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City Council
Agenda
Tuesday, March 22, 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 3/24/22)
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/3woHzf4
or
Join at Zoom.com
Meeting ID: 828 4558 9139
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: 828 4558 9139
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
E. REPORTS FROM THE CITY COUNCIL & 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.
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. Authorize the Public Works Director-City Engineer to prepare and execute a Lease Agreement for the vacant City property located at 1523 South Novato Boulevard (APN # 140-211-04, 140-291-14, 140-291-15, and 140-291-24) leasing this property to Jeff Ramsey Construction for the purpose of an office, shop, and woodworking studio and finding that this project is exempt under CEQA pursuant to CEQA Guidelines Section 15301
Staff Report - Lease of 1523 S. Novato Blvd
G.3. Adopt Ordinance 1681 accepting the map titled RuizGriggy as the City Council Election District Map under Elections Code Sections 21600–21609 Staff contact: Terri Brown, Assistant City Clerk, 899-8902 Staff Report - Redistricting Ordinance Adoption
Attachment 1 - Ordinance 1681
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G.4. Adopt Ordinance 1680 to amend 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
Staff contact: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - Bahia Riverview Ordinance Adoption
Attachment 1 - Ordinance 1680
G.5. Adopt a resolution approving two agreement amendments for Lee Gerner Park Temporary Camp services and authorizing the City Manager to execute same and to make minor adjustments as to form for a total not to exceed amount of $236,944 for Barbier Security Group and a total not to exceed amount of $180,297 for Sharjo, Inc. dba ServiceMaster Restoration Services Staff contact: Angela Beran, Public Works Senior Analyst, 899-8900 Staff Report - Barbier and ServiceMaster Agreement Amendments Attachment 1 - Draft Resolution
Attachment 2 - Barbier Agreement Amendment
Attachment 3 - ServiceMaster Agreement Amendment
G.6. Adopt a resolution accepting a $68,000 Urban Area Security Initiative Grant Program (UASI) grant for the purchase of Night Vision Equipment (NVE) for the Novato/San Rafael Crisis Response Unit's (CRU) use and authorizing the City Manager to sign the purchase order and other related documents memorializing this purchase and revising appropriations and revenues to recognize this funding source
Staff contact: Lieutenant M. Howard, 415-897-4361
Staff Report - UASI Grant
Attachment 1 - Draft Resolution
Attachment 2 - UASI Grant Funds Agreement
G.7. Award the construction contract for the 2022 Annual Pavement Rehabilitation Contract 1: Roadway Preparation and Concrete Work, CIP Project No. 22-001 for the base bid plus bid alternate A1 in the total amount of $717,350.06 to Ghilotti Construction Company, Inc as the lowest responsible bidder and authorize the City Manager to execute the construction contract
Staff contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Annual Pavement Rehab Construction Contract Attachment 1 - Bid Abstract
Attachment 2 - Street List
Attachment 3 - Vicinity Map
Attachment 4 - Budget Excerpt
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G.8. Approve a letter of support for Assembly Bill 2282 (Bauer-Kahan) Hate crimes: nooses, crosses, and swastikas which aligns the penalties for using terror symbols and expands the locations where they are illegal to help ensure that individuals who spread terror are punished to the proper extent of the law, regardless of symbol
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Letter of Support for AB 2282
Attachment 1 - Draft Letter of Support
Attachment 2 - Full Text of AB 2282
G.9. Authorize the City Manager to execute the Sixth Amendment to Consultant Services Agreement #4806 with Underwood and Rosenblum, Inc. in an amount not to exceed $49,160 for the Olive Phase III (Redwood to Railroad) Project, CIP 97-001
Staff contact: David Dammuller, Engineering Services Manager, 899-8246 Staff Report - Underwood & Rosenblum Sixth Amendment
Attachment 1 - Contract Amendment and Scope of Work
Attachment 2 - Vicinity Map
Attachment 3 - Budget Excerpt
G.10. Accept, approve and authorize the City Manager to execute side letters for Unit A (Police Managers Association), Unit B (Novato Police Officers Association), and Unit H (Novato Police Civilian Employees Association) that would result in an equity adjustment of 1.5% to be implemented the first full pay period in April 2022 to increase retention and bring positions closer to market
Staff Report - Units A, B and H Side Letters
Attachment 1 - Unit A Side Letter
Attachment 2 - Unit B Side Letter
Attachment 3 - Unit H Side Letter
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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 possibly introduce an ordinance amending the City’s zoning maps to make them consistent with the 2035 Novato General Plan Land Use Map GP-1 and finding the proposed zoning map amendments to be exempt from further environmental review pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) Staff contact: Kaitlin Zitelli, Planner II, 899-8900
Staff Report - Zoning Map Amendments
Attachment 1 - Draft Ordinance
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I.2. Hold a public hearing and possibly introduce an ordinance amending the City’s zoning map to change the zoning of the property located at 200 San Marin Drive, APN 124-282-18 (“subject parcel”) from Planned District (PD) to General Commercial (CG), adopt findings and determine that no further environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) and adopt a resolution approving a Design Review and Tentative Map for Comstock Commons, a six (6) unit live/work project proposed at the subject parcel
Staff contact: Vivek Damodaran, Planner II, 899-8900
Staff Report - Comstock Commons
Attachment 1 - Draft Resolution: CEQA Determination
Attachment 2 - Draft Ordinance: Zoning Map Amendment
Attachment 3 - Draft Resolution: Tentative Map and Design Review Attachment 4 - PC Resolution No. 2022-001
Attachment 5 - PC Resolution No. 2022-002
Attachment 6 - PC Resolution No. 2022-003
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 recommending Community Development Block Grant (CDBG) funding for Fiscal Year 2022-23 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area
Staff contact: Vicki Parker, Community & Economic Development Director, 899-8989 Staff Report - CDBG Funding Recommendations
Attachment 1 - Draft Resolution
Attachment 2 - Exhibit A: 2022-23 CDBG Project Allocations Attachment 3 - PSC 2022-23 Roster
Attachment 4 - CDBG Application Guidelines
Presentation
J.2. Consider adopting a resolution recommending Permanent Local Housing Allocation (PLHA) funding for calendar year 2022 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area, with an equal funding match from the City of Novato Staff contact: Vicki Parker, Community & Economic Development Director, 899-8989 Staff Report - PLHA Funding
Attachment 1 - Draft Resolution
Attachment 2 - PLHA Final Guidelines
Presentation
J.3. Consider adopting a resolution establishing a Sustainability Commission and authorize staff to begin the Commissioner recruitment process Staff Contact: Gretchen Schubeck, 899-8900
Staff Report - Sustainability Commission
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Attachment 1 - Draft Resolution
Attachment 2 - Student Commissioner Recruitment Process J.4. Consider and give direction to staff regarding transferring the solid waste franchise from the Novato Sanitary District to the City Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Solid Waste Franchise
Attachment 1 - City Responsibilities
Attachment 2 - NSD Board Meeting Minutes Excerpt
Waste Comparison Slide
J.5. Discuss and consider approving amendments to the agreement for professional services with the City Manager
Staff Contact: Jeff Walter, City Attorney, 899-8900
Staff Report - City Manager Contract Amendments
Attachment 1 - Second Agreement Amendment
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 March 22, 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