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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, August 27, 2024 - 6:00 PM
Mayor
Mark Milberg
Mayor Pro Tempore
Tim O’Connor
Councilmembers
Pat Eklund
Rachel Farac
Susan Wernick
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
C.1. Proclamation - Kathy Nickel
Proclamation
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.
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G.2. Approve the City Council Meeting Minutes of July 9, 2024 Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - July 9, 2024
G.3. Adopt a resolution authorizing the City Manager to execute an amendment to Consultant Service Agreement # 4806 with Underwood and Rosenblum Inc. in the amount of $341,557.15, which includes a 10% contingency, bringing the total amount of the contract to $ $776,695.15, to environmentally clear and prepare plans, specifications and estimates (PS&E) for construction Staff contact: Petr Skala, Associate Engineer, 899-8246 Staff Report - Underwood and Rosenblum Agreement Amendment Attachment 1 - Draft Resolution
Attachment 2 - Draft Amendment
Attachment 3 - Authorization for Additional Work
G.4. Designate Mayor Mark Milberg as the voting representative for the 2024 League of California Cities Annual Conference Business Meeting
Staff contact: Laura McDowall, City Clerk, 899-8900
Staff Report - Cal Cities Voting Delegate
Attachment 1 - 2024 Cal Cities Voting Delegate Information Packet G.5. Adopt a resolution adding the City of Novato Annex to the 2023 Marin County Multijurisdictional Local Hazard Mitigation Plan, which presents environmental hazard analysis, describes important transportation and utility infrastructure at risk from environmental hazards, describes emergency evacuation systems and mitigation actions to protect Marin County populations and infrastructure from environmental hazards
Staff contact: Captain Sasha D’Amico, City of Novato Emergency Manager, 897-4361 Staff Report - City of Novato Annex - Local Hazard Mitigation Plan Attachment 1 - Draft Resolution
Attachment 2 - Novato Annex - 2023 Multijurisdictional Local Hazard Mitigation Plan Attachment 3 - Marin County Amendment Letter - FEMA
Attachment 4 - AB 2140 Fact Sheet
G.6. Receive and file the Investment Report for Fiscal Year (FY) 2023/24 Quarter 4 Staff contact: Natalie Moline, Accountant II, 899-8215
Staff Report - Q4 Investment Report
Attachment 1 - Quarter 4 Investment Report
G.7. Adopt a resolution authorizing the City Manager or their designee to execute an amendment to Professional Services Agreement 5471 with Krisch & Company Accounting Corporation to extend the term of services through June 30, 2025 Staff contact: Carla Carvalho-Degraff, Finance Director, 899-8215 Staff Report - Krisch & Company Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Amendment No. 1
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G.8. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Center Road Sidewalk Gap Closure Between Sun Lane and Apollo Court and ADA Compliant Wheelchair Ramps Installation at 7th Street and Carmel Drive. CIP No. 24-001 (Contract 3)
Staff contact: Petr Skala, Associate Engineer, 899-8246 Staff Report - Notice of Completion CIP No. 24-001
Attachment 1 - Notice of Completion
G.9. Adopt a resolution approving the incorporation of a Workplace Violence Prevention Plan (WVPP) as attachment (H) to the City of Novato Illness & Injury Prevention Policy
Staff contact: Sasha D’Amico, Police Captain, 897-4361
Staff Report - Workplace Violence Prevention Plan
Attachment 1 - Draft Resolution
Attachment 2 - Workplace Violence Prevention Plan
Attachment 3 - Injury and Illness Prevention Policy
G.10. Adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s response to the Marin County Civil Grand Jury Report, Sea Level Rise:
The Water is Upon Us We Cannot Run - We Cannot Hide, dated May 31, 2024, and submit response to Marin County Grand Jury
Staff contact: Clare Hartman, Community Development Director, 899-8989 Staff Report - Grand Jury Response - Sea Level Rise
Attachment 1 - Draft Resolution
Attachment 2 - Exhibit A - Draft Response
Attachment 3 - Marin Civil Grand Jury Report - Sea Level Rise 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. 1st Street & Grant Avenue Mixed -Use (P2023-057)
AB 2011 Objective Design Review, Tentative Map & Density Bonus Hold a Public Hearing to consider and adopt a resolution approving 1st Street & Grant Avenue Mixed-Use, including 170 Multi-family dwellings (apartments), 8,010 Square feet of Ground Floor Retail Space, a 900 square foot ground floor leasing office, and associated parking and site improvements at 1107 Grant Avenue (APNs 141-282-04 & -07)
4th Street & Grant Avenue Mixed-Use (P2023-058)
AB 2011 Objective Design Review, Tentative Map & Density Bonus Hold a public hearing to consider and adopt a resolution approving 4th Street & Grant Avenue Mixed-Use, including 209 Multi-family dwellings (Apartments), 5,335 square feet of ground floor retail space, a 1,000 square food ground floor leasing Page | 5 Phone No. (415) 899-8900
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office, and associated parking and site improvements at 1316-1320 Grant Avenue/1020 Fourth Street (APN 141-261-29)
Staff contact: Vivek Damodaran, Senior Planner; 899-8989 Staff Report - 1st & Grant and 4th & Grant
Attachment 1 - Draft Resolution- 1st & Grant
Attachment 2 - Draft Resolution - 4th & Grant
Attachment 3 - 1st & Grant Preliminary Eligibility & Objective Standards Response Attachment 4 - 4th & Grant Preliminary Eligibility & Objective Standards Response Attachment 5 - Correspondence, Avdis & Cucchi, LLP, Building Height, July 23, 2024 Presentation
I.2 Hold a public hearing and consider introducing an ordinance approving amendments to Novato Municipal Code Chapter V (Development Standards) regarding certain requirements for conversions of rental apartments to condominiums and Chapter XIX (Zoning) addressing affordable housing and density bonus unit calculations, low barrier navigation centers (LBNC) and supportive housing, farmworker housing, and single-room occupancy (SRO) facilities, and finding the amendments to be exempt from additional California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15162 and Section 15061(b)(3)
Staff contact: Brett Walker, Senior Planner, 899-8989
Staff Report - Municipal Code Updates - Housing Element Attachment 1 - Draft Ordinance
Attachment 2 - Planning Commission Resolutions
Presentation
J. GENERAL BUSINESS
There are no agenda items.
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 August 27, 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