NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
October 10, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:27 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, Assistant City Manager Jessica Deakyne, 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 prior to the open session; there was nothing to report out.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Bully Prevention Month
Multicultural Advisory Commission Chair Charles Schwarze accepted the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Farac, 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
E.1. Mayor Wernick Proposed Agenda Item - Electric Mobility Device Ordinance Mayor Wernick presented the item and responded to Council questions.
PUBLIC COMMENT:
1. Casey Ward
COUNCIL ACTION: Upon motion by Mayor Wernick and seconded by Councilmember Farac, the City Council voted 4-1 via roll call for Council to discuss at a meeting, in the next 60 to 90 days, consideration of an electric mobility device ordinance and other suggestions, including a focus on the City of Novato open space, with Councilmember O’Connor voting no.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: O’CONNOR
Motion carried.
E.2. Reports from the City Manager and the City Council City Manager McGill reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. UNFINISHED AND OTHER BUSINESS - NONE
G. CONSENT CALENDAR
Prior to the vote, the Mayor called for public comment on the Consent Calendar and there was none.
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.
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 City Council meeting minutes of September 12, 2023 The City Council approved the meeting minutes of September 12, 2023.
G.3. Adopt Ordinance 1705 amending Novato Municipal Code Chapter XIX (Zoning) to establish Division 19.27 specifying objective architecture standards for residential and residential mixed-use developments and associated amendments noting the applicability of Division 19.27 and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
The City Council adopted Ordinance 1705.
G.4. Award the construction contract 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) in the amount of $862,595 to RK Engineering INC the lowest responsible bidder and authorize the City Manager to execute the construction contract
CEQA: Exempt pursuant to Sections 15301 Existing Facilities - Subsection 15301 (c)
The City Council awarded the construction contract.
G.5. Adopt a resolution approving the use of a contractor to provide Street Sweeping Services for the City of Novato and authorizing the City Manager or designee to finalize and execute an agreement with Marin Sanitary Service to provide the contracted street sweeping services for a total not to exceed $448,601 for the period between October 2023 and October 2024, with the option to renew for a second & third fiscal year pending Fiscal Year 2024/2025 & 2025/2026 budget authorization for a total not to exceed $1,345,803 and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
The City Council adopted Resolution No. 2023-094.
G.6. Adopt a resolution authorizing the City Manager to execute an agreement with Krisch & Company Accounting Corporation, for a total amount of $74,000 to provide accounting services to assist with various financial activities and audit preparation
The City Council adopted Resolution No. 2023-095.
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 Section 2-25 of the Novato Municipal Code to change the zones of benefit and increase the assessments for the Downtown Novato Business Improvement District and begin the annual assessment process for the Downtown Novato Business Improvement District (BID) in partnership with the Downtown Novato Business Association (DNBA) by:
A. Receiving a presentation by the Downtown Novato Business Association/Business Improvement District (DNBA/BID) Advisory Board of its 2023 Annual Report and 2024 Proposed BID Budget; and
B. Reviewing, including making any changes if desired, and approving the BID 2023 Annual Report and 2024 Proposed Budget to begin on January 1, 2024; and
C. Adopting a resolution declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District for calendar year 2024 and set a public hearing for December 5, 2023
Principal Management Analyst Sullina Sanchez opened the item and DNBA Executive Director Stephanie Koehler gave the presentation.
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 introduce the ordinance amending Section 2-25 of the Novato Municipal Code to change the zones of benefit and increase the assessments for the Downtown Novato Business Improvement District.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council introduced Ordinance No. 1707.
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 BID 2023 Annual Report and 2024 Proposed Budget.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
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 declaring the intention to levy an annual assessment within the Downtown Novato Business Improvement District for calendar year 2024 and set a public hearing for December 5, 2023.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-096.
The City Council took a brief recess at 7:58pm and returned at 8:06pm J. GENERAL BUSINESS
J.1. Adopt a resolution accepting the Novato Housing and Homeless Committee Work Plan for Fiscal Year 2023-2024
Principal Management Analyst Sullina Sanchez opened the item and Housing and Homeless Committee Chair Jason Sarris presented the workplan. It was suggested that the Committee include a recommendation regarding Lee Gerner Park in their workplan.
PUBLIC COMMENT:
1. David Farioli
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 accepting the workplan with the addition the Committee include a recommendation on Lee Gerner Park.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-097.
J.2. Ordinances prohibiting fires in parks and open spaces:
i. Adopt an urgency ordinance amending Sections 10-2, 10-4, 10-7, and 10-28 of Chapter X of the Novato Municipal Code to prohibit fires in parks and open spaces and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3); and
ii. Introduce an ordinance amending Sections 10-2, 10-4, 10-7, and 10-28 of Chapter X of the Novato Municipal Code to prohibit fires in parks and open spaces and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
Assistant City Manager Jessica Deakyne presented the item and responded to Council questions. It was questioned whether the prohibitions in the regular ordinance could be expanded, and the City Attorney clarified that analysis on how the expansion would impact other parts of the ordinance would be needed. It was suggested that the City Council adopt the Urgency Ordinance under this item and provide direction to staff to review updating the regular ordinance and bring a revised version back at a future Council meeting to be introduced.
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 Urgency Ordinance amending Sections 10-2, 10-4, 10-7, and 10-28 of Chapter X of the Novato Municipal Code to prohibit fires in parks and open spaces and finding the amendments to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Ordinance No. 1706.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Milberg, the City Council voted 5-0 via roll call to direct Staff to come back with the draft ordinance to look at other properties that the City owns where there is concern about fire and fire safety, especially near homes, and come back with an ordinance that would prohibit these items as well, to give an additional tool for the City.
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. PUBLIC COMMENT
None.
M. ADJOURNMENT
The City Council adjourned the meeting at 8:56pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of November 14, 2023. /Laura McDowall/
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Laura McDowall, City Clerk