NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
July 26, 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 Lucan 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, City Attorney Jeff Walter and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
City Attorney Walter announced that the City Council had met in Closed Session prior to the open session and unanimously approved a settlement agreement settling the Marin County Homeless Union, et al. v. City of Novato, et al. lawsuit.
City Attorney Walter reported that the salient terms of the settlement agreement included:
1. Retaining the temporary camp at Lee Gerner Park for a period of 2 years.
2. Establishing rules of operation of the camp, procedures for admitting new campers, and requiring the campers to adhere to a code of conduct.
3. In a number of instances, the Homeless Union is to be consulted in the decisions the City makes regarding the temporary camp, but if there is a dispute, the Housing and Homeless Committee is to assist in resolving the dispute, but in the final analysis, the City Manager has final decisionmaking authority.
4. The agreement requires the City to establish a Housing and Homeless Committee to advise the City Council on matters determined by the City Council and to play a mediative role in the implementation of the settlement agreement.
5. The City Council agrees to consider amending Ordinance No. 1669 as requested by the Homeless Union. If the Council amends Ordinance No. 1669 as requested by the Homeless Union, the lawsuit shall be dismissed, and the settlement agreement will become effective.
6. Within 30 days after dismissal of the lawsuit, the City will pay the Homeless Union’s attorney $35,000.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Recognize 4th of July Parade Winner
4th of July Parade winner Andy Podshadley from Trek Winery accepted the Parade Winner Trophy.
D. APPROVAL OF THE FINAL AGENDA
Prior to approval of the Final Agenda, City Attorney Walter announced that item G.4 would be removed from the agenda and would return at a future meeting.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Council Milberg, the City Council voted 5-0 via roll call to approve the Final Agenda with item G.4 removed.
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. Vaishali Jogi
2. Matt
3. Ceci Osbourne
4. Kevin Morrison
5. David Moller
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Mayor Pro Tem Wernick, the City Council voted 5-0 via roll call to approve the Consent Calendar, with item G.4 removed.
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 ordinances aloud in their entirety.
G.2. Approve the City Council closed session special meeting minutes of May 25, 2022
The City Council approved the closed session special meeting minutes of May 25, 2022.
G.3. Approve the City Council special meeting minutes of June 6, 2022 The City Council approved the special meeting minutes of June 6, 2022.
G.4. Adopt Ordinance 1690 amending Novato Municipal Code Chapter VII, Section 7-13 to ban the use of gas-powered leaf blowers, restrict the hours of use for electrically-powered leaf blowers, and find the amendments exempt from the requirements of the California Environmental Quality Act pursuant to guidelines section 15061(b)(3)
This item was removed from the agenda.
G.5. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for months of April, May and June 2022
The City Council received and filed the reports.
G.6. Adopt a resolution electing to be exempt from the Marin County Congestion Management Program (“CMP”) in accordance with California Government Code Section 65088.3 and as recommended by the Transportation Authority of Marin (“TAM”)
The City Council adopted Resolution No. 2022-066.
G.7. Receive and file the Investment Report for Fiscal Year End 2020/21 The City Council received and filed the report.
G.8. Approve a side letter to allow School Resource Officers to work a 4/10 work schedule
The City Council approved the side letter.
G.9. Approve a side letter to allow the City Manager or designee the authority to approve a year-round 4/10 work schedule for Maintenance Workers The City Council approved the side letter.
G.10. Approve a professional services agreement with Burke, Williams & Sorensen, LLP for an amount not to exceed $100,000 for a Labor Negotiator for collective bargaining
The City Council approved the professional services agreement.
G.11. Adopt a resolution calling and giving notice of by-district elections for City Councilmember Districts 2, 4 and 5 in the General Municipal Election to be held on November 8, 2022, requesting the Marin County Board of Supervisors to consolidate the election with any other election and requesting election services by the Marin County Elections Department The City Council adopted Resolution No. 2022-067.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
There were no items for this section
J. GENERAL BUSINESS
J.1. 1) Reorganize some functions in Central Administration, Community/Economic Development Departments, and re-establish the Administrative Services Department;
2) Amend the job description for Assistant City Manager; 3) Adopt a job description for Administrative Services Director; 4) Adopt a job description for Deputy Administrative Services Director; 5) Adopt salaries related to Administrative Services Director and the Deputy Director classifications;
6) Amend salaries more than 10% under the labor market median and cap adjustments at 10%;
7) Adopt the updated salary schedule for Fiscal Year 2022-23; 8) Adopt Budget Amendment
City Manager McGill presented the item.
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 reorganize some functions in Central Administration, Community/Economic Development Departments, and re-establish the Administrative Services Department; amend the job description for Assistant City Manager; adopt a job description for Administrative Services Director; adopt a job description for Deputy Administrative Services Director; adopt salaries related to Administrative Services Director and the Deputy Director classifications; amend salaries more than 10% under the labor market median and cap adjustments at 10%; adopt the updated salary schedule for Fiscal Year 2022-23; and, adopt the budget amendment.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-068.
J.2. Review, discuss and provide feedback on the Tentative Agenda Item list and To Be Determined Agenda Item List for the third quarter of 2022 City Clerk Laura McDowall presented the item and the City Council discussed upcoming agenda items.
PUBLIC COMMENT: None
J.3. Consider designating a voting representative and up to two alternate voting representatives for the League of California Cities Annual Conference Business Meeting
Councilmember Milberg was nominated as the voting representative for the League of California Cities Annual Conference.
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 designate Councilmember Milberg as the voting representative for the League of California Cities Annual Conference.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
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 7:30 pm, the City Council adjourned the meeting in memory of Paul Mamalakis and Brenda Weidner.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of September 27, 2022. /Laura McDowall/
___________________
Laura McDowall
City Clerk