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Minutes

Novato City Council
June 28, 2022

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Minutes
Meeting
June 28, 2022
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Novato City Council
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Text extracted from the city's file for reading and search. Open the original on novato.granicus.com. That file is the official record.

JOINT CITY COUNCIL / CITY COUNCIL AS SUCCESSOR

AGENCY TO DISSOLVED REDEVELOPMENT AGENCY /

NOVATO PUBLIC FINANCE AUTHORITY

MEETING MINUTES

COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
June 28, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:01 p.m., with Mayor for a day Sienna 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, Community and Economic Development Director Vicki Parker, Finance Director Amy Cunningham, Deputy Director of Parks, Recreation and Community Services Katie Gauntlett, City Attorney Jeff Walter and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.

C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Marin Wildfire Prevention Authority wildfire prevention and mitigation effort update by Novato Fire Protection District Chief Bill Tyler Novato Fire Protection District Chief Bill Tyler gave the presentation.

C.2. Proclamation: Parks and Recreation Month
Deputy Director of Parks, Recreation and Community Services Director Katie Gauntlett and Recreation, Cultural and Community Services Commission member Betsy Ricketts and Erika Ericson accepted the proclamations.

C.3. Proclamation: Eagle Scout Recognition
The Eagle Scouts were present to accept the recognition.

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.

J. GENERAL BUSINESS (this item was taken out of order)
J.1. Receive a presentation from CalTrans on State Route 37 Diana El-Tawansy, Ricky Gao and Ron Moriguchi from CalTrans joined the meeting remotely via Zoom and gave the presentation.

PUBLIC COMMENT: None
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. Paula Neese

2. Steve Glanz
G. CONSENT CALENDAR
It was announced that item G.3 would be taken 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, with item G.3 taken separately.

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 standard procedural action so that the City Council did not have to read ordinances in their entirety
G.2. Adopt a resolution establishing the appropriations limit for Fiscal Year 2022/23
The City Council adopted Resolution 2022-063.

G.3. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2022 Annual Pavement Rehabilitation – Contract 1 Project, CIP No. 22-001
This item was taken separately.

G.4. Adopt a resolution amending Fiscal Year 2021-22 Budget Resolution 2021- 054 and authorize the City Manager to take actions necessary to enact the budget modifications
The City Council adopted Resolution 2022-064.

SEPARATE ACTION
G.3. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2022 Annual Pavement Rehabilitation – Contract 1 Project, CIP No. 22-001
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.3 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.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Eklund, the City Council voted 3-0-2 via roll call to accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2022 Annual Pavement Rehabilitation – Contract 1 Project, CIP No. 22-001, with Councilmember Milberg and Mayor Lucan recused.

AYES: ATHAS, EKLUND, WERNICK
RECUSED: MILBERG, LUCAN
NOES: NONE
Motion carried
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.

I. PUBLIC HEARINGS
I.1. Conduct a public hearing and consider introducing an ordinance repealing Ordinance #1150 (codified as Novato Municipal Code section 4-8, Residential Resale Reports) in its entirety, thereby eliminating the Residential Resale Program, and find such actions exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
Community and Economic Development Director Vicki Parker gave the presentation and responded to Council questions.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to introduce the ordinance repealing Ordinance #1150 (codified as Novato Municipal Code section 4-8, Residential Resale Reports) in its entirety, thereby eliminating the Residential Resale Program, and finding such actions exempt from the requirements of the California Environmental Quality Act (CEQA ) pursuant to CEQA Guidelines section 15061(b)(3) AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1689.

I.2. Conduct a public hearing and consider adopting, with at least 4/5 vote, an urgency ordinance enacting a temporary moratorium through September 30, 2022, on evictions of tenants residing in residential rental units in Novato and setting forth the facts constituting such urgency
City Manager Adam McGill presented the item. Mayor Lucan and Councilmember Eklund announced that they would need recuse themselves from this item because they owned rental property and left the dais at 7:41pm and Mayor Pro Tem Wernick became chair.

City Attorney Walter explained that there was a typographical error in Section 5 (1)(e), and that this section should reference subsection 4(ii) and not 5(1)(a). It was suggested that the word ‘picture’ on page six of the ordinance be updated to say ‘photograph’.

PUBLIC COMMENT:

1. Cheryl Paddock

2. Laura Giacomini

3. Jason Sarris

4. Lucie Hollingsworth

5. Rhovy Lyn Antonio

6. Joshua Howard

7. Dana David

8. Liliana Palu
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 3-0-2 to adopt the ordinance enacting a temporary moratorium through September 30, 2022, on evictions of tenants residing in residential rental units in Novato and setting forth the facts constituting such urgency ordinance including the changes, with Councilmember Eklund and Mayor Lucan recused.

AYES: ATHAS, MILBERG, WERNICK
NOES: NONE
RECUSED: EKLUND, LUCAN
Motion carried. The City Council introduced Ordinance 1689.

Mayor Lucan and Councilmember Eklund returned to the dais at 8:11pm and Mayor Lucan resumed the role as chair. At 8:12pm the City Council took a brief recess and returned at 8:40pm.

J. GENERAL BUSINESS

JOINT CITY COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY/NOVATO PUBLIC FINANCE AUTHORITY – ITEM J.2 ONLY

J.2. Consider approving a resolution adopting the final City of Novato Operating and Capital Improvement Program Budgets and approving a resolution adopting the final budget of the Novato Public Finance Authority as part of the FY 2022/23 City budget
Finance Director Amy Cunningham presented the item and responded to Council questions.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to adopt the resolution adopting the city of Novato Operating and Capital Improvement budgets for Fiscal Year July 1, 2022 through June 30, 2023, providing for the appropriation of expenditures in said budgets, and repealing all resolutions in concert herewith.

AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-065 COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to adopt the resolution of the Novato Public Finance Authority adopting the final budget for the Novato Public Finance Authority of the City of Novato for Fiscal Year July 1, 2022 through June 30, 2023 providing for the appropriation of expenditures of all sums listed and repealing all resolutions in concert herewith
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The Council adopted Resolution No. NPFA 2022-01.

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
M. ADJOURNMENT
At 9:03pm, the City Council adjourned the meeting in memory of Mary Margaret Moore.

I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of September 13, 2022. /Laura McDowall/
___________________
Laura McDowall
City Clerk

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