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CITY COUNCIL MEETING

MINUTES

NOVATO CITY HALL COUNCIL CHAMBERS

901 SHERMAN AVENUE

August 28, 2018 6:00 P.M.

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

At approximately 6:00 p.m., the regular City Council meeting began. MayorFryday introduced special guest, Rafael Esposito, who assisted him with thatevening’s Ceremonial Matters/ Presentations.

COUNCIL PRESENT: Mayor Josh Fryday, Mayor Pro Tempore Pam Drew,Councilmember Denise Athas, Councilmember Pat Eklund, andCouncilmember Eric Lucan

STAFF PRESENT: City Manager Regan Candelario, Assistant City AttorneyVeronica Nebb, Assistant City Manager Peggy Flynn, Assistant CityManager Michael Antwine, City Clerk Terrie Gillen, Assistant City Clerk TerriBrown, Public Works Director Russ Thompson, Deputy Public WorksDirector Chris Blunk, Community Development Director Bob Brown, PoliceChief Adam McGill, Superintendent Lyle Waite, Administrative ServicesManager Kate Whan, Recreation Services Manager Liz Tran, and SeniorOffice Assistant Maggie Rufo

B. CLOSED SESSION ANNOUNCEMENT

Per Assistant City Attorney Veronica Nebb, the City Council met to discussthe following closed session items and directed staff. There was no otheraction to report.

1. Conference with Legal Counsel – Anticipated Litigation(Significant Exposure to Litigation pursuant to paragraph 2 ofsubdivision (d) of section 54956.9)

Two potential cases

2. Conference with Legal Counsel – Anticipated Litigation(Initiation of Litigation pursuant to paragraph 4 of subdivision (d) ofsection 54956.9)

One potential case

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C. CEREMONIAL MATTERS/PRESENTATIONS

1. Ceremonial Matter – Proclamation recognizing Susan Stompe for her leadership and community service Mayor Fryday recognized Ms. Stompe and presented her with both a proclamation and a Novato Proud certificate.

D. APPROVAL OF THE FINAL AGENDA

COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Final Agenda. AYES: ATHAS, EKLUND, LUCAN, DREW, FRYDAY NOES: NONE. Motion carried.

E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER

1. City Manager and City Council Reports

City Manager Report City Manager Candelario reported that both the Council and staff had been working on the Strategic Plan and that the next workshop would take place on October 2, announced that SMART had a well-attended Open House on August 18, and asked people to check Council agenda schedule on upcoming topics.

City Council Reports

• Councilmember Lucan mentioned that he attended SMART’s Open House and opined that it was a great event.

• Councilmember Athas reported that she attended National Night Out, SMART Fest; thanked Assistant City Manager Michael Antwine and Management Analyst Bryan Lopez for managing the cannabis workshops, which she attended; participated in the League’s Annual Bocce Ball event with the City Manager and his wife; and mentioned that the Age Friendly group launched a multigenerational mural traveling project and the group was seeking community input.

• Mayor Pro Tempore Drew reported that she attended National Night

Out, three cannabis workshops, DNBA meeting, Finance Committee meeting, swearing-in ceremony for promotions of officers, a concert at the Village Green, and a MERA meeting; and encouraged residents to reduce fire hazards around them.

• Councilmember Eklund also reported that she attended the three

cannabis workshops, Town of Fairfax Council meeting pertaining to

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cannabis sales, the Novato Swearing-in Ceremony of police officers, Streets Oversight Committee meeting, Novato Citizens Finance Committee meeting, Streetscape Committee meeting and acknowledged the volunteers, movie in the park and thanked the Parks and Rec Department, Metropolitan Transportation Commission meeting, CASA Steering Committee meeting, National Night Out, and Business Improvement District meeting; mentioned that she represented Novato on the Major Crimes Task Force and the group received a report on the increase of heroine usage; and mentioned that she was on the San Francisco Bay Estuary Committee and attended its meeting. She reported that at that meeting the group formed a Bay Restoration Regulatory Integration Team for the purpose of reviewing permit applications to create more wetlands and to streamline the process.

• Mayor Fryday reported that he attended a legislative committeemeeting, which they discussed Proposition 6; and commended Citystaff for the announcement of no longer using Round-up in ourcommunity.

2. Proposed Agenda Item from Mayor Josh Fryday

Agendize before the end of the year, discussion and possible actionsregarding opportunities for Novato to reduce the use of plastic straws.

Mayor Fryday introduced this item and mentioned how this was prompted by Novato High School student Lucy London. Ms. London was at the Council meeting and shared with the Members her concern for the environment and the need to reduce plastic straws.

Council conversed on this item.

COUNCIL ACTION: Upon motion by Councilmember Mayor Fryday and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to agendize this item for a future meeting.

AYES: FRYDAY, ATHAS, EKLUND, LUCAN, DREW NOES: NONE.

Motion carried.

3. Proposed Agenda Item from Mayor Pro Tempore Pam Drew

Request for discussion of and action on a $10,000 allocation for the 18/19Novato Independent Elders Program. This request should be acted onsoon since the funds apply to the 18/19 funding cycle.

Mayor Pro Tempore Drew introduced this item. There was Council discussion.

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COUNCIL ACTION: Upon motion by Mayor Pro Tempore Drew and seconded by Councilmember Eklund, the City Council voted 4-1 via roll call to agendize this item for a future meeting. AYES: DREW, EKLUND, ATHAS, FRYDAY NOES: LUCAN Motion carried.

4. Proposed Agenda Item from Councilmember Pat Eklund

Place an agenda item on a City Council Meeting in October or November to receive a report on Novato’s current residential permitting and inspection programs for home improvements; provide direction on areas to improve; and, periodically assess effectiveness.

Councilmember Eklund introduced this item, and Council provided input.

COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to move this item forward by the end of the fiscal year. AYES: FRYDAY, EKLUND, ATHAS, LUCAN, DREW NOES: None. Motion carried.

F. PUBLIC COMMENTS

• Lloyd Pittman of the Nova-ro Senior Affordable Housing Corporation thanked the Council for heeding to the corporation’s mitigation request concerning section 8 on the proposed ordinance.

• Robin Diederich stated that she was with the League of Women Voters and asked the Council to remember that each member had signed the “Elevate the Discussion Pledge.”

• Nicole Costello expressed her support for the parklet.

• Robert Sundberg thanked the Council for the Novato Proud shirt and showed support for Finnegan’s parklet.

• Emily Larsen commented that she started the online petition to support

Finnegan’s parklet. • David Oppegard commented too on his support of the parklet and the

revitalization of the downtown.

• Kevin Morrison stated that communication pertaining to the parklet could have been better and supported the parklet.

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• Jay Shelfer stated that he represented MVMCC and asked Council tosupport G-5 and G-6, because it would benefit the residents at MVMCC.

• Hilary Musloox requested that the grass at Hill be replaced.

• Sylvia Barry commented on her support for the parklet.

• Michelle Westling expressed support for the parklet and the revitalizationof the downtown.

• Peter Mendoza stated that Finnegan’s should move forward with a policyand procedure and thanked Council for the doors, which were now ADAcompliant.

• Tom Pierce stated that Finnegan’s was a great gathering place for thecommunity and that it was beneficial to our community.

• Veda Florez commented that there should have been more publictransparency and an open dialogue with the public concerning the parklet.

• Steve Jordan expressed support for the parklet and that it reaffirmed theBusiness Improvement District.

• Henry Hautau thanked Council for the support and asked for a timeline onthe construction.

• Ali Bueleer (last name unclear) stated her support for Finnegan’s spaceand suggested to call this space a dining area instead of parklet.

• Peter Serchia commented that this space brought kids and people to thedowntown area and requested the parklet to be left alone.

• Mike Carroll expressed support for Finnegan’s parklet.

G. CONSENT CALENDAR

Assistant City Attorney Nebb highlighted that there were minor changes madeto Consent Calendar Items G-6 and G-9.

COUNCIL ACTION: Upon motion by Councilmember Eklund andseconded by Councilmember Lucan, the City Council voted 5-0 via rollcall to approve the Consent Calendar, but pull G-11, G-12, and G-13.

AYES: EKLUND, LUCAN, ATHAS, DREW, FRYDAYNOES: None.

Motion carried.

1. Waive reading and authorize introductions and/or adoption ofordinances by title onlyThis is a standard procedural action to waive any readings of an ordinanceon this agenda (I-14), so that the City Council does not have to read theordinance in its entirety.

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2. Approve the minutes of the July 24 City Council meeting

3. Approve the minutes of the August 13 special City Council meeting

4. Adopt a resolution authorizing the City Manager to execute a contract extension and modifications with Hello Housing for the administration of the City’s Below Market Rate Housing Program, including monitoring of affordable rental units

The City Council adopted Resolution No. 2018-052.

5. Adopt a resolution formally approving the Marin Valley Mobile

Country Club (MVMCC) Rent Deferral Program documents, authorize the City Manager to enter into a three-year contract with Hello Housing to administer the program, approve an amendment to the MVMCC budget, and appropriate and authorize the expenditure of up to $25,000 for the first year, and $17,500 for the second and third year, to be paid half from the City affordable housing fund and half from MVMCC

The City Council adopted Resolution No. 2018-053.

6. Adopt a resolution approving the First Amendment to the Restated and Amended Marin Valley Mobile Country Club (MVMCC) Delegation Agreement and Authorizing the City Manager to execute same The City Council adopted Resolution No. 2018-054.

7. Adopt a resolution to approve an encroachment agreement with PG&E and authorizing the City Manager to execute same

The City Council adopted Resolution No. 2018-055.

8. Receive and file the executed final Release and Settlement Agreement regarding the outdoor dining area at Finnegan’s

9. Approve Management Partners’ August 9, 2018 letter proposal to provide facilitation services for the performance evaluations of the City Attorney and City Manager, and authorize the City Manager to sign the letter on behalf of the City Council

10. Adopt a resolution to (1) accept $617,000 of federal dollars from the Metropolitan Transportation Commission for the Downtown SMART Station Phase 2 (“Phase 2”) project, (2) authorize the transfer of a $500,000 federal grant from the Downtown SMART Station Phase 3 (“Phase 3”) project to the Phase 2 project, and (3) approve a budget amendment to exchange the federal funding with local funds to be expended on the project

The City Council adopted Resolution No. 2018-056.

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11. 1. Adopt a resolution approving a contract with Hinderliter, de

Llamas and Associates (HdL) for sales and use tax analysis and audit and recovery services and authorizing the City Manager to execute same, and 2. Adopt a resolution authorizing access for examination of sales, use and transactions tax records This item was pulled for further discussion.

12. Adopt a resolution approving a professional services contract for business license and transient occupancy tax administration in the amount of $73,940 with HdL for FY 18/19 and authorize the City Manager to execute same This item was pulled for further discussion.

13. Adopt a resolution approving the plans for additional parking spaces on Front Street, Industrial Way and First Street downtown and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities – Subsections 15301 (c) and (d)

H. UNFINISHED AND OTHER BUSINESS There were no items listed for this section. I. PUBLIC HEARING 14. Hold a public hearing on and introduce 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)

Community Development Director Bob Brown introduced this item. After

Council comments and questions, the public provided comments.

• Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California, urged the Council to pass this ordinance, but mentioned her concern of the different versions around the County.

• David Lenin, with Legal Aid of Marin, expressed support of this ordinance. • Paula Allen, who represented a housing collaborative, stated that she

supported Novato’s efforts, but the ordinance needed more work. • Aaron Eckhouse, a community organizer, encouraged the Council to pass

the ordinance. • Casey Epp, Supervising Attorney at Fair Housing Advocates, also

expressed support for the ordinance.

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• Peter Mendoza commented on the support for this item and mentioned that having a cosigner created a barrier for people who were seniors and/or had disabilities.

• Judith Bloomberg asked that the ordinance did not discriminate against

people on Section 8. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund to move the 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). Councilmember Eklund asked the maker of the motion if she agreed to a friendly amendment to replace section 4.16-6 Civic Liability with the Fairfax version of 5.52-040, which Councilmember Athas concurred and Councilmember Eklund seconded the motion. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call vote to move the 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); and replace section 4.16-6 Civic Liability with the Fairfax version 5.52-040. AYES: ATHAS, EKLUND, LUCAN, DREW, FRYDAY NOES: None.

Motion carried. The Council took a quick recess. J. GENERAL BUSINESS After the break, the City Council moved up J-17. 17. Consider and possibly provide direction to retain, modify, or

eliminate individual City boards, commissions, or committees (BCCs) in alignment with City Council’s goals and objectives

Both the City Manager and the City Clerk introduced this item. Staff liaisons to the committees recommended for modification or elimination discussed with Council these recommendations. There was one public comment pertaining to the Street Improvement Oversight Advisory Committee. Ed Schulze approved the recommendation.

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COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call to merge the Street Improvement Oversight Advisory Committee with the Traffic Safety Advisory Committee.

AYES: ATHAS, LUCAN, EKLUND, DREW, FRYDAY NOES: None. Motion carried. (It should be noted that these actions by Council were the directions for staff

to follow and bring back to Council for formal action at a future Council meeting.)

After Chief McGill spoke about the recommendation for the Police Advisory

Community Board (PARB) and Council discussion, there was one public comment. Bruce Ritter stated that PARB needed to be shaken up.

COUNCIL ACTION: Upon motion by Councilmember Lucan and seconded by Councilmember Athas to go with Chief McGill’s recommendation (PARB to act on an as-needed basis for the appeal of citizen complaints as defined under the current resolution. The other responsibilities of PARB such as input in police department activities, procedures, policies will transfer to a more diverse representation of the community consisting of members of faith groups, neighborhood leaders, business leaders, youth, LBGTQ, and multi-cultural communities. This new group will be facilitated and managed by the police department, meeting quarterly with the police chief to give greater voice to those with limited voice or who are sometimes under represented.) COUNCIL ACTION: Upon an amendment to the motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew to not make any changes to the Police and Advice Review Board and take Mr. Ritter’s suggestion that the five board members be members of the new committee of the Police Department. The Council and staff conversed on the amendment. Councilmember Eklund changed her amendment to the following due to a Brown Act issue that arose. COUNCIL ACTION: Upon a substitute motion to the amendment to the motion by Councilmember Eklund and seconded by Mayor Pro Tempore Drew, the City Council voted 2-3 via roll call to leave the Police and Advice Review Board alone, no modifications.

AYES: EKLUND, DREW, NOES: ATHAS, LUCAN, FRYDAY Motion failed.

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COUNCIL ACTION: Upon the main motion by Councilmember Lucan and seconded by Councilmember Athas, the City Council voted 3-2 via roll call to go with Chief McGill’s recommendation for the PARB.

AYES: ATHAS, LUCAN, FRYDAY NOES: EKLUND, DREW Motion carried. After the votes for the PARB, the City Council and staff conversed about the

Multicultural Advisory Commission (MAC) and the Recreation, Cultural & Community Service Advisory Commission (Rec Commission).

There were many comments from the public.

• Sophio Osotio mentioned that she had put out an application for the Multicultural Commission and was concerned that perhaps that the Commission would be eliminated. However, she saw the opportunity that it could merge with the Recreation Commission.

• David Selzer commented that as a resident he noticed a lot of diversity and that City events needed to match the diversity.

• Jenny Burt expressed her experience as member on the MAC and had

felt disrespected.

• Julie Manson, Co-Chair of Peace Novato, opposed MAC merging with the Rec Commission.

• Peter Tiernan expressed that the verbal explanation for staff’s

recommendation was better than what was written in the staff report, and recommended that the committees receive more time to discuss the recommendation.

• Don Foster read a comment from another member of the public

advocating for more resources to be given to the Multicultural Commission. Mr. Foster stated that merging MAC with the Rec Commission might be too much for the Rec Commission to handle.

• Kevin Morrison stated that PD and the Rec Commission did a good job

reaching out to the Novato community, but MAC needed to also be given a chance.

• Patty Hoyt expressed support for the Multicultural Commission.

• Sylvia Barry commented that “multicultural” had a different meaning

for her as someone from another country.

• Michelle Sheehan expressed her experience being on the Multicultural Commission from its inception and she advocated for the Commission to not be merged with other commissions or committees.

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• Clifford Jacobs mentioned his participation in the Multicultural Commission and his negative experience dealing with the staff liaisons.

• Suzanne Crow commented that this recommendation should have

been given to the Rec Commission for review and also stated that the Rec Commission had done a lot for multiculturalism.

• Peter Mendoza expressed his concern that MAC might be eliminated

and mentioned that the Commission hadn’t met for a while, so the members could not perform their roles.

• Nancy Weber thanked the staff for the presentation and the Council

for its leadership, but opposed MAC margining with the Rec Commission.

• Veda Florez commented on her experiences serving on the

Multicultural Commission, including negative experiences with the staff liaisons.

After listening to the public comments, Council provided feedback to staff.

COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Lucan for staff to go back to both of the commissions (Multicultural and Recreation), get input from them and the community, and come back to Council with recommendations.

Council and staff discussed whether or not to hold off on interviewing the applicants for the vacated and open seats on the Recreation Commission and Multicultural Commission; and, if there was a delay in the interviews, then when should this matter come back to Council, so that there would not be too long of a delay.

After discussion, Mayor Fryday stated his following motion.

COUNCIL ACTION: Upon motion by Mayor Fryday and seconded by Councilmember Lucan for staff to go back to both of the commissions (Multicultural and Recreation), get input from them and the community, and come back to Council with recommendations no later than October, not fill the positions on the two commissions (Multicultural and Recreation) until resolved by the end of October and fill the seats in November by however the Council decided. The City Council voted 5-0 via roll call vote.

AYES: FRYDAY, LUCAN, ATHAS, EKLUND, DREW NOES: None. Motion carried. Councilmember Eklund requested staff to come back to Council in regard to

staggering terms for the NCTV members, with the above Council action. (However, Council did not comment on that request.)

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15. Receive a presentation from the Downtown Streets Team (DST) Project Manager, Karen Strolia, to update the City Council on the progress and outcomes of DST programs over the last year The Council received a presentation from the Downtown Streets Team. 16. Receive a presentation on the recently adopted Marin County Green Building Regulations and provide direction to staff on whether to prepare similar building code revisions for possible adoption Community Development Director Brown introduced this item, and Alice Zanmiller with the County gave the presentation. Afterwards they conversed with the City Council. There were no comments from the public. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call vote to defer this item until next fall. AYES: ATHAS, EKLUND, LUCAN, DREW, FRYDAY NOES: None. Motion carried. 17. Consider and possibly provide direction to retain, modify, or eliminate individual City boards, commissions, or committees (BCCs) in alignment with City Council’s goals and objectives This item became the first General Business Item this evening. 18. Receive a presentation regarding City branding effort as part of the City’s Communications and Community Engagement Plan and provide feedback

Upon Council consensus, this item was tabled for a future Council meeting.

19. Consider, and take action to 1) designate voting representative and up to two alternate voting representatives for the League of California Cities Annual (LOCC) Conference and Business Meeting, and 2) adopt a resolution stating who the representatives are to serve as proof of designation. COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call vote to make Mayor Pro Tempore Drew the delegate, Councilmember Eklund as the alternate, and Councilmember Athas as alternate 2. AYES: EKLUND, LUCAN, ATHAS, DREW, FRYDAY NOES: None.

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Motion carried. The City Council adopted Resolution No. 2018-057. G. CONSENT CALENDAR – ITEMS PULLED FROM EARLIER

11. 1. Adopt a resolution approving a contract with Hinderliter, de Llamas and Associates (HdL) for sales and use tax analysis and audit and recovery services and authorizing the City Manager to execute same, and 2. Adopt a resolution authorizing access for examination of sales, use and transactions tax records

Councilmember Eklund expressed concerns that the City was not performing an active RFP; and Assistant City Manager Flynn explained why staff selected HdL.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Lucan, the City Council voted 5-0 via roll call vote to adopt the resolutions.

AYES: EKLUND, LUCAN, ATHAS, DREW, FRYDAY NOES: None.

Motion carried.

The City Council adopted Resolution Nos. 2018-58 and 2018-059.

12. Adopt a resolution approving a professional services contract for business license and transient occupancy tax administration in the amount of $73,940 with HdL for FY 18/19 and authorize the City Manager to execute same

Councilmember Eklund expressed concern that HdL would be handling business licenses and again only working with this company seemed like sole sourcing. Assistant City Manager Antwine explained staff’s reasoning for selecting HdL. COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Lucan, the City Council voted 4-1 via roll call vote to adopt the resolutions. AYES: ATHAS, LUCAN, DREW, FRYDAY NOES: EKLUND Motion carried. The City Council adopted Resolution No. 2018-060.

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13. Adopt a resolution approving the plans for additional parkingspaces on Front Street, Industrial Way and First Street downtownand finding that the project is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) pursuant to Section15301 Existing Facilities – Subsections 15301 (c) and (d)

The City Manager requested that this item be brought back to a future meeting.

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 City Council adjourned the regular meeting at 11:33 PM in memories ofSenator John McCain and Aretha Franklin.

Draft Minutes recorded, prepared and respectfully submitted by: Terrie Gillen, CMC, City Clerk

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