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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, May 23, 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/459rVU9
or
Join at Zoom.com
Meeting ID: 865 0155 5272
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: 865 0155 5272
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 Public Works Week
Proclamation: Public Works Week 2023
C.2. Proclamation: Pride Month
Proclamation: Pride Month 2023
C.3. Proclamation: Asian and Pacific Islanders Heritage Month Proclamation: Asian American Native Hawaiian and Pacific Islander Heritage Month C.4. Proclamation: Gun Violence Awareness Day
Proclamation: Gun Violence Awareness Day
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 closed and open session City Council meeting minutes of April 25, 2023
Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - April 25, 2023
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G.3. Adopt ordinance 1703 adopting a policy for the use of Military Equipment by the Novato Police Department pursuant to California Assembly Bill 481 Staff contact: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - Military Equipment Policy Ordinance Adoption Attachment 1 - Ordinance 1703
G.4. Approve an agreement terminating the Operation/Facilities Use Agreement between the City of Novato, Novato Unified School District, and Novato Community Television
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report -Termination Agreement City-NUSD-NCTV
Attachment 1 - Termination Agreement
Attachment 2 - Operation-Facilities Use Agreement
G.5. Receive and file the Investment Report for Fiscal Year 2022/2023 Quarter 3 Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - 3rd Quarter Investment Report
Attachment 1 - FY 22-23 Q3 Investment Report
G.6. Authorize the City Manager to execute a two-year agreement with Whitlock & Weinberger Transportation, Inc. for $200,000, not to exceed $100,000 per fiscal year with the option to renew for the second year pending Fiscal Year 2024/2025 budget authorization
Staff contact: Karman V. Wright, Public Works Administrative Manager, 899-8900 Staff Report - W-Trans Agreement
Attachment 1 - Draft W-Trans Agreement
G.7. Adopt a resolution authorizing staff to execute lease agreements for the replacement of two City fleet vehicles in the total amount of $25,941.12 per year
Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8900 Staff Report - Enterprise Leases
Attachment 1 - Draft Resolution
G.8. Adopt a resolution authorizing the City Manager or designee to execute an agreement with Downtown Streets Team to provide services for the remainder of Fiscal Year 2022/23 with the option to extend for the three following fiscal years conditional upon annual City budget authorizations for a total contract amount not to exceed $154,167.00
Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8900 Staff Report - Downtown Streets Team Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Draft Agreement
G.9. Adopt a resolution approving the use of contractor provided landscaping services to the Hamilton Community Facilities District and authorizing the City Manager or designee to execute an agreement with BrightView Landscape Services to provide the contracted landscaping services for a Page | 5 Phone No. (415) 899-8900
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total not to exceed $196,796 for the period between July 1, 2023, and June 30, 2024, with the option to renew for a second & third fiscal year pending Fiscal Year 2024/2025 & 2025/2026 budget authorization for a total of $620,388.00
Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - BrightView Hamilton CFD Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Draft Agreement
Attachment 3 - RFP
Attachment 4 - Summary of Proposals
G.10. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A-81 in the San Marin Area and setting a hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Engineer's Report. CEQA DETERMINATION:
Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
Staff contact: Karman Wright, Public Works Administrative Manager; 899-8900 Staff Report - San Marin LAD Intent to Levy Assessment
Attachment 1 - Draft Resolution
Attachment 2 - San Marin Engineers Report
G.11. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A 03 in the San Pablo Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Engineer's Report. CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
Staff contact: Karman Wright, Public Works Administrative Manager; 899-8900 Staff Report - San Pablo LAD Intent to Levy Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Engineers Report
G.12. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District C 91 in the Wildwood Glen Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Draft Engineer's Report.
CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities Staff contact: Karman Wright, Public Works Administrative Manager; 899-8900 Staff Report - Wildwood Glen LAD Intent to Levy Assessment Attachment 1 - Draft Resolution
Attachment 2 - Wildwood Glen Engineers Report
G.13. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A 91 in the Hillside Park Unit 4 Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Draft Engineer's Page | 6 Phone No. (415) 899-8900
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Report. CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
Staff contact: Karman Wright, Public Works Administrative Manager; 899-8900 Staff Report - Hillside Park LAD Intent to Levy Assessment Attachment 1 - Draft Resolution
Attachment 2 - Hillside Park Engineers Report
G.14. Receive the 2022 Housing Element Annual Progress Report and authorize staff to submit for filing with the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR)
Staff contact: Vicki Parker, Community Development Director; 899-8989 Staff Report - Housing Element Annual Progress Report
Attachment 1 - Planning Commission Staff Report with Attachment G.15. Adopt a resolution authorizing the Mayor to execute 1) an amendment to the 2020 Cooperation Agreement with the County of Marin for funding and administration of federal Community Development Block Grant (CDBG) and HOME programs, 2) Department of Housing and Urban Development (HUD) form 424-B Assurances and Certifications, and 3) a letter to HUD confirming Novato’s deferral of “metropolitan city” status for federal fiscal years 2024, 2025 AND 2026
Staff contact: Vicki Parker, Community Development Director; 899-8900 Staff Report - CBDG Co-op Agreement Amendment
Attachment 1 - May 5, 2023 Memo
Attachment 2 - Draft Resolution with Exhibit A
Attachment 3 - HUD Form 424-B
Attachment 4 - Draft Letter to HUD
G.16. Approve the Recreation, Cultural and Community Services Advisory Commission’s recommendation to support entering into a contract with, Scientific Illustrator, Emma Oyle for artwork and redesign of eight existing wayside signs at Scottsdale Pond, located at Redwood Blvd and Rowland Blvd, and allocate $11,725 from CIP 11-019 Public Art Projects to support the creation of the signage artwork in partnership with the Rotary Club of Novato as a public art installation
Staff contact: Drew Bendickson, Senior Management Analyst; 899-8900 Staff Report - Scottsdale Pond Art Agreement
Attachment 1 - Art in Public Places 5.13
Attachment 2 - Photos of Current Scottsdale Pond Wayside Signage Attachment 3 - Emma Oyle Resume and Museum Portfolio
Attachment 4 - Scottsdale Pond Wayside Signage Proposals Attachment 5 - Artist's Contract
Attachment 6 - Artist's Insurance
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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I. PUBLIC HEARINGS
There are no agenda items.
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, discuss and potentially give direction to staff regarding use of three City-owned properties including 900 Sherman Avenue APN: 153-063-14 (“Simmons House”), 908 Sherman Avenue APN: 153-063-15 (“Hanen House”), and 917 Sherman Avenue APN: 153-062-16 (“Scott House”) and receive a presentation from the Novato Historical Guild regarding use of the Scott House; direction may include, but is not limited to, use of the Scott House by the Novato Historical Guild and/or including one, two, or all three properties in a Request for Information (RFI) process
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Scott, Hanen and Simmons House RFI
Attachment 1 - Draft Request for Information
Presentation
J.2. Receive and file the final progress report on the adopted City of Novato Strategic Plan covering the period of July 1, 2021 – June 30, 2023 Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Final Strategic Plan Progress Report
Attachment 1 - Strategic Plan Final Progress Report
Attachment 2 - Adopted Strategic Plan for July 1, 2021 - June 30, 2023 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 May 23, 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
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