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City Council
Agenda
Tuesday, February 8, 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 2/9/22)
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.
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• 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:
1. Join the meeting at: https://bit.ly/3omVo96
or
Join at Zoom.com
Meeting ID: 829 1378 3333
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: 829 1378 3333
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.
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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
C. CLOSED SESSION ANNOUNCEMENT
D. CEREMONIAL MATTERS/PRESENTATIONS
There are no agenda items.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Mayor Lucan Agenda Item: Discuss Councilmember report options including what report outs Councilmembers/Community are interested in hearing; whether to move to more of an announcement format; whether everyone should be called on or just those that have a pressing matter to share; should they be kept at the beginning of the meeting or moved to the end; and keep as is, 3 minutes per councilmember to use time at their discretion, or other
E.2. Councilmember Eklund Agenda Item: Discuss whether to continue with Mayor for a Day program and whether there should be any changes Eklund Agenda Item - Mayor for a Day
E.3. City Council Subcommittee on Homelessness Report Out Presentation
E.4. 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.
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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 standard procedural action so that the City Council does not have to read an ordinance in its entirety
G.2. Approve the closed and open session City Council meeting minutes of January 25, 2022
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - January 25, 2022
G.3. Adopt Ordinance 1679 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: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - Conflict of Interest
Attachment 1 - Ordinance 1679
G.4. Adopt a resolution: 1) Authorizing the City Manager to accept a grant from the Transportation Authority of Marin in the amount of $4,500 and execute a contract with Cool the Earth in the amount of $4,500 and make minor changes to form; and 2) Amending budget resolution No. 2021-054 revenues and appropriations accordingly.
Staff contact: Gretchen Schubeck, Sustainability Programs Coordinator, 899-8900 Staff Report - TAM Grant and Cool the Earth Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Draft Funding Agreement with TAM
Attachment 3 - Draft Services Agreement with Cool the Earth G.5. Adopt a resolution supporting the City of Novato’s participation in the Institute for Local Government’s Beacon Program
Staff contact: Gretchen Schubeck, Sustainability Programs Coordinator, 899-8900 Staff Report - Beacon Program
Attachment 1 - Draft Resolution
Attachment 2 - Beacon Program Guidelines
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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I. PUBLIC HEARINGS
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. Conduct a public hearing and adopt an urgency ordinance pursuant to California Government Code section 36937(b) to establish permit requirements and standards implementing the provisions of California Senate Bill 9 (2021) and finding the ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code sections 65852.21(j) and 66411.7(n) Staff contact: Steve Marshall, Planning Manager, 899-8900 Staff Report - SB9 Urgency Ordinance
Attachment 1 - Draft Ordinance
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. Consider and discuss adopting a resolution establishing a Sustainability Commission; provide direction to staff regarding the proposed purpose, duties, and membership makeup of a Sustainability Commission Staff contact: Gretchen Schubeck, Sustainability Programs Coordinator, 899-8900 Staff Report - Sustainability Commission
Attachment 1 - Summary of Sustainability Commissions from Other Jurisdictions Attachment 2 - Draft Resolution
Presentation
J.2. Consider adopting a resolution authorizing the implementation of a COVID19 Pandemic Pay Program for Fiscal Year 2021-22 and Fiscal Year 2022-23, authorize transfer of American Rescue Plan Act dollars to the FY21-22 operating budget to fund the program, and direct staff to include program funding in the FY22-23 operating budget
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Performance Pay
Attachment 1 - Draft Resolution
Presentation
J.3. Consider and possibly appoint Councilmembers to serve on the BayWave Steering Committee and the Marin County Council of Mayor’s and Councilmembers City/County Services Subcommittee.
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - BayWAVE and MCCMC City-County Subcommittee Appointments Attachment 1 - List of Council Committee Assignments
Attachment 2 - MCCMC City-County Services Subcommittee Information Page | 6 Phone No. (415) 899-8900
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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.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of February 8, 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