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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, September 27, 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: bit.ly/3LzFRNN
or
Join at Zoom.com
Meeting ID: 890 3509 6501
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: 890 3509 6501
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: Fourth of July Parade Committee
Parade Committee Proclamation
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.
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 aloud in its entirety
G.2. Approve the closed and open session meeting minutes of July 26, 2022 Staff Contact: Laura McDowall, City Clerk, 899-8900
Minutes - July 26 2022
G.3. Approve the closed session meeting, closed session special meeting and open session meeting minutes of August 23, 2022
Staff Contact: Laura McDowall, City Clerk, 899-8900
Minutes - August 23, 2022
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G.4. Approve the City Council special closed session meeting minutes of September 6, 2022
Staff Contact: Laura McDowall, City Clerk, 899-8900
Minutes - September 6, 2022
G.5. Adopt a resolution amending Fiscal Year 2022-23 Budget Resolution 2022- 065 and authorize the City Manager or his designee to take actions necessary to enact modifications to the Capital Improvement Budget Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8946 Staff Report - CIP Budget Update
Attachment 1 - Draft Resolution
G.6. Receive and file the Investment Report for Fiscal Year End 2021/22 Staff contact: Amy Cunningham, Administrative Services Director, 899-8900 Staff Report - Investment Report
Attachment 1 - FY 21.22 Qtr. 1 Investment Report
Attachment 2 - FY 21.22 Qtr. 2 Investment Report
Attachment 3 - FY 21.22 Qtr. 3 Investment Report
Attachment 4 - FY 21.22 Qtr. 4 Investment Report
G.7. Introduce an ordinance repealing and reenacting Appendix A to Section 2-
22.1 of the Novato Municipal Code relating to the Conflict of Interest Code, to add, delete or change specific employee position titles Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Conflict of Interest Code
Attachment 1 - Draft Ordinance
G.8. Adopt a resolution authorizing the Mayor to sign and execute an agreement with the County of Marin for disbursement of Marin Parks, Open Space, and Sustainable Agriculture Transactions and Use Tax Ordinance 3760 tax proceeds
Staff contact: Katie Gauntlett, Parks, Recreation & Community Services Director, 899-8900
Staff Report - Measure A Agreement
Attachment 1 - Draft Agreement
Attachment 2 - Exhibit A - Ordinance 3760
Attachment 3 - Exhibit B - Annual Allocation Estimates
Attachment 4 - Exhibit C - Annual Work Plan
Attachment 5 - Exhibit D - Expenditure Report
Attachment 6 - Draft Resolution
G.9. Adopt a resolution rescinding and restating Resolution No. 2019-2012 to remove the termination clause for the Novato Streetscape Committee Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Streetscape Committee Resolution
Attachment 1 - Draft Resolution
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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 to evaluate a commercial cannabis business proposal and potentially designate qualified applicant to be awarded a Conditional Certificate (CC) which would allow awardee to meet all requirements to apply for and secure a Commercial Cannabis Business Permit (CCBP) from the City Manager, in compliance with Novato Municipal Code (NMC) Chapter 8, Section 11 and Resolution No. 2019-069
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Blissful State Commercial Cannabis Proposal Attachment 1 - Summary of Commercial Cannabis Regulations Attachment 2 - Blissful State Proposal Summary
Added 9/28/22- PowerPoint 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. Discuss and possibly provide staff with direction to pursue options for development and use of all, or a portion, of City-owned property in Hamilton, (APN: 157-180-19) addressed as 1015 Hamilton Parkway and known as Ammo Hill and surrounds
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Hamilton Property
Attachment 1 - Allowable Uses - Open Space Zone
Attachment 2 - Allowable Uses - Parkland Zone
Added 9/28/22 - PowerPoint Presentation
J.2. Review and evaluate the City’s Commissions, Committees and Boards to identify efficiencies and ensure alignment with the City Council’s goals and objectives, including possibly providing direction to staff on items such as implementing residency requirements, adding alternates, and the possibility of changing the Novato Citizen’s Finance/Oversight Committee’s name Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - CCB Review
Attachment 1 - CCB Provision Summary
Attachment 2 - Ordinance 1601
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J.3. Receive a progress report on the City Council Strategic Plan 2021-2023 Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Strategic Plan Progress Report
Attachment 1 - Progress Report
Attachment 2 - 2021-2023 Strategic Plan
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.
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.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of September 27, 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