August 29, 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

CITY COUNCIL OF THE CITY OF NOVATO 
MEETING 
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
August 29, 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

Presentation: Honorary Mayor for the Day 
 

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

E. COUNCILMEMBER/CITY MANAGER REPORTS

Councilmember and City Manager reports on conferences and meetings, as needed
 

6:10 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.

6:15 P.M. (Time is approximate.)
G. CONSENT CALENDAR

1. RECEIVE THE EXPENDITURE APPROVAL LIST OF JULY 20, 2017

2. RECEIVE THE EXPENDITURE APPROVAL LIST OF AUGUST 16, 2017

3. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 13, 2017

4. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 20, 2017

5. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 27, 2017

6. APPROVE THE CITY COUNCIL MEETING MINUTES OF JULY 11, 2017

7. APPROVE THE CITY COUNCIL MEETING MINUTES OF JULY 25, 2017
 

8. ADOPT A RESOLUTION AUTHORIZING ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR THE SUBDIVISION KNOWN AS WALNUT MEADOW, PROJECT NO. 213-901

Adopt a resolution authorizing acceptance of subdivision improvements for the subdivision known as Walnut Meadow, project No. 213-901 in accordance with the Subdivision Improvement Agreement (SIA) for the project. Subdivider: Ryder Homes Investors, LLC.
 

9. ADOPT A RESOLUTION RESCINDING RESOLUTION NO. 44-02 AND ELIMINATING COLLECTION OF THE FIRE FACILITIES IMPACT FEE

Adopt a resolution rescinding Resolution No. 44-02 and amending the Community Development and Public Works fee schedule to eliminate the fire facilities impact fee.
 

10. ADOPT A RESOLUTION AUTHORIZING THE CITY MANGER TO ACCEPT A GRANT FROM THE DEPARTMENT OF JUSTICE FOR BULLET RESISTANT VESTS

Adopt a resolution authorizing the City Manager to accept an $8,000 grant from the Department of Justice (DOJ), if awarded, to purchase bullet resistant vests for department police officers and revising revenues and appropriations upon award of the grant.
 

11. AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT FOR SENATE BILL 562 (LARA AND ATKINS) - "THE HEALTHY CALIFORNIA ACT"

Authorize the Mayor to sign a letter of support for Senate Bill 562 (Lara and Atkins) "The Healthy California Act."
 

12. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: "THE BUDGET SQUEEZE: HOW WILL MARIN FUND ITS PUBLIC EMPLOYEE PENSIONS?"

Approve the response to the Grand Jury Report: "The Budget Squeeze: How Will Marin Fund its Public Employee Pensions?", and authorize the mayor to execute a letter of transmittal to the Marin County Grand Jury.
 

13. APPROVE THE PUBLIC ART ELEMENT FOR THE REDWOOD AND GRANT TRANSIT IMPROVEMENT PROJECT

Approve the etched glass partitions design element that Marin Transit incorporated into the Redwood and Grant Transit Improvement Project as meeting the standard for the public art requirement.
 

14. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. TO PROVIDE INTERIM ENGINEERING SERVICES FOR PRIVATE PROJECTS

Authorize the City Manager to sign an agreement with Coastland Civil Engineering, Inc.in the amount of $50,000 to provide interim engineering services for private projects.

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

I. PUBLIC HEARINGS

No items are listed for this section

6:20 P.M. (Time is approximate.)
J. GENERAL BUSINESS

15. DIRECTION TO STAFF ON SUPPORT FOR THE VETERANS OF FOREIGN WARS ROOF REPLACEMENT EFFORT

Provide direction to staff regarding support of community efforts to replace the failed roof at the VFW (Veterans of Foreign War) building, 844 Sweetser Avenue in Downtown Novato, in an amount not-to-exceed $5,000.

6:45 P.M. (Time is approximate.)
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS

16. APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS

Vote and make appointments to various Commissions, Committees and Boards.

L. WORK STUDY SESSION

No items are listed for this section.
 

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

CITY COUNCIL
CLOSED SESSION

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

and

CITY ADMINISTRATIVE OFFICES
922 MACHIN AVENUE

August 29, 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(d):

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

Name of case: RICK R. TUCKER, Plaintiff, v. SHALEE CUNNINGHAM, an individual; DONALD SCIOLI, an individual; NOVATO PUBLIC ACCESS TELEVISION, INC. aka "NPAT," a corporation; NOVATO UNIFIED SCHOOL DISTRICT, a public entity; CITY OF NOVATO, a public entity; DOES 1 through 50, inclusive, Defendants.

SUPERIOR COURT OF THE STATE OF CALIFORNIA 
COUNTY OF MARIN

Case No.: CIV 1401954