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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 24, 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.
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.
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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.
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Recognizing Melanie Fraley, Peter Walsh Award Recipient Proclamation
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.
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G.2. Adopt Ordinance 1707 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)
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - BID Assessment Ordinance Adoption
Attachment 1 - Ordinance 1707
G.3. Receive and file the City of Novato’s first quarter payment register report for the months of July, August and September 2023
Staff contact: Polo Lopez-Carrasco, Accountant II, 899-8900 Staff Report - Quarter 1 Payment Register
Attachment 1 - 1st Quarter Payment Register
G.4. Receive and file Quarter 4 budget report for Fiscal Year 2022/2023 Staff contact: Jennifer Maldonado, Principal Analyst, 899-8900 Staff Report - Quarter 4 Budget Report
Attachment 1 - Quarter 4 Budget Report
G.5. Receive and file Fiscal Year 2019/20 Measure F report Staff contact: Amy Cunningham, Deputy City Manager, 899-8900 Staff Report - Measure F Annual Report
Attachment 1 - Measure F Annual Report
G.6. Approve and authorize the City Manager to execute a Consultant Services Agreement (CSA) with Substrate, Inc for Construction Management, Inspections and Material Testing Services for the Grant Avenue Bridge Rehabilitation, CIP Project No. 09-003, Federal-Aid Project No. BHLS5361(023) Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - CSA with Substrate Inc
Attachment 1 - RFP
Attachment 2 - Substrate Response to RFP
Attachment 3 - Budget Excerpt
G.7. Rescind the action taken on Agenda Item J.2. at the September 12, 2023, meeting and clarify that no committee is being created or was created at that meeting; approve a funding agreement with the Novato Historical Guild and authorize the City Manager to execute same; and direct staff to work with the Novato Historical Guild on executing the agreement and any other matters related to the agreement
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato Historical Guild Funding Agreement Page | 4 Phone No. (415) 899-8900
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Attachment 1 - Draft Funding Agreement
G.8. Consider adopting a resolution approving a grant of $150,000 to Marin Foster Care Association for the acquisition of 49 Ignacio Lane, contingent on securing other funding sources and agreements including deed restrictions, and approving the corresponding budget adjustment Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - MFCA Funding
Attachment 1 - Draft Resolution
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.
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. Receive and file the City of Novato Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020/2021 and adopt a resolution authorizing the transfer of the unassigned general fund balance to the Emergency and Disaster Reserve Fund and the Self-Insurance Reserve fund per City Council policy
Staff contact: Amy Cunningham, Deputy City Manager, 899-8900 Staff Report - Annual Comprehensive Financial Report
Attachment 1 - City of Novato 2021 ACFR
Attachment 2 -City of Novato 2021 Single Audit Report
Attachment 3 - Management Letter 2021
Attachment 4 - Audit Conclusion Letter 2021
Attachment 5 - 2020-21 Agreed Upon Procedures GANN Letter Attachment 6 - City of Novato Reserve Policy
Attachment 7 - Draft Resolution
ACFR Presentation
Audit Presentation
J.2. Consider introducing an ordinance amending Section 18-15 (“Mobile Food Vending”) and adding Section 18-16 (“Sidewalk Vending”) to Chapter XVIII (“Traffic”) of the Novato Municipal Code and finding the amendments and additions to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
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Staff contact: Vicki Parker, Community Development Director, 899-8900 Staff Report – Mobile Food and Sidewalk Vending Ordinance Attachment 1 - Draft Ordinance
Presentation
J.3. Consider introducing 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: Katie Gauntlett, Parks, Recreation, & Community Services Director, 899-8900
Staff Report - Fire Mitigation Ordinance
Attachment 1 - Draft Ordinance
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.
K.1. Consider reviewing, discussing, and possibly making 5 appointments to the Economic Development Advisory Commission, 2 appointments to the Finance Advisory Commission, 2 appointments to the Multicultural Advisory Commission and 1 appointment to the Recreation, Cultural and Community Services Advisory Commission
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - CCB Appointments
Presentation
L. WORK STUDY SESSION
There are no agenda items.
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 October 24, 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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