Novato City Council Meeting - December 9, 2025: Building 12 Appeal, Safety Element, and Appointments

The Novato City Council met on December 9, 2025, for a regular meeting that began with the ceremonial swearing-in of Sandeep Karkal as the new District 5 council member. The meeting included a public hearing on the appeal of orders regarding Building 12 at 6 Romore Court, a public hearing on amendments to the Safety Element of the General Plan, and appointments to various city commissions. The meeting lasted from approximately 2:00 PM UTC to after 8:30 PM UTC.

Consent Calendar

• Approved unanimously (5-0) without discussion.

Public Comments & Testimony

• Introductory Public Comment: Matt Craterville performed a Christmas song about misfit toys, unrelated to agenda items.
• Building 12 Appeal:
  • Amarantha Silva (Farm Voices California) urged the council to uphold the red-tag order, stating that the property owner failed to act for years and that reversing the order would set a dangerous precedent. She called for a tenant protection ordinance.
  • Maria Peck and her daughter (a former tenant) described unsafe conditions and expressed disappointment that the owner never contacted them.
  • Jesus Portillo said they were forced to leave all their belongings.
  • Antonio Gramajo stated that residents had not received appropriate relocation assistance and that living conditions were unacceptable.
  • Jenny Gomez, a former tenant of seven years, said the owner's representative never inspected their unit and that the city's action was necessary.
  • Marina Monzon said she and her child struggled to find stable housing after displacement.
  • A child resident spoke about fear and sadness, noting they had to leave belongings and could not afford a birthday party.
• Safety Element Update:
  • Kay White (Pacheco Valley Firewise Committee) commended the draft update but asked how the map of constrained evacuation routes would link to the city's Capital Improvement Plan. She noted that her neighborhood has a single exit and requested future consultation.
  • Neil Peterson echoed support, asking the city to coordinate with neighborhoods on safety improvements and Utility coordination to avoid repeated pavement cuts.

Discussion Items

• Building 12 Appeal (Public Hearing):
  • City Deputy Director Steve Marshall presented background: Building 12, built in 1965, had damaged carport columns and fire separation breaches. Permits from 2018 and 2021 expired. An April 2025 inspection found the building unsafe, leading to an order to vacate. The Housing and Building Code Appeals Board unanimously upheld the order and declared the building a public nuisance. The owner appealed to the council.
  • Owner's attorney Emily Brough argued the building did not pose an emergency, that a temporary shoring plan was submitted but ignored, that the city improperly used current building codes instead of the 1964 code, and that the public nuisance standard was not met. She also challenged the city's request for attorney fees.
  • City Attorney Gary Bell countered that the notice to vacate included broad language reserving rights to recover costs, including attorney fees, and that the board's orders were proper.
  • Council members questioned the applicable building code, the condition of temporary shoring (a screw jack left in place for years), and the timeline of enforcement. Chief Building Official Seth Setterland explained that imminent danger was determined by structural settlement and compromised fire separation, not merely code violations.
  • On the attorney fees issue, Council appointed legal advisor Rick Jarvis opined that the city's notice may not have been sufficiently explicit, but the council ultimately agreed with the city's position.
• Safety Element Update (Public Hearing):
  • Tammy Seal (Placeworks) presented the climate vulnerability assessment, community outreach results, and proposed amendments. Key state requirements included SB 379 (climate adaptation), AB 2684 (extreme heat), SB 99 (evacuation constrained parcels), and AB 747 (evacuation route capacity).
  • Staff recommended adopting a 30-unit threshold for mapped constrained parcels, consistent with fire district guidance, but the Planning Commission had recommended 10. Council debated the thresholds; Council Member Farak suggested an intermediate tier (20-29 units).
  • Council Member Eklund opposed changing "require" to "encourage" in policy SH 33 (defensible space), arguing that multiple enforcement agencies strengthen compliance. The Planning Commission had recommended the change.
  • After public comment, Council Member Jacobs moved to adopt the update with a 10-unit threshold for Figure CW3, which was seconded and passed 5-0. The resolution was adopted with the council's preferred wording.
• Commission Appointments:
  • City Clerk Laura McDowell listed applicants. For the Sustainability Commission, Nicole Ty received four council votes, while Todd and Meredith each received three; after council discussion, Meredith was selected. All other appointments were approved as staff recommended.

Key Outcomes

• Building 12 Appeal: The council voted 5-0 to approve the Housing and Building Code Appeals Board's orders, affirming the order to vacate and the public nuisance declaration. The city was authorized to seek costs, including attorney fees, and to pursue court enforcement if necessary.
• Safety Element Update: The council adopted the resolution amending the Safety Element, including the vulnerability assessment as Appendix F, new goals and policies, and Figure CW3 (evacuation constrained parcels) using a 10-unit threshold. Policy SH 33 was changed to "encourage" (as per Planning Commission recommendation), and policy SH 50 was revised to "continue to collaborate" with the fire district.
• Commission Appointments: Approved 5-0: Complete Streets – Mark, Merhadad, Casey; Design Review – Lou (short term), William (long term); Economic Development – Christina Mendez, Susan Warnick, Bradley Wright; Finance – Chris McKenzie, Tina McMillan, Larissa Thomas; Recreation – Jane; Sustainability – Nicole Ty and Meredith. The Housing and Building Code Appeals Board seat remains open.