NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
May 24, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The scheduled Mayor for a Day was cancelled and rescheduled for a future date.
The City Council meeting was called to order at 6:00 p.m. Prior to leading the Pledge of Allegiance, Mayor Lucan called for a moment of silence in recognition of the shooting in Uvalde, Texas.
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, Interim Police Chief Hank Schreeder, Finance Director Amy Cunningham, Public Works Director-City Engineer Chris Blunk, Community and Economic Development Director Vicki Parker, Lieutenant Mike Howard, Planning and Environmental Services Manager Steve Marshall, Senior Management Analyst Will Morat, Senior Management Analyst Angela Beran, City Attorney Jeff Walter and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Presentation: Lynwood School 3rd Grade Class
Ms. Thompson and students from Lynwood Elementary School presented brochures they had created for the City Council.
C.2. Proclamations: Small, Large and Microbusiness of the Year James Nevin from Brayton Purcell, Sherri Jacobs and Lauren Elkin from Valley Memorial Park Cemetery and Funeral Home and Patsy Fleisch of Mary Kay Cosmetics were present to accept the proclamations.
C.3. Proclamation: Pride Month
Spahr Center Executive Director Adrian Shanker accepted the Proclamation.
C.4. Presentation: Receive a presentation on the results of the Community Opinion Survey
City Manager McGill opened the item and Brian Godbe from Godbe Consulting gave the presentation.
D. APPROVAL OF THE FINAL AGENDA
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.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
City Manager McGill and the City Council gave reports.
F. PUBLIC COMMENT
1. Paula Neese
2. Rod Crow
G. CONSENT CALENDAR
It was announced that Mayor Lucan, Councilmember Eklund and Councilmember Milberg needed to recuse themselves from item G.5 and it was determined that action would be taken separately for that item.
It was suggested that changes be made to item G.8 to update the letter to include the reimbursement amount for unfunded mandates, to which the Council agreed.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to approve the Consent Calendar, with the changes to item G.8 and with item G.5 taken separately.
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 ordinances in their entirety.
G.2. Approve the City Council closed and open session meeting minutes of April 12, 2022
The City Council approved the meeting minutes.
G.3. Approve the City Council closed session special meeting minutes of April 19, 2022
The City Council approved the meeting minutes.
G.4. Adopt an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act The City Council adopted 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
This item was taken separately.
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.
The City Council authorized the Mayor to sign the letter.
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)
The City Council adopted Resolution No. 2022-057.
G.8. Authorize the Mayor to sign a letter support for Cal Cities’ state budget priorities
The City Council authorized the Mayor to sign the letter, with changes.
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
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.5 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 7:00 pm and Mayor Pro Tem Wernick became the chair.
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 adopt the resolution, with Councilmember Milberg and Mayor Lucan recused AYES: ATHAS, EKLUND, WERNICK
NOES: NONE
RECUSED: MILBERG, LUCAN
Motion carried. The City Council adopted Resolution No. 2022-056 Councilmember Milberg and Mayor Lucan returned at 7:02 pm and Mayor Lucan resumed his position as chair.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
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 Senior Management Analyst Angela Beran presented items I.1-1.4 together and responded to Council questions. Susan Wernick recused herself from this item because she lived in San Marin and left the dais between 7:08pm – 7:17pm.
PUBLIC COMMENT:
1. Kevin Jacobs
2. Michale Gradl
3. Gail Rocca
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 4-0-1 via roll call to adopt the 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, with Councilmember Wernick recused.
AYES: ATHAS, EKLUND, MILBERG, LUCAN
NOES: NONE
RECUSED: WERNICK
Motion carried. The City Council adopted Resolution 2022-052.
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
Senior Management Analyst Angela Beran presented item I.1-1.4 together and responded to Council questions.
PUBLIC COMMENT:
1. Tim O’Connell
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to adopt the 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
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-053.
I.3. Hold a public hearing and consider adopting the proposed resolution 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 A03 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.
Senior Management Analyst Angela Beran presented item I.1-1.4 together and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to adopt the resolution 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.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-054.
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
Senior Management Analyst Angela Beran presented item I.1-1.4 together and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to adopt the 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
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-055.
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
Interim Police Chief Hank Schreeder introduced the item and Lieutenant Mike Howard gave the presentation.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to introduce the ordinance to establish and implement a Military Equipment Use Policy pursuant to California Assembly Bill 481.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1686.
The City Council took a brief recess at 7:38pm and returned at 7:45pm.
I.6. Hold a public hearing and consider adopting a resolution updating and establishing user and regulatory fees
Finance Director Amy Cunningham opened the item and introduced Terry Madsen from Clear Source Financial who gave the presentation.
PUBLIC COMMENT:
1. Alison Fletcher
Suggestions were made regarding potential changes to the fee schedule, however it was clarified that the fee schedule could be updated as processes change in the future, and it was generally felt that the schedule should be adopted as-is.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Athas, the City Council voted 4-1 via roll call to adopt the resolution updating and establishing user and regulatory fees, with Mayor Lucan voting no.
AYES: ATHAS, EKLUND, MILBERG, WERNICK
NOES: LUCAN
Motion carried. The City Council adopted Resolution No. 2022-059.
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
Councilmember Milberg announced that he would be recusing himself from this item due to its proximity to his workplace and left the dais at 9:02pm.
Planning and Environmental Services Manager Steve Marshall opened the item and introduced Sean Kennings of LAK Associates who gave the presentation.
PUBLIC COMMENT:
1. Stacey Beckhardt
2. Betsey Ricketts
3. Zachary Griggy
4. Coy Smith
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 3-1-1 via roll call to adopt a resolution finding the proposed amendments to the Novato Industrial Parks Master Plan/Precise Development Plan, including allowing a Floor Area Ratio of 1.2, a building height of 68-feet, and specifying other land use and development standards and controls for life sciences uses in the Hamilton and Ignacio Industrial Park areas of the larger Novato Industrial Park, 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, with Councilmember Milberg recused and Councilmember Eklund voting no.
AYES: ATHAS, WERNICK, LUCAN
NOES: EKLUND
RECUSED: MILBERG
Motion carried. The City Council adopted Resolution No. 2022-058.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Athas, the City Council voted 3-1-1 via roll call to introduce the ordinance adopting amendments to the Novato Industrial Park Master Plan and Precise Development Plan (Ordinance No. 780) to establish land use definitions, development intensity limits and standards, land use controls, and permit requirements including, but not limited to, a floor area ratio of 1.2 and a building height limit of 68-feet, for Life Sciences Organizations and Life Sciences Organization campuses located in the Hamilton Industrial Park and Ignacio Industrial Park (Units 1, 2, and 3) areas of the Novato Industrial Park, with Councilmember Milberg recused and Councilmember Eklund voting no.
AYES: ATHAS, WERNICK, LUCAN
NOES: EKLUND
RECUSED: MILBERG
Motion carried. The City Council introduced Ordinance 1687.
Councilmember Milberg returned to the dais at 9:46pm.
J. GENERAL BUSINESS
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)
Senior Management Analyst Will Morat presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Coy Smith
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to authorize 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).
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS K.1. Consider making appointments to the City Council’s Sustainability Commission
City Clerk Laura McDowall presented the item, and the City Council discussed the appointments.
PUBLIC COMMENT: None
It was explained that the City Council would need to identify two commissioners to serve 3-year terms and three commissioners to serve 2-year terms to ensure that commissioner terms expire on alternating years.
It was suggested that the following appointments be made:
Tim Blofeld 3-year Term
Nicole Tai 3-year Term
Robert Brown 2-year Term
Kolby Gleeson 2-year Term
Chris Yalonis 2-year Term
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Denise Athas, the City Council voted 5-0 via roll call to appoint Tim Blofeld and Nicole Tai to the 3-year terms, and Robert Brown, Kolby Gleeson and Chris Yalonis to the 2-year terms.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 10:20 pm, the City Council adjourned the meeting in memory of the 19 victims in Uvalde Texas.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of August 23, 2022. /Laura McDowall/
___________________
Laura McDowall
City Clerk