City Council Closed Session at 5pm - Open Session begins at 6pm
- Date: 09/26/2017 6:00 PM
- Location: Novato City Hall
901 Sherman Ave
Novato, California 94945
September 26, 2017
The City Council welcomes you to attend its meetings which are regularly scheduled on most Tuesdays at 6:00 p.m. Please check the Calendar at www.novato.org for exact dates. Your interest is encouraged and appreciated. For information about Public Comment periods and protocols, please see the reverse side of this page. Agendas and supporting materials are available on the Council’s website listed above, and are available for public review at the following location:
City Offices: 922 Machin Avenue, Monday through Thursday from 9:00 a.m. to 5:00p.m.
The agenda is divided into three main sections, and includes other categories covering routine business. All references to “City Council” include those other agencies which may be listed at the top of the Agenda. The City Council may discuss and/or take action on any or all of the items listed on the agenda.
CONSENT CALENDAR: All matters listed on the Consent Calendar are considered to be routine and will be enacted by a single vote of the Council. There will be no separate discussion unless specific items are removed from the Consent Calendar for separate discussion and action. Any Councilmember may remove an item from the Consent Calendar and place it under General Business for discussion.
GENERAL BUSINESS: These items include significant and administrative actions of special interest and will usually include a staff presentation and discussion by the Council. They will be acted upon by a separate vote.
PUBLIC HEARINGS: Public Hearings are announced and advertised in advance to allow interested persons to make comments for, against, or otherwise, regarding a proposed project or decision. Anyone who challenges any hearing matter in court may be limited to only those issues raised at the public hearing described herein, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
ADDENDUM: If urgent matters arise after the publication of the regular agenda, there will be an addendum. It will be posted at the above referenced locations by Friday at 5:00 p.m. the week before the meeting.
SUPPLEMENTAL MATERIALS: Materials that are submitted to members of the City Council after the agenda packet has been distributed are available for public inspection in the City Clerk's Office, located at 922 Machin Avenue, during normal business hours. Such materials shall also be made available on the City of Novato website at www.novato.org, when practical and provided that City staff is able to post those documents prior to the meeting. A binder is available for the public at the meeting to view any distributed materials. Also, when non-confidential written materials are distributed to members of the City Council during a public meeting by staff or a member of the City Council, copies shall be made available to members of the public following that meeting.
DISABLED ACCOMMODATION: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (415) 899-8900. Notification at least 48 hours prior to the meeting will enable the City to make reasonable accommodation to help insure accessibility to this meeting.
APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.
PUBLIC COMMENT: All members of the public wishing to address the City Council are requested to submit a speaker card in advance to the City Clerk. The Mayor will call the names of speakers from the cards. In addition to receiving comment from the public during the Public Comment period, the Mayor will recognize persons from the audience who wish to address the City Council on a particular agenda item, at the time that item is considered by the City Council. There is a three minute time limit to speak although the Mayor may shorten the time based on the number of speakers. A speaker may not yield his or her time to another speaker. For issues raised during Public Comments that are not on the published agenda, no action can legally be taken. The City Council may direct that the item be referred to the City Manager for action or may schedule the item on a subsequent agenda.
The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period, if the subject raised is not within the subject matter jurisdiction of the City Council, or during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.
The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed from the room. All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak.
922 Machin Avenue
Novato, California 94945
NOVATO CITY COUNCIL
to be held at
CITY ADMINISTRATIVE OFFICES
BAGET CONFERENCE ROOM
922 MACHIN AVENUE
September 26, 2017
CLOSED SESSION A G E N D A
A. CALL TO ORDER
1. Public Comment
B. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case:
RICK R. TUCKER, Plaintiff, v. SHALEE CUNNINGHAM, an individual; DONALD SCIOLI, an individual; NOVATO PUBLIC ACCESS TELEVISION, INC. aka "NPAT," a corporation; NOVATO UNIFIED SCHOOL DISTRICT, a public entity; CITY OF NOVATO, a public entity; DOES 1 through 50, inclusive, Defendants.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN
Case No.: CIV 1401954
NOVATO CITY COUNCIL
to be held at
NOVATO CITY HALL
COUNCIL CHAMBER - 901 SHERMAN AVENUE
Tuesday, September 26, 2017
A G E N D A
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
1. Possible report out regarding Closed Session Item
C. CEREMONIAL MATTERS/PRESENTATIONS
1. Proclamation: Recognizing the Novato High School Varsity Girls Lacrosse Team & Coach Rory Daily
2. Presentation: Marin Museum of Contemporary Art
D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READINGOF ORDINANCES AND NOTICES OF INTENT
6:30 P.M. (Time is approximate)
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
Each Council member and the City Manager have three (3) minutes each to report on any item regarding conferences or meetings, or his/her activities as needed.
6:40 P.M. (Time is approximate)
F. PUBLIC COMMENTS
This comment session is for items not on the agenda or for items listed on the Consent Calendar. See agenda cover page for information about Public Comment periods and associated protocol.
6:50 P.M. (Time is approximate)
G. CONSENT CALENDAR
Review and approve the City of Novato investment policy.
Authorize the City Manager to amend a consultant services agreement with Rincon Consultants to include an analysis of proposed amendments to the Novato Industrial Park Master/Precise Development Plan in the environmental impact report (EIR) for the draft Novato General Plan 2035.
Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Measure A Group 8 & 9 Contract 2 Pavement Rehabilitation CIP projects No. 16-001 & 17-001.
Authorize the City Manager to execute an amendment to the Consultant Services Agreement (CSA) #4682 with GHD, Inc. for engineering design services for the Grant Avenue Bridge Rehabilitation (CIP Project Number 09-003).
6. VIA RESOLUTION, PURCHASE OF AXON ENTERPRISE BODY WORN AND MOBILE AUDIO VIDEO CAMERA TECHNOLOGY PACKAGE AND AMEND BUDGET RESOLUTION #2017-39 TO REVISE BUDGET APPROPRIATIONS AND USE OF FUNDS AS NEEDED
Adopt a resolution authorizing the Police Department to purchase a body worn and mobile audio video camera technology package; authorizing the City Manager to sign the purchase order, service agreement, and other related documents associated with this purchase; and amending Budget Resolution #2017-39 to revise budget appropriations and use of funds as needed.
7. ACCEPT A $500,000 ONE BAY AREA GRANT FOR THE DOWNTOWN SMART PHASE III PROJECT BY ADOPTING A STANDARD METROPOLITAN TRANSPORTATION COMMISSION RESOLUTION OF SUPPORT FOR THE DOWNTOWN SMART STATION PHASE III PROJECT TO PROGRAM THE PROJECT INTO THE FEDERAL TRANSPORTATION IMPROVEMENT PLAN
Accept a $500,000 One Bay Area (OBAG) Grant for the Downtown SMART Station Phase III Project by adopting a Standard Metropolitan Transportation Commission Resolution of Support for the Downtown SMART Phase III Project to program the project into the Federal Transportation Improvement Plan (FTIP).
8. ADOPT A RESOLUTION TO SUBMIT TO THE METROPOLITAN TRANSPORTATION COMMISSION A LIST OF CURRENT CAPITAL IMPROVEMENT PROJECTS THAT ARE ELIGIBLE FOR NEW ROADWAY MAINTENANCE AND REHABILITATION ACCOUNT GAS EXCISE TAX FUNDING FOR FISCAL YEAR 2018/19
Adopt a resolution authorizing staff to submit to the Metropolitan Transportation Commission a list of current Capital Improvement Projects that are eligible for new Roadway Maintenance and Rehabilitation Account (RMRA) gas excise tax funding for Fiscal Year 2018/19.
Adopt a resolution appointing Assistant City Manager Michael Antwine as City Treasurer.
10. TERMINATE EXISTING CONSULTING SERVICE AGREEMENT WITH CARDUCCI & ASSOCIATES INC. AND ENTER INTO AN INTERIM CONSULTANT SERVICE AGREEMENT WITH CARDUCCI & ASSOCIATES INC. FOR THE HILL RECREATION AREA / MARGARET TODD SENIOR CENTER MASTER PLAN AND DESIGN; CIP PROJECT NO. 01-005
1. Authorize the City Manager to terminate existing Consultant Service Agreement with Carducci & Associates Inc. for master planning and design of the Hill Recreation Area Project, CIP Project No. 01-005, and
2. Authorize the City Manager to enter into an Interim Consultant Service Agreement with Carducci & Associates Inc. for Design / Support Services to GHD, Inc., for the environmental documentation of the Hill Recreation Area Project, CIP Project No. 01-005. This Interim Agreement is not-to-exceed $22,550. ($20,500 + $2,050 contingency).
11. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO:
- TERMINATE THE EXISTING CONTRACT BETWEEN THE CITY OF NOVATO AND BRENEMAN, INC. FOR CONSTRUCTION OF THE BAHIA MINI PARKS CIP PROJECT #15-004,
- EXECUTE A THREE-PARTY TENDER AGREEMENT WITH MCNABB CONSTRUCTION AND AMERICAN CONTRACTORS INDEMNITY COMPANY, AND
- EXECUTE A STANDARD CONSTRUCTION CONTRACT WITH MCNABB CONSTRUCTION TO COMPLETE THE REMAINING WORK ON THE BAHIA MINI PARKS CIP PROJECT #15-004
Adopt a resolution authorizing the City Manager to:
• Terminate the existing contract between the City Of Novato and Breneman, Inc. for construction of the Bahia Mini Parks CIP Project #15-004,
• Execute a three-party tender agreement with McNabb Construction and American Contractors Indemnity Company, and
• Execute a standard construction contract with McNabb Construction to complete the remaining work on the Bahia Mini Parks CIP Project #15-004.
12. ADOPTION OF AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3)
ADOPTION OF AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3)
H. UNFINISHED AND OTHER BUSINESS
No items are listed for this section.
7:10 P.M. (Time is approximate)
I. PUBLIC HEARINGS
13. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO AMENDING NOVATO MUNICIPAL CODE CHAPTER XVIII ENTITLED "TRAFFIC", TO ADD RESTRICTIONS ON PARKING, STOPPING, AND STANDING OF RECREATIONAL VEHICLES
Hold a Public Hearing and introduce an ordinance amending Chapter 18 of the Novato Municipal Code that restricts Recreational Vehicles from parking, stopping, and standing on the streets of Novato.
14. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE TO ADD NEW SECTION 7-10 SHOPPING CART CONTAINMENT AND RETRIEVAL, TO RELOCATE SECTION 1-7 GRAFFITI PREVENTION AND ABATEMENT TO NEW SECTION 7-9 AND AN AMENDMENT TO CHAPTER 19 OF THE MUNICIPAL CODE TO MODIFY TABLE 2-7 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS TO REMOVE REQUIREMENT FOR GROCERY STORES TO OBTAIN A USE PERMIT TO PROVIDE SHOPPING CARTS, ESTABLISHING A FEE FOR ADMINISTRATIVE COSTS FOR CITY RETRIEVAL AND DISPOSAL OF ABANDONED SHOPPING CARTS 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)
Hold a public hearing and introduce an ordinance amending the Novato Municipal Code to add new Section 7-9 (Shopping Cart Containment and Retrieval), relocate existing Section 1-7 (Graffiti Prevention and Abatement) to new Section 7-9, and modify Table 2-7 of the Zoning Code to remove a requirement for grocery stores to obtain a Use Permit to provide shopping carts, establishing a fee for administrative costs for City retrieval and disposal of abandoned shopping carts 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).
7:40 P.M. (Time is approximate)
J. GENERAL BUSINESS
Approve an operating budget amendment in the amount of $100,000 from unallocated Measure F funds for needed property maintenance costs at the Lieb Property.
Provide staff direction on a planning process for the renovation and reuse of the historic train depot and City-owned Depot Lot in Downtown Novato.
Review the upcoming significant City Council agenda items for the period of October 1, 2017 through December 31, 2017, and review and take action on the following Proposed Agenda Items from Councilmembers.
a. Proposed Agenda Item from Councilmember Eklund: Discuss and take action to reduce MarinMOCA's payments to the City of Novato for space occupied at the Hamilton Art Center or assist in increasing their annual revenue by any of the following and/or other options:
1. Reduce the current space rent paid by MarinMOCA at the Hamilton Art Center.
2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc...)
3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios.
b. Proposed Agenda Item from Councilmember Eklund: "Discuss and take action on changing our policies and procedures for closed sessions" including, but not limited to: a) whether closed sessions should be recorded; b) what issues to be discussed in closed sessions; c) whether the City Council should adopt policies that are stricter than the Brown Act for the purposes of holding a closed session; d) who approves placing items on closed sessions; and, e) any other issues related to closed sessions that may come up in the discussion.
On January 12, 2016, the City Council approved discussing and taking action on changing our policies and procedures for closed sessions. As of today, this agenda item has yet to be scheduled. Proposed date to be placed on the City Council Agenda: October 24, 2017
c. Proposed Agenda Item from Councilmember Drew: "I propose that the current copy of the Council Agenda Schedule that the staff is using be emailed to council members at the same time the agenda is posted. This Council Agenda Schedule could be marked DRAFT as well as being labeled "Internal Planning Document – Subject to Change – Not for Distribution".
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS
This section is used by the City Council to make appointments to fill vacancy/vacancies on their Commissions, Committees and Boards.
No items are listed for this section.
L. WORK STUDY SESSION
No items are listed for this section.
9:00 P.M. (Time is approximate.)
AFFIDAVIT OF POSTING
I, Terrie Gillen, certify that on September 21, 2017, I caused to be posted the agenda of the open and closed sessions of the September 26, 2017 meeting of the City Council of the City of Novato, California, on the City Community Service Board in the Police Department and on the City's website at www.novato.org.
/Terrie Gillen /
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