1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
March 7, 2022
6:30 P.M.
Mayor John McCauley – Present
Vice Mayor Jim Wickham – Absent
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; Public Works Director Poster; Associate Engineer DeLira; Fire Chief Tubbs; Deputy Fire Chief Welch; Fire Inspector Nau; City Librarian Brenner; 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. This meeting was streamed live, and members of the public were encouraged to participate remotely from a safe location.
HOW TO PARTICIPATE REMOTELY
How to Participate Remotely_220307
CALL TO ORDER
Mayor McCauley called the meeting to order at 6:30 p.m.
City Clerk/Management Analyst III Rogers read the COVID-19 notice and public participation instructions into the record.
City Clerk/Management Analyst III Rogers called the roll call. Vice Mayor Wickham was absent.
ACTION OUT OF CLOSED SESSION
None.
2 APPROVAL OF THE AGENDA ORDER
Agenda_220307
It was MOVED by Councilmember Carmel and SECONDED by Councilmember Burke to approve the Agenda Order. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried by a 4-0 vote. Vice Mayor Wickham absent.
PRESENTATIONS
1. Presentation of the Bicycle and Pedestrian Advisory Committee (BPAC) Annual Report.
Item 1_No Written Material_220307
Public Works Director Poster, Associate Engineer Delira, and BPAC Chair Clayton Kunz gave a presentation.
Councilmembers asked staff questions.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
Councilmembers offered deliberative comments.
Councilmember McEntee thanked former BPAC Chair Paul Moe for his service on the Commission. She noted the BPAC was responsible for getting the golf course path started.
Councilmember Burke thanked Paul Moe for his many contributions to the Mill Valley Community. He also noted the BPAC is working on educating youths on some of the dangers associated with e-bikes.
Councilmember Carmel thanked the BPAC for all their hard work. He said their efforts to reduce traffic are complex, but he is excited to see what they come up with in the future.
Mayor McCauley also noted e-bikes could be dangerous if not used properly. He said the Police Department made a great video regarding e-bikes.
2. Presentation of the Library Board of Trustees Annual Report.
Item 2_LBOT Annual Report_220307
City Librarian Brenner and Library Board of Trustees Chair Janice Prochaska presented the staff report.
Councilmembers asked staff questions.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
Mayor McCauley, Councilmember Carmel, and Councilmember McEntee thanked the Library Board of Trustees and staff for their hard work. They noted they supported the library offering in-person events again.
3 CONSENT CALENDAR
Mayor McCauley opened public comment.
Speakers (via Zoom): Jonathan Frieman.
Communications (via eComment): Jim Welte.
Mayor McCauley closed public comment.
It was MOVED by Councilmember Carmel and SECONDED by Councilmember Burke to approve the Consent Calendar, Items #3-5. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried by a 4-0 vote. Vice Mayor Wickham absent.
3. 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 3_Continue Making Findings for Remote Meetings Per AB 361_220307
4. Approval of the January 20, 2022 Regular City Council Meeting Action Minutes.
Recommended Action: Approve the City Council meeting action minutes.
Item 4_Approval of Action Minutes_220307
5. Consideration of a Resolution Supporting an Application for Downtown Mill Valley to Become a Recognized "California Cultural District" and Acknowledging the City's Partnership with Downtown Arts and Cultural Organizations.
Recommended Action: Adopt Resolution No. 22-___.
Item 5_Resolution Supporting Application for Downtown MV to Become California Cultural District_220307
Item 5_Communication No. 1_220307
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor McCauley noted he attended a Rotary meeting recently where there was a presentation on the City’s activities. He also mentioned he met with Councilmember Carmel and Chief Navarro for the Quarterly Police Governance Exercise and noted there were no citizen complaints during the quarter, only a couple of “use of force” incidents, the Police Department is hiring two Police Cadets and one part-time Community Services Officer, and the Racial and Identity Profiling Act (RIPA) statistics have been published to the City of Mill Valley’s website.
Councilmember Burke participated in the Community Development Block Grant (CDBG) initial screening process of applications with the County of Marin for grants through the Department of Housing and Urban Development. He also attended a Marin County Council of Mayors and Councilmembers (MCCMC) Homelessness Subcommittee meeting with City Manager Piombo, where they received a proposal to enhance funding for the Downtown Streets Team program, which provides mobile showers around the County. City Manager Piombo expanded on the purpose of the funds requested by the Downtown Streets Team. 4 Councilmember McEntee said the Marin Wildfire Prevention Authority (MWPA) would be looking at a proposal for an evacuation ingress/egress risk assessment tool through companies including Sanoma Technology, Berkley, Fair and Peer, High Regions, and Zone Haven. She also announced she and Fire Chief Tubbs would be speaking on the upcoming panel for NASA’s Systemwide Safety Wildland Firefighting Operations Virtual Workshop.
Councilmember Carmel said the Safe Routes to School group is hosting a webinar on bike safety this week. He also noted a virtual Housing community meeting this Thursday between the City and its consultants EAH to kick off discussions regarding the project near 1 Hamilton Drive.
According to the Transportation Authority of Marin (TAM), Councilmember Carmel stated that electric vehicle sales went up 55% last year and 9% of all registered vehicles in Mill Valley are electric, which is the highest in Marin County. He also noted TAM discussed the recently passed infrastructure bill and what it means for local government entities.
Councilmember Carmel announced the Mill Valley Music Festival would be held on May 7, 2022, and tickets are available for all interested in attending.
CITY MANAGER'S REPORT
City Manager Piombo reported on the following:
• Noted the City was having an issue with its eComment system and requested all eComments be sent through email directly to City Clerk Rogers at [email protected].
• The City partnered with EAH Housing to evaluate the City-owned property near 1 Hamilton Drive for its feasibility in becoming affordable housing. This Thursday, March 10, 2022, will be a virtual community meeting between the City and its consultants to kick off discussions regarding the project.
• As of March 12, 2022, Marin County will be aligning its mask requirements in schools with the State’s recommendations.
• AARP is offering tax preparation services available at the Mill Valley Community Center by appointment only.
• City Manager Piombo announced he would be retiring at the end of this year. He noted he will have worked in public service in Marin County for 31 years and thanked the Council, City staff, and the community for working with him over the past few years.
City Manager Piombo stated the City would be moving forward with its recruitment process with Ralph Andersen & Associates. He outlined the tentative recruitment timeline and noted Heather Renschler would be at the next City Council meeting to provide more information to the Council and community.
PUBLIC OPEN TIME
Mayor McCauley opened public comment.
Speakers (via Zoom): Jonathan Frieman.
Communications (via eComment): None.
5 NEW BUSINESS
6. Receive Report and Update on the Long-Range Acoustical Device (LRAD) Emergency Siren System in the City of Mill Valley as a Partner Agency with the Marin Wildfire Prevention Authority (MWPA).
Recommended Action: Receive report.
Item 6_LRAD System Report_220307
Fire Chief Tubbs and Fire Inspector Nau presented the staff report.
Councilmembers asked staff questions.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
Mayor McCauley thanked staff for the presentation and for their work. He said he is looking forward to the “Did you Hear It” campaign.
PUBLIC HEARING
7. Introduction and First Reading of an Ordinance Amending Mill Valley Municipal Code Title 7 “Health and Sanitation” to Rename Chapter 7.04 “Garbage” to “Solid Waste Storage, Collection, Processing and Disposal” and Amend Regulations in this Chapter to Comply with Changes in State Law Related to the Solid Waste Industry Under Senate Bill 1383; and Consideration of a Resolution Authorizing Submittal of Application(s) for all CalRecycle Grant and Payment Programs for which the City of Mill Valley is Eligible.
Recommended Action: Introduce the Ordinance and waive First Reading and adopt Resolution No. 22-___.
Item 7_First Reading of Ordinance and Resolution Related to SB 1383_220307 Item 7_Communication Nos. 1 & 2_220307
Planning and Building Director Kelly, Senior Planner Staude, and R3 Consulting Group staff member Claire Wilson gave a presentation.
Councilmembers asked staff questions.
Mayor McCauley opened public comment.
Speakers (via Zoom): None.
Communications (via eComment): Max Perrey.
Mayor McCauley closed public comment.
Councilmembers offered deliberative comments on the item.
Councilmember McEntee said she has an issue with the penalty for community members who do not have a garbage account, and a lien would be placed on their home as a result. She said the 6 objective of this bill and the associated CalRecycle is to reduce methane emissions from landfills and combat food insecurity by requiring jurisdictions to adopt this ordinance or other enforcement mechanisms to accomplish these goals. Councilmember McEntee stated this approach will do very little to achieve the previously mentioned goals, has no supporting evidence, and would significantly impact a class of financially burdened community members and business owners as an unintended consequence. She acknowledged the City is being compelled by the State to adopt this Ordinance but is displeased that a small City like Mill Valley must bear the burden of costs associated with this unfunded mandate. Councilmember McEntee said she does not support the proposed ordinance.
Councilmember Carmel asked a couple of follow-up questions to staff regarding the impact this ordinance would have on financially burdened community members and business owners.
Senior Planner Staude, Claire Wilson, and City Attorney Khalsa noted there are waivers available for those who meet the waiver’s requirements. They said the purpose of this ordinance is to implement an enforcement mechanism.
Councilmember McEntee requested if the Council could change the “shall” language to “may” in the abatement section of the ordinance (Section 7.04.140).
City Attorney Khalsa said the Council could make this amendment to the language in the proposed ordinance.
Councilmember Carmel said he supported the ordinance with the amendments to the language but encouraged the City to learn what other cities/towns in Marin are doing to address SB 1383 requirements.
Councilmember Burke and Mayor McCauley supported the ordinance and concurred with Councilmember Carmel’s direction to staff.
It was MOVED by Councilmember Carmel and SECONDED by Councilmember Burke to introduce the Ordinance as amended and waive First Reading, and adopt the Resolution. City Clerk/Management Analyst III Rogers called the roll call vote. The Motion was carried out by a 3-1-0 vote. Councilmember McEntee dissented. Vice Mayor Wickham absent.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED at 8:38 p.m. to the next Regular City Council meeting which will be held on Monday, March 21, 2022. ___________________________
John McCauley, Mayor
ATTEST:
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Kelsey Rogers, City Clerk/Management Analyst III