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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, September 24, 2024 - 6:00 PM
Mayor
Mark Milberg
Mayor Pro Tempore
Tim O’Connor
Councilmembers
Pat Eklund
Rachel Farac
Susan Wernick
City Manager
Amy Cunningham
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 Service Dog Month
Proclamation - National Service Dog 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.
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. Approve the closed and open session City Council meeting minutes of July 23, 2024
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - July 23, 2024
G.3. Approve the closed and open session City Council meeting minutes of August 27, 2024
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - August 27, 2024
G.4. Appoint Councilmember Pat Eklund as the representative to the Marin County Sea Level Rise Governance Steering Committee
Staff Contact: Laura McDowall, City Clerk, 899-8986
Staff Report - Marin County Sea Level Rise Governance Steering Committee Attachment 1 - Request Letter from County of Marin
Attachment 2 - Marin County Sea Level Rise Handout
G.5. Adopt the City Council meeting schedule for 2025, holding a regular City Council meeting every second and fourth Tuesday with certain exceptions Staff Contact: Laura McDowall, City Clerk, 899-8986
Staff Report - 2025 City Council Meeting Schedule
Attachment 1 - Proposed 2025 City Council Meeting Schedule Attachment 2 - Resolution 2018-006
G.6. Adopt a resolution accepting a $119,000 Selective Traffic Enforcement Program (STEP) grant from the California Office of Traffic Safety (OTS) and amend the budget for Fund 231 – Special Police Projects to increase expenditures and revenues in the amount of the grant and authorize the City Manager to execute the grant agreement and related operating budget adjustments
Staff contact: Jim Naugle, Chief of Police, 897-4361
Staff Report - OTS STEP Grant
Attachment 1 - Draft Resolution
Attachment 2 - Grant Agreement
G.7. Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Environmental Geology Services for testing and design support, in the sum of $148,461.50, which includes a 10% contingency, for the Underground Fuel Tank Replacement, CIP No. 22-002 Staff contact: Petr Skala, Associate Engineer, 899-8246 Staff Report - Environmental Geology Services Agreement Attachment 1 - Draft Resolution
Attachment 2 - Draft Professional Services Agreement
Attachment 3 - Proposal from Environmental Geology Services Page | 4 Phone No. (415) 899-8900
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G.8. Adopt a resolution authorizing the City Manager to execute agreements for on-call as-needed municipal engineering, design and construction management services with CSW-ST2, Kimley Horn and Associates, Inc., Pavement Engineering Inc., Schaaf and Wheeler Consulting Engineers, Verde Design, Inc., and W-Trans for a three-year period in an amount not-toexceed $300,000 per consultant, with no obligation for the City award any work during this timeframe
Staff contact: Nicholas Nguyen, PE, Director of Public Works, 899-8246 Staff Report - Engineering Services
Attachment 1 - Draft Resolution
Attachment 2 - Professional Services Agreement Template G.9. Adopt a resolution authorizing the City Manager to execute agreements for on-call as-needed maintenance services with the following contractors:
ACCO Engineered Systems, DC Construction, Inc., Land Revision, Natalini Industries LLC, SkyView Tree Experts Inc., Valentine Corporation, and West Coast Arborists Inc. for a three-year period in an amount not-to-exceed $100,000 per contractor per agreement, with staff oversight and no obligation for the City to award any work during this timeframe Staff contact: Nicholas Nguyen, PE, Director of Public Works, 899-8246 Staff Report - Maintenance Agreements
Attachment 1 - Draft Resolution
Attachment 2 - Maintenance Agreement Template
G.10. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Marin Valley Mobile Country Club (MVMCC) Pump Station No. 1 Improvements, CIP Project #19-302
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8246 Staff Report - MVMCC Pump Station NOC
Attachment 1 - Notice of Completion
Attachment 2 - Vicinity Map
Attachment 3 - MVMCC Budget Excerpt
Attachment 4 - Resolution 2022-027
G.11. Adopt a resolution amending the Fiscal Year (FY) 2024/25 capital improvement program budget to appropriate funding to CIP 22-004 Pioneer Park Play Area Upgrades in the amount of $70,426 from the American Rescue Plan Act (ARPA - Fund 245) and $8,500 from Restricted Revenue (Fund 240); and, accepting the work as complete and authorizing the City Manager to sign the Notice of Completion for the Pioneer Park Play Area Upgrades. CIP No. 22-004
Staff contact: Elisa Sarlatte, Senior Engineer, 899-8246 Staff Report - Pioneer Park Budget Amendment and NOC
Attachment 1 - Draft Resolution
Attachment 2 - Notice of Completion
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G.12. Receive and file the list of upcoming and to be determined City Council agenda items for the third quarter of 2024
Staff contact: Laura McDowall, City Clerk, 899-8986
Staff Report - Agenda Item Review
Attachment 1 - Tentative Agenda Item and TBD List
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. PUBLIC HEARINGS (continued from August 27, 2024)
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. 1st Street & Grant Avenue Mixed-Use (P2023-057)
AB 2011 Objective Design Review, Tentative Map, & Density Bonus Public Hearing to consider and adopt a resolution approving 1st Street & Grant Avenue Mixed-use, including 170 Multi-Family Dwellings (apartments), 8,010 square feet of Ground Floor Retail Space, a 900 Square Foot Ground Floor Leasing Office, and associated parking and site improvements at 1107 Grant Avenue (APNs 141-282-04 & -07)
Staff contact: Steve Marshall, CDD Deputy Director, 899-8900 Staff Report - 1st and Grant Mixed-Use
Attachment 1 - Draft Resolution
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. 1. Receive the Housing and Homeless Committee’s State of Housing and Homelessness Report; and
2. Consider adopting a resolution approving the closure of the Temporary Encampment located at Lee Gerner Park in accordance with the terms of the associated settlement agreement; and
3. Consider adopting a resolution authorizing the City Manager or their designee to execute an agreement with DLB Construction Consulting for services at Lee Gerner Park and find that the approval thereof is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA guidelines sections 15269(b) and 15301-15304; and
4. Consider providing direction to staff on returning to Council with an agreement for services from Specialized Assistance for Everyone (SAFE) Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff report - Housing and Homelessness
Attachment 1 - Settlement Agreement
Attachment 2 - Draft State of Housing and Homeless Report Attachment 3 - Draft Resolution for Lee Gerner Park
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Attachment 4 - DLB Construction Consulting Bid
Attachment 5 - Draft Resolution for DLB Construction Agreement J.2. Consider introducing an ordinance repealing Novato Municipal Code section 14-20.8 and amending Section 7-11.3 regarding unlawful camping to align with recent changes in law and finding the ordinance exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3)
Staff contact: Sullina D. Smith, Principal Management Analyst, 899-8900 Staff Report - Camping Ordinance Update
Attachment 1 - Draft Ordinance
J.3 Receive the Community Development Department’s Service Improvements Phase 1 September 2024 report regarding actions taken in response to the Building Division Organization Assessment report prepared by Baker Tilly US, LLC in March 2024
Staff contact: Clare Hartman, Community Development Director, 899-8900 Staff Report - CDD Service Improvements
Attachment 1 - Baker Tilly Assessment - March 2024
Attachment 2 - Assessment Summary of Recommendations - Phase 1 Attachment 3 - CDD Customer Satisfaction Survey
Attachment 4 - Customer Satisfaction Survey Results - September 2024 Presentation
J.4 Discuss and provide feedback on establishing a City of Novato Loan Policy Staff contact: Carla Carvalho-Degraff, Finance Director, 899-8900 Staff Report - Loan Policy
Attachment 1 - Draft Loan Policy
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.
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 September 24, 2024, 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