NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
December 6, 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 Mayor Lucan 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, Administrative Services Director Amy Cunningham, Public Works Director-City Engineer Chris Blunk, Assistant City Attorney Jeff Walter, Counsel Michael Allerdice, and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session prior to open session. There was nothing to report out.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Recognition: Councilmember Denise Athas
The City Council recognized Councilmember Denise Athas for her service on the Novato City Council and presented her with a proclamation.
PUBLIC COMMENT:
1. Coree Cameron
2. Amy Peele
3. Jennifer Goldfinger
4. Madeline Kellner
C.2. Recognition: Mayor Eric Lucan
The City Council presented Mayor Eric Lucan with a proclamation for his service on the City Council and said words of recognition.
PUBLIC COMMENT:
1. Madeline Kellner
2. Coree Cameron
The City Council took a recess from 6:37pm – 7:08pm.
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
The City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Amy Shmania
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to approve the Consent Calendar.
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 an ordinance aloud in its entirety.
G.2. Approve the Joint City Council / Novato Public Finance Authority meeting minutes of October 25, 2022
The City Council approved the minutes of October 25, 2022.
G.3. Approve the City Council meeting minutes of November 1, 2022 The City Council approved the minutes of November 1, 2022.
G.4. Adopt Ordinance 1694 repealing Section 4-1 of Chapter 4 Building and Housing, of the Novato Municipal Code in its entirety and reenacting 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
The City Council adopted Ordinance 1694.
G.5. Adopt Ordinance 1695 amending Novato Municipal Code Chapter VI (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 The City Council adopted Ordinance 1695.
G.6. Adopt a resolution approving an updated City of Novato Salary Schedule for FY 2022-2023
The City Council adopted Resolution No. 2022-098.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing to consider and introduce an ordinance amending Section 4-19 (Electric Vehicle Charging Systems) to Chapter IV (Building and Housing) of the Novato Municipal Code to impose an Electric Vehicle Infrastructure Training Program (EVITP) certification requirement on Cityfunded electric vehicle infrastructure projects and finding the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378 and 15308 Public Works Director-City Engineer Chris Blunk presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Natalie Higley
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to introduce the ordinance amending Section 4-19 (Electric Vehicle Charging Systems) to Chapter IV (Building and Housing) of the Novato Municipal Code to impose an Electric Vehicle Infrastructure Training Program (EVITP) certification requirement on City-funded electric vehicle infrastructure projects and finding the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378 and 15308.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1696.
J. GENERAL BUSINESS
J.1. Receive a presentation of the completed draft Cycle 6 housing element update and take public comment
Community Development Director Vicki Parker opened the item. Mayor Pro Tem Wernick announced that she would have to recuse herself from the 5 San Andreas site on the proposed rezone list due to its proximity to real property she owned and left the dais at 7:37pm. The City Council discussed the property at 5 San Andreas Dr, and Director Parker explained that the property was owned by the Novato Unified School District and they wanted to remove the site from the list.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 4-0-1 via roll call to remove 5 San Andreas Dr from the Site List, with Mayor Pro Tem Wernick recused.
AYES: ATHAS, EKLUND, MILBERG, LUCAN
NOES: NONE
RECUSED: WERNICK
Motion carried.
Mayor Pro Tem Wernick returned to the dais at 7:42pm. David Bergman and Ethan Stan from Lisa Wise Consulting then gave a presentation and responded to Council questions.
Councilmember Eklund and Mayor Lucan announced they needed to recuse themselves from discussion on programs related to rental protections and Just Cause, Programs 5I and 5J, due to rental property they owned and left the dais at 8:14pm, and Mayor Pro Tem Wernick became chair. The Council then discussed programs 5I and 5J and took public comment on these two programs.
PUBLIC COMMENT (on items 5I and 5J):
1. Sylvia Barry
The City Council took a brief recess between 8:22pm and 8:31pm. Mayor Lucan and Councilmember Eklund returned, and the Council discussed the Housing Element as a whole.
PUBLIC COMMENT:
1. Karen Andresen
It was suggested that item 3B be updated to read ‘Hillside and Ridgeline’ and to add a program to evaluate options to regulate vacant homes. There was consensus to change the column on inventory to read ‘proposed’ new residential units or to place an asterisk or footnote to provide clarification that the projects are proposed by the applicant. It was suggested that the Buck site be added back to the list, but there was not majority support for this change.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to update 3B to read Hillside and Ridgeline regulations.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to add a program to evaluate options dealing with vacant homes.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
COUNCIL ACTION: A motion was made by Mayor Lucan and seconded by Councilmember Eklund to add the Buck site back to the list, however after discussion Councilmember Eklund retracted her second.
Motion failed for lack of a second.
J.2. Consider adopting a resolution approving an approximately $3 million loan agreement and related documents between the City and Homeward Bound of Marin
City Manager McGill opened the item and Mary Kay Sweeny and Paul Fordham from Homeward Bound of Marin gave an overview of the project. Michael Allderice of Colantuono, Highsmith & Whatley, PC was present to respond to Council’s questions on the loan terms. It was suggested that the resolution be amended to have the City Council be the approval authority to extend the loan maturity date, and it was further agreed to amend loan agreement section 1(r) to remove the commercial kitchen facilities, flex space, etc. so that the project would be defined as the veteran housing only.
PUBLIC COMMENT:
1. Sonia Seeman
2. Sylvia Barry
3. Larisa Thomas
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 3-2 via roll call to adopt the resolution authorizing a $3+ million loan to Homeward Bound of Marin, the execution and delivery of a loan and security agreement and related documents and approving related documents and actions, with the revision to the definition of the project in the loan agreement as discussed and including a provision that indicates that any extension of the maturity date would have to be approved by the Council
AYES: ATHAS, MILBERG, LUCAN
NOES: EKLUND, WERNICK
Motion carried. The City Council adopted Resolution No. 2022-099.
J.3. Consider adopting a resolution approving final funding sources for purchase of 501 Davidson Street
City Manager McGill gave the presentation and reviewed funding options.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the resolution approving final funding sources for the purchase of 501 Davidson Street.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-097.
J.4. Consider adopting a resolution to establish standards for the installation of new streetlights and replacement or retrofit of existing streetlights in the City
Public Works Director-City Engineer Chris Blunk 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 adopt the resolution to establish standards for the installation of new streetlights and replacement or retrofit of existing streetlights in the City.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-096.
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 11:15pm, the City Council adjourned the meeting in memory of Jim Grossi, Larry Moyer, Jeanne Codington, Herb Lakritz, Sean Curtis and John Lucan.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of February 14, 2023. /Laura McDowall/
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Laura McDowall