City Council
MEETING MINUTES
Tuesday, March 8, 2022
6:00 PM
Teleconference via Zoom
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:02 p.m., with Mayor Lucan leading the Pledge of Allegiance and reading a statement condemning recent antisemitic actions in Marin County and offering support to the people of Ukraine after the recent invasion by Russia.
COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tempore Susan Wernick, Councilmember Denise Athas, Councilmember Pat Eklund, and Councilmember Mark Milberg
STAFF PRESENT: City Manager Adam McGill, Finance Director Amy Cunningham, Community and Economic Development Director Vicki Parker, Public Works Director-City Engineer Chris Blunk, Planning and Environmental Services Manager Steve Marshall, Senior Management Analyst Will Morat, Senior Planner Brett Walker, Assistant City Attorney Holly Whatley, Assistant City Attorney Gary Bell and City Clerk Laura McDowall
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) PUBLIC COMMENT: None
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 and authorize continued remote teleconference meetings.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. Council adopted Resolution 2022-025.
I. PUBLIC HEARINGS (this item was taken out of order)
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
City Clerk Laura McDowall gave a brief presentation and explained that the final map ordinance was being introduced at this meeting and would return for final adoption at the meeting of March 22, 2022. Mayor Lucan clarified that while he didn’t support moving the Stonetree area south of Highway 37 from District 3 into District 5, he would be supporting the motion.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to introduce the ordinance to adopt the map titled RuizGriggy as the City Council Election District Map under Elections Code Sections 21600–21609.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1681.
C. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session prior to the open session.
D. CEREMONIAL MATTERS/PRESENTATIONS
None
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. City Council Subcommittee on Homelessness Report Out There was no report out.
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
1. Michelle Keller-Sheehan
2. Tim Blofeld
3. M. Levine
4. Sandy Handsher
5. Mark Solomons
G. CONSENT CALENDAR
It was announced that action on item G.9 would be taken separately from the rest of the Consent Calendar. It was further announced that corrections needed to be made to item G.2 to have the meeting minutes accurately reflect the motions made in item J.3 of February 8, 2022.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to approve items G.1-G.8 of the Consent Calendar, with the correction to item G.2.
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 closed and open session meeting minutes of February 8, 2022
The City Council approved the closed and open session meeting minutes of February 8, 2022, with changes.
G.3. Approve the closed and open session City Council meeting minutes of February 15, 2022
The City Council approved the closed and open session meeting minutes of February 15, 2022.
G.4. Approve the City Council closed session special meeting minutes of February 22, 2022
The City Council approved the closed session special meeting minutes of 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)
The City Council adopted 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 The City Council adopted Resolution No. 2022-023.
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
The City Council adopted Resolution 2022-026.
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 The City Council adopted Resolution 2022-027.
SEPARATE ACTION:
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
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.9 due to the proximity of the project to their workplace. It was further announced that Councilmember Eklund would also be recusing herself from the item due to the proximity of the project to real property that she owned. This led to a lack of a quorum for the item, and Assistant City Attorney Bell explained that to achieve legally required participation the City Clerk would place slips of paper with each Councilmember’s name into a receptacle and she would draw out the name of the member who would vote on the item.
City Clerk McDowall placed the slips of paper with each member’s name into a bowl and Councilmember Eklund was selected to vote on the item. Mayor Lucan and Councilmember Milberg recused themselves and left the meeting at 6:55 pm and Mayor Pro Tem Wernick became the chair.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 3-0-2 via roll call to 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, with Councilmember Milberg and Mayor Lucan recused.
AYES: ATHAS, EKLUND, WERNICK
RECUSED: MILBERG, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-024.
Councilmember Milberg and Mayor Lucan returned at 6:56 pm and Mayor Lucan resumed his position as chair.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS (continued)
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
Senior Management Analyst Will Morat presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Scott Candell
2. Sam Roth
It was generally felt that all the applications should return to Council for approval, and it was explained that resolutions awarding the certificates would be brought back at a future meeting.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to move approval of the applications of Marin Haven, CB Labs and Velvet Fog and direct staff to come back with the resolutions in April to award the conditional certificates.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried
At 7:16 pm the City Council took a brief recess and returned at 7:23 pm.
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
Senior Planner Brett Walker and Planning and Environmental Services Manager Steve Marshall gave an overview of the project and applicant representatives Peter Spoerl and Riley Hurd gave a presentation. Mayor Lucan disclosed that he had met with project applicant representatives and neighbors in the community, and Councilmember Eklund, Councilmember Athas, Mayor Pro Tem Wernick and Councilmember Milberg disclosed they had met with neighbors in the area interested in the development.
Staff clarified that when residential dwellings are proposed in the future, design review would be required for those dwellings pursuant to the City’s Hillside and Ridgeline protection ordinance. It was stated that subsequent to the Planning Commission hearing on the item, the applicant had voluntarily offered to reduce the maximum residential building heights to 18 feet versus the codified zoning designation limit of 25 feet.
PUBLIC COMMENT:
1. SCS Author
2. Michael Hall
3. Charles
4. Tim O’Connor
5. Alan Lazure
6. Kimberly Price
7. Lynn Emrich
8. Elizabeth
9. Sam Roth
10. Melanie Nasson-Kurgpold
11. Deborah Claasen
12. Pranav Bhanushali
Councilmember Eklund had technical difficulties and left the meeting at 9:22 pm and returned at 9:24 pm.
It was then suggested that a condition of approval be added that all exterior lighting at the property be downfacing and shielded so that the source of the light isn’t visible off the property and that the 5 homes potentially built on the lots be part of the Bahia Homeowners Association (HOA), if the HOA accepts them. It was also questioned whether a condition of approval should be included to ensure that all fencing on the property be open wire fencing however there was not consensus to include this provision.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Wernick the City Council voted 4-1 via roll call to adopt the resolution of the City Council of the City of Novato adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Bahia River View Zoning Map Amendment, Tentative Subdivision Map, and Design Review located on the southerly side of Bahia Drive (APN 143- 151-06) between Topaz Drive and Cerro Crest Drive with Councilmember Eklund voting no.
AYES: ATHAS, MILBERG, WERNICK, LUCAN
NOES: EKLUND
Motion carried. The City Council adopted Resolution No.2022-028 COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Athas the City Council voted 4-1 via roll call to introduce and ordinance of the City Council of the City of Novato approving an amendment to the Novato Zoning Map to change the Zoning District from Planned District (PD) to Low Density Residential, 10,000 Square-Foot Minimum Lot Size (R1-10), on a 6.8-acre site located on the southerly side of Bahia Drive (APN 143-151-06) between Topaz Drive and Cerro Crest Drive, with Councilmember Eklund voting no.
AYES: ATHAS, MILBERG, WERNICK, LUCAN
NOES: EKLUND
Motion carried. The City Council introduced Ordinance 1680.
COUNCIL ACTION: Motion made by Councilmember Athas and seconded by Councilmember Wernick to adopt a resolution of the City Council of the City of Novato approving a Tentative Subdivision Map to create 5 residential lots on a 6.8-acre site located on the southerly side of Bahia Drive (APN 143-151- 06).
COUNCIL ACTION: Councilmember Eklund made a motion for a friendly amendment to add a condition of approval to Exhibit A of the resolution that only open wire fencing shall be placed in the Bahia Riverview subdivision with the location determined at the time of design review of the individual home but fencing should not encompass the entirety of a parcels property boundaries, to which Mayor Lucan Seconded.
AYES: EKLUND, LUCAN
NOES: ATHAS, MILBERG, WERNICK
Motion failed.
COUNCIL ACTION: Councilmember Eklund made a motion for a friendly amendment to add a condition of approval to Exhibit A of the resolution that all exterior lighting will be downlighted and shielded so the source of the light is not visible from off the property, which was seconded by Mayor Lucan.
AYES: EKLUND, MILBERG, LUCAN
NOES: ATHAS, WERNICK
Motion carried.
COUNCIL ACTION: Councilmember Eklund made a motion for a friendly amendment to add a condition of approval to Exhibit A of the resolution that if approved by the Bahia Homeowners Association these five homes should become a member, which was seconded by Mayor Lucan.
AYES: EKLUND, MILBERG, LUCAN
NOES: ATHAS, WERNICK
Motion carried.
COUNCIL ACTION - MAIN MOTION: Upon motion made by Councilmember Athas and seconded by Councilmember Wernick, the Council voted 3-2 to adopt a resolution of the City Council of the City of Novato approving a Tentative Subdivision Map to create 5 residential lots on a 6.8-acre site located on the southerly side of Bahia Drive (APN 143-151-06) with the additional conditions of approval, with Councilmember Eklund and Mayor Lucan voting no.
AYES: ATHAS, MILBERG, WERNICK
NOES: EKLUND, LUCAN
Motion carried. The City Council adopted Resolution 2022-029.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Wernick, the City Council voted 4-1 via roll call to adopt a resolution of the City Council of the City of Novato to approve the Design Review for the Bahia River View Project, located on Bahia Drive; APN 143- 151-06, including the additional conditions placed in the Tentative Map, with Councilmember Eklund voting no.
AYES: ATHAS, MILBERG, WERNICK, LUCAN
NOES: EKLUND
Motion carried. The City Council adopted Resolution 2022-030.
The City Council took a brief recess at 10:33pm and reconvened at 10:40pm.
J. GENERAL BUSINESS
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
Finance Director Amy Cunningham presented the item and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund the City Council voted 5-0 via roll call to adopt a resolution amending Budget Resolution No. 2021-054 amending the Fiscal Year 2021/22 operating budget and capital improvement program.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-022.
J.2. Discuss and provide direction to Staff regarding tourism promotion for the City of Novato beyond June 30, 2022
City Manager McGill presented the item. It was generally felt that the City should enter into another contract with the Chamber or Commerce for tourism, with additional performance metrics built in.
PUBLIC COMMENT:
1. Michael Vacarro
2. Coree Cameron
3. Emily Rich
4. Coy Smith
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 11:45pm, the City Council adjourned the meeting in memory of Carter Coleman.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of April 26, 2022. ___________________
Laura McDowall
City Clerk