NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
January 9, 2024 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:10 p.m., with Mayor Milberg leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Mark Milberg, Mayor Pro Tempore Tim O’Connor Councilmember Pat Eklund, Councilmember Rachel Farac, and Councilmember Susan Wernick
STAFF PRESENT: Interim City Manager Amy Cunningham, Community Development Department Deputy Director Steve Marshall, Senior Planner Brett Walker, City Attorney Gary Bell and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session prior to the open session. There was nothing to report out.
C. CEREMONIAL MATTERS/PRESENTATIONS
There were no agenda items.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to approve the Final Agenda.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
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 Councilmember Eklund presented the item. While the Council expressed appreciation for bringing the item forward and agreed that public input was crucial, it was generally felt that the recruitment should proceed with the process as already planned.
PUBLIC COMMENT:
1. Pam Drew
2. Doug Hood
COUNCIL ACTION: Motion made by Councilmember Eklund and seconded by Councilmember Farac to put on the Council agenda for either January or February about attributes of a City Manager so that the public can also provide input on what type of a person they’re looking for to help lead this city.
AYES: EKLUND, FARAC
NOES: WERNICK, O’CONNOR, MILBERG
Motion failed.
E.2. Reports from the City Council & City Manager
Interim City Manager Cunningham reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Dean Moser
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to approve the Consent Calendar.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
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 Meeting Minutes of November 14, 2023 The City Council approved the meeting minutes of November 14, 2023.
G.3. Approve the City Council Closed Session Special Meeting Minutes of November 29, 2023
The City Council approved the Closed Session Special Meeting Minutes of 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)
The City Council adopted Resolution No. 2024-001.
G.5. Receive and file the City of Novato’s second quarter payment register report for the months of October, November, and December 2023
The City Council received and filed the report.
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
The City Council adopted Resolution No. 2024-002.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
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-ofWay for Pinkston Road Senior Planner Brett Walker opened the item and Robert Upton, representative for Campus Properties, gave a presentation. Senior Planner Walker and Mr.
Upton responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt a resolution adopting a Mitigated Negative declaration and Mitigation Monitoring and Reporting Program for the Valley Oaks Project (APNs 125-580-34 and 125-580-37).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-003.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to adopt a resolution approving an amendment to the Novato General Plan text regarding Land Use Policy Lu 27 and Program LU 27C and amend the Land Use Map to change the Land Use Designation from Business and Professional Office (BPO) to Open Space (OS), Medium Density Residential (R5), and High Density Multiple-family Residential (R20), on an approximately 38-acre site located on the West side of Redwood Blvd (APNs 125-580-34 and 125-580-37).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-004.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to introduce an ordinance rescinding all previously approved Master Plans and Amendments thereto as applicable to the project site and adopting a Master Plan, Precise Development Plan, and Design Review for Valley Oaks on an approximately 38-acre site located on the West Side of Redwood Blvd (APNs 125-580-34 and 125-580-37).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council introduced Ordinance 1710.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt a resolution approving a Vesting Tentative Map and grant certain Development Standards Exceptions to create 61 single-family residential lots, 4 multi-family residential lots to accommodate 20 condominium airspace units, and common-ownership parcels on an approximately 38-acre site for the Valley Oaks project, located on the West Side of Redwood Blvd, near Pinkston Road and Verandah Avenue (APNs 125-580-34 and 125-580-37).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution 2024-005.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt a resolution of a Summary Vacation of Public Right-of-Way of Pinkston Road, located on the West Side of Redwood Blvd, and more specifically described and depicted in Exhibits A-1 and B-1; portion of assessor’s parcel number (APN) 125-580-34.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-006.
The City Council took a brief recess at 7:54pm and returned at 8:02pm.
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 Community Development Department Deputy Director Steve Marshall presented the item.
PUBLIC COMMENT:
1. Jerry Ghirardo
2. Steven Ghirardo
3. Eric Phillips
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to adopt a resolution finding the proposed General Plan Land Use Map and Text Amendments and Zoning Map Amendments
addressing Residential Development of APN 125-202-12 (end of Meadow Crest Road) and APN 141-291-32 (1682 Novato Blvd) to be exempt from further Environmental Review pursuant to CEQA Guidelines Section 15162 and 15164 based on an addendum to the Final Environmental Impact Report certified for Novato General Plan 2035.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-007.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt a resolution of the City Council of the City of Novato approving amendments to the Land Use Map and text of Novato General Plan 2035 to implement Program 1.A of Novato’s 6th Cycle Housing Element for the planning period of 2023-2031, including assigning the High Density Multiple Family Residential (R20) and Open Space (OS) Land Use Designations to APN 125-202-12 (Meadow Crest Road) and the High Density Multiple Family Residential (R20) Land Use Designation to APN 141-291-32 (1682 Novato Bvd).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-008.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to introduce an ordinance approving Zoning Map Amendments to implement Program 1.A of Novato’s 6th Cycle Housing Element for the Planning Period 2023-2031, including assigning the R20-2.0 and Open Space (OS) Zoning District Classifications to APN 125-202-12 (Meadow Crest Road) and the R20-2.0 Zoning District Classification to APN 141- 291-32 (1682 Novato Blvd).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council introduced Ordinance 1711.
J. GENERAL BUSINESS
J.1. Give direction to staff as to any changes the City Council may wish to make to existing mobilehome rent control ordinance
City Attorney Gary Bell presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Katie Cartwright
2. Steven Rosenfeld
3. Jay Shelfer
4. Carol-Joy Harris
The Council discussed potential edits to the ordinance, and it was clarified that the item would return at a future meeting. Discussion ensued on the process and next steps, and Council directed Staff to continue the discussions with stakeholders and bring the item back in March.
COUNCIL ACTION: Motion made by Mayor Milberg and seconded by Mayor Pro Tem O’Connor to continue this discussion with all the proper stakeholders and bring this back to the Council in March.
SUBSTITUTE MOTION: Substitute motion made by Councilmember Eklund to postpone this item to March with the agreement that Staff will list out all of the suggested changes and have a public meeting and all residents of the 4 Mobilehome parks are notified of what those are so everybody could be educated on what they are and then bring their recommendations back to the City Council.
Failed for lack of a second.
COUNCIL ACTION ON MAIN MOTION: Upon motion made by Mayor Milberg and seconded by Mayor Pro Tem O’Connor, the City Council voted 4-1 via roll call to continue this discussion with all the proper stakeholders and bring this back to the Council in March, with Councilmember Eklund voting No.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: EKLUND
Motion carried.
The City Council took a recess at 9:42pm and returned at 9:53pm.
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) City Attorney Gary Bell presented items J.2 and J.3 together.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to 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).
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-009.
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
City Attorney Gary Bell presented items J.2 and J.3 together.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Farac and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to 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.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2024-010.
J.4. Consider, review, assign, and/or reassign City Council members to serve on various regional, state, and local commissions, committees and boards City Clerk Laura McDowall opened the item, and the City Council discussed their appointments. It was determined that Mayor Pro Tem O’Connor should replace Mayor Mark Milberg as the Alternate to the Marin Emergency Radio Authority (MERA) Governing Board.
Council also directed staff to update the meeting start time for the Marin Clean Energy (MCE) Board of Directors from 7pm to 6:30pm, to move the Mayor Pro Tem to the Alternate position for the Marin County Council of Mayors and Councilmembers (MCCMC) Mayor’s Select Committee, and to remove the MCCMC City/County Services Subcommittee, MCCMC League of California Cities North Bay Division Executive Board, Cal Cities Board of Directors and Cal Cities Housing, Community & Economic Development Policy Committee from the list.
Additionally, Council directed Staff to list the San Francisco Bay Conservation and Development Commission (BCDC) Alternate Position as Not Applicable (N/A.) PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Pro Tem O’Connor and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call for the City Councilmembers to serve on the various regional, state, and local commissions, committees and boards as discussed.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
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 10:15pm, the City Council adjourned the meeting in memory of Garvin Williams and Denny Coleman.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of February 13, 2024. /Laura McDowall/
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Laura McDowall, City Clerk