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Council Meeting

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May 22, 2018


Novato City Hall Council Chamber Josh Fryday Mayor
901 Sherman Ave Pam Drew Mayor Pro Tem
Novato, CA 94945 Denise Athas Councilmember
City Phone: (415) 899-8900 Pat Eklund Councilmember
City Fax: (415) 899-8213 Eric Lucan Councilmember
City Website: Regan M. Candelario City Manager
Terrie Gillen City Clerk
Jeffrey A. Walter City Attorney


The City Council welcomes you to attend its regularly scheduled meeting. Regular meetings are scheduled on the second and fourh Tuesdays at 6:00 p.m. Please check the Calendar at for exact dates. Your interest is encouraged and appreciated. For information about Public Comment periods and protocols, please see more information below. 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, 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 live captioning is provided on the main screen in Council Chambers and closed captioning is available on TV, live internet streaming, and recorded internet & TV replays. The Council Chambers is also equipped with a Hearing Loop (aka "T-Coil"), focused under the large raised ceiling in the middle of the room. In addition, assistive listening receivers are available for checkout 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.

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922 Machin Avenue
Novato, California 94945
415.899.8900 main
415.899.8213 fax
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                                                                 CITY COUNCIL MEETING

                                                               to be held at                                                                                       

                                                                      NOVATO CITY HALL
                                                                     COUNCIL CHAMBERS
                                                                    901 SHERMAN AVENUE

                                                                              May 22, 2018
                                                                                   6:00 P.M.

                                                                      AMENDED A G E N D A




There is no item listed for this section.



1. Ceremonial Matter – Proclamation recognizing Sawyer Rassumen for his Eagle Scout Community Project

2. Ceremonial Matter – Proclamation recognizing Michael Fretz for his Eagle Scout Community Project

3. Ceremonial Matter – Monthly recognition of an Outstanding Novato Proud Resident, Business, and/or Veteran

4. Ceremonial Matter -  Proclamation recognizing Greek Cultural Week


6:20 P.M. (Time is approximate)




1. City Manager and City Council 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.


6:55 P.M. (Time is approximate)


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.

7:10 P.M. (Time is approximate)

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 May 8, 2018

 3. Authorize the City Manager to assign the Marin Museum of Contemporary Art (MarinMOCA) Artist-in-Residence Program Management and Subleasing to MarinMOCA

4. (1) Accept the construction work as complete and authorize the City Manager to sign the Notice of Completion for the Bahia Mini Parks Improvements, CIP Project No. 15-004; (2) Approve additional project plans; and (3) Adopt a budget resolution in the amount of $25,000 to cover the costs to furnish and install additional features at Park B to complete the project

 5. (1) Adopt resolutions in support of Proposition 68 (the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018), Proposition 69 (protection of the new transportation funding created by SB 1), and Senate Bill 3 (Veterans and Affordable Housing Bond); and (2) Adopt a resolution in opposition to the state ballot measure - Tax Fairness, Transparency and Accountability Act of 2018

 6. Authorize the Mayor to sign letters of opposition to Assembly Bill 2923 (San Francisco Bay Area Rapid Transit District: Transit-Oriented Development), Senate Bill 831 (Land Use: Accessory Dwelling Units), and Senate Bill 1469 (Land Use: Accessory Dwelling Units)



No items are listed for this section


7:15 P.M. (Time is approximate)


7. Hold a public hearing pertaining to Income-Based Rental Housing Discrimination; and introduce an ordinance amending the Novato Municipal Code to add a new Section 4-16 (Income-based Rental Housing Discrimination) and find that adoption thereof is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3)

 8. Hold a public hearing and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the Hillside Park Unit 4 Landscaping District A-91; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities

 9. Hold a public hearing and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the San Marin Landscaping District A-81; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities

 10. Hold a public hearing and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the San Pablo Subdivision Landscape and Lighting District A-03; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities

 11. Hold a public hearing and consider adopting a resolution confirming the assessment diagram, assessment roll, and assessments for the Wildwood Glen Subdivision Landscaping Assessment District C-91; CEQA Determination: Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities


8:00 P.M. (Time is approximate.)

 12. Consider and receive an analysis of options proposed by the Marin Museum of Contemporary Art (MarinMOCA) and give staff direction on related actions proposed by Councilmember Pat Eklund’s Proposed Agenda Item of September 20, 2017: Discuss and potentially take action to reduce MarinMOCA’s payments to the City of Novato for space occupied at the Hamilton Arts Center or assist in increasing their annual revenue by any of the following and/or other options- 1. Reduce the current space rent paid by MarinMOCA at the Hamilton Arts Center; 2. Provide an annual payment to MarinMOCA for current services rendered (e.g. placing art in City buildings, teaching art at schools, providing public art, etc.); 3. Increase the number of artist studios currently managed by MarinMOCA from 14 to at least 28 total studios; 4. Others

 13. Consider and possibly take action to adopt a resolution calling a recess from the regularly scheduled City Council meeting of August 14, 2018


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



I, Terrie Gillen, certify that on May 17, 2018, I caused to be posted the agenda of the open session of the May 22, 2018 regular 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 at

/Terrie Gillen/
Terrie Gillen, City Clerk


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