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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, February 28, 2023 - 6:00 PM
Mayor
Susan Wernick
Mayor Pro Tempore
Mark Milberg
Councilmembers
Pat Eklund
Rachel Farac
Tim O’Connor
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: https://bit.ly/3XU5jlv
or
Join at Zoom.com
Meeting ID: 899 5564 6147
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: 899 5564 6147
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. Administer Oath of Office to Newly Appointed Councilmember Tim O'Connor BRIEF RECESS FOR COUNCILMEMBER O’CONNOR 6:05-6:30PM (time is approximate) 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. Receive and file the Investment Report for FY 22/23 Quarter 2 Staff contact: Natalie Moline, Accountant II, 899-8900
Staff Report - Investment Report
Attachment 1 - Investment Report
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G.3. Adopt a resolution and authorize the Mayor to sign a letter of opposition to initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act., in accordance with the League of California Cities Action Alert
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Opposition to 21-0042A1
Attachment 1 - Draft Resolution
Attachment 2 - Draft Letter
Attachment 3 - California City Finance Analysis
Attachment 4 - Full text of 21-0042A1
G.4. Adopt a resolution terminating the Local Emergency Regarding COVID-19, effective February 28, 2023, per California Government Code Section 8630, and rescind all rules and regulations adopted thereunder Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Terminate COVID-19 Local Emergency
Attachment 1 - Draft Resolution
G.5. Adopt a resolution authorizing acceptance of subdivision improvements for the subdivision known as Atherton Place Condominiums, project No. 218- 901 in accordance with the Subdivision Improvement Agreement (SIA) for the project. Subdivider: KB Home South Bay, Incorporated Staff contact: David Dammuller, Engineering Services Manager, 899-8900 Staff Report - Atherton Place SIA
Attachment 1 - Draft Resolution
Attachment 2 - Subdivision Improvement Agreement
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 and consider adopting a resolution amending Resolution No. 2022-059 to establish facility rental fees for the Hamilton Community Pool under the City’s Master Fee Schedule
Staff contact: Katie Gauntlett, Parks, Recreation, & Community Services Director, 899-8900
Staff Report - Establishing Rental Fees for Hamilton Community Pool Attachment 1 - Draft Resolution
Attachment 2 - Draft Master Fee Schedule Hamilton Community Pool Attachment 3 - Administrative Policy 2.3
Presentation
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I.2. Hold a public hearing and consider introducing an ordinance to reduce the speed limit on Nave Drive from 40 mph to 35 mph from Alameda Del Prado to 600 feet south of Roblar Drive, adopt a resolution authorizing the submittal of a request to the California Department of Transportation to reclassify Hill Road from a Collector Street to a Local Street between Indian Valley Road and Tamalpais Avenue, and find these actions to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Christopher Blunk, Public Works Director-City Engineer, 899-8900 Staff Report - Speed Limit Ordinance
Attachment 1 - Draft Ordinance
Attachment 2 - E&TS for Nave Drive
Attachment 3 - Draft Resolution
Presentation
I.3. Hold a public hearing and consider introducing an ordinance amending Novato Municipal Code Section 2-11 to update the members’ other service and residency requirements of the Design Review Commission Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Design Review Commission Ordinance Update Attachment 1 - Draft DRC Ordinance
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. Receive the Annual Comprehensive Financial Report (ACFR) for Fiscal Year ending June 30, 2020
Staff contact: Amy Cunningham, Administrative Services Director, 899-8900 Staff Report - Annual Comprehensive Financial Report
Attachment 1 - Annual Comprehensive Financial Report
Attachment 2 - Single Audit and Related Reports
Attachment 3 - Management Letter - 2020
Attachment 4 - Audit Conclusion Letter - 2020
Attachment 5 - 2019-20 Agreed Upon Procedures GAAN Letter Audit Results Presentation
19-20 ACFR Presentation
J.2. Authorize the City Manager to execute an agreement with Novato Theater to waive enforcement of the Exclusive Event Listing restrictions on the property located at 924 Grant Ave., commonly known as the Novato Downtown Theater in order to help facilitate sale of the Theater at its fair market value and make findings that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato Theater Agreement
Attachment 1 - Draft Agreement
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Attachment 2 - October 12, 2010 Staff Report
Attachment 3 - October 12, 2010 Minutes
Attachment 4 - December 5, 2011 Staff Report
Attachment 5 - December 5, 2011 Minutes
Attachment 6 - June 14, 2016 Staff Report
Attachment 7 - June 14, 2016 Minutes
Attachment 8 - October 9, 2018 Staff Report
Attachment 9 - October 9, 2018 Minutes
Presentation
J.3. Consider and discuss providing direction to staff to implement a Virtual Public Participation Option for City Commission, Committee and Boards Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - CCB Virtual Public Participation Option
Attachment 1 - CCB Meeting Matrix
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
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 February 28, 2023, 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