1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
September 6, 2022
6:30 P.M.
Mayor Jim Wickham – Present
Vice Mayor Urban Carmel – Present
Councilmember Stephen Burke – Present
Councilmember Max Perrey – Present
City Staff Present: City Manager Cusimano; City Attorney Khalsa; and City Clerk Politzer.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:30 P.M.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_220906
It was MOVED by Councilmember Burke and SECONDED by Vice Mayor Carmel to approve the agenda order. The Motion was carried unanimously by a 4-0 vote.
PRESENTATIONS
1. Introduction of New City Manager, Todd Cusimano.
Item 1_No Written Material_220906
Mayor Wickham introduced Mill Valley’s new City Manager, Todd Cusimano.
City Manager Cusimano spoke about his personal and professional background in Marin County and being able to work for the City of Mill Valley where his mother grew up. He praised the high caliber of the City staff and said he couldn’t wait to get started.
2. Presentation of a Letter of Condolence to Former Mayor Dick Swanson’s Family.
Item 2_Letter of Condolence to Former Mayor Dick Swanson's Family_220906 Item 2_Public Communication Nos. 3 & 4_220906
2 Mayor Wickham spoke of his experience working with Former Mayor Swanson and read a letter from the City Council to his family that outlined his many accomplishments and his service to Mill Valley.
Former Mayor Ann Solem read a letter to Former Mayor Swanson’s family from Former Mayor Chris Raker. She also spoke of her time serving on the City Council with Former Mayor Swanson.
Former Mayor Andy Berman spoke as a representative of Former Mill Valley Mayors and offered their condolences to Former Mayor Swanson’s family. He read a poem he wrote called “Thank you, Dick.”
City Clerk Politzer read two eComments:
Former Mayor Clifford Waldeck spoke of his pleasure serving with Former Mayor Swanson and running into him while walking their dogs in the park.
Paula Weaver and Keven McGrath were Former Mayor Swanson’s next-door neighbors for many years and expressed their appreciation for his many years of community service and for being a terrific neighbor and sent their condolences to his family.
Vice Mayor Carmel said he met Former Mayor Swanson when he ran for City Council, and they bonded over the Planning Commission and traffic and finance. He found Former Mayor Swanson to be intelligent and direct to the point.
Mayor Wickham related that both he and Former Mayor Swanson coached Little League and would sometimes play against each other and said he would truly be missed.
3. Presentation from Bartel & Associates on the Projected Long-Term California Public Employees’ Retirement System (CalPERS) Contributions and Liability for the City and Proposed Mitigating Options.
Item 3_Presentation by Bartel & Associates_220906
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to move Item #3 to the Consent Calendar for approval. The Motion was carried unanimously by a 4-0 vote.
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.
Councilmember Perrey said regarding Consent Calendar Items #6 and #12:
• Item #6: Councilmember Perrey said they had exceptional candidates and encouraged Mill Valley citizens to apply for committees and commissions and not give up if they don’t get accepted the first time.
3 • Item #12: Councilmember Perrey was very excited to see this resolution and supported it.
Mayor Wickham stated that interviews had been held and the City Council had appointed John Poulson and Joshua Galland for the Emergency Preparedness Commission positions, and Nick Bockh for the Bicycle and Pedestrian Advisory Committee position.
Mayor Wickham opened public comment.
Speakers: None.
Communications (via eComment): Sarah Turner, Marilyn Price, Al Grumet.
Mayor Wickham closed public comment.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Consent Calendar, Items #3-16, as amended. The Motion was carried unanimously by a 4-0 vote.
3. Presentation from Bartel & Associates on the Projected Long-Term California Public Employees’ Retirement System (CalPERS) Contributions and Liability for the City and Proposed Mitigating Options.
Item 3_Presentation by Bartel & Associates_220906
4. 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 4_Continuing to Make AB 361 Findings_220906
5. Consideration of Appointing Councilmember Perrey and Councilmember Burke to Fill Vacant Joint Powers Authorities and Liaison Assignments, and Confirmation of the Mayor's Previous Appointments.
Recommended Action: Confirm appointments.
Item 5_Council JPA Vacancy Appointments_220906
6. Consideration of a Resolution Making Appointments to Fill Unscheduled Vacancies on the Emergency Preparedness Commission and Bicycle and Pedestrian Advisory Committee.
Recommended Action: Adopt Resolution No. 22-___.
Item 6_EPC & BPAC Unscheduled Vacancy Appointments_220906
7. Consideration of a Resolution Amending Resolution No. 20-43 Authorizing Signatures to Checks.
Recommended Action: Adopt Resolution No. 22-___.
Item 7_Resolution Amending Authorization to Sign Checks_220906 4 8. Consideration of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement for the Mill Valley Music Festival with the Mill Valley Chamber of Commerce.
Recommended Action: Adopt Resolution No. 22-___.
Item 8_MVMF Resolution & Agreement_220906
9. Consideration of the Updated Long-Range Financial Plan for Fiscal Years 2022/2023 through 2031/2032.
Recommended Action: Accept the Long-Rang Financial Plan.
Item 9_Under Separate Cover_Updated Long-Range Financial Plan_220906 Item 9_Updated Long-Range Financial Plan_220906
10. Consideration of a Resolution Rejecting the Construction Bids for the 2022 Slurry Seal Project – City Project 2022-06.
Recommended Action: Adopt Resolution No. 22-___.
Item 10_Rejection of Bids for 2022 Slurry Seal Project_220906
11. Consideration of a Resolution Authorizing the Mayor to Execute the City of Mill Valley’s Response to the 2021-2022 Marin County Civil Grand Jury Report Entitled “Electrifying Marin’s Buildings: A Countywide Approach.” Recommended Action: Adopt Resolution No. 22-___.
Item 11_Grand Jury Report Response - Electrifying Marin's Buildings - A Countywide Approach_220906
12. Consideration of a Resolution Declaring a Climate Emergency.
Recommended Action: Adopt Resolution No. 22-___.
Item 12_Resolution Declaring Climate Emergency_220906
Item 12_Public Communication Nos. 2 & 3_220906
13. Consideration of the Southern Marin Fire Protection District and Mill Valley Fire Department Quarterly Report.
Recommended Action: Receive report.
Item 13_MVFD Quarterly Report_220906
14. Consideration of a Fire Department/Marin Wildfire Prevention Authority (MWPA) Budget Adjustment of Revenues ($76,682.00) and Expenditures ($76,682.00).
Recommended Action: Approve the budget adjustment.
Item 14_MVFD & MWPA Budget Adjustment of Revenues & Expenditures_220906
15. Consideration of the Marin Wildfire Prevention Authority (MWPA) Citizens Oversight Committee Report for Fiscal Year 2020-2021.
Recommended Action: Receive report.
Item 15_MWPA Citizens Oversight Committee Report_220906 5 COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Carmel reported that the Climate Action Plan Task Force held its ninth meeting last week where they went through the entire draft of the plan and made more revisions. The Climate Action Plan is now open for public comments over the next couple of weeks, and staff will revise the plan based on those comments. Under the plan, Mill Valley will have the most aggressive, but realistic, climate action plan in terms of greenhouse gas reductions in Marin County. The plan will go to the City Council in the next couple of months.
Councilmember Perrey attended his first meeting of MCE Energy’s board of directors as Mill Valley’s representative. The Board approved a change in the default for new accounts from the light green 60% renewable energy option to the 100% deep green option, and Councilmember Perrey voted in favor of it. New accounts with PG&E or MCE will automatically be transferred to the deep green option and they can opt down to the light green or opt out to PG&E.
Mayor Wickham introduced Mill Valley’s new City Manager, Todd Cusimano, and asked for his report.
CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• September is National Preparedness Month. The Mill Valley Library and the Fire Department are collaborating on emergency preparedness with a series on Thursdays during September. September 1: Fire Readiness and Defensible Space; September 8th:
Packing your Go Bag; September 15th: Making a Plan; September 22nd: Evacuation, Resources, and Community Refuge Areas; and September 29th: First Aid and CPR. • Over the past summer Mill Valley partnered with the Marin County Cooperation Team on a seven-week paid summer internship opportunity for five high-school students who were placed in various City departments. The program was very successful, and they hope to expand it next summer.
• There is a lot of eBike activity in Mill Valley with school in session. Staff is working with the Police Department and will continue its education plan and start with warning citations. The City may bring something back to the Council to handle eBike citations or enforcement where the parents would be given a citation as they do the Social Host Ordinance. Staff will also try to do education through the schools as well. • There have been many public comments regarding Engine No. 9 being located at The Depot, and staff is working to develop a communication plan to engage the community on what it wants to see with the expansion of The Depot, with Engine No. 9 being one of them. They will bring that plan to the City Council in the next two weeks. They may also take their plan to the Parks and Recreation Commission to develop a list of top priorities and bring it back to the Council later in the year for decision-making.
Consultant/Construction Manager John Collins gave an update on the East Blithedale Avenue project:
• Marin Municipal Water District mainline work is complete. • The remaining items of work are lateral connections. They will be pulling the full closure from Camino Alto to Millwood on September 16th, and most of the laterals will be done 6 by then, however, there will be a smaller section on East Blithedale that will be closed from September 19-23 due to existing laterals that are very shallow. • Three sewer laterals need to be finished after the water line work is completed. • They are seeking a firm date from the contractor for the repaving of Sycamore Avenue from La Goma to Blithedale, the target being the 2nd or 3rd week of October. • Phase 2 and Phase 3 from Camino Alto to Sunnyside Avenue continue with curb ramp, curb and gutter, sidewalks, driveways, and drainage.
• They are attempting to hopscotch in two-block increments and alternating between the south and north sides to keep traffic moving through the area. • Before they can pave out East Blithedale PG&E needs to adjust their gas facilities; PG&E can begin that work starting December 5th.
• Bike enthusiasts were concerned about a bulb-out at Mesa Avenue. They met with them and showed them why it is needed for ADA requirements on that side. • They removed two bulb-outs at Thalia Street and East Drive where the sidewalk in front of the tennis courts is already eight feet wide.
Councilmembers asked questions of Construction Manager Collins.
PUBLIC OPEN TIME
Public Open Time_Public Communication Nos. 1-21_220906
Mayor Wickham opened Public Open Time.
Speakers: None.
Communications (via eComment): None.
Mayor Wickham closed Public Open Time.
NEW BUSINESS
16. Consideration and Discussion of the City’s Options for Filling the City Council Seat Vacated by Councilmember (McEntee) Sabaratnam’s Resignation.
Recommended Action: Receive report, discuss, and provide direction to staff.
Item 16_Options for Filling City Council Seat Vacancy_220906 City Attorney Khalsa provided an update on options to fill the vacant City Council seat and notified the Council that its only legal option would be to call a special election.
City Clerk Politzer outlined the schedule and requested Council direct staff to place on a future agenda, by October 3rd, a declaration of a special election for March 7, 2023. The City Council seat will be filled by someone elected and then will be up for reelection again the following year in 2024.
Councilmembers asked questions of City Clerk Politzer.
Mayor Wickham opened public comment.
7 Speakers: Ken Brooks, John Cutler, Clifford Waldeck
Communications (via eComment): None.
Mayor Wickham closed public comment.
City Attorney Khalsa provided additional comments regarding a special election to fill the Council seat vacated by Councilmember Sabaratnam’s resignation. She noted the courts were clear in a case very close to Mill Valley’s situation, Robson vs. the Upper San Gabriel Valley Municipal Water District, and ruled that where there is any ambiguity regarding the definition of appointed versus elected the law should be construed in favor of having an election and based on that City Attorney Khalsa offered the advice that a special election was the best path for Mill Valley. She confirmed that the Attorney General does weigh on these kinds of election questions, but the courts take precedence and would simply cite the same case on which City Attorney Khalsa based her opinion that a special election was needed.
Councilmembers asked questions of City Attorney Khalsa.
Mayor Wickham directed City Attorney Khalsa to work with the City Manager who will report back to the Council, and then they will decide on how to address the issue of filling the vacant City Council seat, noting that the price tag of a special election is hefty and would defeat the purpose.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Perrey to approve Agenda Item 16. The Motion was carried unanimously by a 4-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Councilmember Burke noted the high number of Mill Valley citizens who roll through the stop signs at the intersection of Throckmorton Avenue and Miller Avenue and requested it be addressed by having clear signage or having the Police Department enforce it because pedestrians step off the curb without looking and the cars roll through.
Mayor Wickham urged Mill Valley citizens to get involved with local government and hoped more members of the community would participate.
ADJOURNMENT – The Council ADJOURNED at 7:25 p.m. to the next Regular City Council meeting held on Monday, September 19, 2022, at 6:30 p.m. in the Mill Valley City Council Chambers.
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Jim Wickham, Mayor
ATTEST:
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Risa De Ferrari, City Clerk