NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
April 25, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:01 p.m., with Mayor Wernick leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Susan Wernick, Mayor Pro Tempore Mark Milberg, Councilmember Pat Eklund, Councilmember Rachel Farac, and Councilmember Tim O’Connor
STAFF PRESENT: City Manager Adam McGill, Community Development Director Vicki Parker, Planning and Environmental Services Manager Steve Marshall, Principal Management Analyst Sullina Sanchez, Sustainability Coordinator II Gretchen Schubeck, 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 - NONE
D. APPROVAL OF THE FINAL AGENDA
Prior to approval of the final agenda City Attorney Gary Bell explained that staff was requesting an item be added to the agenda related to participation in the second national opioid settlement. City Attorney Bell clarified that there was deadline of May 2, 2023, to opt-in to the settlement, and that he City learned of this deadline after the posting of the agenda. He further clarified that a vote of 4/5 Councilmembers would be required to add the item to the agenda.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to add the item to the agenda as J.1 under General Business.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor, the City Council voted 5-0 via roll call to approve the Final Agenda with the Opioid Settlement item added.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
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. Barbara Slack
2. Andy Podshadley
3. Jeanne Jarnot
4. Jason Clymer
5. Tieff Gibbs
6. Frank Drouillard
7. Steve Jordan
G. CONSENT CALENDAR
Both Councilmember Eklund and Councilmember Farac announced they would be abstaining from item G.5 due to the project’s proximity to real property that they owned.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to approve the Consent Calendar with Councilmember Eklund and Councilmember Farac abstaining from item G.5.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
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 City Council meeting minutes of March 28, 2023
The City Council approved the closed and open session meeting minutes of March 28, 2023.
G.3. Approve the closed and open session City Council meeting minutes of April 11, 2023
The City Council approved the closed and open session meeting minutes of April 11, 2023.
G.4. Adopt a resolution entering into a contract extension with Mark43 for a three-year license renewal of a computer aided dispatch (CAD) and records management system (RMS) in the amount of $396,805; and authorizing the City Manager or his designee to sign the service agreement and other related documents associated with this contract renewal The City Council adopted Resolution No. 2023-024.
G.5. Adopt a resolution approving the plans and specifications for the Citywide Crosswalk Enhancements & Traffic Management Project (CIP 22-005) and the 2023 Annual Pavement Rehabilitation Project (CIP 23-001); authorizing staff to combine the projects and advertise as a single construction contract; and find that both projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2023-028.
G.6. Adopt a resolution approving the plans and specifications for the Citywide Play Structure Upgrade project, CIP No. 22-006, authorizing bid advertisement, and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d) Existing Facilities
The City Council adopted Resolution No. 2023-025.
G.7. Approve the Recreation, Cultural and Community Services Advisory Commission’s (RCCS) recommendation to support the installation of one, painted, upright piano on the corner of Grant Avenue and 2nd Street, directly outside of the Marin Music Center located at 1205 Grant Ave., as part of the Rotary Club of Novato’s “Painted Piano on Grant” public art initiative and the City’s Art-In-Public-Places Program
The City Council approved the recommendation.
G.8. Approve the Recreation, Cultural and Community Services Advisory Commission’s recommendation to support the installation of two murals outside of 867 Grant Avenue, the Village Collective’s storefront, and allocate $8,845 from CIP 11-019 Public Art Projects to support implementation of the murals as part of the Art-In-Public-Places Program
The City Council approved the recommendation.
G.9. Receive and file the City of Novato’s third quarter payment register, purchase order report, and travel expense report for the months of January, February, and March 2023
The City Council received and filed the reports.
G.10. Adopt a resolution authorizing the City Manager to approve an increase to the existing contract with Mann Urrutia Nelson CPAs & Associates, LLP (MUN CPAs), perform the financial audit and single audit for fiscal year 2020- 2021 and three option years which would include fiscal years 2021-2022, 2022-2023, and 2023-2024; the cost will not exceed $79,500 for fiscal year 2020-2021
The City Council adopted Resolution No. 2023-029.
G.11. Receive and file the Quarter 3 budget report for Fiscal Year 2022/2023 The City Council received and filed the report.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing to consider and introduce an ordinance amending Chapter VII, Section 7-6 of the Novato Municipal Code relating to foodware requirements, and finding the amendments exempt from the requirements of the California Environmental Quality Act pursuant to guidelines section 15061(b)(3)
Sustainability Coordinator II Gretchen Schubeck and Dana Armanio from the County of Marin gave the presentation and responded to Council questions.
PUBLIC COMMENT:
1. Rhonda Kutter
2. Silke Valentine
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to introduce the ordinance amending Chapter VII, Section 7-6 of the Novato Municipal Code relating to foodware requirements, and finding the amendments exempt from the requirements of the California Environmental Quality Act pursuant to guidelines section 15061(b)(3)
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council introduced Ordinance 1701.
I.2. Hold a public hearing to consider and introduce an ordinance amending Novato Municipal Code Chapter XIX (Zoning), Article 3, Subsection
19.52.022.H., Destruction of a Nonconforming Gas Station, and finding the amendments exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15302 and 15305 Planning and Environmental Services Manager Steve Marshall presented the item, explaining that staff had outlined various text amendment options in the staff report and was recommending the ordinance be introduced including option #3 to allow the restoration or reconstruction of an existing gas station without any valuation threshold subject to the broader limitations of Municipal Code Section 19.52.022.
PUBLIC COMMENT:
1. Silke Valentine
2. Eva
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor, the City Council voted 5-0 via roll call to introduce the ordinance amending Novato Municipal Code Chapter XIX (Zoning), Article 3, Subsection 19.52.022.H., Destruction of a Nonconforming Gas Station with Option #3, and finding the amendments exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15302 and 15305
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council introduced Ordinance 1702.
J. GENERAL BUSINESS
J.1. ADDED ITEM: Adopt a resolution authorizing participation in the National Opioid Settlement and authorize the City Manager or designee to execute the related participation agreements
This item was added to the agenda by a 4/5 vote of the Council under Approval of the Final Agenda due to the need to opt-in to the settlement by May 2, 2023; the City learned of this deadline after the posting of the agenda. City Manager McGill and City Attorney Gary Bell gave a brief presentation and clarified that the item would return for additional action at the City Council meeting of May 9, 2023.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt the resolution authorizing participation in the National Opioid Settlement and authorize the City Manager or designee to execute the related participation agreements.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-031.
J.2. Consideration and adoption of a resolution accepting the Novato Economic Development Advisory Commission Work Plan for Fiscal Years 2022-2023 and 2023-2024
Principal Management Analyst Sullina Sanchez opened the item and introduced Economic Development Advisory Commission Vice Chair Katie Skjerping who presented the workplan. Principal Analyst Sanchez and Vice Chair Skjerping responded to questions and received feedback from the City Council.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to adopt the resolution approving the workplan.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-030.
The City Council took a brief recess at 8:05pm and returned at 8:11pm.
J.3. Consideration and adoption of a resolution recommending Community Development Block Grant (CDBG) project funding for Fiscal Year 2023-24 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area
Community Development Director Vicki Parker gave the presentation along with Molly Kron and Aline Tanielian from the County of Marin.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Mayor Pro Tem Milberg, the City Council voted 5-0 via roll call to adopt the resolution recommending Community Development Block Grant (CDBG) project funding for Fiscal Year 2023-24 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-027.
J.4. Consideration and adoption of a resolution recommending Permanent Local Housing Allocation (PLHA) program funding for calendar year 2023 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area and confirm existing equal funding match from City of Novato Affordable Housing Funds Community Development Director Vicki Parker gave the presentation along with Molly Kron and Aline Tanielian from the County of Marin.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Farac and seconded by Mayor Pro Tem Milberg, the City Council voted 5-0 via roll call to adopt the resolution recommending Permanent Local Housing Allocation (PLHA) program funding for calendar year 2023 to the Countywide Priority Setting Committee and Marin County Board of Supervisors for the Novato Planning Area and confirm existing equal funding match from City of Novato Affordable Housing Funds.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-026.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS K.1. Consider, review, discuss, and possibly appoint Members to the City Council’s Commissions, Committees and Boards
City Clerk Laura McDowall presented the item The City Council discussed the appointees to the Police Advisory and Review Board and came to consensus to appoint Kyla Medigovich, Anne Glasscock and William Palmini to the Board.
PUBLIC COMMENT:
1. Eva
The City Council made the following appointments:
Complete Streets and Pathways
Committee: Cynthia Lund, Alternate
Design Review Commission: Mark Schatz, Regular
Economic Development Advisory
Commission: Alex Tishman, Regular
Finance Advisory Commission: Cris MacKenzie, Regular
Multicultural Advisory Commission: Charles Schwarze, Regular Sierra Suraci, Regular
Planning Commission: Dan Dawson, Regular
Lia Heath, Regular
Thomas Engdahl, Regular
Recreation, Cultural & Community
Services Advisory Commission:
Betsy Ricketts, Regular
Nancy Weber, Regular
Sustainability Commission: Pablo Paster, Regular
Police Advisory and Review Board: Kyla Medigovich, Regular Anne Glasscock, Regular
William Palmini, Jr, Regular
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to appoint Klya Medigovich, Anne Glasscock and William Palmini, Jr. to the Police Advisory and Review Board.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
L. WORK STUDY SESSION
There were no items for this section
M. ADJOURNMENT
At 9:00pm, the City Council adjourned the meeting in memory of Joyce O’Neal and Lou Bartolini.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of May 23, 2023.
/Laura McDowall/
___________________
Laura McDowall, City Clerk