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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 10, 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/45kA32V
or
Join at Zoom.com
Meeting ID: 882 0714 5536
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: 882 0714 5536
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: Bully Prevention Month
Bully Prevention Proclamation
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Mayor Wernick Proposed Agenda Item - Electric Mobility Device Ordinance Proposed Agenda Item - Electric Mobility Device Ordinance E.2. Reports from the City Manager and the City Council F. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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 City Council meeting minutes of September 12, 2023 Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - September 12, 2023
G.3. Adopt Ordinance 1705 amending Novato Municipal Code Chapter XIX (Zoning) to establish Division 19.27 specifying objective architecture standards for residential and residential mixed-use developments and associated amendments noting the applicability of Division 19.27 and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Design Standards Ordinance Adoption
Attachment 1 - Ordinance 1705
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G.4. Award the construction contract 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) in the amount of $862,595 to RK Engineering INC the lowest responsible bidder and authorize the City Manager to execute the construction contract
CEQA: Exempt pursuant to Sections 15301 Existing Facilities - Subsection 15301 (c)
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Diablo/DeLong Construction Contract
Attachment 1 - Bid Abstract
Attachment 2 - Location Map
Attachment 3 - Budget Excerpt
G.5. Adopt a resolution approving the use of a contractor to provide Street Sweeping Services for the City of Novato and authorizing the City Manager or designee to finalize and execute an agreement with Marin Sanitary Service to provide the contracted street sweeping services for a total not to exceed $448,601 for the period between October 2023 and October 2024, with the option to renew for a second & third fiscal year pending Fiscal Year 2024/2025 & 2025/2026 budget authorization for a total not to exceed $1,345,803 and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Emily Kyle, Public Works Management Analyst II, 899-8900 Staff Report - Street Sweeping Services Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Draft Maintenance Agreement
Attachment 3 - RFP
Attachment 4 - Summary of Proposals
G.6. Adopt a resolution authorizing the City Manager to execute an agreement with Krisch & Company Accounting Corporation, for a total amount of $74,000 to provide accounting services to assist with various financial activities and audit preparation
Staff contact: Carla Carvalho-DeGraff, Finance Director, 899-8900 Staff Report - Krisch & Company Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Engagement Letter Krisch & Company
H. WORK STUDY SESSION
There are no agenda items.
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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 to consider and introduce an ordinance amending Section 2-25 of the Novato Municipal Code to change the zones of benefit and increase the assessments for the Downtown Novato Business Improvement District and begin the annual assessment process for the Downtown Novato Business Improvement District (BID) in partnership with the Downtown Novato Business Association (DNBA) by:
A. Receiving a presentation by the Downtown Novato Business Association/Business Improvement District (DNBA/BID) Advisory Board of its 2023 Annual Report and 2024 Proposed BID Budget; and
B. Reviewing, including making any changes if desired, and approving the BID 2023 Annual Report and 2024 Proposed Budget to begin on January 1, 2024; and
C. Adopting a resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District for calendar year 2024 and set a public hearing for December 5, 2023
Staff contact: Sullina Sanchez, Principal Management Analyst, 899-8900 Staff Report - DNBA Report and BID Assessment
Attachment 1 - Draft Ordinance
Attachment 2 - Draft Resolution
Attachment 3 - Annual Report Packet
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 acted upon by a separate vote.
J.1. Adopt a resolution accepting the Novato Housing and Homeless Committee Work Plan for Fiscal Year 2023-2024
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Housing and Homeless Committee Workplan
Attachment 1 - Draft Resolution
Attachment 2 - Draft Workplan
Attachment 3 - Establishing Resolution
Presentation
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J.2. Ordinances prohibiting fires in parks and open spaces:
A. Adopt an urgency ordinance amending Sections 10-2, 10-4, 10-7, and 10-28 of Chapter X of the Novato Municipal Code to prohibit fires in parks and open spaces and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3); and
B. Introduce an ordinance amending Sections 10-2, 10-4, 10-7, and 10-28 of Chapter X of the Novato Municipal Code to prohibit fires in parks and open spaces and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
Staff contact; Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Fire Mitigation Ordinances
Attachment 1 - Draft Urgency Ordinance
Attachment 2 - Draft Ordinance
Presentation
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. 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.
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.
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AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of October 10, 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