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Council Meeting

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October 24, 2017

 

Novato City Hall Council Chamber Denise Athas Mayor
901 Sherman Avenue Josh Fryday Mayor Pro Tem
Novato, CA 94945 Pam Drew Councilmember
Phone: (415) 899-8900 Pat Eklund Councilmember
Fax: (415) 899-8213 Eric Lucan Councilmember
Website: www.novato.org Regan M. Candelario City Manager
Terrie Gillen City Clerk
Jeffrey A. Walter City Attorney

 

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.

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CITY COUNCIL
922 Machin Avenue
Novato, California 94945
415.899.8900 main
415.899.8213 fax
www.novato.org
City Logo
 
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NOVATO CITY COUNCIL MEETING

to be held at

NOVATO CITY HALL
COUNCIL CHAMBER
901 SHERMAN AVENUE

October 24, 2017
6:00 P.M.

A G E N D A

 

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

 

B. CLOSED SESSION ANNOUNCEMENT

No closed session is scheduled.

 

C. CEREMONIAL MATTERS / PRESENTATIONS

Proclamation: North Bay Science Discovery Day

Proclamation: Recognition of Lori Simpkins

Presentation: Introduction of New Employees

Presentation: Update on North Bay Fires

 

D. APPROVAL OF THE FINAL AGENDA

 

6:40 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.

 

7:00 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.

 

7:15 P.M. (Time is approximate.)
G. CONSENT CALENDAR

1. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION OF ORDINANCES BY TITLE ONLY

This is a standard procedural action to waive any first reading of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety, only the ordinance's title.


2. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF JULY 25, 2017


3. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 12, 2017


4. APPROVE CITY COUNCIL CLOSED SESSION MEETING MINUTES OF SEPTEMBER 12, 2017


5. APPROVE CITY COUNCIL WORKSHOP MEETING MINUTES OF SEPTEMBER 19, 2017


6. APPROVE CITY COUNCIL CLOSED SESSION MEETING MINUTES OF SEPTEMBER 26, 2017


7. APPROVE THE MASTER SUBSCRIPTION AGREEMENT AND SERVICE LEVEL AGREEMENT WITH GRANICUS INC. IN THE AMOUNT OF $113,315.45 FOR UPGRADED SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME


8. ADOPT AN ORDINANCE AMENDING CHAPTER 1 OF THE MUNICIPAL CODE TO ADD NEW SECTION 1-7 (ADMINISTRATIVE CITATION AND PENALTY) TO CREATE CITATION AUTHORITY FOR ENFORCEMENT OF CODE VIOLATIONS AND AMENDING SECTION 1-2 (DEFINITIONS)


9. AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH WHITLOCK & WEINBERGER TRANSPORTATION, INC. TO INCREASE THE TOTAL COMPENSATION BY $20,000 FOR A TOTAL AMOUNT OF $65,000 TO PROVIDE TRAFFIC ENGINEERING SERVICES


10. ADOPT A RESOLUTION TO PROVIDE PAID TIME OFF ("DISASTER LEAVE") FOR ELIGIBLE EMPLOYEES WHO WERE DIRECTLY IMPACTED BY THE NORTH BAY FIRES

 

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

 

7:20 P.M. (Time is approximate.)
I. PUBLIC HEARINGS

11. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION 14-16 OF THE NOVATO MUNICIPAL CODE TO CHANGE THE TITLE THEREOF, ADDING REGULATIONS ADDRESSING CONTROLLED SUBSTANCES AND/OR MARIJUANA, AMENDING DEFINITIONS, AND ADDING SPECIFIC PENALTY AND FINE PROVISIONS (SOCIAL HOST ORDINANCE)


12. MORATORIA ON CANNABIS ACTIVITIES:

HOLD A PUBLIC HEARING AND CONSIDER ADOPTING AN INTERIM ORDINANCE EXTENDING FOR ONE YEAR A MORATORIUM ON THE OUTDOOR CULTIVATION OF NONMEDICINAL CANNABIS, APPROVE A REPORT ON THE STEPS TAKEN TO ALLEVIATE CONDITIONS LEADING TO ADOPTION OF THE MORATORIUM, AND MAKE FINDINGS THAT SAID ADOPTION IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS.

HOLD A PUBLIC HEARING AND CONSIDER ADOPTING AN INTERIM ORDINANCE EXTENDING FOR ONE YEAR A MORATORIUM ON THE INDOOR CULTIVATION OF NONMEDICINAL CANNABIS, EXCEPT UNDER CERTAIN CIRCUMSTANCES, APPROVE A REPORT ON THE STEPS TAKEN TO ALLEVIATE CONDITIONS LEADING TO ADOPTION OF THE MORATORIUM AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS.


13. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE MODIFYING THE RADAR ENFORCEABLE SPEED LIMIT FROM 45 MPH TO 40 MPH IN BOTH DIRECTIONS ALONG THE SEGMENT OF NOVATO BOULEVARD BETWEEN THE WEST CITY LIMIT AND THE REAR PARKING LOT OF SAN MARIN HIGH SCHOOL, AND FINDING THE MODIFICATION EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (b)(3)


14. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO THE PACHECO MEADOWS OPEN SPACE EASEMENT TO PERMIT PUBLIC ACCESS AND THE CONSTRUCTION OF TRAILS BY THE COUNTY OF MARIN; DIRECTING THE CITY MANAGER TO EXECUTE THE REVISED EASEMENT AND TAKE ALL SUCH ACTION NECESSARY TO EFFECTUATE THE RECORDATION THEREOF; AND FINDING THAT THE APPROVAL THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)


15. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS APPROVING AMENDMENTS TO THE DOWNTOWN NOVATO SPECIFIC PLAN TO ALLOW FREESTANDING SIGNS ON PROPERTIES ZONED PLANNED DISTRICT IN THE DOWNTOWN NOVATO SPECIFIC PLAN AREA, AMENDING THE WOODSIDE OFFICE CENTER PRECISE DEVELOPMENT PLAN TO CONDITIONALLY PERMIT TWO FREESTANDING SIGNS TO BE PLACED AT THE OFFICE CENTER, AND MAKING FINDINGS THAT THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) & 15311


16. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 19 OF THE NOVATO MUNICIPAL CODE TO CLARIFY APPLICATIONS SUBJECT TO DESIGN REVIEW, CLARIFY DESIGN REVIEW AUTHORITY, INCREASE THE RADIUS FOR MAILED PUBLIC NOTICES AND REQUIRE THE POSTING OF AN ON-SITE NOTIFICATION SIGN FOR CERTAIN APPLICATION TYPES, AND FINDING THAT THE ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3)

 

10:00 P.M. (Time is approximate.)
J. GENERAL BUSINESS

17. RECEIVE A REPORT AND APPROVE PROPOSED PUBLIC ENGAGEMENT POLICIES AND PRACTICES FOR THE PUBLIC WORKS DEPARTMENT FOR CITY FUNDED CAPITAL IMPROVEMENT PROJECTS


18. CONSIDER ADOPTING A RESOLUTION REVISING THE MISSION, ROLES, AND RESPONSIBILITIES OF THE EXISTING ECONOMIC DEVELOPMENT ADVISORY COMMISSION TO INCREASE MEMBERSHIP FROM FIVE TO SEVEN AND MAKE OTHER MISCELLANEOUS CHANGES TO THE ESTABLISHED DUTIES OF THIS COMMITTEE TO MORE ACCURATELY REFLECT THEIR FUNCTIONAL ROLE


19. RECEIVE AND FILE THE REPORT REGARDING THE REVENUE AND EXPENDITURES OF THE CITY'S GENERAL FUND FOR THE 1ST QUARTER OF FISCAL YEAR 2017-2018


ITEM 20 WILL BE TAKEN UP WITH ITEM I-12:

20. CONSIDER ADOPTING AN INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON THE OUTDOOR AND INDOOR CULTIVATION OF MEDICINAL CANNABIS, EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ALL COMMERCIAL CANNABIS ACTIVITIES, AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS.

 

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.

 

L. WORK STUDY SESSION

No items are listed for this section.

 

10:30 P.M. (Time is approximate.)
M. ADJOURNMENT

 

 

 

AFFIDAVIT OF POSTING

I, Terrie Gillen, certify that on October 19, 2017, I caused to be posted the agenda of the open session of the October 24, 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/
Terrie Gillen, City Clerk

 

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