NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
December 12, 2023 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:05 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: Acting City Manager Jessica Deakyne, City Attorney Gary Bell and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS - NONE
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
Acting City Manager Deakyne and the City Council gave reports.
F. PUBLIC COMMENT
1. Stan Lappin
2. Amy Peele
3. Paul Shaw
G. CONSENT CALENDAR
City Attorney Gary Bell gave an oral report on the items pertaining to the Acting City Manager and the Interim City Manager.
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.
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 Closed Session Special Meeting Minutes of November 6, 2023
The City Council approved the Closed Session Special Meeting Minutes of November 6, 2023.
G.3. Accept the work as complete and authorize the Acting City Manager to sign the Notice of Completion for the Citywide Play Structure Upgrades Project, CIP No. 22-006.
CEQA: Exempt pursuant to CEQA Guidelines Section 15301(d) Existing Facilities
The City Council accepted the work as complete and authorized the Acting City Manager to sign the Notice of Completion.
G.4. Adopt a resolution approving a written indemnification for the County of Marin, the Department of Public Works and the Marin County Board of Supervisors releasing them of any and all liability related to the scope of work within the City of Novato's jurisdiction for the updates made in the Countywide Traffic Signal Safety Improvement Project
The City Council adopted Resolution No. 2023-105.
G.5. Adopt a resolution authorizing staff to execute lease agreements for three vehicles in the amount of $34,645.68 a year and execute the purchase of two motorcycles in the amount of $67,495.78
The City Council adopted Resolution No. 2023-106.
G.6. Adopt a resolution:
1) Granting an appeal of the Design Review Commission and Planning Commission’s approval of the Moghaddasi residence;
2) Finding the proposed residence to be exempt from CEQA (CEQA Guidelines Section 15303);
3) Approving a development standards exception allowing the payment of a fee in-lieu of undergrounding existing above ground utility lines; and
4) Approving the Design Review for the residence to be located on a vacant lot on the south side of burning tree drive approximately 270- feet northwest of Obertz Lane, APN 160-335-02
The City Council adopted Resolution No. 2023-107.
G.7. Adopt a resolution ratifying the Acting City Manager’s appointment of Kate Whan, a Retired Annuitant, as Interim Public Works Administrative Manager The City Council adopted Resolution No. 2023-108.
G.8. Adopt a resolution authorizing the Interim City Manager to execute that certain ground lease agreement with Vero West 103 LLC for the lease of a portion of the City property located at 501 Davidson Street and finding the lease exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
The City Council adopted Resolution No. 2023-109.
G.9. Adopt a resolution providing a one-time performance bonus to the Acting City Manager in the amount of $4,577.26
The City Council adopted Resolution No. 2023-110.
G.10. Adopt a resolution adopting out-of-class pay for the Interim City Manager and a resolution appointing Deputy City Manager Amy Cunningham as Interim City Manager
The City Council adopted Resolution No. 2023-111 and Resolution No. 112.
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. Reorganize the City Council to appoint a new Mayor and Mayor Pro Tempore Mayor Susan Wernick opened the item and the Council discussed the Mayor and Mayor Pro Tem appointments. There was consensus that Mayor Pro Tem Milberg should serve as Mayor. While a suggestion was made for Councilmember Farac serve as Mayor Pro Tem, the majority of the Council felt that Councilmember Tim O’Connor should be appointed.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Wernick and seconded by Councilmember O’Connor, the City Council voted 5-0 via roll call to appoint Mark Milberg as Mayor
AYES: EKLUND, FARAC, O’CONNOR, MILBERG, WERNICK
NOES: NONE
Motion carried.
COUNCIL ACTION: A motion was made by Mayor Milberg and seconded by Councilmember Wernick to appoint Tim O’Connor as Mayor Pro Tem.
COUNCIL ACTION: A substitute motion was made by Councilmember Eklund and seconded by Councilmember Farac to appoint Rachel Farac as Mayor Pro Tem.
City Attorney Bell clarified that while normally action on a substitute motion would occur before a main motion, the rules for nominations did not specify that requirement so the Council could create the rules for taking the motions. It was determined that action would be taken on the main motion first.
COUNCIL ACTION: Upon Motion by Mayor Milberg and seconded by Councilmember Wernick, the City Council voted 3-2 to appoint Tim O’Connor as Mayor Pro Tem, with Councilmember Eklund and Councilmember Farac voting no.
AYES: O’CONNOR, WERNICK, MILBERG
NOES: EKLUND, FARAC
Motion carried.
The substitute motion was not entertained because the main motion passed.
Outgoing Mayor Susan Wernick and incoming Mayor Mark Milberg and Mayor Pro Tem Tim O’Connor said a few words.
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 7:02 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of January 23, 2024. /Laura McDowall/
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Laura McDowall, City Clerk