NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
November 15, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:00 p.m., with the Under 12 Girls Soccer Team leading the Pledge of Allegiance.
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, Community and Economic Development Director Vicki Parker, Public Works Director-City Engineer Chris Blunk, Building Official Robert Cubley, Planning and Environmental Services Manager Steve Marshall, Principal Management Analyst Sullina Sanchez, City Attorney Jeff Walter and City Clerk Laura McDowall
OUTSIDE COUNSEL PRESENT: Christine Crowl, Jarvis Fay
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Small Business Saturday
Miriam Hope Karell from the Marin Small Business Development Center, Corree Cameron from the Novato Chamber of Commerce Board and Stephanie Koehler from the Downtown Novato Business Association were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Milberg 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 reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Catherine Rucker
G. CONSENT CALENDAR
Councilmember Athas announced that she would be abstaining from item G.3 because she was not present at the meeting.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Eklund, the City Council voted 5-0 via roll call to approve the Consent Calendar with Councilmember Athas abstaining from item G.3 and Councilmember Eklund voting No on item G.8.
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 aloud in their entirety
G.2. Approve the City Council closed session special meeting minutes of September 29, 2022
The City Council approved the minutes of September 29, 2022.
G.3. Approve the City Council closed and open session meeting minutes of October 11, 2022
The City Council approved the minutes of October 11, 2022.
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
The City Council adopted Ordinance 1693.
G.5. Receive and file the Investment Report for Fiscal Year (FY) 22/23 Quarter 1 The City Council received and filed the reports.
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
The City Council adopted Resolution No. 2022-094.
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)
The City Council adopted Resolution No. 2022-087.
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 The City Council adopted Resolution No. 2022-091.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
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 Principal Management Analyst Sullina Sanchez presented the item.
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 adopt the 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.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-092.
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
Mayor Lucan announced that he would be recusing himself from this item due to real property that he owned and left the dais at 6:33pm, and Mayor Pro Tem Wernick became chair.
Planning and Environmental Services Manager Steve Marshall presented the item, and Andrew Giacomini from Hansen Bridgett gave a presentation on behalf of the appellant Outside counsel Christine Crowl from Jarvis Fay was present to represent the Council and answer questions.
PUBLIC COMMENT:
1. Dr. John Cristman
COUNCIL ACTION: A motion was made by Mayor Pro Tem Wernick and seconded by Councilmember Athas to deny the appeal.
Council discussion ensued and the Council agreed to table the motion.
COUNCIL ACTION: A substitute motion was made by Councilmember Eklund and seconded by Councilmember Milberg, and the City Council voted 4-0-1 via roll call to stay the appeal and enter into an interim agreement with La Star Latina to allow them to operate at 904 Grant and direct staff to draft Zoning Code amendment options to change the zoning of Downtown Core CDR and CDD Zoning Districts to create a use permit process, which would return to Council for approval, with Mayor Lucan recused.
AYES: ATHAS, EKLUND, MILBERG, WERNICK
NOES: NONE
RECUSE: LUCAN
Motion carried.
COUNCIL ACTION: A motion was made by Councilmember Athas and seconded by Mayor Pro Tem Wernick to have the appellant be responsible for all costs incurred.
The Council then reviewed the various costs involved with the Zoning Code amendments and discussed option of splitting the costs, and it was generally felt that the applicant should be responsible for the costs associated with the interim agreement.
COUNCIL ACTION: Upon substitute motion made by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 4-0- 1 via roll call to have the appellant be responsible for all costs incurred for the interim agreement, with Mayor Lucan recused.
AYES: ATHAS, EKLUND, MILBERG, WERNICK
NOES: NONE
RECUSED: LUCAN
Motion carried.
The City Council took a brief recess between 8:46pm and 8:56pm. Mayor Lucan returned to the dais at 8:56pm and resumed the role of chair.
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
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
Community and Economic Development Director Vicki Parker, Building Official Robert Cubley and Public Works Director-City Engineer Chris Blunk presented the item and responded to Council questions, and Deputy Fire Protection District Chief Lynn Osgood reviewed changes to the California Fire Code.
PUBLIC COMMENT:
1. Chris Yalounis
2. Stefana Hendronetto
3. Servin Hendronetto
4. David Moller
5. Silke Valentine
6. Julia Janeway
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to introduce the 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).
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1694.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to introduce the 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.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1695.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the 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 Wildland-Urban Interface Code and finding this action to be exempt from environmental review under CEQA Guidelines Section 15061(b)(3).
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-092.
J. GENERAL BUSINESS
J.1. Consider adopting a resolution establishing a Housing and Homeless Committee and authorize staff to begin the Committee recruitment process Principal Analyst Sanchez presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Jason Sarris
COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the resolution establishing a Housing and Homeless Committee and authorize staff to begin the Committee recruitment process.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-093.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS There were no items for this section.
L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 10:41pm the City Council adjourned the meeting in memory of Tali Sundberg.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of January 10, 2023. /Laura McDowall/
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Laura McDowall, City Clerk