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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, December 5, 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
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 standard procedural action so that the City Council does not have to Page | 3 Phone No. (415) 899-8900
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read an ordinance aloud in its entirety.
G.2. Approve the City Council meeting minutes of October 24, 2023 Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - October 24, 2023
G.3. Approve the City Council closed and open session special meeting minutes of November 3, 2023
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - November 3, 2023
G.4. Adopt a resolution authorizing the Acting City Manager or designee to execute a cost share agreement with Novato Sanitary District and an MOU with North Marin Water District, and to execute a contract with T2 UES, Inc,. for utility investigation services for the Novato Boulevard Improvement Project, CIP #01-004
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - Novato Blvd Cost Share and T2 UES Agreement Attachment 1 - Draft Resolution
Attachment 2 - T2 UES Proposal
Attachment 3 - Draft Cost Share Agreement with NSD
Attachment 4 - Draft MOU with NMWD
G.5. Adopt a resolution amending the Capital Improvement Program Budget to allocate funds from closed projects to other projects, transfer funds back to original funding sources where no longer needed for projects, transfer Measure F (Fund 111) funds to the Long-Term Maintenance Infrastructure (Fund 119) for CIP projects already programmed and authorizing the Acting City Manager or their designee to take the actions necessary to enact the modifications
Staff contact: Carla Carvalho-Degraff, Finance Director, 899-8900 Staff Report - CIP Budget Amendments
Attachment 1 - Draft Resolution
G.6. Quarter 1 Fiscal Year 2023/2024 Budget Performance Report Staff contact: Jennifer Maldonado, Principal Analyst, 899-8900 Staff Report - Budget Performance Report
Attachment 1 - Budget Performance Report
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. Consider completing the annual assessment process for the Downtown Novato Business Improvement District (BID) by holding a public hearing and adopting a resolution confirming the Downtown Novato Business Association/Business Improvement District (DNBA/BID) 2023 Annual Report and 2024 Budget, thereby confirming the levy of BID assessments for calendar year 2024
Staff contact: Sullina Smith, Principal Management Analyst, 899-8900 Staff Report - BID Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Annual Mailing Packet
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 a presentation from staff on the Evaluation Process of City-Owned Properties and provide initial direction on the next steps Staff contact: Sullina Sanchez, Principal Management Analyst, 899-8900 Staff Report - City Owned Property Evaluation Process
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.
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 Thursday before the Council meeting of December 5, 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