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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, May 24, 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
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/39GMnU5
or
Join at Zoom.com
Meeting ID: 896 7579 9944
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: 896 7579 9944
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
Pledge will be led by Sienna, Mayor for the Day
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Presentation: Lynwood School 3rd Grade Class
C.2. Proclamations: Small, Large and Microbusiness of the Year Large Business
Small Business
Micro Business
C.3. Proclamation: Pride Month
Pride Month
C.4. Presentation: Receive a presentation on the results of the Community Opinion Survey
Staff Report - Community Priorities Survey
Presentation
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & 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.
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.
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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 April 12, 2022
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - April 12, 2022
G.3. Approve the City Council closed session special meeting minutes of April 19, 2022
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - April 19, 2022
G.4. Adopt an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act Staff contact: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - Campaign Fairness Act Ordinance
Attachment 1 - Ordinance 1685
G.5. Adopt a resolution requesting preemptive approval/amendment to the FY 2022/23 Budget to allocate TAM Measure B Vehicle Registration Funding in amount of $200,000 to the 2022 Annual Pavement Rehabilitation Contract 2 project, CIP Project No. 22-001; awarding a construction contract for the 2022 Annual Pavement Rehabilitation project for the base bid plus bid alternate A1 in the total amount of $497,878.00 to Pavement Coatings, Co. as the lowest responsible bidder, and authorizing the City Manager to execute the construction contract
Staff contact: Gosia Woodfin, Associate Engineer, 899-8246 Staff Report - Annual Pavement Rehab Contract 2
Attachment 1 - Draft Resolution
Attachment 2 - Bid Abstract
Attachment 3 - Street List
Attachment 4 - Vicinity Map
Attachment 5 - Budget Excerpt
G.6. Authorize the Mayor to sign a letter of opposition to Assembly Bill 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 in accordance with the League of California Cities’ position of opposition.
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Letter of Opposition to AB 2011
Attachment 1 - Draft Letter
Attachment 2 - Full Text of AB 2011
G.7. 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
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Staff Report - Continued Teleconference Meeting Authorization Attachment 1 - Draft Resolution
G.8. Authorize the Mayor to sign a letter support for Cal Cities’ state budget priorities
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - State Budget Priorities Letter of Support Attachment 1 - Draft Letter
Attachment 2 - State Mandated Program Costs
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. Hold a public hearing and consider adopting the proposed resolution confirming the diagram and assessment roll as set forth in the annual Engineer’s Report for the San Marin Landscaping Assessment District A-81. and thereby levy the assessment as set forth therein for Fiscal Year 2022/23.
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, 899-8246 Staff Report - San Marin Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 2022-046
Attachment 3 - San Marin Engineer's Report
Presentation I.1 - I.4
I.2. Hold a public hearing and consider adopting the proposed resolution confirming the diagram and assessment roll for the Hillside Park Unit 4 Landscape Assessment District as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2022/23. 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, 899-8246 Staff Report - Hillside Park Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 2022-049
Attachment 3 - Hillside Park Engineer's Report
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I.3. Hold a public hearing and consider adopting the proposed resolution (Attachment 1) confirming the diagram and assessment roll as set forth in the annual report of the Engineer of Work for the San Pablo Subdivision Landscape District A-03 and thereby levy the assessment as set forth therein for Fiscal Year 2022/23. 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, 899-8942 Staff Report - San Pablo Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 2022-047
Attachment 3 - San Pablo Engineer's Report
I.4. Hold a public hearing and consider adopting the proposed resolution confirming the diagram and assessment roll for the Wildwood Glen Landscaping District C-91as set forth in the annual report of the Engineer of Work and thereby levy the assessment as set forth therein for Fiscal Year 2022/23. 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 - Wildwood Glen Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Resolution 2022-048
Attachment 3 - Wildwood Glen Engineer's Report
I.5. Hold a public hearing and consider introducing an ordinance to establish and implement a Military Equipment Use Policy pursuant to California Assembly Bill 481
Staff contact: Hank Schreeder, Interim Chief of Police, 897-4361 Staff Report - Military Equipment Policy Ordinance
Attachment 1 - Draft Ordinance
Attachment 2 - Military Equipment Policy 710
Attachment 3 - Equipment Inventory List
Attachment 4 - AB 481 Full Text
Presentation
I.6. Hold a public hearing and consider adopting a resolution updating and establishing user and regulatory fees
Staff contact: Amy Cunningham, Finance Director, 899-8900 Staff Report - Fee Study
Attachment 1 - Draft Resolution
Attachment 2 - Illustration of Current and Proposed Dev Review Fees Attachment 3 - Fee Study Report
Presentation
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I.7. Hold a public hearing and consider introducing an ordinance approving amendments to the Novato Industrial Park Master Plan and Precise Development Plan to assign a maximum floor area ratio of 1.2, a maximum building height of 68-feet, and other land use and development standards and controls for life sciences organizations in the Hamilton and Ignacio Industrial Park subareas of the larger Novato Industrial Park, and adopt a resolution finding such amendments to be exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162, 15164, and 15183 based on an addendum to the Final Environmental Impact Report certified for Novato General Plan 2035
Staff contact: Steve Marshall, Planning Manager, 899-8989 Staff Report - Life Sciences Amendments
Attachment 1 - Draft Resolution
Attachment 2 - Draft Ordinance
Attachment 3 - Planning Commission Resolution - CEQA
Attachment 4 - Planning Commission Resolution - Amendments Attachment 5 - Draft Planning Commission Minutes
Attachment 6 - Correspondence
Presentation
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 authorizing the City Manager to execute an Exclusive Negotiating Agreement with San Francisco Brewing Co., LLC. that contemplates a ground lease of 695 Grant Avenue (Downtown Depot)
Staff contact: Will Morat, Sr. Management Analyst, 899-8989 Staff Report - Depot Lot ENA
Attachment 1 - Draft Agreement
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.
K.1. Consider making appointments to the City Council’s Sustainability Commission
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Sustainability Commission Appointments
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.
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AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of May 24, 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