January 10, 2017

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

** AMENDED**

The Work Study Session Previously Scheduled for 6pm has been Cancelled.

The regular Council meeting will begin at 6:30pm

CITY COUNCIL
WORK STUDY SESSION

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
January 10, 2017
6:00 P.M.

Work Study Session is CANCELLED

 Please Note:  The Work Study Session has been Cancelled. The regular Council meeting will begin at 6:30pm

(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 JANUARY 1, 2017 – MARCH 31, 2017

a. Upcoming Significant Agenda Items Worksheet January 1, 2017 – March 31, 2017

JOINT CITY COUNCIL/ CITY COUNCIL
AS NOVATO PUBLIC FINANCE AUTHORITY MEETING
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
January 10, 2017
6:30 P.M.

A G E N D A

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

B. CLOSED SESSION ANNOUNCEMENT

A closed session will convene upon adjournment of the open session. The closed session agenda is attached.

C. CEREMONIAL MATTERS/PRESENTATIONS

Presentation: Introduction of New Police Chief

Presentation: Introduction of New City Clerk

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

6:50 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.

7:00 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. ADOPT A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING RE-BID FOR THE MEASURE A GROUP 8 & 9 PAVEMENT REHABILITATION CONTRACT 1: ROADWAY PREPARATION AND CONCRETE WORK; CIP PROJECT NO. 16-001 & 17-001

Consider adopting a resolution rejecting all bids received and authorizing re-bid for the Measure A Group 8 & 9 Pavement Rehabilitation Contract 1: Roadway Preparation and Concrete Work, CIP Project No. 16-001 & 17-001.

Recommendation: Adopt the resolution.

2. APPOINTMENT OF CITY TREASURER

Consider adopting a resolution appointing City Manager Regan M. Candelario as City Treasurer.

Recommendation: Adopt the resolution.

NOVATO PUBLIC FINANCE AUTHORITY- item 3 only:

3. RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT: 2015- 2016 WEB TRANSPARENCY REPORT CARD

Consider authorizing the Novato Public Finance Authority Board's response to the Marin County Civil Grand Jury report titled "2015-2016 Web Transparency Report Card: Bringing Marin County Governments to Light".

Recommendation: Authorize the response.

G. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

H. PUBLIC HEARINGS

7:05 P.M. (Time is approximate.)

4. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING AND REPLACING NOVATO ORDINANCE 1533 AND REVISING MUNICIPAL CODE SECTION 7-3 REGULATING SMOKING AND TOBACCO PRODUCT USE

Consider holding a public hearing and introducing an ordinance replacing Section 7.3 of the Novato Municipal Code related to smoking and tobacco use in the City of Novato.

Recommendation: Hold the public hearing and introduce the ordinance.

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

5. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REGULATING THE SALE OF TOBACCO AND TOBACCO-RELATED PRODUCTS

Consider holding a public hearing and introducing an ordinance related to the sale of tobacco and tobacco-related products in the City.

Recommendation: Hold the public hearing and introduce the ordinance.

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

6. PUBLIC HEARING AND APPROVAL OF A LEASE-LEASEBACK FINANCING TO FUND PHASE 1 OF THE DOWNTOWN SMART STATION IMPROVEMENTS

Consider holding a public hearing and adopting a City Council resolution approving the loan from the Hamilton Trust Fund via a lease-leaseback financing mechanism to fund the phase 1 improvements to the Downtown Novato SMART Station.

Recommendation: Hold the public hearing and adopt the resolution.

I. GENERAL BUSINESS

NOVATO PUBLIC FINANCE AUTHORITY- item 7 only:

7:50 P.M. (Time is approximate.)

7. APPROVAL OF A LEASE-LEASEBACK FINANCING TO FUND PHASE 1 OF THE DOWNTOWN SMART STATION IMPROVEMENTS

Consider adopting a Novato Public Finance Authority resolution approving the loan from the Hamilton Trust Fund via a lease-leaseback financing mechanism to fund the phase 1 improvements to the Downtown Novato SMART Station.

Recommendation: Adopt the resolution.

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

8. HIGHWAY 101 MARIN SONOMA NARROWS PROJECT UPDATE

Consider receiving an update on the Highway 101 Marin Sonoma Narrows Project.

Recommendation: Receive the update. This is an information item only, and no action is being recommended.

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

9. REGULAR PLACEMENT OF A LISTING OF CITY EXPENDITURES AND CONTRACTS ON CITY COUNCIL CONSENT AGENDAS

Consider possible changes to reporting of monthly expenditures to the City Council; consider possible changes to reporting of executed contracts and agreements to the City Council.

Recommendation: Staff recommends regularly placing the "Expenditure Approval List" (or "EAL"), a report that is already produced by the City's financial software and emailed to the City Council, on the City Council consent agenda for informational purposes. Staff does not recommend regularly reporting a listing of executed contracts on future City Council consent agendas.

8:20 P.M. (Time is approximate.)

10. EVALUATION IN GENERAL PLAN 2035 ENVIRONMENTAL IMPACT REPORT OF POTENTIAL REVISIONS TO BEL MARIN KEYS INDUSTRIAL PARKS MASTER/PRECISE DEVELOPMENT PLAN FOR BIOTECH/LIFE SCIENCE CAMPUS DEVELOPMENT

Provide direction to staff and the Planning Commission on whether the scope of the General Plan 2035 EIR should include analysis of possible revisions to the Bel Marin Keys Industrial Parks Master/Precise Development Plan to modify zoning regulations for designated biotech/life science campus development.

Recommendation: That the Council direct staff and the Planning Commission to include in the scope of services for the General Plan 2035 EIR the analysis of possible revisions to the Bel Marin Keys Industrial Parks Master/Precise Development Plan to modify zoning regulations for designated biotech/life science campus development.

8:40 P.M. (Time is approximate.)

11. COUNCIL COMMITTEE ASSIGNMENTS

Consider assigning Councilmembers to various commissions, boards, authorities and other bodies upon which they serve.

Recommendation: Make assignments.

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

12. Request from Mayor Pro Tem Fryday to agendize for a future meeting a review of progress made to date on the City's Climate Action Plan, and consideration of hiring a full-time staff person dedicated to sustainability and climate action plan implementation.

13. City Manager Report

14. 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

JOINT CITY COUNCIL/
CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED
REDEVELOPMENT AGENCY
CLOSED SESSION
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

and

CITY ADMINISTRATIVE OFFICES
922 MACHIN AVENUE

January 10, 2017

(Closed session will convene upon adjournment of the open session.)

CLOSED SESSION AGENDA

A. CALL TO ORDER

1. Public Comment at 901 Sherman Avenue

2. Recess to Closed Session at 922 Machin Avenue

B. CLOSED SESSION

1. 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