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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, April 26, 2022 - 6:00 PM
Mayor
Eric Lucan
Mayor Pro Tempore
Susan Wernick
Councilmembers
Denise Athas
Pat Eklund
Mark Milberg
City Manager
Adam McGill
City Attorney
Jeff Walter
City Council meeting are usually held each month on the second and fourth Tuesdays at 6:00 p.m. 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) 899-8986. Notification at least 48 hours prior to the meeting will enable the City to make reasonable accommodation to help ensure accessibility to this meeting.
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 irrespective of how the agenda items are described. 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 Participation Options
Supplemental Materials
Members of the Public may participate and provide public comments for the City Council as follows:
• Written public comments may be submitted via eComment. Written public comments received more than 3 hours before the start of the meeting will be distributed to the Council prior to the meeting.
Written public comments will not be read during the meeting. • In-person public comments may be made at the meeting, which are held in the Novato City Council Chambers located at 901 Sherman Avenue.
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• Virtual & Telephone comments may be made by using the following instructions:
1. Join the meeting at: https://bit.ly/3xMtYz4
or
Join at Zoom.com
Meeting ID: 859 1868 3551
Password: 1960
Should the links above not work, please go to www.novato.org/agendas for updated information a. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you when it is your turn to speak. b. When the Mayor calls for public comment on the item on which you wish to speak, please use the “Raise Hand” feature by clicking on the hand icon at the bottom of your screen to notify the Host that you would like to speak. In-person comments will be taken first. c. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. d. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
2. Join the meeting via telephone by calling (646) 558-8656.
Meeting ID: 859 1868 3551
Password: 1960
a. When the Mayor calls for public comment on the item on which you wish to speak, press *9 to activate the “Raise Hand” feature to notify the Host that you would like to speak. In-person comments will be taken first.
b. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. c. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
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.
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
Closed Captions
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Live closed captions are available. To access closed captions during the meeting, click on the CC icon.
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Presentation Introducing and Recognizing Public Works Department Employees for their service
C.2. Novato Streetscape Committee 2021 Annual Report
Novato Streetscape Committee - 2021 Annual Report
Presentation
C.3. Proclamation: Fair Housing Month
Fair Housing Month 2022
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
F. 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. (Please remember that all comment cards are PUBLIC RECORDS).
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 or other factors. A speaker may not yield his or her time to another speaker.
For issues raised during Public Comment that are not on the published agenda, except as otherwise provided under the Ralph M. Brown Act, 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.
G. 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.
G.1. Waive reading and authorize introductions and/or adoption of ordinances by title only
This is standard procedural action so that the City Council does not have to read an ordinance in its entirety
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G.2. Approve the City Council open session meeting minutes of March 8, 2022 Minutes - March 8, 2022, Open Session
G.3. Adopt an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Campaign Fairness Act Adoption
Attachment 1 - Ordinance Amending Chapter XXI with Redline Attachment 2 - NMC Chapter XXI with Redline Changes
G.4. Approve the plans and specifications and authorize bid advertisement for the 2022 Annual Pavement Rehabilitation – Contract 2, CIP Project No.:
22-001
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Annual Pavement Rehab Contract 2 Plans and Specs Attachment 1 - Street List
Attachment 2 - Vicinity Map
Attachment 3 - Budget Excerpt
G.5. Receive the Novato Streetscape Committee Work Plan for Fiscal Year 2022-23
Staff contact: Gretchen Schubeck, Sustainability Program Coordinator, 899-8900 Staff Report - Streetscape Committee Workplan
Attachment 1 - Streetscape Committee Workplan
G.6. Adopt a Resolution of the City Council of the City of Novato Approving the First Amendment to the 2021 Restated and Amended City Attorney Retainer Agreement
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - City Attorney Contract Amendments
Attachment 1 - Resolution
Attachment 2 - First Amendment to 2021 City Attorney Agreement Attachment 3 - Restated and Amended 2021 Agreement
Attachment 4 - Comparative Hourly Rates
Attachment 5 - Proposed Hourly Rates
G.7. Receive a progress report regarding a Military Equipment Use Policy pursuant to California Assembly Bill 481
Staff contact: Chief Hank Schreeder, Interim Chief of Police, 897-4361 Staff Report - AB 481 Progress Report
Attachment 1 - AB 481 Full Text
Attachment 2 - NPD Military Equipment Policy 710
G.8. Approve a side letter agreement authorizing the update of Section 9.6.2 of the Unit A Memorandum of Understanding (MOU) to provide clarification on service longevity for officers promoting from Unit B to Unit A Jessica Collins, Human Resources Manager, 899-8914
Staff Report - Side Letter with Unit A
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Attachment 1 - Side Letter Agreement
G.9. Authorize the City Manager to make minor modifications to form and execute a Sanitary Sewer License Agreement and Settlement Agreement for the McPhail’s Commercial Office Development (APNs 153-220-16 & 153-220-19)
Staff contact: Christopher Blunk, Public Works Director, 899-8900 Staff Report - McPhail's Agreements
Attachment 1 - Draft McPhail's License Agreement
Attachment 2 - Draft McPhail's Settlement Agreement
G.10. Approve the revised plans & specifications for the Rowland Boulevard Improvements from Southbound US 101 Ramps to Southern Terminus, Capital Improvement Project No. 21-005; authorize staff to advertise the project for construction bids; and authorize the City Manager to modify and execute a License Agreement for the use of proposed new on-street diagonal parking spaces by JCC California Properties, LLC Staff contact: Christopher Blunk, Public Works Director, 899-8900 Staff Report - Rowland Blvd Improvements
Attachment 1 - Draft JCC License Agreement
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. 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 therein, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
I.1. Consider establishing a Downtown Parklet Licensing Program by: 1) holding a public hearing to introduce amendments to the Novato Municipal Code adding Section 15-6 to Chapter XV; and 2) considering adoption of a resolution establishing the Downtown Parklet Design Standards Staff contact: Will Morat, Senior Management Analyst, 899-8989 Staff Report - Parklet Program
Attachment 1 - Ordinance
Attachment 2 - Resolution with Design Standards
Presentation
J. 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 enacted upon by a separate vote.
J.1. Receive an update on the Community Garden Project at the Lieb Property, Capital Improvement Project #19-010, and provide direction to staff Staff contact: Christopher Blunk, Public Works Director, 899-8246 Staff Report - Community Garden Update
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Attachment 1 - Proposed Community Garden Plan
Presentation
J.2. Discuss and appoint two Councilmembers to the Police Chief recruitment community panel to take place on Thursday, May 12, 2022 Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Police Chief Interview Panelists
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.
K.1. Consider reviewing, discussing, and possibly making appointments to the City Council’s Commissions, Committees and Boards
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - CCB Appointments
L. WORK STUDY SESSION
M. ADJOURNMENT
If urgent matters arise after the publication of the regular agenda, there will be an addendum. It will be posted at the referenced locations mentioned in the Affidavit of Posting by Friday at 5:00 p.m., the week before the meeting. Materials that are submitted to members of the City Council after the distribution of the agenda packet will be made available to the public at the time it is provided to the City Council.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of April 26, 2022, the agenda was posted on the City Community Service Board at 922 Machin Ave in Novato, California and on the City’s website at novato.org.
/Laura McDowall/
Laura McDowall, City Clerk