A. CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL

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1 MINUTES OF JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY/ NOVATO PUBLIC FINANCE AUTHORITY MEETING OF THE CITY COUNCIL CITY OF NOVATO, CALIFORNIA Held at NOVATO UNIFIED SCHOOL DISTRICT EDUCATION CENTER BOARD ROOM MARCH 25, :30 P.M. A. CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL ROLL CALL Present: Mayor Pat Eklund Mayor Pro Tem Jim Leland Councilmember Carole Dillon-Knutson Councilmember Madeline Kellner Councilmember Jeanne MacLeamy Also present: City Manager Daniel Keen, Assistant City Manager Mary Neilan, Police Chief Joe Kreins, Public Works Director Glenn Young, Redevelopment Administrator Ron Gerber, Acting Community Services Director Pam Shinault, Deputy Director Kathy Kormos, Principal Planner Alan Lazure, Technology Manager Cheryl Clark, Division Manager Kathy Graves, Management Analyst I Kathy Robinson, Assistant City Attorney Veronica Nebb, and Deputy City Clerk Vickie Gerber. B. CLOSED SESSION ANNOUNCEMENT 6:15 p.m., Novato Unified School District Education Center Conference Room The Assistant City Attorney announced that the Council met in Closed Session for the items listed on their agenda and no action was taken to report. C. CEREMONIAL MATTERS/PRESENTATIONS Proclamations: Introduction: April - Fair Housing Month Robert Feist, NIEP Volunteer Greg Canfield, Teen Center Coordinator 4/17/08 1

2 D. APPROVAL OF FINAL AGENDA (Note: The minutes follow the order of the printed agenda except for items removed from the Consent Calendar regardless of actions taken by Council to reorder the agenda.) Councilmember MacLeamy moved, seconded by Councilmember Dillon-Knutson, to approve the Final Agenda. The motion carried unanimously. E. PUBLIC COMMENTS A Novato resident and Downtown Novato Business Association Board Member requested that the City Council allow the proposed developer for the Novato Theater to purchase and refurbish the deteriorating building, which would bring vibrant business downtown. F. CONSENT CALENDAR (Items 6, 8, 9 and 13 were removed.) 1. ADOPT CITY COUNCIL MINUTES OF JANUARY 23, 2008 Council adopted the City Council minutes of January 23, ADOPT CITY COUNCIL MINUTES OF FEBRUARY 12, 2008 Council adopted the City Council minutes of February 12, ADOPT CITY COUNCIL MINUTES OF FEBRUARY 25, 2008 Council adopted the City Council minutes of February 25, OAK RIDGE ESTATES Council held the second reading and adopted Ordinance 1532 adopting the Oak Ridge Estates Master Plan Text and Map. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/NOVATO PUBLIC FINANCE AUTHORITY - Item 5 only 5. FINANCIAL AUDIT REPORTS FOR THE YEAR ENDING JUNE 30, 2007 (file ) Council received and filed the City of Novato Financial Audit Reports for Fiscal Year /17/08 2

3 7. PROJECT MANAGEMENT OF PERMIT TRACKING SYSTEM IMPLEMENTATION FOR COMMUNITY DEVELOPMENT/PUBLIC WORKS DEPARTMENTS (file ) Council adopted Resolution allocating funds for a consultant to provide overall project management services for the Development Application/Building Permit Tracking Software Project for the Community Development and Public Works Departments. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY - Item 10 only 10. ADDITIONAL LEASED SPACE AT 75 ROWLAND WAY (file ) Council adopted Resolution approving Lease Agreement 4029 for the rental of 1,500 square feet of additional office space at 75 Rowland Way and authorized the Executive Director to execute the lease. 11. COUNCIL COMMITTEE ON SUSTAINABILITY - WORK PLAN 2008 (file ) Council approved the 2008 Work Plan for the Council Committee on Sustainability. 12. PROPOSITION 98 - HOMEOWNERS AND PRIVATE PROPERTY PROTECTION ACT Consider adopting a resolution opposing Proposition 98 as requested by the League of California Cities. (This item was continued to April 8, 2008.) 14. RENAISSANCE AT STONETREE SUBDIVISION, PROJECT Consider adopting a resolution acknowledging completion of the improvements for the Renaissance at StoneTree Golf Club Subdivision and releasing the improvement securities in accordance with the Subdivision Improvement Agreement (SIA) for the project. The project is located on the south east side of Highway 37 and Atherton Avenue intersection. Developer/Subdivider: Davidon Homes; Engineer: CSW/Stuber-Stroeh. (This item was continued to a date uncertain.) Mayor Pro Tem Leland moved, seconded by Councilmember Dillon-Knutson, to adopt the Consent Calender. The motion carried unanimously, with Mayor Eklund dissenting on items 4 and 10 and Councilmember MacLeamy abstaining on Item 3. 4/17/08 3

4 F. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. TECHNOLOGY UPGRADE PLAN (file ) Consider authorizing the City Manager to execute lease agreements for the Dell Financial Services third party lease for network equipment replacement and Dell Financial Services computer workstation lease. Mayor Eklund said she removed the item because she had a problem with replacing all workstations at once and preferred purchasing them as needed, but thought new servers should be purchased. After the Technology Manager presented the staff report, she responded to Mayor Eklund that replacing all workstation computers at once would allow the least amount of business interruption. Since the workstations contained a combination of different operating systems and were up to ten years old with most being past the end of life, it would cost less to lease instead of purchasing the equipment. Council held a brief question and answer session with staff regarding equipment and service needs. The public comment session was opened. A Novato resident thought the item could be addressed at budget time. The owner of PC Plus at Vintage Oaks Shopping Center, spoke to Item 6, Technology Upgrade Plan, and requested his company be chosen as the local vendor to provide desktop computers and maintenance with competitive pricing. The public comment session was closed. After a Council held a further question-and-answer with staff, Councilmember MacLeamy moved, seconded by Councilmember Kellner, to execute the lease agreements. The motion carried 4-0-1, with Councilmember Dillon-Knutson absent. 8. COMMUTER VAN REPLACEMENT (file ) Consider adopting Resolution amending Budget Resolution to allocate funds from the Vehicle Replacement Fund for the purchase of a replacement van for the City sponsored van pool. Mayor Pro Tem Leland removed the item because he had been studying how organizations can improve efficiency and was impressed with other jurisdictions use of energy efficient vehicles for van pooling. He suggested staff study other cities experiences regarding cost and maintenance so Novato could start doing this as well. Responding, the Public Works Director 4/17/08 4

5 said staff tries to obtain the most reasonably priced vehicles through State auctions where there is little opportunity for purchasing alternative vehicles or vans. Vehicles purchased outside the auctions would be significantly more expensive and to do so would require Council change the current purchasing policy. This purchase would be funded by surplus money saved from past vehicle purchases. He noted said there were no natural gas fuel sites in Marin. Responding to Councilmember Dillon-Knutson, the Public Works Director said in the past the City owned two electric vehicles that were recalled by the manufacturer and destroyed and noted staff was currently researching the use of electric vehicles. The Assistant City Manager said staff explored the possibility of obtaining grants to replace the vehicle, but could not find one to cover the cost of a large van. A replacement van will reduce the carbon footprint and increase efficiency by removing eight employees vehicles from the road. She also said employees contribute $25 each per month to cover some of the cost of fuel and maintenance and noted the current vehicle should be taken off the road. Responding to Councilmember Kellner, the Assistant City Manager said other employees were surveyed to see if they would participate in a car pool, but they were not interested and agreed incentives were important to encourage participation. Councilmember Kellner stated that a commute plan with incentives should be created. Mayor Eklund said the City should find a van that used alternative fuel and noted there was a natural gas fueling station in Santa Rosa. She acknowledged the item was time sensitive and thought it would involve a five to ten year commitment. She also said that although the current vehicle was not performing well, she had a problem going forward with the purchase. Mayor Pro Tem Leland questioned whether Novato had a transportation management plan similar to other cities where new developments provide transportation plans when projects were presented. After the Assistant City Manager responded that she was only aware of the shuttle program at Hamilton, Councilmember MacLeamy moved, seconded by Councilmember Kellner, to adopt the resolution amending Budget Resolution to allocate funds from the Vehicle Replacement Fund for the purchase of a replacement van for the City sponsored van pool. The motion carried 3-2, with Mayor Eklund and Mayor Pro Tem Leland dissenting. REDEVELOPMENT AGENCY - Item 9 only 9. CONSULTANT SERVICES AGREEMENT WITH SZFM Consider authorizing the Executive Director to enter into a Consultant Services Agreement with SZFM Design Studio for an amount not to exceed $170,000 to develop a streetscape plan and development guidelines for North Redwood Boulevard and adopt resolution amending budget. 4/17/08 5

6 Mayor Eklund said she removed the item because she was concerned with the process and wanted to discuss the project at a Council meeting before investing any money as the budget was tight. She said she did not have a problem with the contract, but did not feel comfortable moving forward until a discussion was held. Councilmember Kellner said she also had questions about the process and wanted the steps that would be taken regarding the project identified, and was particularly interested in seeing the streetscape plans. The public comment session was opened. A Novato resident reminded Council to include the public in the process. The public comment session was closed. Mayor Pro Tem Leland responded to Mayor Eklund that he agreed with her that things needed to slow down on projects that affect the City and thought Council needed to be more hands on. He said he had no problem with the consultant, but just wants to understand where the pieces to the plan fit. He noted Council had the profound potential of improving the City for the future. Councilmember MacLeamy clarified the developer s team did not do the most recent Grant Avenue project. She said if the project was not time sensitive Council needed to hold public discussions to talk about the process, which she wanted to have occur before going forward. After Council held further discussion, there was City Council consensus to continue the item ANNUAL HOUSING REPORT (file ) Consider receiving and filing the 2007 Annual Housing Report. Councilmember Kellner said she removed the item to request the Housing Coordinator update rd report information at page 5, 3 paragraph, Senior Housing at Hamilton, to indicate the City was th no longer in negotiations with a not-for-profit housing developer; page 7, 4 paragraph, correct to state FAR increases should refer to commercial development in the Downtown Specific Plan nd Area; page 8, 2 paragraph, Program 5.B., Adopt a Jobs/Housing Linkage Fee; and Program 9.A., Revise the City s Inclusionary Ordinance, to state a Housing Coordinator has been hired. After Council held a brief question-and-answer session with staff, the Assistant City Attorney clarified that the increased FAR applied to the Downtown Specific Plan Area and not to the Northwest Quadrant. Councilmember Kellner said the complete commercial and nexus linkage study was discussed in 2003 when she was on the Planning Commission. She noted the City of San Rafael was currently working on its general plan update and was discussing similar issues. She said Council needed to decide whether it wanted to do this and requested the item be placed on the list of discussion items for the next Council Strategic Planning session. 4/17/08 6

7 The public comment session was opened. A Novato resident questioned what would be done in the Northwest Quadrant and requested people in the area be informed of upcoming plans. After the public comment session was closed, Councilmember Kellner moved, seconded by Councilmember Dillon-Knutson, to adopt the modified Housing Report. The motion carried unanimously. G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS 15. WHOLE FOODS/SIGNATURE DESIGN REVIEW APPEAL & DIRECTED REFERRAL (file ) (Resolution 23-08) Consider an appeal filed by the project sponsor, and a directed referral filed by a Councilmember, regarding the March 12, 2008 Design Review Commission's approval of modifications and other matters related to the approved Whole Foods/Signature Properties mixed use project located at the northeast intersection of DeLong Avenue and Reichert Avenue. The Principal Planner presented the staff report. Responding to Mayor Eklund, the Assistant City Attorney said that once a directed referral has been filed, staff routinely turns away anyone else trying to file the same appeal. She checked with surrounding jurisdictions and they follow the same procedure. Council held a question-and-answer session with staff regarding architecture, freestanding wing wall and plaza; Delong building entrance modifications; window arches; exterior veneer; store entry; pedestrian entry to residences; Scott Court pedestrian entry; and tree removal and street scape that were discussed in the staff report to the Planning Commission dated March 12, Further discussion ensued regarding the kind of art Council thought would be appropriate for the site including three-dimensional art; size of the arches and mural content; no small plaques; statues, size and placement; and the art should be visible to everyone, not just customers. Responding to Mayor Eklund, the Principal Planner said Novato s Zoning Code provisions required this size development provide art or pay in lieu fees and Council could provide a condition describing the art it preferred. 4/17/08 7

8 Councilmember MacLeamy said she had requested architectural and other matters considered by the Design Review Commission on March 8, 2008 and the Directed Referral should be limited to the action taken at the meeting. The public hearing was opened. Appellant Patrick Van Ness, Signature Properties, said they wanted to appeal the decision of the Design Review Commission and return to staff for review the proposed mitigation for the removal of an oak tree from the Whole Foods Development site as they believed they were adequate and exceeded the requirements of the tree preservation ordinance. He also said they met with neighbors on Railroad Avenue to discuss planting additional trees on the street. Further, Whole Foods wanted to make changes to the plaza to reflect the store s openness and vibrant activity on the corner site, which would be brought to more of a pedestrian scale. He stated they were not trying to avoid providing public art and wanted to provide more seating and room for events. They thought placing statues in the Plaza area would hinder that effort and instead large three-dimensional art plaques reflecting Novato s history could be affixed to the walls; they agreed to focus on the arches as the main public art for the site because it would open up pedestrian access from Reichert Avenue. The Appellant responded to Councilmember MacLeamy that they thought a brick facade prevented the building from being prominent enough and more detail could be allowed in the arches; a more natural look could be achieved without using fabricated stone; placing clay or ceramic tiles or an historic interest trail in the sidewalk could bring things down to pedestrian scale; confirmed bronze or a similar material would cover the lower walls; entire project would comply with ADA requirements and be appropriate for pedestrian foot traffic; and a 24-inch boxed Oak tree would grow into a specimen tree and be the central focus of the plaza. Councilmember MacLeamy stated she wanted to see an integrated color scheme and agreed with the Design Review Commission that a large sample would be needed. After she said they were concerned with the ochres, mustards and greens, the Appellant said they would modify the palette to address those concerns. After Councilmember Kellner questioned whether statues could be incorporated into the seating space, the Appellant agreed. Councilmember Dillon-Knutson said she wanted public art that was significant and interactive and liked something installed like the baby elephant fountain located at the Corte Madera Town Center; wanted significance in the choice of colors; and suggested increasing the landscaping maintenance plan to five years. The Appellant responded that they would maintain the street trees on Redwood Avenue until there was a SMART development to maintain them in perpetuity. Mayor Eklund thought tree maintenance could be increased to five years and suggested three dimensional artistic benches could be installed along Reichert Avenue outside of Whole Foods. 4/17/08 8

9 Responding to Mayor Eklund, the Appellant referred to many green building items they included in the project as described in their Draft Commercial Green Building Effort for the Whole Foods Project dated February 5, 2008, which was contained in Council agenda packets. He said solar panels would work for the common area, but did not make sense for the long term life of the building. Whole Foods has already purchased enough sustainable wind to offset 100 percent of the electricity used in the store. A Novato resident said the damaged oak tree should not have been removed and thought a Councilmember had a conflict of interest. A Scott Court resident said he agreed with the Design Review Commission on the brick issue and requested Council deny the appeal. He said staff printed labels for noticing the future meeting on the same day as the Design Review Commission meeting before they knew whether the labels would be necessary. A Novato resident encouraged Council to move forward with the project. A Railroad Avenue resident said they were settling for the mitigations regarding the damaged tree removal and requested in the future staff pay close attention to avoid damaging heritage trees on project sites. After the Appellant responded to Mayor Eklund and clarified non deciduous Coast Live Oaks would be planted, the public hearing was closed. Responding to Mayor Eklund, the Principal Planner said that it was common practice to run mailing labels in advance of a meeting so if needed they would be ready to mail. The Principal Planner responded to Councilmember Dillon-Knutson that the tree was already impacted by prior construction work and in the past there have been instances where trees were saved. He said information on the types of plantings approved last July have been included in every subsequent Council packet where the project appeared on an agenda. Responding to Mayor Pro Tem Leland s question of whether there would be a significant increase in traffic on Scott Court, the Principal Planner said the pedestrian access would encourage people to walk to the store, but nothing more was anticipated to increase traffic. Also responding, the Public Works Director said he did not see anything that could cause a problem. After the Principal Planner responded to Councilmember Kellner that Condition 17 dealt with the art component and clarified Council could modify the language of that condition, Councilmember Kellner moved, seconded by Councilmember MacLeamy, to deny the appeal. After a brief discussion, Councilmember Dillon-Knutson moved, seconded by Councilmember Kellner, to amend the main motion to have Condition 17 read: The scale and location of the artworks, including the mural concept along Reichert Avenue, have been approved. In addition, the art program shall include three dimensional art, such as statues or a fountain feature (not 4/17/08 9

10 including benches) in the outdoor plaza prior to issuance of a Certificate of Occupancy, and the specific details of the artwork shall be presented to the Recreation, Cultural and Community Services Advisory Commission for approval. The amendment to the main motion carried unanimously. After Council held a further question and answer session with staff concerning tree maintenance, Councilmember Leland moved, seconded by Councilmember Kellner, to amend the main motion to insert language in Condition 5 to read: Except for the trees described in Condition Number 10 (SMART property) and the trees not included in the CC&Rs as being maintained by the homeowner s association, in accordance with Section 5-28 of the Novato Municipal Code, a twoyear landscape maintenance agreement shall be entered into with the City as a prerequisite to the final occupancy of the project to the satisfaction of the Planning Division. Trees in the CC&Rs to be maintained by the Homeowner s Association shall be subject to a five-year landscape maintenance agreement, which shall be entered into by the applicant as a prerequisite to the final occupancy of the project to the satisfaction of the Planning Division. The amendment to the main motion carried unanimously. Mayor Eklund moved, seconded by Councilmember Dillon-Knutson, to amend the main motion to insert in Condition 4 the words and recycling after the word trash in the first sentence. The amendment to the main motion carried unanimously. Responding to Councilmember Dillon-Knutson, the Principal Planner clarified the developer said they would consider using natural stone and unless something was presented to the Design Review Commission that was better it would remain brick. Mayor Eklund said she wanted that decision to be made by the Design Review Commission. She noted Design Review Commission minutes stated it wanted real and not manufactured stone. Councilmember Dillon-Knutson agreed and moved, seconded by Mayor Eklund to amend the main motion, that the applicant could propose the change if they so desired. The amendment to the main motion carried unanimously. The main motion as amended carried unanimously. I. GENERAL BUSINESS 16. REGULATION OF SECONDHAND SMOKE IN OUTDOOR AREAS (file ) Consider introducing proposed ordinance amending the Novato Municipal Code to regulate secondhand smoke and prohibit smoking in certain public places. After the City Manager presented the staff report, the public comment session was opened. A Novato resident opposed the nuisance declaration in the draft ordinance because he thought it was unenforceable for condominium owners and involved too much government control. 4/17/08 10

11 The President of the Downtown Novato Business Association (DNBA) said the Board voted not to support the ordinance as currently written as it was concerned with the nuisance clause and how litigation could be filed against the DNBA, its Board or anyone else, and what it would mean for realtors if they had to disclose neighboring smokers. A Novato resident representing the Chamber of Commerce said they thought it important Novato harmonize its ordinance with the Marin County Ordinance and strongly opposed Novato s Secondhand Smoke Section as it would criminalize a legal activity. A representative from the American Lung Association and Santa Rosa resident supported the draft ordinance and said it could be the gold standard for the North Bay if adopted; enforcement was self-regulating; there has not been a rash of lawsuits in other jurisdictions; and requested the nuisance clause be retained. Two San Jose Middle School students spoke requesting smoking be banned and declared a public nuisance because it affected those with allergies and asthma and otherwise jeopardized health. The operator of Inn Marin and Rickey s Restaurant said the signage requirements should be addressed and did not want to be required to post an unsightly large sign. A Novato resident and business owner cautioned the City could be liable if people smoke in parks or at other event sites and would be left in the position of having to maintain insurance of which complainants could use to their advantage. He thought the public nuisance clause went too far, negatively affecting events and business owners when it was already contained in the County s Smoking Ordinance. The President of the Novato Chamber of Commerce said it might not be able to obtain insurance for events and thought the ordinance was impossible to enforce. A Novato resident said she was confused about activity happening around her home reminding Council it was her land and there have been unusual things going on since Mayor Eklund responded that staff would meet with her to discuss her concerns. A Novato resident and renter said he had no other recourse when he took his problem to his homeowner s association because his neighbor was unwilling to change his outdoor smoking location causing smoke to continually drift through his bedroom window and wake him and requested Council retain the nuisance clause. The public comment session was closed. Council held a question-and-answer session with the Assistant City Attorney and discussed legal aspects of various components of the draft ordinance, including the common areas of multi-unit dwelling areas, signage, smoking at public events and in public right-of- ways, liability and enforcement. 4/17/08 11

12 Mayor Pro Tem Leland moved, seconded by Councilmember Kellner, to introduce the ordinance. Mayor Pro Tem Leland said he wanted to amend his motion to propose limiting the scope of the nuisance provision to places where people live, a broad definition that included hospitals, group care, single and multi family units, hotels and motels. Mayor Eklund said she would be willing to second the spirit of the motion and that the Assistant City Attorney would craft appropriate language. Councilmember Dillon-Knutson said Mayor Pro Tem Leland was trying to limit second hand smoke to where people lived and questioned how it would relate to those who smoke at events located near residential dwellings. Mayor Pro Tem Leland said he was not trying to limit the provision of the ordinance, but only where second hand smoke was a nuisance. Councilmember MacLeamy said the Art and Wine Festival occurred near residential areas, so if someone was smoking and walking near a resident home causing smoke to enter the residence, it would be covered by the definition of the nuisance clause. Mayor Pro Tem Leland said smoke drifting into a residence would be considered a nuisance. After the Assistant City Attorney responded to Mayor Eklund that a problem was the broad definition did not cover the locations where people reside, Mayor Pro Tem Leland moved, seconded by Councilmember Kellner, to substitute a motion to continue the item to April 8, The motion carried unanimously. Council held further discussion of how the nuisance clause could apply to various locations and situations. Mayor Eklund suggested passing the spirit of the amendment and returning the item to a future meeting. Councilmember Kellner said in addition to health care facilities, there were other facilities where people received care and did not live on the premises and thought health care should be addressed more broadly. Mayor Pro Tem Leland said he did not object and noted staff would need time to think things through. Councilmember MacLeamy suggested Council could pass the ordinance without Section After further discussion of the nuisance clause, Councilmember Kellner said she would vote in favor of clarifying the public nuisance clause. Mayor Pro Tem Leland moved, seconded by Mayor Eklund, to limit the scope of the nuisance provision to places where people living using a broad definition that included hospitals, group care, single and multi-family units, hotels and motels. The motion carried 3-2, with Councilmembers Dillon-Knutson and MacLeamy dissenting. After the Assistant City Attorney clarified staff took this as direction to return the item for introduction at the next Council meeting, Mayor Pro Tem Leland again moved, seconded by 4/17/08 12

13 Councilmember Kellner, to continue the item to the April 8, 2008 Council meeting. The motion carried unanimously. 17. CREATION OF A COMMUNITY TASK FORCE (file ) Consider establishment of a Community Task Force to a) identify key City services and facilities; b) review/assess projected City Revenues; and c) develop recommendations to the City Council regarding service and facility priorities and funding mechanisms which balance; and consider a workplan and preliminary timeline for the Community Task Force. The Assistant City Manager presented the staff report and responded to questions from Council. Councilmember Kellner said this was an ambitious work plan and noted that after serving on the Budget Committee appropriately skilled people needed to be pulled together, suggesting one group work on the operating side, one on the capital side and another on facilities. Responding, the Assistant City Manager agreed new members were needed for the Budget Committee, the time line was very ambitious, multiple staff needed to be assigned to do the report and they would need to address the constraints of all the departments. She was not sure she could work within the time line and would need a complement of people working with equal intensity. The Assistant City Manager responded to Councilmember Dillon-Knutson that the task force would do community outreach to determine priorities. Responding to Mayor Eklund, the Public Works Director said CIP staff would propose to hire a consultant because his department did not have time to do the analysis of all City facilities that are currently being used and stated staff would have to determine how to fund the consultant. The Assistant City Manager responded to Mayor Eklund that staff would consider all City funds and not just the general fund. Mayor Eklund said she was not sure if the task force should determine its priorities and thought Council wanted to have the final decision. Responding, the Assistant City Manager said if the task force was being asked to recommend to Council how to prioritize, they would have to assess its priorities and then come to Council for determination. Mayor Eklund responded that two additional at-large members were needed from the public and the environmental community for broader representation. She questioned why three members of the Budget Committee and one Economic Commission member would be asked to serve. Further responding, the Assistant City Manager said it was a suggestion for how to put the task force together and thought members from the Budget Committee would bring a certain level of expertise and background to the group as their task was to understand the City s budget. The public comment session was opened. 4/17/08 13

14 A member of the Budget Committee agreed with Councilmember MacLeamy s previous comments and said since they now have only two members less should be expected from them while serving the task force. Referring to past consulting experience, he said it was critical Council obtain feedback from the task force and discuss internal solutions to stay focused and avoid vagueness when doing public outreach. A Novato resident thought forming the task force was a waste of time because the Strategic Planning Committee had already done the work a couple of years ago. The public comment session was closed. Mayor Pro Tern Leland said he had a problem with the composition of the task force and thought it should have broader public representation and be more like the Citizens Strategic Plan Committee or maybe something in between would work. He presumed the task force would take the most recent citizen survey work and incorporate it early into the task force so it could see what citizens want. He suggested that in addition to existing buildings it deal with promised projects that have never gone anywhere such as the sports park at Hamilton, O'Hair Park, and others, and address the disposition of what those projects would be. He stated they should also address vacant land the City owned and come up with answers and strategies for those properties. He said ideally he wanted to see a fact finding phase occur early where the task force would discuss what the community wanted and try to understand financial constraints in terms of how the City was financed and the aging condition of facilities. He thought the task force should recommend priorities and a financing plan for the near term to ten years, and mid-term ten to twenty years, and recommend whether they thought we wanted bond financing. He said he saw this as a bigger project in scope and he did not care whether it took two years because it was a huge problem and a comprehensive group needed to attack it which would take some time. Councilmember Kellner said Council needed to address the capital budget, thought fact finding was a good idea and that a budget committee and a task force were not enough to do all the work. Councilmember MacLeamy agreed that Council needed to address the capital budget and include infrastructure. She said the shortfall was approximately $600,000 a year and much work has been done on Phase One to incorporate it with Phase Two. She thought a large group could be unwieldily and to determine task force priorities people had to be educated to understand the City s position. She said during Phase Two existing facilities could be reviewed, including infrastructure; Phase Three could cover increasing revenue, reducing expenses and addressing what to do with deferred maintenance and infrastructure. She thought the task force should present a draft outline of the current situation, suggest strategies for resolving issues and create a helpful plan to use as a basis for going forward. She said Council needed a task force who really understood finances, were practical and understood the seriousness and importance of the project. Mayor Eklund said she thought they should start with Phase Two, review city facilities, consider the age of buildings to determine what was needed then go back to discuss revenues and include infrastructure and promised projects. She thought the task force should look at efficiencies, cost 4/17/08 14

15 savings, recommend priorities, options for funding and liked the idea of interim reports. She said there were problems with composition of this proposal as the public open space and maintenance were left out; and more balance was needed in the task force s structure. Further, she said the Strategic Planning Committee was a committed group and she did not support eliminating it when that was done. The City Manager said staff would review Council s comments and this item would be returned in the future. J. COMMISSIONS, COMMITTEES AND BOARDS APPOINTMENTS K. COUNCIL REPORTS Councilmember MacLeamy reported on the 901 Sherman Avenue project. L. ADJOURNMENT The meeting was adjourned at 11:45 p.m. in memory of Ronald Boltz, Christopher Dennis Cowman and Toinette Botkin Laurant. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular rd meeting of the Novato City Council on the 23 day of April, Shirley Gremmels, City Clerk 4/17/08 15