NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
May 10, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:00 p.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, Finance Director Amy Cunningham, Director of Public Works-City Engineer Chris Blunk, Community and Economic Development Director Vicki Parker, Interim Police Chief Hank Schreeder, Captain Sasha D’Amico, Principal Management Analyst Jennifer Maldonado, Senior Management Analyst Will Morat, Assistant City Attorney Gary Bell and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session prior to the open session.
C. CEREMONIAL MATTERS/PRESENTATIONS
The agenda was reordered to take item C.3 before C.2.
C.1. Proclamation: National Police Week
Interim Police Chief Hank Schreeder and Captain Sasha D’Amico accepted the proclamation
C.3. Proclamation: National Public Works Week
Members of the City of Novato Public Works Department accepted the proclamation.
C.2. Public Works Department Employee Introductions and Recognition Public Works Director-City Engineer Chris Blunk presented the item.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to approve the Final Agenda.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
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 Councilmember Milberg presented the item and clarified that this would be for an initial discussion only. Concern was expressed regarding costs and expectations however, it was generally felt that the item should return for further discussion.
PUBLIC COMMENT:
1. Michael Vacarro
2. Nancy
3. Joan Goode
4. Marie Hoch
5. Stan Larpen
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Eklund, the City Council voted 3-2 via roll call to bring back a Council discussion at a future meeting sometime in the summer or fall, on a date that works, with the option to have it on a regular agenda, as a workshop or as special meeting if needed, with Councilmember Athas and Mayor Pro Tem Wernick voting no.
AYES: EKLUND, MILBERG, LUCAN
NOES: ATHAS, WERNICK
Motion carried.
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
Councilmember Eklund opened the item and responded to Council questions.
PUBLIC COMMENT:
1. Piper Perrault
2. Steve Glanz
3. Philip
4. Carolyn Lenert
5. Catherine Ural
6. Lisa Noebecker
7. Janine Perra
8. Ginger Souder-Mason
9. Joan Goode
10. Jess Lerner
It was suggested that to item be bifurcated and acted upon separately.
COUNCIL ACTION: Motion by Councilmember Eklund to direct staff to post all of the applications that the City has received to date, all the 14 that are remaining, and also establish a policy to post upon submittal any future small cell facility applications.
COUNCIL ACTION: Councilmember Eklund changed her motion to include small cell and eligible facilities should be posted on the website upon submittal and that the 14 that are remaining also be posted.
COUNCIL ACTION: Councilmember Eklund remade her motion to direct staff to post all current applications, all 14 that are remaining, and also post upon submittal other small cell and eligible facilities or any other wireless application upon submittal.
The motion failed for lack of a second.
COUNCIL ACTION: Motion made by Mayor Lucan and seconded by Councilmember Eklund, the City Council vote 4-1 via roll call to post the applications that are pending and any incomplete ones where something changes would trigger an event to where we would post all of the new information and we can then bill the applicant for it, with Councilmember Athas voting no.
AYES: EKLUND, MILBERG, WERNICK, LUCAN
NOES: ATHAS
The motion carried.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Milberg, the City Council voted 3-2 via roll call to ask the attorney to look at whether or not we can deem these applications incomplete until there is a final ordinance adopted by the City Council and/or if we can do a tolling agreement and then bring it back to the Council for discussion.
AYES: EKLUND, MILBERG, LUCAN
NOES: ATHAS, WERNICK
The motion carried.
E.3. Reports from City Council and City Manager
City Manager McGill reported on various City matters and the City Council gave reports on meetings and events they had attended.
The City Council took a brief recess at 8:11 pm and returned at 8:23 pm.
F. PUBLIC COMMENT
1. Carolyn Lenert
2. Steve Glanz
3. Paula Neese
4. Anonymous
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to approve the Consent Calendar.
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 City Council closed and open session meeting minutes of March 22, 2022
The City Council approved the closed and open session meeting minutes of 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 The City Council adopted 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
The City Council adopted 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
The City Council adopted 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
The City Council adopted Resolution No. 2022-046.
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 The City Council adopted Resolution No. 2022-047.
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 The City Council adopted Resolution No. 2022-048.
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
The City Council adopted Resolution No. 2022-049.
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) The City Council accepted the work as complete and authorized the City Manager to sign the 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
The City Council awarded the construction contract to JMB Construction.
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
The City Council received and filed the report.
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 The City Council received and filed the report.
G.14. Reappoint Dennis Bentley to the Recreation, Cultural and Community Services Advisory Commission for a 2-year term ending on April 30, 2024 The City Council reappointed Dennis Bentley to the Recreation, Cultural and Community Services Advisory Commission.
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
The City Council authorized the Mayor to sign the Letter of Support.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
J. GENERAL BUSINESS (This item was taken out of order)
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
Finance Director Amy Cunningham opened the item and introduced Ken Nordhoff from HdL Companies who gave the presentation.
PUBLIC COMMENT: None
I. PUBLIC HEARINGS
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
Assistant City Attorney Gary Bell presented the item.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Susan Wernick, the City Council voted 5-0 via roll call to introduce the ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1685.
J. GENERAL BUSINESS (continued)
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
Senior Management Analyst Will Morat presented the item and responded to Council questions.
PUBLIC COMMENT
1. Mondi Saffa
2. Jeanie Jarnot
3. Dan Maher
4. Carlos Paz
5. Voyter Jarnot
COUNCIL ACTION: Motion made by Councilmember Athas and seconded by Mayor Pro Tem Wernick adopt the resolution amending the Living Streets Program.
Councilmember Eklund suggested a friendly amended to change the closure to begin at 6pm instead of 5pm, however the maker of the motion respectfully disagreed.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 4-1 via roll call to adopt the resolution amending the Living Streets Program, with Councilmember Eklund voting no.
AYES: ATHAS, MILBERG, WERNICK, LUCAN
NOES: EKLUND
Motion carried. The City Council adopted Resolution No. 2022-050
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
Public Works Director-City Engineer Chris Blunk presented the item.
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 adopt the 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
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-051.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS There were no items for this section.
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
City Manager McGill, Finance Director Amy Cunningham and Principal Management Analyst Jennifer Maldonado gave the presentation and received feedback and direction from the City Council.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to direct staff to include allocations for hillside regulations, the Streetscape Committee and to reduce the Long Term Maintenance allocation by $250,000.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
M. ADJOURNMENT
At 12:04am, the City Council adjourned the meeting in memory of Mary Anne York and Al Dugan.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of July 12, 2022.
/Laura McDowall/
___________________
Laura McDowall
City Clerk