NOVATO CITY COUNCIL
MEETING MINUTES
COUNCIL CHAMBERS
901 SHERMAN AVENUE
NOVATO, CA 94945
June 9, 2026 – 6:00 PM
A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL
The City Council meeting was called to order at 6:01 p.m., with Mayor Farac leading the Pledge of Allegiance.
COUNCIL PRESENT: Mayor Rachel Farac, Mayor Pro Tempore Kevin Jacobs, Councilmember Pat Eklund, Councilmember Sandeep Karkal and Councilmember Tim O’Connor
STAFF PRESENT: City Manager Amy Cunningham, Public Works Director Chris Benigni, Finance Director Carla Carvalho-DeGraff, Deputy Director of Community Development Steve Marshall, Principal Management Analyst Jennifer Maldonado, Senior Civil Engineer Elisa Sarlatte, Senior Planner Brett Walker, Associate Engineer Petr Skala, City Attorney Gary Bell and City Clerk Laura McDowall
B. CLOSED SESSION ANNOUNCEMENT
There was no closed session.
C. CEREMONIAL MATTERS/PRESENTATIONS
C.1. Proclamation: Juneteenth
Jade Stanton and Payton Short accepted the proclamation.
C.2. Proclamation: Pride Month
Elin Zapella accepted the proclamation.
C.3. Proclamation: Honoring Love2Dance
Tara-Caprice Broadwater accepted the proclamation.
D. APPROVAL OF THE FINAL AGENDA
COUNCIL ACTION: Upon motion by Mayor Pro Tem Jacobs and seconded by Councilmember Eklund, the City Council voted 5-0 via roll call to approve the Final Agenda with Reports from the City Council & City Manager moved to the end of the agenda.
AYES: EKLUND, KARKAL, O’CONNOR, JACOBS, FARAC
NOES: NONE
Motion carried.
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER
E.1. Councilmember Proposed Agenda Item: discuss and consider naming Hamilton Amphitheater Park in honor of former Mayor and Councilmember Mark Milberg in recognition of his extraordinary public service to the City of Novato, his leadership within the Hamilton community, and his longstanding advocacy for the park and surrounding neighborhood
Councilmember Tim O’Connor presented the item and the City Council agreed to place it on a future agenda.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Pro Tem Jacobs and seconded by Mayor Farac the City Council voted 5-0 via roll call to approve the item for an upcoming meeting.
AYES: EKLUND, KARKAL, O’CONNOR, JACOBS, FARAC
NOES: NONE
Motion carried.
F. PUBLIC COMMENT
1. Lacey Barnhill
2. Fred Reece
3. Bianca Lovell-Parker
G. CONSENT CALENDAR
Councilmember Eklund announced she would be voting No on items G.6 and G.9 and pulling item G.8 and placing it at the end of the agenda. Mayor Pro Tem Jacobs announced he would be recusing himself from item G.16 due to real property that he owned.
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Councilmember Karkal, the City Council voted 5-0 via roll call to approve the Consent Calendar with Item G.8 pulled, Councilmember Eklund voting No on Items G.6 and G.9 and Mayor Pro Tem Jacobs recused from Item G.16.
AYES: EKLUND, KARKAL, O’CONNOR, JACOBS, FARAC
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 meeting minutes of May 12, 2026 The City approved the closed and open session meeting minutes of May 12, 2026.
G.3. Receive and file the Investment Report for Fiscal Year (FY) 2025/26 Quarter 3 The City Council received and filed the report.
G.4. Receive and file the Budget Performance Report for Fiscal Year (FY) 2025/26 Quarter 3
The City Council received and filed the report.
G.5. Adopt a resolution authorizing the City Manager or their designee to execute Amendment No. 2 to Agreement 5629 extending the services provided by Bureau Veritas North America Inc. (BVNA) for continued management of the Permit Center Division for a not to exceed amount of $15,000, bringing the total contract amount to no more than $215,000
The City Council adopted Resolution No. 2026-040.
G.6. Adopt a resolution authorizing the City Manager or designee to execute a Professional Services Agreement with Development Compliance Solutions (DEVCOM) for interim Deputy Building Official services and overall management support within the Permit Center Division, in an amount not to exceed $200,000
The City Council adopted Resolution No. 2026-041.
G.7. Adopt a resolution approving the plans and specifications for the 2026 Annual Pavement Rehabilitation project (CIP 26-001), authorizing bid advertisement, and finding that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2026-042.
G.8. 1. Adopt a resolution awarding a Construction Contract for the Alteration of Railroad Crossing at Olive Avenue as a part of the Olive Avenue Widening and Utility Undergrounding Project, CIP Project No.: 97-001, for the Base Bid in the amount of $490,315.00 to Stacy and Witbeck, 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 $49,031.50 for a total contract amount not to exceed $539,346.50; and
2. Adopt a resolution authorizing the City Manager, or his/her designee, to execute the construction and funding agreement between Sonoma Marin Area Rail Transit District (SMART) and City of Novato for an Alteration of Railroad Crossing at Olive Avenue Project, subject to final review and revisions approved by the City Manager and the City Attorney This item was pulled from the Consent Calendar and placed at the end of the meeting.
G.9. Adopt a resolution amending the Fiscal Year 2025/26 operating budget (Reso. 2025-055) to transfer $476,983 from the Emergency Reserve and Disaster Recovery fund (Fund 116) to eliminate the deficit in the Corporation Yard Development Impact Fee (DIF) (Fund 254)
The City Council adopted Resolution No. 2026-043.
G.10. Adopt a resolution authorizing the City Manager to execute an amendment to Professional Services Agreement 4988 with Harris & Associates for the Development Impact Fee study scope of work in the amount of $62,500 for a total contract amount of $167,450
The City Council adopted Resolution No. 2026-044.
G.11. Adopt a resolution authorizing the City Manager to execute an amendment to Professional Services Agreement 5500 with Harris & Associates for the Development Impact Fee reporting scope of work in the amount of $15,010 for a total contract amount of $89,165 and amending the FY 2025/26 Operating Budget by $15,010 (Reso 2025-055) allocated over the Development Impact Fee funds based on fund balances
The City Council adopted Resolution No. 2026-045.
G.12. Approve the final artwork for the mural to be installed on the concrete retaining wall located at the Downtown Recreation Center/Pocket Park facility, 950 Seventh Street, as recommended by the Recreation, Cultural & Community Services (RCCS) Commission, developed in partnership with the Marin County Youth Commission (MCYC), participating student artists, and local mural artist Heather Phelps; and, allocate an amount not to exceed $21,461 from the Public Art Fund (Fund 215) to support mural design, materials, and installation costs associated with the project The City Council approved the final artwork and allocated the funds.
G.13. Adopt a resolution of intention to levy assessments for Fiscal Year 2026/27 for Landscape Assessment District A 03 in the San Pablo Subdivision; and, set a public hearing date of July 14, 2026, to confirm or revise the Fiscal Year 2026/27 assessments proposed in the Engineer's Report CEQA: Exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2026-046.
G.14. Adopt a resolution of intention to levy assessments for Fiscal Year 2026/27 for Landscape Assessment District C-91 in the Wildwood Glen Subdivision; and, set a public hearing date of July 14, 2026, to confirm or revise the Fiscal Year 2026/27 assessments proposed in the Engineer's Report CEQA: Exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2026-047.
G.15. Adopt a resolution of intention to levy assessments for Fiscal Year 2026/27 for Landscape Assessment District A-91 in the Hillside Park Unit 4 Subdivision; and, set a public hearing date of July 28, 2026, to confirm or revise the Fiscal Year 2026/27 assessments proposed in the Draft Engineer's Report
CEQA: Exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2026-048.
G.16. Adopt a resolution of intention to levy assessments for Fiscal Year 2026/27 for Landscape Assessment District A-81 in the San Marin Area; and, set a hearing date of July 14, 2026 to confirm or revise the Fiscal Year 2026/27 assessments proposed in the Engineer's Report
CEQA: Exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities
The City Council adopted Resolution No. 2026-49.
H. UNFINISHED AND OTHER BUSINESS
There were no items listed for this section.
I. PUBLIC HEARINGS
I.1. Hold a public hearing to: 1) consider an appeal of the Planning Commission’s Certification of the Final EIR for and approval of the Costco Fuel Facility; and 2) possible action to adopt resolutions regarding: (a) Certifying the Final EIR and adopting a Mitigation Monitoring and Reporting Program (MMRP); and (b) Approving the Design Review and Use Permit for the Costco Fuel Facility proposed adjacent to the existing Costco Wholesale store at Vintage Oaks at Novato. APN 153-340-36; 300 Vintage Way Senior Planner Brett Walker presented the item and responded to Council questions along with Amy Lopez from Kittleson and Associates, Dan Dockendorf from Kleinfelder and Sarah Manzano from Ramboll. Silke Valentine and Susan Stompe presented on behalf of the appellants. Sean Anderson, Chris Ferko, Amy Lopez and Dan Dockendorf presented on behalf of the applicant, and the appellants gave a rebuttal.
The City Council took a recess at 7:45 p.m. and reconvened at 7:59 p.m.
PUBLIC COMMENT:
1. Karen Berke
2. Jeremy Hogan
3. Kate Powers
4. Curtis Havel
5. Kim Stahley
6. David Miller
7. Seth Shorett
8. Julia Janeway
9. Pablo Pastor
10. Denise Athas
11. Kathleen Burgi-Sandell
12. Jim Burroughs
13. Robert Atkinson
14. Michal Rokeach
15. JP Ferind
16. Patti McKenna
Council discussion ensued regarding lighting at the proposed station, and it was suggested that a condition of approval be added that stated “All non-essential exterior lighting shall be turned off after 11:00 p.m. pursuant to Novato Municipal Code Section 19.22.060. Necessary security lighting may remain on after 11:00 p.m.” Concerns were expressed regarding the project, however it was generally felt that the project should be approved with the additional condition of approval.
COUNCIL ACTION: Upon motion by Mayor Pro Tem Jacobs and seconded by Councilmember O’Connor the City Council voted 4-1 via roll call to adopt the resolution certifying the Final EIR and adopting a Mitigation Monitoring and Reporting Program (MMRP); and adopt a resolution approving the Design Review and Use Permit for the Costco Fuel Facility proposed adjacent to the existing Costco Wholesale store at Vintage Oaks at Novato.
APN 153-340-36; 300 Vintage Way, including the additional condition of approval, with Mayor Farac voting No.
AYES: EKLUND, KARKAL, O’CONNOR, JACOBS
NOES: FARAC
Motion carried. The City Council adopted Resolution No. 2026-050 and Resolution No. 2026-051.
The City Council took a brief recess at 9:11 p.m. and returned at 9:17 p.m.
I.2. Hold a budget hearing, receive public comment on the Fiscal Year (FY) 2026/27 Preliminary Operating and Capital Improvement Budgets, and provide any final input to Staff. A resolution for adoption of the Operating and Capital Budgets will be presented to the City Council on June 23, 2026 City Manager Amy Cunningham opened the item and Finance Director Carla Carvalho-DeGraff gave the presentation along with Principal Management Analyst Jennifer Maldonado.
PUBLIC COMMENT:
1. Brad Witherspoon
2. John Hansen
3. David King
I.3. Hold a public hearing and consider adopting a resolution finding and determining that the public interest, convenience and necessity require the acquisition for public purposes by eminent domain of certain real property located at 1610 Novato Boulevard, Novato, CA (a portion of APN 141-304-18) (Carolina R. Reyes and Carmen R. Gonzalez ownership)
Public Works Director Chris Benigni opened the item. Senior Civil Engineer Elisa Sarlatte gave the presentation and property owner Carolina Reyes addressed the Council.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Mayor Farac and seconded by Mayor Pro Tem Jacobs, the City Council voted 5-0 via roll call to adopt the resolution finding and determining that the public interest, convenience and necessity require the acquisition for public purposes by eminent domain of certain real property located at 1610 Novato Boulevard, Novato, CA (a portion of APN 141-304-18) (Carolina R. Reyes and Carmen R. Gonzalez ownership).
AYES: EKLUND, KARKAL, O’CONNOR, JACOBS, FARAC
NOES: NONE
Motion carried. The City Council adopted Resolution No. 2026-052.
J. GENERAL BUSINESS
There were no items listed for this section.
ITEMS PULLED FROM THE CONSENT CALENDAR
G.8. 1. Adopt a resolution awarding a Construction Contract for the Alteration of Railroad Crossing at Olive Avenue as a part of the Olive Avenue Widening and Utility Undergrounding Project, CIP Project No.: 97-001, for the Base Bid in the amount of $490,315.00 to Stacy and Witbeck, 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 $49,031.50 for a total contract amount not to exceed $539,346.50; and
2. Adopt a resolution authorizing the City Manager, or his/her designee, to execute the construction and funding agreement between Sonoma Marin Area Rail Transit District (SMART) and City of Novato for an Alteration of Railroad Crossing at Olive Avenue Project, subject to final review and revisions approved by the City Manager and the City Attorney Councilmember Eklund explained that she pulled this item from the Consent Calendar to ask clarifying questions regarding the bids received and the cost sharing agreement, to which Public Works Director Chris Benigni responded along with Associate Engineer Petr Skala. While concerns were expressed regarding the difference in cost between the Engineer’s estimate and the bids received and the reimbursement agreement between the City and the Sonoma Marin Area Rail Transit (SMART) District, it was generally felt that the item should be approved.
PUBLIC COMMENT: None
COUNCIL ACTION: Upon motion by Councilmember O’Connor and seconded by Mayor Pro Tem Jacobs, the City Council voted 4-1 via roll call to adopt the resolution awarding a Construction Contract for the Alteration of Railroad Crossing at Olive Avenue as a part of the Olive Avenue Widening and Utility Undergrounding Project, CIP Project No.: 97-001, for the Base Bid in the amount of $490,315.00 to Stacy and Witbeck, 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 $49,031.50 for a total contract amount not to exceed $539,346.50; and adopt the resolution authorizing the City Manager, or his/her designee, to execute the construction and funding agreement between Sonoma Marin Area Rail Transit District (SMART) and City of Novato for an Alteration of Railroad Crossing at Olive Avenue Project, subject to final review and revisions approved by the City Manager and the City Attorney, with Councilmember Eklund voting No.
AYES: KARKAL, O’CONNOR, JACOBS, FARAC
NOES: EKLUND
Motion carried. The City Council adopted Resolution No. 2026-053 and Resolution No. 2026-054.
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
E. REPORTS FROM THE CITY COUNCIL & CITY MANAGER (moved to end) There were no reports.
M. ADJOURNMENT
At 10:25 p.m., the City Council adjourned the meeting in memory of Leland Gustafson.
I HEREBY CERTIFY that the foregoing minutes were duly and adopted at the Novato City Council regular meeting of June 23, 2026.
/Laura McDowall/
__________________
Laura McDowall, City Clerk