regarding the North Redwood Corridor area. She and her husband sponsored the Birthday Month with the Novato Seniors Club at the Margaret Todd Senior Center, with many people in attendance. Proposed Agenda Item 1. Proposed Agenda Item: Discussion of formalizing the following requirements: if a City Council majority votes to place on a Council Agenda Schedule an item for placement at a future Council meeting, which was proposed by one of its members, then the City Clerk shall capture exactly that agenda item and place it on a Council Agenda Schedule for placement at a future Council meeting, with a footnote of a detailed history of how this item came to be, including who initiated the item and when was this item was first brought to Council. Councilmember Eklund Councilmember Eklund explained to Council that after the July 25th Council meeting, she wanted to make sure that if the Council gets a majority of the Council to place an agenda item on a future agenda, then the City Clerk would describe the item on the Council Agenda Schedule using the same description of the item, which the Council acted upon and approved placing that item on a future agenda, and accompanying that item with a footnote on what the full text of the motion that had garnered Council support. She hoped that Council would have this discussion tonight. Furthermore, she spoke about how the draft minutes of the July 25th Council meeting did not accurately capture what Council had agreed to and that the Proposed Agenda Item listed on tonight s agenda was not exactly what she gave to staff. Councilmember Eklund said that she did speak to the City Attorney s Office about the latter and was assured that she could talk about her item tonight. Additionally, she stated that she and the City Attorney s Office would like Council to discuss staff notifying the Councilmember, who proposed the agenda item, and the City Attorney, if staff had questions or plans to change the wording of his or her proposed agenda item. Afterwards, Council discussed the Councilmember s proposed item. Many in agreement that staff not change the proposed agenda item that was initially sent to staff; and, if there were changes, then to notify the author of the item. 4 4
There was no public comment. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Drew, that this proposed agenda item of placing items on the Council agenda be placed on a future agenda for discussion. Motion failed by roll call vote. AYES: 2 (EKLUND, DREW) NAYS: 3 (LUCAN, FRYDAY, ATHAS) After the vote, City Manager Candelario spoke to Council how Staff was willing to improve its process and Staff would create a template for Council to assist the Members with their proposed agenda items for accuracy and timeliness. Also in addressing the process, Assistant City Attorney Nebb mentioned the shared concerns that both the City Attorney s Office and staff have regarding the timing and coordination of receiving and reviewing the proposed Council items between staff, the City Attorney s Office, and the Council member, who drafted the item. F. PUBLIC COMMENTS 1. Bill Long commented on Novato s accomplishments, including addressing Sea Level Rise, and managing the Climate Action Plan and Hazard Mitigation Plan. He asked Council to have staff review the County s proposals for enhancing Flood Control Zone No. 1. 2. Suzanne Crow, a member of the Recreation, Cultural & Community Service Advisory Commission, commented on how successful the summer concerts were at the Amphitheater due to staff s coordination and scheduling of performers, the use of the amphitheater, and the creation of a family-friendly environment. 3. Michelle Derviss requested City Council to place on the agenda a proposed plan to expand the Rustic Bakery at Grand Avenue, to remove or relocate the dumpsters owned by her next-door neighbors, to address the construction operating during non-construction hours, and to address the land-use code in her area. G. CONSENT CALENDAR Councilmember Eklund requested to pull items G-1 and G-8. Councilmember Drew requested to pull G-2. 5 5
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan to approve the Consent Calendar, excluding items G-1, G- 2, and G-8. Motion unanimously carried by roll call vote. AYES: 5 (EKLUND, LUCAN, ATHAS, FRYDAY, DREW) 1. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM JULY 25, 2017 This item was pulled and discussed after General Business, Item J-11. 2. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: PUBLIC ENGAGEMENT IN MARIN: A PATHWAY TO INCLUSIVE GOVERNANCE Approve the response to the Grand Jury Report: Public Engagement in Marin: A Pathway to Inclusive Governance, and authorize the Mayor to execute a letter of transmittal to the Marin County Civil Grand Jury. This item was pulled and immediately discussed after the Public Hearing. 3. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2017/2018 OPERATING BUDGET TO RECLASSIFY A SENIOR OFFICE ASSISTANT POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT TO A PERMIT TECHNICIAN POSITION Adopt a resolution to amend the Fiscal Year 2017/2018 operating budget to reclassify a Senior Office Assistant position to a Permit Technician position, and to increase the budget by approximately $6,936 annually to fund the proposed change. The City Council adopted Resolution No. 2017-057. 4. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT AMENDMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE NOVATO BOULEVARD IMPROVEMENTS PPROJECT: DIABLO TO GRANT, CIP# 01-004 IN THE AMOUNT OF $137,351.00 Authorize the City Manager to sign an agreement amendment with LSA Associates, Inc. to provide engineering services for the Novato Boulevard Improvements Project: Diablo to Grant (CIP Project No. 01-004) in the amount of $137,351.00. 6 6
As recommended, the City Council authorized the City Manager to sign the agreement. 5. ADOPT A RESOLUTION APPOINTING THE CITY TREASURER AS THE PUBLIC AGENCY RETIREMENT SERVICES PLAN ADMINISTRATOR Adopt a resolution appointing the City Treasurer as the Plan Administrator for the City of Novato Public Agency Retirement Services (PARS) Post-Retirement Health Care Plan. The City Council adopted Resolution No. 2017-064. 6. ADOPT A RESOLUTION REGARDING DEVELOPMENT IMPACT FEE REPORTS FOR 2014/15 AND 2015/16 AND ASSOCIATED FIVE YEAR FINDINGS AND RECEIVE AND FILE THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2014/15 AND 2015/16 Adopt a resolution adopting findings regarding the unspent balances of Development Impact Fee ( DIF ) funds as of June 30, 2016, consistent with State law; and, receive and file the annual Development Impact Fee Report for fiscal years 2014/15 and 2015/16. The City Council adopted Resolution No. 2017-059. 7. ADOPT A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING RE-BID FOR THE RETAINING WALL REPLACEMENT SIMMONS LANE AND SUNSET PARKWAY, CIP PROJECT NO. 14-007 Adopt a resolution rejecting all bids received and authorizing re-bid for the Retaining Wall Replacement Simmons Lane and Sunset Parkway, CIP Project No. 14-007. The City Council adopted Resolution No. 2017-060. 8. SELECTION OF CONSULTANT TO FACILITATE THE CITY MANAGER PERFORMANCE EVALUATION PROCESS Authorize the Mayor to execute an agreement with Team Gaebler to provide facilitation services related to the City Manager s performance evaluation. This item was pulled and discussed after General Business, Item J-11. 7 7
H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARING 9. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3) Mayor Athas opened the Public Hearing. Chief Building Official Chavez requested Council to amend this ordinance, because the State had required cities with less than a population of 200,000 to adopt this ordinance. The State s intent for cities to have this ordinance was to create a way in limiting greenhouse gases. The Chief Building Official also spoke on how the permitting process would work in Novato. There were no questions from the Council and no comments from the public. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Pro Tem Fryday to waive the first reading and introduce the ordinance as stated in the title of Item I-9. Motion unanimously carried by roll call vote. AYES: 5 (EKLUND, LUCAN, ATHAS, FRYDAY, DREW) After the Public Hearing, Council went back and discussed Consent Calendar Item G-2. 2. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: PUBLIC ENGAGEMENT IN MARIN: A PATHWAY TO INCLUSIVE GOVERNANCE Approve the response to the Grand Jury Report: Public Engagement in Marin: A Pathway to Inclusive Governance, and authorize the Mayor to execute a letter of transmittal to the Marin County Civil Grand Jury. 8 8
Councilmember Drew requested Assistant City Manager Peggy Flynn, who was also the City s Public Information Officer (PIO), to comment on the Grand Jury Report, to inform the Councilmember if there was anything happening with recaps, and to answer if there was any online training available pertaining to public outreach and engagement. In response, the PIO reported on how Novato had improved upon its outreach and engagement. She also stated that she would be coming back to Council with a Communications Plan at a future Council meeting. Furthermore, the PIO stated that there was no online training, but rather in-person training, which she explained through an example on how that training-process worked. Councilmember Eklund asked Assistant City Manager Flynn why there was only mention of one full-time management analyst and why it was not included that the PIO also had managed most, if not all, of the public engagement in the City s response to the Grand Jury. The PIO responded that it should be recognized that all staff were responsible in some kind of outreach role. There was no public comment. COUNCIL ACTION: Upon motion by Councilmember Drew and seconded by Councilmember Eklund to approve Item G-2, with the addition to R7 to embellish the staff s time, including the PIO s and everyone else in the City, whom are devoted to public engagement. Motion unanimously carried by roll call vote. AYES: 5 (DREW, EKLUND, ATHAS, FRYDAY, LUCAN) J. GENERAL BUSINESS 10. AUTHORIZE THE MAYOR TO SIGN A LETTER ENDORSING THE TRANSITION TO 100% CLEAN AND RENEWABLE ENERGY Authorize the Mayor to sign a letter joining over 140 other mayors throughout the United States, who are endorsing the transition to 100% clean and renewable energy in cities, towns, and communities across the country. Community Development Director Bob Brown introduced Gretchen Schubeck, the City s new Sustainability Coordinator, and gave Council a document with the Coordinator s work plans. Ms. Schubeck commended Council for their leadership on environmental issues. She then spoke about this item, including that this item was initiated by Mayor 9 9
Athas for staff to explore options that would affirm the City s commitment to transition to a 100% Clean and Renewable Energy and that other cities were also endorsing this transition. The Council and staff discussed in depth about: 1) including a goal date to the letter that would be achieved by a specific date, 2) the City moving towards not using natural gas, 3) how Council could assist staff in leading the City in this issue, 4) why the Mayor s proposed item and a resolution were not attached to this item, and 5) whether or not the City could reach the 100% goal. The Council had also welcomed Ms. Schubeck during their questions and comments. Public Comment Genie Ohashi commented that she was inspired to take environmental action. She shared her experience of how people create good goals, but that it didn t come into fruition. Nonetheless, she s willing to help out with this City s goal. COUNCIL ACTION: Upon motion by Mayor Athas and seconded by Mayor Pro Tem Fryday to approve Item J-10. Motion unanimously carried by roll call vote. AYES: 5 (ATHAS, FRYDAY, DREW, EKLUND, LUCAN) 11. REVISE SCOPE OF GENERAL PLAN 2035 ENVIRONMENTAL IMPACT REPORT TO INCLUDE ANALYSIS OF POTENTIAL REVISIONS TO GENERAL PLAN AND ZONING CODE TO ACCOMMODATE POTENTIAL HIGHER FLOOR AREA RATIO (FAR) FOR HOTEL DEVELOPMENT IN THE NORTH REDWOOD BOULEVARD CORRIDOR OR CITYWIDE Council to direct staff to include in the scope of services for the General Plan 2035 EIR analysis of possible revisions to the General Plan and Zoning Code to accommodate potential higher floor area ratio (FAR) for hotel development in the North Redwood Boulevard Corridor or citywide. Community Development Director Brown spoke on the why the City should revise the scope of the General Plan 2035 and how doing so could benefit the City, as doing so in other Cities had benefitted them. After the presentation, Council and staff discussed at length: 1) the applicant not offering to pay the change in cost, nor did the City ask the applicant to pay; 2) the cost of the change ranged from $3,000 to $5,000; 3) there was no community outreach done and why it was that way. However, the FAR would be highlighted 10 10
once the General Plan came before the Planning Commission and City Council; 4) why the Birkenstocks company was not reconsidered to keep their current designation; and 5) what was the benefit and/or disadvantage of doing an analysis of the FAR only in the North Redwood Corridor versus citywide, and how that would impact a few existing businesses. There was no public comment. Councilmember Lucan commented on his inclination to support a citywide analysis. Mayor Pro Tem Fryday agreed with Councilmember Lucan, as long as their no downside. Councilmember Drew asked the origin of this item, which Director Brown addressed that there was an issue after the application was made and explained the steps he took to handle this matter. Mayor Athas commented that she was most likely going to support the citywide option. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas to direct staff to modify the General Plan EIR scope to consider a higher maximum FAR for hotels anywhere in the City, such as 0.7. Motion carried by roll call vote. AYES: 3 (LUCAN, ATHAS, FRYDAY) NAYS: 2 (DREW, EKLUND) After discussing General Business, Council went back and discussed Consent Calendar Items G-1 and G-8. 1. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM JULY 25, 2017 Councilmember Eklund pulled the item, because she believed that the proposed minutes were inaccurate and she pointed out where on the minutes those inaccuracies occurred. She suggested to staff to rewatch the tape and look at the proposed changes. The City Manager chimed in stating that Staff would be happy to review the meeting tape again. 11 11
Councilmember Drew reflected that from watching the July 25, 2017 meeting video and trying to understand it as well as write it down may be difficult, because words were becoming generalized such as the word update, the Council had not yet approved the comments that were made in May 2016, and that the naming conventions used, such as the Strategic Objective 3c, was misleading. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded Councilmember Drew to look at the July 25, 2017 meeting video, make the proposed changes that Councilmember Eklund made, and bring it back to Council on a future agenda. Motion carried unanimously by roll call vote. AYES: 5 (EKLUND, DREW, LUCAN, ATHAS, FRYDAY) 8. SELECTION OF CONSULTANT TO FACILITATE THE CITY MANAGER PERFORMANCE EVALUATION PROCESS Authorize the Mayor to execute an agreement with Team Gaebler to provide facilitation services related to the City Manager s performance evaluation. Councilmember Eklund pulled this item, because she did not like the process of how these facilitators were chosen. Mayor Pro Tem Fryday asked Human Resources Director Dan Weakley to speak on how the staff s recommendation came to fruition and why the Human Resources Director was making the recommendation. Mr. Weakley stated that he reviewed the proposals and felt they were all qualified. Councilmember Lucan and Councilmember Eklund conversed on whether Councilmember Eklund thought the facilitators listed on the report were qualified and if she had offered alternative facilitators. She stated that she would rather choose another facilitator not mentioned in the report. Moreover, she did not provide a list to Human Resources, because she was under the belief that Council wasn t asked to bring suggestions and she thought Council was going to interview facilitators before the actual evaluation of the City Manager. Councilmember Drew, Mayor Athas, and Councilmember Eklund discussed with Director Weakley if the services among the candidates were very different, which was not the case; why the evaluation goal was not provided to them, which Mr. Weakley stated that this was a 12 12
straightforward process; if all three facilitators had viable proposals, which he stated was correct; and if the proposed facilitator would bring in another evaluation tool and disregard Council s, which Director Weakley replied no and that consultant chosen would use the tools recommended by Council. There was no public comment. Council made more comments. Councilmember Lucan was flexible with choosing with any of the three facilitators on the list. Both Mayor Athas and Mayor Pro Tem Fryday supported the Human Resources Director s choice as the facilitator. Both Councilmember Drew and Councilmember Eklund wanted to interview more firms. COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Mayor Athas to recommend Team Gaebler. Motion carried by roll call vote. AYES: 3 (LUCAN, ATHAS, FRYDAY) NAYS: 2 (DREW, EKLUND) 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 regular meeting adjourned at 9:11 p.m. Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, City Clerk 13 13