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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, May 9, 2023 - 6:00 PM
Mayor
Susan Wernick
Mayor Pro Tempore
Mark Milberg
Councilmembers
Pat Eklund
Rachel Farac
Tim O’Connor
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/4285bBJ
or
Join at Zoom.com
Meeting ID: 829 4387 2116
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 (669) 444-9171.
Meeting ID: 829 4387 2116
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. Proclamation: National Police Week
2023 National Police Week
C.2. Proclamation: Jewish American Heritage Month
2023 Jewish American Heritage Month
C.3. Proclamation: Mental Health Awareness Month
2023 Mental Health Awareness Month
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Proposed Agenda Item - Councilmember Farac: Supporting the submission of the Better Cities for Pets application
Farac Proposed Agenda Item - Better Cities for Pets
E.2. Reports from the City Manager and the City Council 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
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G.2. Adopt ordinance 1701 amending Chapter VII, Section 7-6 of the Novato Municipal Code relating to foodware requirements, and finding 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 - Single Use Foodware Ordinance Adoption
Attachment 1 - Ordinance 1701
G.3. Adopt ordinance 1702 amending Novato Municipal Code Chapter XIX (Zoning), Article 3, Subsection 19.52.022.H., Destruction of a Nonconforming Gas Station, and finding the amendments exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15302 and 15305
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Gas Station Ordinance Text Amendments
Attachment 1 - Ordinance 1702
G.4. Adopt a resolution establishing All-Way Stop Sign traffic controls at the intersection of Oak Grove Drive and Elmview Way
Staff contact: Christopher Blunk, Public Works Director/City Engineer, 899-8900 Staff Report - All Way Stop Control - Oak Grove and Elmview Attachment 1 - Draft Resolution
G.5. Adopt a resolution to submit to the California Transportation Commission a list of approved capital improvement projects that are eligible for state Roadway Maintenance and Rehabilitation Account funding for Fiscal Year 2023/24.
Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - SB 1 RMRA Project List
Attachment 1 - Draft Resolution
G.6. Adopt a resolution authorizing participation in the National Opioid Settlement, directing funds to the County of Marin to administer and authorizing the City Manager or designee to execute the related participation agreements
Staff contact: Gary Bell, City Attorney, 899-8900
Staff Report - 2nd Opioid Settlement
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 2021-084
Attachment 3 - December 14, 2021 Staff Report
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G.7. Adopt a resolution establishing a Fire Mitigation Ranger Program consisting of one full-time police officer and one half-time retired annuitant housed in the Novato Police Department, with funding provided by the Marin Wildfire Prevention Authority via the Novato Fire Protection District; authorizing the City Manager or his designee to sign the MOU/JPA; and revising the budget appropriations as needed
Staff contact: Beth Johnson, Chief of Police, 897-4361
Staff Report - Fire Ranger Program
Attachment 1 - Draft Resolution
Attachment 2 - MOU and Jurisdictional 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. Hold a Public Hearing and introduce an ordinance adopting a policy for the use of Military Equipment by the Novato Police Department pursuant to California Assembly Bill 481
Staff contact: Beth Johnson, Chief of Police, 897-4361
Staff Report - Military Equipment Ordinance
Attachment 1 - Draft Ordinance
Attachment 2 - Policy 710 Military Equipment
Attachment 3 - Annual Report
Attachment 4 - Updated Inventory List
Attachment 5 - Full Text of AB 481
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. Consideration, discussion, and potential direction to staff regarding a proposal by the Novato Historical Guild to relocate the Novato History Museum to the Simmons House
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato History Museum Relocation
Attachment 1 - Councilmember Eklund Proposed Agenda Item Attachment 2 - Correspondence Received
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J.2. Consideration, discussion, and potential direction to staff on a proposed process for creating a new fiscal sustainability plan, staffing study, and other studies for council review, discussion and action Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Fiscal Sustainability Process
Attachment 1 - Councilmember O'Connor Proposed Agenda Item 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
L.1. Receive and consider a preliminary overview of the Fiscal Year 2023/2024 Operating and Capital Budgets and provide additional budget development direction to Staff
Staff contact: Amy Cunningham, Administrative Services Director Staff Report - Budget Workshop
Attachment 1 - City Council Budget Options
Attachment 2 - Personnel Allocation History
Attachment 3 - Select Estimated Fund Balances
Attachment 4 - Summary Debt Schedule
Attachment 5 - MVMCC Proposed Budget
Presentation
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 May 9, 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