Page | 1 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
City Council
Agenda
Tuesday, January 25, 2022 - 6:00 PM
Teleconference Only
Mayor
Eric Lucan
Mayor Pro Tempore
Susan Wernick
Councilmembers
Denise Athas
Pat Eklund
Mark Milberg
City Manager
Adam McGill
City Attorney
Jeff Walter
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 (updated 1/26/22)
Public Participation/Comment Instructions
Members of the Public may participate and provide public comments to teleconference meetings 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. • Spoken public comments will be accepted through the Zoom meeting platform and via telephone.
To address the Council orally, please read and follow the following instructions carefully:
Page | 2 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
1. Join the meeting at: https://bit.ly/3tLHLnI
or
Join at Zoom.com
Meeting ID: 812 1503 3964
Password: 1960
Should the links above not work, please go to www.novato.org/agendas for updated information a. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you when it is your turn to speak. b. When the Mayor calls for public comment on the item on which you wish to speak, please use the “Raise Hand” feature by clicking on the hand icon at the bottom of your screen to notify the Host that you would like to speak.
c. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. d. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
2. Join the meeting via telephone by calling (646) 558-8656.
Meeting ID: 812 1503 3964
Password: 1960
a. When the Mayor calls for public comment on the item on which you wish to speak, press *9 to activate the “Raise Hand” feature to notify the Host that you would like to speak. b. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. c. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
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
Closed Captions
Live closed captions are available. To access closed captions during the meeting, click on the CC icon available through Zoom.
Page | 3 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. APPROVAL OF THE FINAL AGENDA & TELECONFERENCE MEETING
AUTHORIZATION
B.1. Adopt a resolution authorizing continued remote teleconference meetings of the City Council and the City’s Commissions, Committees and Boards pursuant to government code section 54953(e)
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Continued Teleconference Meeting Authorization Attachment 1 - Draft Resolution
I. PUBLIC HEARINGS (this item will be taken out of order) 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. Hold the third redistricting public hearing in accordance with Elections Code section 21607.1(a) and review submitted draft maps
Staff Report - Third Redistricting Public Hearing
Attachment 1 - Public Map 101
Attachment 2 - Public Map 102
Attachment 3 - NDC Map 120
Attachment 4 - NDC Map 121
Attachment 5 - Current City Council District Map
Attachment 6 - PowerPoint Presentation
C. CLOSED SESSION ANNOUNCEMENT
D. CEREMONIAL MATTERS/PRESENTATIONS
There are no agenda items.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. City Council Subcommittee on Homelessness Report Out Lee Gerner Park Presentation
E.2. Reports from the City Council and the City Manager F. PUBLIC COMMENT
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.
Page | 4 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
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 standard procedural action so that the City Council does not have to read an ordinance in its entirety
G.2. Approve the City Council meeting minutes of January 11, 2022 Minutes - January 11, 2022
G.3. Adopt an ordinance amending Chapter XIX (Zoning) of the Novato Municipal Code involving the repeal and replacement of Sections 19.34.030 (Accessory Dwelling Units) and 19.34.031 (Junior Accessory Dwelling Units) and modifying sections of the Zoning Ordinance listed below as required to comply with California Government Code Sections 65852.2 and 65852.22 and finding the amendments to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(h). Other Zoning Ordinance sections referenced to accessory dwelling units and junior accessory dwelling units recommended to be amended:
- 19.08.030 (Agricultural and Resource Zoning District Land Uses and Permit Requirements)
- 19.12.030 (Commercial Industrial District Land Uses and Permit Requirements)
- 19.14.040 (Special Purpose District General Development Standards) - 19.16.070 (Affordable Housing Opportunity (AHO) Overlay District) - 19.20.100 (Setback Requirements and Exceptions)
- 19.24.020 (Affordable Units or Fee Required)
- 19.26.050 (Hillside Project Development Standards)
- 19.30.040 (Number of Parking Spaces Required)
- 19.60.020 (Definitions of Specialized Terms and Phrases) Staff contact: Vivek Damodaran, Planner II, 899-8900
Staff Report - ADU-JADU Ordinance Adoption
Attachment 1 - Ordinance 1676
G.4. Adopt an ordinance approving a master plan, precise development plan, design review, and a density bonus for the Habitat for Humanity Redwood Blvd. development including 80 residential units and a 2,200± square-foot office building located at 8161 Redwood Blvd, APN 125-180-49 Staff contact: Brett Walker, Senior Planner, 899-8900
Staff Report - Habitat for Humanity Ordinance Adoption
Attachment 1 - Ordinance 1677
Page | 5 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
G.5. Introduce an ordinance repealing and reenacting Appendix A to Section 2-
22.1 of the Novato Municipal Code relating to the Conflict of Interest Code, to add, delete or change specific employee position titles Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Conflict of Interest Code Update
Attachment 1 - Draft Ordinance
G.6. Adopt a resolution to accept a $331,035 grant award from the California Department of Justice under the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016 to allow continuation of the School Resource Officer (SRO) program; to educate minors about the harmful effects of using tobacco products; and to enforce State and Local Tobacco laws through tobacco retailer enforcement; and amend the FY 2021/22 operating budget to acknowledge grant funding
Staff contact: Hank Schreeder, Interim Chief of Police, 897-4361 Staff Report - Tobacco Use Prevention Grant
Attachment 1 - Draft Resolution
Attachment 2 - Department of Justice Award Letter
G.7. Adopt a resolution approving a Deed of Conservation Easement from Bay Club impressing Stone Tree Golf Course with a conservation easement running in favor of the City; and authorizing and directing the City Manager to execute and record same along with the Certificate of Acceptance Staff contact: Vicki Parker, Community & Economic Development Director, 899-8900 Staff Report - Stone Tree Conservation Easement
Attachment 1 - Draft Resolution
Attachment 2 - Deed of Conservation Easement
Attachment 3 - Form of Certificate of Acceptance
Attachment 4 - ALTA Survey
G.8. Receive and file the Investment Report for Fiscal Year 2019/2020 Staff Contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Investment Reports
Attachment 1 - FY 19.20 Qtr. 1 Investment Report
Attachment 2 - FY 19.20 Qtr. 2 Investment Report
Attachment 3 - FY 19.20 Qtr. 3 Investment Report
Attachment 4 - FY 19.20 Qtr. 4 Investment Report
G.9. Adopt a resolution approving a professional services contract with Lisa Wise Consulting Inc to perform planning services associated with the 2023- 2031 Housing Element update and associated environmental impact report in an amount not to exceed $928,225 and authorize the City Manager to execute same
Staff contact: Vicki Parker, Community & Economic Development Director, 899-8900 Staff Report - Lisa Wise Consulting Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Consultant Services Agreement with Exhibits Page | 6 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
G.10. Receive and file the City of Novato’s second quarter payment register, purchase order report, and travel expense report for months of October, November and December 2021
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - 2nd Quarter Warrants
Attachment 1 - 2nd Quarter Payment Register
Attachment 2 - 2nd Quarter Purchase Order Reports
Attachment 3 - 2nd Quarter Travel and Training Report
G.11. Approve a sewer License Agreement and Settlement Agreement for the McPhail’s Commercial Office Development (APNs 153-220-16 & 153-220-19) and authorize the City Manager to execute the agreements Staff contact: David Dammuller, Engineering Services Manager, 899-8900 Staff Report - McPhail's Agreements
Attachment 1 - Draft Sewer License Agreement
Attachment 2 - Draft Settlement Agreement
G.12. Adopt a resolution authorizing the City Manager to accept, approve and execute Below-Market-Rate (BMR) housing documents and to delegate such authority to Rise Housing Solutions
Staff contact: Vicki Parker, Community & Economic Development Director, 899-8900 Staff Report - Rise Housing Delegation
Attachment 1 - Draft Resolution
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. PUBLIC HEARINGS (continued)
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.2. Hold a public hearing and adopt a resolution ordering the prohibition of excavation in the traveled way of identified streets to support the upcoming Fiscal Year 2021-22 Annual Pavement Rehabilitation project, CIP No. 22-001 pursuant to Chapter 15-2.54 of the City of Novato Municipal Code Staff contact: Gosia Woodfin, Associate Engineer, 89908900 Staff Report - Prohibition of Excavation
Attachment 1 - Draft Resolution with Exhibit A
Attachment 2 - Notice of Public Hearing
Attachment 3 - Vicinity Map
Attachment 4 - Budget Excerpt
Presentation
Page | 7 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
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. Review and evaluate the City’s Commissions, Committees and Boards to identify efficiencies and ensure alignment with the City Council’s goals and objectives, including possibly:
1. Adopting a resolution to merge the Bicycle/Pedestrian Advisory Committee and Street Improvement Oversight Advisory Committee into a new Complete Streets and Pathways Oversight Committee (CSPOC);
2. Adopting a resolution approving a transfer of the $19,867 balance currently in the Streetscape Upgrades liability account to a new line item within the Sustainability Program operating budget for the remainder of the fiscal year in order to fund the Novato Streetscape Committee’s landscape improvements to the median islands on Redwood Blvd. between Grant Ave. and Olive Ave; and
3. Providing direction to staff on retaining, eliminating or modifying individual Commissions, Committees or Boards in alignment of the City Council’s Goals and Objectives and considering items such as whether to have and utilize alternates for all Commissions, Committees and Boards, updates to attendance rules, the adoption of behavior policies, restrictions to prohibit member from serving on more than one commission at a time and others, as identified by the Council
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - CCB Review
Attachment 1 - Draft Resolution CSPOC Creation
Attachment 2 - Draft Resolution Streetscape Budget Transfer Attachment 3 - CCB List and Establishing Documents
Attachment 4 - City Council Policy Manual Section 3.09
Attachment 5 - CCB Handbook
Presentation
J.2. Discuss and consider providing direction to staff whether to retain or amend Novato Municipal Code Chapter XXI – Novato Political Fairness Campaign Act Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato Political Fairness Act
Attachment 1 - Novato Municipal Code Section XXI
Attachment 2 - FPPC Guide to AB 571
Attachment 3 - Full Text of AB 571
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS Page | 8 Phone No. (415) 899-8900
novato.org Fax No. (415) 899-8213
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.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of January 25, 2022, 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