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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 11, 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/3CF20Ht
or
Join at Zoom.com
Meeting ID: 849 8049 3484
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: 849 8049 3484
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. Voters Choice Act Presentation by the County of Marin Elections Office Voters Choice Act Newsletter
C.2. Proclamation: Bully Prevention Month
Bully Prevention Month Proclamation
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Councilmember Eklund & Mayor Lucan Proposed Agenda Item: Consider sending a letter to the Metropolitan Transportation Commission (MTC) urging the Commission to accelerate planning and construction of a pile-supported causeway along the current SR 37 alignment and limit interim projects to low-cost, low impact fixes or serve as initial phase of the ultimate project Proposed Agenda Item
E.2. City Council and City Manager Reports
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
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G.2. Adopt 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: Terri Brown, Assistant City Clerk, 899-8900 Staff Report - Conflict of Interest Code Ordinance
Attachment 1 - Ordinance
G.3. Adopt a resolution approving a Roadside Memorial Policy to establish procedures for handling memorials placed within City of Novato right-of-way and authorize the City Manager or their designee to implement the policy
City staff: Christopher Blunk, Public Works Director-City Engineer Staff Report - Roadside Memorial Policy
Attachment 1 - Draft Resolution
G.4. Receive the 2021 Annual Progress Report for the 2035 Novato General Plan and authorize staff to submit it to the Governor’s Office of Planning and Research (OPR) for filing
Staff contact: Kaitlin Zitelli, Senior Planner
Staff Report - General Plan Progress Report
Attachment 1 - 2021 General Plan Progress Report
G.5. Approve the establishment of an Aquatics Division to operate the Hamilton Community Pool under the Parks, Recreation & Community Services (PRCS) Department and:
1. Adopt a resolution amending Fiscal Year 22/23 budget to establish an Aquatics Division operating budget and increase the PRCS department staffing allocation from 16 to 18 to include 1.0 full-time equivalent (FTE) Recreation Supervisor and 1.0 FTE Recreation Coordinator to oversee Aquatic programming at Hamilton Community Pool;
2. Amend the job description for Recreation Supervisor;
3. Amend the job description for Recreation Coordinator;
4. Approve job descriptions for part-time equivalent (PTE) Aquatics classifications including Head Lifeguard, Lifeguard and Swim Instructor; and
5. Approve an updated salary schedule with salary ranges for Head Lifeguard, Lifeguard and Swim Instructor.
Katie Gauntlett, Parks, Recreation & Community Services Director Staff Report - Aquatics Division
Attachment 1 - Draft Resolution
Attachment 2 - Recreation Supervisor Revised Job Description Attachment 3 - Recreation Coordinator Revised Job Description Attachment 4 - Head Lifeguard Job Description
Attachment 5 - Lifeguard Job Description
Attachment 6 - Swim Instructor Job Description
Attachment 7 - Updated Salary Schedule
G.6. Adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s revised response to the June 6, 2022 Marin County Civil Grand Jury report titled, “Electrifying Marin’s Buildings: a Countywide Approach" Staff contact: Vicki Parker, Community Development Director, 899-8900 Staff Report - Grand Jury Revised Response
Attachment 1 - Draft Resolution
Attachment 2 - Grand Jury Report
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G.7. Adopt a resolution approving a Commercial Cannabis Conditional Certificate to:
1. Evergreen Supply Co. LLC., doing business as Blissful State, for a non-storefront retail cannabis business located at 30 Pamaron Way, Ste. 205
Staff contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - Blissful State Commercial Cannabis Conditional Certificate Attachment 1 - Draft Resolution
G.8. Consider adopting the City Council meeting schedule for 2023, holding a regular City Council meeting every second and fourth Tuesday with certain exceptions Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - 2023 Meeting Schedule
Attachment 1 - Draft 2023 Council Meeting Schedule
Attachment 2 - Resolution 2018-006
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. PUBLIC HEARINGS
There are no agenda items.
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 adopting a resolution authorizing the City Manager to execute the purchase of 501 Davidson Street, APN 153-250-06, -07, -09, -11, for $5,750,000 Staff Contact: Adam McGill, City Manager, 899-8900
Staff Report - Purchase of 501 Davidson Street
Attachment 1 - Resolution and attached Purchase and Sale Agreement with Exhibits 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.
L. WORK STUDY SESSION
There are no agenda items.
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 October 11, 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