City Council
MEETING MINUTES
Tuesday, January 25, 2022
6:00 PM
Teleconference via Zoom
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:01 p.m., with Mayor Lucan leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tempore Susan Wernick, Councilmember Denise Athas, Councilmember Eklund and Councilmember Mark Milberg.
STAFF PRESENT: City Manager Adam McGill, Public Works Director-City Engineer Chris Blunk, City Attorney Jeff Walter, Assistant City Attorney Holly Whatley and City Clerk Laura McDowall
B. APPROVAL OF THE FINAL AGENDA & TELECONFERENCE MEETING
AUTHORIZATION
Staff announced they would be pulling item G.11 for consideration at a later date, and Mayor Lucan requested that item G.3 be pulled from the Consent Calendar and placed first under General Business for discussion. Councilmember Eklund requested that an Urgency Item be added as the last item under General Business to discuss the Marin County Council of Mayor and Councilmembers (MCCMC) proposal to create a City/County Services Subcommittee, explaining that the MCCMC agenda had come out after the posting of the City Council agenda and that the need to take action would occur before the next City Council meeting.
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)
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to approve the Final Agenda removing item G.11 from the agenda, pulling item G.3 off the consent calendar and placing it first under General Business and adding the MCCMC City/County Services Subcommittee Urgency Item at the end of general business, and adopt the 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).
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council Adopted Resolution 2022-009.
C. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session upon adjournment of the open session.
D. CEREMONIAL MATTERS/PRESENTATIONS
None
I. PUBLIC HEARINGS (this item was taken out of order)
I.1. Hold the third redistricting public hearing in accordance with Elections Code section 21607.1(a) and review submitted draft maps
National Demographics Corporation Consultant Doug Yoakim opened the item and Assistant City Attorney Holly Whatley was present to answer questions. The Council reviewed the draft maps received, made suggested edits, and outlined changes they would like to see in the district boundary lines. There was general consensus to make the suggested updates to Public Map 101 and bring a revised map back for further consideration and feedback at the next Redistricting public hearing scheduled for February 15, 2022 along with any other draft maps received from the public.
PUBLIC COMMENT
1. Zachary Griggy
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. City Council Subcommittee on Homelessness Report Out Public Works Director-City Engineer Chris Blunk gave a presentation on the Temporary Camp at Lee Gerner Park.
E.2. Reports from the City Council and the City Manager City Manager McGill reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
None
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Consent Calendar with item G.11 removed from the agenda and item G.3 pulled off the Consent Calendar and placed as the first item under General Business.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
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 an ordinance in its entirety
G.2. Approve the City Council meeting minutes of January 11, 2022 The City Council approved the meeting minutes of 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) This item was pulled off the Consent Calendar and placed under General Business.
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 The City Council adopted Ordinance 1677.
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 The City Council introduced Ordinance 1679.
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
The City Council adopted Resolution No. 2022-012.
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 The City Council adopted Resolution No. 2022-014.
G.8. Receive and file the Investment Report for Fiscal Year 2019/2020 The City Council received and filed the reports.
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
The City Council adopted Resolution No. 2022-015.
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
The City Council received and filed the reports.
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 This item was removed from the agenda.
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
The City Council adopted Resolution No. 2022-013.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS (continued)
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 Mayor Lucan and Councilmember Milberg announced they would be recusing themselves because their places of employment were located on streets identified for pavement rehabilitation and turned their cameras off at 7:39 p.m. Mayor Pro Tem Wernick chaired the item and Public Works Director-City Engineer gave the presentation and responded to Council questions.
PUBLIC COMMENT
1. Shar Zamanpour
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 3-0-2 via roll call to 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, with Councilmember Milberg and Mayor Lucan recused.
AYES: ATHAS, WERNICK, EKLUND
NOES: NONE
RECUSED: MILBERG, LUCAN
Motion carried. The City Council adopted Resolution No. 2022-008.
Councilmember Milberg and Mayor Lucan returned to the meeting and turned their cameras on at 7:59 p.m.
J. GENERAL BUSINESS
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) Mayor Lucan explained that he pulled this item off the consent calendar because he was concerned that parking requirements in the ordinance as introduced may prohibit garage conversions of Junior Accessory Dwelling Units of the requirement. It was explained that the way the ordinance currently refers back to the general zoning code for single family parking, which requires two parking spaces, one of which must be in a garage.
It was suggested that this item be continued to February 15, 2022 and have the replacement parking provision be updated to remove the reference back to the general zoning code and remove the requirement that replacement parking be covered or in a garage.
PUBLIC COMMENT
1. Kirk Davis
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to direct staff to update the ordinance so that it does not refer back to the section of the general zoning code that asks for two parking spaces, 1 covered and 1 not, but that staff come back with a requirement for 1 parking space that could be tandem or side by side, but not necessarily covered, and continue the item to February 15, 2022 to reintroduce the ordinance.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
The City Council took a brief recess at 8:38 p.m. and returned at 8:45 p.m.
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
City Clerk Laura McDowall and Public Works Director-City Engineer presented the item and responded to Council questions. It was generally felt that the Bicycle/Pedestrian Advisory Committee and the Street Improvement Oversight Advisory Committee should be merged to create the Complete Streets and Pathways Oversight Committee (CSPOC), but it was suggested that the term length for the alternates be two years rather than 4, that members should be required to live within city limits except 1 who may live in the unincorporated area of Novato, and edits were proposed to the CSPOC’s duties.
Concern was expressed regarding moving the funds from the Streetscape Upgrades liability account into the Sustainability Program’s budget, and there was consensus instead to approve the expenditures landscape improvements to the median islands on Redwood Blvd. between Grant Ave. and Olive Ave.
PUBLIC COMMENT:
1. Sherry Temple
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the resolution to merge the Bicycle/Pedestrian Advisory Committee and Street Improvement Oversight Advisory Committee into a new Complete Streets and Pathways Oversight Committee (CSPOC) changing the term of the alternates from 4 years to 2 years, requiring members to live within city limits except 1 who may live in the unincorporated area of Novato and making the suggested edits to the CSPOC duties.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-10.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to go ahead with the expenditure for the median and reuse the money that Streetscape has set aside for that project.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried
Councilmember Athas had technical difficulties and was not present between 9:44 p.m. and 9:55 p.m. Council discussed other potential updates to their Commissions, Committees and Boards and directed staff to return with these updates at a future date for further consideration.
J.2. Discuss and consider providing direction to staff whether to retain or amend Novato Municipal Code Chapter XXI – Novato Political Fairness Campaign Act City Attorney Jeff Walter presented the item and received Council feedback. It was clarified that the item would return at a future date for further consideration and possible adoption.
PUBLIC COMMENT: None
URGENCY ITEM ADDED: MCCMC CITY/COUNTY SERVICES SUBCOMMITTEE Councilmember Eklund explained that she added this item to discuss the potential creation of a MCCMC City/County Services Subcommittee, which was on the agenda for the MCCMC Meeting of January 26, 2022. The Council agreed that clarifying questions should be asked at the MCCMC meeting regarding its purpose, but that if the committee was created the Council should make appointments to have ensure representation for the City of Novato.
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 10:57 p.m., the City Council adjourned the meeting in memory of Francesca Cantarutti and Don Doyle.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of February 8, 2022. /Laura McDowall/
___________________
Laura McDowall
City Clerk