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City Council
Agenda
*AMENDED*
Tuesday, March 11, 2025 - 6:00 PM
901 SHERMAN AVENUE
NOVATO, CA 94945
and
TELECONFERENCE
Mayor
Tim O’Connor
Mayor Pro Tempore
Rachel Farac
Councilmembers
Pat Eklund
Kevin Jacobs
Mark Milberg
City Manager
Amy Cunningham
City Attorney
Gary Bell
*This agenda has been amended to add Zoom participation information City Council meeting are usually held each month on the second and fourth Tuesdays at 6:00 p.m.
Pursuant to the provisions of AB 2449, this meeting will be held both in-person and by teleconference.
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/Comment Instructions
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Members of the Public may participate and provide public comments to teleconference meetings as follows:
• In-person public comments may be made at the meeting which will be held at the address above. • 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. • Spoken public comments will be accepted through the Zoom meeting platform and via telephone.
To address the Council orally, please read and follow the following instructions carefully:
1. Join the meeting at: https://bit.ly/41JVri2
or
Join at Zoom.com
Meeting ID: 872 1925 2661
Password: 1960
Should the links above not work, please go to www.novato.org/agendas for updated information a. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you when it is your turn to speak. b. When the Mayor calls for public comment on the item on which you wish to speak, please use the “Raise Hand” feature by clicking on the hand icon at the bottom of your screen to notify the Host that you would like to speak.
c. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. d. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
2. Join the meeting via telephone by calling (646) 558- 8656.
Meeting ID: 872 1925 2661
Password: 1960
a. When the Mayor calls for public comment on the item on which you wish to speak, press *9 to activate the “Raise Hand” feature to notify the Host that you would like to speak. b. The Host will unmute speakers in turn. Speakers will be notified when it is their turn to speak. c. When called upon, please limit your remarks to the time limit allotted by the Mayor or as specified on the agenda. Speakers will be muted when their time is up.
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
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A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Citizen of the Year and Sprit of Novato Proclamations 2024 Citizen of the Year
2024 Spirit of Novato
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.
G.2. Approve the closed and open session meeting minutes of February 25, 2025 Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - February 25, 2025
G.3. Adopt ordinance 1722 approving a master plan for the Nativity of Christ Greek Orthodox Church located on an approximately 5-acre site at 1110 Highland Drive, APNs 160-150-03 and 160-920-24
Staff contact: Theresa Brown, Assistant City Clerk, 899-8900 Page | 4 Phone No. (415) 899-8900
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Staff Report - Ordinance 1722 Adoption
Attachment 1 - Ordinance 1722
G.4. Receive and file the 2024 Annual Progress Report of the Novato Housing Element and adopt a resolution directing staff to file the Report with the State Department of Housing and Community Development (HCD) and the Governor’s Office of Land Use and Climate Innovation (CLI) Staff contact: Brett Walker, Senior Planner, 899-8900
Staff Report - Annual Housing Element Progress Report
Attachment 1 - Draft Resolution
G.5. Adopt a resolution authorizing the City Manager to execute an Amendment to an Exclusive Negotiation Agreement (ENA) by and between the City of Novato and The Sherman Group for City-Owned Properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15) Staff contact: Clare Hartman, Community Development Director, 899-8900 Staff Report - The Sherman Group ENA
Attachment 1 - Draft Resolution
Attachment 2 - Draft Amendment to Executed ENA
Attachment 3 - Executed ENA
Attachment 4 - Request for Time Extension
G.6. Adopt a resolution directing the City Manager to transfer permanently unclaimed funds related to deposits in trust to be retained in the amount of $213,647 to the City’s General Fund
Staff contact: Jose Morales, Deputy Finance Director, 899-8900 Staff Report - Unclaimed Funds
Attachment 1 - Draft Resolution
Attachment 2 - List of Deposits
G.7. Receive and file the Quarter 2 Fiscal Year 2024/25 Budget Performance Report
Staff contact: Jennifer Maldonado, Principal Analyst, 899-8900 Staff Report - Quarter 2 FY 2024-25 Budget Report
Attachment 1 - Budget Performance Report
G.8. Adopt a resolution approving updated, competitive pay ranges for the vacant Director of Public Works, Deputy Director of Public Works, and Chief Building Official classifications
Staff contact: Eva Hilliard, Chief People Officer, 899-8900 Staff Report - Updated Pay Ranges PWD, DPWD, CBO
Attachment 1 - Draft Resolution
Attachment 2 - Draft Salary Schedule
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. Hold a public hearing and consider introducing an ordinance amending Chapter XIX (Zoning) of the Novato Municipal Code regarding emergency shelters, community care facilities, residential care facilities for the elderly, and alcoholism or drug abuse recovery or treatment 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, 899-8900
Staff Report - Zoning Ordinance Updates
Attachment 1 - Draft Ordinance
Attachment 2 - Planning Commission Resolution 2025-001
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. Consider and possibly take action to adopt a resolution approving a request from Habitat for Humanity Greater San Francisco (HGSF) to provide grant funding not to exceed a total of $1,000,000, with $800,000 from the City’s Affordable Housing Fund (210) and $200,000 transferred from the General Fund (101) to the Affordable Housing Fund (210), to be used for payment of processing fees required for an 80-unit, affordable residential project, subject to execution of regulatory agreements ensuring affordability levels as required in the project entitlements and authorizing the City Manager to enter into any funding agreements relating thereto
Staff contact: Clare Hartman, Community Development Director, 899-8900 Staff Report - Habitat for Humanity Fee Waiver Request
Attachment 1 - Fee Reduction and Waiver Request
Attachment 2 - Draft Resolution
Presentation
J.2. Consider providing direction to staff regarding “motions to reconsider” and whether to amend the Council Policy Manual or use existing procedures to suspend the rules
Staff contact: Gary Bell, City Attorney
Staff Report - Motion to Reconsider
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS Page | 6 Phone No. (415) 899-8900
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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
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.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of March 11, 2025, 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