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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, October 22, 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.
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 - Coy Smith
Proclamation
C.2 Proclamation - Pini Hardware 2nd Location
Proclamation
C.3 Proclamation - Rotary of Ignacio Youth Financial Assistance Program Donation
Proclamation
C.4 Proclamation - Bullying Prevention Month
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.
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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 closed and opens session City Council meeting minutes of September 24, 2024
Staff Contact: Laura McDowall, City Clerk, 899-8986
Minutes - September 24, 2024
G.3. Adopt a resolution approving and authorizing the City Manager to execute an amendment to that certain ground lease agreement with Vero West 103 LLC for the lease of a portion of the City property located at 501 Davidson Street
Staff Contact: Amy Cunningham, City Manager, 899-8900
Staff Report - Vero West Lease Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Ground Lease Agreement
Attachment 3 - Ground Lease Amendment
G.4. Adopt a resolution approving an updated Policy Manual for the Novato City Council and rescinding prior policies
Staff Contact: Gary Bell, City Attorney, 899-8900
Staff Report - Updated City Council Policy Manual
Attachment 1 - Draft Resolution
Attachment 2 - City Council Policy Manual - Redline
Attachment 3 - City Council Policy Manual - Clean Copy
G.5. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2023 and 2024 Annual Pavement Rehabilitation – Contract 2, Capital Improvement Program (CIP) Project Numbers.: 23-001 & 24-001
Staff Contact: Gosia Woodfin, Associate Engineer, 899-8900 Staff Report - Annual Pavement Rehab Contract 2 NOC
Attachment 1 - Notice of Completion
Attachment 2 - Location Map
Attachment 3 - Street List
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G.6. Adopt a resolution approving the plans and specifications and authorizing bid advertisement for the replacement of the play area at Josef Hoog Community Park, as part of the Hoog Park Playground and Accessibility Enhancements Project, CIP #17-004, and finding that the Hoog Park Playground project is exempt from the requirements of the California Environmental Protection Agency (CEQA)
Staff Contact: Elisa Sarlatte, Senior Civil Engineer, 899-8900 Staff Report - Hoog Park Plans and Specs
Attachment 1 - Draft Resolution
Attachment 2 - Project Plans and Specifications
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. Landing Court Apartment (P2023-055)
AB 2011 Objective Design Review & Density Bonus
Conduct a public hearing and consider adopting a resolution approving the Landing Court Apartments Project, including 302 Multi-Family Dwellings and associated site improvements on a 2.11 acre parcel located on the northerly side of Landing Court (APN 153-162-70) pursuant to California Assembly Bill 2011, including a density bonus and concessions to development standards Staff Contact: Brett Walker, Senior Planner, 899-8900
Staff Report - Landing Court Apartments
Attachment 1 - Draft Resolution
Attachment 2 - Preliminary Eligibility & Objective Standards Response Attachment 3 - Density Bonus Memorandum, AMG & Associates 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 an update on the City’s fiscal sustainability planning efforts and discuss funding priorities
Staff Contact: Amy Cunningham, City Manager, 899-8900
Staff Report - Fiscal Sustainability & Funding Priorities Attachment 1 - 2023-2025 Strategic Plan
Attachment 2 - July 23, 2024 Staff Report
Attachment 3 - Fiscal Sustainability Resources and Report Attachment 4 - Measure M FAQs
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J.2. Begin the annual assessment process for the Downtown Novato Business Improvement District (BID) in partnership with the Downtown Novato Business Association (DNBA) by:
1. Receiving a presentation by the DNBA/BID Advisory Board of its 2024 DNBA Annual Report and 2025 Proposed BID Budget; and
2. Reviewing, including making any changes if desired, and approving the 2024 DNBA Annual Report and 2025 Proposed BID Budget to begin January 1, 2025; and
3. Adopting a resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District for calendar year 2025 and setting a public hearing for November 19, 2024
Staff Contact: Jessica Deakyne, Assistant City Manager, 899-8900 Staff Report - DNBA Annual Report & DBID Assessment
Attachment 1 - Draft Resolution
Attachment 2 - DNBA/DBID Annual Report Mailer
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.
K.1. Consider reviewing, discussing, and possibly making 5 appointments to the Complete Streets and Pathways Oversight Committee, 5 appointments to the Economic Development Advisory Commission, 3 appointments to the Finance Advisory Commission, 2 appointments to the Housing, Zoning and Building Code Appeals Board, 1 appointment to the Marin/Sonoma Vector Control District, 1 appointment to the Multicultural Advisory Commission, and 3 appointments to the Sustainability Commission
Staff Contact: Laura McDowall, City Clerk, 899-8986
Staff Report - CCB Appointments
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 October 22, 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