October 25, 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
to be held at
CITY OF NOVATO ADMINISTRATIVE OFFICES
922 MACHIN AVENUE
October 25, 2016
5:00 P.M.

CLOSED SESSION AGENDA

A. CALL TO ORDER

1. Public Comment at 922 Machin Avenue

2. Recess to Closed Session

B. CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:

CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION

Initiation of Litigation, pursuant to paragraph (4) of Subdivision (d) of Section 54956.9: One potential case.

Significant exposure to litigation pursuant to Section 54956.9(d)(2): One potential case

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d):

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9)

Name of case: City of Novato, et al v. State of California, et al
Sacramento Superior Court Case No. 34-2013-80001496

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 25, 2016
6:30 P.M.

A G E N D A

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

B. CLOSED SESSION ANNOUNCEMENT

The City Council met in closed session to discuss Item B as listed on the Closed Session Agenda.

C. CEREMONIAL MATTERS/PRESENTATIONS

Presentation: Welcome and Administration of Oath of Office for City Manager Regan Candelario

Presentation: Introduction of New Employees

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

7:00 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.

7:10 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. ADOPT CITY COUNCIL MINUTES OF SEPTEMBER 27, 2016

2. NOTICE OF COMPLETION FOR OLIVE AVENUE CLASS II BIKE LANES – HIGHWAY SAFETY IMPROVEMENT PROGRAM, CAPITAL IMPROVEMENT PROJECT NO. 13-009

Consider accepting the project as complete and authorizing the City Manager to sign the Notice of Completion for the Olive Avenue Class II Bike Lanes project (CIP Project Number 13-009).

Recommendation: Accept the project as complete, and authorize the City Manager to sign the Notice of Completion.

3. RESOLUTION AUTHORIZING MUNISERVICES INC TO ACCESS TRANSACTIONS AND USE TAX DATA FROM THE BOARD OF EQUALIZATION FOR THE ADMINISTRATION OF NOVATO'S MEASURE C SALES TAX

Consider adopting a resolution authorizing the City's sales tax consultant to access transactions and use tax data for the purposes of reporting on and administering the Measure C add-on sales tax.

Recommendation: Adopt the resolution.

4. RESOLUTION ADOPTING TENTATIVE THREE-YEAR LABOR AGREEMENTS WITH REPRESENTED EMPLOYEE BARGAINING UNITS C, D AND E

Consider adopting a resolution approving tentative labor agreements with SEIU 1021 Mid Managers (Unit C), SEIU 1021 General Employees (Unit D) and the Professional Engineers unit (Unit E) for the period of July 1, 2016 through June 30, 2019.

Recommendation: Adopt the resolution.

5. COMPENSATION RESOLUTIONS FOR EMPLOYEE UNITS F AND G AND AMENDMENT TO THE CLASSIFICATION PLAN TO APPROVE THE RECLASSIFIED POSITION OF PUBLIC ENGAGEMENT AND COMMUNICATIONS MANAGER

Consider adopting: 1) a resolution approving the employment and compensation programs for employees in the Confidential Group (Unit F) and the Exempt Management group (Unit G) for the period of July 1, 2016 through June 30, 2019; and 2) a resolution amending Resolution 57-94 adopting the City of Novato Classification Plan to reclassify the Public Communications Coordinator to Public Engagement and Communications Manager and approve a revised classification specification; amending the Exempt Management compensation resolution to reflect the title change and update the salary range; and changing the title within the City's Conflict of Interest Code.

Recommendation: Adopt the resolutions.

6. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH TYLER TECHNOLOGIES INC ("NEW WORLD SYSTEMS") FOR NEW FINANCE / HR SOFTWARE SYSTEMS AND APPROVING AN 18-MONTH LIMITED TERM ACCOUNTING SUPERVISOR POSITION TO STAFF THE PROJECT

Consider adopting a resolution authorizing the City Manager to sign a License and Services Agreement with Tyler Technologies Inc for its "New World Systems" Finance / HR software solutions and approving an 18-month limited-term Accounting Supervisor position to provide appropriate staffing resources for the implementation project.

Recommendation: Adopt the resolution.

G. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

H. PUBLIC HEARINGS

7:15 P.M. (Time is approximate.)

7. HAMILTON COTTAGES:
• ADOPTING CEQA MITIGATED NEGATIVE DECLARATION
• INTRODUCING A MASTER PLAN ORDINANCE
• APPROVING A PRECISE DEVELOPMENT PLAN/DESIGN REVIEW RESOLUTION
• APPROVING A VESTING TENTATIVE MAP RESOLUTION
• POTENTIALLY AUTHORIZE AMENDING PURCHASE & SALE AGREEMENT

(Please Note:  Large file, load time may take longer than usual)

Consider holding a public hearing and adopting a mitigated negative declaration, introducing a master plan ordinance, approving a precise development plan/design review resolution, approving a vesting tentative map resolution, and potentially authorize amending the purchase and sale agreement to modify an access/parking easement for the construction of a 16-unit senior housing project at the Senior Housing Triangle (Hamilton Parkway and B Street).

Recommendation: Hold the public hearing and adopt a mitigated negative declaration, introduce the master plan ordinance, approve the precise development plan/design review resolution, approve the vesting tentative map, and provide direction regarding authorization to amend the purchase and sale agreement to modify an access/parking easement.

I. GENERAL BUSINESS

8:00 P.M. (Time is approximate.)

8. INFORMATIONAL PRESENTATION ON POSSIBLE AMENDMENTS TO THE CITY'S SMOKING ORDINANCE AND A NEW TOBACCO RETAIL LICENSING ORDINANCE

Consider receiving a presentation, discussing, and providing direction to staff on possible amendments to the City's smoking ordinance and a new tobacco retail licensing ordinance.

Recommendation: Receive the presentation and provide direction to staff.

8:15 P.M. (Time is approximate.)

9. UPDATE AND RECEIVE ANY CONTINUED COUNCIL DIRECTION ON QUIET ZONES INCLUDING A COMPREHENSIVE QUIET ZONE WITH SAN RAFAEL AND THE BACK-UP OPTIONS REGARDING THE HAMILTON PEDESTRIAN CROSSING

Consider receiving an update and receiving any continued council direction on Quiet Zones including a comprehensive Quiet Zone with San Rafael and the back-up options regarding the Hamilton Pedestrian Crossing.

Recommendation:

1. Hear an update regarding current status of the comprehensive Quiet Zone with San Rafael and Marin County.

2. Take no action on the back-up options for the Hamilton Pedestrian Crossing since the proposed Comprehensive Quiet Zone includes this pedestrian crossing within the new expanded Marin Quiet Zone and direct staff to communicate out the current status and next steps for the Quiet Zone to the Hamilton neighborhood.

8:30 P.M. (Time is approximate.)

10. TRANSPORTATION IMPACT ANALYSIS WHITE PAPER

Consider providing direction to staff on transportation impact analysis policy and program options for inclusion in the Draft General Plan and associated Environmental Impact Report.

Recommendation: Provide direction to staff.

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.

9:30 P.M. (Time is approximate.)
M. ADJOURNMENT