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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, March 25, 2025 - 6:00 PM
Mayor
Tim O’Connor
Mayor Pro Tempore
Rachel Farac
Councilmembers
Pat Eklund
Kevin Jacobs
Mark Milberg
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 - Recognizing Ross Millerick
Ross Millerick Proclamation
C.2. Police Department Annual Report
Presentation
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.
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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 closed and open session meeting minutes of March 11, 2025
Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - March 11, 2025
G.3. Adopt ordinance 1723 amending Chapter XIX (Zoning) of the Novato Municipal Code regarding emergency shelters, community care facilities, residential care facilities for the elderly, and alcoholism or drug abuse recovery or treatment facilities, and finding the amendments to be exempt from additional California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15162 and Section 15061(b)(3) Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Ordinance 1723 Adoption
Attachment 1 - Ordinance 1723
G.4. Approve seven artist selections for the Downtown Utility Box Art Program led by Leadership Novato Class of 2025 Team Big Rock Ridge, as recommended by the Recreation, Cultural and Community Services Advisory Commission
Staff contact: Katie Gauntlett, PRCS Director, 899-8900 Staff Report - Utility Art Box Selections
Attachment 1 - Utility Box Art Locations
Attachment 2 - Administrative Policy 5.13 Art In Public Places Program Attachment 3 - DNBA Letter of Support
Attachment 4 - Utility Box Art Project Guidelines
Attachment 5 - Utility Box Art Program Artist Statements & Artwork G.5. Adopt a resolution approving and authorizing the City Manager to execute Amendment No. 2 to the Ground Lease Agreement with Vero West 103 LLC for the lease of a portion of the City property located at 501 Davidson Street Staff contact: Amy Cunningham, City Manager, 899-8900
Staff Report - Vero West Second Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Ground Lease Amendment 2
Attachment 3 - Ground Lease Agreement
Attachment 4 - Ground Lease Amendment 1
G.6. Adopt a resolution approving the plans and specifications for the 2025 Annual Pavement Rehabilitation project (CIP 25-001) with the exception of the striping plan for Grant Avenue, authorizing bid advertisement, and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities
Staff contact: Gosia Woodfin, Associate Engineer, 899-8246 Staff Report - Annual Pavement Rehab Plans & Specs
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Attachment 1 - Draft Resolution
Attachment 2 - Location Map
G.7. Adopt a resolution awarding the construction contract for the Margaret Todd Senior Center Roof Replacement and the Downtown Recreation Center/Novato Gymnastics Center Roof Replacement Project (CIP Project Nos. 19-006 and 24-004), for the Base Bid of $753,900, and bid alternatives and a 20% contingency in the amount of $1,110,030 to Diablo Roofing Inc. as the lowest responsible bidder, and authorize the City Manager, or his/her designee, to execute the construction contract, contingent upon approval of the midyear budget adjustments which requests an increase to the Capital Improvement Program (CIP) budget in the amount of $200,000 Staff contact: Emily Warne, Management Analyst II, 899-8900 Staff Report - MTSC & DRC Roof Replacement
Attachment 1 - Draft Resolution
Attachment 2 - Bid Abstract
Attachment 3 - Site Location
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 acted upon by a separate vote.
J.1. Receive the Community Development Department’s Service Improvements Phase 2 March 2025 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 Organizational Assessment March 2024 Attachment 2 - Phase 2 Status Report March 2025
Attachment 3 - Customer Satisfaction Survey Results March 2025 Presentation
J.2. 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: Timothy Burke, Interim Director of Public Works, 899-8246 Staff Report - Construction Management Plan
Attachment 1 - Summary of Novato Municipal Code Sections Attachment 2 - Mill Valley CMP Requirements
Attachment 3 - Example of a Mill Valley CMP
Presentation
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J.3. Receive a presentation and consider adopting a resolution amending the City of Novato Operating Budget and Capital Improvement Program (CIP) budget for Fiscal Year 2024/25 and direct the City Manager to take actions necessary to enact approved budget modifications
Staff contact: Jennifer Maldonado, Principal Analyst, 899-8900 Staff Report - Mid-Year Budget Report
Attachment 1 - Draft Resolution
Attachment 2 - Reserve Policies
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
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 March 25, 2025, 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