Joint City Council /
Novato Public Finance Authority
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
October 25, 2022 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:04 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, Assistant City Manager Jessica Deakyne, Principal Analyst Sullina Sanchez, Sustainability Coordinator II Gretchen Schubeck, 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: Small Business Saturday
Downtown Novato Business Association President Stephanie Koehler, Marin Small Business Development Center Director Miriam Hope Karell and Novato Chamber of Commerce Board President Coree Cameron were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
It was announced that item G.9 would be removed from the agenda and would return at a future meeting.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Final Agenda with item G.9 removed from the 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. Kim Stahley
2. Lauren Long
3. David Wilner
4. Toni Shroyer
5. Mark Dorian
6. David Moller
7. Stacey
G. CONSENT CALENDAR
It was announced that Mayor Lucan and Councilmember Milberg would be recusing themselves from item G.5 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.
Councilmember Athas announced she would be abstaining from item G.2 because she wasn’t present at the meeting and item G.9 was removed to return at a future date.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Athas, the City Council voted 5-0 via roll call to approve the Consent Calendar, with item G.9 removed, Councilmember Athas abstaining from item G.2 and Mayor Lucan and Councilmember Milberg recused from item G.5.
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 meeting minutes of September 13, 2022 The City Council approved the meeting minutes of September 13, 2022.
G.3. Approve the City Council meeting minutes of September 27, 2022 The City Council approved the minutes of September 27, 2022.
G.4. Adopt a resolution rescinding and restating Resolution 07-11 and Resolution 2016-078 to change the name of the Novato Citizen’s Finance Advisory/Oversight Committee to the Finance Advisory Commission The City Council adopted Resolution No. 2022-079.
G.5. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the 2022 Annual Pavement Rehabilitation – Contract 2 Project, CIP No. 22-001
The City Council accepted the work as complete and authorized the City Manager to sign the Notice of Completion.
G.6. Receive and file Quarter 1 budget report for Fiscal Year 2022/2023 The City Council received and filed the report.
G.7. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for months of July, August, and September 2022
The City Council received and filed the report.
G.8. Adopt a resolution amending Fiscal Year 2022-23 Budget Resolution 2022- 065 to add $74,083.85 of unallocated Gas Tax (Highway User Tax Account) revenue to the Rowland Boulevard Improvements from Southbound US 101 Ramps to Southern Terminus Project, CIP 22-005, to fund additional pavement repairs.
The City Council adopted Resolution No. 2022-085.
G.9. Adopt a resolution authorizing the City Manager to execute a utility easement grant deed and agreements with Pacific Gas and Electric (PG&E) for the purpose of installing, operating, and maintaining underground utility infrastructure on City-owned property located at the southwest corner of Palm Drive and Hangar Avenue (APN 157-740-68)
This item was removed from the agenda to return at a future meeting.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing and consider introducing an ordinance amending Novato Municipal Code Chapter XIX (Zoning) to prohibit the construction of new gas stations and the expansion of existing gas stations and find the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308
Sustainability Coordinator II Gretchen Schubeck presented the item.
PUBLIC COMMENT:
1. Silke Valentine
2. Woody Hasting
3. Julia Janeway
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 amending Novato Municipal Code Chapter XIX (Zoning) to prohibit the construction of new gas stations and the expansion of existing gas stations and find the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308 AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council introduced Ordinance 1693.
J. GENERAL BUSINESS
The City Council reordered the agenda to take item J.2 first.
J.2. Begin the annual assessment process for the Downtown Novato Business Improvement District (BID) in partnership with the Downtown Novato Business Association (DNBA):
A. Receive a presentation regarding the 2022 DNBA Annual Report and 2023 Proposed BID Budget;
B. Review, including making any changes if desired, and approve the 2022 DNBA Annual Report and 2023 Proposed BID Budget to begin January 1, 2023; and
C. Adopt a resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District and set a public hearing for November 15, 2022
Assistant City Manager Jessica Deakyne opened the item and introduced Principal Management Analyst Sullina Sanchez who gave the presentation.
Downtown Novato Business Association (DNBA) President Stephanie Koehler reviewed the DNBA annual report and budget 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 adopt the resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District and set a public hearing for November 15, 2022.
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2022-086.
J.1. Consider adopting two City resolutions and a City of Novato Public Financing Authority resolution approving (1) an approximately $2 million loan agreement between the City and the North Bay Children’s Center and (2) related lease-leaseback financing documents to generate funds for the City to make the loan
City Manager McGill opened the item and Susan Gilmore from North Bay Children’s Center gave an overview of the proposed project. James Wawrzyniak from Jones Hall reviewed the lease-lease back financing and City Attorney Walter gave an overview of the terms of the loan.
PUBLIC COMMENT:
1. Cheryl Paddock
2. Regina Bianucci-Rus
3. Mariah Shields
4. Gina Guillemette
5. Erick Erickson
6. Larisa Thomas
7. Mike Arnold
While concerns were expressed regarding the loan and it was suggested that the terms be modified to make the loan 10-years, it was generally felt that the resolutions should be adopted as presented.
COUNCIL ACTION: Motion by Councilmember Eklund to make it a 10-year loan.
Motion failed for lack of a second.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 3-2 via roll call to adopt a resolution of the City Council of the City of Novato authorizing lease financing relating to the North Bay Children’s Center project and execution and delivery of amended and restated lease agreement in amount not to exceed $4,000,000, and approving related documents and actions.
AYES: ATHAS, MILBERG, LUCAN
NOES: EKLUND, WERNICK
Motion carried. The City Council adopted Resolution No. 2022-088.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the Novato Public Finance Authority voted 3-2 via roll call to adopt a resolution of the City of Novato Public Finance Authority authorizing lease financing relating to the North Bay Children’s Center project and execution and delivery of amended and restated lease agreement in amount not to exceed $4,000,000, and approving related documents and actions.
AYES: ATHAS, MILBERG, LUCAN
NOES: EKLUND, WERNICK
Motion carried. The Novato Public Finance Authority adopted Resolution No. NPFA-02.
COUNCIL ACTION: Upon motion by Councilmember Athas and seconded by Councilmember Milberg, the City Council voted 3-2 via roll call to adopt a resolution of the City Council of the City of Novato authorizing (a) a $2+ million loan to the North Bay Children’s Center, (b) the execution and delivery of a loan and security agreement and related documents, and (c) approving related documents and actions.
AYES: ATHAS, MILBERG, LUCAN
NOES: EKLUND, WERNICK
Motion carried. The City Council adopted Resolution No. 2022-089.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS K.1. Consider reviewing, discussing, and possibly making appointments to the City Council’s Commissions, Committees and Boards.
The City Council appointed the following members to their Commissions, Committees and Boards:
Complete Streets and Pathways
Oversight Committee:
Casey Ward
Ashley Hoppe, Alternate #1
Matthew Leonard, Alternate #2
Design Review Commission: Tim Roche, Alternate #2
Economic Development Advisory
Commission:
Shalana Machado
Harry Thomas
John Williams
Finance Advisory Commission: Regina Bianucci-Rus
Richard Johnson
Rafelina Maglio
Andrew Zmyslowski
Multicultural Advisory Commission: Chandra Alexandre
Novato Streetscape Committee: Judy Buder
Richard Hanley
Ginny Hanna
Arlin Benavides, Alternate
Police Advisory and Review Board: Alice Demushkin Dow
Recreation, Cultural & Community
Services Advisory Commission:
Emily Larsen
Maggie Pilloton
Beverly Winsor
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 make the appointments
AYES: ATHAS, EKLUND, MILBERG, WERNICK, LUCAN
NOES: NONE
Motion carried.
L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 9:23 pm, the City Council adjourned the meeting in memory of Roberta Dixon and Bruce Arnold.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of December 6, 2022. /Laura McDowall/
___________________
Laura McDowall, City Clerk