January 23, 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. Please note that Council Chambers is equipped with a Hearing Loop (aka "T-Loop"), under the raised ceiling in the middle of the room. In addition, assistive listening receivers are available for checkout at the meeting from the City Clerk.

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 23, 2018
5:00 P.M.

CLOSED SESSION AGENDA

A. CALL TO ORDER 

1. Public Comment at 922 Machin Avenue

2. Recess to Closed Session

B. CLOSED SESSION ITEMS

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

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property: APN 153-057-22 (City) and 153-057-23 (Sonoma Marin Area Rail Transit's - SMART)

City Negotiators: City Manager Regan M. Candelario, City Attorney Jeff Walter, and Public Works Director Russ Thompson

Negotiating Parties: Sonoma Marin Area Rail Transit District 

Under Negotiations: Price and Terms of Payment

C. ADJOURN CLOSED SESSION

NOVATO CITY COUNCIL

REGULAR MEETING

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE

January 23, 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: Novato Proud by Sherin Olivero
2. Ceremonial: Recognition of Hamilton Station Volunteers

D. APPROVAL OF THE FINAL AGENDA

6:20 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 June 6, 2017

3. Approve City Council special closed session minutes of October 30, 2017

4. Approve City Council regular meeting minutes of November 14, 2017

5. Approve City Council closed session minutes of January 9, 2018

6. Approve City Council regular meeting minutes of January 9, 2018

7. Authorize the City Manager to execute a lease with the Marin Museum of Contemporary Art (MarinMOCA) for an artist studio located at 789 Hamilton Parkway for the purpose of extending the Artist-in-Residence program for one year

H. UNFINISHED AND OTHER BUSINESS

No items are listed for this section

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

8. a. Hold a Public Hearing regarding the McPhail's Commercial Office Development Precise Plan; b. Approve a resolution adopting a Mitigated Negative Declaration for McPhail's Commercial Office Development pursuant to the California Environmental Quality Act; c. Approve a resolution adopting an Amendment to the General Plan Land Use Map from Business and Professional Office to Light Industrial Office; d. Introduce an ordinance amending the McPhail's Commercial Office Development Master Plan to amend zoning text applicable to allowed land uses in the Master Plan; and e. Adopt a resolution to extinguish text stating allowed land uses and floor area ratio in the McPhail's Commercial Office Precise Development Plan consisting of three buildings totaling approximately 61,900 square feet on a combined 4.9 acre site at 5400 Hannah Ranch Road, APN 153-220-16 & -19 
 

7:55 P.M. (Time is approximate.)
J. GENERAL BUSINESS

9. City Council to receive and file a report and to provide direction to staff regarding a prioritization of proposed projects; if any, future authorization and direction is given to allocate any portion of the approximate $1.15 million remaining of unallocated general fund balance from Fiscal Year 2016-2017

10. City Council to review and consider assigning and/or reassigning City Council members to various regional and local commissions, boards, and authorities upon which they serve

11. City Council to (a) conduct review (and change if necessary) agenda items scheduled for the upcoming 3 months, (b) review, agendize, and prioritize outstanding Council-Approved items over the next 3 months, and (c) review and take action regarding the following Proposed Agenda Items from City Council members:

Proposed Items:

1. Mayor Pro Tem Drew: Consider and take action to change the General Fund Reserve Policy from a maximum of 15% to a range of 15% to 20%.

2. Mayor Pro Tem Drew: Consider and take action to re-examine and potentially modify City's open space policies as they pertain to fire fuel management and fire prevention programs, particularly where open space abuts residences.

3. Councilmember Eklund: Discuss and take action in January or February 2018 to change when the Council Agenda packets (including staff reports) are publicly noticed and posted to no later than 5:00 pm on the Wednesday prior to the Tuesday City Council meeting

4. Councilmember 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.

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