NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
April 26, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:03 p.m., with Mayor for the day Eddie leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tempore Susan Wernick, Councilmember Denise Athas, Councilmember Pat Eklund, and Councilmember Mark Milberg
STAFF PRESENT: City Manager Adam McGill, Assistant City Manager Jessica Deakyne, Public Works Director-City Engineer Chris Blunk, Community & Economic Development Director Vicki Parker, Senior Management Analyst Will Morat, City Attorney Jeff Walter and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
A closed session was scheduled upon adjournment of the open session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Presentation Introducing and Recognizing Public Works Department Employees for their service
This item was pulled from the agenda and postponed to a future date.
C.2. Novato Streetscape Committee 2021 Annual Report
Committee Chair Marcia Basalla presented the report.
C.3. Proclamation: Fair Housing Month
Fair Housing Advocates of Northern California Education Director Adriana Ames and Education Coordinator Elina Linna were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to approve the Final Agenda.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
City Manager McGill reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Katie Hughes
2. Dan Maher
3. Paula Neese
4. Steve Glanz
5. Piper Perrault
6. Marielle Sablan
7. Beth Kraft
8. Sophie Fleming
9. Phillip Wyatt
10. Carolyn Lenert
11. Janine Pera
12. Trevor Crowder
13. Vicki Sievers
G. CONSENT CALENDAR
It was announced that action on item G.4 would be taken separately from the rest of the Consent Calendar. Councilmember Milberg had clarifying questions for item G.3, and this item was pulled from the Consent Calendar and discussed separately.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Consent Calendar except for item G.4, which was taken separately, and item G.3 which was pulled from the consent calendar and placed under General Business.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
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 an ordinance in its entirety.
G.2. Approve the City Council open session meeting minutes of March 8, 2022 The City Council approved the meeting minutes of March 8, 2022.
G.3. Adopt an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act This item was pulled from the consent calendar and discussed separately.
G.4. Approve the plans and specifications and authorize bid advertisement for the 2022 Annual Pavement Rehabilitation – Contract 2, CIP Project No.:
22-001
This item was taken separately.
G.5. Receive the Novato Streetscape Committee Work Plan for Fiscal Year 2022-23
The City Council received the workplan.
G.6. Adopt a Resolution of the City Council of the City of Novato Approving the First Amendment to the 2021 Restated and Amended City Attorney Retainer Agreement
The City Council adopted Resolution No. 2022-044.
G.7. Receive a progress report regarding a Military Equipment Use Policy pursuant to California Assembly Bill 481
The City Council received the report.
G.8. Approve a side letter agreement authorizing the update of Section 9.6.2 of the Unit A Memorandum of Understanding (MOU) to provide clarification on service longevity for officers promoting from Unit B to Unit A The City Council approved the side letter agreement.
G.9. Authorize the City Manager to make minor modifications to form and execute a Sanitary Sewer License Agreement and Settlement Agreement for the McPhail’s Commercial Office Development (APNs 153-220-16 & 153-220-19)
The City Council authorized the City Manager to make minor modifications to form fand execute the agreement.
G.10. Approve the revised plans & specifications for the Rowland Boulevard Improvements from Southbound US 101 Ramps to Southern Terminus, Capital Improvement Project No. 21-005; authorize staff to advertise the project for construction bids; and authorize the City Manager to modify and execute a License Agreement for the use of proposed new on-street diagonal parking spaces by JCC California Properties, LLC The City Council approved the revised plans and specifications.
SEPARATE ACTION
G.3. Adopt an ordinance amending sections of Chapter XXI of the Novato Municipal Code related to the Novato Political Fairness Campaign Act This item was pulled from the consent calendar for further clarification regarding the reporting limits for general purpose committees, and Council directed staff to bring the ordinance back at a future meeting to be introduced again changing Section VII; Section 21-14(b)(1) from “one thousand dollars ($1,000)” to “seven hundred fifty dollars ($750)” and changing Section VII; Section 21-14(b)(2) to change “one thousand dollars ($1,000)” to “seven hundred fifty dollars ($750).” COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to make the changes and bring the ordinance back for reintroduction at a future meeting.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
RECUSED: NONE
NOES: NONE
Motion carried.
G.4. Approve the plans and specifications and authorize bid advertisement for the 2022 Annual Pavement Rehabilitation – Contract 2, CIP Project No.:
22-001
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.4 due to the proximity of the project to their workplace. It was further announced that Councilmember Eklund would also be recusing herself from the item due to the proximity of the project to real property that she owned. This led to a lack of a quorum for the item, and it was explained that to achieve legally required participation the City Clerk would place slips of paper with each Councilmember’s name into a receptacle and would draw out the name of the member who would vote on the item.
City Clerk McDowall placed the slips of paper with each member’s name into a bowl and Councilmember Eklund was selected to vote on the item. Mayor Lucan and Councilmember Milberg recused themselves and left the meeting at 7:15 pm and Mayor Pro Tem Wernick became the chair.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 3-0-2 via roll call to approve the plans and specifications and authorize bid advertisement for the 2022 Annual Pavement Rehabilitation – Contract 2, CIP Project No.: 22-001.
AYES: ATHAS, EKLUND, WERNICK
RECUSED: MILBERG, LUCAN
NOES: NONE
Motion carried.
Mayor Lucan and Councilmember Milberg returned at 7:18 pm and Mayor Lucan resumed the role of chair.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Consider establishing a Downtown Parklet Licensing Program by: 1) holding a public hearing to introduce amendments to the Novato Municipal Code adding Section 15-6 to Chapter XV; and 2) considering adoption of a resolution establishing the Downtown Parklet Design Standards Senior Management Analyst Will Morat presented the item and responded to Council question. It was suggested that a provision be added to the ordinance to prohibit the use of paper napkins, paper plates and paper cups in parklets, however it was generally felt that any restriction on paper goods should be included in single-use food ware provisions which would be considered by the City Council at a future date.
It agreed that a requirement should be added to require written property owner approval and the adjacent property owner and business owner approval if the parklet extends in front of that adjacent businesses, to allow more than 7 parking spaces to be used per block, that a condition be added to the design guidelines to ensure that heaters would not damage trees, and to add an annual inspection to the license agreement.
PUBLIC COMMENT:
1. Fred Reece
2. Jeanie Jarnot
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to introduce the ordinance making amendments to the Novato Municipal Code adding Section 15-6 to Chapter XV, with the suggested changes regarding written approval and allowing 7 parking spaces to be used per block.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1684.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to adopt the resolution establishing the Downtown Parklet Design Standards, with the suggested changes regarding damage to trees.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-045.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to add a clause to the license agreement requiring annual or more frequent inspections.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
At 9:13pm the City Council took a brief recess and returned at 9:21pm.
J. GENERAL BUSINESS
J.1. Receive an update on the Community Garden Project at the Lieb Property, Capital Improvement Project #19-010, and provide direction to staff Public Works Director-City Engineer Chris Blunk gave the presentation and discussed potential options for the project.
PUBLIC COMMENT
1. Fred Reece
2. Suzanne Crow
3. David Selzer
Concern was expressed that work on the project would be lost if the CEQA document was not completed, however it was generally felt that direction should be given to cancel the project and not spend money completing the CEQA document.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund the City Council voted 3-2 via roll call to cancel the project and not spend funds on the CEQA document, with Councilmember Milberg and Mayor Lucan voting no.
AYES: ATHAS, EKLUND, WERNICK
NOES: MILBERG, LUCAN
Motion carried.
J.2. Discuss and appoint two Councilmembers to the Police Chief recruitment community panel to take place on Thursday, May 12, 2022 Assistant City Manager Jessica Deakyne gave the presentation, and it was agreed that the Mayor and Mayor Pro Tem should sit on the interview panel.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to have the Mayor and Mayor Pro Tem sit on the Police Chief interview panel.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS K.1. Consider reviewing, discussing, and possibly making appointments to the City Council’s Commissions, Committees and Boards
City Clerk Laura McDowall gave a brief presentation, and the Council made the following appointments to their Commissions, Committees and Boards:
Complete Streets and Pathways
Oversight Committee:
1. Joakim Osthus
2. Meherdad Namiranian
3. Mark Birnbaum
4. Tim Blofeld
5. Nestor Schnasse
6. Mark Vanderscoff
7. Ed Schulze
8. Allison Jolley, Alternate 1
9. Terry Graham, Alternate 2
Design Review Commission: 1. Michael Barber
2. Joseph Farrell
3. Kevin Jacobs
Economic Development Advisory
Commission:
1. Emily Rich
2. Katie Skjerping
3. Anne Russell
4. Coy Smith
Housing, Zoning and Building
Codes Appeals Board:
1. Tom Warton
2. Patrick Rinn
3. Mathew Mitchell, Alternate 2
Multicultural Advisory Commission: 1. Francesca Bitton
2. Charles Schwarze
Novato Citizens Finance Advisory /
Oversight Committee:
1. Larissa Thomas
2. Tim O’Connor
3. Tina McMillan
Novato Streetscape Committee: 1. Marcia Basalla
2. Sherry Temple
3. Nancy Abruzzo
4. Lauren-Paul Kozlenko
5. Joan Cortney
Planning Commission 1. Peter Tiernan
2. Curtis Havel
3. Bill Crockett
4. Justin Derby
Police Advisory and Review Board 1. Francis Drouillard
2. Kenneth Tashian
Recreation, Cultural and Community
Services Advisory Commission
1. Erin Lacey
2. Suzanne Crow
Marin County Commission on
Aging:
1. Pranav Bhanushali
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund the City Council voted 5-0 via roll call to make the appointments.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 11:00pm, the City Council adjourned the meeting in memory of Carol Chan.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of June 14, 2022.
/Laura McDowall/
___________________
Laura McDowall
City Clerk