CITY COUNCIL/CLOSED SESSION
to be held at
COUNCIL CHAMBERS
901 SHERMAN AVENUE
DECEMBER 8, 2009
6:00 P.M.
(Non-closed session begins at 6:30 p.m.
see attached agenda)
CLOSED SESSION AGENDA
A. CALL TO ORDER
The Mayor will open the meeting and take public testimony on closed session items only. The Council will then recess into closed session.
B. CLOSED SESSION
1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Section 54956.9)
Name of cases: MCCE Development, LLC et al. v. City of Novato, Case No. 024679
MCCE Development, LLC et al. v. City of Novato, Case No. 051422
City of Novato v. Daniel Morgan et al, Case No. CV 060409
CITY COUNCIL MEETING
to be held at
COUNCIL CHAMBERS*
901 SHERMAN AVENUE
DECEMBER 8, 2009
6:30 P.M.
A G E N D A
A. RECONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
Presentations: San Marin High School Jazz Chorus
Hill Middle School Chorus
Proclamation: Peri Pfenninger, Sharolyn Poli - Whole Foods Murals
D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT
For purposes of Section D, all references to “City Council” shall include those other agencies which may be listed at the top of this Agenda. Notice is hereby given that the City Council may discuss and/or take action on any or all of the items listed on this agenda.
Notice is also given that the City Council will waive the reading of all ordinances introduced and/or adopted on this agenda.
Notice is also given that once the public comment portion of any agendized item has been closed by the City Council, no further comment from the public will be permitted unless authorized by the Mayor or the City Council, and if so authorized, said additional public comment shall be limited to the provision of information not previously provided to the City Council, or as otherwise limited by order of the Mayor or City Council.
Notice is also given that 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 75 Rowland Way #200, during normal business hours. Such materials shall also be made available on the City of Novato website at www.ci.novato.ca.us, when practical and provided that City staff is able to post those documents prior to the meeting. 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, a copy of the materials shall be made available to members of the public at that meeting.
*See next page for compliance with Americans with Disabilities Act.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 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.
7:00 P.M. (Time is approximate.)
E. PUBLIC COMMENTS
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. Anyone wishing to speak on any item on the agenda other than those listed under Public Hearings (Section H) will be recognized at this time or at the time the item is heard. There is a three minute time limit. Items brought up during Public Comments that are not on the agenda can legally have no action. The City Council may direct that the item be referred to the City Manager/Executive Director for administrative action or may schedule the item on a subsequent agenda.
7:05 P.M. (Time is approximate.)
F. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by a single action of the Council. There will be no separate discussion unless specific items are removed from the Consent Calendar for separate discussion and action.
1. ADOPT MINUTES OF OCTOBER 22, 2009
2. ADOPT MINUTES OF NOVEMBER 10, 2009
3. ORDINANCE AMENDING NOVATO MUNICIPAL CODE
Second reading and adoption of ordinance amending 2-3.3 to the Novato Municipal Code clarifying that installation of newly elected Councilmembers shall occur upon adoption by the City Council of the official canvass of vote.
Recommendation: Adopt Ordinance.
4. MTC/ABAG STATION AREA PLANNING GRANT PROGRAM
Consider receiving and filing a report on station area planning grants from MTC/ABAG.
Recommendation: Receive and file the report.
5. ANNUAL REPORT OF THE NOVATO BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
Consider accepting the 2009 Annual Report from the Novato Bicycle/Pedestrian Advisory Committee (BPAC).
Recommendation: Accept the report.
6. SOUND WALL AESTHETICS FOR MARIN SONOMA NARROWS FREEWAY THROUGH NOVATO
Consider referring the aesthetic design on the pattern and color of the soundwall for a recommendation from the Design Review Commission.
Recommendation: Refer to the Design Review Commission to make a final decision.
7. HAMILTON COMMISSARY BUILDING REMOVAL CONSTRUCTION CONTRACT
Consider awarding the construction contract for the Hamilton Commissary Building Removal, CIP Project No. 10-004, in the amount of $149,000 plus 10% construction contingency, to Machado Brothers, Inc. as the lowest responsible bidder.
Recommendation: Award the construction contract.
8. GRANT AVENUE BRIDGE REHABILITATION
Consider adopting budget resolution in the amount of $130,000, CIP Project No. 09-003.
Recommendation: Adopt budget resolution.
G. UNFINISHED AND OTHER BUSINESS
No items are listed for this section.
H. PUBLIC HEARINGS
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.
7:10 P.M. (Time is approximate.)
9. 901 SHERMAN AVENUE FACILITY USE FEES
Consider approving facility fees for 901 Sherman Avenue, and resolution amending Novato's Facility Fee Schedule.
Recommendation: Approve facility fees at 901 Sherman Avenue, and resolution amending Novato's Facility Fee Schedule.
I. GENERAL BUSINESS
7:20 P.M. (Time is approximate.)
10. VISION STATEMENT FOR THE GENERAL PLAN UPDATE
Receive and accept a Vision Statement for the General Plan Update as jointly recommended by the Planning Commission and the Design Review Commission.
Recommendation: Accept a Vision Statement.
8:00 P.M. (Time is approximate.)
Consider information regarding the actual operational impacts from reductions made to the City's FY 09/10 budget year, hear an update on the City's finances after the first quarter of FY 09/10, and provide direction regarding the draft calendar put forward by staff outlining a process and timeline for development of the deficit reduction package for the FY 10/11 budget.
Recommendation: Receive and provide feedback and direction.
8:45 P.M. (Time is approximate.)
12. ENERGY EFFICIENCY AND CONSERVATION STRATEGY
Consider approving Part II of the City's Energy Efficiency and Conservation Block Grant (EECBG) application for $391,800 in grant funds, as allocated by the U.S. Department of Energy.
Recommendation: Approve Part II of the City's Energy Efficiency and Conservation Block Grant (EECBG) application, as allocated by the U.S. Department of Energy.
9:00 P.M. (Time is approximate.)
13. CLIMATE CHANGE ACTION PLAN
Consider approving the draft Climate Change Action Plan, and directing staff to transmit it to the U.S. Department of Energy as part of the City's Energy Efficiency and Conservation Strategy (EECS) for the Energy Efficiency and Conservation Block Grant (EECBG).
Recommendation: Approve the Plan and direct staff to transmit it to the U.S. Department of Energy.
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. COUNCIL REPORTS
Councilmember reports on conferences and meetings, as needed (3 minutes maximum per Councilmember report).
L. ADJOURNMENT
Adjourn to closed session (see agenda on the next page).
CITY COUNCIL/CLOSED SESSION
to be held at
COUNCIL CHAMBERS
901 SHERMAN AVENUE
DECEMBER 8, 2009
(This closed session will convene
after adjournment of the open session.)
CLOSED SESSION AGENDA
A. CALL TO ORDER
The Mayor will open the meeting and take public testimony on closed session items only. The Council will then recess into closed session.
B. CLOSED SESSION
1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to California Government Code §54956.9(b): Three potential cases
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.95
LIABILITY CLAIMS
Claimant: Aaron and Kim Osheroff
Agency claimed against: City of Novato
AFFIDAVIT OF POSTING
I, Shirley Gremmels, certify that on December 4, 2009, caused to be posted the agenda of the open and closed sessions of the December 8, 2009 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 www.ci.novato.ca.us.
_______________________________
Shirley Gremmels, City Clerk