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Council Meeting Closed Session at 4:30 PM and Regular Session at 6:00 PM

City Council Agenda Logo



August 28, 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 meetings which are regularly scheduled on the second and fourth Tuesdays of each month 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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to be held at


     August 28, 2018      
4:30 P.M.



1. Public Comment at 922 Machin Avenue

2. Recess to Closed Session


      1. Conference with Legal Counsel – Anticipated Litigation

    Significant Exposure to Litigation pursuant to paragraph 2 of subdivision (d) of section 54956.9

    Two potential cases

    2. Conference with Legal Counsel – Anticipated Litigation

      Initiation to Litigation pursuant to paragraph 4 of subdivision (d) of section 54956.9

      One potential case



      to be held at


      August 28, 2018
      6:00 PM

      A G E N D A






      1. Ceremonial Matter – Proclamation recognizing Susan Stompe for her leadership and community service


      6:05 PM (Time is approximate)


      1. 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 from Mayor Josh Fryday

      Agendize before the end of the year, discussion and possible actions regarding opportunities for Novato to reduce the use of plastic straws.

      3. Proposed Agenda Item from Mayor Pro Tempore Pam Drew

      Request for discussion of and action on a $10,000 allocation for the 18/19 Novato Independent Elders Program. This request should be acted on soon since the funds apply to the 18/19 funding cycle.

      4. Proposed Agenda Item from Councilmember Pat Eklund

      Place an agenda item on a City Council Meeting in October or November to receive a report on Novato’s current residential permitting and inspection programs for home improvements; provide direction on areas to improve; and, periodically assess effectiveness.

      6:35 PM (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.

      6:50 PM (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 (I-14), so that the City Council does not have to read the ordinance in its entirety.

      2. Approve the minutes of the July 24 City Council meeting

      3. Approve the minutes of the August 13 special City Council meeting

      4. Adopt a resolution authorizing the City Manager to execute a contract extension and modifications with Hello Housing for the administration of the City’s Below Market Rate Housing Program, including monitoring of affordable rental units

      5. Adopt a resolution formally approving the Marin Valley Mobile Country Club (MVMCC) Rent Deferral Program documents, authorize the City Manager to enter into a three-year contract with Hello Housing to administer the program, approve an amendment to the MVMCC budget, and appropriate and authorize the expenditure of up to $25,000 for the first year, and $17,500 for the second and third year, to be paid half from the City affordable housing fund and half from MVMCC

      6. Adopt a resolution approving the First Amendment to the Restated and Amended Marin Valley Mobile Country Club (MVMCC) Delegation Agreement and Authorizing the City Manager to execute same

      7. Adopt a resolution to approve an encroachment agreement with PG&E and authorizing the City Manager to execute same

      8. Receive and file the executed final Release and Settlement Agreement regarding the outdoor dining area at Finnegan’s

      9. Approve Management Partners’ August 9, 2018 letter proposal to provide facilitation services for the performance evaluations of the City Attorney and City Manager, and authorize the City Manager to sign the letter on behalf of the City Council

      10. Adopt a resolution to (1) accept $617,000 of federal dollars from the Metropolitan Transportation Commission for the Downtown SMART Station Phase 2 (“Phase 2”) project, (2) authorize the transfer of a $500,000 federal grant from the Downtown SMART Station Phase 3 (“Phase 3”) project to the Phase 2 project, and (3) approve a budget amendment to exchange the federal funding with local funds to be expended on the project

      11. 1) Adopt a resolution approving a contract with Hinderliter, de Llamas and Associates (HdL) for sales and use tax analysis and audit and recovery services and authorizing the City Manager to execute same, and 2) Adopt a resolution authorizing access for examination of sales, use and transactions tax records

      12. Adopt a resolution approving a professional services contract for business license and transient occupancy tax administration in the amount of $73,940 with HdL for FY 18/19 and authorize the City Manager to execute same

      13. Adopt a resolution approving the plans for additional parking spaces on Front Street, Industrial Way and First Street downtown and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities – Subsections 15301 (c) and (d)


      No items are listed for this section

      6:55 PM (Time is approximate.)


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

      7:25 PM (Time is approximate.)


      15. Receive a presentation from the Downtown Streets Team (DST) Project Manager, Karen Strolia, to update the City Council on the progress and outcomes of DST programs over the last year

      16. Receive a presentation on the recently adopted Marin County Green Building Regulations and provide direction to staff on whether to prepare similar building code revisions for possible adoption

      17. Consider and possibly provide direction to retain, modify, or eliminate individual City boards, commissions, or committees (BCCs) in alignment with City Council’s goals and objectives

      18. Receive a presentation regarding City branding effort as part of the City’s Communications and Community Engagement Plan and provide feedback

      19. Consider, and take action to 1) designate voting representative and up to two alternate voting representatives for the League of California Cities Annual (LOCC) Conference and Business Meeting, and 2) adopt a resolution stating who the representatives are to serve as proof of designation


      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.


      No items are listed for this section.

      10:30 P.M.   (Time is approximate.)
      M.        ADJOURNMENT




      I, Terrie Gillen, certify that on August 23, 2018, the agendas of the closed and open sessions of the August 28, 2018 meeting of the Novato City Council meeting of the City of Novato, California, was posted 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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