Novato City Council Regular Meeting - May 7, 2024 - Housing Element Adoption and Financial Report
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Novato City Council Meeting Summary - May 7, 2024
The Novato City Council held a regular meeting on Tuesday, May 7, 2024, at 6:00 PM. The meeting included proclamations for National Police Week and Gun Violence Awareness Day, approval of the consent calendar, a presentation and adoption of the FY 2021-2022 Annual Comprehensive Financial Report (ACFR), a public hearing on the adoption of the revised 6th Cycle Housing Element, and a public hearing on the mobilehome rent control ordinance amendment. Councilmember Rachel Farac was absent.
Consent Calendar
- Approved the consent calendar unanimously (4-0), including:
- Ratification of appointments to various commissions and committees.
- Resolution authorizing an amendment to Professional Services Agreement with TeamCivX, adding $72,000 for a total not to exceed $131,500.
- Received and filed the Q1 2024 Strategic Plan Progress Report.
- Received and filed the Q3 FY 2023/24 Investment and Budget Reports.
Public Comments & Testimony
- General Public Comment: Patrick McNicholas raised concerns about an open fire near open space in the Scottsdale Marsh area, citing fire danger and lack of enforcement despite a recent ordinance against open fires in open space. He provided photos to the Mayor and Council.
- Housing Element Public Hearing: Zachary Griggy expressed support for the housing element and provided detailed analysis of census vacancy data, noting that roughly 600 units are classified as vacant, including 100 mobile home units (56 from Marin Valley, 50 from Los Robles), 334 single-family homes, and other units. He found the numbers "head-scratching" and encouraged verification.
- Mobilehome Rent Control Public Hearing: Katie Cartwright, HOA President of Los Robles Mobile Home Park, thanked the Council for balanced revisions, praising the 4% cap and enhanced tenant representative role. Steven Rosenfeld, HOA Secretary, requested an explicit statement that all leases are covered, lower filing fees, and clarification on rent increases upon vacancy or sale of homes.
Discussion Items
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Annual Comprehensive Financial Report (ACFR) for FY 2021/2022: Finance Director Carla Carvalho-Degraff and staff presented the audit results. The city received an unmodified (clean) opinion. Key points included:
- Net position increased by $10 million, largely due to ARPA funding and revenue in special revenue funds.
- The unassigned general fund balance is $2,178,183.
- Staff recommended transferring the unassigned balance to the Emergency and Disaster Reserve Fund, which would bring the reserve to approximately 20% of FY 2023-24 operating expenses.
- Audit partner Justin Williams of MUN CPAs highlighted that material weaknesses dropped from 4 to 3, significant deficiencies from 2 to 1, and audit adjustments decreased from 65 in 2020 to 7 in 2022. The next audit (FY 2022-23) is planned for September 2024, with issuance expected by January 2025.
- Councilmembers praised staff for the progress and asked detailed questions about findings, GASB 87 implementation, and future staffing needs.
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Revised 6th Cycle Housing Element Adoption: Community Development Director Clare Hartman, along with consultants, presented the revised Housing Element (2023-2031). The city previously adopted an element in January 2023 but revised it to address state HCD comments. Key points:
- The element includes a regional housing needs allocation of 2,090 units, about 260 units per year, with 42% targeted for very low- and low-income households.
- Since adoption, the city has produced 104 units, including 82 in 2023, thanks to projects like Homeward Bound and ADU interest.
- The city has already rezoned two sites to meet state deadlines.
- Councilmembers asked questions about vacant residential properties, inclusionary housing ordinance, planned development zoning, parking standards, emergency shelter beds, and low-barrier navigation centers.
- No other public comments were made; the item received a unanimous motion to adopt.
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Mobilehome Rent Control Ordinance Amendment: City Attorney Gary Bell presented proposed changes to Chapter 20 of the Municipal Code. The revisions include:
- Capping annual space rent increases to CPI or 4%, whichever is lower.
- Clarifying that rent adjustments take effect January 1 following notice.
- Permitting park owners to petition for rent increases based on beneficial capital improvements, including those required by government orders.
- Clarifying petition formats and content.
- Establishing a process for tenants to initiate improvement requests.
- Establishing a process for settlement negotiations with cost-shifting if a party rejects a reasonable offer.
- Establishing a process for tenant representatives.
- Establishing a process for tenants to petition for rent reductions due to service reductions.
- Councilmembers discussed the 4% cap origin, vacancy control provisions, and responses to public comments. Due to late hour and staff timeline, the Council directed staff to incorporate additional clarifications (e.g., explicit statement that all leases are covered) and return the ordinance for first reading on June 11, 2024.
Key Outcomes
- Approved the consent calendar unanimously (4-0).
- Received and filed the FY 2021-2022 ACFR and adopted Resolution authorizing transfer of $2,178,183 unassigned general fund balance to the Emergency and Disaster Reserve Fund (4-0).
- Adopted Resolution amending the General Plan 2035 to adopt the Revised 6th Cycle Housing Element (4-0).
- Directed staff to return with revised mobilehome rent control ordinance incorporating additional clarifications (explicit lease coverage, fee structure, and vacancy/rent increase clarity) for a future meeting (June 11, 2024).
Adjournment
The meeting adjourned in memory of Will Travis, former executive director of the Bay Conservation and Development Commission, who passed away and was praised for his role in saving San Francisco Bay.
Meeting Transcript
evening welcome to the Novato City Council open session of Tuesday, May 7th, 2024. And I'd like to ask if you uh would join me in the Pledge of Allegiance, please. Please stand. I pledge allegiance to the divine of the United States of America. And to stand underground. Thank you. Laura, if you could please do the roll call. Councilmember Eklund. Present. Councilmember Farack is absent. Councilmember Warnick. Present Mayor Pro Tem O'Connor. Present. And Mayor Milberg. Present, thank you so much. So the city did meet City Council did meet in closed session. And I'll move to my city attorney to ask if there's anything poured out for us. Yes thank you Mayor and Council members. There's nothing to report out of closed session. Thank you, sir. Okay, we do have uh two proclamations this evening um and so my uh council members please join me up front we won't ask the uh police to sing but some pretty good music going on out there tonight uh so I do want to ask that our wonderful chief of police Jim Noggle to please come up and join me and members of the Novado police department to please come up and accept the nomination I mean it's the proclamation yes Novato's finest Marin County's finest as well I gotta say it's one of the best pleasures of my uh job as mayor to get to know you all a little bit better so I can't thank you enough for all that you do for this city to make us safe and to make us viable here so tonight I'm going to uh do this proclamation recognizing National Police Week whereas in 1962 President John F. Kennedy signed a proclamation which designated May 15th as Peace Officers Memorial Day and the week in which that date falls is National Police Week and whereas it is important that all citizens know and understand the problems duties and responsibilities of their police department and whereas it is also important that members of our police department recognize their duty to serve the people by safeguarding life and property by protecting them against violence or disorder and protecting the innocent from deception oppression or intimidation and whereas the members of the law enforcement agencies in Marin County and the Novato Police Department play an essential role in safeguarding the rights and freedoms of the residents and visitors of the City of Novato and the County of Marin and whereas the city of Novato has declared law enforcement officer safety and wellness a top priority and whereas the National Novato Police Department is a modern and scientific law enforcement agency which unceasingly provides a vital public service and whereas in conjunction with National Police Week the City of Novado would like to honor and recognize the contributions of all law enforcement officers that have been killed in the line of duty and publicly recognize National Police Week. Now therefore be it resolved that the City Council of the City of Novato on behalf of the residents of Novato hereby observe the week of May 12th through May 18 2024 as National Police Week and May 15th as Peace Officers Memorial Day to honor those officers who through their courageous deeds have sacrificed in the performance of duty thank you so much Chief Nog would you like to say a few words of course never gonna miss an opportunity to brag about my people a little bit but no I just want to say thank you mayor thank you the council for for this recognition I have to say the support that we've received from this council from the city staff and from the community has been like nothing I've ever experienced in my career in you know and spent a little bit of time here and it's not hard to see you know working with such great human beings so you know thank you for the recognition they deserve it and and I thank you. And if you would uh join over there in the Novato Proud to get a picture for for the city, that'd be great. Thank you so much. Thank you, Council Rox, thank you. Thank you so much. Thank you, sir. Thank you, sir. Thank you, sir. Congratulations, thank you. Congratulations again. Thank you. Thank you very much. We've been together for a long time. Thank you. Okay. We have one other proclamation this evening. And uh it is recognizing National Gun Violence Awareness Day. Whereas every day, more than 120 Americans are killed by gun violence alongside more than 200 who are shot and wounded. And on average, there are more than 17,730 gun homicides every year. And whereas Americans are 25 times more likely to die by gun homicide than people in other high-income countries. Every year, an average of 1,514 people in California die by gun homicides, and 3,459 are wounded by gun assaults, a rate of 3.9 homicides and 8.8 assaults per 100,000 people. And whereas California has the 29th highest rate of gun homicides and gun assaults in the U.S. And as of as of 2020, firearms are now the number one cause of death for children in the United States, ages one to nineteen years old, surpassing automobile accidents, disease, and other injuries. And whereas cities across the nation, including Novato and nonpartisan grassroots organizations such as Marin Moms Demand Action and League of Women Voters Against, I mean League of Women Voters, Marin County, are working in communities to encourage a posit responsible gun ownership and to end the senseless violence with evidence-based solutions. And whereas in January 2013, Had Hadiah Pendleton was tragically shot and killed at age 15. And on June 2nd, 2023 to recognize Hadiyah's birthday, people across the United States will recognize National Gun Violence Awareness Day and wear Orange Weekend in tribute to Hadia, other victims of gun violence and their loved ones. And whereas anyone can join this campaign by pledging to wear orange on June 7, 2024, and during the Wear Orange weekend to help raise awareness about gun violence. And whereas protecting public safety is the Novato City Council and the Novato Police Department's highest priority, and gun violence prevention and awareness is more important than ever.
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