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City Council Closed Session at 5:15pm - Regular Session begins at 6pm

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**PLEASE NOTE: THIS MEETING WILL TAKE PLACE AT NOVATO UNIFIED SCHOOL DISTRICT, 1015 7th STREET

November 28, 2017

 

Novato Unified School District Denise Athas Mayor
1015 7th Street Josh Fryday Mayor Pro Tem
Novato, CA 94945 Pam Drew Councilmember
City Phone: (415) 899-8900 Pat Eklund Councilmember
City Fax: (415) 899-8213 Eric Lucan Councilmember
City Website:www.novato.org Regan M. Candelario City Manager
Terrie Gillen City Clerk
Jeffrey A. Walter City Attorney

 

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:

City Offices: 922 Machin Avenue, Monday through Thursday from 9:00 a.m. to 5:00p.m.


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.

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NOVATO CITY COUNCIL

CLOSED SESSION MEETING

to be held at the

NOVATO UNIFIED SCHOOL DISTRICT
1015 7th STREET, ROOM 107

November 28, 2017
5:15 P.M.

CLOSED SESSION AGENDA

 

A. CALL TO ORDER

1. Public Comment

2. Recess to Closed Session

 

B. CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):

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

Granucci v. City of Novato, Case No. CIV 1602132

 

 

NOVATO CITY COUNCIL

REGULAR MEETING

to be held at the

NOVATO UNIFIED SCHOOL DISTRICT
BOARD ROOM
1015 7th STREET

November 28, 2017
6:00 P.M.

A G E N D A

 

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

 

B. CLOSED SESSION ANNOUNCEMENT

The City Council to report out on Item B as listed on the Closed Session Agenda. 

 

C. CEREMONIAL MATTERS/PRESENTATIONS

Proclamation: Recognizing Dan Weakley, newly retired and the former City of Novato Human Resources Manager for the last 20 years 

Presentation: Welcoming the new Habitat for Humanity Residents

Presentation: Novato Fire Protection District Update provided by Fire Chief Mark Heine

 

D. APPROVAL OF THE FINAL AGENDA

 

6:35 P.M. (Time is approximate)
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER

Each Council member and the City Manager have three (3) minutes each to report on any item regarding conferences or meetings, or his/her activities as needed.

 

6:55 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.

 

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

1. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION OF ORDINANCES BY TITLE ONLY

This is a standard procedural action to waive any readings of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety.


2. APPROVE AN AMENDMENT TO THE AGREEMENT WITH CITY MANAGER REGAN M. CANDELARIO

 

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

 

7:05 P.M. (Time is approximate.)
I. PUBLIC HEARINGS

3. HOLD A PUBLIC HEARING, CONSIDER AND POSSIBLY TAKE ACTION TO ADOPT A RESOLUTION ACCEPTING AND APPROVING THE 2017 DOWNTOWN NOVATO BUSINESS IMPROVEMENT DISTRICT (BID) ANNUAL REPORT AND 2018 BUDGET AND CONFIRMING THE LEVY OF BID ASSESSMENTS FOR CALENDAR YEAR 2018, AND POSSIBLY TAKE ACTION TO ADOPT A RESOLUTION AMENDING THE CITY'S FISCAL YEAR 2017/18 BUDGET IN THE AMOUNT OF $54,442 TO CREATE A $1 FOR $1 CITY MATCH FOR ALL BID LEVIES COLLECTED


4. HOLD A PUBLIC HEARING, CONSIDER AND POSSIBLY TAKE ACTION TO INTRODUCE AN ORDINANCE REAUTHORIZING THE CABLE PEG (PUBLIC, EDUCATIONAL, AND GOVERNMENTAL) CHANNEL SUPPORT FEE FOR ALL STATE FRANCHISES WITH EXPIRING FRANCHISES THAT HAVE BEEN OR ARE BEING RENEWED SINCE THE TIME THAT THE PEG FEE WAS IMPLEMENTED BY ORDINANCE NUMBER 1535 IN 2008; AND ADOPT THE REAUTHORIZATION OF THIS ORDINANCE AT A FUTURE CITY COUNCIL MEETING

 

7:35 P.M. (Time is approximate.)
J. GENERAL BUSINESS

5. CONSIDER AND POSSIBLY TAKE ACTION TO ADOPT A RESOLUTION TO MERGE THE NOVATO POLICE DEPARTMENT CRISIS RESPONSE UNIT (CRU) WITH THE SAN RAFAEL POLICE DEPARTMENT CRISIS RESPONSE UNIT AND AUTHORIZE THE CITY MANAGER TO SIGN THE MOU WITH THE CITY OF SAN RAFAEL TO MERGE THE TWO UNITS; THE NAME OF THE NEW UNIT WILL BE THE SAN RAFAEL NOVATO REGIONAL CRISIS RESPONSE UNIT


6. CONSIDER TAKING THE FOLLOWING ACTIONS REGARDING THE CITY'S FISCAL YEAR 2016-2017 UNASSIGNED GENERAL FUND BALANCE SURPLUS:

1.

ADOPT A RESOLUTION APPROVING AN ALLOCATION STRATEGY FROM THE FISCAL YEAR 2016-2017 UNASSIGNED FUND BALANCE SURPLUS TO FUND A ONE-TIME DISTRIBUTION PAYMENT OF $225,000 TO CITY STAFF AS PART OF AN EMPLOYEE RECOGNITION PROGRAM;

2.

DIRECT STAFF TO ESTABLISH AN IRREVOCABLE TRUST, WITH AN INITIAL DEPOSIT OF $450,000 AS PART OF A FISCAL STRATEGY TO ADDRESS THE CITY'S UNFUNDED LIABILITY PENSION COSTS, WHICH IS CURRENTLY $46 MILLION DOLLARS; AND

3.

DIRECT STAFF TO DEVELOP A LIST OF PROJECTS TO BE FUNDED WITH THE REMAINING BALANCE OF THE UNASSIGNED FUND BALANCE.

 

7. CITY COUNCIL DISCUSSION AND DIRECTION TO STAFF REGARDING CITY-OWNED VACANT AND/OR UNDERUTILIZED PARCELS AT HAMILTON, INCLUDING:

• Town Center (including former Theater), APN 157-690-47
• Commissary site, APN 157-970-03
• Old Gym Parking Lot, APN 157-690-37
• Hamilton Parkway and Palm Drive, APN 157-180-47
• Bachelor Officer's Quarters/Officer's Club/Old Gym site, APN 157-690-53
• Main Gate Road Parcel (adjacent to Hamilton School), APN 155-011-21
• HUD Parcel (north of Commissary site), APN 157-970-07
• Parcel along the creek/drainageway, east of Hamilton School, APN 155-500-66
• Christmas Tree Hill, APN 157-720-02
• Ammo Hill/Skate Park, APN 157-180-79
• Reservoir Hill, APN 157-180-53
• Parcel north of Reservoir Hill, APN 157-180-72
• B Street Parcel (north of SMART station), APN 157-860-04

A. DISCUSSION AND DIRECTION TO STAFF ON OPTIONS RELATING TO GENERAL PLAN, ZONING, AND OTHER PUBLIC PLANNING PROCESSES FOR SAID PARCELS

B. DISCUSSION AND DIRECTION RELATING TO STRATEGIC PLAN ECONOMIC VITALITY - OBJECTIVE #3(c) WHICH READS "REMOVE BLIGHT, RESTORE HISTORIC STRUCTURES, GENERATE REVENUE, AND UTILIZE CITY-OWNED PROPERTIES IN HAMILTON," INCLUDING THE INTENT OF THE OBJECTIVE, THE PROPERTIES TO WHICH IT IS APPLICABLE, AND OPTIONS FOR IMPLEMENTATION OF THE OBJECTIVE 

 

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.

 

11:00 P.M. (Time is approximate.)
M. ADJOURNMENT

 

 

AFFIDAVIT OF POSTING

I, Terrie Gillen, certify that on November 22, 2017, I caused to be posted the agendas of the closed and open sessions of the November 28, 2017 meeting of the City Council of the City of Novato, California, on the City Community Service Board in the Police Department and on the City's website atwww.novato.org.

/Terrie Gillen/
Terrie Gillen, City Clerk

 

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