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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, August 22, 2023 – 6:00pm
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/3soRtNO
or
Join at Zoom.com
Meeting ID: 814 7611 7978
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: 814 7611 7978
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
Closed session meetings will convene upon adjournment of open session items specified below. Please see closed session agenda attached.
C. CEREMONIAL MATTERS/PRESENTATIONS
There are no agenda items.
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. Approve the closed and open session meeting minutes of June 27, 2023 Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - June 27, 2023
G.3. Approve the closed and open session City Council meeting minutes of July 11, 2023
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - July 11 2023
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G.4. Approve the closed and open session City Council meeting minutes of July 25, 2023
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - July 25, 2023
G.5. Receive and file the Investment Report for Fiscal Year 2022/2023 Quarter 4 Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - Investment Report FY 22/23 Quarter 4
Attachment 1 - Investment Report
G.6. Adopt the City Council Strategic Plan for the period of July 1, 2023 – June 30, 2025
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Strategic Plan Adoption
Attachment 1 - Strategic Plan 2023-2025
G.7. Receive and file the list of upcoming and to be determined City Council agenda items for the third quarter of 2023
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - 3rd Quarter Agenda Item Review
Attachment 1 - Tentative Agenda Item and TBD List
G.8. Adopt a resolution amending budget resolution 2023-061 to appropriate funding to the Fiscal Year 2023/24 Capital Improvement Budget to CIP No. 22-004 the Pioneer Park Play Area Upgrades in the amount of $300,000 from Fund 115 Insurance Reserve; and authorize the City Manager to finalize and sign the amendment(s) to agreement 5354 with GameTime to complete the adaptive play structures at Pioneer Park
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8246 Staff Report - Pioneer Park Budget Amendment
Attachment 1 - Draft Resolution
G.9. Adopt a resolution authorizing the City Manager to finalize and execute an agreement with the Conservation Corps North Bay for a total amount of $255,000 not to exceed $85,000 per fiscal year, with the option to renew for a second and third year pending fiscal year 2024/2025 and 2025/2026 budget authorization
Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8280 Staff Report - Conservation Corp Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Proposed Agreement
G.10. Adopt a resolution approving the plans and specifications, authorizing advertisement of bids, and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301, Existing Facilities for the Diablo Ave / DeLong Ave Corridor between Novato Blvd & Reichert Ave project, CIP Project No. 22-003; Federal-Aid Project No. HSIPL-5361(031) Page | 5 Phone No. (415) 899-8900
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Staff contact: Gosia Woodfin, Associate Engineer, 899-8246 Staff Report - Diablo/DeLong Plans, Specs and Authorization to Bid Attachment 1 - Draft Resolution
Attachment 2 - Vicinity Map
Attachment 3 - Budget Excerpt
G.11. Adopt a resolution authorizing the City Manager to execute Amendment No. 2 to Agreement #5259 with DC Electric Group to add $89,100 to upgrade flashing crosswalk systems with rectangular rapid-flashing beacons (RRFBs) and install radar feedback signs at various locations in Novato.
Staff contact: Petr Skala, Associate Engineer, 899-8246 Staff Report - DC Electric Maintenance Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Agreement Amendment No. 2
G.12. Adopt a resolution authorizing the City Manager or their designee to execute an amendment to Maintenance Agreement 5334A with Universal Building Services and Supply Co. by adding $35,000 for a total not to exceed $295,000 for janitorial services for the city for Fiscal Year 2023-24 Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8280 Staff Report - UBS Janitorial Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Agreement Amendment
G.13. Adopt a resolution authorizing the City Manager to finalize and sign an Agreement with Coastland Civil Engineering, Inc. (Coastland) not to exceed $150,000 to continue private development engineering services ending on June 30, 2024, with option to renew for four subsequent fiscal years Staff contact: David Dammuller, Engineering Services Manager, 899-8246 Staff Report - Coastland Civil Engineering Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Draft Agreement
G.14. Adopt job descriptions for Deputy City Manager and Chief Information Officer, amend job descriptions for Assistant City Manager, Finance Director, Deputy Finance Director and Finance Manager, set the salary schedule for Deputy City Manager, Finance Manager and Chief Information Officer classifications and adopt a resolution approving an updated salary schedule and amending the budget in the amount of $160,000 for fiscal year 2023-24
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Updates to Central Admin & Admin Services Attachment 1 - Job Descriptions
Attachment 2 - Draft Resolution
Attachment 3 - Updated Salary Schedule
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G.15. Adopt a resolution authorizing the City Manager to execute a first amendment to the December 1, 2012, Loan Agreement with Bank of Marin thereby extending the timeline to provide certain information to the Bank Staff contact: Amy Cunningham, Administrative Services Director, 899-8900 Staff Report - Bank of Marin Loan Amendment
Attachment 1 - Draft Resolution
Attachment 2 - First Amendment to 2012 Loan Agreement
Attachment 3 - Original 2012 Loan 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.
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 acted upon by a separate vote.
J.1. Receive staff recommendations and applicant presentations for Request for Information (RFI) proposals for the use of City-owned properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153- 063-15); and consider, discuss, and possibly give direction to staff regarding the use of City-owned properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15)
Staff contact: Sullina Sanchez, Principal Management Analyst, 899-8900 Staff Report - Simmons and Hanen House RFI Results
Attachment 1 - Request for Information Document
Attachment 2 - RFI- Henry Hautau
Attachment 3 - RFI - Mary Stompe
Presentation - Staff
Presentation - Henry Hautau
Presentation - Mary Stompe
Adjourn to closed session for the reasons specified in the attached closed session agenda under item C.1
Upon conclusion of the closed session on item C.1, the City Council will re-convene in open session at which time the City Council will further consider, discuss and possibly give direction to staff regarding the use of said real properties, including deciding which proposer should be given the opportunity to utilize said real properties and, if so, the conditions under which such use will be permitted.
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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: Adam McGill, City Manager, 899-8900
Staff Report - Grand Jury Response: Fiscal Deficits
Attachment 1 - Resolution
Attachment 2 - Redlined July 25, 2023 Draft Response
Attachment 3 - Grand Jury Report: Novato's Fiscal Deficits Attachment 4 - Summary of Penal Code Requirements
J.3. Consider and possibly adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s response to the Marin County Civil Grand Jury report titled, “Build More ADUs – An Rx to Increase Marin’s Housing Supply,” published June 15, 2023
Staff contact: Steve Marshall, Deputy Director of CDD, 899-8989 Staff Report - Grand Jury Response: ADUs
Attachment 1 - Draft Resolution
Attachment 2 - Grand Jury Report: ADUs
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
There are no agenda items.
M. FURTHER CLOSED SESSION ITEMS
Following public comment on the closed session items C.2 and C.3 (as identified on the attached closed session agenda), the City Council will adjourn to closed session for the reasons specified in the attached closed session agenda under items C.2 and C.3.
N. ADJOURNMENT
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City Council
Closed Session Agenda
CITY COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
and
CITY ADMINSTRATIVE OFFICES
922 MACHIN AVE
NOVATO, CA 94945
Tuesday, August 22, 2023
Upon Adjournment of Open Session
CLOSED SESSION ITEMS
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code 54956.8)
Property: Simmons House, 900 Sherman Avenue (APN: 153-063-14) and Hanen House, 908 Sherman Avenue (APN: 153-063-15)
Agency Negotiators: Adam McGill, Gary Bell, Jessica Deakyne, Sullina Sanchez Negotiating Parties: Henry Hautau and Mary Stompe
Under Negotiation: Price and Terms of Payment
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code 54956.8)
Property: Depot Lot, 695 Grant Avenue (Parcel Number 153-057-22) Agency Negotiators: Adam McGill, Gary Bell, Vicki Parker Negotiating Parties: San Francisco Brewing Company
Under Negotiation: Price and Terms of Payment
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C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov. Code, § 54956.8)
Property: Marin Valley Mobile Country Club, 100 Marin Valley Dr, Novato, CA 94945
Agency Negotiators: Adam McGill, City Manager
Negotiating Parties: HCA Property Management, Inc
Under Negotiation: Price and Terms of Payment
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 August 22, 2023, the open and closed session 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