1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
February 7, 2022
6:30 P.M.
Mayor John McCauley – Present
Vice Mayor Jim Wickham – Present
Councilmember Urban Carmel – Present
Councilmember Sashi McEntee – Present
Councilmember Stephen Burke – Present
City Staff Present: City Manager Piombo; City Attorney Khalsa; Planning and Building Director Kelly; Senior Planner Staude; City Clerk/Management Analyst III Rogers; and Deputy City Clerk/Management Analyst II Politzer.
NOTE: The health and safety of community members, public officials, and employees is the top priority for the City of Mill Valley. Due to the declared State of Emergency and pursuant to AB 361, the City of Mill Valley's City Council will be holding this Regular City Council meeting via teleconference only. The meeting will be streamed live (see below), and members of the public are encouraged to participate remotely from a safe location as described below.
HOW TO PARTICIPATE REMOTELY
How to Participate Remotely_220207
PUBLIC COMMUNICATIONS (Received After 4:00 p.m.) - Dropbox Folder Link & Instructions_220207
2022 BOARDS, COMMISSIONS, AND COMMITTEE RECRUITMENT INTERVIEWS (Arts Commission and Emergency Preparedness Commission): 5:00 - 6:00 P.M. via Zoom Arts Commission and EPC Interview Materials_220207
Councilmembers interviewed applicants for the Arts Commission (Steven Bajor, James Singer, and Apryl Uncapher) and the Emergency Preparedness Commission (Christie Coleman, Leah Curtis, Mary Fenlon, Josh Furman, Katherine Jones, Max Perrey, Ashley Raveche, and Daniel Vasquez) for the 2022 Annual Recruitment. The Council will make their decision on their appointment during Item #4 of the February 22, 2022 Regular City Council meeting.
CALL TO ORDER
Mayor McCauley called the meeting to order at 6:32 p.m.
City Clerk/Management Analyst III Rogers read the AB 361 findings and public participation instructions into the record.
2 City Clerk/Management Analyst III Rogers called the roll call. All Councilmembers were present.
ACTION OUT OF CLOSED SESSION
Closed Session Agenda_220207
None.
APPROVAL OF THE AGENDA ORDER
Agenda_220207
It was MOVED by Councilmember Burke and SECONDED by Councilmember McEntee to approve the Agenda Order. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried unanimously by a 5-0 vote.
PRESENTATIONS
None.
CONSENT CALENDAR
Mayor McCauley noted the Council held interviews for the annual Arts Commission and Emergency Preparedness Commission (EPC) at 5:00 p.m. this evening via Zoom. He announced the City Council will be appointing James Singer to the Arts Commission (term effective March 1, 2022 and ending February 28, 2025). He also announced the City Council would be appointing Christie Coleman (incumbent), Max Perrey (incumbent), and Ashley Raveche (incumbent) to a second term on the Emergency Preparedness Commission (second term effective March 1, 2022 ending February 28, 2025). Mayor McCauley also announced the City Council will be appointing Daniel Vasquez to fill an unscheduled vacancy on the Emergency Preparedness Commission (term effective the date of appointment ending February 28, 2023, at which time he is eligible to reapply for a new full-term).
Mayor McCauley opened public comment for items on the Consent Calendar. Seeing no one who wished to speak, Mayor McCauley closed public comment.
It was MOVED by Councilmember McEntee and SECONDED by Councilmember Carmel to approve the Consent Calendar, Items #1-4. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried unanimously by a 5-0 vote.
1. Consideration of Continuing to Make Findings Authorizing the Use of Remote Teleconferencing Option for the Public Meetings of Mill Valley’s Legislative Bodies as Required by Assembly Bill 361.
Recommended Action: Make findings to have the option to hold remote meetings as allowed by Assembly Bill 361.
Item 1_Continue Making Findings for Remote Meetings Per AB 361_220207 3 2. Consideration of the December 6, 2021 and January 6, 2022 Regular City Council Meeting Action Minutes.
Recommended Action: Approve the City Council meeting action minutes.
Item 2_Approval of Action Minutes_220207
3. Consideration of a Resolution Authorizing the Second Amendment to the Richardson’s Bay Regional Agency (RBRA) Joint Powers Agreement to Clarify the Law Governing the RBRA and Facilitate the RBRA’s Exercise of its Authority.
Recommended Action: Adopt Resolution No. 22-___.
Item 3_Second Amendment to RBRA JPA_220207
4. Consideration of a Resolution Making Appointments to the City's Arts Commission and Emergency Preparedness Commission (Terms Effective March 1, 2022 Unless Noted Otherwise).
Recommended Action: Adopt Resolution No. 22-___.
Item 4_Resolution Making Appointments to Arts Commission and EPC_220207
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Wickham noted the Southern Marin Emergency Medical Paramedic System (SMEMPS) had a meeting recently and said their finances are looking very strong. He also noted an upcoming meeting for the Richardson’s Bay Regional Authority (RBRA) this Thursday where they will be talking about contracts for mooring fields. Vice Mayor Wickham stated he would like to update Council from the RBRA within the next few Council meetings.
Councilmember Carmel stated the month of February is Black History Month and noted the Mill Valley Library is hosting a couple of events. He also stated the Climate Action Plan Committee met on January 26th, where they finished tackling complex topics, including transportation and infrastructure. Councilmember Carmel also announced Supervisor Stephanie Moulton-Peters was appointed Chair of the Transportation Authority of Marin (TAM) at their last meeting. He also noted a Safe Routes to School meeting on February 16th and encouraged community members to attend.
Councilmember McEntee noted some recent burglaries occurring in her neighborhood, Enchanted Knolls, and said a pop-up Neighborhood Public Safety meeting with the Mill Valley Police Department and Fire Department would be held. She added the Local Agency Formation Commission (LAFCo) of Marin would be reviewing the Golden Gate Corridor for their upcoming Municipal Service Review, which includes Sausalito and Mill Valley.
Councilmember McEntee also stated that the Marin County Council of Mayors and Councilmembers (MCCMC) formed a temporary subcommittee to understand better the services provided by the County of Marin and how they are funded, and how cities can work more productively with the County.
Mayor McCauley noted he asked Councilmember McEntee to serve on the temporary MCCMC subcommittee to advocate for Mill Valley’s needs. 4 CITY MANAGER'S REPORT
City Manager Piombo reported on the following:
• Marin County’s indoor mask mandate will continue through February 15th as the number of cases related to the Omicron variant of COVID-19 are declining. The Marin County Office of Education will be hosting an online public health update regarding Marin schools on February 9th.
• The Marin Municipal Water District (MMWD) will be starting its Pipeline Replacement Project on East Blithedale in the next few weeks. Phase I of the East Blithedale Pavement Project will take place afterward. He noted Phases II and III of the East Blithedale Pavement Project would begin around early April 2022.
• There has been recent community feedback regarding the bamboo on the Madrona Stairs SLP/evacuation route. He gave a brief background on the topic noting the Council voted to remove the bamboo surrounding the stairs as it is highly flammable. He said the City posted notices and held a community meeting to remove 70 feet of bamboo from the stairs.
• Construction at 500 Miller Avenue has started again.
• Mill Valley will be joining Central and Southern Marin agency partners in advancing Mill Valley Refuse Service rate study because of new laws implemented by Senate Bill 1383 regarding composting mandates.
• There will be some senior management turnover within the City in the next few months, so the City has started recruiting for a Deputy Director of Arts and Recreation recruitment.
Mayor McCauley noted the ramp improvements for ADA accessibility taking place along Camino Alto and East Blithedale are taking a long time and are heavily impacting the community. He requested for the project to be expedited as much as possible.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_220207
Speakers (via Zoom): Naima Dean, Colleen Chelini, Clifford Waldeck, Michael Stevens.
Communications (via eComment): None.
Mayor McCauley closed public comment.
OLD BUSINESS
5. Receive Progress Report of Housing Element Update.
Recommended Action: Receive report/presentation and provide direction as needed.
Item 5_Housing Element Update_220207
Mayor McCauley gave a brief background on the item. Senior Planner Staude introduced consultant Kendall Flint and presented the staff report.
Councilmembers asked staff questions.
5 Mayor McCauley opened public comment.
Speakers (via Zoom): Clayton Smith, Nancy Carlston, Dart Cherk.
Communications (via eComment): None.
Mayor McCauley closed public comment.
Councilmembers offered deliberative comments on the item. Councilmember Carmel said the City of Mill Valley must prepare for 865 new units in this upcoming 8-year Regional Housing Needs Assessment (RHNA) cycle and said this is a significant jump in the number of units. He noted that half of the 865 new units must be classified below area-wide median income (AMI).
He stated that the City of Mill Valley has an inclusionary housing component where 25% of all new units must be allocated below AMI rental units. Councilmember Carmel said the City has to commit to projects that will contribute to the total number of AMI units and cannot lean on existing buildings to get the City to the 865 units requirement.
Mayor McCauley thanked staff for the update.
6. Receive Report on Recommended Next Steps to Build Affordable Rental Housing on the Northern Portion of 1 Hamilton Drive (Assessor’s Parcel Number 030-250-01) (“the Property”), Which Includes: 1) the Approval of an Exclusive Negotiating Agreement (ENA) between the City of Mill Valley and EAH Housing; 2) Allocation of Affordable Housing Trust Funds in Support of the ENA; and 3) Approval of Community Outreach Plan.
Recommended Action: Receive report, consider public comment, and adopt Resolution No. 22-___.
Item 6_1 Hamilton Drive Recommended Next Steps_220207
Item 6_Public Communication No. 1_220207.pdf
Item 6_Public Communication Nos. 2-14_220207
Item 6_Public Communication Nos. 15-80_220207
Item 6_Public Communication Nos. 81-108_220207
Item 6_Public Communication Nos. 109-133_220207
Item 6_Public Communication Nos. 134-139_220207
Item 6_Staff Communication No. 1_220207
City Manager Piombo introduced Planning and Building Director Kelly, City Attorney Khalsa, Senior Planner Staude, and Laura Hall (President of EAH Housing), who presented the staff report.
Councilmembers asked staff questions.
Mayor McCauley opened public comment.
Speakers (via Zoom): David Evans, Rod Eshelman, Michael Stevens, Jeralyn Seiling, Rebekah Helzel, Nancy Carlston, Clayton Smith, Teresa Rea, Stephanie Breitbard, Jennifer Levine, Mark Breitbard, Eileen Fisher, Karen Hirsch, Nancy Miller, Carlos Montalvan, Sarah Turner, Gary Batroff, Marta Villela, Tay Franklin, David Levin, Dart Cherk, Kyle Hughes, Paula Weaver, 6 Tammy Herndon, Naima Dean, Susan Kirsch, Robert Pendoley, Leigh Ann Townsend, Barbara St. John, David Wygant, Sue Chelini, PC (no last name given).
Communications (via eComment): Jenny Lasker, Lisa Edson, Joan Levison, Tammy Edmonson, Margaret Fisher, Joy Guidi Wygant.
Mayor McCauley closed public comment.
Mayor McCauley stated that the impact on this one neighborhood is substantial, but with the RHNA requirements, more change will affect the community. He addressed a few specific comments from the public comment period. Mayor McCauley asked City Attorney Khalsa to respond to specific comments related to the Fair Housing Act.
City Attorney Khalsa stated the Fair Housing Act prohibits the City from adopting a preference program that would result in discrimination against protected classes, but it does not prohibit outright a workforce preference program.
Councilmembers offered deliberative comments on the item.
Vice Mayor Wickham thanked staff and the public for their input on the item and recounted Mill Valley’s history that has been built over the past several years. He stated Mill Valley is already very built-out but emphasized the importance of the City doing its due diligence to figure out where more affordable housing can be created throughout this project’s process. Vice Mayor Wickham said he supports the five staff recommendations.
Councilmember Camel thanked the public for their participation in tonight’s meeting and for sharing their points of view. He stated he is excited to move ahead with this project so the community can get answers to their questions. Councilmember Carmel said it was helpful to have the Housing Element update presentation before this item so everyone could understand the context of why housing is needed in Mill Valley and California. He stated he supports approving the Exclusive Negotiating Agreement (ENA), approving the allocation of Affordable Housing Trust Funds in support of the ENA, approving the Community Outreach Plan, and the additional staff recommendations.
Councilmember McEntee noted she lives in the neighborhood where this project is being discussed and, as a single mother, is considered a low-income resident. She also stated traffic and parking within the community have already been an issue and would not be substantially exacerbated by this project. Councilmember McEntee said she spoke with some neighborhood leaders and outlined specific concerns voiced during those conversations. She encouraged EAH to reach out to and meet with concerned neighborhood leaders and the Traffic Advisory Committee. Councilmember McEntee stated she supports all of staff’s recommendations.
Councilmember Burke said he is excited the City is moving from speculation to a concreate process regarding this project. He said the City had created a viable framework for everyone’s interests in the conversation. Councilmember Burke reiterated Councilmember Carmel’s statement that the City Council will not be absent throughout this process. He stated he is in support of staff’s five recommendations.
7 Mayor McCauley concurred with the statements made by his colleagues and said he is in favor of moving forward with this project. He said the City is very lucky to have such a quality organization like EAH leading this project. Mayor McCauley encouraged the community to continue to engage with State decisions that influence Mill Valley. He stated he supports staff’s five recommendations and thanked staff for all their work on the project.
It was MOVED by Councilmember Carmel and SECONDED by Councilmember Burke to approve staff’s recommendations and adopt the Resolution. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried unanimously by a 5-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Councilmember McEntee requested more robust Council Liaison Reports in future meetings.
ADJOURNMENT – The Council ADJOURNED at 10:00 p.m. to the next Regular City Council meeting which will be held on Tuesday, February 22, 2022. ___________________________
John McCauley, Mayor
ATTEST:
__________________________________________
Kelsey Rogers, City Clerk/Management Analyst III