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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, January 9, 2024 - 6:00 PM
Mayor
Mark Milberg
Mayor Pro Tempore
Tim O’Connor
Councilmembers
Pat Eklund
Rachel Farac
Susan Wernick
Interim City Manager
Amy Cunningham
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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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 A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
There are no agenda items.
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Proposed Agenda Item - Councilmember Eklund: Discuss and provide direction on the recruitment process for the City Manager’s position.
Proposed Agenda Item - Councilmember Eklund
E.2. 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.
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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 Meeting Minutes of November 14, 2023 Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - November 14, 2023
G.3. Approve the City Council Closed Session Special Meeting Minutes of November 29, 2023
Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - November 29, 2023
G.4. Adopt a resolution approving the plans and specifications and authorizing bid advertisement for the Grant Avenue Bridge Rehabilitation, CIP Project No. 09-003, Federal-Aid Project No. BHLS-5361(023)
Staff Contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Grant Ave Bridge
Attachment 1 - Draft Resolution
Attachment 2 - Location Map
Attachment 3 - Budget Excerpt
G.5. Receive and file the City of Novato’s second quarter payment register report for the months of October, November, and December 2023
Staff Contact: Polo Lopez-Carrasco, Accountant II, 899-8900 Staff Report - 2nd Quarter Payment Register
Attachment 1 - Payment Register
G.6. Adopt a resolution authorizing the City Manager to execute a Second Amendment to the Consultant Services Agreement with the Marin Museum of Contemporary Art
Staff Contact: Sullina Smith, Principal Management Analyst, 899-8900 Staff Report - MarinMOCA CSA Amendment.
Attachment 1 - Draft Resolution
Attachment 2 - Draft Second Amendment
Attachment 3 - First Amendment
Attachment 4 - Original 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. Valley Oaks
APNs 125-580-34 and 125-580-37; located on the west side of Redwood Blvd near Verandah Avenue and Pinkston Road
Hold a Public Hearing to consider (1) Adopting a CEQA Initial Study/Mitigated Negative Declaration; (2) Approving a General Plan Map Amendment for a 38±- acre area from Business and Professional Office (BPO) to Open Space (OS), Medium Density Residential (R5), and High Density Multiple-Family Residential (R20), and a General Plan Text Amendment; (3) introducing an ordinance approving a Master Plan, Precise Development Plan, and Design Review; (4) approve a Vesting Tentative Map for a development including 61 single-family residential lots, 4 lots to accommodate 20 residential condominiums airspace units, and common ownership parcels, and approving Exception Requests to Chapter 5 (Development Standards); and approve a Vacation of Right-of-Way for Pinkston Road
Staff Contact: Brett Walker, Senior Planner, 899-8900
Staff Report - Valley Oaks
Attachment 1 - Draft Resolution - CEQA IS/MND
Attachment 2 - Draft Resolution - General Plan Amendment Attachment 3 - Draft Ordinance - Master Plan, PDP and Design Review Attachment 4 - Draft Resolution - Vesting Tentative Map Attachment 5 - Draft Resolution - Vacation Right of Way Attachment 6 - Public and Agency Comments
Attachment 7 - Planning Commission - Draft Minutes Excerpt Presentation
I.2. General Plan (Land Use Map & Text) and Zoning Map Amendments APNs: 125-202-12 (end of Meadow Crest Road) and 141-291-32 (1682 Novato Blvd.)
Conduct a public hearing to consider: (1) adopting a resolution finding the General Plan (land use map and text) and Zoning Map amendments to implement Housing Element Program 1.A to be exempt from environmental review; (2) adopting a resolution approving amendments to the General Plan (land use map and text); and, (3) introducing an ordinance approving amendments to the Novato Zoning Map
Staff Contact: Steve Marshall, Deputy CDD Director, 899-8900 Staff Report - General Plan and Zoning Map Amendments
Attachment 1 - Draft Resolution - CEQA Determination
Attachment 2 - Draft Resolution - General Plan Land Use Map and Text Amendments Attachment 3 - Draft Ordinance - Zoning Map Amendments
Attachment 4 - Planning Commission Resolution - CEQA
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Attachment 5 - Planning Commission Resolution - General Plan Amendments Attachment 6 - Planning Commission Resolution - Rezonings 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 acted upon by a separate vote.
J.1. Give direction to staff as to any changes the City Council may wish to make to existing mobilehome rent control ordinance
Staff Contact: Gary Bell, City Attorney, 899-8900
Staff Report - Mobilehome Rent Control Ordinance Amendments Attachment 1 - Chart Comparing Rent Control Ordinances
J.2. Adopt a resolution amending Resolution No. 2023-068 adopted by the City Council of the City of Novato on July 11, 2023 and ratifying the City Manager’s appointment of Chris DeGabriele, a retired annuitant, as Interim Public Works Director under government code section 21221(h) Staff Contact: Greg Canfield, Management Analyst II, 899-8900 Staff Report - Chris DeGabriele Interim Public Works Director Attachment 1 - Draft Resolution
J.3. Adopt a resolution ratifying the Interim City Manager’s appointment of Dave Dammuller, a Retired Annuitant, as Limited Duration Special Advisor to the Deputy Public Works Director and Public Works Director
Staff Contact: Greg Canfield, Management Analyst II, 899-8900 Staff Report - Dave Dammuller Retired Annuitant
Attachment 1 - Draft Resolution
Attachment 2 - Employment Agreement
J.4. Consider, review, assign, and/or reassign City Council members to serve on various regional, state, and local commissions, committees and boards Staff Contact: Laura McDowall, City Clerk, 899-8986
Staff Report - Council Committee Assignments
Attachment 1 - Council Committee Assignment Chart
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
There are no agenda items.
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 January 9, 2024, 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