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Joint City Council /
Novato Public Finance Authority
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 25, 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/3z1wOjE
or
Join at Zoom.com
Meeting ID: 895 0674 1857
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: 895 0674 1857
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
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 aloud in its entirety
G.2. Approve the City Council meeting minutes of September 13, 2022 Staff Contact: Laura McDowall, City Clerk, 899-8900
Minutes - September 13, 2022
G.3. Approve the City Council meeting minutes of September 27, 2022 Staff Contact: Laura McDowall, City Clerk, 899-8900
Minutes - September 27, 2022
G.4. Adopt a resolution rescinding and restating Resolution 07-11 and Resolution 2016-078 to change the name of the Novato Citizen’s Finance Advisory/Oversight Committee to the Finance Advisory Commission Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Finance Committee Name Change
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 07-11
Attachment 3 - Resolution 2016-078
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G.5. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2022 Annual Pavement Rehabilitation – Contract 2 Project, CIP No. 22-001
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Pavement Rehab Contract 2 NOC
Attachment 1 - Notice of Completion
Attachment 2 - Street List
Attachment 3 - Vicinity Map
G.6. Receive and file Quarter 1 budget report for Fiscal Year 2022/2023 Staff contact: Jennifer Maldonado, Principal Analyst, 899-8900 Staff Report - Quarterly Budget Report
Attachment 1 - FY 22.23 Qtr. 1 Budget Report
G.7. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for months of July, August, and September 2022
Staff contact: Amy Cunningham, Director of Administrative Services Staff Report - 1st Quarter Financial Reports
Attachment 1 - 1st Quarter Payment Register
Attachment 2 - 1st Quarter Purchase Order Reports
Attachment 3 - 1st Quarter Travel and Training Reports
G.8. Adopt a resolution amending Fiscal Year 2022-23 Budget Resolution 2022- 065 to add $74,083.85 of unallocated Gas Tax (Highway User Tax Account) revenue to the Rowland Boulevard Improvements from Southbound US 101 Ramps to Southern Terminus Project, CIP 22-005, to fund additional pavement repairs.
Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - Rowland Blvd Budget Amendment
Attachment 1 - Draft Resolution
G.9. Adopt a resolution authorizing the City Manager to execute a utility easement grant deed and agreements with Pacific Gas and Electric (PG&E) for the purpose of installing, operating, and maintaining underground utility infrastructure on City-owned property located at the southwest corner of Palm Drive and Hangar Avenue (APN 157-740-68)
Staff contact: David Dammuller, Engineering Services Manager, 899-8900 Staff Report - PG&E Utility Easement
Attachment 1 - Draft Resolution
Attachment 2 - Planning Commission Resolution
Attachment 3 - PG&E Offer Letter
Attachment 4 - PG&E Easement
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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. Hold a public hearing and consider introducing an ordinance amending Novato Municipal Code Chapter XIX (Zoning) to prohibit the construction of new gas stations and the expansion of existing gas stations and find the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - New Gas Station Prohibition
Attachment 1 - Draft Ordinance
Attachment 2 - Planning Commission Resolution
Attachment 3 - Planning Commission Draft Minutes
Attachment 4 - Climate Emergency Resolution
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. Consider adopting two City resolutions and a City of Novato Public Financing Authority resolution approving (1) an approximately $2 million loan agreement between the City and the North Bay Children’s Center and (2) related lease-leaseback financing documents to generate funds for the City to make the loan
Staff contact: Adam McGill, City Manager, 899-8902
Staff Report - North Bay Children's Center Loan
Attachment 1 - City Council Resolution Approving Lease Financing Attachment 2 - NPFA Resolution Approving Lease Financing Attachment 3 - City Council Resolution Approving Loan Agreement Attachment 4 - Loan Agreement (NBCC)
Attachment 5 - Promissory Note (NBCC)
Attachment 6 - Deed of Trust (NBCC)
Attachment 7 - Hazardous Materials Indemnity Agreement (NBCC) Attachment 8 - Amended and Restated Site and Facility Lease Attachment 9 - Amended and Restated Lease Agreement
Attachment 10 - Amended and Restated Assignment of Lease Payments Page | 6 Phone No. (415) 899-8900
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Added 10/21/22 – Responses to Councilmember Questions
Presentation
J.2. Begin the annual assessment process for the Downtown Novato Business Improvement District (BID) in partnership with the Downtown Novato Business Association (DNBA):
A. Receive a presentation regarding the 2022 DNBA Annual Report and 2023 Proposed BID Budget;
B. Review, including making any changes if desired, and approve the 2022 DNBA Annual Report and 2023 Proposed BID Budget to begin January 1, 2023; and
C. Adopt a resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District and set a public hearing for November 15, 2022
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - BID Intent to Levy Assessment
Attachment 1 - Draft Resolution
Attachment 2 - BID Assessment Formula
Attachment 3 - Annual Mailed Packet
Presentation
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
Staff Report - Fall CCB Appointments
Presentation
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.
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AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday, before the Council meeting of October 25, 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