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City Council
Agenda
Tuesday, February 15, 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
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/3GHcncO
or
Join at Zoom.com
Meeting ID: 895 8260 4419
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: 895 8260 4419
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
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 fourth redistricting public hearing in accordance with Elections Code section 21607.1(a), review and provide feedback on submitted draft maps and potentially select a final map to post before formal adoption Staff Report - Fourth Redistricting Public Hearing
Attachment 1 - Draft Maps
Attachment 2 - Map Submitter Comments
Attachment 3 - Map 103-107 Submitter Analysis
Presentation - added 02/16/22
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. City Council Subcommittee on Homelessness Report Out 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.
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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. Adopt a resolution approving the plans and specifications, authorizing advertisement for bids, 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, for the 2022 Annual Pavement Rehabilitation Project, CIP No. 22-001
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Annual Pavement Rehab Plans and Specs
Attachment 1 - Draft Resolution
Attachment 2 - Street List
Attachment 3 - Vicinity Map
Attachment 4 - CIP Budget Excerpt
G.3. Approve the Fiscal Year (FY) 2022/23 budget calendar listing public meeting dates for the upcoming budget development process
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Budget Calendar
Attachment 1 - Proposed Budget Schedule
G.4. Adopt a resolution approving the construction plans for the Lee Gerner Park Temporary Camp.
Staff Report - Lee Gerner Park Plans and Specs
Attachment 1 - Draft Resolution with Exhibit A
G.5. Adopt a resolution opposing Initiative 21-0042A1 in response to an action alert from the League of California Cities’
Staff Report - Opposition to Initiative 21-0042
Attachment 1 - Draft Resolution
Attachment 2 - Full Text of Initiative 21-0042A1
Attachment 3 - Cal Cities Information on Initiative 21-0042A1 H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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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. Continued from January 25, 2022: Conduct a public hearing and reintroduce 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 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: Steve Marshall, Planning Manager, 899-8989 Staff Report - ADU/JADU Ordinance Reintroduction
Attachment 1 - Ordinance with Exhibit A
Attachment 2 - Planning Commission Resolution Sept 13, 2021 Attachment 3 - City Council Staff Report of January 11, 2022 Attachment 4 - City Council Meeting Minutes of January 11, 2022 Attachment 5 - Planning Commission Hearing Minutes Sept 13, 2021 Attachment 6 - Planning Commission Staff Report Sept 13, 2021 Presentation - added 2/16/22
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 the 2019 Greenhouse Gas Emissions Inventory and provide feedback on proposed success indicators for the Sustainability Action Dashboard
Staff contact: Gretchen Schubeck, Sustainability Programs Coordinator, 899-8900 Staff Report - Greenhouse Gas Inventory Report
Attachment 1 - 2019 Greenhouse Gas Emissions Inventory
Presentation - added 02/16/22
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J.2. Discuss status of the City Council’s five (5) priority revenue exploration efforts to date and direct staff to research the feasibility of a local sales tax measure.
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Revenue Options and Sales Tax Feasibility Presentation - added 02/16/22
J.3. Discuss recruitment and employee retention at the Novato Police Department and consider authorizing a pay increase for Unit A- Novato Police Managers Association, Unit B- Police Officers Association and/or Unit H – Novato Police Civilian Employees Association
This staff report will be added Monday, February 14, 2022 Added 2/14/22: Staff Report - Police Department Labor Retention Presentation - added 2/16/22
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
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 15, 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