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JOINT CITY COUNCIL/
CITY COUNCIL AS SUCCESSOR AGENCY
TO DISSOLVED REDEVELOPMENT AGENCY
CLOSED SESSION MINUTES
CITY OF NOVATO ADMINISTRATIVE OFFICES
922 MACHIN AVENUE
September 27, 2016 – 5:00 PM
CLOSED SESSION AGENDA
A. CALL TO ORDER
1. Public Comment at 922 Machin Avenue: None
2. Recess to Closed Session
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: Estate of Wilfred Lieb; and Lloyd Lieb et al. v. City of
Novato, Superior Court Case Nos. PR-1104967 and CIV 1601783
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision
(d) of Section 54956.9: One potential case.
3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957.6: CONFERENCE WITH LABOR NEGOTIATOR
Agency designated
representatives:
Cathy Capriola, Interim City Manager
Dan Weakley, Human Resources Mgr.
Brian Cochran, Finance Manager
Bob Kingsley, Kingsley & Bogard
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Employee
organizations: Unit A – Novato Police Managers
Unit B – Novato Police Association
Unit C – SEIU Mid-Managers
Unit D – SEIU General Employees
Unit E – Western Council of Engineers
Unit H – Novato Police Civilian Employees
Unrepresented
employees:
Community Development Director
Public Works Director
Police Chief
Assistant City Manager/Administrative
Services Director
Parks, Recreation and Community Services
Director
City Clerk
Human Resources Manager
Planning Manager
Recreation Operations Manager
Finance Manager
Technology Manager
Engineering Manager
Management Analyst I
Management Analyst II
Senior Management Analyst
Executive Secretary/Deputy City Clerk
Executive Assistant
Principal Human Resources Analyst
Human Resources Analyst
Supervising Accountant
Economic Development Manager
Hamilton Base Reuse Director
Public Communications Coordinator
Senior I.T. Analyst
There was no action taken.
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JOINT CITY COUNCIL/
CITY COUNCIL AS SUCCESSOR AGENCY
TO DISSOLVED REDEVELOPMENT AGENCY
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
September 27, 2016 – 6:36 PM
Present: Mayor Eklund
Mayor Pro Tem Athas
Councilmember Drew
Councilmember Fryday
Councilmember Lucan
Absent : None
Also Present: Interim City Manager Cathy Capriola, Finance Manager Brian Cochran,
Communications Coordinator Peggy Flynn, City Attorney Jeffrey Walter and Deputy City Clerk
Laura McDowall.
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
Rancho Elementary School students Eli and Chase, Boy Scout Troup 73 and Boy Scout Pack 42
were present to lead the Pledge of Allegiance. B. CLOSED SESSION ANNOUNCEMENT The City Council met in closed session to discuss Item B as listed on the Closed Session
Agenda. There was no action taken.
D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES
AND NOTICES OF INTENT
At this time Councilmember Lucan requested that an urgency item regarding the sending of
a letter to the City of San Rafael requesting that they be the lead agency on a comprehensive
Quiet Zone that would encompass the City of San Rafael, the Marin County area and the Novato
area be added to the agenda, and placed after the last item of General Business. He stated this
item was brought to his attention after the posting of the agenda and that this item was time-
sensitive.
Mayor Eklund moved, Seconded by Councilmember Fryday, to approve Final Agenda, amended
to add the Urgency Item on a Letter to the City of San Rafael Requesting that they be the Lead
Agency on a Comprehensive Quiet Zone, Waiver of the Reading of Ordinances and Notices of
Intent. The motion was approved unanimously.
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C. CEREMONIAL MATTERS/PRESENTATIONS Proclamation: Bay Day Bill Long was present to accept the proclamation. E. PUBLIC COMMENTS
1. Russell Dodge
2. Steve Murphy
3. Mike Joly
4. Reginald Lyles
5. Mike Jolly
City Attorney Jeff Walter and Interim City Manager Cathy Capriola briefly responded to
concerns brought up during public comment. F. CONSENT CALENDAR
1. ADOPT CITY COUNCIL MINUTES OF AUGUST 30, 2016
The Council adopted the meeting minutes of August 30, 2016.
2. SECOND READING OF AN ORDINANCE REPEALING AND RE-
ENACTING SECTION 2-22.1, APPENDIX "A" OF THE NOVATO
MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE The Council adopted Ordinance 1605 repealing and re-enacting section 2-22.1,
Appendix "A" of the Novato Municipal Code relating to the conflict of interest
code.
3. ADOPT A RESOLUTION APPROVING A MULTI-FAMILY RESIDENTIAL
MANAGEMENT PLAN FOR THE 801 STATE ACCESS SENIOR
APARTMENTS (A.K.A., NOVATO VILLAGE) The Council adopted Resolution No. 2016-054 approving a multi-family
residential management plan for the 801 State Access Senior Apartments (a.k.a.,
Novato Village).
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4. ADOPT A RESOLUTION ACCEPTING A $10,000 COUNTY OF MARIN
MINOR ALCOHOL ACCESS PREVENTION (MAAP) GRANT The Council adopted Resolution No. 2016-055 authorizing the Interim City
Manager to accept a $10,000 grant from the County of Marin and revising
revenues and appropriations accordingly upon award of the grant, and authorizing
the Police Department to utilize the funding to continue its Minor Alcohol Access
Prevention program.
5. ADOPT A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER
TO ACCEPT A $15,100 GRANT FROM THE DEPARTMENT OF JUSTICE
TO PURCHASE BULLET PROOF VESTS Council adopted Resolution No. 2016-056 authorizing the Interim City Manager
to accept a $15,100 grant from the Department of Justice (DOJ) to purchase
bullet proof vests for department police officers and revising revenues and
appropriations accordingly.
6. CONSIDER AUTHORIZATION OF LICENSE AGREEMENT WITH
SONOMA-MARIN AREA RAIL TRANSIT DISTRICT (SMART) TO PERMIT
ENCROACHMENT ON CITY PROPERTY The Council authorized the City Manager to execute a license agreement with
SMART to permit encroachment on City property.
7. ADOPT A RESOLUTION TO AMEND TRANSITIONAL HOUSING
GROUND LEASES I AND II WITH HAMILTON CONTINUUM PARTNERS
TO ACKNOWLEDGE THE WITHDRAWAL OF MARIN PARTNERSHIP TO
END HOMELESSNESS AS A GENERAL PARTNER OF THE LESSEE AND
PROVIDER OF SERVICES, AND TO SUBSTITUTE HAMILTON
AFFORDABLE HOMES, INC. TO TAKE OVER DUTIES RELATING TO
RESIDENT SERVICES Council adopted Resolution No. 2016-057 approving amendments to Ground
Leases (Phase 1 and 2) between City of Novato and Hamilton Continuum
Partners I and II, L.P.'s, to acknowledge the withdrawal of Marin Partnership to
End Homelessness (MPEH) as a General Partner of the Lessee and to allow
Hamilton Affordable Homes, Inc. to take over duties relating to resident services
previously provided by MPEH, including entering into Provider Agreements and
providing oversight of the Provider(s) services to the tenants of the 60 transitional
units in Meadow Park, and authorizing the Interim City Manager to execute
same.
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8. INTERIM CITY MANAGER CONTRACT AMENDMENT #2 The Council approved a second amendment to the Interim City Manager's
employment agreement to extend the term.
Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve the Consent
Calendar, with Mayor Eklund voting No on item F-2. The motion was approved unanimously. G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS No items were listed for this section. I. GENERAL BUSINESS
9. MEASURE F OVERSIGHT COMMITTEE ANNUAL REPORT FOR FISCAL
YEAR 2015/16. Consider receiving the Measure F Annual Report for fiscal year 2015/16
Brian Cochran introduced the item before turning it over to Measure F/Citizens Oversight
Committee outgoing Chair Bob Scott who gave a brief presentation.
PUBLIC COMMENT: None
The Council expressed their appreciation to the Measure F Oversight/Citizen's Finance
Committee and to Staff for their work on the Measure F Annual Report for fiscal year 2015/16. Councilmember Drew moved, Seconded by Councilmember Lucan, to approve receiving the
report. The motion was approved unanimously.
10. NOVATO CHAMBER OF COMMERCE ANNUAL TOURISM COMMITTEE
REPORT FOR 2015 Consider receiving a presentation and accepting the Novato Chamber of
Commerce Annual Tourism Committee Report for 2015.
Communication Coordinator Peggy Flynn opened the item and introduced Garrett Grialou, who
gave the presentation.
PUBLIC COMMENT: None
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It was questioned why there was a large time gap between when the year ended and when the
report was presented to Council, and why the report was based on the Calendar Year rather than
the Fiscal Year. It was explained that it takes time to compile the data, but that the report could
be brought sooner if it was the pleasure of the Council. It was further explained that the reason
that the report was on a Calendar Year rather than a Fiscal Year was because the Chamber of
Commerce operated on a Calendar Year budget. It was suggested that in the future the growth
that is projected and anticipated expenditures be presented to the Council as well.
Councilmember Lucan moved, Seconded by Mayor Pro Tem Athas, to approve receiving the
presentation and accepting the report. The motion was approved unanimously.
11. LETTER OF OPPOSITION TO SENATE BILL 1069 (WIECKOWSKI)
ACCESSORY DWELLING UNITS Consider authorizing the Interim City Manager to send a letter from the Council,
signed by the Mayor, to the State Legislature opposing Senate Bill 1069
(Wieckowski) Accessory Dwelling Units.
It was explained that this would be a letter to Governor Brown requesting that he veto Senate
Bill 1069 due to concerns that it would erode local control, especially as it related to parking
requirements. It was mentioned that while the bill was not perfect, it might encourage
the creation of Accessory Dwelling Units which could help ease the current housing crisis in the
Bay Area, however it was generally felt that that the letter to the Governor requesting a veto of
the Bill should be sent.
PUBLIC COMMENT: None
Mayor Eklund moved, Seconded by Mayor Pro Tem Athas, to approve authorizing the Interim
City Manager to send a letter from the Council, signed by the Mayor, to Governor Brown
requesting that he veto Senate Bill 1069. The motion carried 4-1-0 with Councilmember Lucan
voting No.
12. URGENCY ITEM ADDED- LETTER TO THE CITY OF SAN RAFAEL
REQUESTING THAT THEY BE THE LEAD AGENCY ON A
COMPREHENSIVE QUIET ZONE.
Councilmember Lucan explained that he had requested that this item be added to the agenda as
an urgency item due to the fact this item came to his attention after the posting of the agenda, and
that the item was time sensitive.
It was explained that there was a potential option for a combined Quiet Zone with the City of San
Rafael which would create a comprehensive Quiet Zone to cover the Hamilton Pedestrian
Crossing, which was not currently included in a Quiet Zone, as well as some areas in Marin
County area that were also not currently not included in a Quiet Zone. It was further
explained one agency would need to be the lead agency for the comprehensive Quiet Zone as
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joint applications were not accepted, and it was suggested that the City of Novato send a letter to
the City of San Rafael requesting that they be that lead agency. It was clarified that at this
time the City of Novato was not withdrawing our Notice of Intent, just sending a letter to the
City of San Rafael to request that they consider acting as the lead agency for a potential joint
Quiet Zone.
PUBLIC COMMENT: None
Councilmember Lucan moved, Seconded by Councilmember Fryday, to approve sending a letter,
signed by the Mayor and Councilmember Lucan, to the City of San Rafael requesting that they
look at a comprehensive Quiet Zone on our behalf and on behalf of the whole area. The motion
was approved unanimously. 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 reported that she attended the Working Group for the North Bay
Watershed Association for Marin County where they demonstrated computer tools for gauging
the future effects of climate change.
Mayor Eklund reported that she attended an Association of Bay Area Governments
(ABAG) Executive Committee meeting where they had met in closed session and accepted the
letter from the ABAG Executive Director on his retirement, and met in closed session regarding
a performance evaluation for the ABAG Attorney. She further reported that they had heard
about the Proposed Preferred Alternative for the Plan Bay Area which would be adopted in June
of 2017, and that a major change would be that the jobs projections and household projections
would be made with a model out of UrbanSim, which could be problematic.
L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT
At 8:19 p.m. the meeting was adjourned in memory of Susan Balderama and Mike Harold.
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
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