Page | 1 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, December 12, 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.
Page | 2 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
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 a standard procedural action so that the City Council does not have to read ordinances aloud in their entirety
Page | 3 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
G.2. Approve the City Council Closed Session Special Meeting Minutes of November 6, 2023
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - November 6, 2023
G.3. Accept the work as complete and authorize the Acting City Manager to sign the Notice of Completion for the Citywide Play Structure Upgrades Project, CIP No. 22-006.
CEQA: Exempt pursuant to CEQA Guidelines Section 15301(d) Existing Facilities
Staff contact: Chris DeGabriele, Interim Public Works Director, 899-8246 Staff Report - Citywide Play Structure Notice of Completion Attachment 1 - Notice of Completion
G.4. Adopt a resolution approving a written indemnification for the County of Marin, the Department of Public Works and the Marin County Board of Supervisors releasing them of any and all liability related to the scope of work within the City of Novato's jurisdiction for the updates made in the Countywide Traffic Signal Safety Improvement Project
Staff contact: Karman V. Wright, Public Works Administrative Manager, 899-8900 Staff Report - Accessible Pedestrian Signals Indemnification Attachment 1 - Draft Resolution
Attachment 2 - Draft Indemnity Agreement
G.5. Adopt a resolution authorizing staff to execute lease agreements for three vehicles in the amount of $34,645.68 a year and execute the purchase of two motorcycles in the amount of $67,495.78
Staff contact: Emily Warne, Public Works Management Analyst II, 899-8900 Staff Report - City Fleet Purchases
Attachment 1 - Draft Resolution
G.6. Adopt a resolution:
1) Granting an appeal of the Design Review Commission and Planning Commission’s approval of the Moghaddasi residence;
2) Finding the proposed residence to be exempt from CEQA (CEQA Guidelines Section 15303);
3) Approving a development standards exception allowing the payment of a fee in-lieu of undergrounding existing above ground utility lines; and
4) Approving the Design Review for the residence to be located on a vacant lot on the south side of burning tree drive approximately 270- feet northwest of Obertz Lane, APN 160-335-02
Staff contact: Kaitlin Zitelli, Senior Planner, 899-8900 Staff Report - Burning Tree Appeal, In-lieu Fee and Design Review Attachment 1 - Draft Resolution
Page | 4 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
G.7. Adopt a resolution ratifying the Acting City Manager’s appointment of Kate Whan, a Retired Annuitant, as Interim Public Works Administrative Manager Staff contact: Jessica Deakyne, Acting City Manager, 899-8900 Staff Report - Kate Whan Retired Annuitant
Attachment 1 - Draft Resolution
Attachment 2 - Employment Agreement
G.8. Adopt a resolution authorizing the Interim City Manager to execute that certain ground lease agreement with Vero West 103 LLC for the lease of a portion of the City property located at 501 Davidson Street and finding the lease exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Jessica Deakyne, Acting City Manager, 899-8900 Staff Report - 501 Davidson Lease Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Ground Lease Agreement
G.9. Adopt a resolution providing a one-time performance bonus to the Acting City Manager in the amount of $4,577.26
Staff contact: Jessica Collins, Human Resources Manager; 899-8900 Staff Report - Acting City Manager Performance Bonus
Attachment 1 - Draft Resolution
G.10. Adopt a resolution adopting out-of-class pay for the Interim City Manager and a resolution appointing Deputy City Manager Amy Cunningham as Interim City Manager
Staff contact: Jessica Collins, Human Resources Manager, 899-8900 Staff Report - Interim City Manager
Attachment 1 - Draft Resolution Out-of-Class Pay
Attachment 2 - Draft Resolution Appointing Interim City Manager H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. PUBLIC HEARINGS
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. Reorganize the City Council to appoint a new Mayor and Mayor Pro Tempore Staff contact: Laura McDowall, City Clerk, 899-8986
Staff Report - City Council Reorganization
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.
Page | 5 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
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 December 12, 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