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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, November 15, 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
Gary Bell
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/3hyha9u
or
Join at Zoom.com
Meeting ID: 869 9590 5875
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: 869 9590 5875
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: Small Business Saturday
Small Business Saturday 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 City Council closed session special meeting minutes of September 29, 2022
Staff contact: Laura McDowall, City Clerk, 899-8900
Minutes - September 29, 2022
G.3. Approve the City Council closed and open session meeting minutes of October 11, 2022
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - October 11, 2022
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G.4. Adopt Ordinance 1693 amending Novato Municipal Code Chapter XIX (Zoning) to prohibit the construction of new gas stations and the expansion of existing gas stations and find the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Staff Report - Gas Station Prohibition Ordinance
Attachment 1 - Ordinance 1693
G.5. Receive and file the Investment Report for Fiscal Year (FY) 22/23 Quarter 1 Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - Q1 Investment Report
Attachment 1 - FY 22-23 Q1 Investment Report
G.6. Adopt a resolution authorizing the City Manager to enter into a 5-year agreement with Axon Enterprises in the total amount of $763,534 for body worn cameras, fleet cameras, TASER devices, and related digital evidence storage
Staff contact: Beth Johnson, Chief of Police, 897-4361
Staff Report - Axon Agreement
Attachment 1 - Draft Resolution
Attachment 2 - Quote
Attachment 3 - Contract
G.7. Adopt a resolution authorizing the City Manager to execute a utility easement grant deed and agreements with Pacific Gas and Electric (PG&E) for the purpose of installing, operating, and maintaining underground utility infrastructure on City-owned property located at the southwest corner of Palm Drive and Hangar Avenue (APN 157-740-68)
Staff contact: David Dammuller, Engineering Services Manager, 899-8246 Staff Report - PG&E Easement
Attachment 1 - Draft Resolution
Attachment 2 - Planning Commission Resolution
Attachment 3 - PG&E Offer Letter
Attachment 4 - PGE Easement
G.8. Adopt a resolution authorizing acceptance of subdivision improvements for the subdivision known as Bahia Heights, project No. 218-900 in accordance with the Subdivision Improvement Agreement (SIA) for the project.
Subdivider: Ryder Homes of California dba Bahia Heights, LLC Staff contact: David Dammuller, Engineering Services Manager, 899-8246 Staff Report - Bahia Heights Subdivision Acceptance
Attachment 1 - Draft Resolution
Attachment 2 - Bahia Heights Subdivision Improvement Agreement H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
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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. Consider completing the annual assessment process for the Downtown Novato Business Improvement District (BID) by holding a public hearing and adopting a resolution confirming the 2022 Downtown Novato Business Association (DNBA) Annual Report and 2023 BID Budget, thereby confirming the levy of BID assessments for calendar year 2023 Staff Report - DBID Assessment
Attachment 1 - Draft Resolution
Attachment 2 - Annual Mailed Packet
Presentation (added 11/16/22)
I.2. Conduct a public hearing to consider an appeal of the Planning Commission and Zoning Administrator’s interpretation regarding the meaning and applicability of “Accessory Use,” “Accessory Retail and Service Uses,” “Check Cashing Service,” and “Travel Agency,” as defined in Chapter 19 (Zoning) of the Novato Municipal Code, and determination that a “Check Cashing Service” is not an accessory use to a “Travel Agency” Potentially direct staff to prepare a resolution denying the appeal, a resolution upholding the appeal, or provide direction to (a) amend the Novato Municipal Code with respect to the regulation of check cashing services and travel agencies in Novato’s commercial zoning districts and (b) authorize the City Manager to negotiate and enter an agreement allowing La Star Latina to operate a check cashing business pending consideration and adoption of the amendment
Staff contact: Steve Marshall, Planning Manager, 899-8900 Staff Report - La Star Latina Check Cashing Appeal
Attachment 1 - Zoning Administrator Interpretation
Attachment 2 - Planning Commission Resolution No. 2022-008 Attachment 3 - Planning Commission Hearing Minutes, June 27, 2022 Attachment 4 - Planning Commission Staff Report, June 27, 2022 Attachment 5 - Correspondence (Appeal), Hanson Bridgett, July 7, 2022 Attachment 6 - Correspondence (Supplement), Hanson Bridgett, September 14, 2022 I.3. Hold a public hearing and consider introducing an ordinance repealing Section 4-1 of Chapter 4 of the Novato Municipal Code in its entirety and reenact a new Section 4-1 to adopt by reference, Parts 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the 2022 California Building Standards Code as amended, as the construction codes of the City of Novato and making findings of fact based on local conditions in support of the amendments and finding adoption exempt from the CEQA under California Code of Regulations, Title 14 Section 15061(b)(3); and
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Consider and possibly adopt a resolution ratifying Novato Fire Protection District Board’s ordinance No. 2022-1 adopting and amending the 2022 California Fire Code and Appendix A of the 2021 International WildlandUrban Interface Code and finding this action to be exempt from environmental review under CEQA Guidelines Section 15061(b)(3); and Consider introducing an ordinance amending Novato Municipal Code Chapter 6, Excavations and Fills, to establish new thresholds for earthwork grading permit requirements and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 15268, 15301, 15304 and 15308
Staff contact: Vicki Parker, Community Development Director, 899-8900 Staff Report - Building Code Adoption
Attachment 1 - Building Subcommittee Recommendations
Attachment 2 - Building Code Ordinance
Attachment 3 - Draft Resolution
Attachment 4 - Excavations and Fills Ordinance
Presentation (added 11/16/22)
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 establishing a Housing and Homeless Committee and authorize staff to begin the Committee recruitment process Staff Report - Housing and Homeless Committee
Attachment 1 - Draft Resolution
Presentation (added 11/16/22)
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.
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AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of November 15, 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