NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
July 25, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:06 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, Administrative Services Director Amy Cunningham, City Attorney Gary Bell and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session both prior to and upon adjournment of the open session. See separate closed session minutes.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Recognizing Lt. Mike Howard
Lt. Mike Howard accepted the presentation.
C.2. Presentation: Novato Fire Protection District Chief Bill Tyler Novato Fire Protection District Chief Bill Tyler gave the presentation.
D. APPROVAL OF THE FINAL AGENDA
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.
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. David Moller
2. Susannah Saunders
3. David Fariello
G. CONSENT CALENDAR
Councilmember Eklund and Councilmember Farac announced they would be recusing themselves from item G.3 due to real property that they owned.
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 Consent Calendar, with Councilmembers Eklund and Farac voting no on item G.6 and recused from item G.3.
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. Receive and file the City of Novato’s fourth quarter payment register, purchase order report, and travel expense report for the months of April, May, and June 2023
The City Council received and filed the reports.
G.3. Award the construction contract for the Citywide Crosswalk Enhancements & Traffic Management Project (CIP 22-005) and the 2023 Annual Pavement Rehabilitation Project (CIP 23-001) in the amount of $2,192,884.90 to R&S Construction Management Inc. as the lowest responsible bidder and authorize the City Manager to execute the construction contract The City Council awarded the construction contract to R&S Construction Management Inc. and authorized the City manager to execute same.
G.4. Adopt a resolution amending budget resolution 2023-061 amending the Fiscal Year 2023/24 Capital Improvement Budget to transfer funding in amount of $206,250.00 from capital improvement project 17-003 to capital improvement project 22-006; award a construction contract for the Citywide Play Structure Upgrade Project, CIP No. 22-006 for the base bid in the total amount of $323,323.00 to McNabb Construction, Inc. as the lowest responsible bidder; approve 5% contingency in the amount of $16,166.15 and authorize the City Manager to execute the construction contract The City Council adopted Resolution No. 2023-074.
G.5. Adopt a resolution authorizing the City Manager or designee to execute amendment # 1 to the maintenance agreement with Universal Building Services and Supply Co. for the City’s Janitorial Services in the amount of $237,000 plus an additional ten percent for contingency expenses ($23,000) for a total not to exceed $260,000 in Fiscal Year 23/24.
The City Council adopted Resolution No. 2023-075.
G.6. Adopt a resolution authorizing staff to purchase 3 vehicle’s and 8 pieces of equipment for the City’s fleet for a total amount of $889,232 The City Council adopted Resolution No. 2023-071.
G.7. Adopt a resolution authorizing the City Manager to execute the Purchase and Sale Agreements and the Acceptance of the Grant Deeds for right-ofway acquisition for the Novato Boulevard Improvement Project, CIP #01-004 The City Council adopted Resolution No. 2023-073.
G.8. Adopt a resolution approving the Eligibility Criteria and Application for the Temporary Encampment at Lee Gerner Park
The City Council adopted Resolution No. 2023-072.
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 and possibly take action to adopt a resolution approving an exclusive negotiating agreement (ENA) by and between the City of Novato and the Novato Historical Guild for the potential relocation of the Novato History Museum to the Scott House (917 Sherman Avenue, APN 153-062-16), and authorize the City Manager to make minor modifications and execute same
City Manager Adam McGill opened the item and Patrick MacLeamy from the Novato Historical Guild gave a presentation
PUBLIC COMMENT:
1. Jeanne MacLeamy
It was clarified that most provisions of the proposed agreement had been agreed to by both parties, however there were still discussions being held regarding the indemnification language. It was generally felt that the City Manager could work with the Novato Historical Guild to include mutually agreeable provisions.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember O’Connor the City Council voted 5-0 via roll call to adopt the agreement that was before them with the understanding that the City Manager will explore other options for the indemnification.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
The City Council took a brief recess from 8:03pm - 8:12pm.
J.2. Consider and possibly adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s response to the June 8, 2023 Marin County Civil Grand Jury report titled, “Novato’s Chronic Fiscal Deficits: A Call to Action”
City Manager McGill and Administrative Services Director Amy Cunningham reviewed the City’s draft response to the Grand Jury Report and responded to Council questions.
PUBLIC COMMENT:
1. Jay Schelfer
2. Steve Gloucher
3. Charlotte Kells
4. Janine Bradley
5. Carol Joy Harris
6. Mary Currie
7. John Hansen
8. Dana Dean
9. Pam Drew
10. Zach Griggy
The City Council provided feedback and revisions to the response. It was clarified that the updated response reflecting the City Council’s feedback would return to the City Council at the meeting of August 22, 2023.
The City Council took a recess from 9:51pm – 9:58pm.
J.3. Consider and possibly take action to direct the City Attorney to update the City Council Policy Manual and dissolve the Council Policy Manual Ad Hoc Committee created to address this task
Mayor Wernick presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Zach Griggy
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to direct the City Attorney to update the City Council Policy Manual and dissolve the Council Policy Manual Ad Hoc Committee with comments due from Councilmembers by September 5th and with a target date for Council review of September 26, 2023.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
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 11:06pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of August 22, 2023. /Laura McDowall/
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Laura McDowall, City Clerk