December 13, 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
December 13, 2016
6:00 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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Cal. Gov't Code section 54956.9(d)(1)

Name of case: Estate of Wilfred Lieb; and Lloyd Lieb et al. v. City of Novato, Superior Court Case Nos. PR-1104967 and CIV 1601783

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Cal. Gov't Code section 54956.9(d)(1)

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
December 13, 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: Introduction of New Police Officers

Presentation: Marin County Commission on Aging Annual Report

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.

6:55 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. ADOPT REVISED CITY COUNCIL MINUTES OF APRIL 26, 2016

2. ADOPT CITY COUNCIL MINUTES OF OCTOBER 11, 2016

3. ADOPT CITY COUNCIL MINUTES OF OCTOBER 18, 2016

4. ASSISTANT CITY CLERK CLASSIFICATION

Consider adopting a resolution to adjust the salary range for the Assistant City Clerk classification and approve the reclassification of the Application Support Technician to Assistant City Clerk.

Recommendation: Adopt the resolution.

5. NOTICE OF CONSTRUCTION COMPLETION FOR POLICE DEPARTMENT DEFERRED MAINTENANCE CIP PROJECT NO. 16-003 AND APPROVAL OF A BUDGET AMENDMENT RESOLUTION

Consider accepting the work as complete and authorizing the City Manager to sign the Notice of Completion for the Police Department Deferred Maintenance Project, CIP Project No. 16-003 and adopting a resolution amending the budget in the amount of $27,000 for the Police Department Deferred Maintenance Project, CIP Project No. 16-003.

Recommendation: Accept the work as complete, authorize the City Manager to sign the Notice of Completion and adopt the budget amendment resolution.

6. APPROVE PROPOSED NAMES FOR TWO BAHIA MINI PARKS

Consider approving the proposed names for the two renovated Bahia Mini Parks: Bahia Oak Park and Night Heron Park.

Recommendation: Approve the proposed park names.

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

7:00 P.M. (Time is approximate.)

7. CONSIDERATION OF PHASE II INVESTIGATION AND OPTIONS FOR THE NEXT STEPS IN THE ESTATE OF LIEB LITIGATION

Consideration of the Phase II Investigation results of the approximate 10 acres of real property subject to the litigation of Estate of Lieb and Lieb v. City of Novato for use as future park, agricultural, historical and open space purposes (the "Property") according to the terms of the Settlement Agreement reached in the above litigation.

Recommendation: Approve the Phase II Investigation and Release all of the Conditions Precedent to the Settlement Agreement.

7:30 P.M. (Time is approximate.)

8. GUIDANCE ON MEASURE C ACCOUNTING OPTIONS

Consider providing staff direction on how to account for Measure C revenues and expenditures.

Recommendation: Staff recommends depositing Measure C revenues into the General Fund and expending therefrom.

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

9. ADOPT A RESOLUTION REVISING THE MISSION, ROLES, AND RESPONSIBILITIES OF THE MEASURE F OVERSIGHT / CITIZENS FINANCE COMMITTEE

Consider adopting a resolution revising the mission, roles, and responsibilities of the existing Measure F Oversight / Citizens Finance Committee to incorporate an oversight role for Measure C funds, formally establish an oversight committee for the Measure C sales tax funds, and make other miscellaneous changes to the established duties of this committee.

Recommendation: Adopt the resolution.

8:45 P.M. (Time is approximate.)

10. DISCUSSION AND DIRECTION ON THE TELEVISING OF CITY COUNCIL QUARTERLY AGENDA SETTING MEETINGS

Consider discussing and providing direction to staff regarding the suggestion to televise the City Council's Quarterly Agenda setting meetings.

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.

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