JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY MEETING MINUTES COUNCIL CHAMBERS 901 SHERMAN AVENUE July 26, 2016 6:36 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL Present: Absent: Mayor Eklund Mayor Pro Tem Athas Councilmember Drew Councilmember Lucan Councilmember Fryday Also Present: Interim City Manager Cathy Capriola, Public Works Director Russell Thompson, Human Resources Manager Dan Weakley, Assistant Engineer Petr Skala, City Attorney Jeffrey Walter and Deputy City Clerk Laura McDowall. B. CLOSED SESSION ANNOUNCEMENT It was announced that the City Council met in a Special Meeting closed session. See Special Meeting Minutes. An additional closed session convened upon adjournment of the open session. C. CEREMONIAL MATTERS/PRESENTATIONS No items were listed for this section. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT Councilmember Drew moved, Seconded by Mayor Pro Tem Athas, to approve the Final Agenda, Waiver of the Reading of Ordinances and Notices of Intent. The motion carried 4-0-1 with Councilmember Fryday being absent. page 1
E. PUBLIC COMMENTS Mayor Eklund called for public comment and the following people spoke: 1. Karol Deasy 2. Maggie Rufo 3. Charles Johnson 4. Madelon Montobbio 5. Lena Kasdan 6. Elvera Berson 7. Alan Berson F. CONSENT CALENDAR 1. ADOPT CITY COUNCIL MINUTES OF JUNE 21, 2016 The Council approved the minutes of the June 21, 2016 meeting. 2. ADOPT CITY COUNCIL MINUTES OF JUNE 28, 2016 The Council approved the minutes of the June 28, 2016 meeting. 3. ADOPT CITY COUNCIL SPECIAL MEETING MINUTES OF JUNE 28, 2016 The Council approved the minutes of the June 28, 2016 special meeting. 4. 1.) AWARD THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $888,355.60 FOR THE DE LONG AVENUE AND IGNACIO BOULEVARD HIGHWAY INTERCHANGES RESURFACING CIP PROJECT No. 13-003; FEDERAL-AID PROJECT NO. STPL-5361 (026) AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT, AND 2.) APPROVE A RESOLUTION AMENDING THE CIP BUDGET IN THE AMOUNT OF $186,450 The Council awarded the construction contract for the DeLong Avenue and Ignacio Boulevard Highway Interchanges Resurfacing, CIP Project Number 13-003 in the total amount of $888,355.60 to Ghilotti Brothers, Inc. as the lowest responsible bidder submitting the lowest responsive bid and authorized the Interim City Manager to execute the contract, and adopted Resolution No. 2016-044 amending the CIP Budget in the amount of $186,450 for the DeLong Avenue and Ignacio Boulevard Highway Interchanges Resurfacing, CIP Project No. 13-003. page 2
5. RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO TERMINATE THE CITY'S AGREEMENT WITH SCI DISTRIBUTION, LLC AND EXECUTE AN AGREEMENT WITH MSI FUEL MANAGEMENT, INC. FOR THE PURCHASE AND INSTALLATION OF A NEW FUEL MANAGEMENT SYSTEM FOR THE CITY'S VEHICLE FLEET, INCREASE THE PROJECT BUDGET BY $5,000 (TO $65,000), AND ADOPT A CATEGORICAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CEQA DETERMINATION: The proposed action includes a finding of Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303. The Council approved Resolution No. 2016-045 authorizing the Interim City Manager to terminate the City's agreement with SCI Distribution, LLC, to execute an agreement with MSI Fuel Management, Inc. for the purchase and installation of a new fuel management system for the City's vehicle fleet, increase the project budget by $5,000 (to $65,000), and adopt a categorical exemption pursuant to the California Environmental Quality Act (CEQA). 6. APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE BID ADVERTISEMENT FOR THE SAFE PATHWAYS TO SCHOOL SIDEWALK GAP CLOSURES - ARTHUR STREET AND PLUM STREET, CIP PROJECT No. 16-010 CEQA EXEMPTION: 15301; EXISTING FACILITIES Consider approving the plans and specifications and authorizing a bid advertisement for the Safe Pathways to School Sidewalk Gap Closures Arthur Street and Plum Street, CIP Project Number 16-010. This item was pulled from the Consent Calendar and placed under General Business. 7. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE LETTER OF TRANSMITTAL FOR: "THE 911 FIRST RESPONDER REFERRAL PROGRAM MORE THAN A BAND-AID FOR SENIORS," AND AUTHORIZE SUBMISSION TO MARIN COUNTY GRAND JURY. The Council approved the response to the Grand Jury Report and authorized the Mayor to execute letter of transmittal for: "The 911 First Responder Referral Program More Than a Band-Aid For Seniors," and authorized submission to the Marin County Grand Jury. page 3
8. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE LETTER OF TRANSMITTAL FOR: "LAW ENFORCEMENT CITIZEN COMPLAINT PROCEDURE: THE GRAND JURY HAS A FEW COMPLAINTS," AND AUTHORIZE SUBMISSION TO MARIN COUNTY GRAND JURY The Council approved the response to the Grand Jury Report: "Law Enforcement Citizen Complaint Procedure: The Grand Jury Has A Few Complaints," and authorized submission to the Marin County Grand Jury. 9. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE LETTER OF TRANSMITTAL FOR: "MARIN'S HIDDEN HUMAN SEX TRAFFICKING CHALLENGE: IT'S HAPPENING IN OUR BACKYARD," AND AUTHORIZE SUBMISSION TO MARIN COUNTY GRAND JURY The Council approved the response to the Grand Jury Report: "Marin's Hidden Human Sex Trafficking Challenge: It's Happening In Our Backyard," and authorized submission to the Marin County Grand Jury. Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve the Consent Calendar, pulling Item F-6 and placing it as the first item under General Business. The motion was carried 4-0-1 with Mayor Eklund voting No on item F-8 and Councilmember Fryday being absent F-6. APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE BID ADVERTISEMENT FOR THE SAFE PATHWAYS TO SCHOOL SIDEWALK GAP CLOSURES - ARTHUR STREET AND PLUM STREET, CIP PROJECT No. 16-010 CEQA EXEMPTION: 15301; EXISTING FACILITIES Consider approving the plans and specifications and authorizing a bid advertisement for the Safe Pathways to School Sidewalk Gap Closures Arthur Street and Plum Street, CIP Project Number 16-010. This item was pulled from the Consent Calendar and placed under General Business. Mayor Eklund explained that she pulled the item from the Consent Calendar because she had a question regarding if a pathway could be installed on the west side of Arthur Street rather than a sidewalk. Public Works Director Russ Thompson replied that the curb, gutter and sidewalk proposed in the plans and specifications was consistent with the improvements on the other side of the street, and would be more durable than an asphalt pathway. He further stated that there page 4
had been two public workshops held on this item. The sidewalk design had been presented at the second workshop, and had received support from attendees. After questioning, it was clarified that the existing parking bay in that area would be retained and improved, and Assistant Engineer Petr Skala further clarified that the existing pathway would be tied into the new sidewalk. At this time Mayor Eklund called for public comment, and there were no speakers on this item. Mayor Eklund moved, Seconded by Councilmember Lucan, to approve the plans and specifications and authorize a bid advertisement for the Safe Pathways to School Sidewalk Gap Closures Arthur Street and Plum Street, CIP Project Number 16-010. The motion carried 4-0-1 with Councilmember Fryday being absent. G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS A. FINANCING FOR A TRAIN STATION LOCATED IN DOWNTOWN NOVATO This item was cancelled and postponed to a future agenda. I. GENERAL BUSINESS 10. RESOLUTION APPOINTING LORI FRONTELLA AS INTERIM CITY CLERK PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21221(h) Consider approving a resolution appointing Lori Frontella as Interim City Clerk. This item was pulled from the agenda at this time. Mayor Eklund called for public comment on item H-A and I-10, and there were no speakers on either item. 11. RESOLUTION APPROVING THE TENTATIVE AGREEMENTS WITH THE NOVATO POLICE MANAGERS' ASSOCIATION (UNIT A), NOVATO POLICE ASSOCIATION (UNIT B) AND NOVATO POLICE CIVILIAN EMPLOYEES' ASSOCIATIONS (UNIT H) FOR THE PERIOD OF JULY 1, 2016 TO JUNE 30, 2019 page 5
Consider approving a resolution approving Tentative Agreements with employee bargaining Novato Police Managers' Association (Unit A), Novato Police Association (Unit B) and Novato Police Civilian Employees' Association (Unit H) for the period of July 1, 2016 through June 30, 2019. Interim City Manager Capriola introduced the item and turned it over to Human Resources Manager Weakley who gave an overview of the agreements. Mayor Eklund called for public comment, and there were no speakers on this item. Councilmember Lucan moved, Seconded by Mayor Pro Tem Athas, to approve Resolution No. 2016-046 approving the tentative agreements with the Novato Police Managers' Association (Unit A), Novato Police Association (Unit B) and Novato Police Civilian Employees' Association (Unit H) for the period of July 1, 2016 through June 30, 2019. The motion carried 4-0-1 with Councilmember Fryday being absent. 12. CONSIDERATION OF DESIGNATING A VOTING DELEGATE AND UP TO TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE BUSINESS MEETING Council to consider designating a voting representative and up to two alternate voting representatives for the League of California Cities (LCC) Annual Conference business meeting. It was suggested that Mayor Eklund serve as the delegate and Mayor Pro Tem Athas serve as the alternate. Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve designating Mayor Eklund to serve as the delegate and Mayor Pro Tem Athas to serve as the alternate for the League of California Cities Annual Conference Business Meeting. The motion carried 4-0-1 with Councilmember Fryday being absent. J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees or Boards. K. COUNCILMEMBER/CITY MANAGER REPORTS Councilmember Drew offered her thanks to the Human Resources Department for their work on the Tentative Agreements with the Novato Police Managers' Association (Unit A), the Novato Police Association (Unit B) and the Novato Police Civilian Employees' Association (Unit H). page 6
Councilmember Lucan reported that the Transportation Authority of Marin Board would be voting at an upcoming meeting on the One Bay Area Grant / Priority Conservation Area Grant funding recommendations which included $254,000 towards the Hill Recreation Master Plan, approximately $103,000 towards the Carmel Open Space preservation efforts and $1.45 million towards the Novato Downtown SMART Station. Mayor Eklund reported that the Association of Bay Area Governments (ABAG) Executive Board adopted a resolution and instructed ABAG staff to partner with the United States Economic Development Administration and other cities, counties and regional organizations to develop a comprehensive economic development strategy with the intent to establish a Bay Area Economic Development District. She further reported that the draft preferred scenario for Plan Bay Area 2040 would be released at the end of August and adopted in October, and stressed the importance of reviewing the preferred scenario as well as the housing numbers. Ms. Capriola reported that Dogbone Meadow was named the 2016 Best Dog Park in Marin by the Pacific Sun, and gave a brief update on upcoming events throughout the City. L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT At 7:20 p.m. the meeting was adjourned in memory of Scharlott Rus and Emmett Creason. page 7
JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY CLOSED SESSION MINUTES July 26 7:20 PM COUNCIL CHAMBERS 901 SHERMAN AVENUE and CITY OF NOVATO ADMINISTRATIVE OFFICES 922 MACHIN AVENUE A. CALL TO ORDER 1. Public Comment at 901 Sherman Avenue- None 2. Recess to Closed Session at 922 Machin Avenue B. CLOSED SESSION 1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of Case: Granucci v. City of Novato, Case No. CIV 1602132 There was no action taken. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council Laura McDowall, Deputy City Clerk page 8