Novato City Council Meeting - January 28, 2025
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Novato City Council Meeting - January 28, 2025
The Novato City Council met on Tuesday, January 28, 2025, at 6:00 PM in the City Council Chambers. The meeting included presentations on fire and water resources, business awards, approval of the consent calendar, a public hearing on pavement rehabilitation, a public hearing on a land division appeal and utility undergrounding, and a discussion of future agenda items. The meeting recessed at approximately 8:35 PM before moving to closed session.
Ceremonial Matters/Presentations
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Presentation from Novato Fire Protection Chief Bill Tyler and North Marin Water District General Manager Tony Williams on local fire and water resources. Chief Tyler reported that the Los Angeles fires (starting January 7, 2025) burned over 57,528 acres, destroyed 16,255 structures, and caused 28 fatalities. He emphasized that Novato faces similar risks and outlined mitigation efforts: nearly 19,000 roadside and full home assessments, $950,555 in matching grants last year (over $654,000 so far this year), chipper programs averaging 120 pickups per week, shaded fuel breaks around the city (17,000 acres in phases 1 and 2 completed), and 43 miles of evacuation routes cleared out of 86 miles. He noted 14 Firewise neighborhoods in Novato and urged council to work with the fire district on code adoption and public outreach. Tony Williams described the water system: 30 storage tanks in four elevation zones holding 35 million gallons (25 million typical), 25 pump stations, and over 2,900 fire hydrants. He noted that the system is not designed to fight urban wildfires like those in Southern California and that pump stations (Santa Marin and Linwood) are critical. He mentioned ongoing capital projects and a master plan update. Councilmembers asked about water storage levels, fire hydrant system, vulnerable areas with one-way routes, and the concept of "Zone Zero" (5-foot non-combustible zone around structures). Chief Tyler said Zone Zero will be a state requirement for new construction and eventually retroactively, and that the fire district could present more on AI evacuation tools. Councilmember Eklund suggested a joint meeting with the fire board and water district. Chief Tyler was recognized for his upcoming retirement after 29 years of service.
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Large, Small, and Microbusiness of the Year Award Winners: The council recognized Miriam Martinez (Micro Business of the Year, coaching and consulting), Dr. John Christman of Topoch Chiropractic (Small Business of the Year), and the Marin Humane Society (Large Business of the Year). The Marin Humane Society reported employing 114 staff, engaging over 400 volunteers, adopting 568 animals into Novato homes, and responding to 1,620 calls for assistance in Novato alone in one year.
Consent Calendar
- The council approved the consent calendar (items G.1-G.5, G.7-G.9) with a single vote, removing item G.6 (list of upcoming agenda items) for separate discussion. Items approved included: waiving reading of ordinances, approval of December 10, 2024 minutes, adoption of Ordinance 1721 (ADU/JADU revisions), awarding a construction contract for underground fuel tank removal ($243,775 base bid to Able Maintenance, Inc., total not to exceed $268,153), authorizing an amendment to the consultant agreement for Grant Avenue Bridge Rehabilitation ($33,377.82, total $424,058.89), authorizing an agreement with Point and Pay, LLC for electronic payments ($5,000 initial cost), receiving the Q4 FY2023/24 Budget Performance Report, and receiving the Q1 FY2024/25 Budget Report.
Public Comments & Testimony
- Dean Mosier (55-year resident) spoke about Marin Valley Mobile Country Club, urging the city to reconsider declining PG&E infrastructure upgrades that could save the community $10 million. He stated that behind-the-meter costs would be about $100,000 and that street light upgrades could be funded from the community's $6 million reserve.
- Sean Gentry (HOA board member, Ascend at Hamilton Field) raised concerns about parking on State Access Road, a crosswalk safety issue, and a desire for a stoplight at the intersection of State Access Road and Nave Drive. He requested dialogue with the city.
- Jason Saras urged the council to reopen Camp Compassion temporarily to allow remaining camp members to transition to housing. He also urged the council to work with the Housing and Homeless Committee on a tiny home village proposal.
- Jen Mallow criticized the council's approach to homelessness, stating that council members have not visited encampments and that criminalizing homelessness is not a solution. She challenged the council to attend community dinners at the camp.
- Robbie Pallison argued that the new anti-camping ordinance criminalizes homelessness and disproportionately impacts women, who are often victims of violence. He noted that stable encampments provide guardianship and safety.
- Sarah McEvoy stated that the council's actions are "cowardly" and that criminalizing camping is psychologically abusive.
- Delilah Harris (young speaker) urged kindness and fairness, saying homeless people should be housed rather than taken to jail.
- Sarah Sorensen called the camping ban "reprehensible" and "barbaric," arguing it displaces people without providing alternatives.
- Bambi Kleis questioned the city's actions, noting that sweeps had already begun in Hamilton despite the police chief's statement.
- John Fitzgerald (currently unhoused) shared his personal story of becoming homeless due to alleged police failure to protect his rights. He argued that the level of discretion given to officers is a real concern.
Discussion Items
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J.1 - Annual Comprehensive Financial Report (ACFR) for FY 2022/2023: Finance Director Carla Carvalho-DeGraff and auditor Justin Williams presented the audit results. The city received an unmodified (clean) opinion on the financial statements. Key findings: one material weakness (deposits), one significant deficiency (grant accounting), three compliance exceptions, and 10 management comments. The net position increased by $9.4 million year-over-year. The general fund had a deficit of $1.5 million in FY 2022/23, but the council had set aside $1.6 million for deficit backfill, leaving $103,498 available to transfer to the emergency reserve. The recommendation was to transfer that amount, bringing the emergency reserve to approximately 23% of operating expenses for FY 2024/25. The council approved the resolution to transfer the unassigned fund balance to the Emergency and Disaster Reserve Fund (5-0). Councilmembers praised staff for catching up on audits after several years of delays.
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I.1 - Public Hearing on Prohibition of Excavation for Fiscal Year 2024-25 Pavement Rehabilitation: Associate Engineer Gosia Woodfin presented the request for a five-year moratorium on pavement cutting on specified streets: Clay Court, Grant Avenue (8th to 7th), Indian Valley Road (Chamberlain to city limits), Redwood Boulevard (Roland to 150 ft north), Roland Boulevard (Redwood to South Novato Blvd), and Sherman Avenue (DeLong to Grand). One homeowner on Indian Valley Road planning ADUs objected. Staff will allow an exception with a fee. The council adopted the resolution (5-0) after public comment with no speakers.
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I.2 - Public Hearing on Martinez Land Division Appeal and Utility Undergrounding Ordinance: Senior Planner Brett Walker presented the appeal of the Community Development Director's conditional approval of a tentative parcel map to divide a 5.96-acre parcel at 10 Deer Island Lane into three parcels. The appellant (applicant) objected to conditions requiring undergrounding of existing overhead utilities and certain fire district conditions. Staff proposed modifying condition 15 to allow existing overhead utilities to remain, requiring only new utilities to be undergrounded, and consolidating fire district conditions. The council adopted the resolution modifying the conditions (5-0). Additionally, the council directed staff to prepare amendments to Novato Municipal Code Section 5-53 regarding undergrounding of utilities (5-0), after discussion about the high cost (estimated $400,000 for Deer Island Lane) and the fact that surrounding areas are not undergrounded.
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G.6 - List of Upcoming Agenda Items (Removed from Consent): Councilmember Eklund requested adding a discussion on the use of Measure M funds before the budget process. She argued that the council should provide direction to staff rather than waiting for staff recommendations. Other councilmembers preferred to discuss Measure M during the existing budget study sessions scheduled for April and May. No formal action was taken. Councilmember Eklund also raised the need for a discussion on unfunded pension/OPEB liability, but the city manager noted that a study is underway and will be brought forward likely before the budget adoption.
Key Outcomes
- Approved consent calendar items G.1-G.5 and G.7-G.9 (5-0).
- Approved resolution to transfer unassigned general fund balance ($103,498) to the Emergency and Disaster Reserve Fund (5-0).
- Adopted resolution ordering prohibition of excavation for pavement rehabilitation (5-0).
- Adopted resolution modifying conditions of approval for Martinez Land Division (5-0).
- Directed staff to prepare amendments to Novato Municipal Code Section 5-53 on utility undergrounding (5-0).
- No action on adding a separate Measure M discussion; council will address it during the budget process.
- The meeting adjourned to closed session at approximately 8:35 PM.
Meeting Transcript
Welcome to the City of Novado Council meeting for Tuesday, January 28th, 2025. Please stand for the Pledges of Allegiance. Thank you. So City Council did meet in closed session before our meeting this evening. And Gary, do you have a report out? Okay. All right. Thank you, Mayor and Council. There's no reportable action from closed session. The council will return to closed session though after the open session. If there is anything reportable after that, we will report out when that closed session ends. Thank you. And I apologize, Laura. I skipped over roll call if you said. All right. Councilmember Eklund, are you here? I am present. Councilmember Jacobs. Councilmember Milberg. Present. Mayor Pratem Frac, President and Mayor O'Connor. Present, thank you. And our first item this evening is a presentation from the Nevada Fire Protection Chief, Bill Tyler and North Marin Water. Sorry, we are having audio issues with the podium microphone, so there's a handheld there. If you guys could just use that one. Okay. Make sure just turn it on. And I'll just finish the introduction. And North Marin Water District General Manager, Tony Williams. Welcome to you both. Okay. That works. So good evening, uh Mr. Mayor O'Connor and also counsel. My name is Bill Tyler. I'm the fire chief here in Novato. And uh I thought it was important with the fires down in Los Angeles that started back in January 7th. Um, that we talk a little bit about those fires. Um we have shared messaging with the community, both myself and and Tony through joint communications, but we just want to share with you some perspectives, some lessons learned what we're doing and what we need to do going forward. But in Los Angeles, there were over 57,528 acres that were burned, 16,255 structures destroyed, and 28 fatalities. So what we witnessed was not a vegetation fire. What we witnessed was an urban conflagration down in Southern California that has been described as an unfightable fire. These are human-caused fires under red flag conditions, rapidly expanding due to extreme low humidity and winds, and also dry receptive vegetation, sending brands and embers showering into neighborhoods on homes and businesses. These homes ignite by embers landing on vegetation immediately adjacent to the structures with direct flame imprint. It's also brands and embers that fly into the structure through open vents, combustible construction in the eaves, etc. Uh sparked in the gutter of with debris on roof coverings and on decks and patio furniture and so on. There are many, many vulnerabilities in our current built environment. So once the homes begin to ignite under those conditions, there's a bit of a domino effect because of the close proximity of the structures. The radiant heat from one structure that's fully engulfed will threaten the next. Because they're in close proximity, and that will cast even more brands and embers showering and lift it up into the convection column, long landing long distances away, starting new fires.
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