October 11, 2016

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:

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
WORK STUDY SESSION
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
October 11, 2016
6:00 P.M.

(Regular Council Meeting begins at 6:30 p.m.)

A G E N D A

1. PUBLIC COMMENTS

For Public Comment on the agenda planning item. There will also be a general Public Comment period during the regular meeting to follow.

See agenda cover page for information about Public Comment periods and associated protocol.

2. CITY COUNCIL AGENDA PLANNING FOR THE PERIOD OCTOBER 1, 2016 – DECEMBER 31, 2016

a. Upcoming Significant Agenda Items Worksheet

b. Request from Councilmember Lucan to agendize for a future meeting a discussion of a review of the Council Policy Manual with regards to the agenda setting section

c. Request from Mayor Eklund to agendize for a future meeting a discussion of televising the Quarterly Agenda setting meetings

d. Request from Mayor Eklund to agendize for a future meeting a discussion of a review and possible modification of the Council Policy Manual including, but not limited to, adding under Section 3.02(f) paragraph 1 an item that would be routinely scheduled by the City Clerk on a future agenda if requested by a Councilmember on 'proposed legislation where the League of CA Cities has taken a position of either support or oppose'; and either clarifying or removing other provisions

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 11, 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

Proclamation: Bullying Prevention Month

Presentation: TAM Crossing Guard of the Year

D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT

6:45 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.

6:50 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. ADOPT CITY COUNCIL MINUTES OF SEPTEMBER 13, 2016

2. SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO REPEALING AND REENACTING SECTION 8-4 OF THE NOVATO MUNICIPAL CODE RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS AND FINDING THE ADOPTION THEREOF EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (b)(3)

Second reading of an ordinance of the City Council of the City of Novato repealing and reenacting section 8-4 of the Novato Municipal Code relating to regulation of massage establishments and massage technicians and finding the adoption thereof exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061(b)(3).

Recommendation: Adopt the ordinance.

3. OPPOSE PROPOSITION 53 – VOTER APPROVAL REQUIREMENT FOR REVENUE BONDS ABOVE $2 BILLION

Consider approving a resolution opposing Proposition 53 to file with the League of California Cities.

Recommendation: Approve the resolution.

4. SUPPORT FOR PROPOSITION 54 – PUBLIC DISPLAY OF LEGISLATIVE BILLS PRIOR TO VOTE

Consider approving a resolution supporting Proposition 54 to file with the League of California Cities.

Recommendation: Approve the resolution.

G. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

H. PUBLIC HEARINGS
6:55 P.M. (Time is approximate.)

5. PROHIBITION OF EXCAVATION MEASURE A GROUP 8 & 9 PAVEMENT REHABILITATION CIP 16-001 & 17-001

Consider holding a public hearing for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-2.54 of the City of Novato Municipal Code and adopting a resolution that overrules all protests and prohibits excavation upon final completion of the paving in the traveled way of the streets identified in the rehabilitation list.

Recommendation: Hold the public hearing and adopt the resolution.

I. GENERAL BUSINESS
7:10 P.M. (Time is approximate.)

6. UPDATE AND COUNCIL DIRECTION ON QUIET ZONES INCLUDING THE CREATION OF A COMPREHENSIVE QUIET ZONE FOR MARIN, (1) LETTER TO SMART BOARD, (2) LETTER AGREEMENT WITH CITY OF SAN RAFAEL, (3) AND ANY OTHER ISSUES RELATED TO THE ADVANCEMENT OF QUIET ZONES

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.

Recommendation: Hear an update regarding Quiet Zones including the creation of a comprehensive Quiet Zone for Novato, Marin County and San Rafael; and specifically:

7:25 P.M. (Time is approximate.)

7. RECEIVE INFORMATION ON POTENTIAL BACK-UP OPTIONS FOR THE HAMILTON STATE ACCESS ROAD PEDESTRIAN CROSSING IF A COMPREHENSIVE QUIET ZONE WITH SAN RAFAEL AND MARIN COUNTY IS NOT SUCCESSFUL

Consider receiving information on three potential "Back-up Options" for the Hamilton State Access Road Pedestrian Crossing if a Comprehensive Quiet Zone for Marin is not successful.

Recommendation:

8:55 P.M. (Time is approximate.)

8. COMMENT TO ABAG AND MTC ON PLAN BAY AREA 2040 PREFERRED SCENARIO GROWTH PROJECTIONS FOR HOUSEHOLD AND JOBS

Consider providing direction and authorizing staff to send a comment letter to the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) on draft projections of jobs for preparation of Plan Bay Area 2040.

Recommendation: Provide direction to staff if Council wishes to forward a comment letter to ABAG and MTC regarding the Plan Bay Area Preferred Scenario.

9:25 P.M. (Time is approximate.)

9. EDWARD YATES' SECOND CEASE AND DESIST LETTER PERTAINING TO ALLEGED VIOLATIONS OF THE BROWN ACT

Consider and possibly take action to approve a letter to Mr. Yates responding to his second Brown Act violation claims re the Redwood Blvd. bus shelter.

Recommendation: Approve a letter disagreeing with Mr. Yates' claims that the Council violated the Brown Act when, on December 15, 2015, it discussed placing an item on a future agenda.

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.

9:45 P.M.(Time is approximate.)
M. ADJOURNMENT