NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
January 10, 2023 – 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 Wernick leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Susan Wernick, Mayor Pro Tempore Mark Milberg, Councilmember Pat Eklund, and Councilmember Rachel Farac COUNCIL ABSENT: District 3 Vacant
STAFF PRESENT: City Manager Adam McGill, Public Works Director-City Engineer Chris Blunk, City Attorney Gary Bell and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
The City Council met in Closed Session prior to the open session; there was nothing to report out.
C. CEREMONIAL MATTERS/PRESENTATIONS
There were no agenda items.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call to approve the Final Agenda with the District 3 seat vacant.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
VACANT: DISTRICT 3
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
None
G. CONSENT CALENDAR
Councilmember Farac announced she would be recusing herself from item G.2, the City Council meeting minutes of November 15, 2022, because she wasn’t present at the meeting.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Milberg, the City Council voted 4-0-1 via roll call to approve the Consent Calendar, with Councilmember Farac recused from item G.2 and the District 3 seat vacant.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
VACANT: DISTRICT 3
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 an ordinance aloud in its entirety
G.2. Approve the City Council meeting minutes of November 15, 2022 The City Council approved the meeting minutes of November 15, 2022.
G.3. Adopt Ordinance 1696 amending Section 4-19 (Electric Vehicle Charging Systems) to Chapter IV (Building and Housing) of the Novato Municipal Code to impose an Electric Vehicle Infrastructure Training Program (EVITP) certification requirement on City-funded electric vehicle infrastructure projects and finding the amendments exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378 and 15308
The City Council adopted Ordinance 1696.
G.4. Adopt a resolution rescinding approval of the mitigated negative declaration, design review, and conditional use permit for the Costco Fuel Center proposed for 300 Vintage Way, APN 153-340-36
The City Council adopted Resolution No. 2023-001.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing and adopt a resolution for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-2.54 of the City of Novato Municipal Code It was announced that Councilmember Eklund and Councilmember Farac would be recusing themselves due to the proximity of the project to real property that they 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 to vote on the item.
Councilmember Farac recused herself and left the dais at 6:11 pm.
Public Works Director-City Engineer Chris Blunk gave the presentation and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Milberg, the City Council voted 4-0-1 via roll call, with the District 3 seat vacant, to adopt the resolution ordering the prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-2.54 of the City of Novato Municipal Code.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
VACANT: DISTRICT 3
Motion carried. The City Council adopted Resolution 2023-002.
Councilmember Farac returned to the dais at 6:19 pm.
J. GENERAL BUSINESS
J.1. Consider and provide direction to staff regarding filling the vacant City Council seat in District 3 by either:
1) Directing staff to begin the process for the City Council to make an appointment to fill the seat for the unexpired term; or 2) Directing staff to begin the process to call for a Special Election to be held on November 7, 2023 or, if conditions are met, by all-mail ballot on August 29, 2023
City Clerk Laura McDowall gave the presentation.
PUBLIC COMMENT:
1. Sophia Osotio
2. Emily Larsen
The City Council reviewed the application materials and provided feedback. It was generally felt that outreach should be done to solicit feedback from the community on whether the City Council should fill the District 3 vacancy through an appointment or hold a special election, and that the item should return at the City Council meeting of January 24, 2023 for further discussion and possible action.
The City Council took a brief recess at 8:08pm and returned at 8:14pm.
J.2. Consider adopting a resolution amending the City Council and Redevelopment Agency Policy Manual to comply with Senate Bill 1100 related to removal of disruptive persons from meetings and making revisions to reflect current processes and procedures, and review and discuss other possible Policy Manual changes
City Clerk Laura McDowall opened the item and the City Council reviewed the updates proposed by staff. The Council suggested additional corrections they would like to see in the Policy Manual including changing the time check on whether to proceed with additional agenda items from 10:30pm to 10:00pm, providing links or including all appendices in the document, listing the title of the document which gives the City Manager purchasing authority, adding a table of contents and updating the mission statement to match the City Council Strategic Plan. It was generally felt that the City Council Policy Manual Ad Hoc Committee should meet to discuss additional changes to the Manual, which would be brought back to Council at a future date.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call, with the District 3 seat vacant, to approve the proposed changes in the Council Policy Manual with the corrections saying that this is purchasing and contracting, and with the changes of listing the page numbers for table contents, and then starting to include in the appendices all the ordinances and policies so that that it's one document that the council needs to look at, and also include that the Ad Hoc committee for the Council Policy Manual will start meeting and then give progress reports and timelines back to the Council after they've had an opportunity to look at the scope of the proposed changes, and that the Ad Hoc Committee would convene by January 31, 2023,.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
VACANT: DISTRICT 3
Motion carried. The City Council adopted Resolution 2023-003.
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 8:42 pm, the City Council adjourned the meeting in memory of Danielle Leaf and Evelyn Daniels.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of March 14, 2023.
___________________
Laura McDowall
City Clerk