NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
September 27, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:02 p.m., with Boy Scout Troop 186 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, Community and Economic Development Director Vicki Parker, Public Works Director-City Engineer Chris Blunk, City Attorney Jeff Walter and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Fourth of July Parade Committee
Committee members Brent Ainsworth, Jennifer Goldfinger, Kevin Jacobs, Vicki McDill, Kathy Nickel and Sophia Osotio were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, 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. Sophia Osotio
2. Will Meecham
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.
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 closed and open session meeting minutes of July 26, 2022 The City Council approved the closed and open session meeting minutes of July 26, 2022.
G.3. Approve the closed session meeting, closed session special meeting and open session meeting minutes of August 23, 2022
The City Council approved the closed session meeting, closed session special meeting and open session meeting minutes of August 23, 2022.
G.4. Approve the City Council special closed session meeting minutes of September 6, 2022
The City Council approved the closed session special meeting minutes of September 6, 2022.
G.5. Adopt a resolution amending Fiscal Year 2022-23 Budget Resolution 2022- 065 and authorize the City Manager or his designee to take actions necessary to enact modifications to the Capital Improvement Budget The City Council adopted Resolution No. 2022-078.
G.6. Receive and file the Investment Report for Fiscal Year End 2021/22 The City Council received and filed the report.
G.7. Introduce an ordinance repealing and reenacting Appendix A to Section 2-
22.1 of the Novato Municipal Code relating to the Conflict of Interest Code, to add, delete or change specific employee position titles The City Council introduced Ordinance 1692.
G.8. Adopt a resolution authorizing the Mayor to sign and execute an agreement with the County of Marin for disbursement of Marin Parks, Open Space, and Sustainable Agriculture Transactions and Use Tax Ordinance 3760 tax proceeds
The City Council adopted Resolution No. 2022-076.
G.9. Adopt a resolution rescinding and restating Resolution No. 2019-2012 to remove the termination clause for the Novato Streetscape Committee The City Council adopted Resolution 2022-077.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing to evaluate a commercial cannabis business proposal and potentially designate qualified applicant to be awarded a Conditional Certificate (CC) which would allow awardee to meet all requirements to apply for and secure a Commercial Cannabis Business Permit (CCBP) from the City Manager, in compliance with Novato Municipal Code (NMC) Chapter 8, Section 11 and Resolution No. 2019-069
Assistant City Manager Jessica Deakyne gate the presentation and Mia Morris and Jared Morris from Blissful State responded to Council questions.
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 Blissful State operating under Evergreen Supply Co. LLC as a qualified applicant to be awarded a Conditional Certificate.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
J. GENERAL BUSINESS
J.1. Discuss and possibly provide staff with direction to pursue options for development and use of all, or a portion, of City-owned property in Hamilton, (APN: 157-180-19) addressed as 1015 Hamilton Parkway and known as Ammo Hill and surrounds
Community and Economic Development Director Vicki Parker gave the presentation. Director Parker and Novato Fire Protection Chief Bill Tyler responded to Council questions.
PUBLIC COMMENT:
1. Michael Vicarro
2. Stan Levin
3. Marie Hoch
4. Joan Goode
5. Pat
6. Paul Herrerias
It was generally felt that staff should research the feasibility of a solar farm and evaluate the use, issues and potential removal of some of the bunkers at the top of the hill, which would return to Council before any decisions were made.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Mayor Lucan, the City Council voted 5-0 via roll call to provide staff with direction to first set a not to exceed amount of $2,400 in legal fees to have the City Attorney research the deed restrictions that are already in place, to reach out to Marin Clean Energy (MCE) or other entities to research the possibility of a solar farm and to research the feasibility of having the two bunkers at the top of the hill visible from Aberdeen Road removed, which would come back to Council for further adjudication.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
The City Council took a brief recess at 8:21 p.m. and reconvened at 8:31 p.m.
J.2. Review and evaluate the City’s Commissions, Committees and Boards to identify efficiencies and ensure alignment with the City Council’s goals and objectives, including possibly providing direction to staff on items such as implementing residency requirements, adding alternates, and the possibility of changing the Novato Citizen’s Finance/Oversight Committee’s name City Clerk Laura McDowall presented the item, and the Council discussed their commissions, committees, and boards. It was generally felt that the alternate seats currently in place should remain as-is, that the Novato Citizen’s Finance Advisory/Oversight Committee’s name should be changed to the Finance Advisory Commission and that all residency restrictions currently in place should remain with the exception of the Design Review Commission, which should be updated to be the same as the Sustainability Commission requirements that four (4) members shall reside within city limits and one (1) may reside in in the unincorporated area or work in Novato.
PUBLIC COMMENT: None
It was clarified that the Novato Citizen’s Finance Advisory/Oversight Committee and Design Review Commission changes would return to Council at future meetings for official adoption. Council also gave direction to staff to return with a cost estimate for adding a Zoom public participation option for the City’s commissions, committees and board at the next review.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 5-0 via roll call to update the name of the Novato Citizen’s Finance Advisory/Oversight Committee to the Finance Advisory Commission.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
J.3. Receive a progress report on the City Council Strategic Plan 2021-2023 City Manager Adam McGill gave the progress report.
PUBLIC COMMENT: None
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
The City Council adjourned the meeting at 9:24 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of October 25, 2022. /Laura McDowall/
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Laura McDowall, City Clerk