NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
January 28, 2025 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:02 p.m., with Mayor O’Connor leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Tim O’Connor, Mayor Pro Tempore Rachel Farac, Councilmember Pat Eklund, Councilmember Kevin Jacobs, and Councilmember Mark Milberg
STAFF PRESENT: City Manager Amy Cunningham, Interim Public Works Director Tim Burke, Finance Director Carla Carvalho-DeGraff, Deputy Community Development Director Steve Marshall, Senior Planner Brett Walker, Associate Engineer Gosia Woodfin, Accountant Analyst Christina Canfield, 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; they would reconvene into closed session upon adjournment of the open session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Presentation from Novato Fire Protection Chief Bill Tyler and North Marin Water District General Manager Tony Williams on local fire and water resources
Novato Fire Protection District Chief Bill Tyler and North Marin Water District General Manager Tony Williams gave the presentation.
C.2 Large, Small and Microbusiness of the Year Award Winners Myriam Martinez from Myriam Martinez Coaching and Consulting, Dr. John Christman from Topo Chiropractic and Molly Foley, Kerry Fennell and Ashley Evans from Marin Human were present to accept the proclamations.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Councilmember Jacobs, the City Council voted 5-0 via roll call to approve the Final Agenda.
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
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. Dean Moser
2. Sean Gentry
3. Jason Sarris
4. Jenn Mallow
5. Robbie Powelson
6. Sara McEvoy
7. Dalyla Harris
8. Sarah Sorenson
9. Bambie Klyse
10. John Fitzgerald
G. CONSENT CALENDAR
Councilmember Eklund announced she would be pulling item G.6 off the Consent Calendar and placing it at the end of the agenda.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Consent Calendar with item G.6 removed and placed at the end of the agenda.
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
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 December 10, 2025 The City Council approved the meeting minutes of December 10, 2025.
G.3. Adopt ordinance 1721 amending the Novato Municipal Code by revising sections 19.34.030 (Accessory Dwelling Units) and 19.34.031 (Junior Accessory Dwelling Units) and finding such actions exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15282(h) and Public Resources Code 21080.17 The City Council adopted Ordinance 1721.
G.4. Adopt a resolution awarding a construction contract for Underground Fuel Tank Removal and Replacement, CIP No. 22-002 for the Base Bid in the amount of $243,775 to Able Maintenance, Inc. as the lowest responsible bidder; authorize the City Manager, or his/her designee, to execute the construction contract; and authorize the City Manager, or his/her designee, to approve contract changes up to $24,378 for a total contract amount not to exceed $268,153
The City Council adopted Resolution No. 2025-005.
G.5. Adopt a resolution authorizing the City Manager to execute an amendment to the Consultant Services Agreement 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) in the amount of $33,377.82, for a proposed total contract amount of $424,058.89
The City Council adopted Resolution No. 2025-006.
G.6. Receive and file the list of upcoming and to be determined City Council agenda items for the first quarter of 2025
This item was pulled from the Consent Calendar and placed at the end of the agenda.
G.7. Adopt a resolution authorizing the City Manager or their designee to execute an agreement with Point and Pay, LLC as the point-of-sale system for the new permitting system, the Police Department, and Finance for an initial cost of $5,000 and no anticipated change in cost for merchant fees associated with the acceptance of electronic payments
The City Council adopted Resolution No. 2025-007.
G.8. Receive and file the Quarter 4 Fiscal Year 2023/24 Budget Performance Report
The City Council received and filed the report.
G.9. Receive and File Q1 2024/25 Budget Report
The City Council received and filed the report.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
J. GENERAL BUSINESS (reordered to take first)
J.1. Receive a presentation and file the City of Novato Annual Comprehensive Financial Report (ACFR) for Fiscal Year (FY) 2022/2023 and consider adopting a resolution authorizing the transfer of the unassigned general fund balance to the Emergency and Disaster Reserve Fund per City Council policy
Finance Director Carla Carvalho-DeGraff presented the item along with Accountant/Analyst Christina Canfield and Justin Williams from MUN CPAs.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Eklund and seconded by Mayor Pro Tem Farac, the City Council voted 5-0 via roll call to file the audit and adopt the resolution authorizing the transfer of the unassigned general fund balance to the Emergency and Disaster Reserve Fund per City Council policy.
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2025-008.
The City Council took a brief recess at 8:26pm and returned at 8:35pm.
I. PUBLIC HEARINGS
I.1. Hold a public hearing and adopt a resolution for the ordering of prohibition of excavation in the traveled way of the listed streets to support the upcoming Fiscal Year 2024-25 Annual Pavement Rehabilitation project, CIP No. 25-001 pursuant to Chapter 15-2.54 of the City of Novato Municipal Code Interim Public Works Director Tim Burke presented the item along with Associate Engineer Gosia Woodfin.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Councilmember Jacobs, the City Council voted 5-0 via roll call to adopt the resolution for the ordering of prohibition of excavation in the traveled way of the listed streets to support the upcoming Fiscal Year 2024-25 Annual Pavement Rehabilitation project, CIP No. 25-001 pursuant to Chapter 15-2.54 of the City of Novato Municipal Code.
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2025-009.
I.2 Conduct a public hearing and possibly adopt a resolution modifying the Community Development Director’s conditional approval of the Martinez Land Division Tentative Parcel Map, Design Review, and development standards exceptions request to divide a 5.96-acre parcel into three (3) parcels at 10 Deer Island Lane, and find these actions to be exempt from further environmental review pursuant to California Environmental Quality Act Section 15183; and
Consider directing staff to prepare amendments to Novato Municipal Code Section 5-53 addressing the undergrounding of existing overhead utilities Senior Planner Brett Walker gave the presentation and responded to Council questions along with Finance Director Carvalho-DeGraff and Deputy Community Development Director Steve Marshall.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Mayor Pro Tem Farac, the City Council voted 5-0 via roll call to adopt the resolution modifying the Community Development Director’s conditional approval of the Martinez Land Division Tentative Parcel Map, Design Review, and development standards exceptions request to divide a 5.96-acre parcel into three (3) parcels at 10 Deer Island Lane, and find these actions to be exempt from further environmental review pursuant to California Environmental Quality Act Section 15183
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2025-010.
COUNCIL ACTION: Upon motion by Councilmember Milberg and seconded by Mayor Pro Tem Farac, the City Council voted 5-0 via roll call to direct Staff to prepare amendments to Novato Municipal Code Section 5-53 addressing the undergrounding of existing overhead utilities.
AYES: EKLUND, JACOBS, MILBERG, FARAC, O’CONNOR
NOES: NONE
Motion carried.
ITEMS PULLED FROM THE CONSENT CALENDAR
G.6. Receive and file the list of upcoming and to be determined City Council agenda items for the first quarter of 2025
Councilmember Eklund explained that she had pulled this item from the Consent Calendar to ask clarifying questions about items on the To Be Determined list and because there was no item listed regarding the use of funds received from Measure M. Council discussion ensued, and it was generally felt that the discussion regarding the use of Measure M funds should be held during the regular budget process.
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 9:30pm.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of February 25, 2025.
/Laura McDowall/
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Laura McDowall, City Clerk