A. CALL TO ORDER, PLEDGE OF ALLEGIANCE, INVOCATION AND ROLL CALL
Invocation - Reverend James Current, Novato United Methodist Church
ROLL CALL
Present: Mayor Carole Dillon-Knutson
Mayor Pro Tem Michael Di Giorgio
Councilmember Pat Eklund
Councilmember Jim Henderson
Councilmember Cynthia L. Murray
Also present: City Manager Roderick Wood, Assistant City Manager Walter Bobkiewicz, Community Development Director Vi Grinsteiner, Police Chief Brian Brady, Community Services Director Larry Dito, Deputy Director Sonia Seeman, Principal Civil Engineers Bob Weil and John Avots, Senior Planner Kris Richardson, Senior Management Analyst Jennifer Goldfinger, Senior Engineer Fred Isla, Special Counsel Joe Coomes, City Attorney Jeff Walter, and City Clerk Shirley Gremmels.
B. CLOSED SESSION ANNOUNCEMENT
6:00 p.m., Simmons House Conference Room
The Assistant City Manager announced that the Council met in closed session that were listed on their agenda and no action was taken that needed to be reported.
C. CEREMONIAL MATTERS/PRESENTATIONS
Youth of the Month: Outstanding Artistic Achievement "Till Dawn"
D. APPROVAL OF FINAL AGENDA
Mayor Pro Tem Di Giorgio moved, seconded by Councilmember Eklund, to move Item 16, Hamilton Redevelopment Plan, to after Council/Staff Comments and Item 12, Budget Deliberation after Item 15, the Community Banner Policy. The motion carried unanimously.
E. PUBLIC COMMENTS
Paul Mamalakis, resident of Novato, stated that he was concerned about the absence of the televised debates preceding the June election for Novato's community. He had advocated establishing a reciprocal agreement with TCI so that their sponsored debates for the various candidates could be shown to Novato constituents. He discussed debates that have been sponsored by the League of Women Voters and to be sponsored by the Soroptimists.
Anita Zunino, 804 DeLong Avenue, referred to the City-owned Zenk parking lot and stated that she wanted the opposite of what is being proposed in the Downtown Specific Plan. She complained about underground drainage that she said came from the City Hall property onto her property. She questioned the purpose of Item F-8, Delegation of Authority of Notice of Intent to adopt Resolutions of Necessity and what was being proposed to be condemned.
The City Manager responded to Council that the Zenk parking lot reconfiguration was one of the options in the proposed Downtown Specific Plan. With regard to the underground water, the City has had a number of meetings with Mrs. Zunino and has done substantial engineering investigation and it is City's opinion that there is no water draining from the City Hall property to her property. The City has agreed to improve the alley between her property and the City's property. With regard to Item 11, he advised that this issue was put on the agenda by the City Attorney to allow the City Clerk to give notice of intent 15 days before the Council conducts public hearing on whether to condemn real property and is not related to any specific property. Council must still conduct a public hearing, which still requires a four-fifths vote.
Gail Meyers, 2 Carmel Drive, referred to the Planning Commission's hearing the previous evening and stated that as far as she was concerned the Negative Declaration action taken on Goodman's land use designation was null and void as there was no General Plan amendment.
The Community Development Director responded to Council that she would be happy to meet with Ms. Meyers as she was not sure of the nature of her concern.
F. CONSENT CALENDAR
1. ADOPT MINUTES OF MAY 26, 1998
2. ADOPT MINUTES OF JUNE 3, 1998
3. ADOPT MINUTES OF JUNE 9, 1998
4. APRIL FINANCE REPORT (file 401-02)
Council received and filed finance report through April 30, 1998.
5. APRIL 1998 INVESTMENT REPORT (file 403-04)
Council received and filed monthly report of invested cash.
6. LEASE AMENDMENT FOR GYMNASTICS CENTER AT "THE SQUARE" (file 1401-04)
Council authorized City Manager to sign a lease amendment (Agreement 2955B) for the Gymnastics Center at "The Square."
7. GENERAL PLAN IMPLEMENTATION STATUS REPORT (file 202-01)
Council received the status report.
8. DELEGATION OF AUTHORITY OF NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY (file 703-01)
Council adopted Resolution 85-98 delegating authority to the City Clerk, the Deputy City Clerk and their designees to give notice of the intent to adopt a resolution of necessity in accordance with Cal. Code Civ. Procedure Section 1245.235. The giving of the notice of intent must occur 15 days before the Council conducts its hearing to decide whether to condemn real property. Only the Council can authorize the condemnation of property. The giving of the notice of intent does not authorize the condemnation of property. It is an administrative step--the giving of notice of a hearing to be held at least 15 days later. The adoption of the resolution will reduce staff time and City costs in the giving of this notice.
9. GATEWAY PLANTING AT SCOTTSDALE MARSH, PROJECT NO. 93-011 (file 803-02)
Council adopted Resolution 86-98 authorizing the City Manager to execute right-of-way certification for this project.
10. COUNTRY GARDEN MANOR SUBDIVISION, PROJECT NO. 95-903 (file 201-06)
Council accepted the street, storm drainage, and other public improvements constructed for this subdivision and authorized the release of the subdivision bond in accordance with the Subdivision Improvement Agreement for the project. The project is located on Center Road, opposite the intersection with Rica Vista Drive. Subdivider: Rago Development Corporation, a California corporation, Engineer: I. L. Schwartz & Associates, Inc.
Councilmember Eklund moved, seconded by Councilmember Murray, to adopt Resolutions 85-98 and 86-98 and the remainder of the Consent Calendar. The motion carried unanimously.
G. CITY ATTORNEY'S REPORT
H. COUNCIL/STAFF COMMENTS
Council announced various meetings, events and activities in which they participated or would participate.
Mayor Pro Tem Di Giorgio announced that the Congestion Management Agency, of which he is a member, funded a study of the crossing on Highway 101 across from the Redwood Landfill. He also stated that CalTrans did not take the Agency's recommendation regarding the hours of operation for the HOV lanes and their hours, which are in conformance with other HOV hours of operation, will commence July 13.
Mayor Dillon-Knutson advised that the League of California Cities North Bay Division met June 18 and she was nominated for Second Vice President. She requested that her nomination by the Council be placed on the July 14 agenda.
The City Manager reported that the City has been meeting with TCI about their request to string cabling across the freeway in the Ignacio area. The Assistant City Manager has expertise in this area, and is heading up the negotiations, including public access programming.
HAMILTON STATUS REPORT
The City Manager advised that he was in contact with Washington, D.C. earlier in the day and learned that the Department of Toxic Substances Control and the Navy appear to have reached agreement regarding the lead-based paint at Capehart Housing. The City should be able to move forward on the acquisition of the Navy portion of Hamilton.
I. UNFINISHED BUSINESS
11. DOWNTOWN STREETS AND DRAINAGE IMPROVEMENTS (CIP PROJECT 91-012) (file 803-02)
Consider the following actions to move this project forward to construction: a) receive a status report regarding Rush Creek Drainage; b) adopt budget Resolution 87-98 increasing the project budget by $819,261; c) confirm the selection of streetscaping details; d) award a construction contract to the lowest responsible bidder, Maggiora & Ghilotti, in the amount of $1,450,822; and e) adopt Resolution 88-98 confirming the Engineer's Report ordering the improvements of establishing the Downtown Lighting and Landscape District No. 1. The project includes Sweetser Avenue and portions of Machin Avenue, Vallejo Avenue, and Reichert Avenue in Downtown Novato. The item is time-sensitive because of a grant deadline of June 30th for awarding the construction contract; grant revenues of $356,032 are at stake.
Principal Civil Engineer Weil in his staff report introduced the consultant and the contractor Gary Ghilotti, whose construction firm had the lowest bid. To respond to Councilmember Eklund's questions prior to the meeting, the bid was $200,000 over estimate and will require a budget amendment as the budget for this project was only $900,000. He responded to Mayor Dillon-Knutson that specifications of the bid do not need to be changed as there was only a 14 percent protest vote on the Downtown Lighting and Landscaping District No. 1. He referred to the June 22 Independent Journal article, which was printed as a result of their press release. He referred to the new round of ISTEA grants as well as Redevelopment as possible sources for funding Grant Avenue. Applications can be submitted in October for the first round of the grants.
The Community Development Director noted that this project must be awarded by June 30 in order to stay eligible for a $350,000 grant. She referred to the staff report for the Rush Creek drainage status report.
The public comment period was opened.
Gary Ghilotti, proud resident of Novato for 23 years and President of Maggiora-Ghilotti, apparent low bidders on this project, stated that if awarded the project, they will start working for the City the next day and meet with staff and fine-tune some of the situations so they can get started quickly. He cited recent projects that their construction firm completed. He stated that he knows how to deal with the City, public, and business people. While there will be some headaches and inconveniences, they will try to keep them to a minimum. If not, the contract conditions are stiff and tough and City staff will be able "to take money out of my wallet in a hurry." He did not want that to happen. He wanted to perform his job and get it done. He wanted to get the first phase done so that hopefully they can also bid successfully on Phase II for Grant Avenue. They have experience, are local and third generation in the business. If the work is not done right, they will be told to take it out and do it right the second time before getting paid. He was sure that staff would stand behind to make sure that quality work is done.
The public comment session was closed.
Councilmember Eklund moved, seconded by Councilmember Murray, to adopt the resolutions.
Councilmember Murray referred to the City-owned property adjacent to the Novato Builders Supply and requested that the City pursue selling that property to help pay for this street improvement project.
Principal Civil Engineer Weil stated that staff will bring that item back at a future meeting. The property had been condemned for some time and the extension of Sweetser Avenue for which the property was purchased is no longer in the City's General Plan.
Councilmember Eklund complimented staff for the work done on developing the project. She was pleased to hear of the possibility of more grant funding. She was anxious to have Grant Avenue repaired also.
Principal Civil Engineer Weil responded to Councilmember Eklund that the staff estimates for the Grant Avenue project are four or five years old and need to be upgraded.
Council complimented staff and Principal Civil Engineer Weil responded to Mayor Pro Tem Di Giorgio that Grant Avenue is to be done in 1999. Mayor Pro Tem Di Giorgio stated that doing this project before Grant Avenue was a good idea as staff can see what happens with the disruption of traffic. Councilmember Murray and Henderson agreed.
Principal Civil Engineer Weil responded to Councilmember Henderson that regarding the Rush Creek project that they will be doing some channel-widening. He referred to the staff report and said that along with the other agencies, they will be working on solutions to present to Council in September.
J. WRITTEN COMMUNICATION
K. PUBLIC HEARINGS
12. CITY BUDGET (file 410-02)
Complete deliberations on the 1998/99 Capital Improvement Budget.
The list of projects for potential fund transfers to the Nave Gardens and Elm Drive projects as presented in the attachments were discussed in great detail. The Council acknowledged that there was not a way without another street improvement bond measure or reexamination of the Council's Goals and Projects to fund these projects.
The Community Development Director stated that the street crews respond immediately to do remedial work.
Councilmember Murray suggested that a thorough study be done of all the properties the City no longer needs and the Council consider whether to sell these properties to help fund projects. Mayor Pro Tem Di Giorgio agreed. Staff responded that such a list was done.
After a brief discussion of previous actions, the Assistant City Manager stated that staff will complete the drafting of the budget resolution, which will come back for Council adoption on June 30, 1998.
13. BLACK POINT GOLF LINKS PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE MAP (PD 97-008 AND SB 97-004) (file 201-10) (Resolutions 89-98 and 90-98)
Consider a Precise Development Plan (Resolution 89-98) and Vesting Tentative Map (Resolution 90-98) for the Black Point Golf Links Residential and Golf Community to allow development of 53 single-family homes, an 18-hole championship golf course, and a clubhouse facility on 174.8 acres of the 238.5-acre site. The remaining 63.7 acres are owned by the American Land Conservancy and will be used as a wildlife preserve.
The Community Development Director stated that the last major entitlement for the Black Point project was approved by the voters on February 24, 1998 with Measures A and B for the Master Plan.
Senior Planner Richardson in her staff report gave the project history and illustrated the layout of the project, golf links, and clubhouse. She corrected several typos throughout the vesting tentative map resolution.
The City Attorney responded to Mayor Dillon-Knutson during the meeting that he will do a little research regarding whether the community can be gated and respond to her questions later.
Senior Planner Richardson responded to Councilmember Henderson that the disabled parking will be as close to the front door of the clubhouse as possible. The disabled parking ratio will be based on the total amount of parking available in the two parking areas.
The public hearing was opened.
Vince Mulroy, representing Black Point Partners, stated that he had nothing to add to the fine staff report that was given by staff. He referred to the potential of the City collecting affordable housing fees, as stated in Condition 57 of the Master Plan. They object to that as the City has not yet adopted an affordable housing ordinance. Affordable housing is a community-wide problem and should not be disproportionately borne by the new home buyers. They are providing market rate housing, thereby allowing people to move up and leave their homes for other home buyers. They had hoped to utilize the City's density bonus concept when they started this project back in 1994, by providing two affordable units on site, but that turned out not to be an option because of the cap at 53 units. Their attorney believes that legally the City cannot impose the fee because the ordinance was not enacted when the Master Plan ordinance was approved in February. Since they wanted to contribute to the solution of the community-wide problem of affordable housing, he introduced Clark Blasdell to give their proposal.
Clark Blasdell, President of Northbay Ecumenical Housing, discussed the CASA loan program as a possibility for Black Point Partners participation to help provide affordable housing. He referred to two families who live and work in Novato who are looking for loans and are first-time home buyers.
Vince Mulroy responded to Councilmember Eklund that they are proposing to loan a total of $50,000 for these two families immediately and when the loans turn over, the money would revert to the Black Point Partners. There is no interest on the loan, but a sharing of equity upon the turnover of the loan.
The public hearing was closed.
Councilmember Eklund moved, seconded by Mayor Pro Tem Di Giorgio, to adopt the resolution approving the precise development plan.
The City Manager clarified that it is the City's opinion that the affordable housing fee could be required as part of the precise development plan and perhaps also the vesting tentative map. The City is in the process of developing an affordable housing fee ordinance. It is up to the Council whether to impose the fee on project and it could be as much as $294,000 based on the recommendations coming forth to the Council. He clarified to Councilmember Eklund that the language in the Master Plan approved by the voters left the affordable housing fee question to the Council. He further responded that the building permits will probably be issued next building season. The affordable housing fee ordinance will be considered by the Council soon.
Mayor Pro Tem Di Giorgio remembered the debate during the General Plan hearings, noting that the affordable housing fee was to be a maximum of 15 percent. He was not sure that the fee ordinance would be approved at the maximum level. He believed that something for affordable housing should be received from this project that would be useable again and should be collected now, rather than two or three years later. Councilmember Eklund agreed. Mayor Pro Tem Di Giorgio clarified that if the fee is not returned to the CASA program, it should be returned to the City's Housing & Services Commission for control.
Councilmember Murray stated that she was concerned about the fairness issue and questioned whether this was a precedent. The Community Development Director responded that the City has done this for three other projects. Senior Planner Richardson noted that the difference between Black Point and the other projects is that Black Point's vesting tentative map was deemed complete last September.
The City Attorney responded to the City Manager that Council could deem when would be the appropriate time to collect the fee. He responded to Councilmember Murray that the Brookside developer has reserved the right to challenge the affordable housing fee if imposed on Brookside. The Black Point project attorney has argued that the ordinance does not apply if the vesting tentative map application was deemed complete at a time when no affordable housing ordinance was approved. However, this has not been tested in court. He read a portion of the Map Act, Section 66498.1(b): "that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Section 66474.2;" Section 66418.1: "Development means the uses to which the land which is the subject of the map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto:" and a portion of Section 66474.2(b)(2): "Subdivision (a) shall not apply to a local agency which, before it has determined an application for a tentative map to be completed has initiated and published notices regarding proceedings to adopt fees, in which case it may apply any ordinances, policies or standards enacted are instituted as a result of these proceedings which are in effect on the date the local agency approves or disapproves the tentative map." At the time the application is deemed complete, the new law resulting from these proceedings can be applied.
After discussion, Councilmember Eklund recommended requiring $50,000 at the building permit stage on a pro-rata per house that would go into the City's affordable housing fund.
Discussion followed that the actual fee in the affordable housing ordinance was not yet known and that the amount being discussed was too high.
Mayor Dillon-Knutson stated that the Council would be subject to a great deal of criticism unless they impose the fee. However, she acknowledged the fairness issue.
Councilmember Murray moved, seconded by Mayor Pro Tem Di Giorgio, to amend the main motion to impose $1,000 per home upon the issuance of the building permit to be deposited in the City's Affordable Housing Fund.
Councilmember Eklund stated that $1,000 per unit was not high enough and recommended $3,000 per unit. The City Manager advised that normally the impact fee would be collected at the time of occupancy. Perhaps something less could be collected at the issuance of the building permit.
Vince Mulroy responded that $3,000 per unit would not be equitable, as they have gone through eight years and enormous sacrifice. This fee was not on the table when they made all the compromises for the project. He referred to the letter from the Brookside developer that they would challenge any fee that the City enacted and tried to collect on their project.
Councilmember Eklund questioned on whether they could agree to collect at the point the building permits are issued. Vince Mulroy responded "Yes."
Councilmember Henderson stated that he would like to have the $50,000 to help the two families that were discussed earlier, as these are people living and working in Novato. He also wanted the amount to be permanent. When the loans turn over, the money should come back to the City's affordable housing fund. He responded to Mayor Dillon-Knutson that he would rather have the $50,000 now than $159,000 when the building permits are issued. Councilmember Eklund agreed.
Councilmember Murray stated that there were far more than two families that needed assistance. The money should be leveraged. She recommended requiring $53,000 and leveraging via Hamilton. This would be a better use of the money.
Mayor Pro Tem Di Giorgio stated that he could go either way, but there was something to be said for having the money now.
Clark Blasdell responded to Councilmember Henderson that most of the CASA loans turn over in an average of three to five years.
A discussion ensued as to whether the Council was authorized to add to the agenda and move into closed session for a discussion concerning its legal liabilities vis-a-vis the Brookside project resulting from its handling of the affordable housing ordinance/fee as to the Black Point project. The City Attorney reported that Brookside had threatened to sue the City if the City imposed the affordable housing ordinance on the Brookside development, raising essentially the same arguments which the Black Point attorneys have raised. The City Attorney also indicated that the City and Brookside had agreed to reserve this issue for future litigation and resolution, and that, therefore, the dispute remained unresolved between the City and Brookside. The City Attorney also stated that how the Council resolved the affordable housing ordinance's potential fee obligations with respect to the Black Point project may have precedence and may affect the strength of the City's position in its ongoing dispute with Brookside. The City Attorney concluded that under these circumstances, the Council was authorized to move into closed session. The particular Government Code section authorizing the closed session is Section 54956.9(b). In addition, because the Black Point project approvals were noticed and set for hearing before the Council for resolution on this date there existed a need to take immediate action and because the need to address the affordable housing ordinance's implications on the Brookside development arose since the posting of the agenda, it was, in the City Attorney's view, lawful for the Council to add this matter to the agenda upon the requisite two-thirds vote.
Councilmember Eklund moved, seconded by Mayor Dillon-Knutson, to add a closed session item to the agenda due to the threat of litigation regarding the Brookside project as they do not want to pay an affordable housing fee and this project could set a precedent.
The City Manager noted the issues raised by the applicant include the initiative and vesting tentative map that were approved before the affordable housing ordinance has been adopted and the development agreement for the Brookside project.
The motion carried unanimously.
At the request of the attorney representing the case in Item 14, Councilmember Murray moved, seconded by Councilmember Eklund, to continue Item 14 to July 14 and place the item under Unfinished Business. The motion carried unanimously.
Mayor Dillon-Knutson moved, seconded by Councilmember Eklund, to recess and go into closed session. The motion carried unanimously.
Council went into closed session at 11:03 p.m. for ten minutes.
The City Attorney announced that the Council met in closed session for the item that was placed on the agenda and no action was taken that needed to be reported.
Councilmember Eklund stated that she was concerned about waiting until the building permits were issued, as this could be a span of over five years.
Vince Mulroy assured Council that he had a waiting list that exceeded the number of lots available.
The City Manager suggested another option of collecting upon the sale of the lots. Vince Mulroy responded that it depended upon the amount, but that he agreed in concept.
Councilmember Murray moved, seconded by Mayor Pro Tem Di Giorgio, to propose a substitute motion to the amendment to the main motion that $1,000 be collected upon sale of the lots as the applicant's contribution to the City's Affordable Housing Fund. The amendment to the main motion carried unanimously.
The main motion as amended carried unanimously.
Councilmember Eklund moved, seconded by Mayor Pro Tem Di Giorgio, to adopt the resolution approving the vesting tentative map with the corrections provided by Senior Planner Richardson. The motion carried unanimously.
The City Attorney responded regarding gating any streets in the project that the vehicle code does not authorize the Council to preclude gating on private streets. The private property owners who own the street can install gates but they forfeit the right to have their streets patrolled by the Police Department. The private street, however, can be petitioned to become a public street for the purposes of police patrol.
L. GENERAL BUSINESS
14. ADMINISTRATIVE LAW JUDGE'S DECISION RE: APPEAL OF POLICE OFFICER
Consider the proposed decision of the Administrative Law Judge in the discipline case of Donnellan v. City of Novato, and determine to ratify, modify or reverse that decision.
(This item was continued to July 14, 1998.)
15. COMMUNITY BANNERS PROGRAM POLICY (file 1401-01)
Consider approving a Community Banners Program Policy.
Senior Management Analyst Goldfinger, in her brief staff report, advised that the Parks & Recreation Commission unanimously approved the policy.
Councilmember Eklund questioned whether groups such as the Chamber of Commerce, Farmers Market, and Rotary would be considered "community based groups" as referenced in the policy.
The City Attorney stated that once a class is created, anyone who is in that class has a right to use the banner poles.
Councilmember Eklund suggested that they use Novato-based community and civic groups so that the groups she mentioned could use the poles.
The City Manager advised the poles should not be available to for-profit groups.
Mayor Dillon-Knutson questioned whether there would be an oversight committee to help with any scheduling conflicts.
The City Manager advised that the policy calls for first-come, first-served rule. Mayor Pro Tem Di Giorgio agreed that that was best.
Senior Management Analyst Goldfinger responded to Councilmember Murray that they had envisioned that the Farmers Market would be grandfathered and would not be excluded.
The City Manager reiterated that the policy should be clear that it is not-for-profit and non-political.
The City Attorney advised that it was very difficult to define "not-for-profit" and questioned whether an attestation to that fact would be sufficient. He also questioned how non-commercial would be defined.
The City Manager recommended that the event either be City-sponsored or one of key local non-profits sponsored. The City Attorney referred to Section IIA. and the City Manager suggested adding "not-for-profit" to that section.
Councilmember Eklund wanted to expand to include Civic Groups.
The City Manager responded to Councilmember Eklund that two events could be advertised on the same banner as long as the wording could be read by motorists without causing accidents.
The City Attorney responded that he wanted to further consider the issue regarding non-profits.
Councilmember Eklund requested that the hold harmless section of the application should be accompanied by guidelines.
Senior Management Analyst Goldfinger responded to Councilmember Eklund that the application was clear that there were no refunds.
After discussion regarding that it was unknown as to what the fees would be because the City has not yet contracted with a provider, Councilmember Eklund moved, seconded by Councilmember Henderson, to continue the item to allow the City Attorney more time to fine-tune the policy and have it come back to the Council for consideration as soon as possible. The motion carried unanimously.
16. HAMILTON FIELD REDEVELOPMENT PLAN (file 904-06)
Consider adopting Resolution 91-98 and 92-98 adopting findings in response to written objections to the adoption of the Hamilton Field Redevelopment Plan; adopting resolution making finding on use of the 20% housing set-aside fund outside project area to benefit project; and introducing Ordinance 1394 approving and adopting the Hamilton Field Redevelopment Plan for the Hamilton Field Redevelopment Project.
Mayor Pro Tem Di Giorgio recused himself for a perception of conflict of interest as he owns a business within 2,500 feet of the proposed Redevelopment Project Area at Hamilton.
After the Mayor announced the purpose of the agenda item, and that any testimony will not be considered a part of the public hearing record on the adoption of the Redevelopment Plan, Special Counsel Coomes advised that the testimony and responses received during the Redevelopment agenda item could be stipulated and determined to be received by the City Council as well and incorporated into their record.
The public comment session was opened.
Mark Reisenfeld, Director of Community Development for the County of Marin, representing the Board of Supervisors, stated that certainly all the comments that he made previously during the Redevelopment Agency item could be brought forward to this item. He reiterated his previous remarks to the Agency regarding their $37 million deficit of potential tax increment revenues and their opposition to the 20 percent set aside funds being used outside the project area.
Gail Meyers, 2 Carmel Drive, questioned whether the ordinance was included in the last packet. She said she would do a referendum on the ordinance. She stated that it has just occurred to her that a part of the 20 percent set aside will probably be used for senior housing in that New Hamilton Partnership Project. She questioned why that was being done. This should be on the ballot because it is over $1 million in value and therefore subject to the Long Term Obligation Initiative adopted by the voters in 1987.
The City Manager responded to the Council that the ordinance was part of the documentation for the June 9, 1998 hearing and was also available for tonight's meeting. With regard to the 20 percent housing set aside, he reiterated that this is not a determination but an authorization, that there is a general benefit to the project area by providing for affordable housing than other than just the affordable housing area. The specific determination is yet to be considered by the Council and the Redevelopment Agency. The New Hamilton Partnership's senior housing project has a requirement for the inclusion of affordable units, however, there is no obligation for those units to be a very low or low-rate units and could all be moderate units which are fairly close to the market rate. He reiterated his previous comments to the Redevelopment Agency on Education Revenue Augmentation Fund (ERAF). He stated again that for the record, that it is the opinion of the City's highly experienced team of consultants and staff that any appreciable challenge or delay to the Redevelopment project will result in the inability to proceed with the Reuse Plan as contemplated and most specifically with the affordable housing program because the City will not be able to proceed with the acquisition of the Navy property and the recruitment of a master developer. However, the team feels very strongly by every definition of the law that the Redevelopment Project Area can be defended as Hamilton is a blighted area in terms of its ugliness, infrastructure, its drainage, and its building construction. The record is clear that Hamilton does require Redevelopment to overcome these financial implications. The County knows that when they have a substantial amount of affordable housing in a project, it requires Redevelopment and did exactly that at Marin City with many of the same justifications the City included. It is the high value of real estate in Marin County that creates the dilemma.
The public comment period was closed.
After the City Clerk read the title of the resolution, Councilmember Eklund moved, seconded by Councilmember Henderson, to adopt a resolution adopting findings in response to written objections to the adoption of the Redevelopment Plan for the Hamilton Field - Redevelopment project. The motion carried 4-0-1 with Mayor Pro Tem Di Giorgio abstaining.
After the City Clerk read the title of the resolution, Councilmember Henderson moved, seconded by Councilmember Eklund, to adopt a resolution of the City Council of the City of Novato finding that the use of taxes allocated from the Hamilton Field Redevelopment Project for the purpose of increasing, improving, and preserving the community's supply of low- and moderate-income housing outside the project area will be of benefit to the project. The motion carried 4-0-1 with Mayor Pro Tem Di Giorgio abstaining.
After the City Clerk read the title of the ordinance Councilmember Murray moved, seconded by Councilmember Henderson, to dispense with and waive further reading of an ordinance of the City of Novato approving and adopting the Hamilton Field Redevelopment Plan for the Hamilton Field Redevelopment Project. The motion carried 4-0-1 with Mayor Pro Tem Di Giorgio abstaining.
Councilmember Henderson moved, seconded by Councilmember Eklund, to introduce the ordinance for the first reading. By roll call vote, the motion carried 4-0-1 with Mayor Pro Tem Di Giorgio abstaining.
Special Counsel Coomes stated that the ordinance will be on the July 14 agenda for the second reading.
A ten-minute recess was taken at 9:07 p.m.
17. APPOINT MEMBERS TO THE PARKS & RECREATION COMMISSION AND MARIN COMMISSION ON AGING
Councilmember Eklund moved, seconded by Councilmember Murray, to appoint Ethan Rotman to the Parks & Recreation Commission. The motion carried unanimously.
Mayor Pro Tem Di Giorgio moved, seconded by Councilmember Eklund, to reappoint John Reuscher and Bradford Beedle to the Parks & Recreation Commission and Dr. Roberta Romeo to the Marin Commission on Aging. The motion carried unanimously.
M. ADJOURNMENT
The meeting was adjourned at 12:13 a.m., the meeting was adjourned to June 30 in memory of Susan Yoachum, ex-reporter for the Independent Journal and political reporter for the San Francisco Chronicle.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council on the 14th day of July, 1998.
____________________________
Shirley Gremmels, City Clerk