Novato City Council Meeting - August 27, 2024
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Novato City Council Meeting - August 27, 2024
The Novato City Council met on August 27, 2024, at 6:00 PM. The meeting included a ceremonial proclamation for the late Kathy Nickel, approval of a consent calendar, public hearings on two large mixed-use housing projects under AB 2011, and introduction of an ordinance updating the municipal code to comply with state housing laws. The council approved the Fourth & Grant project (209 units) with conditions, continued the First & Grant project (170 units) to a later date due to environmental concerns, and adopted the code amendments.
Consent Calendar
- G.1: Waived reading of ordinances by title only.
- G.2: Approved the City Council meeting minutes of July 9, 2024.
- G.3: Authorized an amendment to a consultant service agreement with Underwood and Rosenblum Inc. for $341,557.15 (total contract $776,695.15) for environmental clearance and PS&E.
- G.4: Designated Mayor Mark Milberg as voting representative for the 2024 League of California Cities Annual Conference.
- G.5: Adopted a resolution adding the City of Novato Annex to the 2023 Marin County Multijurisdictional Local Hazard Mitigation Plan.
- G.6: Received and filed the Investment Report for FY 2023/24 Quarter 4.
- G.7: Authorized an amendment to the Professional Services Agreement with Krisch & Company to extend through June 30, 2025.
- G.8: Accepted completion of the Center Road Sidewalk Gap Closure project and authorized the Notice of Completion.
- G.9: Adopted a resolution incorporating a Workplace Violence Prevention Plan into the City's Illness & Injury Prevention Policy.
- G.10: Adopted a resolution approving the City's response to the Marin County Civil Grand Jury Report on Sea Level Rise.
Public Comments & Testimony
- Hamilton Theater Restoration: Several residents (Laura Van Galen, Tom Teich, Mary Ann Pipe, Lena Kazdan) spoke in favor of restoring the historic Hamilton Theater as a performing arts center. They requested the city open a leasing agreement with the Hamilton Arts Foundation, citing the building's historical significance and community need.
- AB 413 Daylighting: Amy Harsavonicett and Leslie Higgins urged the council to implement California's Daylighting Law (AB 413) immediately, painting curbs 20 feet from crosswalks to improve pedestrian and cyclist safety, especially near schools.
- Property Tax Flyers: Bernie Myers criticized a city mailer that he said misleadingly implied Novato receives only 7% of property taxes, arguing that when combined with fire district and other shares, Novato is near the top among Marin cities.
- Public Hearing on 1st & Grant and 4th & Grant Projects: Over 20 speakers provided comments. Many local residents, business owners (Jeannie Jarnot, Stephanie Kohler, Barbara Slack, Fran Roberts, Mia Pericordi, Julie Jacobson, etc.) and the Novato Chamber of Commerce expressed strong opposition due to excessive height (6 stories), insufficient parking (24 and 42 spaces respectively), lack of family-sized units, and negative impacts on downtown charm, traffic, and emergency access. Several urged AMG to reduce density and provide more parking. Supporters, including John Medina (union representative) and Dylan Casey (California Housing Defense Fund), argued the projects provide necessary workforce housing, union jobs, and help meet state housing goals.
- No public comments were received for the municipal code amendments (Item I.2).
Discussion Items
- 1st & Grant and 4th & Grant Projects (AB 2011 Objective Design Review): Staff presented both projects. The 1st & Grant site at 1107 Grant Avenue (0.98 acres) would have 170 studio/one-bedroom apartments, 8,010 sq ft retail, and 24 parking spaces. The 4th & Grant site at 1316-1320 Grant Avenue (1.07 acres) would have 209 apartments, 5,335 sq ft retail, and 42 parking spaces. Both are proposed at 78 feet (6 stories). Combined, they would provide 38 very low-income units (50% AMI), 38 low-income units (60% AMI), and 279 units at 80% AMI, with a 55-year affordability term. The projects are 100% affordable and located within a half-mile of the SMART station, thus qualifying for unlimited density and parking waivers under AB 2011 and density bonus law. Staff recommended approval but with conditions including reducing building height to 68 feet (based on staff's interpretation that the base height is 35 feet plus a 33-foot density bonus, not the 45 feet claimed by the applicant). Staff also identified a potential soil contamination issue at the 1st & Grant site (former leaking underground tank) requiring further documentation.
- Council Discussion: Councilmembers expressed frustration with state laws limiting local control. They debated the height interpretation, with a majority (Mayor Milberg, Mayor Pro Tem O'Connor, Councilmembers Farac and Wernick) supporting staff's 68-foot limit. Concerns included parking impact on neighborhoods, lack of two/three-bedroom units for families, fire district ladder truck limitations, construction disruption, and the need for a construction management plan. Councilmember Farac asked about parking allocation (first-come, first-served) and rental rates ($1,526 to $3,600/month depending on AMI). Councilmember O'Connor raised the environmental issue at 1st & Grant, preferring resolution before approval. The developer AMG indicated willingness to negotiate on height and parking and is exploring off-site parking options.
- Municipal Code Amendments (Item I.2): Staff presented an ordinance updating Chapter V (Development Standards) and Chapter XIX (Zoning) to implement Housing Element programs. Changes include increasing the rental vacancy rate for condominium conversions from 4.5% to 5%, adding tenant right-to-purchase, permitting low barrier navigation centers (LBNCs) as a conditional use in certain zones, permitting supportive housing as a permitted use in multiple zones, updating farmworker housing definitions to comply with state law, and adding single-room occupancy (SRO) facility regulations (units 150-400 sq ft, shared kitchens/bathrooms if not in-unit, on-site manager for 10+ units). The amendments are exempt from further CEQA review. Councilmember Wernick asked about the likelihood of agricultural worker housing in open space zones; staff noted most such land is publicly owned. No public comments were received.
Key Outcomes
- Fourth & Grant Project: Approved 4-0-1 (Councilmember Eklund absent) with the resolution including conditions: building height reduced to 68 feet, compliance with phase one environmental requirements, and other minor objective standard conditions. The motion was made by Councilmember Farac and seconded by Councilmember Wernick.
- First & Grant Project: Continued to the September 24, 2024 city council meeting to allow time for the developer to provide evidence that the site has been remediated to residential standards. The continuance was approved 4-0-1.
- Municipal Code Amendments: Introduced and approved 4-0-1 via a motion by Councilmember Wernick, seconded by Councilmember O'Connor. The ordinance will be brought back for second reading at a future meeting.
- Consent Calendar: Approved 4-0-1.
- Proclamation: A proclamation honoring the late Kathy Nickel was presented to her family.
- Adjournment: The mayor adjourned the meeting in memory of his mother.
Meeting Transcript
Thank you. Lori, would you please do the roll call? Councilmember Eklund is absent. Councilmember Farak. Present Councilmember Wernick. Present. Mayor Pro Tem O'Connor. Present. And Mayor Milberg. Present. Thank you. So we did meet in closed session. And I'm gonna turn to our city attorney and ask if there's anything you'd like to report out, please. Yeah, thank you, Mayor and Council members. Nothing to report from closed session. Thank you very much. So tonight we have one wonderful ceremonial matter, proclamation. I'm gonna ask my council members to please join me up front. We're here to um do a proclamation for Kathy Nickel, and we'd like to have Kathy's husband Bernie and her son Heinz to please come up and accept her proclamation. I'll go ahead and read it. We can call you Bernard if that's what I think. Thank you. This is a proclamation recognizing Kathy Nickel. Whereas Kathy Nickel was a beloved member of our community since she and her family moved to Novato in 1976, where she was an active volunteer, first through her children's activities, and later in the broader Novato community, where she built her reputation as an inspirational leader. And whereas Kathy led the Novato Fourth of July Parade Committee for many years to preserve and highlight Novato's heritage. And whereas Kathy is an active member of the downtown Novato tree lighting committee, sought out talented individuals and groups for the on stage entertainment and inspired youth by her example to become dedicated volunteers. And whereas Kathy was a Novato Chamber of Commerce leadership program graduate, volunteered as a Novato Chamber of Commerce ambassador, and was a volunteer coordinator for the Art and Wine Festival. And whereas to recognize her extending outstanding contributions to volunteerism in our community, Kathy was named the Novato Citizen of the Year for 19 from sorry for 2014. And whereas the quality of Kathy's contributions was remarkable for never-ending dedication, enthusiasm, sincerity, and the ability to work cooperatively with a great variety of personalities. She's so loved and extends our heartfelt condolences to her family and friends. Thank you. Bernie's gonna say a few words, and Heinz, if you'd like to feel free, and then when you're done, we're gonna have you take a picture on the Novato Proud underneath the Novato Proud sign. So welcome. Thank you. She was a dynamo. She was so she was smart, so dedicated. Not because she had to, because she wanted to. She had such a gift to work with people. Who were all doing things that uh I don't know? So I'm sure because I was an insurance business and selling, you know, and so forth. So from that point of view, uh, you know, that's all I can say. She was just always looking for somebody else, always uh looking for the best in that way. I just want to yeah, thank all of you for being here and yeah, really appreciate it. Yeah, she was an amazing woman, amazing mother, and yeah, always just absolutely love Novato. And yeah, just her. She always was looking for kids to join the parade, and I mean, just always year round. So thank you very much. Thank you all. Susan wants to say Councilmember Wardick would like to add a few words. We may have some.
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