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City Council
Agenda
901 SHERMAN AVENUE
NOVATO, CA 94945
Tuesday, July 22, 2025 - 6:00 PM
Mayor
Tim O’Connor
Mayor Pro Tempore
Rachel Farac
Councilmembers
Pat Eklund
Kevin Jacobs
Mark Milberg
City Manager
Amy Cunningham
City Attorney
Gary Bell
City Council meeting are usually held each month on the second and fourth Tuesdays at 6:00 p.m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (415) 899-8986. Notification at least 48 hours prior to the meeting will enable the City to make reasonable accommodation to help ensure accessibility to this meeting.
The agenda is divided into three main sections and includes other categories covering routine business.
All references to “City Council” include those other agencies which may be listed at the top of the Agenda.
The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The Council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.
Supplemental Materials
Public Participation Options
Members of the Public may participate and provide public comments for the City Council as follows:
• Written public comments may be submitted via eComment. Written public comments received more than 3 hours before the start of the meeting will be distributed to the Council prior to the meeting.
Written public comments will not be read during the meeting. • In-person public comments may be made at the meeting, which are held in the Novato City Council Chambers located at 901 Sherman Avenue.
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The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period, if the subject raised is not within the subject matter jurisdiction of the City Council, or during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.
The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed.
All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
B. CLOSED SESSION ANNOUNCEMENT
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. 4th of July Parade Winners
D. APPROVAL OF THE FINAL AGENDA
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
F. PUBLIC COMMENT
All members of the public wishing to address the City Council are requested to submit a speaker card in advance to the City Clerk. (Please remember that all comment cards are PUBLIC RECORDS).
The Mayor will call the names of speakers from the cards. In addition to receiving comment from the public during the Public Comment period, the Mayor will recognize persons from the audience who wish to address the City Council on a particular agenda item at the time that item is considered by the City Council.
There is a three-minute time limit to speak although the Mayor may shorten the time based on the number of speakers or other factors. A speaker may not yield his or her time to another speaker. For issues raised during Public Comment that are not on the published agenda, except as otherwise provided under the Ralph M. Brown Act, no action can legally be taken. The City Council may direct that the item be referred to the City Manager for action or may schedule the item on a subsequent agenda.
G. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by a single vote of the Council. There will be no separate discussion unless specific items are removed from the Consent Calendar for separate discussion and action. Any Councilmember may remove an item from the Consent Calendar and place it under General Business for discussion.
G.1. Waive reading and authorize introductions and/or adoption of ordinances by title only this is a standard procedural action so that the City Council does not have to read an ordinance aloud in its entirety.
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G.2. Approve the City Council meeting minutes of June 24, 2025 Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - June 24, 2025
G.3. Approve the closed and open session City Council meeting minutes of July 8, 2025
Staff contact: Laura McDowall, City Clerk, 899-8986
Minutes - July 8, 2025
G.4. Adopt ordinance 1724 to add Section 18-18 to Chapter XVIII of the Novato Municipal Code to prohibit those under 16 years of age from operating a Class 2 e-bike, as defined in California Vehicle Code Section 312.5, and require any person operating a Class 2 e-bike to wear a helmet Staff contact: Terri Brown, Assistant City Clerk, 899-8902 Staff Report - Ordinance 1724 Adoption
Attachment 1 - Ordinance 1724
G.5. Adopt Ordinance 1725 amending Novato Municipal Code (“NMC”) Chapter XIX (Zoning) Division 19.34 (Standards for Specific Land Uses) to establish Section 19.34.029 specifying standards for Senate Bill 9 dwelling units (“SB 9 Dwelling Units”) and amend NMC Chapter IX (Land Subdivision) to establish Section 9-8 specifying standards for Urban Lot Splits, including associated modifications to Municipal Code Sections 19.10.040 (Residential Zoning District General Development Standards), 19.30.040 (Number of Parking Spaces Required), 19.58.020 (Notice of Public Hearing or Discretionary Action), 19.60.020 (Definitions of Specialized Terms and Phrases), and 9-5.023 (Definitions - Words or Terms Beginning with “U”) to comply with California Government Code Sections 65852.21 and 66411.7, finding the amendments to be exempt from the requirements of the California Environmental Quality (“CEQA”) pursuant to Government Code Section 65852.21(k) and 66411.7(n) and Public Resources Code Section 21080.17, and repealing City Council Urgency Ordinance No. 1678 Staff contact: Terri Brown, Assistant City Clerk, 899-8902 Staff Report - Ordinance 1725 Adoption
Attachment 1 - Ordinance 1725
G.6. Receive and file a letter of opposition to Senate Bill 445 (Wiener) signed by the Mayor sent in response to a League of California Cities Action Alert Staff contact: Amy Cunningham, City Manager, 899-8900
Staff Report - Letter of Opposition SB 445
Attachment 1 - SB 445 Opposition Letter
Attachment 2 - Full Text of SB 445
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G.7. Adopt a resolution authorizing the City Manager or their designee to execute Amendment No. 1 to Agreement 5629 extending the services provided by Bureau Veritas North America Inc. for continued assistance with the Permit Center Division for a not exceed amount of $200,000 ending on June 30, 2026
Staff contact: Clare Hartman, Community Development Director Staff Report - Bureau Veritas Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Amendment
Attachment 3 - Scope of Work
G.8. Introduce an ordinance amending Section 2-29 of the Novato Municipal Code establishing an Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments and finding the ordinance exempt from the California Environmental Quality Act (CEQA)
Staff contact: Carla Carvalho-DeGraff, Finance Director, 899-8900 Staff Report - Admin Remedies to Challenge Fees
Attachment 1 - Draft Ordinance
G.9. Adopt a resolution authorizing the City Manager to amend agreement 5419 with Whitlock & Weinberger Transportation, Inc. by adding an additional $30,000 for a total not to exceed $230,000 for their professional services agreement ending on October 30, 2025
Staff contact: Emily Warne, Management Analyst II, 899-8900 Staff Report - W-Trans Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Contract Amendment
G.10. Adopt resolutions to authorize the City Manager or designee to approve the Memorandum of Understanding (MOU) for the Novato Police Civilian Employees Association (Unit H) and Compensation plans for the Engineers Unit (Unit E), Confidential Employees (Unit F), and Exempt Management (Unit G) for the period of July 1, 2025 through June 30, 2028, update the Personnel Rules & Regulations, and update the salary schedules for the Novato Police Civilian Employees Association (Unit H), the Engineers (Unit E), Confidential Employees (Unit F), and Exempt Management (Unit G) and amend the FY 2025/26 Operating Budget adopted June 24, 2025 (Resolution 2025-055)
Staff contact: Amy Cunningham, City Manager, 899-8900
Staff Report - Unit H MOU & Unit E, F and G Comp Plans
Attachment 1 - Draft Resolutions 1 2 and 3
Attachment 2 - MOU for Unit H
Attachment 3 - Compensation Plan for Unit E
Attachment 4 - Compensation Plan for Unit F
Attachment 5 - Compensation Plan for Unit G
Attachment 6 - Personnel Rules and Regulations
Attachment 7 - Salary Schedule
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G.11. Adopt a resolution authorizing the City Manager or their designee to execute a second amendment to Professional Services Agreement 5471 with Krisch & Company Accounting Corporation to extend services through June 30, 2026, updating scope of services and fee schedule, and adding an additional $51,000 to increase the not-to-exceed amount to $125,000 Staff contact: Stacey Hoggan, Management Analyst I, 899-8900 Staff Report - Kirsch and Co Agreement Amendment
Attachment 1 - Draft Resolution
Attachment 2 - Draft Agreement Amendment
H. UNFINISHED AND OTHER BUSINESS
There are no agenda items.
I. PUBLIC HEARINGS
Public Hearings are announced and advertised in advance to allow interested persons to make comments for, against, or otherwise, regarding a proposed project or decision. Anyone who challenges any hearing matter in court may be limited to only those issues raised at the public hearing described therein, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
I.1. Hold a public hearing and consider adopting a resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Olive Avenue Widening and Utility Undergrounding Project (SCH# 2025060166), CIP Project No.: 97-001 under the requirements of the California Environmental Quality Act (CEQA
Staff contact: Petr Skala, Associate Engineer, 899-8900 Staff Report - Olive Ave MMRP
Attachment 1 - Draft Resolution
Attachment 2 - CIP Budget Sheet
Presentation
I.2. Hold a public hearing and consider introducing an ordinance to add Section 4-4 to Chapter IV of the Novato Municipal Code to adopt and incorporate by reference the Uniform Code for Abatement of Dangerous Buildings (1997) and finding the adoption of the ordinance exempt from the California Environmental Quality Act (CEQA)
Staff contact: Clare Hartman, Community Development Director, 899-8900 Staff Report - Dangerous Building Ordinance
Attachment 1 - Draft Ordinance
Presentation
J. GENERAL BUSINESS
There are no agenda items.
K. COMMISSIONS, COMMITTEES AND BOARDS (CCB’S) APPOINTMENTS This section is used by the City Council to make appointments to fill vacancy/vacancies on their Commissions, Committees and Boards.
L. WORK STUDY SESSION
There are no agenda items.
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M. ADJOURNMENT
Materials that are submitted to members of the City Council after the distribution of the agenda packet will be made available to the public at the time it is provided to the City Council.
AFFIDAVIT OF POSTING
I, Laura McDowall, certify that on the Thursday before the Council meeting of July 22, 2025, the agenda was posted on the City Community Service Board at 922 Machin Ave in Novato, California and on the City’s website at novato.org.
/Laura McDowall/
Laura McDowall, City Clerk