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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, July 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.
Supplemental Materials
Public Participation Options
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/3ok4FhZ
or
Join at Zoom.com
Meeting ID: 834 2473 8797
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: 834 2473 8797
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
Live closed captions are available. To access closed captions during the meeting, click on the CC icon.
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A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Recognize 4th of July Parade Winner
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
G.2. Approve the City Council closed session special meeting minutes of May 25, 2022
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - May 25, 2022
G.3. Approve the City Council special meeting minutes of June 6, 2022 Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - June 6, 2022
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G.4. Adopt Ordinance 1690 amending Novato Municipal Code Chapter VII, Section 7-13 to ban the use of gas-powered leaf blowers, restrict the hours of use for electrically-powered leaf blowers, and find the amendments exempt from the requirements of the California Environmental Quality Act pursuant to guidelines section 15061(b)(3)
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Ordinance 1690 Adoption
Attachment 1 - Ordinance 1690
G.5. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for months of April, May and June 2022
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - 4th Quarter Financial Reports
Attachment 1 - Payment Register
Attachment 2 - Purchase Order Report
Attachment 3 - Travel and Training Reports
G.6. Adopt a resolution electing to be exempt from the Marin County Congestion Management Program (“CMP”) in accordance with California Government Code Section 65088.3 and as recommended by the Transportation Authority of Marin (“TAM”)
Staff contact: Chris Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - Opt Out of TAM CMP Program
Attachment 1 - Draft Resolution
G.7. Receive and file the Investment Report for Fiscal Year End 2020/21 Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Reports - Investment Reports
Attachment 1 - Qtr. 1 Investment Report
Attachment 2 - Qtr. 2 Investment Report
Attachment 3 - Qtr. 3 Investment Report
Attachment 4 - Qtr. 4 Investment Report
G.8. Approve a side letter to allow School Resource Officers to work a 4/10 work schedule
Staff contact: Greg Canfield, Management Analyst I, 899-8900 Staff Report - Unit B Side Letter
Attachment 1 - Unit B Side Letter
G.9. Approve a side letter to allow the City Manager or designee the authority to approve a year-round 4/10 work schedule for Maintenance Workers Staff contact: Greg Canfield, Management Analyst I, 899-8900 Staff Report - Unit D Side Letter
Attachment 1 - Unit D Side Letter
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G.10. Approve a professional services agreement with Burke, Williams & Sorensen, LLP for an amount not to exceed $100,000 for a Labor Negotiator for collective bargaining
Staff contact: Greg Canfield, Management Analyst I
Staff Report - Labor Negotiator Contract
Attachment 1 - Professional Services Agreement
G.11. Adopt a resolution calling and giving notice of by-district elections for City Councilmember Districts 2, 4 and 5 in the General Municipal Election to be held on November 8, 2022, requesting the Marin County Board of Supervisors to consolidate the election with any other election and requesting election services by the Marin County Elections Department Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - November 8, 2022 Election Consolidation
Attachment 1 - Draft Resolution
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.
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. 1) Reorganize some functions in Central Administration, Community/Economic Development Departments, and re-establish the Administrative Services Department;
2) Amend the job description for Assistant City Manager; 3) Adopt a job description for Administrative Services Director; 4) Adopt a job description for Deputy Administrative Services Director; 5) Adopt salaries related to Administrative Services Director and the Deputy Director classifications;
6) Amend salaries more than 10% under the labor market median and cap adjustments at 10%;
7) Adopt the updated salary schedule for Fiscal Year 2022-23; 8) Adopt Budget Amendment
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Reorganization and Salary Adjustments
Attachment 1 - Assistant City Manager Job Description
Attachment 2 - Administrative Services Director Job Description Attachment 3 - Deputy Administrative Services Director Job Description Added 7/25/22 - Attachment 4 - Updated Salary Schedule
Attachment 5 - Resolution
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J.2. Review, discuss and provide feedback on the Tentative Agenda Item list and To Be Determined Agenda Item List for the third quarter of 2022 Staff contact: Laura McDowall, City Clerk, 8999-8900
Staff Report - 3rd Quarter Agenda Item Review
Attachment 1 - 3rd Quarter Tentative Item and TBD List
J.3. Consider designating a voting representative and up to two alternate voting representatives for the League of California Cities Annual Conference Business Meeting
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Cal Cities Voting Delegate
Attachment 1 - Cal Cities Voting Delegate Packet
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.
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 July 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