City Council Agenda Logo
 

 

 

January 24, 2017

 

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

 

The City Council welcomes you to attend its meetings which are regularly scheduled on most Tuesdays at 6:30 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:

City Offices: 922 Machin Avenue, Monday through Thursday from 9:00 a.m. to 5:00 p.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 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 COUNCIL
922 Machin Avenue
Novato, California 94945
415.899.8900 main
415.899.8213 fax
www.novato.org
City Logo
Novato Color Bar

 

CITY COUNCIL MEETING
WORK STUDY SESSION

to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
January 24, 2017
6:00 P.M.

(Regular Council Meeting begins at 6:30 p.m.)

A G E N D A

1. PUBLIC COMMENTS

For Public Comment on the agenda planning item. There will also be a general Public Comment period during the regular meeting to follow.

See agenda cover page for information about Public Comment periods and associated protocol.

 

2. CITY COUNCIL AGENDA PLANNING FOR THE PERIOD JANUARY 1, 2017 – MARCH 31, 2017

a. Upcoming Significant Agenda Items Worksheet January 1, 2017 – March 31, 2017

b. Request from Mayor Pro Tem Fryday to agendize for a future meeting a review of progress made to date on the City's Climate Action Plan, and consideration of hiring a full-time staff person dedicated to sustainability and climate action plan implementation.

c. Request from Councilmember Drew to agendize for a future meeting a discussion on closing the financial gap on the Novato Hope Coalition (NHC is a 501c3.) project for portable showers for the homeless.

d. Request from Councilmember Eklund to agendize for a future meeting City Council discussion and action on the Council Meeting schedule for FY 2016-2017.

e. Request from Councilmember Eklund to agendize for a future meeting a discussion about placing the renewal of the Novato Urban Growth Boundary on the November 2017 ballot.

 

 

JOINT CITY COUNCIL/
CITY COUNCIL AS SUCCESSOR AGENCY TO
DISSOLVED REDEVELOPMENT AGENCY MEETING
to be held at

NOVATO CITY HALL
COUNCIL CHAMBERS
901 SHERMAN AVENUE
January 24, 2017
6:30 P.M.

A G E N D A

 

A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL

 

B. CLOSED SESSION ANNOUNCEMENT

No closed session is scheduled.

 

C. CEREMONIAL MATTERS/PRESENTATIONS

Proclamations
Kathy Kormos Retirement
National Parks Service
Large Business of the Year
Small Business of the Year
Citizen of the Year

 

D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT

 

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

 

7:25 P.M. (Time is approximate.)
F. CONSENT CALENDAR

1. RECEIVE EXPENDITURE APPROVAL LIST OF JANUARY 19, 2017

 

2. ADOPT CITY COUNCIL MEETING MINUTES OF OCTOBER 25, 2016

 

3. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF NOVATO REPEALING AND REPLACING IN FULL SECTION 7-3 OF THE NOVATO MUNICIPAL CODE TO REGULATE SMOKING AND TOBACCO PRODUCT USE

Second reading and adoption of an Ordinance of the City of Novato repealing and replacing in full Section 7-3 of the Novato Municipal Code to regulate smoking and tobacco product use.

Recommendation: Adopt the ordinance.

 

4. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF NOVATO REQUIRING THE LICENSURE OF TOBACCO RETAILERS AND ADDING SECTION 7-6 TO THE CITY'S MUNICIPAL CODE

Second reading and adoption of an ordinance of the City of Novato requiring the licensure of Tobacco Retailers and adding Section 7-6 to the City's Municipal Code.

Recommendation: Adopt the ordinance.

 

5. INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 30, 2016

Consider receiving and filing the June 30, 2016 Investment Report.

Recommendation: Receive and file report.

 

6. NOTICE OF COMPLETION FOR MARGARET TODD SENIOR CENTER/NOVATO GYMNASTICS CENTER/HAMILTON COMMUNITY CENTER INTERIOR PAINTING

Consider authorizing the City Manager to sign the Notice of Completion for the Margaret Todd Senior Center/Novato Gymnastics Center/Hamilton Community Center Interior Painting, CIP projects 16-004 and 16-006.

Recommendation: Authorize the City Manager to sign the Notice of Completion.

 

SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY- Item 7 only:

 

7. RATIFICATION OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2017/18

Consider ratifying the annual Recognized Obligation Payment Schedule ("ROPS") and Successor Agency administrative budget for fiscal year 2017/18.

Recommendation: Ratify, by motion, the ROPS and administrative budget for the fiscal year 2017/18.

 

G. UNFINISHED AND OTHER BUSINESS

No items are listed for this section.

 

H. PUBLIC HEARINGS

7:30 P.M. (Time is approximate.)

8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS FOR FY 2017-18

Consider holding a public hearing and adopting a resolution recommending Community Development Block Grant (CDBG) funding for the 2017-18 fiscal year to the Marin County Board of Supervisors for the Novato Planning Area.

Recommendation: Hold the public hearing and adopt the resolution.

 

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

9. CONSIDERATION OF AMENDMENTS TO SECTION 18-10 (TRUCK ROUTES AND PARKING) OF THE MUNICIPAL CODE TO REGULATE PARKING OF COMMERCIAL VEHICLES EXCEEDING 10,000 POUNDS ON PUBLIC STREETS 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)

Consider holding a public hearing and introducing an ordinance amending Section 18-10 of the Novato Municipal Code to regulate on-street parking of commercial vehicles in all zoning districts except light industrial/office areas and finding that both ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(B)(3).

Recommendation: Hold the public hearing and introduce the ordinance.

 

I. GENERAL BUSINESS

8:30 P.M. (Time is approximate.)

10. ADOPTING A RESOLUTION CONFIRMING BAN ON CULTIVATION OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA ACTIVITIES

Consider adopting a resolution reaffirming and confirming that the City's Zoning Code operates under principles of Permissive Zoning, which means that the cultivation of medical marijuana and commercial medical cannabis activities are not allowed within the City.

Recommendation: Adopt the resolution.

 

JOINT CITY COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY- Item 11 only:

 

8:45 P.M. (Time is approximate.)

11. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2016

Consider receiving and filing the City of Novato Comprehensive Annual Financial Report (CAFR) for fiscal year 2015/16.

Recommendation: Receive and file the reports.

 

8:55 P.M. (Time is approximate.)

12. CONSIDERATION OF SUPPORT FOR THE TRANSPORTATION AUTHORITY OF MARIN IN THEIR EFFORT TO REMOVE A STATE PROCEDURAL OBSTACLE TO ALLOW A COMMUNITY CONVERSATION AND MAXIMUM FLEXIBILITY FOR LOCAL JURISDICTIONS

Consider discussing and providing direction to staff regarding support of the Transportation Authority of Marin (TAM) Board of Commissioner's unanimous decision on December 1, 2016 to pursue State legislation in 2017 to provide an exemption to the 2% cap on the local transaction and use taxes (also known as the district tax) in order to allow TAM to consider the pursuit of a new sales tax measure dedicated for transportation purposes.

Recommendation: Discuss and provide direction to staff.

 

9:10 P.M. (Time is approximate.)

13. CONSIDERATION OF TAKING A POSITION IN SUPPORT OF THE MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE THE APPLICATION OF LAURA'S LAW IN MARIN COUNTY

Consider reviewing background reports and providing direction to staff regarding a support letter to the Marin County Board of Supervisors to authorize the application of Laura's Law (AB 1421) in Marin County.

Recommendation: Approve the draft support letter and direct staff to transmit the letter to the Marin County Board of Supervisors.

 

J. 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.

 

K. COUNCILMEMBER/CITY MANAGER REPORTS

14. City Manager Report

15. Councilmember reports on conferences and meetings, as needed (3 minutes maximum per Councilmember report).

 

L. WORK STUDY SESSION

No items are listed for this section.

 

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

 

 

AFFIDAVIT OF POSTING

I, Laura McDowall, certify that on January 19, 2017, I caused to be posted the agendas of the open session of the January 24, 2017 joint meeting of the City Council and City Council as Successor Agency to Dissolved Redevelopment Agency of the City of Novato, California, on the City Community Service Board in the Police Department and on the City's website at www.novato.org.

/Laura McDowall/
Laura McDowall, Assistant City Clerk

Novato Color Bar

 

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