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Council Meeting

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November 14, 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
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NOVATO CITY COUNCIL MEETING

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
November 14, 2017
6:00 P.M.

A G E N D A

 

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
 

B. CLOSED SESSION ANNOUNCEMENT

There are no closed session items scheduled.

 

C. CEREMONIAL MATTERS/PRESENTATIONS

Presentation: Novato Fire Protection District

Presentation: Update on RV Ordinance

 

D. APPROVAL OF THE FINAL AGENDA

 

6:20 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.

 

6:45 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.

 

6:55 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 readings of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety.


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


3. ADOPT 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)


4. ADOPT 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)


5. ADOPT 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)


6. AUTHORIZE THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE SAFE PATHWAYS TO SCHOOLS SIDEWALK GAP CLOSURES – ARTHUR STREET AND PLUM STREET, CIP PROJECT NUMBER 16-010

CEQA: EXEMPT PURSUANT TO SECTION 15301


7. ADOPT A RESOLUTION FINDING THAT THE MIWOK PARK LANDSLIDE REPAIRS, CIP 18-005, QUALIFIES AS AN EMERGENCY THAT WILL NOT PERMIT DELAY IN RESPONSE UNDER CALIFORNIA PUBLIC CONTRACTING CODE SECTIONS 1102 AND 22050(A)(2); AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES REQUIRED TO REPAIR THE PEDESTRIAN PATHWAY PURSUANT TO CALIFORNIA PUBLIC CONTRACTING CODE SECTION 22050(A)(1); AND, FINDING THAT THE APPROVAL THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15301(C)

 

7:00 P.M. (Time is approximate.)
H. UNFINISHED AND OTHER BUSINESS

8. ADOPT THE INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON THE OUTDOOR AND INDOOR CULTIVATION OF MEDICINAL CANNABIS, EXCEPT FOR THE INDOOR CULTIVATION OF UP TO 6 PLANTS AND ALL COMMERCIAL CANNABIS ACTIVITIES, EXCEPT FOR (I) DELIVERIES OF MEDICINAL CANNABIS FROM OUT-OF-CITY BUSINESSES, (II) CB LABS NOVATO, LLC AND (III) LIPOSOME FORMULATIONS, INC., AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS (continued from October 24, 2017 Council meeting)

 

I. PUBLIC HEARINGS

There are no items listed for this section.

 

7:30 P.M. (Time is approximate.)
J. GENERAL BUSINESS

9. CONSIDER BEGINNING THE ANNUAL ASSESSMENT PROCESS FOR THE DOWNTOWN NOVATO BUSINESS IMPROVEMENT DISTRICT (BID) IN A PARTNERSHIP WITH THE DOWNTOWN NOVATO BUSINESS ASSOCIATION (DNBA):

A. HEAR A PRESENTATION FROM THE BID ADVISORY BOARD REGARDING THE PROPOSED 2018 BUDGET AND ANNUAL REPORT.
B. REVIEW, INCLUDING MAKING ANY CHANGES IF DESIRED, AND APPROVE THE 2017 DOWNTOWN NOVATO BUSINESS IMPROVEMENT DISTRICT (BID) ANNUAL REPORT AND 2018 BUDGET TO BEGIN JANUARY 1, 2018.
C. ADOPT A RESOLUTION OF INTENTION TO LEVY AN ANNUAL ASSESSMENT AND SET A PUBLIC HEARING FOR NOVEMBER 28, 2017.
D. CONSIDER ESTABLISHING AN ON-GOING PUBLIC-PRIVATE PARTNERSHIP WITH THE DNBA, MATCHING BID ASSESSMENTS $1 FOR $1, WITH AN ADDITIONAL ESTIMATED FY 2017/18 CONTRIBUTION OF $54,442.

 

10. CONSIDER ADOPTING A RESOLUTION AMENDING THE FY 17/18 OPERATING BUDGET TO RECLASSIFY ONE (1) POSITION OF POLICE SERGEANT TO POLICE LIEUTENANT AND ONE (1) POLICE OFFICER TO COMMUNITY SERVICE OFFICER RESULTING IN AN INCREASE TO THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $4,973

 

11. CONSIDER REVIEWING AND APPROVING THE PROPOSED WORKSHOP DATES AND TIMES FOR THE NEW STRATEGIC PLAN 2018 – 2021

 

12. CONSIDER APPOINTING TWO MEMBERS AND ONE ALTERNATE TO SERVE ON THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS (MCCMC) PENSION AND OTHER POST-EMPLOYMENT BENEFITS (OPEB) REFORM AD HOC COMMITTEE AND APPOINTING ONE MEMBER AND ONE ALTERNATE TO SERVE ON THE MCCMC DISASTER PREPAREDNESS AD HOC COMMITTEE

 

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.

There are no items listed for this section.

 

L. WORK STUDY SESSION

There are no items listed for this section.

 

9:00 P.M. (Time is approximate.)
M. ADJOURNMENT

 

 

 

AFFIDAVIT OF POSTING

I, Terrie Gillen, certify that on November 9, 2017, I caused to be posted the agenda of the open session of the November 14, 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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