November 15, 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

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
November 15, 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.

6:45 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BID ADVERTISEMENT FOR MEASURE A GROUP 8 & 9 PAVEMENT REHABILITATION CONTRACT 1: ROADWAY PREPARATION AND CONCRETE WORK

CEQA: CEQA EXEMPTION – 15301 (c) EXISTING FACILITIES

Consider approving the plans and specifications and authorizing a bid advertisement for the Measure A Group 8 & 9 Pavement Rehabilitation Contract 1: Roadway Preparation and Concrete Work, CIP Project No. 16-001 & 17-001.

Recommendation: Approve project plans and specifications and authorize for bidding.

2. ADOPT A RESOLUTION APPROVING GRANTS OF ACCESS AND UTILITY EASEMENTS TO EAH, INC. AND NORTH MARIN SENIOR HOUSING CORPORATION OVER A CITY OWNED PARCEL ON ELMVIEW WAY

Consider adopting a resolution authorizing the City Manager to execute a Grants of Access and Utility Easements to both EAH, Inc. and North Marin Senior Housing Corporation over a City owned parcel on Elmview Way to confirm continued legal access from Elmview Way to their properties.

Recommendation: Adopt the resolution.

3. ADOPT A RESOLUTION RATIFYING AND CONFIRMING THE CITY COUNCIL'S ACTIONS AMENDING THE CITY COUNCIL POLICY MANUAL

Consider adopting a resolution ratifying and confirming the City Council's actions amending the City Council Policy Manual at its meeting of October 4, 2016.

Recommendation: Adopt the resolution.

4. SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO ADOPTING AMENDMENTS TO THE MASTER PLAN (CONSISTING OF THE HAMILTON FIELD MASTER PLAN ADOPTED BY CITY OF NOVATO ORDINANCE NO. 1298 AND AMENDED BY ORDINANCES 1311, 1322, 1335, 1344, 1413, AND 1434) TO 1.) CHANGE THE HOUSING UNIT ASSIGNMENT FOR PLANNING AREA 19 FROM AT LEAST 25 LOW AND VERY-LOW INCOME, AFFORDABLE SENIOR RENTAL HOUSING UNITS TO 14 MARKET RATE AND 2 AFFORDABLE (ONE MODERATE AND ONE LOW INCOME) FOR-SALE SENIOR HOUSING UNITS, 2.) REDUCE A REQUIRED 150-FOOT SETBACK FROM NEARBY PG&E POWERLINES TO 100-FEET AND ELIMINATE A REQUIREMENT TO DISTRIBUTE LITERATURE DESCRIBING BEST PRACTICES TO MINIMIZE EXPOSURE TO INTERIOR EMFS, AND 3.) ALLOW LOT COVERAGE FOR PLANNING AREA 19 TO BE AS INDICATED ON THE PRECISE DEVELOPMENT PLAN EXHIBIT FOR THE HAMILTON COTTAGES PROJECT

Second reading of an ordinance of the City Council of the City of Novato adopting amendments to the Master Plan (consisting of the Hamilton Field Master Plan adopted by City of Novato Ordinance No. 1298 and amended by ordinances 1311, 1322, 1335, 1344, 1413, and 1434) to 1.) change the housing unity assignment for Planning Area 19 from at least 25 low and very-low income affordable senior rental housing units to 14 market rate and 2 affordable (one moderate and one low income) for-sale senior housing units, 2.) reduce a required 150-foot setback from nearby PG&E powerlines to 100-feet and eliminate a requirement to minimize exposure to interior EMFs and 3.) allow lot coverage for Planning Area 19 to be as indicated on the Precise Development Plan exhibit for the Hamilton Cottages project.

Recommendation: Adopt the ordinance.

G. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

H. PUBLIC HEARINGS

6:50 P.M. (Time is approximate.)

5. REINTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 19 OF THE MUNICIPAL CODE TO REGULATE MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

Consider reintroducing an ordinance amending Chapter 19 of the Novato Municipal Code adding large massage establishments employing three or more massage therapists as a Conditional Use in all commercial and industrial zoning districts, establishing parking requirements, adding definitions of "massage" and "massage establishment" and establishing zoning regulations for massage establishments, and finding that the proposed ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(B)(3).

Recommendation: Reintroduce ordinance.

I. GENERAL BUSINESS

7:20 P.M. (Time is approximate.)

6. PRESENTATION BY NORTH MARIN WATER DISTRICT REGARDING THE PROPOSED CENTRAL SERVICE AREA EXPANSION OF THE RECLAIMED WATER SYSTEM

Consider receiving a presentation from the North Marin Water District on their plans to expand their reclaimed water distribution system within the "Central Service Area".

Recommendation: Receive the presentation.

7:35 P.M. (Time is approximate.)

7. DOWNTOWN NOVATO BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR THE 2017 CALENDAR YEAR -- RESOLUTION OF INTENTION TO LEVY AN ANNUAL ASSESSMENT AND SET PUBLIC HEARING FOR NOVEMBER 29, 2016

Consider beginning the annual assessment process for the Downtown Novato Business Improvement District (BID) in a partnership with the Downtown Novato Business Association (DNBA), and adopting a resolution of intention to levy an annual assessment and set a public hearing for November 29, 2016.

Recommendation:

A. Hear a presentation from the BID Advisory Board regarding the proposed 2017 Budget and Annual Report.

B. Review, including making any changes if desired, and approve the 2016 Downtown Novato Business Improvement District (BID) Annual Report and 2017 Budget to begin January 1, 2017.

C. Adopt Resolution of Intention to Levy an Annual Assessment and set a public hearing for November 29, 2016.

8:05 P.M. (Time is approximate.)

8. INTRODUCE AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO INCORPORATE THE 2016 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS, SET PUBLIC HEARING DATE, AND ADOPT A RESOLUTION RATIFYING NOVATO FIRE PROTECTION DISTRICT'S ORDINANCE 2016-1 AMENDING THE 2016 FIRE CODE

Consider 1) Introducing and waiving further reading of an ordinance amending section 4-1 and deleting sections 4-13, 4-16, 4-17 of Chapter IV of the Novato Municipal Code to adopt the 2016 California Building Standards Code with local amendment; 2) Setting a public hearing on the adoption by reference of the 2016 California Building Standards Code with local amendments for the same date as the second reading of the ordinance on November 29, 2016; and 3) Adopting a resolution ratifying Novato Fire Protection District Ordinance 2016-1 adopting the 2016 California Fire Code with local amendments.

Recommendation: Introduce and waive further reading of the ordinance, set a public hearing for November 29, 2016 and adopt the resolution ratifying Novato Fire Protection District Ordinance 2016-1 adopting the 2016 California Fire Code with local amendments.

8:50 P.M. (Time is approximate.)

9. ADOPTING URGENCY ORDINANCES ADDRESSING CULTIVATION OF NONMEDICAL MARIJUANA FOR PERSONAL USE

Consider adopting two interim, urgency ordinances imposing temporary moratoria on the (a) outdoor cultivation of nonmedical marijuana for personal use; and (b) indoor cultivation of nonmedical marijuana for personal use, except under certain conditions and making findings that the adoption of same is exempt under CEQA because, among other things, there is no possibility that their adoption may have a significant, negative, physical impact on the environment.

Recommendation:

1. Adopt interim ordinance imposing a moratorium on the outdoor cultivation of nonmedical marijuana and make findings that said adoption is exempt under CEQA.

2. Adopt interim ordinance imposing moratorium on the indoor cultivation of nonmedical marijuana, except under certain conditions, and make findings that the adoption of said ordinance is exempt under CEQA.

9:05 P.M. (Time is approximate.)

10. POLICE CHIEF SELECTION PROCESS

Consider appointing two Councilmembers to serve on a selection/interview panel for the Novato Chief of Police.

Recommendation: Appoint two Councilmembers to serve on the selection/interview panel for the Novato Chief of Police.

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

11. Request from Councilmember Drew to agendize for a future meeting a discussion of an amendment to the Council Policy Manual changing the notification to staff for proposed new agenda items from 7 days in advance to 6 days in advance.

12. Request from Mayor Eklund to agendize for a future meeting a discussion of placing on the Consent Calendar a list of contracts entered into and purchases made without specific prior City Council approval for information to the public and the Council.

13. City Manager report and 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