NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
September 24, 2024 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:07 p.m., with Mayor Milberg leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Mark Milberg, Mayor Pro Tempore Tim O’Connor Councilmember Pat Eklund, Councilmember Rachel Farac, and Councilmember Susan Wernick
STAFF PRESENT: City Manager Amy Cunningham, Community Development Director Clare Hartman, Finance Director Carla Carvalho-Degraff, Deputy Community Development Director Steve Marshall, 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 - United Against Hate Week
Multicultural Advisory Commission Chair Cliff Jacobs accepted the proclamation.
C.2 Proclamation - National Service Dog Month
Representatives from Canine Companions were present to accept the proclamation.
D. APPROVAL OF THE FINAL AGENDA
Before approval of the Final Agenda, City Attorney Gary Bell stated that items J.1 and J.2 would be removed from the agenda.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem, the City Council voted 5-0 via roll call to approve the Final Agenda with items J.1 and J.2 removed.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
City Manager Cunningham reported on various City matters and the City Council gave reports on meetings and events they had attended.
F. PUBLIC COMMENT
1. Ken Eichstaedt
2. Sofia Osotio
3. Bernie Meyers
4. Robbie Powelson
5. Jen Mallow
6. Jason Sarris
7. Lovely Wine
8. Donald Cowan
9. Christie Howell
10. Bambi Klyse
11. Mike L.
12. Jessica May
13. Renelle
14. David Tillotson
15. David Fariello
16. Sara McEvoy
17. Elisa Cleek
The City Council took a brief recess from 7:26 pm to 7:32 pm.
G. CONSENT CALENDAR
Councilmember Eklund announced that she would like to pull item G.12 from the Consent Calendar and place it at the end of General Business.
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 with item G.12 pulled and placed under General Business.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
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 City Council meeting minutes of July 23, 2024
The City Council approved the closed and open session meeting minutes of July 23, 2024.
G.3. Approve the closed and open session City Council meeting minutes of August 27, 2024
The City Council approved the closed and open session meeting minutes of August 27, 2024.
G.4. Appoint Councilmember Pat Eklund as the representative to the Marin County Sea Level Rise Governance Steering Committee
The City Council appointed Councilmember Eklund as the representative to the Marin County Sea Level Rise Governance Steering Committee.
G.5. Adopt the City Council meeting schedule for 2025, holding a regular City Council meeting every second and fourth Tuesday with certain exceptions The City Council adopted the meeting schedule for 2025.
G.6. Adopt a resolution accepting a $119,000 Selective Traffic Enforcement Program (STEP) grant from the California Office of Traffic Safety (OTS) and amend the budget for Fund 231 – Special Police Projects to increase expenditures and revenues in the amount of the grant and authorize the City Manager to execute the grant agreement and related operating budget adjustments
The City Council adopted Resolution No. 2024-087.
G.7. Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Environmental Geology Services for testing and design support, in the sum of $148,461.50, which includes a 10% contingency, for the Underground Fuel Tank Replacement, CIP No. 22-002 The City Council adopted Resolution No. 2024-088.
G.8. Adopt a resolution authorizing the City Manager to execute agreements for on-call as-needed municipal engineering, design and construction management services with CSW-ST2, Kimley Horn and Associates, Inc., Pavement Engineering Inc., Schaaf and Wheeler Consulting Engineers, Verde Design, Inc., and W-Trans for a three-year period in an amount not-toexceed $300,000 per consultant, with no obligation for the City award any work during this timeframe
The City Council adopted Resolution No. 2024-089.
G.9. Adopt a resolution authorizing the City Manager to execute agreements for on-call as-needed maintenance services with the following contractors:
ACCO Engineered Systems, DC Construction, Inc., Land Revision, Natalini Industries LLC, SkyView Tree Experts Inc., Valentine Corporation, and West Coast Arborists Inc. for a three-year period in an amount not-to-exceed $100,000 per contractor per agreement, with staff oversight and no obligation for the City to award any work during this timeframe The City Council adopted Resolution No. 2024-090.
G.10. Accept the work as complete and authorize the City Manager to sign the Notice of Completion for the Marin Valley Mobile Country Club (MVMCC) Pump Station No. 1 Improvements, CIP Project #19-302
The City Council accepted the work as complete and authorized the City Manger to sign the Notice of Completion.
G.11. Adopt a resolution amending the Fiscal Year (FY) 2024/25 capital improvement program budget to appropriate funding to CIP 22-004 Pioneer Park Play Area Upgrades in the amount of $70,426 from the American Rescue Plan Act (ARPA - Fund 245) and $8,500 from Restricted Revenue (Fund 240); and, accepting the work as complete and authorizing the City Manager to sign the Notice of Completion for the Pioneer Park Play Area Upgrades. CIP No. 22-004
The City Council adopted Resolution No. 2024-091.
G.12. Receive and file the list of upcoming and to be determined City Council agenda items for the third quarter of 2024
This item was pulled 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 (continued from August 27, 2024)
I.1. 1st Street & Grant Avenue Mixed-Use (P2023-057)
AB 2011 Objective Design Review, Tentative Map, & Density Bonus Public Hearing to consider and adopt a resolution approving 1st Street & Grant Avenue Mixed-use, including 170 Multi-Family Dwellings (apartments), 8,010 square feet of Ground Floor Retail Space, a 900 Square Foot Ground Floor Leasing Office, and associated parking and site improvements at 1107 Grant Avenue (APNs 141-282-04 & -07)
Deputy Community Development Director Steve Marshall presented the item, explaining that the City Council had first heard the item at the August 27, 2024, City Council Meeting, but it had been continued due to questions surrounding remediation of a leaking underground storage tank at the site.
Director Marshall stated that AMG had been unable to obtain documentation demonstrating the site was acceptable for residential use in advance of the meeting, however AMG was requesting the City Council reconsider conditionally approving 1st & Grant as originally recommended by staff on the basis it understands the hazardous materials matter must be resolved to obtain construction permits for the project. Director Marshall further stated that as an alternative to a conditional approval, a tolling agreement could be executed in which AMG voluntarily agrees to defer the statutory deadline applicable to 1st & Grant to a date certain to give them additional time to work with State agency staff to address the hazardous materials issue.
PUBLIC COMMENT:
1. Kevin Jacobs
2. Dale Klein
3. Kevin Cleek
It was generally felt that a tolling agreement should be executed to defer the statutory deadline for the project for 18 months with the understanding that if compliance regarding the remediation was received prior then the project could return earlier, to which the applicant agreed.
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Farac, the City Council voted 5-0 via roll call to exercise the tolling agreement.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
J. GENERAL BUSINESS
J.1. 1. Receive the Housing and Homeless Committee’s State of Housing and Homelessness Report; and
2. Consider adopting a resolution approving the closure of the Temporary Encampment located at Lee Gerner Park in accordance with the terms of the associated settlement agreement; and
3. Consider adopting a resolution authorizing the City Manager or their designee to execute an agreement with DLB Construction Consulting for services at Lee Gerner Park and find that the approval thereof is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA guidelines sections 15269(b) and 15301- 15304; and
4. Consider providing direction to staff on returning to Council with an agreement for services from Specialized Assistance for Everyone (SAFE) This item was removed from the agenda.
J.2. Consider introducing an ordinance repealing Novato Municipal Code section 14-20.8 and amending Section 7-11.3 regarding unlawful camping to align with recent changes in law and finding the ordinance exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3)
This item was removed from the agenda.
J.3 Receive the Community Development Department’s Service Improvements Phase 1 September 2024 report regarding actions taken in response to the Building Division Organization Assessment report prepared by Baker Tilly US, LLC in March 2024
Community Development Director Clare Hartman gave the presentation and responded to Council questions.
PUBLIC COMMENT:
1. Tom Young
COUNCIL ACTION: Upon motion by Councilmember Eklkund and seconded by Mayor Pro Tem O’Connor, the City Council voted 5-0 via roll call to accept the report.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
The City Council took a recess between 9:55pm and 10:03pm.
J.4 Discuss and provide feedback on establishing a City of Novato Loan Policy Finance Director Carla Carvalho-Degraff presented the item, and the City Council provided feedback. It was generally felt that rather than a policy, the Council Policy Manual should be updated to include a statement that the City does not do loans to outside organizations, and in the event on is ever requested it would require a super majority of the Council for approval.
PUBLIC COMMENT:
1. Larissa Thomas
COUNCIL ACTION: Upon motion by Mayor Pro Tem O’Connor and seconded by Councilmember Wernick, the City Council voted 5-0 via roll call to include a statement in the Council Policy Manual that the City does not do loans to outside organizations, and in the event on is ever requested it would require a super majority of the Council for approval.
AYES: EKLUND, FARAC, WERNICK, O’CONNOR, MILBERG
NOES: NONE
Motion carried.
ITEMS PULLED FROM THE CONSENT CALENDAR
G.12. Receive and file the list of upcoming and to be determined City Council agenda items for the third quarter of 2024
Councilmember Eklund explained that she pulled the item because she wanted to request an item be added to a meeting in October regarding potential uses of Measure M funds if it were to pass, to which the City Council agreed.
PUBLIC COMMENT: None
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 10:36pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of October 22, 2024. /Laura McDowall/
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Laura McDowall, City Clerk