1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
August 1, 2022
6:30 P.M.
Mayor Jim Wickham – Present
Vice Mayor Urban Carmel – Present
Councilmember Sashi Sabaratnam – Present
Councilmember Stephen Burke – Present
Councilmember Max Perrey – Present
City Staff Present: City Manager Piombo; City Attorney Khalsa; Director of Planning and Building Kelly; Senior Planner Staude; Senior Management Analyst Walsh; and City Clerk Rogers.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:30 PM
Mayor Wickham announced that Dick Swanson former Mill Valley police officer, Mayor, City Councilmember, and Planning Commissioner had passed away. He sent condolences to the Swanson family and gratitude for his many years of service. Mayor Wickham said he would adjourn this evening’s meeting in honor of Dick Swanson and would schedule time at the September 6th Council meeting to do a proper recognition with his family and friends.
ACTION OUT OF CLOSED SESSION
Closed Session Agenda_220801
None.
APPROVAL OF THE AGENDA ORDER
Agenda_220801
Mayor Wickham requested to move “Council/Staff Announcements and Council liaison Reports” and “Public Open Time” to be heard before the “Consent Calendar.” It was MOVED by Councilmember Sabaratnam and SECONDED by Councilmember Burke to approve the agenda order. The Motion was carried unanimously by a 5-0 vote.
PRESENTATIONS
1. Presentation from Clean Mill Valley.
Item 1_No Written Material_220801
2 Mayor Wickham introduced volunteer group Clean Mill Valley.
Joan Murray, co-founder with Jill Young of Clean Mill Valley, provided background on the volunteer organization they founded in 2012. Members of the organization are The Outdoor Art Club, Mill Valley StreamKeepers, Rotary Club of Mill Valley, and Mill Valley Chamber of Commerce. Their goal is to create public awareness about Clean Mill Valley, educate the public about litter’s impact, sponsor and conduct cleanups, and collaborate with likeminded entities.
Clean Mill Valley’s accomplishments include the Adopt a Spot Neighborhood Program, over seven tons of debris collected since October 2014, and mentoring at local high schools. They requested an ordinance that requires businesses that sell take-out food or sidewalk dining to provide and maintain trash receptacles.
Councilmembers expressed thanks to Clean Mill Valley for their volunteer efforts and asked questions regarding getting more people and neighborhoods involved.
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Carmel reported:
• Transportation Authority of Marin held a board meeting on July 28th:
o MTC is back to 80% of its pre-pandemic ridership.
o SMART expects to be at 80% pre-pandemic ridership in 2023. o In a study of the twelve Highway 101 overpasses in Marin County the Tiburon Boulevard/Blithedale Avenue interchange was ranked #2 and one of three recommended to Caltrans for evaluation and eventual funding and construction, which would provide three lanes going to the east and two lanes to the west; a full bike and pedestrian facility; and significantly improve egress out of Mill Valley and onto 101.
• The City Council will hold its ninth public meeting on the Climate Action Plan on August 30th.
Councilmember Perrey reported:
• The Police Department is investigating recent local acts of antisemitism. Community members should contact them if they have any information. • There are two vacancies on the Emergency Preparedness Commission, and one vacancy on Bicycle and Pedestrian Transportation (BPAC). Applications are due on August 4th. • National Night Out, an annual event hosted by the Mill Valley Police Department, will be held on August 2nd in the Depot Plaza.
Councilmember Sabaratnam announced this would be her last meeting after serving for seven years on the Mill Valley City Council. She will be moving to Sonoma County to work for UC Cooperative Extension as Sonoma County’s Wildfire Vegetation Mitigation Program Manager, as well as pursuing her master’s degree at the Navel Postgraduate School focusing on use of visualization in wildfire vegetation management. Councilmember Sabaratnam spoke of the exceptionalism of the Mill Valley City Council and past and present Councilmembers compared to other cities in the county and Bay Area, and how lucky she felt to have experienced that in her time on the Council. She also made note of members of other City legislative bodies, City staff, the local business community, local civic groups, and community volunteers and thanked them for their commitment to Mill Valley.
3 PUBLIC OPEN TIME
Public Open Time_Public Communication Nos. 1-6_220801
Mayor Wickham opened Public Open Time.
Speakers: Former Mayor Clifford Waldeck; Former Mayor John McCauley; Paula Reynolds, Chamber of Commerce; Unidentified Male, Eric Macris, Historical Society; Mark Brown, Marin Wildfire Prevention Authority; Tom Welch, Deputy Fire Chief; Rick Navarro; Police Chief; Alex Cushner; Jean Bonander, Tiburon; Paul Wrapp, Police Sergeant Communications (via eComment): James Campbell, Belvedere City Council; Kenneth Broad; Jill Hoffman, Sausalito City Council.
Mayor Wickham closed Public Open Time.
Vice Mayor Carmel said Councilmember Sabaratnam is incredibly well prepared for each City Council meeting, has a deep understanding of how government works, and he had learned an enormous amount from her. He said she had provided a tremendous diversity of opinion to the Council and taught him that government is not about command and control, it is about encouraging and educating people, and that is the biggest insight he has heard about how city government should work.
Councilmember Burke said Councilmember Sabaratnam is a great example of what local government leadership can be. He was impressed by the approach to public service that she lives and works by, and said the principles she adheres to are valid and important for Mill Valley. He also noted her engagement with LAFCO, NWPA, and Marin County Mayors and appreciated the fact that she finds the time to be involved with Mill Valley and those agencies in a meaningful way.
Councilmember Perrey remembered when he first met Councilmember Sabaratnam in 2009 at a Marin Water District board meeting. He was then excited to see her run for Marin Water District Board. He appreciated that he always found it easy to have conversations with her and was able to disagree with her yet still have in depth and frank conversations. He spoke of their similar progression to the City Council through involvement in emergency preparedness and said she left her mark on the Emergency Preparedness Commission through all the work that she did.
Mayor Wickham said he met Councilmember Sabaratnam when they ran for City Council and they both won, and he agreed with the glowing comments made by the public and his fellow commissioners. He noted there would be a reception for Councilmember Sabaratnam after the Council meeting. The City Council would discuss how to replace Councilmember Sabaratnam’s position on the Council at its September 6th meeting. He expressed how much Councilmember Sabaratnam would be missed.
CONSENT CALENDAR
Mayor Wickham asked if any Councilmember or member of the public wished to pull an item from the Consent Calendar. There were no requests.
4 It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to adopt the Consent Calendar, Items #2-5. The Motion was carried unanimously by a 5-0 vote.
2. 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 2_Continuing to Make AB 361 Findings_220801
3. Consideration of the July 18, 2022 Regular City Council Meeting Action Minutes.
Recommended Action: Approve the action minutes.
Item 3_Approval of Action Minutes_220801
4. Consideration of a Resolution Appointing Alan Piombo as Interim Assistant City Manager of Mill Valley and Approving the Employment Agreement Between the City of Mill Valley and Alan Piombo.
Recommended Action: Adopt Resolution No. 22-___.
Item 4_Resolution to Approve Interim Assistant City Manager Agreement_220801
5. Consideration of an Amendment to the Current Franchise Agreement between the City of Mill Valley and Mill Valley Refuse Service, Inc. (MVRS) to Comply with Senate Bill 1383 Regulations.
Recommended Action: Approve the amendment.
Item 5_Amendment to Franchise Agreement with MVRS to Comply with SB 1383
PUBLIC OPEN TIME
Public Open Time_Public Communication Nos. 1-6_220801
Mayor Wickham opened Public Open Time.
Speakers: Al Gramat, Sustainable Mill Valley, Marin County Bicycle Coalition, and WTB Tam; Clayton Smith
Communications (via eComment): Donald Herzog
Mayor Wickham closed Public Open Time.
CITY MANAGER'S REPORT
Construction Manager John Collins provided an update on the East Blithedale project. • Marin Municipal Water District main line work is almost complete. • The City’s sewer line work is following the water line work, and most of it is done. • Sunnyside Avenue paving and sidewalk repairs have been completed, and there is a little more electrical work to complete.
• Sycamore Avenue repaving from La Goma to Blithedale Avenue has been delayed due to the start of school and NMWD not being complete on Miller Avenue. • Phase 1 of the East Blithedale rehabilitation project on the east end is mostly complete. 5 • Phases 2 and 3 have begun at Alta Vista.
Councilmembers asked questions of Mr. Collins.
City Manager Piombo gave a report/update on the following topics:
• There are currently vacancies on Emergency Preparedness Commission and the Bicycle and Pedestrian Advisory Committee. Applications are due by 5:00 PM August 12th. • The next City Council meeting will be held September 6th instead of September 8th due to Council availability and the intent to recognize Mill Valley’s new city manager. • City Manager Piombo thanked Councilmember Sabaratnam and her fellow Councilmembers for taking a chance on him. He said he has appreciated her insight and strategic vision, her thoughtful support and leadership, and her courage to share less popular opinions and not do things simply for political expedience. • This would be City Manager Piombo’s last City Council meeting and he would be leaving his position at the end of September.
• City Clerk Rogers will be moving to the City Manager’s office as a senior management analyst, so it is also her last City Council meeting.
• Management Analyst Politzer will become the new City Clerk.
Councilmembers asked questions of City Manager Piombo.
OLD BUSINESS
6. Receive and Review the Draft Housing Element.
Recommended Action: Receive Draft Housing Element, discuss, and provide direction to staff, incorporate public comments received during the 30-day public comment period (June 30 – July 30, 2022), and provide additional policy guidance to staff on Housing Programs contained in Chapter 4 of the Draft Housing Element prior to sending the revised Draft Housing Element to the California Department of Housing and Community Development (HCD) for their initial 90-day review.
Item 6_Review of the Draft Housing Element_220801
Item 6_Staff Communication No. 1_220801
Item 6_Public Communication Nos. 34-48_220801
Item 6_Attachment to Public Communications_220801
Item 6_Public Communication Nos. 49-56_220801
Item 6_Attachment 2 to Public Communications_220801
Item 6_Additional Communications_220801
Director of Planning and Building Kelly and Senior Planner Staude provided a presentation on the Draft Housing Element and noted they are seeking three areas of direction from the City Council. 1) Revise the Draft Housing Element based on public comments; 2) Provide additional policy guidance as needed; and 3) Send the Revised Draft Housing Element to the State Department of Housing and Community Development (HCD).
Senior Planner Staude reviewed the background and purpose of the Housing Element, including:
• The extensive public review process so far.
• Next steps.
6 • The programs for discussion.
• Why update the Housing Element?
• Establishment of the Housing Advisory Committee and its work. • Housing disparities and housing programs.
• New Housing Element requirements.
• Community outreach and opportunity for public comments. • Housing Element adoption, certification, and timeline. • Overview of Regional Housing Needs Assessment (RHNA) and meeting the RHNA numbers.
• Sites/capacity analysis.
Councilmembers asked questions of Senior Planner Staude.
Mayor Wickham opened public comment.
Speakers: Tammy Edmonson; Al Gramat, Sustainable Mill Valley, Marin County Bicycle Coalition, and WTB Tam; Mary McGarrity; Gary Batroff; Dennis Klein, Mill Valley Affordable Housing Committee; Dart Cherk; Alan Sales (phonetic); Clayton Smith Communications (via eComment): Paula McGrath; Caroline Hader (phonetic); Robert Pendoley, Marin Environmental Housing Collaborative; Eric Bindelglass; Gabrielle Tierney; Jeralyn Seiling
Mayor Wickham closed public comment.
Planning and Building Director Kelly addressed some of the items brought up in public comment.
Vice Mayor Carmel referred to the map in Chapter 3/Appendix C: Capacity/Sites Inventory, Figure 3.3, which shows all the sites being considered in the current Housing Element and their designations as single-family residential, vacant property, small or large parcel, and opportunity sites. He noted that nearly all the sites are to the west of Camino Alto with Hamilton Drive and properties along the Redwood Highway, and said the strategy is to put housing on the major transportation thoroughfares of Camino Alto and Miller Avenue, and into downtown. Vice Mayor Carmel said Hamilton Drive is 40 units of affordable housing, 10% of the Housing Element required units. He acknowledged that a lot of affordable housing has ended up on the east side, but said they are trying to rectify that and spread affordable housing throughout the City with the current Housing Element.
Councilmembers asked questions of Senior Planner Staude and Planning and Building Director Kelly.
Vice Mayor Carmel clarified what the 25% inclusionary housing requirement is and how it works, and noted Mill Valley’s is the highest in Marin County. He agreed with a public speaker that it is hard to get to 50% below AMI for the entire Housing Element if the inclusionary housing requirement is only 25%. He said there has been discussion in Mill Valley of lowering the inclusionary requirement to encourage more housing development, because inclusionary and affordable housing is loss-making and developers don’t willingly undertake building it because 7 they lose money, and the only way that it works is through subsidies, primarily from the federal or state government or from a third party within the jurisdiction. Vice Mayor Carmel said the conundrum that Mill Valley and the entire state of California face is there is no funding mechanism that provides the ability to create affordable housing.
Councilmember Sabaratnam said the General Plan calls for a diversity of housing and income types, and that is what everyone wants, but the fact is this is a small town and there are no big businesses here, meaning it is a bedroom community, meaning most of the employment for this area is servicing Mill Valley homes as dog walkers, landscapers, nannies, etc. and these workers are the biggest portion of traffic coming into Mill Valley and that is the nature of being a suburban bedroom community. Councilmember Sabaratnam noted Mill Valley is also a builtout community, so there are only so many things that can be done to create greater capacity, such as changing parking requirements and allowing for greater building height.
Senior Planner Staude reviewed Discussion 1: Program 4 – Preservation of Deed Restricted Units.
Councilmembers asked questions of Senior Planner Staude.
Vice Mayor Carmel said all the housing programs Senior Planner Staude indicated make sense, but the overall context is this is a question of where to get funding in order to preserve units, because the City would have to purchase these units at market rate in order to preserve them as below-market rate units as part of the City’s affordable housing stock, so in the future they will be looking at source of funds and it would be a question of preserving particular units versus other investment opportunities to create affordable housing in Mill Valley.
Mayor Wickham said if the City purchased one of these BMR units, that would trigger the fact that it is full market, and then the additional HOA fee attached to those units would be tied to that mortgage, and these HOA fees that can be very steep in addition to the mortgage, so the Council needs to look at these factors as they move forward with the program.
Councilmember Burke said being able to identify units potentially at risk and proactively identifying ways to sustain them is a positive consequence of the Housing Element and a good outcome.
Senior Planner Staude and Director Kelly reviewed Discussion 2: Program 5 – Mixed Use CUP.
Vice Mayor Carmel said these objective standards are smart and would help them achieve this objective of mixed-use in the commercial district.
Councilmember Sabaratnam supported this program.
Councilmembers asked questions of Senior Planner Staude.
Senior Planner Staude reviewed Discussion 3: Program 15 – Partnerships to Purchase Affordable Housing Units.
8 Vice Mayor Carmel said because it is so difficult to do affordable housing, and because it requires money, it really requires partnerships, and things like community land trusts (CLTs) are an incredibly valuable asset for the community in order to create affordable housing, so this is an essential program in order to create this very high number of affordable housing in Mill Valley in the future.
Councilmembers asked questions of Senior Planner Staude.
Councilmember Sabaratnam was supportive of these partnerships, but her concern was making sure when putting the program together that it does not prohibit for-profit developers from getting involved. She suggested developing a potential ordinance to determine if there are certain properties only, and are there restrictions on which ones are first right or not? Councilmember Perrey strongly supported the program.
Senior Planner Staude reviewed Discussion 4: Program 20, Rezoning to Accommodate RHNA and Housing Overlay Districts.
Vice Mayor Carmel said when the HAC went through all the programs every committee member said these overlays are the most important. He noted staff has identified vacant lots, accessory dwelling units achievable during this period, and existing development standards for existing lots, but ended up approximately 140 units shorts of what is needed for a certifiable Housing Element, and coming up with those extra units is where these overlays come in.
Overlays are very specific parts of Mill Valley along the major transit corridors: Miller Avenue, Camino Alto, and downtown, and look at how these areas can be rezoned with different standards to achieve 150 additional units, and that is where the reduced parking standards, increased density, and increased height come in. Vice Mayor Carmel said reducing parking to 1:1 needs to take place; increasing to 40 feet when in the flood plain makes sense; and the density makes sense. He added they should do what is necessary to achieve these 140 units, but they should not do anything beyond that unless it is necessary to achieve those additional units.
He guessed they would determine in the future that the 25% inclusionary housing has stymied housing development in Mill Valley because it is too difficult to accomplish. Vice Mayor Carmel said staff’s recommendations are essentially workarounds for getting to a lower inclusionary number and a good way to get started until they reevaluate the 25%.
Councilmember Sabaratnam said the 25% inclusionary housing has not worked out well and agreed with Vice Mayor Carmel that they should consider all the options until they draft a number to encourage more housing. Councilmember Sabaratnam confirmed she supported the overlays and reducing parking.
Councilmember Burke looked forward to seeing what property owners would do with the City’s toolkit to stimulate interest and development over the next few years. He noted much of the public comment regarded lawsuits and fighting the state, but he suggested people work with their elected representatives to chase money to help developers build what Mill Valley seeks.
Councilmember Burke confirmed he was in favor of the overlays and reduced parking.
Councilmember Perrey supported reduced parking and increasing to 40 feet in the flood plain.
He differed didn’t believe the inclusionary housing percentage needed to be reduced and said 9 some of the items are worth including, such as the larger three-bedroom unit being deed restricted and waiving the first inclusionary unit.
Mayor Wickham summarized that the Council unanimously supported the 40-foot height in the flood plain.
Vice Mayor Carmel said regarding the 25% inclusionary housing that staff’s suggestions were sensible, and he reiterated they are good ways incentivize more development.
Councilmembers Sabaratnam, Burke, and Perrey supported staff’s suggestions that would reduce the inclusionary housing percentage.
Vice Mayor Carmel confirmed for opportunity sites of half an acre or more that if they build 20% low-income, they are still talking about applying the 25%, because they are bigger sites.
Vice Mayor Carmel also noted that the floor area, the residential only, and the opportunity site are all required by law and there was nothing to discuss.
Senior Planner Staude further reviewed Discussion 4, Program 20, Rezoning to Accommodate RHNA and Housing Overlay Districts.
Vice Mayor Carmel said there is not much to discuss with the small lot overlays, since they are used as a design review threshold, and what staff has recommended for the office conversion is consistent with the way the Planning Commission would approach it.
Councilmember Sabaratnam said Vice Mayor Carmel’s comments made sense.
Councilmember Burke looked forward to seeing what happens with the office conversion overlay opportunity, of which there are a number along Miller Avenue, and he supported it.
Councilmember Perrey also supported the office conversion overlay.
Senior Planner Staude reviewed Discussion 5: Program 18 – Residential Design Guidelines.
Vice Mayor Carmel said this is the way planning is moving in Marin County and it is a good thing.
Councilmember Sabaratnam agreed with the residential design guidelines.
Councilmember Burke said the guidelines are a very valuable tool and he hoped the Council could give planning staff as much support as needed.
Councilmember Perrey also strongly supported the residential design guidelines.
Senior Planner Staude reviewed Discussion 6: Program 21 – Land Use and Zoning Updates.
Mayor Wickham summarized that the Council was unanimous in supporting the updates.
Senior Planner Staude reviewed Discussion 7: Program 22 – Redevelopment Process. 10 Mayor Wickham summarized that the Council was unanimous in supporting the redevelopment process.
Senior Planner Staude reviewed Discussion 8: Program 25 – Fair Housing.
Mayor Wickham summarized that the Council was unanimous in supporting the program.
It was MOVED by Councilmember Sabaratnam and SECONDED by Vice Mayor Carmel to authorizing staff to consolidate the City Council comments, forward the Housing Element to HCD for review and comment and publish it. The Motion was carried unanimously by a 5-0 vote.
Planning and Building Director Kelley announced that they would continue working on the Housing Element and the EIR for it. A scoping meeting is scheduled for August 4th at 6:30 p.m. to solicit input from interested parties, responsible agencies, and members of the public on what is going to be examined in the EIR for the Housing Element update. The public can view the draft material online on the City’s housing webpage.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED the meeting in memory of Former Mayor Dick Swanson at 9:29 p.m. to the next Regular City Council meeting to be held on Tuesday, September 6, 2024, at 5:30 p.m. in the Mill Valley City Council Chambers. ___________________________
Urban Carmel, Mayor
ATTEST:
________________________________________
Risa De Ferrari, City Clerk