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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, January 24, 2023 - 6:00 PM
Mayor
Susan Wernick
Mayor Pro Tempore
Mark Milberg
Councilmembers
Pat Eklund
Rachel Farac
City Manager
Adam McGill
City Attorney
Gary Bell
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/3XGashp
or
Join at Zoom.com
Meeting ID: 868 6629 7031
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: 868 6629 7031
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. Proclamation: Judy Arnold
Judy Arnold Proclamation
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. Adopt a resolution accepting the Rowland Blvd. Improvement Project, CIP #21-005, as complete and amending Budget Resolution No. 2022-065 to add $46,508.67 of Road Maintenance and Rehabilitation Account funding to the project budget
Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - Rowland Blvd NOC and Budget Amendment
Attachment 1 - Notice of Completion
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Attachment 2 - Draft Resolution
G.3. Introduce an ordinance repealing and reenacting Appendix A to Section 2-
22.1 of the Novato Municipal Code relating to the Conflict of Interest Code to add the Housing and Homeless Committee and update the name of the Finance Advisory Commission
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Conflict of Interest Code Update
Attachment 1 - Draft Ordinance
Attachment 2 - Resolutions 2022-093 and 2022-079
G.4. Authorize the City Manager to make minor modifications and execute a contract in an amount not to exceed $219,215.00 to Control Systems West to upgrade the Supervisory Control and Data Acquisition (“SCADA”) system for Hamilton Stormwater Pump Stations 1 & 2 as a part of Capital Improvement Project #23-002 and find that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14 CCR Section 15301 Class 1- Existing Facilities.
Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - SCADA Agreement
Attachment 1 - Draft SCADA 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. Conduct a public hearing to consider adoption of a resolution approving an Addendum to the Novato General Plan 2035 Certified EIR and adoption of findings relating thereto; and, consider adoption of a resolution amending Novato General Plan 2035 by adopting the 6th Cycle Housing Element Update covering the planning period of 2023-2031
Staff contact: Vicki Parker, Community Development Director, 899-8900 Staff Report - Housing Element Adoption
Attachment 1 - Sites Inventory
Attachment 2 - CEQA Addendum Resolution
Attachment 3 - Housing Element Adoption Resolution
Attachment 4 - Public Comments 11-18-22 - 1-18-23
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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 and provide direction to staff regarding filling the vacant City Council seat in District 3 by either:
1. Directing staff to begin the process for the City Council to make an appointment to fill the seat for the unexpired term; or
2. Directing staff to begin the process to call for a Special Election to be held on November 7, 2023 or, if conditions are met, by all-mail ballot on August 29, 2023
Staff contact: Laura McDowall, City Clerk, 899-8986
Staff Report - District 3 Vacancy Options
Attachment 1 - 2019 District Map
Attachment 2 - Government and Elections Code
Attachment 3 - Correspondence Received
Attachment 4 - Draft Application and Interview Questions J.2. Discussion regarding the City Council Policy Manual Subcommittee and consideration and possible appointment of two Councilmembers to a City Council Policy Manual Ad Hoc Committee to review and make recommendations to the City Council regarding amendments to the City Council Policy Manual, with a timeline for completion and the committee to be disbanded when such recommendations are made
Staff contact: Laura McDowall, City Clerk, 899-8986
Staff Report - City Council Policy Manual Subcommittee
Attachment 1 - Minutes of Feb 13, 2018
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. Consideration and possible appointment of 7 members to the City Council’s Housing and Homeless Committee
Staff contact: Laura McDowall, City Clerk, 899-8986
Staff Report - Housing and Homeless Committee Appointments Attachment 1 - Resolution 2022-093
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 Page | 6 Phone No. (415) 899-8900
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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 January 24, 2023, 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