City Council
CLOSED SESSION MEETING MINUTES
Tuesday, July 26, 2022
4:30 PM
Baget Conference Room
City Administrative Offices
922 Machin Ave
Novato, CA 94945
A. CALL TO ORDER
The City Council closed session began at 4:33 p.m.
COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tem Susan Wernick, Councilmember Denise Athas, Councilmember Pat Eklund and Councilmember Mark Milberg.
STAFF PRESENT: City Manager Adam McGill, City Attorney Jeff Walter, Assistant City Attorney Carmen Brock and Assistant City Attorney Lili Wycoff.
B. PUBLIC COMMENT
None
C. CLOSED SESSION ITEM
C.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Marin County Homeless Union, et al. v. City of Novato, et al.
Case No.: United States District Court for the Northern District of California, Case No. 4:21-cv-05401-YGR
The City Council unanimously approved a settlement agreement settling the Marin County Homeless Union, et al. v. City of Novato, et al. lawsuit. 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 decision-making 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.
D. ADJOURNMENT
The City Council adjourned the meeting at 5:35 pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of September 27, 2022. /Laura McDowall/
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Laura McDowall
City Clerk