City of Novato, CA
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Council Meeting
- Date: 10/04/2016 6:30 PM
- Location: Novato City Hall
901 Sherman Ave
Novato, California 94945
October 4, 2016
Novato City Hall Council Chambers | Pat Eklund | Mayor |
901 Sherman Avenue | Denise Athas | Mayor Pro Tem |
Novato, CA 94945 | Pam Drew | Councilmember |
Phone: (415) 899-8900 | Josh Fryday | Councilmember |
Fax: (415) 899-8213 | Eric Lucan | Councilmember |
Website: www.novato.org | Cathy Capriola | Interim City Manager |
Laura McDowall | Deputy City Clerk | |
Jeffrey A. Walter | City Attorney |
The City Council welcomes you to attend its meetings which are regularly scheduled on most Tuesdays at 6:30 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.
CITY COUNCIL 922 Machin Avenue Novato, California 94945 415.899.8900 main 415.899.8213 fax www.novato.org |
JOINT CITY COUNCIL/
CITY COUNCIL AS SUCCESSOR AGENCY TO
DISSOLVED REDEVELOPMENT AGENCY MEETING
to be held at
NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
October 4, 2016
6:30 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
No items are listed for this section.
D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT
6:35 P.M. (Time is approximate.)
E. 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.
F. CONSENT CALENDAR
No items are listed for this section.
G. UNFINISHED AND OTHER BUSINESS
No items are listed for this section.
H. PUBLIC HEARINGS
No items are listed for this section.
I. GENERAL BUSINESS
6:45 P.M. (Time is approximate.)
Consideration of the mediated Settlement Agreement conditionally reached on August 23, 2016, with the Lieb family for City acquisition of nearly 10 acres of property for use as future park, agricultural, historical and open space purposes.
a. |
Approve Resolution to make findings that entering into said agreement is exempt under CEQA pursuant to CEQA Guidelines Section 15316; |
b. |
Authorize to determine and fund a Phase II Environmental Analysis of the Lieb property for an amount not to exceed $45,000; |
c. |
Approve resolution authorizing a budget amendment for $1,650,000 million for the Settlement Agreement and up to $45,000 to fund Phase II Environmental Analysis of the Lieb property; and |
d. |
Approve the settlement agreement with the Lieb family conditional on Phase II environmental results. |
Recommendation: Approve the resolution to make findings that entering into said agreement is exempt under CEQA pursuant to CEQA Guidelines Section 15316; Authorize to determine and fund a Phase II Environmental Analysis of the Lieb property for an amount not to exceed $45,000; Approve the resolution authorizing a budget amendment for $1,650,000 million for the Settlement Agreement and up to $45,000 to fund Phase II Environmental Analysis of the Lieb property; and Approve the settlement agreement with the Lieb family conditional on Phase II environmental results.
7:30 P.M. (Time is approximate.)
Consider receiving an update and providing direction to staff on Quiet Zones including the City's request to the City of San Rafael to create a comprehensive Quiet Zone for Marin, taking next steps based on San Rafael's response and other information, and request for establishment of ad-hoc Council Sub-Committee to work with staff on variety of SMART issues.
Recommendation:
1. |
Hear an update regarding the City of San Rafael's discussion at their October 3rd Council Meeting regarding Novato's request to create a comprehensive Quiet Zone for Novato, Marin County and San Rafael. |
2. |
If moving forward, direct staff to continue to work cooperatively with SMART, San Rafael, and Marin County to create a combined Quiet Zone application for crossings in Novato, Marin County, and San Rafael creating a consistent and comprehensive Quiet Zone. |
3. |
Authorize the Interim City Manager to submit a formal letter rescinding Novato's current Notice of Intent and expressing support for the City of San Rafael to serve as the lead agency for the creation of a comprehensive Quiet Zone. |
4. |
Authorize Novato to cover consultant costs required to resubmit a revised comprehensive Quiet Zone for Marin estimated to be less than $15,000. |
5. |
Create a Council sub-committee to work with staff on Quiet Zones and other issues related to the coming of the SMART train including indemnification and maintenance agreement with SMART, agreements with Marin County and San Rafael, and commuter benefits and other ways to encourage our employees to use SMART. |
8:15 P.M. (Time is approximate.)
3. REVISING COUNCIL POLICY MANUAL
Consider revising Section 3.02(f) of the City Council's Policy Manual to substitute the three-step process with a two-step process for placing items on a future agenda and requiring Councilmembers who wish to have the Council consider placing an item on a future agenda to provide advance, written notice of that intention to the City Manager so that the request can be placed on the agenda of the meeting at which the request will be considered by the full Council.
Recommendation: Revise Section 3.02(f) of the City Council's Policy Manual.
J. 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.
K. COUNCILMEMBER/CITY MANAGER REPORTS
Councilmember reports on conferences and meetings, as needed (3 minutes maximum per Councilmember report).
L. WORK STUDY SESSION
No items are listed for this section.
8:30 P.M. (Time is approximate.)
M. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on September 30, 2016, I caused to be posted the agendas of the open session of the October 4, 2016 joint meeting of the City Council and City Council as Successor Agency to Dissolved Redevelopment Agency 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. /Laura McDowall/ |
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