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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, November 14, 2023 - 6:00 PM
Mayor
Susan Wernick
Mayor Pro Tempore
Mark Milberg
Councilmembers
Pat Eklund
Rachel Farac
Tim O’Connor
Acting City Manager
Jessica Deakyne
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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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
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: United Against Hate Week
Proclamation- United Against Hate Week
C.2. Proclamation: National Family Caregivers Month
Proclamation: National Family Caregivers Month
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.
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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 City Council meeting minutes of September 26, 2023 Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - September 26, 2023
G.3. Approve the City Council closed and open session meeting minutes of October 10, 2023
Staff Contact: Laura McDowall, City Clerk , 899-8986
Minutes - October 10, 2023
G.4. Adopt Ordinance 1708 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)
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Mobile Food & Sidewalk Vending Ordinance Adoption Attachment 1 - Ordinance 1708
G.5. Adopt Ordinance 1709 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: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Fire Mitigation Ordinance Adoption
Attachment 1 - Ordinance 1709
G.6. Approve and authorize the Mayor to sign on behalf of the City a consent to simultaneous representation by Colantuono, Highsmith & Whatley, PC (CHW) of the City of Novato and the Marin County Assessor Staff contact: Gary B. Bell, City Attorney
Staff Report - Consent for Simultaneous Representation
Attachment 1 - Consent to Simultaneous Representation Letter G.7. Receive and file Fiscal Year 2020/2021 Measure F report Staff contact: Amy Cunningham, Deputy City Manager, 899-8900 Staff Report - FY 20-21 Measure F Report
Attachment 1 - FY 20-21 Measure F Report
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G.8. Approve amended classification of Information Technology Technician I/II Staff contact: Jessica Collins, Human Resources Manager, 899-8900 Staff Report - IT Technician I/II
Attachment 1 - Job Description
G.9. Authorize the City Manager to execute an amendment to the Consultant Services Agreement (CSA) #4682 with GHD, Inc. for engineering design services for the Grant Avenue Bridge Rehabilitation, CIP Project No. 09-003, Federal-Aid Project No. BHLS-5361(023)
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - GHD CSA Amendment
Attachment 1 - Scope of Work
Attachment 2 - Cost Proposal
Attachment 3 - Budget Excerpt
G.10. Receive and file the Investment Report for FY 23/24 Quarter 1 Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - FY 23-24 Q1 Investment Report
Attachment 1 - Investment Report
G.11. Approve an updated City of Novato salary schedule Staff contact: Greg Canfield, Management Analyst II, 899-8900 Staff Report - Updated Salary Schedule
Attachment 1 - Updated Salary Schedule
G.12. Approve the updated job descriptions for the classifications of Public Works Director and Public Works Deputy Director
Staff contact: Jessica Collins, Human Resources Manager, 899-8900 Staff Report - Director and Deputy Director of Public Works Attachment 1 - Public Works Director Job Description
Attachment 2 - Deputy Public Works Director Job Description G.13. Adopt a resolution authorizing the City Manager to execute an Exclusive Negotiation Agreement by and between the City of Novato and The Sherman Group for 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 - The Sherman Group Exclusive Negotiation Agreement Attachment 1 - Draft Resolution
Attachment 2 - Draft Exclusive Negotiation Agreement
H. UNFINISHED AND OTHER BUSINESS
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 and consider adopting a resolution denying an appeal of an overhead utility undergrounding condition and approving the Design Review for the Moghaddasi Residence, proposed on a vacant lot on the south side of Burning Tree Drive approximately 270-Feet Northwest of Obertz Lane, APN 160-335-02
CEQA: Categorically Exempt; CEQA Guidelines Section 15303 Staff contact: Steve Marshall, Deputy Director, Community Development Department, 899-8900
Staff Report - Public Hearing and Appeal - 19 Burning Tree Attachment 1 - Draft Resolution
Attachment 2 - Planning Commission Resolution 2023-006
Attachment 3 - Appeal Rifkind Law and Mediation August 15, 2023 Attachment 4 - Correspondence - Rifkind Law and Mediation August 11, 2023 Attachment 5 - Email - William Byrd August 21, 2023
Attachment 6 - Email - Jeanne MacLeamy September 26, 2023 Attachment 7 - Cost Estimate Package - Utility Undergrounding I.2. Hold a public hearing and adopt a resolution for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-2.54 of the City of Novato Municipal Code Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Prohibition of Excavation
Attachment 1 - Draft Resolution
Attachment 2 - Notice of Public Hearing
Attachment 3 - Exhibit A: Street List
Attachment 4 - Vicinity Map
J. GENERAL BUSINESS
There are no agenda items.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS There are no agenda items.
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.
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AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Wednesday before the Council meeting of November 14, 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