NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
October 24, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:00 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, Deputy City Manager Amy Cunningham, Community Development Director Vicki Parker, Finance Director Carla Carvalho-Degraff, City Attorney Gary Bell and City Clerk Laura McDowall B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Recognizing Melanie Fraley, Peter Walsh Award Recipient Melanie Fraley accepted the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund 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
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. Kim Stahley
2. Paige Martin
G. CONSENT CALENDAR
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Eklund, 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. Adopt Ordinance 1707 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)
The City Council adopted Ordinance 1707.
G.3. Receive and file the City of Novato’s first quarter payment register report for the months of July, August and September 2023
The City Council received and filed the report.
G.4. Receive and file Quarter 4 budget report for Fiscal Year 2022/2023 The City Council received and filed the report.
G.5. Receive and file Fiscal Year 2019/20 Measure F report The City Council received and filed the report.
G.6. Approve and authorize the City Manager to execute a Consultant Services Agreement (CSA) with Substrate, Inc for Construction Management, Inspections and Material Testing Services for the Grant Avenue Bridge Rehabilitation, CIP Project No. 09-003, Federal-Aid Project No. BHLS5361(023) The City Council approved and authorized the City Manager to execute the agreement.
G.7. Rescind the action taken on Agenda Item J.2. at the September 12, 2023, meeting and clarify that no committee is being created or was created at that meeting; approve a funding agreement with the Novato Historical Guild and authorize the City Manager to execute same; and direct staff to work with the Novato Historical Guild on executing the agreement and any other matters related to the agreement
The City Council rescinded the action taken on Agenda Item J.2 at the September 12, 2023 meeting, approved the agreement and directed staff to work with the Novato Historical Guild on executing the agreement and any other matters related to the agreement.
G.8. Consider adopting a resolution approving a grant of $150,000 to Marin Foster Care Association for the acquisition of 49 Ignacio Lane, contingent on securing other funding sources and agreements including deed restrictions, and approving the corresponding budget adjustment The City Council adopted Resolution No. 2023-098.
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 and file the City of Novato Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020/2021 and adopt a resolution authorizing the transfer of the unassigned general fund balance to the Emergency and Disaster Reserve Fund and the Self-Insurance Reserve fund per City Council policy
Finance Director Carla Carvalho-Degraff opened the item. Justin Williams from Mann, Urrutia, Nelson CPAs and Associates gave the presentation and responded to Council questions.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Milberg, the City Council voted 5-0 via roll call to adopt the resolution authorizing the transfer of the unassigned general fund balance to the Emergency and Disaster Reserve Fund and the SelfInsurance Reserve fund per City Council policy.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2023-099.
The City Council took a recess at 7:35pm and returned at 7:43pm.
J.2. Consider introducing an ordinance amending Section 18-15 (“Mobile Food Vending”) and adding Section 18-16 (“Sidewalk Vending”) to Chapter XVIII (“Traffic”) of the Novato Municipal Code and finding the amendments and additions to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
Community Development Director Vicki Parker presented the item.
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 introduce the ordinance amending Section 18-15 (“Mobile Food Vending”) and adding Section 18-16 (“Sidewalk Vending”) to Chapter XVIII (“Traffic”) of the Novato Municipal Code and finding the amendments and additions 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 introduced Ordinance 1708.
The City Council took a brief recess at 8:36pm and returned at 8:41pm.
J.3. Consider introducing 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)
City Manager Adam McGill presented the item. City Attorney Gary Bell recommended a revision to Subdivision D in section 5 of the ordinance to read ‘except as provided in some paragraph A’ to avoid conflicts regarding park permits.
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 introduce the 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), with the proposed changes.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried. The City Council introduced Ordinance 1709.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS K.1. Consider reviewing, discussing, and possibly making 5 appointments to the Economic Development Advisory Commission, 2 appointments to the Finance Advisory Commission, 2 appointments to the Multicultural Advisory Commission and 1 appointment to the Recreation, Cultural and Community Services Advisory Commission
City Clerk Laura McDowall presented the item, and the City Council made the following appointments to their Commissions, Committees and Boards:
Economic Development Advisory
Commission:
David Blaza
Viral Shah
Coy Smith
Thomas Young
Katie Skjerping
Finance Advisory Commission: Tina McMillan
Larisa Thomas
Multicultural Advisory Commission: Pamela Luk
Carlos Solis
Recreation, Cultural and Community
Services Advisory Commission:
Zachary Schmechel
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 appoint David Blaza, Viral Shah, Coy Smith, Thomas Young, and Katie Skjerping to the Economic Development Advisory Commission.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
COUNCIL ACTION: Upon motion by Councilmember Farac and seconded by Councilmember O’Connor, the City Council voted 5-0 via roll call to appoint Tina McMillan and Larisa Thomas to the Finance Advisory Commission.
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 appoint Pamela Luk and Carlos Solis to the Multicultural Advisory Commission.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to appoint Zachary Schmechel to the Recreation, Cultural and Community Services Advisory Commission.
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
L. WORK STUDY SESSION
There were no items for this section.
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 December 5, 2023. /Laura McDowall/
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Laura McDowall, City Clerk