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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, September 12, 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/44N8lLM
or
Join at Zoom.com
Meeting ID: 837 7143 9504
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 (669) 444-9171.
Meeting ID: 837 7143 9504
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
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 a 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 Special Meeting Minutes of August 4, 2023, and August 5, 2023
Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - August 4, 2023 & August 5, 2023
G.3. Receive and file a letter in support of ACA 13 signed by the Mayor in response to a League of California Cities Action Alert
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Letter of Support to ACA 13
Attachment 1 - Letter of Support to ACA 13
Attachment 2 - Full Text of ACA 13
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G.4. Adopt a resolution authorizing the City Manager to execute the Purchase and Sale Agreements and the Acceptance of the Grant Deeds for right-ofway acquisition for the Novato Boulevard Improvement Project, CIP #01-004 Staff contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - Novato Blvd Right of Way Acquisition
Attachment 1 - Draft Resolution
Attachment 2 - Acquisition Parcel Exhibit
G.5. Adopt a resolution authorizing the Mayor to execute a second amendment to the 2020 Cooperation Agreement with the County of Marin for funding and administration of federal Community Development Block Grant (CDBG) and HOME programs
Staff contact: Vicki Parker, Community Development Director, 899-8900 Staff Report - Second Amendment to Cooperation Agreement Attachment 1 - Draft Resolution
G.6. Adopt a resolution to accept a $119,000 Selective Traffic Enforcement Program (STEP) grant from the California Office of Traffic Safety (OTS); authorize the City Manager to execute grant agreement and related operating budget adjustments; and authorize the Police Department to utilize the grant to continue its education and enforcement of traffic related laws to reduce injury and fatal traffic collisions
Staff contact: Sgt. R. Pourfarhani, 415-897-4361
Staff Report - OTS Step Grant
Attachment 1 - Draft Resolution
Attachment 2 - Grant Application
G.7. Approve the Recreation, Cultural and Community Services Advisory Commission’s recommendation to approve final designs for the Scottsdale Pond Wayside Signage artwork created by scientific illustrator Emma Oyle, for the previously approved public art installation at Scottsdale Pond located at Redwood Blvd and Rowland Blvd in partnership with the Rotary Club of Novato
Staff contact: Katie Gauntlett, Director of Parks, Recreation & Community Services, 899-8900
Staff Report - Scottsdale Pond Signage
Attachment 1 - Art in Public Places Policy
Attachment 2 - Photos of Current Signs
Attachment 3 - Final Artwork
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. Hold a public hearing to evaluate a commercial cannabis business proposal; and adopt a resolution awarding a Conditional Certificate to Medela Power Corporation (formerly Marin Connection Corporation) to establish a 1,450 square foot indoor cannabis cultivation business located at 22 Commercial Boulevard – portions of Suites A & B; and find that the certificate is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guidelines sections 15268(a) and 15301(a)
Staff contact: Sullina Sanchez, Principal Management Analyst, 899-8900 Staff Report - Medela Power Conditional Certificate
Attachment 1 - Draft Resolution
Attachment 2 - Proposal Summary
Attachment 3 - Summary of Cannabis Regulations
Presentation
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 Sustainability Commission Fiscal Year (FY) 2022-23 Annual Report and consider approving the Sustainability Commission FY 2023-24 Workplan
Staff contact: Gretchen Schubeck, Sustainability Coordinator II, 899-8900 Staff Report - Sustainability Commission Annual Report & Workplan Attachment 1 - Annual Report
Attachment 2 - Workplan
Presentation
J.2. Discuss and provide direction regarding the proposed exclusive negotiating agreement by and between the City of Novato and the Novato Historical Guild for the potential relocation of the Novato History Museum to the Scott House (917 Sherman Avenue, APN 153-062-16)
Staff contact: Adam McGill, City Manager, 899-8900
Staff Report - Novato Historical Guild ENA
Attachment 1 - Draft Exclusive Negotiating Agreement
J.3. Consider and introduce an ordinance amending Novato Municipal Code Chapter XVIII (“Traffic”) to add subsection 18-16 (“Median Regulations”) to provide rules for the use of medians to promote traffic safety and find the amendment exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
Staff contact: Chris DeGabriele, Interim Public Works Director, 899-8900 Page | 6 Phone No. (415) 899-8900
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Staff Report - Median Safety Ordinance
Attachment 1 - Draft Ordinance
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 September 12, 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