joint city council/ 922 machin avenue - vision joint city council/ city council as successor agency

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    JOINT CITY COUNCIL/

    CITY COUNCIL AS SUCCESSOR AGENCY

    TO DISSOLVED REDEVELOPMENT AGENCY

    CLOSED SESSION MINUTES

    CITY ADMINISTRATIVE OFFICES

    922 MACHIN AVENUE

    September 13, 2016 – 5:00 PM

    CLOSED SESSION AGENDA

    Present: Mayor Eklund

    Councilmember Drew

    Councilmember Fryday

    Councilmember Lucan

    Absent : Mayor Pro Tem Athas

    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

    There was no action taken.

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    lmcdowall Typewritten Text F-1

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    JOINT CITY COUNCIL/

    CITY COUNCIL AS SUCCESSOR AGENCY

    TO DISSOLVED REDEVELOPMENT AGENCY

    MEETING MINUTES

    COUNCIL CHAMBERS

    901 SHERMAN AVENUE

    September 13, 2016 – 6:42 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

    Present: Mayor Eklund

    Councilmember Drew

    Councilmember Fryday

    Councilmember Lucan

    Absent : Mayor Pro Tem Athas

    Also present: Interim City Manager Cathy Capriola, Captain Matt McCaffrey, Public Works

    Director Russ Thompson, Community Development Director Bob Brown, Senior Assistant City

    Attorney Veronica Nebb and Deputy City Clerk Laura McDowall.

    The Police Explorers were present and led 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. A second closed session was convened upon adjournment of the open

    session. See closed session minutes.

    There was no action taken.

    C. CEREMONIAL MATTERS/PRESENTATIONS Presentation: California Law Enforcement Challenge Interim Chief of Police Joe Kreins, Captain Matt McCaffrey, Sergeant Nick Frey and

    Officer Tyler Cantley were present to accept the awards. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES

    AND NOTICES OF INTENT

    Councilmember Drew moved, Seconded by Councilmember Lucan, to approve the Final Agenda,

    Waiver of the Reading of Ordinances and Notices of Intent. The motion carried 4-0-1 with

    Mayor Pro Tem Athas being absent.

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    E. PUBLIC COMMENTS

    1. Mark Urdang

    2. Eleanor Sluis

    3. Hutch Turner

    Interim City Manager Cathy Capriola briefly responded to items brought up during public

    comment. F. CONSENT CALENDAR

    1. ADOPT CITY COUNCIL MINUTES OF AUGUST 16, 2016

    The Council approved the minutes of the August 16, 2016 meeting.

    2. ADOPT A RESOLUTION APPROVING A LEASE AGREEMENT WITH

    SONIC TELECOM LLC FOR CITY-OWNED PROPERTY AT BOLLING

    CIRCLE KNOWN AS APN 155-550-06, A GRANT OF ACCESS EASEMENT

    AND MAINTENANCE AGREEMENT, AND A GRANT OF UTILITY

    EASEMENT AND MAINTENANCE AGREEMENT FOR THE PURPOSE OF

    PROVIDING TELECOMMUNICATIONS SERVICES TO NOVATO

    RESIDENTS AND AUTHORIZE INTERIM CITY MANAGER OR HER

    DESIGNEE TO EXECUTE SAME Council adopted Resolution No. 2016-050 approving a lease agreement with

    Sonic Telecom LLC for City-owned property at Bolling Circle, a grant of access

    easement and maintenance agreement, and a grant of utility easement and

    maintenance agreement for the purpose of providing telecommunications services

    to Novato residents and authorize the Interim City Manager or her designee to

    execute same.

    3. ADOPT A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING RE-

    BID FOR THE SAFE PATHWAYS TO SCHOOLS SIDEWALK GAP

    CLOSURES - ARTHUR STREET AND PLUM STREET; CIP PROJECT NO.

    16-010 Council adopted Resolution No. 2016-051 rejecting all bids received and

    authorizing re-bid for the Safe Pathways to Schools Sidewalk Gap Closures -

    Arthur Street and Plum Street, CIP Project Number 16-010.

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    4. CONFLICT OF INTEREST CODE BIENNIAL UPDATE Council introduced and waived the reading of Ordinance 1605 repealing and

    reenacting Appendix A to Section 2-22.1 of the Novato Municipal Code relating

    to the Conflict of Interest Code, to add, delete or change specific employee

    position titles and adding or deleting additional other code filers.

    5. APPROVE A RESOLUTION ADOPTING A COMPLETE STREETS

    POLICY Consider approving a resolution adopting a Complete Streets Policy.

    This item was pulled from the Consent Calendar and placed under General

    Business

    Councilmember Fryday moved, Seconded by Councilmember Lucan, to approve the Consent

    Calendar, pulling item F-5 and placing it under General Business and with Mayor Eklund voting

    No on item F-4. The motion carried 4-0-1 with Mayor Pro Tem Athas being absent.

    G. UNFINISHED AND OTHER BUSINESS No items were listed for this section. H. PUBLIC HEARINGS

    6. CONSIDERATION OF AMENDMENTS TO CHAPTERS 8 AND 19 OF THE

    MUNICIPAL CODE TO REGULATE MASSAGE ESTABLISHMENTS AND

    MASSAGE TECHNICIANS 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) Consider:

    1. Introducing an ordinance repealing and reenacting Section 8-4 of the Novato Municipal Code relating to regulation of massage establishments

    and massage technicians,

    2. Introducing an ordinance amending Chapter 19 of the Novato Municipal Code adding massage establishments as a Conditional Use in all

    commercial and industrial zoning districts, establishing parking

    requirements, adding definitions of "massage" and "massage

    establishment" and establishing zoning regulations for massage

    establishments and precluding massage as a home occupation, and

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    3. Finding that both ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA

    Guidelines Section 15061(B)(3).

    Interim City Manager Cathy Capriola opened the item and turned it over to Senior Assistant

    Attorney Veronica Nebb who explained that modifications to massage regulations were proposed

    in response to changes in State law and were also intended for protection of both consumers of

    massage services and the reputation of the massage profession.

    Ms. Nebb reviewed the proposed updates to the ordinance which included changes to make

    massage establishments a conditional use in all commercial and industrial zoning districts,

    requiring issuance of a Use Permit to allow new, relocated or physically expanded

    establishments; a prohibition on massage services conducted in a locked room; a prohibition on

    use of photographic or video recording devices in massage rooms; a prohibition on persons in

    massage room other than patron, massage technician and patron’s family members/legal

    guardian; a requirement that the principal exterior entry door remain unlocked during business

    hours, except under specified circumstances; a requirement for existing massage technicians with

    a valid City issued Massage Technician Permit to obtain California Massage Therapy Council

    (CAMTC) certification within 3 years from the ordinance adoption date; a requirement to

    maintain a written record of all services provided; and changes which would expressly prohibit

    massage establishments as a home occupation as outlined in Exhibit E of proposed Ordinance

    No. 1607.

    Captain Matt McCaffrey further explained police concerns, which included prostitution, human

    trafficking and legitimate massage businesses being negatively impacted by the establishment of

    illegitimate businesses.

    It was questioned whether the police objected to having massage as a home occupation. Captain

    McCaffrey responded that while the ideal situation would be to not have massage as a home

    occupation due to the difficulties in policing and inspecting such establishments, massage home

    occupations were not a major issue at this time.

    Concerns were raised that the fees for a Use Permit were too high and it was questioned whether

    a sliding scale for Use Permits was possible, with a lower fee being charged for smaller

    businesses and a higher fee being charged for larger business, to which Ms. Nebb replied that a

    sliding scale was possible. It was further questioned whether another option could be to have a

    smaller initial deposit be required to establish the Use Permit, with additional funds being

    requested if needed to which Ms. Nebb replied that it could. It was clarified that existing

    businesses would not be required to obtain a Use Permit unless they expanded or moved

    locations.

    PUBLIC COMMENT

    4. Angelea Gibson spoke in opposition to the portion of the ordinance wh

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