**PLEASE NOTE: THIS MEETING WILL TAKE PLACE AT MARGARET TODD SENIOR CENTER, 1560 HILL ROAD

December 5, 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.

NOVATO CITY COUNCIL

REGULAR MEETING

to be held at the

MARGARET TODD SENIOR CENTER
1560 HILL ROAD

December 5, 2017
6:00 P.M.

A G E N D A

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

B. CLOSED SESSION ANNOUNCEMENT

There is no Closed Session scheduled.

C. CEREMONIAL MATTERS/PRESENTATIONS

Presentation: Morgan Byers, Mayor for a Day

Proclamation: Recognizing the Hamilton SMART Volunteers for Improving the Landscape

D. APPROVAL OF THE FINAL AGENDA

6:05 P.M. (Time is approximate)
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER

1. CITY COUNCIL & CITY MANAGER REPORTS

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.

2. PROPOSED AGENDA ITEM – MAYOR ATHAS

Request to agendize for a future meeting a discussion on changing the schedule of meetings to 2 meetings per month – preferably the 2nd and 4th Tuesday of the month as we know that the school district has their meetings on the 1st and 3rd Monday. Meeting dates to change in January and then going forward.

3. PROPOSED AGENDA ITEM – MAYOR PRO TEM FRYDAY

Request to agendize for a future meeting in January a Council discussion on a program to build upon our summer internship program for high school students, by exploring ways to pilot a small program this year that provides paid summer and/or year-long service opportunities with the city for young people who graduate from a high school in Novato and wish to serve. A program of this type would provide great value to our citizens, set an example for providing service opportunities for young people, and honor Novato's deep history of service.

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.

7:00 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. ADOPT A RESOLUTION ACCEPTING THE RESULTS OF THE CANVASS OF ELECTION RETURNS OF THE LOCAL DISTRICT ELECTION HELD ON NOVEMBER 7, 2017 AND DECLARING THE RESULTS THEREOF

3. AWARD THE CONSTRUCTION CONTRACT FOR THE PEDESTRIAN ACCESS TO TRANSIT & CROSSWALK IMPROVEMENTS, CIP PROJECT NUMBER 18-002 FOR THE BASE BID IN THE TOTAL AMOUNT OF $261,625.90 TO DC ELECTRIC GROUP INC. AS THE LOWEST RESPONSIBLE BIDDER SUBMITTING THE LOWEST RESPONSIVE BID, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

CEQA: FIND THAT THIS PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTIONS 15301 AND 15302 OF THE CEQA GUIDELINES AS EXISTING FACILITIES

4. ADOPT A RESOLUTION ACCEPTING A $97,000 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS), REVISING APPROPRIATIONS AND REVENUES TO RECOGNIZE THE GRANT FUNDING FROM OTS, AND AUTHORIZING THE POLICE DEPARTMENT TO UTILIZE THE GRANT TO CONTINUE ITS EDUCATION AND ENFORCEMENT OF TRAFFIC RELATED LAWS IN AN ATTEMPT TO REDUCE INJURY AND FATAL TRAFFIC COLLISIONS

5. ADOPT A RESOLUTION AUTHORIZING THE TRANSFER OF THE DEPOSITED SURETY CLAIM SETTLEMENT CHECK IN THE AMOUNT OF $97,400.83 FROM THE RESTRICTED REVENUE FUND TO THE BAHIA MINI PARKS IMPROVEMENTS PROJECT, CIP PROJECT NO. 15-004 FOR COMPLETION OF THE REMAINING WORK

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

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

6. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING THE NOVATO MUNICIPAL CODE (CHAPTER XIX – ZONING SECTIONS 19.20, 19.30, 19.34, AND 19.60) TO REVISE THE STANDARDS AND REQUIREMENTS APPLIED TO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AS REQUIRED FOR CONSISTENCY WITH NEW CALIFORNIA LAW AND FINDING THE AMENDMENTS TO BE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15282(H)

7. HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING THE ATHERTON RANCH MASTER PLAN, ADOPT A RESOLUTION AMENDING THE ATHERTON RANCH PRECISE DEVELOPMENT PLAN AND ADDRESSING DESIGN REVIEW, ADOPT A RESOLUTION APPROVING A VESTING TENTATIVE MAP, ADOPT A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT, AND ADOPT A RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR ATHERTON PLACE, A MIXED-USE DEVELOPMENT COMPRISED OF 50 TOWNHOME-STYLE RESIDENTIAL CONDOMINIUMS AND 1,340 SQUARE-FEET OF RETAIL SPACE

8. HOLD A PUBLIC HEARING AND ADOPT AN URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE OUTDOOR AND INDOOR CULTIVATION OF MEDICINAL CANNABIS, EXCEPT UNDER CERTAIN CIRCUMSTANCES, AND ON COMMERCIAL CANNABIS ACTIVITIES EXCEPT FOR CB LABS, LIPOSOME FORMULATIONS AND DELIVERIES OF MEDICINAL CANNABIS FROM OUT-OF-CITY BUSINESSES (UNDER CERTAIN CONDITIONS), AND MAKE FINDINGS THAT THE ADOPTION OF SAID ORDINANCE IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061, AMONG OTHER PROVISIONS

9. HOLD A PUBLIC HEARING FOR THE ORDERING OF PROHIBITION OF EXCAVATION IN THE TRAVELED WAY FOR THE MEASURE A GROUP 10 PAVEMENT REHABILITATION PROJECT, CIP NO. 18-001 AND VINEYARD ROAD IMPROVEMENTS PROJECT, CIP NO. 15-017, PURSUANT TO CHAPTER 15-2.54 OF THE CITY OF NOVATO MUNICIPAL CODE, AND ADOPT A RESOLUTION THAT OVERRULES ALL PROTESTS AND PROHIBITS EXCAVATION UPON FINAL COMPLETION OF THE PAVING IN THE TRAVELED WAY OF THE FOLLOWING STREETS:

9:00 P.M. (Time is approximate.)
J. GENERAL BUSINESS

10. CONSIDER AND POSSIBLY TAKE ACTION TO INTRODUCE AN ORDINANCE AMENDING SECTION 7-8 OF THE NOVATO MUNICIPAL CODE RELATED TO THE SALE OF TOBACCO AND TOBACCO-RELATED PRODUCTS IN THE CITY AND DELAYING PORTIONS OF ENFORCEMENT AND IMPLEMENTATION OF THE ORDINANCE, AND MAKING FINDINGS THAT ADOPTION THEREOF IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND 15308

11. CONSIDER AND POSSIBLY TAKE ACTION TO ADOPT A RESOLUTION APPROVING A LICENSE AGREEMENT FOR THE USE OF THE HUD PARCEL (APN: 157-970-07) AND STRUCTURE (816 STATE ACCESS ROAD) FOR ACTIVITIES OF THE DOWNTOWN STREETS TEAM, INCLUDING THE USE AND STORAGE OF MOBILE SHOWERS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; INCLUDING FINDINGS THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15301 (EXISTING FACILITIES), 15332 (INFILL), AND 15061(B)(3)

12. CONSIDER AND POSSIBLY TAKE ACTION TO APPROVE AGREEMENT AND RELEASE OF CLAIMS BETWEEN CB LABS NOVATO, LLC, AND CITY OF NOVATO SETTING FORTH CONDITIONS FOR OPERATION OF CANNABIS TESTING LABORATORY AT 1615 HILL ROAD AND MAKING FINDINGS THAT SAME IS EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15301, AMONG OTHER PROVISIONS

13. REORGANIZE THE COUNCIL PURSUANT TO THE LOCAL DISTRICT ELECTION ON NOVEMBER 7, 2017

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.

10:00 P.M. (Time is approximate.)
M. ADJOURNMENT