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City Council
Agenda
Tuesday, March 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
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/3IIgHKA
or
Join at Zoom.com
Meeting ID: 826 8383 5974
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: 826 8383 5974
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
Presentation
I. PUBLIC HEARINGS (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 fifth redistricting public hearing in accordance with Elections Code section 21607.1(a), continue receiving public input regarding communities of interest, continue to review submitted draft maps and consider introducing an ordinance to adopt the map titled RuizGriggy as the City Council Election District Map under Elections Code Sections 21600–21609
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Fifth Redistricting Public Hearing and Possible Map Adoption Attachment 1 - Draft Ordinance
Attachment 2 - Proposed Final Map RuizGriggy
C. CLOSED SESSION ANNOUNCEMENT
D. CEREMONIAL MATTERS/PRESENTATIONS
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. Approve the closed and open session meeting minutes of February 8, 2022 Minutes - February 8, 2022
G.3. Approve the closed and open session City Council meeting minutes of February 15, 2022
Minutes - February 15, 2022
G.4. Approve the City Council closed session special meeting minutes of February 22, 2022
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - February 22, 2022
G.5. Adopt Ordinance 1676 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) Staff contact: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - JADU/ADU
Attachment 1 - Ordinance 1676
G.6. Adopt a resolution designating officers authorized to deposit and withdraw funds between the City of Novato’s Local Agency Investment Fund (LAIF) accounts and the City’s Umpqua Bank Operating Account
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - LAIF Designated Positions
Attachment 1 - Draft Resolution
G.7. Adopt a resolution to authorize the City Manager to execute an agreement and make minor adjustments to form for janitorial services in city facilities to Universal Building Services and Supply Co. in the amount of $215,496.00 plus an additional ten percent for contingency expenses ($21,549.60) for a total not to exceed $237,045.60 through Fiscal Year 22/23 Staff contact: Angela Beran, Public Works Senior Analyst, 899-8900 Staff Report - Universal Building Services
Attachment 1 - Draft Resolution
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Attachment 2 - Draft Agreement
Attachment 3 - RFP
Attachment 4 - Summary Proposal Results
G.8. Adopt a resolution to 1) Approve the plans and specifications for the Marin Valley Mobile County Club Pump Station No. 1 Improvement Project, CIP #19-302 (“Project”); 2) Make findings that the Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301; 3) Amend the Fiscal Year 21/22 Budget Resolution to appropriate American Rescue Plan Act (ARPA) funding to the Project; and 4) Authorize staff to advertise the Project for public bids
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8246 Staff Report - MVMCC Pump Station
Attachment 1 - Draft Resolution
Attachment 2 - Vicinity Map
Attachment 3 - MVMCC Budget Except
G.9. Adopt a resolution approving the plans and specifications 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: Christopher Blunk, Public Works Director, 899-8246 Staff Report - Annual Pavement Rehab Plans and Specs
Attachment 1 - Draft Resolution
Attachment 2 - Street List
Attachment 3 - Vicinity Map
Attachment 4 - Budget Excerpt
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 to evaluate commercial cannabis business proposals and potentially designate qualified applicants to be awarded a Conditional Certificate (CC) which would allow awardees to meet all requirements to apply for and secure a Commercial Cannabis Business Permit (CCBP) from the City Manager, in compliance with Novato Municipal Code (NMC) Chapter 8, Section 11 and Resolution No. 2019-069
Staff contact: Will Morat, Senior Analyst, 899-8989
Staff Report - Commercial Cannabis Business Proposals
Attachment 1 - Cannabis Regulations Summary
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Attachment 2 - Proposal Summaries
Presentation
I.3. BAHIA RIVER VIEW
P2017-023 DESIGN REVIEW
P2018-079 TENTATIVE SUBDIVISION MAP
P2018-080 REZONING
CEQA – INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
APN 143-151-06; SOUTH SIDE OF BAHIA DRIVE BETWEEN CERRO CREST
AND TOPAZ DRIVES
Hold a public hearing to consider: (1) adopting a CEQA Initial Study/Mitigated Negative Declaration; (2) introducing an ordinance to approving an amendment to the Novato Zoning Map to change the zoning district applicable to the project site from Planned District (PD) to Low Density Residential, 10,000 square-foot minimum lot size (R1-10); (3) approving a tentative subdivision map creating 5 lots; and (4) approving the design review for the proposed 5-lot subdivision for single family residential development
Staff contact: Brett Walker, Senior Planner, 899-8900
Staff Report - Bahia Riverview
Attachment 1 - Draft Resolution CEQA
Attachment 2 - Draft Ordinance Zoning Map Amendment
Attachment 3 - Draft Resolution Tentative Subdivision Map Attachment 4 - Draft Resolution Design Review
Attachment 5 - Public Comments
Attachment 6 - Applicant Legal Counsel Letter 12-15-21
Attachment 7 - Plan Set Dated 1-19-22
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. Consider adopting a resolution amending the City of Novato Operating Budget for Fiscal Year 2021/2022 and direct the City Manager to take actions necessary to enact approved budget modifications
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Mid Year Budget
Attachment 1 - Draft Resolution
Presentation
J.2. Discuss and provide direction to Staff regarding tourism promotion for the City of Novato beyond June 30, 2022
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Tourism Promotion
Attachment 1 - 2021 Tourism Committee Report
Attachment 2 - 2022 Tourism Budget
Attachment 3 - Existing Tourism Contract
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Attachment 4 - Ballot Language
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 March 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