September 12, 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

September 12, 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. PRESENTATION: 4th of July Parade Winner

2. PROCLAMATION: Declaring the Week of October 1-8, 2017 as U.S. President Jimmy Carter Week

3. PRESENTATION: Novato Unified School District Update by Superintendent Jim Hogeboom

4. PRESENTATION: Novato Flood Control Zone No. 1 & Measure E by Liz Lewis

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.

1. Proposed Agenda Item: Discussion of formalizing the following requirements: if a City Council majority votes to place on a Council Agenda Schedule an item for placement at a future Council meeting, which was proposed by one of its members, then the City Clerk shall capture exactly that agenda item and place it on a Council Agenda Schedule for placement at a future Council meeting, with a footnote of a detailed history of how this item came to be, including who initiated the item and when was this item was first brought to Council. – Councilmember Eklund

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 JULY 25, 2017

2. APPROVE THE RESPONSE TO THE MARIN COUNTY GRAND JURY REPORT AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER OF TRANSMITTAL FOR: "PUBLIC ENGAGEMENT IN MARIN: A PATHWAY TO INCLUSIVE GOVERNANCE"

Approve the response to the Grand Jury Report: "Public Engagement in Marin: A Pathway to Inclusive Governance", and authorize the Mayor to execute a letter of transmittal to the Marin County Civil Grand Jury.

3. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2017/2018 OPERATING BUDGET TO RECLASSIFY A SENIOR OFFICE ASSISTANT POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT TO A PERMIT TECHNICIAN POSITION

Adopt a resolution to amend the Fiscal Year 2017/2018 operating budget to reclassify a Senior Office Assistant position to a Permit Technician position, and to increase the budget by approximately $6,936 annually to fund the proposed change.

4. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT AMENDMENT WITH LSA ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE NOVATO BOULEVARD IMPROVEMENTS PPROJECT: DIABLO TO GRANT, CIP# 01-004 IN THE AMOUNT OF $137,351.00

Authorize the City Manager to sign an agreement amendment with LSA Associates, Inc. to provide engineering services for the Novato Boulevard Improvements Project: Diablo to Grant (CIP Project No. 01-004) in the amount of $137,351.00.

5. ADOPT A RESOLUTION APPOINTING THE CITY TREASURER AS THE PUBLIC AGENCY RETIREMENT SERVICES PLAN ADMINISTRATOR

Adopt a resolution appointing the City Treasurer as the Plan Administrator for the City of Novato Public Agency Retirement Services (PARS) Post-Retirement Health Care Plan.

6. ADOPT A RESOLUTION REGARDING DEVELOPMENT IMPACT FEE REPORTS FOR 2014/15 AND 2015/16 AND ASSOCIATED FIVE YEAR FINDINGS AND RECEIVE AND FILE THE ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2014/15 AND 2015/16

Adopt a resolution adopting findings regarding the unspent balances of Development Impact Fee ("DIF") funds as of June 30, 2016, consistent with State law; and, receive and file the annual Development Impact Fee Report for fiscal years 2014/15 and 2015/16.

7. ADOPT A RESOLUTION REJECTING ALL BIDS AND AUTHORIZING RE-BID FOR THE RETAINING WALL REPLACEMENT SIMMONS LANE AND SUNSET PARKWAY, CIP PROJECT NO. 14-007

Adopt a resolution rejecting all bids received and authorizing re-bid for the Retaining Wall Replacement Simmons Lane and Sunset Parkway, CIP Project No. 14-007.

8. SELECTION OF CONSULTANT TO FACILITATE THE CITY MANAGER PERFORMANCE EVALUATION PROCESS

Authorize the Mayor to execute an agreement with Team Gaebler to provide facilitation services related to the City Manager's performance evaluation.

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

7:15 P.M. (Time is approximate)
I. PUBLIC HEARING

9. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE TO ADD SECTION 4-19 (ELECTRIC VEHICLE CHARGING SYSTEMS) SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THAT ADOPTION THEREOF IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTIONS 15268 AND 15061(B)(3)

7:30 P.M. (Time is approximate.)
J. GENERAL BUSINESS

10. AUTHORIZE THE MAYOR TO SIGN A LETTER ENDORSING THE TRANSITION TO 100% CLEAN AND RENEWABLE ENERGY

Authorize the Mayor to sign a letter joining over 140 other mayors throughout the United States, who are endorsing the transition to 100% clean and renewable energy in cities, towns, and communities across the country.

11. REVISE SCOPE OF GENERAL PLAN 2035 ENVIRONMENTAL IMPACT REPORT TO INCLUDE ANALYSIS OF POTENTIAL REVISIONS TO GENERAL PLAN AND ZONING CODE TO ACCOMMODATE POTENTIAL HIGHER FLOOR AREA RATIO (FAR) FOR HOTEL DEVELOPMENT IN THE NORTH REDWOOD BOULEVARD CORRIDOR OR CITYWIDE

Council to direct staff to include in the scope of services for the General Plan 2035 EIR analysis of possible revisions to the General Plan and Zoning Code to accommodate potential higher floor area ratio (FAR) for hotel development in the North Redwood Boulevard Corridor or citywide.

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.

No items are listed for this section.

L. WORK STUDY SESSION
No items are listed for this section.

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

NOVATO CITY COUNCIL

CLOSED SESSION

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS - 901 SHERMAN AVENUE

And

CITY ADMINISTRATIVE OFFICES
922 MACHIN AVENUE

September 12, 2017

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

CLOSED SESSION A G E N D A

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 – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Cal. Gov't Code section 54956.9(d)(2): one potential case

Initiation of litigation pursuant to Cal. Gov't Code section 54956.9(d)(4): one potential case
 

C. ADJOURNMENT