City Council
MEETING MINUTES
Tuesday, March 22, 2022
6:00 PM
Teleconference via Zoom
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:00p.m., with Mayor Lucan leading the Pledge of Allegiance.
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, Community and Economic Development Director Vicki Parker, Public Works Director-City Engineer Chris Blunk, Planning and Environmental Services Manager Steve Marshall, Planner II Vivek Damodaran, Planner II Kaitlin Zitelli, City Attorney Jeff Walter 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 adopt the resolution authorizing continued teleconference meetings of the City Council and the City’s Commissions, Committees and Boards.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-033.
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
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. Mark Solomons
2. Alison Fletcher
3. Rod Crow
4. Alexandra Kambur
G. CONSENT CALENDAR
It was announced that action on item G.7 would be taken separately from the rest of the Consent Calendar.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve all items on the Consent Calendar except item G.7, which was taken separately, and with Councilmember Eklund voting No on item G.4.
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. 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
The City Council authorized the Public Works Director-City Engineer to prepare and execute the Lease Agreement.
G.3. Adopt Ordinance 1681 accepting the map titled RuizGriggy as the City Council Election District Map under Elections Code Sections 21600–21609 The City Council adopted Ordinance 1681.
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
The City Council adopted 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 The City Council adopted Resolution 2022-031.
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
The City Council adopted Resolution No. 2022-032.
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
This item was taken separately.
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
The City Council approved the letter.
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
The City Council authorized the City Manager to execute the Sixth Amendment to Consultant Services Agreement #4806.
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
The City Council accepted, approved and authorized the City Manager to execute the side letters for Units A, B and H.
SEPARATE ACTION
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
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.7 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 it was explained that to achieve legally required participation the City Clerk would place slips of paper with each Councilmember’s name into a receptacle and 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 6:23 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 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, with Councilmember Milberg and Mayor Lucan recused.
AYES: ATHAS, EKLUND, WERNICK
RECUSED: MILBERG, LUCAN
NOES: NONE
Motion carried.
Mayor Lucan and Councilmember Milberg returned at 6:26pm.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
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) Planner II Kaitlin Zitelli presented the item and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Milberg, the City Council voted 4-1 via roll call to introduce the ordinance, with Councilmember Eklund voting No.
AYES: ATHAS, MILBERG, WERNICK, LUCAN
NOES: EKLUND
Motion carried. The City Council introduced Ordinance 1683.
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
Planner II Vivek Damodaran presented the item and introduced the applicant’s architect Daniel MacDonald. Planner Damodaran, Planning Manager and Environmental Services Manager Steve Marshall and Public Works Director-City Engineer Chris Blunk responded to Council questions. Staff confirmed that the live-work units would count towards the City’s Regional Housing Needs Allocation (RHNA) numbers.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to adopt the resolution adopting CEQA findings pursuant to CEQA Guidelines Section 15183 and determining that no further environmental review is required for Comstock Commons, a 6-unit live/work development proposed at 200 San Marin Drive, APN 124-282-18, including a zoning map amendment, tentative map, and design review.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-034.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to introduce an ordinance approving an amendment to the Novato Zoning Map to change the Zoning District assigned to 200 San Marin Drive, APN 124-282-18, from Planned District (PD) to General Commercial (CG).
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1682.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to adopt a resolution approving a Tentative Map and Design Review for Comstock Commons, a 6 unit live/work project, located at 200 San Marin Drive (APN 124-282-18)
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-035.
J. GENERAL BUSINESS
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
Community and Economic Development Director Vicki Parker opened the item and introduced Molly Kron, Senior Planner Housing and Federal Grants Division from the County of Marin who gave a presentation.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and
seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to adopt a resolution recommending Community Development Block Grant (CDBG) project funding for the program year 2022-23 to the Marin County Board of Supervisors
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-036.
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 Director Parker opened the item and introduced Aline Tanielian, Housing Planner with the County of Marin who gave a brief presentation.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt a resolution recommending Permanent Local Housing Allocation (PLHA) funding for calendar year 2022 to the Marin County Board of Supervisors AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-037.
J.3. Consider adopting a resolution establishing a Sustainability Commission and authorize staff to begin the Commissioner recruitment process City Manager McGill opened the item and Sustainability Coordinator Gretchen Schubeck gave a presentation.
PUBLIC COMMENT:
1. Zachary Griggy
It was suggested that the resolution be updated to allow members who sit on this commission to serve on only one commission at a time, to change the boundaries for the student commissioners to be Novato Unified School District Boundaries, to change the language in item C and F under ‘Duties’ from reading ‘environmental protections’ to read ‘environmental protections and other environmental issues’ and to include language from City Council Strategic Plan 2021-2023 Workplan item #9. Direction was also given to ensure that applications were accepted for a 4-week period. It was further suggested that a provision be added to the resolution to require members live within city limits, however it was generally felt the resolution should be left as written.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the resolution establishing a Sustainability Commission, with the suggested changes, and authorize staff to begin the Commissioner recruitment process.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-038.
The City Council took a brief recess at 8:13pm and returned at 8:25pm.
J.4. Consider and give direction to staff regarding transferring the solid waste franchise from the Novato Sanitary District to the City City Manager Adam McGill presented the item and clarified that he believed acquiring the Solid Waste Franchise Agreement was not feasible at this time and was recommending that Council give direction to cease pursing it as an option.
It was generally felt that Council should give direction to take staff’s recommendation to stop pursuing the franchise agreement at this time, with the option to consider it again at a future date. It was suggested that a letter be sent from the Mayor to the Novato Sanitary District Board President expressing the City’s interest, which would come back to Council for approval on the consent calendar prior to being sent out.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Wernick, the City Council voted 4-1 to give direction to take the City Manager’s recommendation to stop pursing acquiring the Solid Waste Franchise Agreement at this time, with Mayor Lucan voting no.
AYES: ATHAS, EKLUND, MILBERG, WERNICK
NOES: LUCAN
Motion carried.
COUNCIL ACTION: Upon motion by Mayor Lucan and seconded by Councilmember Eklund the City Council voted 3-2 that a letter be sent from the Mayor to the Novato Sanitary District Board President expressing the City’s interest, which would come back to Council for approval on the consent calendar prior to being sent out, with Councilmember Athas and Mayor Pro Tem Wernick voting No.
AYES: EKLUND, MILBERG, LUCAN
NOES: ATHAS, WERNICK
Motion carried.
J.5. Discuss and consider approving amendments to the agreement for professional services with the City Manager
City Attorney Jeff Walter presented the proposed changes to the City Manager’s contract.
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 amendments to the agreement for professional services with the City Manager.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
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 9:14pm, the City Council adjourned the meeting in memory of Sandy Ginter, Terry Pistole and David Jones.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of May 10, 2022.
/Laura McDowall/
___________________
Laura McDowall
City Clerk