July 25, 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

July 25, 2017
6:00 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

PRESENTATION – Margie Burke Speech Contest Award Winners
PROCLAMATION – Novato Space Station Museum – Ken Winans
PROCLAMATION – Parks & Recreation Month – Kevin Conklin

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.

E.1 - City Manager Report
E.2 - Councilmember Reports

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.

G. CONSENT CALENDAR

1. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 9, 2017

2. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 16, 2017

3. APPROVAL OF CITY COUNCIL MEETING MINUTES FROM MAY 23, 2017

4. ADOPT A RESOLUTION TO FIND THAT THE MARIN VALLEY MOBILE COUNTRY CLUB TRANSFORMER REPLACEMENT QUALIFIES AS AN EMERGENCY THAT WILL NOT PERMIT DELAY IN RESPONSE UNDER CALIFORNIA PUBLIC CONTRACTING CODE SECTIONS 1102 AND 22050(A)(2), AND AUTHORIZE THE CITY MANAGER TO PROCURE REPLACEMENT TRANSFORMERS AND THE SERVICES REQUIRED FOR INSTALLATION PURSUANT TO CALIFORNIA PUBLIC CONTRACTING CODE SECTION 22050(A)(1)

Adopt a resolution to find that the MVMCC transformer replacement qualifies as an emergency that will not permit delay in response under California Public Contracting Code Sections 1102 and 22050(a)(2), and authorize the City Manager to procure replacement transformers and the services required for installation pursuant to California Public Contracting Code Section 22050(a)(1).

5. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL ADOPTING AN AMENDMENT OF THE ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R1-7.5 TO PLANNED DISTRICT (PD) AND APPROVE THE OAKMONT SENIOR LIVING OF NOVATO MASTER PLAN TO ALLOW FOR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AS THE ASSIGNED LAND USE FOR A PORTION OF THE PARCEL AT 1461 SOUTH NOVATO BLVD., APN 151-022-09 IN ACCORDANCE WITH THE CITY OF NOVATO MUNICIPAL CODE, CHAPTER XIX, AND THE CONSERVATION AND PLANNING LAW OF THE STATE OF CALIFORNIA

Adoption of an ordinance for the Oakmont Senior Living of Novato Master Plan and amendment of the Zoning Map as introduced at the July 11, 2017 City Council Meeting Public Hearing.

6. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR "MARIN'S RETIREMENT HEALTH CARE BENEFITS: THE MONEY STILL ISN'T THERE"

Approve a response to the Marin County Grand Jury report "Marin's Retirement Health Care Benefits: The Money Still Isn't There" and authorize the Mayor to sign the submission letter.

7. ADOPT A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE HAMILTON LEVEE SEEPAGE COLLECTION PHASE 2-CIP PROJECT NO. 12-017, AS A FORCE ACCOUNT CONTRACT TO COASTSIDE CONCRETE AND CONSTRUCTION INC., AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT

CEQA – EXEMPT FROM CEQA PURSUANT TO GUIDELINES SECTION 15301-EXISTING FACILITIES

Adopt a resolution awarding the construction contract for the Hamilton Levee Seepage Collection Phase 2 Project, CIP Project No. 12-017, for a total amount not to exceed $575,000 as a force account contract to Coastside Concrete and Construction Inc., as the lowest responsible bidder submitting the lowest responsive bid, and authorizing the City Manager to execute the contract.

8. ADOPT A RESOLUTION TO AMEND THE 17/18 CAPITAL IMPROVEMENT PROGRAM BUDGET TO MODIFY THE FUNDING SOURCE OF CAPITAL IMPROVEMENT PROJECT NO. 18-006, DOWNTOWN SONOMA-MARIN AREA RAIL TRANSIT STATION PHASE II, FROM A LOAN FROM THE HAMILTON TRUST TO CITY FUNDS FROM TWO SOURCES: THE EQUIPMENT REPLACEMENT FUND (605) AND THE EMERGENCY AND DISASTER RESPONSE RESERVE (299)

Adopt a resolution to amend the FY 17/18 CIP Budget to modify the funding source of CIP Project No. 18-006, Downtown SMART Station Phase II to eliminate and replace the budgeted $1,305,284 loan from the Hamilton Trust with $1,300,000 of City funds from two sources: $1,000,000 of unallocated funds from the Equipment Replacement Fund (605) and $300,000 from the Emergency and Disaster Response Reserve (299) for a net funding decrease of $5,284 for the project. The net funding decrease will not impact delivery of the project.

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

I. PUBLIC HEARINGS

No items are listed for this section.

J. GENERAL BUSINESS
7:05 P.M. (Time is approximate.)

9. COMMUNITY GARDEN UPDATE AND FUTURE LIEB PROPERTY CONSIDERATION AS A POTENTIAL LOCATION OF THE COMMUNITY GARDEN AT 1521 HILL ROAD, ACROSS FROM THE MARGARET TODD SENIOR CENTER AND HILL RECREATION AREA

Receive an update on latest discussions with the Novato Live Well Network regarding potential locations for the proposed Community Garden, including a potential site at the recently acquired Lieb Property, and provide direction on whether to consider the Lieb Property as a potential site for a Community Garden and discuss community outreach and potential next steps.

10. STRATEGIC PLAN UPDATE, PROPOSED SCHEDULE, AND REVIEW OF THE PROCESS TO ADDRESS THE CITY-OWNED FEDERAL LANDS TO PARKS SITES IN HAMILTON, STRATEGIC PLAN ITEM 3C

Receive an update regarding the current Strategic Plan from Staff including the proposed schedule for the upcoming Strategic Plan and review the process to address the City-owned Federal Lands to Parks sites in Hamilton (Item 3C).

11. APPROVE A RESOLUTION APPOINTING PERSONS TO WRITE THE ARGUMENT IN FAVOR OF MEASURE REVISING THE URBAN GROWTH BOUNDARY MEASURE ON THE NOVEMBER 2017 BALLOT

Review and approve a resolution authorizing a Councilmember(s) (and/or others) to submit an argument in favor of the amendment to the General Plan to revise the Urban Growth Boundary measure on the November 2017 ballot.

12. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF SUPPORT FOR ASSEMBLY BILL 435 (THURMOND) – CHILD CARE SUBSIDY PLANS: COUNTIES OF ALAMEDA, CONTRA COSTA, MARIN, AND SONOMA

Authorize the City Manager to sign a Letter of Support for AB 435 (Thurmond) – Child Care Subsidy Plans. Item was carried over from the July 11, 2017 Council Meeting.

13. AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF OPPOSITION TO SENATE BILL 649 (HUESO) – WIRELESS TELECOMMUNICATIONS FACILITIES

Authorize the City Manager to sign a Letter of Opposition for SB 649 (Hueso) Wireless Telecommunications Facilities which would allow the installation of "small cell" wireless equipment. Item was carried over from the July 11, 2017 Council Meeting.

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.

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