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Minutes

Novato City Council
October 11, 2022

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Minutes
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October 11, 2022
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Novato City Council
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NOVATO CITY COUNCIL

MEETING MINUTES

COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
October 11, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:00 p.m., with Mayor Lucan leading the Pledge of Allegiance.

COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tempore Susan Wernick, Councilmember Pat Eklund, and Councilmember Mark Milberg COUNCIL ABSENT: Councilmember Denise Athas
STAFF PRESENT: City Manager Adam McGill, Director of Public Works-City Engineer Chris Blunk, City Attorney Jeff Walter and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
A closed session item was added to the agenda under Section D. Approval of the Final Agenda. See separate Closed Session Minutes.

C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Voters Choice Act Presentation by the County of Marin Elections Office Lynda Roberts, Marin County Registrar of Voters and Daniel Straub, Marin County Elections Technician II gave the presentation.

C.2. Proclamation: Bully Prevention Month
Multicultural Advisory Commission Chair Sophia Osotio accepted the proclamation.

D. APPROVAL OF THE FINAL AGENDA
It was announced that after the posting of the agenda new information on item J.1 had been received, which was a proposal other than to purchase the subject property, 501 Davidson Street, directly from Frontier. It was suggested that a closed session be added to discuss the matter. City Attorney Walter clarified that a vote of at least three Councilmembers would be needed to add the closed session to the agenda.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Lucan and seconded by Councilmember Milberg, the City Council voted 3-1-1 via roll call that the Council move into Closed Session pursuant to Government Code 54956.8, Conference with Real Property Negotiators. The property was 501 Davidson Street Novato California; the Agency Negotiators were the City Manager Adam McGill, Jeffrey Walter, City Attorney; the Negotiating Parties were Mario Ghilotti and Family, and under negotiation was the price and terms of payment. Councilmember Eklund voted no and Councilmember Athas was absent.

AYES: MILBERG, WERNICK, LUCAN
NOES: EKLUND
ABSENT: ATHAS
Motion carried.

COUNCIL ACTION: Upon motion by Mayor Pro Tem Wernick and seconded by Councilmember Milberg, the City Council voted 4-0-1 via roll call to approve the Final Agenda.

AYES: EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
ABSENT: ATHAS
Motion carried.

E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Councilmember Eklund & Mayor Lucan Proposed Agenda Item: Consider sending a letter to the Metropolitan Transportation Commission (MTC) urging the Commission to accelerate planning and construction of a pilesupported causeway along the current SR 37 alignment and limit interim projects to low-cost, low impact fixes or serve as initial phase of the ultimate project
Mayor Lucan opened the item and Councilmember Eklund gave a brief presentation.

PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 4-0-1 via roll call to bring back a letter on Highway 37 for approval of the Council.

AYES: EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
ABSENT: ATHAS
Motion carried.

E.2. City Council and City Manager Reports
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. Durriya Syed

2. Silke Valentine
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 4-0-1 via roll call to approve the Consent Calendar, with Councilmember Athas absent.

AYES: EKLUND, MILBERG, WERNICK, LUCAN
NOES: ATHAS
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 aloud in their entirety
G.2. Adopt 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 adopted Ordinance No. 1692.

G.3. Adopt a resolution approving a Roadside Memorial Policy to establish procedures for handling memorials placed within City of Novato right-of-way and authorize the City Manager or their designee to implement the policy The City Council adopted Resolution 2022-080.

G.4. Receive the 2021 Annual Progress Report for the 2035 Novato General Plan and authorize staff to submit it to the Governor’s Office of Planning and Research (OPR) for filing
The City Council received the report and authorized staff to submit it for filing.

G.5. Approve the establishment of an Aquatics Division to operate the Hamilton Community Pool under the Parks, Recreation & Community Services (PRCS) Department and:

1. Adopt a resolution amending Fiscal Year 22/23 budget to establish an Aquatics Division operating budget and increase the PRCS department staffing allocation from 16 to 18 to include 1.0 full-time equivalent (FTE) Recreation Supervisor and 1.0 FTE Recreation Coordinator to oversee Aquatic programming at Hamilton Community Pool;

2. Amend the job description for Recreation Supervisor;

3. Amend the job description for Recreation Coordinator;

4. Approve job descriptions for part-time equivalent (PTE) Aquatics classifications including Head Lifeguard, Lifeguard and Swim Instructor; and

5. Approve an updated salary schedule with salary ranges for Head Lifeguard, Lifeguard and Swim Instructor.

The City Council adopted Resolution No. 2022-082, amended the job descriptions for Recreation Supervisor and Recreation Coordinator, approved the job description for Aquatics classifications and approved the updated salary schedule.

G.6. Adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s revised response to the June 6, 2022 Marin County Civil Grand Jury report titled, “Electrifying Marin’s Buildings: a Countywide Approach" The City Council adopted Resolution No. 2022-081.

G.7. Adopt a resolution approving a Commercial Cannabis Conditional Certificate to:

1. Evergreen Supply Co. LLC., doing business as Blissful State, for a non-storefront retail cannabis business located at 30 Pamaron Way, Ste. 205
The City Council adopted Resolution No. 2022-083.

G.8. Consider adopting the City Council meeting schedule for 2023, holding a regular City Council meeting every second and fourth Tuesday with certain exceptions
The City Council adopted the 2023 meeting schedule.

At 6:48 p.m. the City Council adjourned into Closed Session and returned at 7:43 p.m.

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. Consider adopting a resolution authorizing the City Manager to execute the purchase of 501 Davidson Street, APN 153-250-06, -07, -09, -11, for $5,750,000
City Manager Adam McGill presented the item and responded to Council questions.

PUBLIC COMMENT:

1. Tim O’Connor
Concern was expressed about some of the terms of the sale, but it was generally felt that the purchase should be authorized.

COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Wernick, the City Council voted 3-1-1 via roll call to adopt the resolution authorizing the City Manager to execute the purchase of 501 Davidson Street, APN 153-250-06, -07, -09, -11, for $5,750,000, and have staff come back to discuss financing options on December 6, 2022 when they do the 19/20 audit.

AYES: EKLUND, MILBERG, WERNICK
NOES: LUCAN
ABSENT: ATHAS
Motion carried. The City Council adopted Resolution No. 2022-084.

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 8:10 p.m., the City Council adjourned the meeting in memory of Phyllis Metcalf and Angela Lansbury.

I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of November 15, 2022. /Laura McDowall/
___________________
Laura McDowall, City Clerk
City Council

CLOSED SESSION

MEETING MINUTES
Tuesday, October 11, 2022
City Administrative Offices
922 Machin Ave
Novato, CA 94945
A. CALL TO ORDER
The City Council closed session began at 6:48 p.m.

COUNCIL PRESENT: Mayor Eric Lucan, Mayor Pro Tem Susan Wernick, Councilmember Pat Eklund and Councilmember Mark Milberg.

COUNCIL ABSENT: Councilmember Denise Athas
STAFF PRESENT: City Manager Adam McGill, Public Works Director-City Engineer Chris Blunk, and City Attorney Jeff Walter.

B. PUBLIC COMMENT
None
C. CLOSED SESSION ITEM
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code 54956.8)
Property: 501 Davidson Street, Novato CA 94945
APN 153-250-06, -07, -09, -11
Agency
Negotiators: Adam McGill, Jeffrey Walter
Negotiating
Parties: Mario Ghilotti and Family
Under Negotiation: Price and Terms of Payment
There was no action taken.

D. ADJOURNMENT
The City Council adjourned the meeting at 7:43 pm.

Draft minutes prepared and respectfully submitted by:

Laura McDowall, City Clerk

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