NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
November 14, 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 and Councilmember Rachel Farac COUNCIL ABSENT: Councilmember Tim O’Connor
STAFF PRESENT: Acting City Manager Jessica Deakyne, Interim Public Works Director Chris DeGabriele, Deputy Community Development Director Steve Marshall, Senior Planner Kaitlin Zitelli, City Attorney Gary Bell and City Clerk Laura McDowall
OUTSIDE COUNSEL PRESENT: Christine Crowl, Jarvis Fay
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: United Against Hate Week
Multicultural Advisory Commission Chair Charles Schwarze accepted the proclamation.
C.2. Proclamation: National Family Caregivers Month
Lauren Vreeland-Long was present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember Eklund, the City Council voted 4-0-1 via roll call to approve the Final Agenda with Councilmember O’Connor absent.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
Acting City Manager Deakyne reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Jason Clymer
2. Paula Neese
3. Charles Voight
G. CONSENT CALENDAR
Councilmember Eklund announced that she would like to pull item G.13 off the Consent Calendar and place it under General Business.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Milberg and seconded by Councilmember Eklund, the City Council voted 4-0-1 via roll call to approve the Consent Calendar, with Councilmember O’Connor absent and item G.13 removed and placed at the end of General Business.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
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 26, 2023 The City Council approved the meeting minutes of September 26, 2023.
G.3. Approve the City Council closed and open session meeting minutes of October 10, 2023
The City Council approved the closed and open session meeting minutes of October 10, 2023.
G.4. Adopt Ordinance 1708 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)
The City Council adopted Ordinance 1708.
G.5. Adopt Ordinance 1709 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)
The City Council adopted Ordinance 1709.
G.6. Approve and authorize the Mayor to sign on behalf of the City a consent to simultaneous representation by Colantuono, Highsmith & Whatley, PC (CHW) of the City of Novato and the Marin County Assessor The City Council approved and authorized the Mayor to sign the consent.
G.7. Receive and file Fiscal Year 2020/2021 Measure F report The City Council received and filed the report.
G.8. Approve amended classification of Information Technology Technician I/II The City Council approved the amended classification.
G.9. Authorize the City Manager to execute an amendment to the Consultant Services Agreement (CSA) #4682 with GHD, Inc. for engineering design services for the Grant Avenue Bridge Rehabilitation, CIP Project No. 09-003, Federal-Aid Project No. BHLS-5361(023)
The City Council authorized the City Manager to execute the amendment.
G.10. Receive and file the Investment Report for FY 23/24 Quarter 1 The City Council received and filed the report.
G.11. Approve an updated City of Novato salary schedule The City Council approved the updated salary schedule.
G.12. Approve the updated job descriptions for the classifications of Public Works Director and Public Works Deputy Director
The City Council approved the updated job descriptions.
G.13. Adopt a resolution authorizing the City Manager to execute an Exclusive Negotiation Agreement by and between the City of Novato and The Sherman Group for City-Owned Properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15)
This item was removed from the consent calendar and placed under General Business.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing and consider adopting a resolution denying an appeal of an overhead utility undergrounding condition and approving the Design Review for the Moghaddasi Residence, proposed on a vacant lot on the south side of Burning Tree Drive approximately 270-Feet Northwest of Obertz Lane, APN 160-335-02
CEQA: Categorically Exempt; CEQA Guidelines Section 15303 Senior Planner Kaitlin Zitelli introduced the Moghaddassi’s who gave a presentation. Interim Public Works Director Chris DeGabriele, Deputy Community Development Department Steve Marshall, Senior Planner Zitelli, outside Counsel Christine Crowl and the Moghaddassi’s responded to Council questions.
PUBLIC COMMENT:
1. Jeanne MacLeamy
2. Dale White
It was generally felt that the appeal should be upheld, that an in-lieu fee of $1 should be implemented and that the Design Review should be approved. It was clarified that these items would return for final approval at the next City Council meeting.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Wernick, the City Council voted 4-0-1 via roll call to direct staff to bring back a resolution upholding the appeal and implementing an in-lieu fee of $1, with Councilmember O’Connor absent.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
Motion carried.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Wernick, the City Council voted 4-0-1 via roll call to bring back approval of the Design Review, with Councilmember O’Connor absent.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
Motion carried.
The City Council took a brief recess at 7:53pm and returned at 8:01pm.
I.2. Hold a public hearing and adopt a resolution for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-2.54 of the City of Novato Municipal Code Interim Public Works Director Chris DeGabriele gave the presentation.
PUBLIC COMMENT: None.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call to adopt the resolution for the ordering of prohibition of excavation in the traveled way of the streets identified in the rehabilitation list pursuant to Chapter 15-
2.54 of the City of Novato Municipal Code, with Councilmember O’Connor absent.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
Motion carried. The City Council adopted Resolution No. 2023-101.
J. GENERAL BUSINESS
PULLED FROM CONSENT
G.13. Adopt a resolution authorizing the City Manager to execute an Exclusive Negotiation Agreement by and between the City of Novato and The Sherman Group for City-Owned Properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15)
Councilmember Eklund explained that she pulled this item from the Consent Calendar because she wanted to confirm that the future lease would include a discussion on the historical resource analysis when it returned to Council at a future date.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 4-0-1 via roll call to adopt the resolution authorizing the City Manager to execute an Exclusive Negotiation Agreement by and between the City of Novato and The Sherman Group for City-Owned Properties at 900 Sherman Avenue (APN: 153-063-14) and 908 Sherman Avenue (APN: 153-063-15), with Councilmember O’Connor absent.
AYES: EKLUND, FARAC, MILBERG, WERNICK
NOES: NONE
ABSENT: O’CONNOR
Motion carried. The City Council adopted Resolution No. 2023-100.
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
At 8:20pm, the City Council adjourned the meeting in memory of Teresa Boyd, Blake Collins and Councilmember Farac’s cat Tina.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of January 9, 2024. /Laura McDowall/
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Laura McDowall, City Clerk