NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
February 28, 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 Tim O’Connor COUNCIL ABSENT: Councilmember Rachel Farac
STAFF PRESENT: City Manager Adam McGill, Public Works Director-City Engineer Chris Blunk, Administrative Services Director Amy Cunningham, Parks, Recreation and Community Services Director Katie Gauntlett, Deputy Administrative Services Director Carla Carvalho-Degraff, Senior Management Analyst Drew Bendickson, City Attorney Gary Bell and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Administer Oath of Office to Newly Appointed Councilmember Tim O'Connor City Clerk Laura McDowall administered the Oath of Office to Tim O’Connor.
The City Council took a recess between 6:03pm – 6:22pm.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Eklund and seconded by
Councilmember O’Connor, the City Council voted 4-0-1 via roll call to approve the Final Agenda with Councilmember Farac Absent AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
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. Eva
2. Mimi Willar
G. CONSENT CALENDAR
Councilmember Eklund requested that item G.3 be removed and return on March 28, 2023.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor, the City Council voted 4-0-1 via roll call to remove item G.3 from the Consent calendar and bring it back on March 28, 2023.
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
VACANT: FARAC
Motion carried.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor, the City Council voted 4-0-1 via roll call to approve the Consent Calendar with Councilmember Farac absent.
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
Motion carried.
G.1. Waive reading and authorize introductions and/or adoption of ordinances by title only was a standard procedural action so that the City Council did not have to read ordinances aloud in their entirety
G.2. Receive and file the Investment Report for FY 22/23 Quarter 2 The City Council received and filed the report.
G.3. Adopt a resolution and authorize the Mayor to sign a letter of opposition to initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act., in accordance with the League of California Cities Action Alert
This item was removed.
G.4. Adopt a resolution terminating the Local Emergency Regarding COVID-19, effective February 28, 2023, per California Government Code Section 8630, and rescind all rules and regulations adopted thereunder The City Council adopted Resolution No. 2023-012.
G.5. Adopt a resolution authorizing acceptance of subdivision improvements for the subdivision known as Atherton Place Condominiums, project No. 218- 901 in accordance with the Subdivision Improvement Agreement (SIA) for the project. Subdivider: KB Home South Bay, Incorporated The City Council adopted Resolution No. 2023-011.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing and consider adopting a resolution amending Resolution No. 2022-059 to establish facility rental fees for the Hamilton Community Pool under the City’s Master Fee Schedule
Parks, Recreation, & Community Services Director Katie Gauntlett opened the item and Senior Management Analyst Drew Bendickson gave the presentation PUBLIC COMMENT:
1. Eva
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 Councilmember Farac absent, to adopt the resolution amending Resolution No. 2022-059 to establish rental fees for the Hamilton Community Pool under the City’s Master Fee Schedule.
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
Motion carried. The City Council adopted Resolution No. 2023-013.
I.2. Hold a public hearing and consider introducing an ordinance to reduce the speed limit on Nave Drive from 40 mph to 35 mph from Alameda Del Prado to 600 feet south of Roblar Drive, adopt a resolution authorizing the submittal of a request to the California Department of Transportation to reclassify Hill Road from a Collector Street to a Local Street between Indian Valley Road and Tamalpais Avenue, and find these actions to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
Public Works Director-City Engineer Chris Blunk presented the item and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor the City Council voted 4-0-1 via roll call, with Councilmember Farac absent, to introduce the ordinance to reduce the speed limit on Nave Drive from 40 mph to 35 mph from Alameda Del Prado to 600 feet south of Roblar Drive, adopt the resolution authorizing the submittal of a request to the California Department of Transportation to reclassify Hill Road from a Collector Street to a Local Street between Indian Valley Road and Tamalpais Avenue, and find these actions to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
Motion carried. The City Council introduced Ordinance No. 1699 and adopted Resolution No. 2023-011.
The City Council took a brief recess at 7:49 pm and returned at 7:52 pm.
I.3. Hold a public hearing and consider introducing an ordinance amending Novato Municipal Code Section 2-11 to update the members’ other service and residency requirements of the Design Review Commission City Clerk Laura McDowall presented the item.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Mayor Pro Tem Milberg the City Council voted 4-0-1 via roll call, with Councilmember Farac absent, to introduce the ordinance amending Novato Municipal Code Section 2-11 to update the members’ other service and residency requirements of the Design Review Commission
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
Motion carried. The City Council introduced Ordinance 1698.
J. GENERAL BUSINESS
J.1. Receive the Annual Comprehensive Financial Report (ACFR) for Fiscal Year ending June 30, 2020
City Manager Adam McGill opened the item. Justin Williams from MANN, URRUTIA, NELSON, CPAS & ASSOCIATES, LLP presented the audit and Administrative Services Director Amy Cunningham and Deputy Director of Administrative Services Carla Carvalho-Degraff responded to Council questions.
PUBLIC COMMENT: None
It was suggested that Staff provide a quarterly report on how the resolution to the audit issues were going, along with quarterly financial reports which included all the funds, not just the General Fund. Staff explained that quarterly budget status reports were already being provided to the City Council and the Finance Advisory Commission, however returning with additional fund information would not be possible until the audits were caught up. It was further clarified that the fund balances come to Council each year with the audit.
COUNCIL ACTION: Motion by Councilmember Eklund to accept the 19/20 Annual Comprehensive Financial Report and that staff comes back to us quarterly with a summary of how the audit resolution issues are being resolved and recognizing that is going to be slow and then also that we have quarterly financial reports on our budget which includes all of the funds, not just the General Fund, as possible by staff.
Motion failed for lack of a second.
The City Council took a recess between 9:04 pm – 9:14pm.
J.2. Authorize the City Manager to execute an agreement with Novato Theater to waive enforcement of the Exclusive Event Listing restrictions on the property located at 924 Grant Ave., commonly known as the Novato Downtown Theater in order to help facilitate sale of the Theater at its fair market value and make findings that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
City Manager McGill presented the item and Luis Rivera, Novato Theater Board Member was present to respond to Council questions.
PUBLIC COMMENT:
1. Toni Shroyer
2. Jim Shroyer
Disappointment was expressed that the Theater would not come to fruition, however it was generally felt that the City Manager should be authorized to execute the agreement.
COUNCIL ACTION: Upon motion by Mayor Wernick and seconded by Councilmember O’Connor, the City Council voted 4-0-1 via roll call to authorize the City Manager to execute the agreement with Novato Theater to waive enforcement of the Exclusive Event Listing restrictions on the property located at 924 Grant Ave., commonly known as the Novato Downtown Theater in order to help facilitate sale of the Theater at its fair market value and make findings that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
AYES: EKLUND, O’CONNOR, MILBERG, WERNICK
NOES: NONE
ABSENT: FARAC
Motion carried.
J.3. Consider and discuss providing direction to staff to implement a Virtual Public Participation Option for City Commission, Committee and Boards City Clerk Laura McDowall presented the item and explained that the City Council and the Planning Commission already offer a Virtual Public Participation Option, and that there would be an increase of approximately $37,400 per year to expand it to additional City Commissions, Committees and Boards.
The City Council discussed various implementation options and while the City Council appreciated the idea of providing a virtual option, it was generally felt that the costs were too high.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Wernick the City Council voted 1-3-1 via roll call that Economic Development Advisory Commission, Finance Advisory Commission, Complete Streets and Pathways Oversight Committee, Novato Streetscape Committee participate with Zoom and be in the Womack Room but record it, post it like we do with the City Council at no cost.
AYES: EKLUND
NOES: O’CONNOR, MILBERG, WERNICK
ABSENT: FARAC
Motion failed.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Eklund, the City Council voted 2-2-1 via roll call that we do proceed with the Zoom Virtual Public Participation Option for those commissions that are currently meeting in the Council Chambers.
AYES: EKLUND, MILBERG
NOES: O’CONNOR, WERNICK
ABSENT: FARAC
Motion failed.
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 11:00pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of April 11, 2023.
/Laura McDowall/
___________________
Laura McDowall, City Clerk