NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
August 27, 2024 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:07 p.m., with Mayor Milberg leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Mark Milberg, Mayor Pro Tempore Tim O’Connor, Councilmember Rachel Farac, and Councilmember Susan Wernick COUNCIL ABSENT: Councilmember Pat Eklund
STAFF PRESENT: City Manager Amy Cunningham, Deputy Community Development 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
C.1. Proclamation - Kathy Nickel
Kathy Nickel’s husband Bernie and son Heinz were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
A suggestion was made to move City Council and City Manger reports to the end of the agenda.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Mayor Pro Tem O’Connor, the City Council voted 4-0-1 via roll call to approve the Final Agenda, with Councilmember Eklund absent and reports moved to the end of the agenda.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
ABSENT: EKLUND
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
City Council and City Manager reports were moved to the end of the agenda.
F. PUBLIC COMMENT
1. Laura Van Galen
2. Tom Tieche
3. Mary Ann Pipe
4. Lena Kasdan
5. Imee Harsuvanakit
6. Lesly Higgins
7. Bernie Meyers
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Mayor Pro Tem O’Connor and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call to approve the Consent Calendar with Councilmember Eklund absent.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
ABSENT: EKLUND
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 July 9, 2024 The City Council approved the meeting minutes of 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
The City Council adopted Resolution No. 2024-073.
G.4. Designate Mayor Mark Milberg as the voting representative for the 2024 League of California Cities Annual Conference Business Meeting The City Council designated Mayor Mark Milberg as the voting delegate.
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 The City Council adopted Resolution No. 2024-074.
G.6. Receive and file the Investment Report for Fiscal Year (FY) 2023/24 Quarter 4 The City Council received and filed the 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
The City Council adopted Resolution No. 2024-075.
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) The City Council accepted the work as complete and authorized the City Manager to sign the 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
The City Council adopted Resolution No. 2024-076.
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
The City Council adopted Resolution No. 2024-077.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
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 office, and associated parking and site improvements at 1316-1320 Grant Avenue/1020 Fourth Street (APN 141-261-29)
Community Development Deputy Director Steve Marshall presented the item and responded to Council questions along with representatives from AMG.
The City Council took a brief recess from 7:46 p.m. to 7:56 p.m.
PUBLIC COMMENT:
1. Kevin Jacobs
2. John Medina
3. Jeannie Jarnot
4. Stephanie Koehler
5. Barbara Slack
6. Fran Roberts
7. Maria Castillo
8. Mia Perachiotti
9. Julie Jacobson
10. Sarah Sewall
11. Rich Nave Jr.
12. Dylan Casey
13. Maureen Cook
14. Shannen O’Brien Doherty
15. Jack Marshall
16. Haolynn Lu
17. Lisa Lucchesi
18. Jerry Peters
19. Anna Koper
Concerns were expressed regarding the height, density and parkinf for both projects. It was explained if a project is determined to meet the requirements of Assembly Bill 2011, then cities are mandated by law to approve the project. It was clarified that the approval for the 4th Street & Grant Ave Mixed Use Project was due by August 27, 2024, however the approval for the 1st Street & Grant Ave Mixed Use Project was not due until October 1, 2024.
Questions were raised regarding the 1st Street & Grant Ave project site being listed in a registry of properties impacted by hazardous materials and it being unclear whether the site was sufficiently remediated to be suitable for residential use. The Council ultimately found that there wasn’t enough evidence currently in the record to support all the objective requirements, including the phase one environmental issue for the 1st Street and Grant project. It was generally felt that the Council should move forward with the approval for the 4th Street & Grant Ave Mixed Use Project at this meeting and continue the 1st Street and Grant Ave Mixed Used item to the City Council meeting of September 24, 2024.
COUNCIL ACTION: Upon motion by Councilmember Wernick and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call to adopt the 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 foot ground floor leasing office, and associated parking and site improvements at 1316-1320 Grant Avenue/1020 Fourth Street (APN 141-261-29), with Councilmember Eklund absent.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
ABSENT: EKLUND
Motion carried. The City Council adopted Resolution No. 2024-078.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Wernick, the City Council voted 4-0-1 via roll call to continue the 1st Street & Grant Mixed Use Project to September 24, 2024, with Councilmember Eklund absent.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
ABSENT: EKLUND
Motion carried.
The City Council took a recess between 9:11pm and 9:19 pm.
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)
Senior Planner Brett Walker presented the item.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Farac and seconded by Councilmember O’Connor, the City Council voted 4-0-1 via roll call to introduce the 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), with Councilmember Eklund absent.
AYES: FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
ABSENT: EKLUND
Motion carried. The City Council introduced Ordinance 1718.
J. GENERAL BUSINESS
There were no items for this section
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
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
There were no reports given.
M. ADJOURNMENT
At 9:36 p.m., the City Council adjourned the meeting in memory of Mayor Mark Milberg’s mother on the anniversary of her death.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of September 24, 2024.
/Laura McDowall/
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Laura McDowall, City Clerk