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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 8, 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 - VFW Post 7816
Proclamation - VFW Post 7816 75th Anniversary
C.2 Proclamation - Novato Gymnastics Center 25th Anniversary Proclamation - Novato Gymnastics Center
C.3 Proclamation - Unity Day 2024
Proclamation - Unity Day
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Proposed Agenda Item - O'Connor: Create a Digital Safety Course for Children Aged 10-16 Years Old.
O'Connor Proposed Agenda Item
E.2 City Council and City Manager Reports
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 a 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 10, 2024 Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - September 10, 2024
G.3. Adopt a resolution authorizing the City Manager to execute a Purchase and Sale Agreement and the Acceptance of the Grant Deed for right-of-way acquisition at 870 Cypress Ave for the Novato Boulevard Improvement Project, CIP #01-004
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8246 Staff Report - Novato Blvd ROW Acquisition
Attachment 1 - Draft Resolution
Attachment 2 - Right of Way Acquisition Parcel Exhibit
G.4. Receive and file the City of Novato’s first quarter payment register report for the months of July, August and September 2024
Staff contact: Polo Lopez-Carrasco, Accountant II, 899-8900 Staff Report - Q1 Warrant Report
Attachment 1 - 1st Quarter Payment Register
G.5. Adopt a resolution directing staff to issue a Request for Quotes & Information (RFQ/I) for Professional Real Estate Advisory Services Staff contact: Sullina D. Smith, Principal Management Analyst, 899-8900 Staff Report - City-Owned Properties RFQ/I
Attachment 1 - Draft Resolution
Attachment 2 - Draft RFQ/I
Attachment 3 - December 5, 2023 Staff Report
Attachment 4 - April 23, 2024 Staff Report
G.6. Adopt a resolution authorizing the City Manager or their designee to execute an agreement with DLB Construction Consulting in the amount of $197,375 for remediation 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
Staff contact: Sullina D. Smith, Principal Management Analyst, 899-8900 Staff Report - DLB Construction Consulting Agreement
Attachment 1 - Draft Resolution
Attachment 2 - DLB Construction Consulting Bid
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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. Receive a presentation and consider approving the proposed Draft Playground Design for Josef Hoog Community Park, 558 Marin Oaks Drive, as part of the Hoog Park Playground and Accessibility Enhancements Project, CIP #17-004, and authorize the City Manager to execute a purchasing agreement for the play equipment and surfacing for $264,699.38; and make findings of exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities Staff contact: Katie Gauntlett, Parks, Recreation & Community Services Director Staff Report - Hoog Park Design
Attachment 1 - Draft Hoog Park Playground Renderings
Attachment 2 - Online Community Survey Results
Attachment 3 - Community Meeting Engagement Boards
Attachment 4 - Swing Seat Options
Presentation
J.2. Consider adopting a resolution approving the updated City Council Policy manual with or without further amendments or provide direction to staff on further amendments
Staff contact: Amy Cunningham, City Manager, 899-8900
Staff Report - City Council Policy Manual Update
Attachment 1 - Draft Resolution
Attachment 2 - Council Policy Manual with Redline Changes Attachment 3 - Council Policy Manual Clean Copy
J.3 Receive a presentation from the Public Works Department regarding the development of a construction management plan (CMP) policy for private developments and provide direction to staff on applicability and next steps Staff contact: Nicholas Nguyen, PE, Director of Public Works, 899-8246 Staff Report - Construction Management Plan
Attachment 1 - Summary of Municipal Code Sections
Attachment 2 - 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.
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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 October 8, 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