NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
May 23, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:02 p.m., with Mayor Wernick leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Susan Wernick, Councilmember Pat Eklund, Councilmember Rachel Farac, and Councilmember Tim O’Connor COUNCIL ABSENT: Mayor Pro Tempore Mark Milberg
STAFF PRESENT: City Manager Adam McGill, 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
C.1. Proclamation: National Public Works Week
Maintenance Superintendent Lyle Waite accepted the proclamation.
C.2. Proclamation: Pride Month
Joe Tuohy, Spahr Center Executive Director, accepted the proclamation.
C.3. Proclamation: Asian and Pacific Islanders Heritage Month Multicultural Advisory Commission Chair Sophia Osotio accepted the proclamation.
D. APPROVAL OF THE FINAL AGENDA
It was announced that items G.9 – G.13 were being removed from the 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 items G.9 - G.13 removed, with Mayor Pro Tem Milberg being absent.
AYES: EKLUND, FARAC, O’CONNOR, WERNICK
NOES: NONE
ABSENT: MILBERG
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. Rod Crow
2. Veronica Brierly
3. Susanna Castillo
4. Stephanie
G. CONSENT CALENDAR
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 items G.9 – G.13 removed.
AYES: EKLUND, FARAC, O’CONNOR, WERNICK
NOES: NONE
ABSENT: MILBERG
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 April 25, 2023
The City Council approved the closed and open session meeting minutes of April 25, 2023.
G.3. Adopt ordinance 1703 adopting a policy for the use of Military Equipment by the Novato Police Department pursuant to California Assembly Bill 481 The City Council adopted Ordinance 1703.
G.4. Approve an agreement terminating the Operation/Facilities Use Agreement between the City of Novato, Novato Unified School District, and Novato Community Television
The City Council approved the agreement.
G.5. Receive and file the Investment Report for Fiscal Year 2022/2023 Quarter 3 The City Council received and filed the report.
G.6. Authorize the City Manager to execute a two-year agreement with Whitlock & Weinberger Transportation, Inc. for $200,000, not to exceed $100,000 per fiscal year with the option to renew for the second year pending Fiscal Year 2024/2025 budget authorization
The City Council authorized the City Manager to execute the agreement.
G.7. Adopt a resolution authorizing staff to execute lease agreements for the replacement of two City fleet vehicles in the total amount of $25,941.12 per year
The City Council adopted Resolution No. 2023-036.
G.8. Adopt a resolution authorizing the City Manager or designee to execute an agreement with Downtown Streets Team to provide services for the remainder of Fiscal Year 2022/23 with the option to extend for the three following fiscal years conditional upon annual City budget authorizations for a total contract amount not to exceed $154,167.00
The City Council adopted Resolution No. 2023-037.
G.9. Adopt a resolution approving the use of contractor provided landscaping services to the Hamilton Community Facilities District and authorizing the City Manager or designee to execute an agreement with BrightView Landscape Services to provide the contracted landscaping services for a total not to exceed $196,796 for the period between July 1, 2023, and June 30, 2024, with the option to renew for a second & third fiscal year pending Fiscal Year 2024/2025 & 2025/2026 budget authorization for a total of $620,388.00
This item was removed from the agenda.
G.10. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A-81 in the San Marin Area and setting a hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Engineer's Report. CEQA DETERMINATION:
Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
This item was removed from the agenda.
G.11. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A 03 in the San Pablo Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Engineer's Report. CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
This item was removed from the agenda.
G.12. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District C 91 in the Wildwood Glen Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Draft Engineer's Report.
CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities This item was removed from the agenda.
G.13. Adopt a resolution of intention to levy assessments for Fiscal Year 2023/24 for Landscape Assessment District A 91 in the Hillside Park Unit 4 Subdivision and setting a public hearing date of June 13, 2023, to confirm or revise the Fiscal Year 2023/24 assessments proposed in the Draft Engineer's Report. CEQA DETERMINATION: Categorically exempt from the requirements of pursuant to CEQA Guidelines Section 15301, Existing Facilities
This item was removed from the agenda.
G.14. Receive the 2022 Housing Element Annual Progress Report and authorize staff to submit for filing with the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR)
The City Council received the report and authorized submittal.
G.15. Adopt a resolution authorizing the Mayor to execute 1) an amendment to the 2020 Cooperation Agreement with the County of Marin for funding and administration of federal Community Development Block Grant (CDBG) and HOME programs, 2) Department of Housing and Urban Development (HUD) form 424-B Assurances and Certifications, and 3) a letter to HUD confirming Novato’s deferral of “metropolitan city” status for federal fiscal years 2024, 2025 AND 2026
The City Council adopted Resolution No. 2023-038.
G.16. Approve the Recreation, Cultural and Community Services Advisory Commission’s recommendation to support entering into a contract with, Scientific Illustrator, Emma Oyle for artwork and redesign of eight existing wayside signs at Scottsdale Pond, located at Redwood Blvd and Rowland Blvd, and allocate $11,725 from CIP 11-019 Public Art Projects to support the creation of the signage artwork in partnership with the Rotary Club of Novato as a public art installation
The City Council approved the recommendation.
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, discuss and potentially give direction to staff regarding use of three City-owned properties including 900 Sherman Avenue APN: 153- 063-14 (“Simmons House”), 908 Sherman Avenue APN: 153-063-15 (“Hanen House”), and 917 Sherman Avenue APN: 153-062-16 (“Scott House”) and receive a presentation from the Novato Historical Guild regarding use of the Scott House; direction may include, but is not limited to, use of the Scott House by the Novato Historical Guild and/or including one, two, or all three properties in a Request for Information (RFI) process
City Manager McGill gave a brief introduction, and the City Council discussed the item.
PUBLIC COMMENT:
1. Robert Crumpler
2. Lynn Dawson
3. Jeff Shankle
4. Tom Keena
5. Barry Smail
6. Gary Bramon
7. Patrick MacLeamy
8. Dick Locke
It was suggested that a Request for Information (RFI) process be used for the Simmons House, the Hanen House and the Scott house, however it was generally felt that while a RFI should be started for the Simmons and Hanen House an Exclusive Negotiating Agreement between the City and the Novato Historical Guild should be used for the Scott House instead.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Eklund, the City Council voted 4-0-1 via roll call to move forward with a 30 day RFI process for the Simmons and Hanen Houses.
AYES: EKLUND, FARAC, O’CONNOR, WERNICK
NOES: NONE
ABSENT: MILBERG
Motion carried.
COUNCIL ACTION: Motion by Councilmember Eklund and second by Councilmember Farac to not do an RFI with the Historical Guild but instead ask them to enter into a letter of agreement between the Historical Guild and the City to be finalized and approved by the City Council no later than August of 2023; this agreement would allow the Guild to do a full estimate of what the cost would be and then come back with the Council with a report of how much funds have been raised to date.
It was clarified that the agreement with the Novato Historical Guild would be an Exclusive Negotiating Agreement.
COUNCIL ACTION: Upon modified motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 3-1-1 via roll call to not do an RFI with the Historical Guild but instead ask them instead to enter into an Exclusive Negotiating Agreement that would come back in June or July, after the staff has met with the Guild and also the relocation subcommittee, then the Council would approve the document and the agreement would have timelines that would help ensure that we would be able to meet every schedule that we can, with Councilmember O’Connor voting No and Mayor Pro Tem Milberg being absent.
AYES: EKLUND, FARAC, WERNICK
NOES: O’CONNOR
ABSENT: MILBERG
Motion carried.
The City Council took a brief recess at 8:23pm and returned at 8:35pm.
J.2. Receive and file the final progress report on the adopted City of Novato Strategic Plan covering the period of July 1, 2021 – June 30, 2023 City Manager Adam McGill presented the item and responded to Council questions.
PUBLIC COMMENT: None
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 8:55pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of July 11, 2023.
/Laura McDowall/
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Laura McDowall, City Clerk