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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, July 25, 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/3pQPott
or
Join at Zoom.com
Meeting ID: 894 3952 4773
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: 894 3952 4773
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: Recognizing Lt. Mike Howard
Proclamation: Mike Howard
C.2. Presentation: Novato Fire Protection District Chief Bill Tyler Presentation
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 a standard procedural action so that the City Council does not have to read an ordinance aloud in its entirety
G.2. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for the months of April, May, and June 2023
Staff contact: Amy Cunningham, Administrative Services Director, 899-8900 Staff Report - 4th Quarter Reports
Attachment 1 - Payment Register April - June 2023
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Attachment 2 - Purchase Order Reports April - June 2023 Attachment 3 - Travel and Training Reports April - June 2023 G.3. Award the construction contract for the Citywide Crosswalk Enhancements & Traffic Management Project (CIP 22-005) and the 2023 Annual Pavement Rehabilitation Project (CIP 23-001) in the amount of $2,192,884.90 to R&S Construction Management Inc. as the lowest responsible bidder and authorize the City Manager to execute the construction contract Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - R&S Construction Management
Attachment 1 - Bid Abstract
Attachment 2 - CIP 22-005 Location Map
Attachment 3 - CIP 23-001 Location Map
G.4. Adopt a resolution amending budget resolution 2023-061 amending the Fiscal Year 2023/24 Capital Improvement Budget to transfer funding in amount of $206,250.00 from capital improvement project 17-003 to capital improvement project 22-006; award a construction contract for the Citywide Play Structure Upgrade Project, CIP No. 22-006 for the base bid in the total amount of $323,323.00 to McNabb Construction, Inc. as the lowest responsible bidder; approve 5% contingency in the amount of $16,166.15 and authorize the City Manager to execute the construction contract Staff contact: Petr Skala, Associate Engineer, 899-8900 Staff Report - McNabb Construction Contract
Attachment 1 - Draft Resolution
Attachment 2 - Bid Abstract
Attachment 3 - Vicinity Map
Attachment 4 - Proposed Budget Amendment
Attachment 5 - Budget Adoption 23-24
G.5. Adopt a resolution authorizing the City Manager or designee to execute amendment # 1 to the maintenance agreement with Universal Building Services and Supply Co. for the City’s Janitorial Services in the amount of $237,000 plus an additional ten percent for contingency expenses ($23,000) for a total not to exceed $260,000 in Fiscal Year 23/24.
Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8900 Staff Report - Universal Building Services Agreement Amendment Attachment 1 - Draft Resolution
Attachment 2 - Agreement Amendment
G.6. Adopt a resolution authorizing staff to purchase 3 vehicle’s and 8 pieces of equipment for the City’s fleet for a total amount of $889,232 Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8900 Staff Report - Fleet Purchases
Attachment 1 - Draft Resolution
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G.7. Adopt a resolution authorizing the City Manager to execute the Purchase and Sale Agreements and the Acceptance of the Grant Deeds for right-ofway acquisition for the Novato Boulevard Improvement Project, CIP #01-004 Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - Rowland Blvd Project Property Acquisitions Attachment 1 - Draft Resolution
Attachment 2 - Property Acquisition Exhibits
G.8. Adopt a resolution approving the Eligibility Criteria and Application for the Temporary Encampment at Lee Gerner Park
Staff contact: Sullina Sanchez, Principal Management Analyst, 899-8900 Staff Report - Lee Gerner Park Eligibility Criteria and Application Attachment 1 - Draft Resolution
Attachment 2 - Eligibility Criteria and Application
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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 and possibly take action to adopt a resolution approving an exclusive negotiating agreement (ENA) by and between the City of Novato and the Novato Historical Guild for the potential relocation of the Novato History Museum to the Scott House (917 Sherman Avenue, APN 153-062-16), and authorize the City Manager to make minor modifications and execute same
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato Historical Guild ENA
Attachment 1 - Draft Resolution
Attachment 2 - Draft Exclusive Negotiating Agreement
Presentation
J.2. Consider and possibly adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s response to the June 8, 2023 Marin County Civil Grand Jury report titled, “Novato’s Chronic Fiscal Deficits: A Call to Action”
Staff contact: Amy Cunningham, Administrative Services Director, 899-8900 Staff Report - Grand Jury Response - Novato's Fiscal Deficit Attachment 1 - Draft Resolution with Exhibit A
Attachment 2 - Grand Jury Report
Attachment 3 - Summary of Penal Code Requirements
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J.3. Consider and possibly take action to direct the City Attorney to update the City Council Policy Manual and dissolve the Council Policy Manual Ad Hoc Committee created to address this task
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - City Council Policy Manual Update
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 25, 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