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Novato City Council
July 9, 2024

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Minutes
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July 9, 2024
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Novato City Council
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NOVATO CITY COUNCIL

MEETING MINUTES

COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
July 9, 2024 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:01 p.m., with Jackson, Mayor for the Day, leading the Pledge of Allegiance.

COUNCIL PRESENT: Mayor Mark Milberg, Mayor Pro Tempore Tim O’Connor Councilmember Pat Eklund, Councilmember Rachel Farac, and Councilmember Susan Wernick
STAFF PRESENT: City Manager Amy Cunningham, Police Chief Jim Naugle, Public Works Director Nick Nguyen, Finance Director Carla Carvalho-Degraff, Associate Engineer Gosia Woodfin, Management Analyst II Emily Warne, Assistant City Attorney Mackenzie Anderson and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.

C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Parks and Recreation Month
Recreation, Cultural and Community Services Advisory Commission Chair Nancy Weber, Vice Chair Emily Larsen, and members Betsy Ricketts and Suzanne Crow were present to accept the proclamation.

D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to approve the Final Agenda.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.

E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
City Manager Cunningham reported on various City matters and the City Council gave reports on meetings and events they had attended.

F. PUBLIC COMMENT

1. Mary Stompe

2. Benie Meyers
G. CONSENT CALENDAR
Item G.9 was pulled from the Consent Calendar and placed at the end of General Business.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to approve the Consent Calendar, with Item G.9 removed.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.

G.1. Waive reading and authorize introductions and/or adoption of ordinances by title only this was a standard procedural action so that the City Council did not have to read ordinances aloud in their entirety
G.2. Approve the City Council open and closed session meeting minutes of June 11, 2024
The City Council approved the open and closed session meeting minutes of June 11, 2024.

G.3. Approve the closed session City Council meeting minutes and open session Joint City Council / City Council as Successor Agency to Dissolved Redevelopment Agency / Novato Public Finance Authority meeting minutes of June 25, 2024
The City Council approved the closed session City Council meeting minutes and open session Joint City Council / City Council as Successor Agency to Dissolved Redevelopment Agency / Novato Public Finance Authority meeting minutes of June 25, 2024.

G.4. Adopt ordinance 1716 amending Chapter XX of the Novato Municipal Code governing mobilehome rent control
The City Council adopted Ordinance 1716.

G.5. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 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)
The City Council accepted the work as complete and authorized the City Manager to sign the Notice of Completion.

G.6. Adopt a resolution authorizing the City Manager or their designee to execute Amendment No. 1 to Agreement 5489 extending the services provided by Municipal Resource Group, LLC (MRG) for continued assistance with the Human Resources Division for a not exceed amount of $40,500, bringing the total contract amount to no more than $94,500
The City Council adopted Resolution No. 2024-057.

G.7. Receive and file the City of Novato’s fourth quarter payment register report for the months of April, May and June 2024
The City Council received and filed the report.

G.8. Adopt a resolution authorizing the City Manager or their designee to execute an amendment to Professional Services Agreement 5535 with Teri Black & Co. by adding $98,400 for a total not to exceed $131,000 and modifying the scope of services for executive recruitments for the City The City Council adopted Resolution No. 2024-058.

G.9. Adopt a resolution approving and authorizing the Mayor to execute the City of Novato's response to the Grand Jury Report: “With Power Comes Responsibility - Youths under age 16 Operating Class 2 E-Bikes: A Safety Risk” and submit response to Marin County Grand Jury
This item was pulled from the Consent Calendar and placed at the end of General Business.

G.10. Adopt a resolution authorizing the City Manager or their designee to amend Maintenance Agreement 5474 with Marin Sanitary Services by adding $8,431 for the Recollect app for Street Sweeping Services for a total not to exceed $1,354,234
The City Council adopted Resolution No. 2024-059.

G.11. Adopt a resolution authorizing the City Manager or their designee to negotiate and execute an Amendment to Agreement No 5479 with Coastland Civil Engineering, Inc. (Coastland) not to exceed $300,000 to continue private development engineering services ending on June 30, 2025, with option to renew for two subsequent fiscal years thereafter for a total of three years, subject to Council budget approval of future years The City Council adopted Resolution No. 2024-060.

H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.

I. PUBLIC HEARINGS

Public Works Director Nick Nguyen and Management Analyst II Emily Warne gave an overview of the Landscape and Lighting Districts, and the City Council discussed Items I.2- I.4 first.

After holding the public hearings and adopting resolutions for Items I.2 – I.4, Councilmember Wernick announced that she would be recusing herself from Item I.1 due to real property that she owned and left the dais at 6:44pm.

Management Analyst Warne presented the Item for I.1, and the City Council held the public hearing and adopted the resolution. Councilmember Wernick returned to the dais at 6:47pm.

I.1. Hold a public hearing and consider adopting a resolution confirming the diagram and assessment roll as set forth in the annual Engineer’s Report for the San Marin Landscaping Assessment District A-81 and thereby levy the assessment as set forth therein for Fiscal Year 2024/25 CEQA: Exempt pursuant to Section 15301, Existing Facilities Councilmember Wernick recused herself from Item I.1 due to real property that she owned.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem O’Connor, the City Council voted 4-0-1 via roll call to adopt the resolution confirming the diagram and assessment roll as set forth in the annual Engineer’s Report for the San Marin Landscaping Assessment District A-81 and thereby levy the assessment as set forth therein for Fiscal Year 2024/25.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-064.

I.2. Hold a public hearing and consider adopting a resolution confirming the diagram and assessment roll as set forth in the annual report of the Engineer of Work for the San Pablo Subdivision Landscape District A-03 and thereby levy the assessment as set forth therein for Fiscal Year 2024/25 CEQA: Exempt pursuant to Section 15301, Existing Facilities PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Pro Tem O’Connor and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to adopt the resolution confirming the diagram and assessment roll as set forth in the annual report of the Engineer of Work for the San Pablo Subdivision Landscape District A-03 and thereby levy the assessment as set forth therein for Fiscal Year 2024/25.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-061.

I.3. Hold a public hearing and consider adopting a resolution confirming the diagram and assessment roll for the Wildwood Glen Landscaping District C91 as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2024/25 CEQA: Exempt pursuant to Section 15301, Existing Facilities PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt the resolution confirming the diagram and assessment roll for the Wildwood Glen Landscaping District C-91 as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2024/25
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-062.

I.4. Hold a public hearing and consider adopting a resolution confirming the diagram and assessment roll for the Hillside Park Unit 4 Landscape Assessment District as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2024/25 CEQA: Exempt pursuant to Section 15301, Existing Facilities PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Farac and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to adopt the resolution confirming the diagram and assessment roll for the Hillside Park Unit 4 Landscape Assessment District as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2024/25.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-063.

J. GENERAL BUSINESS
J.1. Receive a report on the status of the City’s roadway pavement condition Public Works Director Nguyen opened the item and introduced consultant Margot Yapp from NCE who gave the presentation. Ms. Yapp responded to Council questions along with Director Nguyen and Associate Engineer Gosia Woodfin.

PUBLIC COMMENT: None
The City Council took a brief recess at 7:48 pm and returned at 7:58pm.

J.2. Receive and File Report on the Five-Year Forecast for the General Fund Finance Director Carla Carvalho-DeGraff opened the item and introduced consultant Andrew Heath who gave the presentation.

PUBLIC COMMENT:

1. Paul Shaw
J.3. Receive a presentation on the results of the 2024 Community Opinion Survey conducted by Godbe Research
City Manager Amy Cunningham opened the item and Bryan Godbe from Godbe Research joined via teleconference to give the presentation.

PUBLIC COMMENT:

1. Paul Shaw
The City Council took a recess at 9:52 pm and returned at 9:56pm.

PULLED FROM CONSENT
G.9. Adopt a resolution approving and authorizing the Mayor to execute the City of Novato's response to the Grand Jury Report: “With Power Comes Responsibility - Youths under age 16 Operating Class 2 E-Bikes: A Safety Risk” and submit response to Marin County Grand Jury
Councilmember Eklund explained that she pulled this item from the Consent Calendar so that the Council could have further discussion on the item. Police Chief Jim Naugle was present to respond to questions and the City Council gave edits to the proposed response.

PUBLIC COMMENT:

1. Bob Middlestadt

2. Johnathan Friedman
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to adopt the resolution approving and authorizing the Mayor to execute the City of Novato's response to the Grand Jury Report: “With Power Comes Responsibility - Youths under age 16 Operating Class 2 E-Bikes: A Safety Risk” and submit response to Marin County Grand Jury, with the understanding that Exhibit A would be modified along with the letter to the community.

AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-072.

K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS There were no items for this section.

L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 10:47 pm, the City Council adjourned the meeting in memory of Maureen Beldsoe and Rich Nave.

I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of August 27, 2024. /Laura McDowall/
___________________
Laura McDowall, City Clerk

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