MINUTES OF JOINT CITY COUNCIL/

REDEVELOPMENT AGENCY BOARD

CLOSED SESSION MEETING

CITY OF NOVATO, CALIFORNIA

Held at

NOVATO UNIFIED SCHOOL DISTRICT

EDUCATION CENTER BOARD ROOM

FEBRUARY 12, 2008 - 5:45 P.M.





A. CALL TO ORDER



The Mayor opened the meeting. All members of the City Council and the Board of Directors of the City of Novato Redevelopment Agency were present. The City Attorney and Agency General Counsel announced that the Council and Board had received a letter dated Feb. 11, 2008, from attorney Christopher Neary purporting to represent Citizens to Preserve Downtown Novato in which letter Mr. Neary asserted that should the Council and Board approve the conveyance of the theater property later that evening pursuant to the CEQA exemption identified in the agenda packet for this meeting of February 12, 2008, the Council and Board would be acting unlawfully and in violation of CEQA.



Because Mr. Neary's letter alleged facts that might result in litigation being brought against the City and/or Agency in the event that the City and/or Agency were to approve the proposed conveyance of the theater later during the open portion of this meeting, and because Mr. Neary's assertions thus required immediate attention which could not be postponed to a later meeting, and since his letter was received after the posting of the agenda, the Council and Agency Board voted unanimously to add Mr. Neary's claims to their closed session pursuant to Cal. Gov't Code section 54956.9(b)(3)(B).



At the recommendation of the City Attorney and Agency Counsel, the Council and Agency Board voted to continue Closed Session item B(1).



B. OPEN TIME FOR PUBLIC COMMENT ON CLOSED SESSION



The Mayor then opened the hearing for comments from the public only on items posted on the agenda for closed session.



After the public had the opportunity to speak, the Mayor closed the public comment portion of the closed session agenda and convened to closed session on the item added to the agenda (see above) and item B(2) (pertaining to the downtown theater property).




MINUTES OF JOINT CITY COUNCIL/

REDEVELOPMENT AGENCY MEETING

OF THE CITY COUNCIL

CITY OF NOVATO, CALIFORNIA

Held at

NOVATO UNIFIED SCHOOL DISTRICT

EDUCATION CENTER BOARD ROOM

FEBRUARY 12, 2008 - 6:30 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 Joseph Kreins, Public Works Director Glenn Young, Community Development Director David Wallace, Deputy Director Pam Shinault, Finance Manager Deborah Lauchner, Redevelopment Administrator Ron Gerber, Assistant to the City Manager Jennifer Goldfinger, Senior Management Analyst Tom Adams, City Attorney Jeff Walter, and City Clerk Shirley Gremmels.



B. CLOSED SESSION ANNOUNCEMENT



5:45 p.m., Novato Unified School District Education Center Conference Room



The City Attorney and Agency Counsel advised that the City Council and Agency Board had added an item to the agenda pursuant to Government Code Section 54956.9(b)(3)(B) on a unanimous vote and continued Item 1, North Coast Railroad Authority v. Daniel E. Keen and the City of Novato; City of Novato v. North Coast Railroad Authority, et al; and Transportation Solutions v. City of Novato. Regarding Item 2, he reported that the Agency Board and Council gave staff direction.



C. CEREMONIAL MATTERS/PRESENTATIONS



Proclamations: Citizen of the Year

Small and Large Businesses of the Year

Ignacio and Sunrise Rotary Clubs



Presentation: Website Upgrade Demonstration

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 Dillon-Knutson moved, seconded by Councilmember Kellner, to approve the final agenda. The motion carried unanimously.



E. PUBLIC COMMENTS



A member of Sustainable Novato said that they supported Item 9, Standing City Council Committee on Sustainability. He gave suggestions of issues the Committee could work on, including Community Choice aggregation, the “expanding globally and shopping locally” concept, Green Schools, and zero waste.



A resident of Dusel Court complained that she could not get the insurance the City was requiring for a retaining wall she recently replaced. The City Manager stated that he was aware of the situation and staff would continue to work with her.



A Novato resident supported comments made by the Sustainable Novato member. She announced a breakfast to be held by the Marin Conservation League on April 25 with a featured speaker as listed in their newsletter. She read a portion that referred to sustainability and how the movement started. She said the City should determine its ecological “footprint” and help decrease global warming. She requested that the City move forward with the green ordinance for commercial buildings and also replace trees and vegetation as much as possible.



A potential developer for vacant property at the entrance of Pacheco Valle advised that he has not yet submitted an application for a project and that they were not planning a strip mall, as reported by residents in the area. He said they were thinking it was more suited for office development, but as yet, have not started the design. He said that they follow good environmental guidelines and work with the neighborhood.



A former Mayor spoke to and supported Item 15, Northwest Quad Property Acquisition (7th Street and Carmel Drive), because the neighbors were behind the project and raised funds to help purchase, the City was interested in helping preserve the property for open space, and there was a motivated seller who he hoped realize that “top dollar” could not be received for the property. He referred to the Scottsdale Marsh project the City purchased 22 years ago where the sellers realized the real value of the property.



A Hamilton resident referred to the Todd Road Working Group meeting on February 28, 2008 and requested the Council attend and also contact Senator Boxer and Congresswoman Woolsey to get their help to set aside some of the $8 million budgeted for the wetlands project to construct the alternative road that the trucks could use to finish the project. He said the Army Corps of Engineers would be making a presentation on the Antenna North Field at that meeting.



A Novato resident referred to the video she took of the old Pini Mill and house that were torn down to do the Whole Foods project. She complained that the City Attorney did not report anything out of the Closed Session about the Novato Theatre. She requested that the Planning Commission also be webcast. She requested that Item 14, Summary of the Sale of the Downtown Novato Theatre, be continued so the public could have the opportunity to read the letter just received from the opposing attorney.