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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, May 10, 2022 - 6:00 PM
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 5/11/22)
Public Participation Options
Members of the Public may participate and provide public comments for the City Council 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. • In-person public comments may be made at the meeting, which are held in the Novato City Council Chambers located at 901 Sherman Avenue.
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• Virtual & Telephone comments may be made by using the following instructions:
1. Join the meeting at: https://bit.ly/3scvy9F
or
Join at Zoom.com
Meeting ID: 884 9875 4790
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. In-person comments will be taken first. 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: 884 9875 4790
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. In-person comments will be taken first.
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.
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A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: National Police Week
National Police Week 2022
C.2. Public Works Department Employee Introductions and Recognition PW Employee Intro and Recognition
C.3. Proclamation: National Public Works Week
Public Works Week 2022
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Councilmember Milberg Proposed Agenda Item: Send out a Request for Information (RFI) to determine the feasibility of developing the city owned open space in Hamilton for possible development and use Milberg Proposed Agenda Item - Hamilton City-Owned Open Space Supplemental Material
E.2. Councilmember Eklund Proposed Agenda Item: Consider establishing a policy to post upon submittal all small cell facility applications on the City’s website and request a legal opinion for discussion on whether pending applications can be determined incomplete and/or consider entering into a ‘tolling’ agreement with applicants until the final ordinance is adopted by Council
Eklund Proposed Agenda Item - Small Cell Facility
E.3. Reports from City Council and City Manager
F. PUBLIC COMMENT
All members of the public wishing to address the City Council are requested to submit a speaker card in advance to the City Clerk. (Please remember that all comment cards are PUBLIC RECORDS).
The Mayor will call the names of speakers from the cards. In addition to receiving comment from the public during the Public Comment period, the Mayor will recognize persons from the audience who wish to address the City Council on a particular agenda item at the time that item is considered by the City Council.
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 City Council closed and open session meeting minutes of March 22, 2022
Staff Contact: Laura McDowall, City Clerk 899-8986
Minutes - March 22, 2022
G.3. Adopt an ordinance adding section 15-6 to Chapter XV of the Novato Municipal Code related to the Downtown parklet licensing program Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Parklet Ordinance Adoption
Attachment 1 - Ordinance 1684
G.4. Adopt 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) for the project known as Comstock Commons
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Comstock Commons Ordinance Adoption
Attachment 1 - Ordinance 1682
G.5. Adopt an ordinance approving Zoning Map Amendments to implement the land use designation assignments of Novato General Plan 2035 and finding such amendments to be exempt from further environmental review pursuant to CEQA Guidelines Section 15162
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Zoning Map Amendments Ordinance Adoption Attachment 1 - Ordinance 1683
G.6. Adopt a resolution of intention to levy assessments for Fiscal Year 2022/23 for Landscape Assessment District A-81 in the San Marin Area and setting a hearing date of May 24, 2022, to confirm or revise the Fiscal Year 2022/23 assessments proposed in the Engineer's Report CEQA DETERMINATION:
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, Existing Facilities
Staff contact: Angela Beran, Senior Management Analyst, 899-8900 Staff Report - Intent to Levy Assessment - San Marin
Attachment 1 - Draft Resolution
Attachment 2 - San Marin Engineer's Report
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G.7. Adopt a resolution of intention to levy assessments for Fiscal Year 2022/23 for Landscape Assessment District A 03 in the San Pablo Subdivision and setting a public hearing date of May 24, 2022, to confirm or revise the Fiscal Year 2022/23 assessments proposed in the Engineer's Report. CEQA DETERMINATION:
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, Existing Facilities
Staff contact: Angela Beran, Senior Management Analyst, 899-8900 Staff Report - Intent to Levy Assessment - San Pablo
Attachment 1 - Draft Resolution
Attachment 2 - San Pablo Engineer's Report
G.8. Adopt a resolution of intention to levy assessments for Fiscal Year 2022/23 for Landscape Assessment District C 91 in the Wildwood Glen Subdivision and setting a public hearing date of May 24, 2022, to confirm or revise the Fiscal Year 2022/23 assessments proposed in the Draft Engineer's Report.
CEQA DETERMINATION: Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, Existing Facilities Staff contact: Angela Beran, Senior Management Analyst, 899-8900 Staff Report - Intent to Levy Assessment - Wildwood Glen Attachment 1 - Draft Resolution
Attachment 2 - Wildwood Glen Engineer's Report
G.9. Adopt a resolution of intention to levy assessments for Fiscal Year 2022/23 for Landscape Assessment District A 91 in the Hillside Park Unit 4 Subdivision and setting a public hearing date of May 24, 2022, to confirm or revise the Fiscal Year 2022/23 assessments proposed in the Draft Engineer's Report. CEQA DETERMINATION: Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, Existing Facilities Staff contact: Angela Beran, Senior Management Analyst, 899-8900 Staff Report - Intent to Levy Assessment - Hillside Park Attachment 1 - Draft Resolution
Attachment 2 - Hillside Park Engineer's Report
G.10. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the construction work on the Pioneer Park Retaining Wall Replacement Project (CIP Project No. 21-004)
Staff Report - Pioneer Park Retaining Wall Notice of Completion Attachment 1 - Notice of Completion
G.11. Award the construction contract for the Marin Valley Mobile Country Club Pump Station No. 1 Improvements, CIP Project# 19-302 for the base bid plus bid alternate in the total amount of $1,293,630 to JMB Construction as the lowest responsible bidder and authorize the City Manager to execute the construction contract
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - MVMCC Pump Station No. 1 Construction Contract Attachment 1 - Bid Award Recommendation Letter
Attachment 2 - Vicinity Map
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G.12. Receive and file the City of Novato’s third quarter payment register, purchase order report, and travel expense report for months of January, February and March 2022
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - 3rd Quarter Financial Reports
Attachment 1 - Payment Register
Attachment 2 - Purchase Orders
Attachment 3 - Travel and Training
G.13. Receive and file a report of the list of various City contracts signed by the City Manager for the period of April 20, 2021, through April 26, 2022 Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - City Manager Contract List
Attachment 1 - Contract List
G.14. Reappoint Dennis Bentley to the Recreation, Cultural and Community Services Advisory Commission for a 2-year term ending on April 30, 2024 Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - RCCS Reappointment
G.15. Authorize the Mayor to sign a letter of support for AB 1944 (Lee): Local government: open and public meetings in accordance with the League of California Cities' position of support
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Letter of Support for AB 1944
Attachment 1 - Draft Letter
Attachment 2 - Full Text of AB 1944
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
J. GENERAL BUSINESS (This item will be taken out of order) 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 an informational presentation from HdL Companies on sales tax and recent trends in the City of Novato and possibly provide direction to staff
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Sales Tax Presentation
Presentation
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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. Consider and possibly take action to reintroduce an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Campaign Fairness Act Ordinance Reintroduction Attachment 1 - Ordinance showing Redline Changes
Attachment 2 - Full Text of NMC showing Redline Changes J. GENERAL BUSINESS (Continued)
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.2. Consider adopting a resolution amending the Living Streets Program that:
1) changes the days the program is implemented to the first Friday of each calendar month
2) changes the seasonal months the program is implemented to May to September
3) changes the time to 5:00 p.m. to 10:00 p.m.
4) reduces the number of days required to notice other special event closures to 22 days
5) provides flexibility for the City Manager to temporarily suspend or modify the Program for up to 30 days
Staff Contact: Will Morat, Senior Management Analyst, 899-8900 Staff Report - Living Streets Program Amendments
Attachment 1 - Draft Resolution
Presentation
J.3. Receive a project update and adopt a resolution certifying the Final Environmental Impact Report, adopting California Environmental Quality Act (“CEQA”) findings, and adopting a Mitigation Monitoring Program for the Novato Boulevard Improvement Project, CIP 01 004
Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - Novato Blvd EIR and Update
Attachment 1 - Draft Resolution
Presentation
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.
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L. WORK STUDY SESSION
L.1. Receive and consider a preliminary overview of the Fiscal Year 2022/2023 Operating and Capital Budgets and provide additional budget development direction to Staff
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Budget Workshop
Attachment 1 - Sales Tax Summary
Attachment 2 - One-time Funds Summary
Attachment 3 - Labor Agreement Changes Summary
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 May 10, 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