NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
August 22, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:03 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, Deputy Director of Community Development Steve Marshall, Principal Management Analyst Sullina Sanchez, City Attorney Gary Bell and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
The City Council met in closed session after General Business item J.1 and upon adjournment. See separate closed session minutes.
C. CEREMONIAL MATTERS/PRESENTATIONS - None
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Motion made by Mayor Pro Tem Milberg to approve the Final Agenda.
COUNCIL ACTION: Upon substitute motion made 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 items reordered to hear public comment on Closed Session item C.3 right after City Manager and Council Reports.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
The City Manager did not have a report. The City Council gave reports on meetings and events they had attended.
REORDERED AGENDA ITEM - PUBLIC COMMENT ON CLOSED SESSION ITEM C.3 C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov. Code, § 54956.8)
Property: Marin Valley Mobile Country Club, 100 Marin Valley Dr, Novato, CA 94945
Agency Negotiators: Adam McGill, City Manager
Negotiating Parties: HCA Property Management, Inc
Under Negotiation: Price and Terms of Payment
PUBLIC COMMENT:
1. Christin Anderson
2. Janine Bradley
3. Janet McGrath
4. Margaret Kapranos
5. Richard Park
6. Michele Rodriguez
7. Erma Wheatly
8. Linda Steenman
9. Michaela Dancer
10. John Travis
11. Sean Casey
12. Dana Dean
13. Michele Rivers
14. Gary Nelson
15. Carolyn Corry
16. Joan Cervisi
17. Serena Fisher
18. Bill Daris
19. Paula Capocchi
20. Julie Manson
21. Mary Currie
22. Ed Collins
23. Zachary Griggy
24. Salama Locks
25. Chris Asimos
26. Pranav Bhanshali
27. Laura Giacomini
28. Anonymous Phone Caller
29. Mimi Willard
F. PUBLIC COMMENT - NONE
G. CONSENT CALENDAR
Councilmember Eklund announced she would be pulling items G.6 and G.15 from the Consent Calendar. It was clarified that generally items pulled from the Consent Calendar are placed at the end of General Business.
COUNCIL ACTION: Motion made by Councilmember Eklund to pull items G.6 and G.15 from the Consent Calendar and to hear them at the beginning of General Business.
Motion failed for lack of a second.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember O’Connor, the City Council voted 5-0 via roll call to approve the Consent Calendar with items G.6 and G.15 removed.
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 meeting minutes of June 27, 2023 The City Council approved the closed and open session meeting minutes of June 27, 2023.
G.3. Approve the closed and open session City Council meeting minutes of July 11, 2023
The City Council approved the closed and open session City Council meeting minutes of July 11, 2023.
G.4. Approve the closed and open session City Council meeting minutes of July 25, 2023
The City Council approved the closed and open session City Council meeting minutes of July 25, 2023.
G.5. Receive and file the Investment Report for Fiscal Year 2022/2023 Quarter 4 The City Council received and filed the report.
G.6. Adopt the City Council Strategic Plan for the period of July 1, 2023 – June 30, 2025
This item was pulled and placed under General Business.
G.7. Receive and file the list of upcoming and to be determined City Council agenda items for the third quarter of 2023
The City Council received and filed the list.
G.8. Adopt a resolution amending budget resolution 2023-061 to appropriate funding to the Fiscal Year 2023/24 Capital Improvement Budget to CIP No. 22-004 the Pioneer Park Play Area Upgrades in the amount of $300,000 from Fund 115 Insurance Reserve; and authorize the City Manager to finalize and sign the amendment(s) to agreement 5354 with GameTime to complete the adaptive play structures at Pioneer Park
The City Council adopted Resolution No. 2023-082.
G.9. Adopt a resolution authorizing the City Manager to finalize and execute an agreement with the Conservation Corps North Bay for a total amount of $255,000 not to exceed $85,000 per fiscal year, with the option to renew for a second and third year pending fiscal year 2024/2025 and 2025/2026 budget authorization
The City Council adopted Resolution No. 2023-080.
G.10. Adopt a resolution approving the plans and specifications, authorizing advertisement of bids, and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301, Existing Facilities for the Diablo Ave / DeLong Ave Corridor between Novato Blvd & Reichert Ave project, CIP Project No. 22-003; Federal-Aid Project No. HSIPL-5361(031) The City Council adopted Resolution No. 2023-079.
G.11. Adopt a resolution authorizing the City Manager to execute Amendment No. 2 to Agreement #5259 with DC Electric Group to add $89,100 to upgrade flashing crosswalk systems with rectangular rapid-flashing beacons (RRFBs) and install radar feedback signs at various locations in Novato.
The City Council adopted Resolution No. 2023-078.
G.12. Adopt a resolution authorizing the City Manager or their designee to execute an amendment to Maintenance Agreement 5334A with Universal Building Services and Supply Co. by adding $35,000 for a total not to exceed $295,000 for janitorial services for the city for Fiscal Year 2023-24 The City Council adopted Resolution No. 2023-081.
G.13. Adopt a resolution authorizing the City Manager to finalize and sign an Agreement with Coastland Civil Engineering, Inc. (Coastland) not to exceed $150,000 to continue private development engineering services ending on June 30, 2024, with option to renew for four subsequent fiscal years The City Council adopted Resolution No. 2023-085.
G.14. Adopt job descriptions for Deputy City Manager and Chief Information Officer, amend job descriptions for Assistant City Manager, Finance Director, Deputy Finance Director and Finance Manager, set the salary schedule for Deputy City Manager, Finance Manager and Chief Information Officer classifications and adopt a resolution approving an updated salary schedule and amending the budget in the amount of $160,000 for fiscal year 2023-24
The City Council adopted Resolution No. 2023-086.
G.15. Adopt a resolution authorizing the City Manager to execute a first amendment to the December 1, 2012, Loan Agreement with Bank of Marin thereby extending the timeline to provide certain information to the Bank This item was pulled and placed under General Business.
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. Receive staff recommendations and applicant presentations for Request for Information (RFI) proposals for the use of City-owned properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153- 063-15); and consider, discuss, and possibly give direction to staff regarding the use of City-owned properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15)
Principal Management Analyst Sullina Sanchez opened the item and Henry Hautau and Mary Stompe presented their proposals and responded to Council questions.
PUBLIC COMMENT:
1. Susan Stompe
The City Council adjourned into Closed Session at 7:58pm and reconvened into Open Session at 8:44pm. The City Attorney announced that there was no reportable action taken during Closed Session and direction would be given during open session.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to direct staff to proceed with the proposal from Henry Hautau and prepare and negotiate an Exclusive Negotiating Agreement with him or his firm and return with the draft at a future Council meeting.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
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 Adam McGill opened the item and Administrative Services Director Amy Cunningham reviewed the proposed response to the June 8,2023 Marin County Civil Grand Jury Report titled, “Novato’s Chronic Fiscal Deficits: A Call to Action.”
PUBLIC COMMENT
1. Dana Dean
2. Steve Plocher
3. Todd Rogers
4. Jay Schelfer
5. Dave Tetta
6. Mary Currie
The City Council provided feedback and updates to the proposed response. It was suggested language be added to item F-9 stating that to the City’s knowledge, the Marin Valley Mobile Country Club has not operated at a substantial deficit, however there was not support for this change.
COUNCIL ACTION: Motion by Councilmember Eklund to add to F.9 that the park has not operated at a substantial deficit to our knowledge and has a long history of spending within their budget.
Motion failed for lack of a second.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Mayor Pro Tem Milberg, the City Council voted 4-1 via roll call to adopt the resolution approving the response with the edits provided this evening, with Councilmember Eklund voting no.
AYES: FARAC, O’CONNOR, MILBERG, WERNICK
NOES: EKLUND
Motion carried. The City Council adopted Resolution No. 2022-077.
J.3. Consider and possibly adopt a resolution approving and authorizing the Mayor to execute the City of Novato’s response to the Marin County Civil Grand Jury report titled, “Build More ADUs – An Rx to Increase Marin’s Housing Supply,” published June 15, 2023
Deputy Director of Community Development Steve Marshall gave the presentation 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 5-0 via roll call to adopt the resolution approving and authorizing the Mayor to execute the City of Novato’s response to the Marin County Civil Grand Jury report titled, “Build More ADUs – An Rx to Increase Marin’s Housing Supply,” published June 15, 2023.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-083
PULLED FROM THE CONSENT CALENDAR
G.6. Adopt the City Council Strategic Plan for the period of July 1, 2023 – June 30, 2025
Councilmember Eklund explained that she pulled this item from the Consent Calendar because she wanted further clarification of certain items in the proposed Strategic Plan. Revisions to the plan were suggested, however it was generally felt that should be adopted as-is.
PUBLIC COMMENT
1. Meg Jordan
2. Alan Gump
3. Jamie Klimes
4. Dana Dean
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Farac, the City Council voted 4-1 via roll call to adopt the City Council Strategic Plan for the period of July 1, 2023 – June 30, 2025, with Councilmember Eklund voting no.
AYES: FARAC, O’CONNOR, MILBERG, WERNICK
NOES: EKLUND
Motion carried.
G.15. Adopt a resolution authorizing the City Manager to execute a first amendment to the December 1, 2012, Loan Agreement with Bank of Marin thereby extending the timeline to provide certain information to the Bank Councilmember Eklund explained that she pulled this item from the Consent Calendar because she believed the funding for the amendment should be changed to come out of the General Fund, however there was not support to modify the funding source.
PUBLIC COMMENT: None
COUNCIL ACTION: Motion made by Councilmember Eklund to change the resolution to reflect that all associated expenses for this amendment will be charged to the General Fund, not Fund 651.
Motion failed for lack of a second.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Farac, the City Council voted 4-1 via roll call to adopt the resolution authorizing the City Manager to execute a first amendment to the December 1, 2012, Loan Agreement with Bank of Marin thereby extending the timeline to provide certain information to the Bank.
AYES: FARAC, O’CONNOR, MILBERG, WERNICK
NOES: EKLUND
Motion carried. The City Council adopted Resolution No. 2023-084.
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 10:39 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of Sept 26, 2023.
/Laura McDowall/
___________________
Laura McDowall, City Clerk
City Council
CLOSED SESSION MEETING MINUTES
CITY COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
CITY ADMINSTRATIVE OFFICES
922 MACHIN AVE
NOVATO, CA 94945
August 22, 2023
Upon Conclusion of Open Session Item J.1
& Upon Adjournment of Open Session
A. CALL TO ORDER
The City Council closed session for item C.1 began at 7:58 p.m. Closed session deliberations for items C.2 and C.3 began at 10:39 p.m.
COUNCIL PRESENT: Mayor Susan Wernick, Mayor Pro Tem Mark Milberg, Councilmember Pat Eklund, Councilmember Rachel Farac and Councilmember Tim O’Connor.
STAFF PRESENT: City Manager Adam McGill, Community Development Director Vicki Parker, Principal Management Analyst Sullina Sanchez and City Attorney Gary Bell
B. PUBLIC COMMENT
Public Comment on Item C.3 was taken at 901 Sherman Ave during Open Session after City Manager and Council reports.
1. Christin Anderson
2. Janine Bradley
3. Janet McGrath
4. Margaret Kapranos
5. Richard Park
6. Michele Rodriguez
7. Erma Wheatly
8. Linda Steenman
9. Michaela Dancer
10. John Travis
11. Sean Casey
12. Dana Dean
13. Michele Rivers
14. Gary Nelson
15. Carolyn Corry
16. Joan Cervisi
17. Serena Fisher
18. Bill Daris
19. Paula Capocchi
20. Julie Manson
21. Mary Currie
22. Ed Collins
23. Zachary Griggy
24. Salama Locks
25. Chris Asimos
26. Pranav Bhanshali
27. Laura Giacomini
28. Anonymous Phone Caller
29. Mimi Willard
C. CLOSED SESSION ITEMS
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code 54956.8)
Property:
Simmons House, 900 Sherman Avenue (APN: 153-063-
14) and Hanen House, 908 Sherman Avenue (APN: 153-
063-15)
Agency
Negotiators:
Adam McGill, Gary Bell, Jessica Deakyne, Sullina
Sanchez
Negotiating
Parties: Henry Hautau and Mary Stompe
Under Negotiation: Price and Terms of Payment
No reportable action was taken during Closed Session; direction was given during Open Session.
C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code 54956.8)
Property: Depot Lot, 695 Grant Avenue (Parcel Number 153-057- 22)
Agency
Negotiators: Adam McGill, Gary Bell, Vicki Parker
Negotiating
Parties: San Francisco Brewing Company
Under Negotiation: Price and Terms of Payment
The City Council gave direction to Staff.
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov. Code, § 54956.8)
Property: Marin Valley Mobile Country Club, 100 Marin Valley Dr, Novato, CA 94945
Agency
Negotiators: Adam McGill, City Manager
Negotiating
Parties: HCA Property Management, Inc
Under Negotiation: Price and Terms of Payment
The Novato City Council decided not to pursue the offer from HCA to purchase Marin Valley Mobile Country Club. As identified in the City’s Strategic Plan, the City Council has identified Marin Valley Mobile Country Club as a strategic priority and will continue to address the management, oversight, and financial conditions in the coming months.
D. ADJOURNMENT
The City Council adjourned the meeting at 12:18 a.m.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of Sept 26, 2023.
/Laura McDowall/
___________________
Laura McDowall, City Clerk