January 9, 2018

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 OF NOVATO 922 Machin Avenue Novato, California 94945 415.899.8900 main 415.899.8213 fax www.novato.org

NOVATO CITY COUNCIL

CLOSED SESSION MEETING

to be held at

CITY OF NOVATO ADMINISTRATIVE OFFICES
922 MACHIN AVENUE
BAGET CONFERENCE ROOM

January 9, 2018
5:15 P.M.

CLOSED SESSION AGENDA

A. CALL TO ORDER

1. Public Comment at 922 Machin Avenue

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)

Emma Simmons v Dante Anthony Restivo, City of Novato, et al. 
Marin County Superior Court
Case No. CIV 1604541

C. ADJOURN CLOSED SESSION

NOVATO CITY COUNCIL

REGULAR MEETING

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

January 9, 2018
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 met in closed session to discuss Item B as listed on the Closed Session Agenda. 

C. CEREMONIAL MATTERS/PRESENTATIONS

1. Presentation: Presentation by Parks, Recreation and Community Services regarding the Special Events Program

D. APPROVAL OF THE FINAL AGENDA

6:15 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.

6:35 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.

6:45 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 CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 26, 2017

3. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 10, 2017

4. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 24, 2017

5. APPROVE CITY COUNCIL CLOSED SESSION MINUTES OF NOVEMBER 28, 2017

6. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 28, 2017

7. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 30, 2017

8. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 5, 2017

9. APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 12, 2017

10. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOVATO ADOPTING AMENDMENTS TO THE ATHERTON RANCH MASTER PLAN, ADOPTED BY CITY OF NOVATO ORDINANCE NO. 1435, TO RESCIND AND REPLACE ALL TEXT AND GRAPHICS ADDRESSING COMMERCIAL DEVELOPMENT ON PARCELS C AND D WITH ATHERTON PLACE (10702M), A MIXED-USE DEVELOPMENT PROJECT PROPOSED AT 7533 AND 7537 REDWOOD BOULEVARD, APNS 125-600-51 AND -52

11. ADOPTION OF AN ORDINANCE OF THE CITY OF NOVATO AMENDING SECTION 7-8 OF THE MUNICIPAL CODE RELATING TO TOBACCO RETAILERS

12. ADOPT A RESOLUTION TO

• APPROVE A BUDGET AMENDMENT IN THE TOTAL AMOUNT OF $150,000,
• APPROVE CEQA DETERMINATION AND FINDINGS,
• APPROVE PROJECT PLANS AND SPECIFICATIONS, AND 
• AUTHORIZE STAFF TO ADVERTISE FOR BIDS

FOR THE MARIN VALLEY MOBILE COUNTRY CLUB CLUBHOUSE EXTERIOR AND POOL FACILITY IMPROVEMENTS PROJECT: MVMCC PROJECT NO. 11-32

13. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND A CONSULTANT SERVICES AGREEMENT WITH RINCON CONSULTANTS IN THE AMOUNT OF $11,758.00 TO EXPAND THE CIRCULATION ANALYSES BEING PREPARED FOR A PROPOSED FLOOR AREA AMENDMENT INVOLVING THE NOVATO INDUSTRIAL PARK MASTER/PRECISE DEVELOPMENT PLAN, WHICH WILL BE PRESENTED IN THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE DRAFT NOVATO GENERAL PLAN 2035

14. ADOPT A RESOLUTION AMENDING THE FY 2017 / 2018 CAPITAL IMPROVEMENT BUDGET FROM $300,000 TO $388,400 FOR THE COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT UPGRADE AND VIDEO MANAGEMENT SYSTEM PROJECTS; APPROVE AN AGREEMENT WITH VAS SECURITY SYSTEMS, INC. FOR THE PURCHASE OF A NEW VIDEO MANAGEMENT SYSTEM FOR RECORDING, ARCHIVAL, AND PLAYBACK OF SURVEILLANCE VIDEO FOR THE ADMINISTRATIVE SERVICES BUILDING, CITY CORPORATION YARD, HILL GYMNASIUM, AND NOVATO POLICE DEPARTMENT FACILITIES IN AN AMOUNT NOT TO EXCEED $128,400.00; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND SIGN ALL REQUIRED DOCUMENTS

15. RECOGNIZE THE CITY MANAGER'S PERFORMANCE AND ADOPT A RESOLUTION APPROVING PAYMENT OF $5,000 FOR PERFORMANCE-BASED EVALUATION

16. APPROVE A RESOLUTION TO TRANSFER CERTAIN STREETLIGHTS FROM THE CITY OF NOVATO TO THE MARIN GENERAL SERVICES AUTHORITY (MGSA) AND TO DELEGATE AUTHORITY TO THE PUBLIC WORKS DIRECTOR TO TRANSFER CERTAIN STREETLIGHTS TO MGSA ON AN ONGOING BASIS

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

6:55 P.M. (Time is approximate.)
I. PUBLIC HEARING

17. HOLD A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION ACCEPTING THE RELINQUISHMENT OF THE NORTHERNMOST PORTION OF REDWOOD BOULEVARD WITHIN CITY LIMITS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

7:15 P.M. (Time is approximate.)
J. GENERAL BUSINESS

18. 1. DISCUSS THE CITY OF NOVATO PARTNERING WITH DOMINICAN UNIVERSITY TO PROVIDE PUBLIC SERVICE OPPORTUNITIES FOR NOVATO'S YOUTH, AND 2. PROVIDE DIRECTION TO STAFF TO DEVELOP A PARTNERSHIP WITH DOMINICAN UNIVERSITY AND TO APPROVE A PROGRAM BUDGET

19. 1. DISCUSS THE CITY OF NOVATO CHANGING ITS REGULARLY SCHEDULED COUNCIL MEETINGS FROM "TUESDAYS" OF EACH MONTH TO ONLY THE 2ND AND 4TH TUESDAYS OF THE MONTH, AND 2. TO CONSIDER RESCINDING RESOLUTION 2017-004 AND ADOPTING A NEW RESOLUTION OFFICIALLY SCHEDULING THE REGULAR COUNCIL MEETINGS TWICE A MONTH ON THE 2ND AND 4TH TUESDAYS.

20. DISCUSSION OF AND POTENTIALLY TAKE ACTION TO APPROVE THE PROPOSED WORKSHOP AND PUBLIC HEARING DATES AND TIMES FOR THE UPDATE OF THE CURRENT STRATEGIC PLAN FOR THE NEXT THREE-YEAR TERM OF 2018-2021

21. REVIEW, DISCUSS, AND MAKE CONTENT CHANGES TO THE LIST OF SIGNIFICANT AND PROPOSED CITY COUNCIL AGENDA ITEMS FROM JANUARY 2016 TO PRESENT, AND TAKE ACTION ON THE FOLLOWING PROPOSED AGENDA ITEMS FROM COUNCILMEMBERS

PROPOSED ITEMS:
1. MAYOR PRO TEMPORE PAM DREW: CONSIDER AND TAKE ACTION TO CHANGE GENERAL FUND RESERVE POLICY FROM A MAXIMUM OF 15% TO A RANGE OF 15% TO 20%

2. MAYOR PRO TEMPORE PAM DREW: CONSIDER AND TAKE ACTION TO RE-EXAMINE AND POTENTIALLY MODIFY THE CITY'S OPEN SPACE POLICIES AS THEY PERTAIN TO FIRE FUEL MANAGEMENT AND FIRE PROTECTION PROGRAMS, PARTICULARLY WHERE OPEN SPACE ABUTS RESIDENCES

3. COUNCILMEMBER PAT EKLUND: DISCUSS AND TAKE ACTION IN JANUARY OR FEBRUARY 2018 TO CHANGE WHEN THE COUNCIL AGENDA PACKETS (INCLUDING STAFF REPORTS) ARE PUBLICALLY NOTICED AND POSTED TO NO LATER THAN 5:00 PM ON THE WEDNESDAY PRIOR TO THE TUESDAY CITY COUNCIL MEETING

4. COUNCILMEMBER PAT EKLUND: DISCUSS AND TAKE ACTION IN JANUARY OR FEBRUARY 2018 TO INSTITUTE A TIME CERTAIN OF 11:00 PM FOR CLOSURE OF COUNCIL MEETINGS

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.

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