April 18, 2017

The City Council welcomes you to attend its meetings which are regularly scheduled on most Tuesdays at 6:00 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

NOVATO CITY COUNCIL MEETING
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

APRIL 18, 2017
6:00 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

1. PROCLAMATION – EARTH DAY

2. PROCLAMATION – CHILI COOKOFF

3. PRESENTATION – NOVATO STREETSCAPE COMMITTEE ANNUAL REPORT
Consider receiving the 2016 annual report from the Novato Streetscape Committee

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

E. COUNCILMEMBER/CITY MANAGER REPORTS

Councilmember reports on conferences and meetings, as needed (3 minutes maximum per Councilmember report).

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

7:15 P.M. (Time is approximate.)
G. CONSENT CALENDAR

1. RECEIVE EXPENDITURE APPROVAL LISTS OF MARCH 30 & APRIL13, 2017

2. RECEIVE ANNUAL HOUSING ELEMENT PROGRESS REPORT FROM STAFF AND THE PLANNING COMMISSION AND CONCUR IN THE SUBMISSION OF THE REPORT TO THE OFFICE OF PLANNING AND RESEARCH AND THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65400

Consider receiving and submitting, for filing, the 2016 Annual Housing Element (Chapter III of the City's General Plan) Progress Report from staff and the Planning Commission and concur in the submission of the report to the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) in accordance with California Government Code Section 65400.

3. ACCEPT WORK AS COMPLETE AND AUTHORIZE THE CITY MANAGER TO APPROVE A NOTICE OF COMPLETION FOR THE DELONG AVENUE AND IGNACIO BOULEVARD HIGHWAY INTERCHANGES RESURFACING CIP PROJECT NO. 13-003; FEDERAL-AID PROJECT NO. STPL-5361 (026)

Consider accepting the work as complete and authorizing the City Manager to approve a Notice of Completion for the DeLong Avenue and Ignacio Boulevard Highway Interchanges Resurfacing, CIP Project #13-003.

4. ACCEPT WORK AS COMPLETE AND AUTHORIZE THE CITY MANGER APPROVE A NOTICE OF COMPLETION - SAFE PATHWAYS TO SCHOOLS CROSSWALK IMPROVEMENTS CIP PROJECT NO. 16-008 AND SAFE PATHWAYS TO SCHOOLS RADAR SPEED FEEDBACK SIGNS CIP PROJECT NO. 16-009

Consider accepting the work as complete and authorizing the City Manager to approve a Notice of Completion for the Safe Pathways to Schools Crosswalk Improvements and Radar Speed Feedback Signs, CIP projects 16-008 and 16-009.

5. APPROVE MINUTES FROM FEBRUARY 28, 2017 CITY COUNCIL MEETING

Approve minutes of the February 28, 2017 City Council Meeting

6. ADOPT A RESOLUTION TO APPROVE THE ADDITION OF A SUSTAINABILITY PROGRAMS COORDINATOR I/II TO THE CITY'S CLASSIFICATION PLAN

Consider adopting a resolution to approve the following actions:

1. Amend Resolution 57-94 adopting the City of Novato Classification Plan to add the classifications of Sustainability Programs Coordinator I/II and approve the classification specification for the position;

2. Approve the salary ranges for Sustainability Programs Coordinator I/II classifications;

3. Amend the Unit D (General Employees) Memorandum of Understanding to include the titles and salary ranges for the Sustainability Programs Coordinator I/II; and

4. Add the Sustainability Programs Coordinator I/II position to the City's conflict of interest code.

7. REVIEW AND APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BID FOR CIP PROJECT #12-017 – HAMILTON LEVEE SEEPAGE COLLECTION PHASE II, AND FIND THE PROJECT EXEMPT FROM CEQA PURSUANT TO GUIDELINES SECTION 15301; EXISTING FACILITIES

Consider approving plans and specifications and authorizing a bid advertisement for the Hamilton Levee Seepage Collection Phase II, CIP Project # 12-017, including a finding that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Cal. Code of Regulations Title 14, Chapter 3, (CEQA Guidelines) Section 15301, Existing Conditions.

8. AUTHORIZE THE CITY MANAGER TO SIGN AND SEND A LETTER OF OPPOSITION TO SB 35 (WIENER) – AFFORDABLE HOUSING-STREAMLINED APPROVAL PROCESS

Consider authorizing the City Manager to sign a letter of opposition to SB 35 (Wiener) that would pre-empt local discretionary land use authority and that would make approvals of multi-family developments and accessory dwelling units that meet inadequate criteria, "ministerial" actions. This action has been recommended by the League of California Cities.

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

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

I. PUBLIC HEARINGS

9. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO AMENDING SECTION 2-3.2 "MUNICIPAL ELECTIONS" OF THE NOVATO MUNICIPAL CODE TO CHANGE THE DATE OF THE GENERAL MUNICIPAL ELECTION TO NOVEMBER FROM ODD NUMBERED YEARS TO EVEN NUMBERED YEARS; AND ADOPTING A PLAN TO PHASE IN THE SHIFT TO EVEN-YEAR ELECTIONS BY ELECTING OFFICE HOLDERS IN 2017 AND 2019 TO SERVE 5-YEAR TERMS, RETURNING TO 4-YEAR TERMS IN THE 2022 AND 2024 ELECTIONS

Consider conducting a Public Hearing to consider and take action relating to a first reading and introduction of an ordinance of the City Council of the City of Novato amending Section 2-3.2 "Municipal Elections" of the Novato Municipal Code to change the date of the General Municipal Election to November from odd numbered years to even numbered years; and adopting a plan to phase in the shift to even-year elections by electing office holders in 2017 and 2019 to serve 5-year terms, returning to 4-year terms in the 2022 and 2024 elections.

J. GENERAL BUSINESS

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

10. CONSIDER ADOPTING A RESOLUTION: 1) APPROVING THE RESTRUCTURING OF MANAGEMENT POSITIONS, ROLES AND RESPONSIBILITIES WITHIN THE CENTRAL ADMINISTRATION, ADMINISTRATIVE SERVICES AND PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENTS, INCLUDING THE ELIMINATION OF THE PUBLIC ENGAGEMENT AND COMMUNICATIONS MANAGER, ECONOMIC DEVELOPMENT MANAGER AND PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR POSITIONS, AND THE CREATION OF A SECOND ASSISTANT CITY MANAGER POSITION, A SENIOR MANAGEMENT ANALYST POSITION, A MANAGEMENT ANALYST II POSITION, AND AN OFFICE ASSISTANT II POSITION; AND 2) AMENDING RESOLUTION 57-94 ADOPTING THE CITY OF NOVATO CLASSIFICATION PLAN TO UPDATE THE CLASSIFICATION SPECIFICATION FOR THE ASSISTANT CITY MANAGER POSITION

Consider adopting a resolution: 1) approving the restructuring of management positions, roles and responsibilities within the Central Administration, Administrative Services and Parks, Recreation and Community Services Departments, including the elimination of the Public Engagement and Communications Manager, Economic Development Manager and Parks, Recreation and Community Services Director positions and the creation of a second Assistant City Manager position, a Senior Management Analyst position, a Management Analyst II position, and an Office Assistant II position; and 2) amending Resolution 57-94 adopting the City of Novato Classification Plan to update the classification specification for the Assistant City Manager position.

11. CONDUCT A WORKSHOP TO REVIEW CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR FISCAL YEAR 2017/18

Consider, review and receive information regarding the proposed Capital Improvement Program (CIP) Budget for Fiscal Year 2017/18 and provide initial comments in preparation for the May 9th Council meeting where Council will provide direction to prepare the Fiscal Year 2017/18 Budget for public hearing, review and adoption in June.

12. REVIEW OF THE DRAFT GENERAL PLAN 2035 – PUBLIC INPUT SUMMARY AND FEEDBACK ON THE ENVIRONMENTAL LEGACY, LIVING WELL, AND ECONOMIC VITALITY CHAPTERS PROVIDE DIRECTION TO STAFF RELATING TO EDITS TO THE GENERAL PLAN

Consider reviewing the public input received to date and suggested edits, and provide direction on any desired edits to staff, regarding the Draft General Plan Environmental Legacy, Living Well and Economic Vitality chapters.
 
K. 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.

L. WORK STUDY SESSION

No items are listed for this section.

10:15 P.M. (Time is approximate.)
M. ADJOURNMENT
 

COUNCIL TO CONVENE TO CLOSED SESSION

CITY COUNCIL
CLOSED SESSION
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

and

CITY ADMINISTRATIVE OFFICES
922 MACHIN AVENUE

April 18, 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. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:

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

Name of Case: Pacific Gas & Electric vs. City of Novato, et al – Case No. CIV1700980

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - OBJECTIVES SETTING AND EVALUATION TOOL

Title: City Manager