1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
April 18, 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; Police Chief Navarro; Police Lieutenant Graf-Reis; Director of Public Works Poster; Project Manager Aly; Associate Engineer DeLira; Senior Planner Staude; Senior Management Analyst Walsh; Human Resources Manager Allingham; and City Clerk Kelsey Rogers.
CALL TO ORDER
Mayor McCauley called the meeting to order at 6:30 P.M.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_220418
It was MOVED by Vice Mayor Wickham and SECONDED by Councilmember Burke to approve the agenda order. The Motion was carried unanimously by a 5-0 vote.
PRESENTATIONS
1. Presentation from Interim Executive Director of the Richardson Bay Regional Agency, Steve McGrath.
Item 1_No Written Material_220418
Mayor McCauley introduced Steve McGrath from Richardson Bay Regional Agency.
Steve McGrath gave an overview of RBRA’s mission of maintaining and improving the navigational waterways, open waters, and shoreline of Richardson Bay through water quality testing, eelgrass restoration, marine debris abatement, and wildlife monitoring with two grants from the Ocean Protection Council and NOAA. RBRA is also removing illegal vessels from the 2 eelgrass protection zone with a grant from the Division of Boating and Waterways’ Surrendered and Abandoned Vessels Program and working on finding housing for people currently living in vessels on the water.
Steve McGrath answered Councilmembers’ questions.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
2. Presentation of a Proclamation Declaring April as Fair Housing Month in the City of Mill Valley.
Item 2_Fair Housing Month April 2022 Proclamation_220418 Mayor McCauley introduced the item and read the proclamation into the meeting’s public record.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
CONSENT CALENDAR
Mayor McCauley requested Item #8, regarding the General Plan and Housing Element Annual Progress Report (2021), be pulled from the Consent Calendar and for the City Council to receive a short presentation regarding it. Councilmembers concurred.
Mayor McCauley opened public comment. Seeing no one who wished to speak, Mayor McCauley closed public comment.
It was MOVED by Councilmember McEntee and SECONDED by Councilmember Carmel to adopt the amended Consent Calendar, Items #3-7 with Item #8 removed for discussion. The Motion was carried unanimously by a 5-0 vote.
3. Approval of the February 22, 2022 and March 7, 2022 Regular City Council Meeting and the March 24, 2022 Special City Council Meeting Action Minutes.
Recommended Action: Approve the City Council meeting action minutes.
Item 3_Approval of Action Minutes_220418
4. Publication of a Draft Resolution and a Memorandum of Understanding (MOU) between the Mill Valley Firefighters Association and the City of Mill Valley for Public Information.
Recommended Action: No action required; the proposed Resolution and MOU are presented for public information and action will be proposed at the May 2, 2022 City Council Meeting.
Item 4_MVFA Draft Resolution & MOU_220418
3 5. Consideration of a Resolution Granting an Easement to Marin Municipal Water District (MMWD) for a Water Transmission Pipeline within the City Property Described as APN 033-171-04.
Recommended Action: Adopt Resolution No. 22-___.
Item 5_Resolution Granting Easement to MMWD_220418
6. Consideration of a Resolution Accepting as Complete Work Under a Contract with W.R.
Forde for the 2021 Sanitary Sewer Rehabilitation Project.
Recommended Action: Adopt Resolution No. 22-___.
Item 6_NOC & Resolution for 2021 Sanitary Sewer Rehabilitation Project_220418
7. Consideration of Resolutions to Authorize the Continuation of the Tamalpais Park Street Tree Assessment District: 1) a Resolution Continuing Improvements and Ordering the Engineer’s Report, 2) a Resolution Approving the Engineer’s Report, and 3) a Resolution Declaring Intention to Levy and Collect Assessments and Setting a Public Hearing for June 21, 2022.
Recommended Action: Adopt Resolution No. 22-___, Resolution No. 22-___, and Resolution No. 22-___.
Item 7_Tamalpais Park Street Tree Assessment District Resolutions_220418 Item 7_REVISED_Tamalpais Park Street Tree Assessment District Resolutions_220418
8. Receive General Plan and Housing Element Annual Progress Report (2021), including Two Resolutions to Support the Implementation of Housing Element Programs: 1) a Resolution to Extend the Collection of the Affordable Housing Impact Fees; and 2) a Resolution to Execute a Budget Adjustment and Authorize the City Manager to Extend the Professional Services Contract with Covia for the “Housing Mill Valley” Home March Program in an Amount Not to Exceed $150,000.
Recommended Action: Receive and accept the report and adopt Resolution No. 22-___ and Resolution No. 22-___.
Item 8_Under Separate Cover_Annual General Plan and Housing Element Update Report_220418
Item 8_Annual General Plan and Housing Element Update Report_220418 Item 8_Public Communication No. 1_220418
Item 8_Public Communication No. 2_220418
Senior Planner Staude provided a presentation on the General Plan and Housing Element Annual Progress Report for 2021 as outlined in Item #8, which was pulled from the Consent Calendar.
Tracy Powell, Vice President of Community Services of Front Porch, formerly known as Covia, provided a presentation regarding housing services in the Bay Area and State of California provided by Front Porch’s Community Services Program.
Luke Barnesmoore, Director of Home Match of Front Porch, provided a presentation on the Home Match program in partnership with the House Mill Valley Initiative. 4 Tracy Powell, Luke Barnesmoore, and Senior Planner Staude answered the Councilmember’s questions.
Mayor McCauley opened public comment.
Speakers: Joe Price, Unidentified Female, Dennis Klein.
Councilmember Carmel said an important distinction is that ADUs need to get a square footage bonus for the City Council to be focused on whether they are a short-term or long-term rental, and if an ADU is within a home it does not get a FAR bonus. He said what they want to avoid is granting 500 square feet additional FAR to a home that builds an ADU and uses it as a poolroom. He added that this is the single most important thing everyone in Mill Valley needs to understand about the Housing Element and how they are going to create units and whether units will be put in certain neighborhoods or not because SB 35 is a very draconian way to develop housing. He pointed out that Mill Valley is only one of two jurisdictions in Marin County that met their RHNA numbers, so thanks to the good work of the community and the City staff SB 35 would not be a reality in Mill Valley at least for the next five years, but it could be if the City does not track toward actually creating those units over the next five years. Councilmember Carmel loved the “Housing Mill Valley” Home Match Program concept because of the large number of people in Mill Valley who are cash-poor and house-rich, elderly, or simply lonely, and that could help fulfill the City’s housing needs, but he said five matches in the last 18 months is a tremendously underwhelming amount, especially for the $150,000 put into the program. He said the program’s marketing for housing units needs to be much more robust and he was not surprised the program is not flourishing. Councilmember Carmel was not prepared to vote for extending the contract with Front Porch/Covia without a more robust discussion regarding what can be improved and realistically expected over the next 18 months, and most importantly what other needs could they use this money for.
Councilmember McEntee said the Home Match Program was a great idea, but it seemed to her that the community was not interested in listing their homes, and she did not believe continuing the same method would bear any further fruit, and she agreed with Councilmember Carmel that she was not prepared to vote to extend the contract. Councilmember McEntee did appreciate the program’s creative approach and thought they should consider other creative approaches to try to solve these housing needs. She also noted that these housing matches do not help the City with its RHNA numbers.
Councilmember Carmel clarified he was suggesting that the Council table the item and move it to a fuller discussion where it could be a fully agendized item and not just on the Consent Calendar; and not just bringing back the same item but have a broader discussion regarding how they might use this fund, which may or may not include Front Porch/Covia.
Mayor McCauley gave a brief history of the funding used for the Home Match Program, stating it had been difficult to find a use for these smaller amounts of money and this program was the one thing they did find, and suggested that if this program did not work that they reconsider the fee. Mayor McCauley suggested giving the program two more years because the alternative would be to shut it down, stop the fee, and find another use for the funding, which had already been very difficult.
5 Councilmember Burke said the Home Match Program makes inclusion possible and he supported Councilmember Carmel’s suggestion to have one more hearing on the matter. He also informed Front Porch/Covia that it was on notice to improve its marketing in a high-touch way, saying its target audience is not on the Internet but reads newspapers. He suggested they reach out to The Redwoods retirement community or have a Front Porch/Covia day at the Depot, which will be important if they are salvaging the program. Councilmember Burke believed Home Match is a worthy program and worthy of the Council’s support, and said the inventory and demand are out there, but they have not been matched up, in part because of COVID.
Councilmember McEntee did not support continuing the item as is and just voting up or down, she supported an overall look at the fee, and other possibilities for the funds, although she acknowledged Mayor McCauley’s comment that there are not that many. She agreed that there is inventory available but reiterated she saw no indication of any interest or that any amount more effort would result in more than this handful of homes. She said even if Front Porch/Covia engaged in the best marketing ever it would not result in even 100 homes, it would be more like 15, and that would be with a considerable amount of effort, time, and money, and the community does not want it. Councilmember McEntee noted there are other means to accomplish matching seniors with homes and suggested the Council not extend the contract for the Home Match Program and discuss the fee later.
Mayor McCauley stated it is not the Council’s job to deliberate ways to make Front Porch/Covia perform better, and he did not believe having another meeting and spending more time talking about it to the level of the more substantial things the Council does is appropriate and suggested that it would be Council overreach. He disagreed with Councilmember McEntee that there is no market for the Home Match program and thought there are enough people in the community who would be interested. He suggested the Council not continue the item and make an up or down vote at the meeting. He thought the program was worthy of the risk of pursuing it for an additional period. Mayor McCauley outlined the Council’s three choices: vote no on it, meet further on it, or vote yes to extend the program another two years.
Vice Mayor Wickham said $150,000 is a lot of money for their general fund and Front Porch/Covia is not a cash cow for the City of Mill Valley to give them to pay their overhead and only return five matches. His opinion was there should be a goal-setting target for Front Porch to receive the $150,000 and he said he’d like to see more accountability on how the funds are used.
He acknowledged Councilmember McEntee’s belief that there is no market for the program but suggested that was because there was no marketing of the program in Mill Valley. He supported extending the program with Front Porch/Covia with the understanding that the Council would be watching them.
It was MOVED by Councilmember Carmel and SECONDED by Councilmember Burke to continue the discussion of the “Housing Mill Valley” Home Match Program to a date uncertain.
The Motion was carried by a 3-2 vote with Mayor McCauley and Councilmember McEntee dissenting.
6 9. Consideration of a Resolution to Effectuate a Budget Adjustment and Authorizing the City Manager to Execute a Professional Services Agreement with WRA, Inc. for Environmental Review Services Needed for the Affordable Housing Project Near 1 Hamilton Drive.
Recommended Action: Adopt Resolution No. 22-___.
Item 9_Budget Adjustment for Agreement to Conduct Environmental Review_220418
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor McCauley reported that a joint City Council/Planning Commission was held on March 22nd to consider and make a conceptual agreement concerning the RHNA site inventory. On March 23rd Mayor McCauley assisted San Rafael nonprofit Vivalon deliver food to individuals in Mill Valley. He praised Vivalon’s good work and noted the organization delivers over 100,000 meals per year to Marin County’s older adults and vulnerable residents. On March 30th Mayor McCauley met with Police Captain Lindsay Haines and Police Chief Navarro with the goal of a more detailed understanding of how to make Mill Valley’s evacuation process as good as possible. He hoped to get a second report from Chief Navarro by early June and expressed his gratitude for the many hours they have volunteered. On April 7th Mayor McCauley addressed the Commission on Aging about Mill Valley’s successes with ADUs, and the reality of local control, and what is happening at the state level. A housing workshop with the Housing Advisory Committee is scheduled for April 28th. Mayor McCauley said he had one meeting concerning 1 Hamilton Drive and noted that the next round of public information from the project architect is scheduled for the Council’s May 3rd meeting, and there would be a smaller neighborhood meeting for the most affected people after that. Mayor McCauley proudly announced that on March 31 he became a grandfather. Mayor McCauley reported that last autumn he attended a public Zoom meeting with State Senator Mike McGuire and discussed SB 9. Senator McGuire subsequently set up a meeting with Mayor McCauley and senior people at the HCD, Housing Community Development, which happened the previous week, where they discussed SB 9 and questions regarding the lot split, the number of units allowed on each site, and the ability to designate a single unit as low-income. He noted that SB 9 units are not a large part of the City’s RHNA allocation but is something a future Council would probably deal with over the next year, and said the HCD had given them the good news that they could allocate one moderate unit among four units if someone does execute an SB 9 lot split. They also discussed whether they could restrict ADUs and SB 9 units in high fire zones, and they learned that other Bay Area cities have passed ordinances that say ADUs cannot be put in high fire threat severity zones, but HCD did not offer any guidance.
Vice Mayor Wickham said he recently attended the Enjoy Mill Valley After Hours Member Mixer for Chamber of Commerce members and noted that the Mill Valley Music Festival will be held on May 7th. Vice Mayor Wickham said earlier that day he had attended a Zoom meeting and discussion of Mill Valley’s 125th Anniversary on September 1, 2025. He also noted that the Performing Stars and Clean Mill Valley will host a Marin City communitywide Clean Up Day on April 22nd and 23rd from 10:00 am to 8:00 pm with a barbeque in Marin City on April 22nd.
Councilmember Carmel noted that HCD puts out a daily digital newsletter discussing what is going on in housing in California, any litigation that is occurring, new laws, etc., and suggested his fellow commissioners and the public subscribe to it, saying it is interesting in terms of what strategies Mill Valley could pursue. Commissioner Carmel honored the life and legacy of a true 7 Mill Valley legend, Frances Kelly, who lived in Mill Valley for 80 years and passed away last January and announced a memorial at Old Mill Park on April 29th on what would have been her 102nd birthday. Commissioner Carmel said Frances Kelly dedicated her life to helping people and volunteered with many Mill Valley organizations. Councilmember Carmel outlined the activities planned for the upcoming Mill Valley Music Festival on May 7th. Councilmember Carmel also said he would be speaking at The Redwoods retirement community on April 25th, noted that the next day he would attend a Climate Action Plan meeting with presentations from Resilient Neighborhoods and Drive and Ride Clean Bay Area, and that Mill Valley’s Climate Action Plan was close to being finalized. Commissioner Carmel also said there would be a community Zoom meeting regarding East Blithedale Avenue on April 21st.
Councilmember McEntee responded to Mayor McCauley’s comments regarding wildfire preparedness and said former Mill Valley Fire Chief Jeff Davidson had the foresight to ensure access and egress projects that improve fire truck access and evacuation safety were included in the General Plan. Councilmember McEntee noted the Marin County Council of Mayors and Councilmembers would meet on April 20th with PG&E giving a presentation on the enhanced vegetation management plan for Marin County, and Marin Wildfire Prevention Authority giving a presentation on Mill Valley’s fire season outlook. Councilmember McEntee also noted that the Local Agency Formation Commission, of which Mill Valley is a part, is beginning work on the Southern Marin Municipal Service Review; Marin Wildfire Prevention Authority’s next board meeting is scheduled for April 21st with a presentation from the Insurance Institute for Business and Home Safety on the Wildfire Prepared Home program that will launch in June.
Councilmember Burke reported that the Community Development Block Grant Committee met for its final review of the allocation of approximately $2.4 million of federal funds, and there were no Mill Valley proposals submitted or considered.
CITY MANAGER'S REPORT
City Manager Piombo gave an update on the following topics:
• The Planning and Building Department had another record-breaking month in March with over 200 building permits issued.
• The City’s management partner, Touchstone Golf, is set to take over operations of the golf course on May 2nd and is working through the permitting process to provide onsite expanded food and beverage services.
• Mill Valley has committed to funding $825,000 of capital improvements over the next five years with an initial set-aside of $325,000 waiting to be put to use with the expectation that private fundraising would net at least $700,000 over the same period of time. The City’s private partners and the community have already donated almost $280,000 with another $233,000 pledged, so they are at $513,000 already in the first three months of their five-year plan.
• On March 22nd a joint Planning Commission/City Council meeting was held to study potential sites in the Housing Element inventory land use and rezoning programs. The Planning Commission and Council supported the overall approach. • A public open house regarding the 1 Hamilton Drive project will be held on May 3rd at the Mill Valley Community Center to gather additional input on preliminary design 8 features, massing, site planning, and options for relocation of the existing public parking and restrooms.
Human Resources Manager Allingham gave an update on recruitment for a new City Manager.
Senior Management Analyst Walsh gave an update on DEI initiatives.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_220418
Public Open Time_Public Communication Nos. 2 & 3_220418 Public Open Time_Public Communication Nos. 4 & 5_220418 Public Open Time_Public Communication Nos. 6 through 9_220418 Mayor McCauley opened Public Open Time.
Speakers: Heather Soicher, Joe Price.
Communications (via eComment): Lewis Lehman, Nancy Carlston, Larry Litvak, Margaret Fisher.
Mayor McCauley closed Public Open Time.
NEW BUSINESS
10. Receive Presentation on East Blithedale Avenue Construction Logistics and Traffic Management.
Recommended Action: Receive presentation and provide direction.
Item 10_No Written Material_220418
Item 10_PowerPoint Presentation_East Blithedale Avenue Rehabilitation Project - Construction Traffic Management Plan_220418
Item 10_Public Communication No. 1_220418
Director of Public Works Poster gave a history, overview, and construction logistics of the East Blithedale Avenue construction project. He introduced his team: Project Manager Aly; Associate Engineer De Lira, Associate Engineer Mike Janet, Construction Manager with Coastland Engineering Civil Engineering; Mark Kasraie, Project Manager with Marin Municipal Water District.
Construction Manager Janet provided a presentation on expected construction impacts and plans to address them during construction.
Associate Engineer DeLira provided a presentation on the traffic management plan, including maintaining access to emergency vehicles, residents, businesses, and schools; reducing traffic congestion; reducing the impact on parking; construction hours; transit bus detours; and construction schedule.
9 City Project Manager Aly provided a presentation on the community outreach plan, including bi-weekly meetings for project updates; construction notification to Safe Routes to School, PTA, and the schools; City Council updates; community meetings; project signs; key stakeholder coordination; and tracking calls, comments, and call trends.
Councilmembers asked questions of Director Poster.
Mayor McCauley opened Public Open Time.
Speakers: Vanessa Justice.
Communications (via eComment): Garrett Cohen, Lewis Lehman.
Mayor McCauley closed public comment and provided staff direction.
11. Receive Parking Enforcement Program Update and Recommendations.
Recommended Action: Receive recommendations and provide direction.
Item 11_Parking Enforcement Program Update and Recommendations_220418 Mayor McCauley introduced Police Chief Navarro and Police Lieutenant Graf-Reis to present Mill Valley’s Parking Program Update.
Police Chief Navarro gave a presentation on Mill Valley’s Parking Program, including parking services, parking enforcement, parking permits, meter collection and maintenance, traffic control, staffing, and budget. Chief Navarro recommended upgrading the IPS smart meters network to 4G and NFC; increasing parking meter rates and parking citation fines/bail schedule and depositing revenues into the Parking Fund, which would offset the parking meter upgrades; increasing residential parking permit rates; authorizing the purchase of an Automated License Plate Recognition system to increase the department’s parking enforcement efficiency; including parking fees/fines in the City Fee Schedule and authorizing annual CPI increases.
Council Members asked questions of Chief Navarro.
Mayor McCauley opened Public Comment.
Speakers: Hunter Moore.
Communications (via eComment): None.
Mayor McCauley closed Public Comment.
Councilmembers unanimously supported staff’s recommendation for the following:
• To continue paying off the 4% note;
• Upgrading the IPS smart meter network to 4G and NFC;
• Following the Chamber of Commerce recommendation to have bifurcated parking meter rates, which are less expensive in the public lots and more expensive on the street; • Increasing fines/bail schedule and to deposit revenues into the Parking Fund; 10 • An RSVP fee increase, deferring to the Chamber of Commerce suggestion to step up the rates over a two-year period;
• Increasing residential parking permit fees to $30.00; • The purchase of an Automated License Plate Recognition system.
Councilmembers unanimously opposed including parking fees/fines in the City Fee Schedule and annual CPI increases
PUBLIC HEARING
12. Introduction and First reading of an Ordinance Extending the Temporary Outdoor Business Program Under Urgency Ordinance No. 1317U; Consideration of a Resolution Extending the Temporary Outdoor Business Program; and Provide Direction to Staff on the Parameters of a Permanent Seasonal Outdoor Business Program.
Recommended Action: Introduce the Ordinance and waive First Reading, adopt Resolution No. 22-___, and provide direction to staff.
Item 12_Seasonal Outdoor Dining Business Program_220418 Item 12_Public Communication Nos. 1 through 60_220418
Item 12_Public Communication Nos. 61 through 120_220418 Item 12_Public Communication Nos. 121 through 180_220418 Item12_Public Communication Nos. 181 through 212_220418 Item 12_Public Communication Nos. 213 through 225_220418 PUBLIC COMMUNICATIONS - Dropbox Folder Link & Instructions_220418 Item 12_Public Communication Nos. 226 through 233_220418 City Manager Piombo gave a presentation on two requests regarding Mill Valley’s Seasonal Outdoor Business Program: 1) extend the current Urgency Ordinance temporary program through October 31st; and 2) receive Council support of staff’s recommendation for a Seasonable Outdoor Business Program that would have some requisite code changes. City Manager Piombo gave a brief history of Mill Valley’s Temporary Outdoor Business Program and said that the Council terminated the program on June 30th, but due to time constraints, they could not get the Planning Commission review of code changes before the June deadline and request to extend the current temporary program until October 31st. City Manager Piombo gave a brief overview of the proposed seasonal program, which would be effective June 1st through October 31st each year with annual renewals, including use of sidewalks, outdoor dining areas, right-ofway agreements, Outdoor Use Permit, and proposed program and fees.
Mayor McCauley opened Public Comment.
Speakers: Hunter Moore, Bill Higgins, Gibson Thomas (as read by Mr. Higgins), Peter Schumacher, Karen Goldberg, Payton Steva (phonetic), Susan Griffin-Black, Jason Sims, Felicia Ferguson.
Communications (via eComment): Deborah Goldman, Luigi Patrone, Rob Spawn, Linda Greene Jainchill, Desanne Martin.
Mayor McCauley closed Public Comment.
11 Mayor McCauley introduced the first item: whether the Council wished to extend the Temporary Outdoor Business Program until October 31st.
Vice Mayor Wickham supported extending the program through October 31st.
Councilmember Carmel said extending the temporary program made sense, but the intention assumed a back-to-normal environment, not a COVID environment, and if COVID were not resolved by the end of October he couldn’t imagine the future Council would want to remove all the outdoor dining.
Councilmembers McEntee and Burke indicated they supported extending the temporary program as well.
It was MOVED by Commissioner Carmel and SECONDED by Vice Mayor Wickham to adopt a resolution extending the Temporary Outdoor Business Program related to public property to October 31st; and to Introduce and waive first reading of an ordinance likewise extending the Temporary Outdoor Business Program, this one relating to private property. The Motion was carried unanimously by a 5-0 vote.
Mayor McCauley introduced the second item: staff recommended Permanent Seasonal Outdoor Program, and said the first component is the idea of an area in the public right-of-way in the summer on a future basis, and does it makes sense to make it temporary. He said the temporary program takes public land and allows private businesses to use it, and that is a distinction from the question of just allowing outdoor dining. He noted that outdoor dining is allowed year-round on private property, and that is different than the idea of expanding businesses on a permanent or temporary basis to double their size using public space. Mayor McCauley was in favor of the outdoor dining as proposed, saying it reflects the public interest and enjoyment of this type of dining, but understands the reality that there are other businesses downtown and there is something to be considered concerning keeping parking spaces rather than just rent them to a facility on a part-time basis, so he was in favor of the plan City Manager Piombo proposed.
Vice Mayor Wickham supported the Seasonal Outdoor Business Program specifically for public property. He noted the City would need to get back to normalcy concerning managing their parking when they emerged from COVID. He also supported the Parklet Program allowing the public right-of-way to be used for businesses.
Councilmember McEntee said the staff report laid out the fees well. Her concern was if using public space there should be a fee for it, and the proposed fee structure makes a lot of sense.
Councilmember Carmel said the community loves outdoor dining, it has made life in Mill Valley better, and the Seasonal Outdoor Business Program is a great step forward to continuing this and getting more of this in the future. He acknowledged though that it doesn’t work for every business in town, and many of them are concerned about parking because their business doesn’t work with reduced parking, and the Council must be mindful of that and be careful not to harm businesses by taking parking away. Councilmember Carmel also noted the Council had to be careful not to have too many parklets in one spot and kill street parking in certain areas. He said if the program works, he could see it beginning earlier in the spring in the future and said 12 allowing the program to grow over time would work for the public parking. He said the best parklets blend in and look like an extension of the sidewalk and he agreed with the staff that that is the right kind of design.
Councilmember Burke said he went back and forth on the seasonality aspect, and when he read public comments about how people use this program, he came to agree with Councilmember Urban that he could see the program expand to a March to October timeframe in the future, and he noted the cost of assembling and disassembling a simple platform parklet is low. He suggested the Council consider extending the season and try it out, reiterating that the seasonality aspect consistently came from the community and the business operators.
Mayor McCauley stated the City has been dealing with the temporary program on an experimental basis for over two years and proposed the Council give staff clear guidance on the code change and conclude the experiment. He noted that in the winter they need parking and if they cut into February and March with the program, they are almost back to year-round again, and downtown is crowded in the wintertime.
Councilmember McEntee and Vice Mayor Wickham agreed with Mayor McCauley’s suggestion to make the program permanent with the accompanying code change.
Mayor McCauley said concerning private spaces that there may be more creative uses for housing in the downtown area, and in that environment, they would not want to take away any of the existing parking, so he supported the suggestion that on private property the Planning Commission would entertain creative ideas about existing spaces, but not removal of existing Conditional Use Permit requirements for parking.
Councilmember McEntee completely agreed with Mayor McCauley and said those are two separate things.
Commissioner Burke agreed with Mayor McCauley’s perspective.
Vice Mayor Wickham also agreed with Mayor McCauley’s perspective on the Conditional Use Permit, saying they can’t modify that, and it is part of the requirement, so they can’t override their processes.
Councilmember Carmel said for private spaces the model is when applying for outdoor seating there are many rules regarding what triggers an additional parking requirement, and if some of the structure takes out some parking spots the applicant could lease parking spaces from a neighbor that is closed at night and could then fulfill the parking requirement they have for their existing structure and not trigger any additional parking requirements for the new structure.
Councilmember Carmel added that that is the process established in Mill Valley and has worked well, and that would be the equitable way to take this program forward, so it is consistent with what the City has done in the past.
Mayor McCauley said it doesn’t mean there would be a tenant that would take most of the parking out downtown. He cautioned that as existing parking spots are taken away and there is this shuffling around, that would eliminate the possibility of other developments being able to 13 succeed at all because eventually, they will get to the end. Mayor McCauley said if he were on the Planning Commission he would use extreme caution in eliminating any parking currently existing in connection with this. He said the applicant could expand their property, which theoretically would trigger parking, and maybe with that expansion they could take that additional parking and put it somewhere else, but he believed eliminating existing parking spots would be extremely unwise, but that is a decision the Planning Commission would make and it is not a matter of the code itself, and the Council is there to deal with the code at this time.
City Manager Piombo said the City Council had already directed the Planning and Building Department to do a business vitality review of the parking code as a priority project, so if there were modifications to that code it would allow businesses to reapply under those conditions. He said what they are trying to do with the Permanent Seasonal Outdoor Business Program is create a ministerial program that either the City Manager or Planning Director could sign off on without triggering all the CUP noise and the big changes stay with Planning and go through the big process; they want a simple put-a-couple-of-tables-on-your- property-and-move-on program.
Mayor McCauley summarized that the Council agreed with the staff report.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED at 11:02 p.m. the next Regular City Council meeting which will be held on Monday, May 2, 2022.
___________________________
Urban Carmel, Mayor
ATTEST:
________________________________________
Risa De Ferrari, City Clerk