1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
September 19, 2022
6:30 P.M.
Mayor Jim Wickham – Present
Vice Mayor Urban Carmel – Absent
Councilmember Stephen Burke – Present
Councilmember Max Perrey – Present
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Assistant City Manager Piombo; Planning and Building Director Kelly; Senior Planner Staude; Senior Management Analyst/Assistant to the City Manager Rogers; Senior Management Analyst Walsh; and City Clerk/Management Analyst III Politzer.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:30 P.M. Mayor Wickham noted Vice Mayor Carmel was absent.
ACTION OUT OF CLOSED SESSION
Closed Session Agenda_220919
None.
APPROVAL OF THE AGENDA ORDER
Agenda_220919
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to approve the agenda order. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
PRESENTATIONS
None.
CONSENT CALENDAR
Mayor Wickham opened public comment for items on the Consent Calendar.
Speakers: Clayton Smith.
2 Communications (via eComment): None.
Mayor Wickham closed public comment.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to approve the Consent Calendar, Items #1-5. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
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_Continuing to Make AB 361 Findings_220919
2. 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 “Affordable Housing: Time for Collaboration in Marin.”
Recommended Action: Adopt Resolution No. 22-___.
Item 2_Response to Civil Grand Jury Report - Affordable Housing_220919
3. Consideration of a Resolution Calling and Consolidating the March 7, 2023 Special Municipal Election and Requesting Consolidation and Services by the Marin County Elections Department.
Recommended Action: Adopt Resolution No. 22-___.
Item 3_Resolution Calling March 7, 2023 Special Election_220919
4. Consideration of a Resolution Approving the Plans and Specifications for the Downtown Paving, Sidewalk, and Storm Drain Rehabilitation Phase III Project; Authorizing the City Manager to Award the Construction Project; and Accepting CEQA Notice of Exemption.
Recommended Action: Adopt Resolution No. 22-___.
Item 4_Downtown Rehabilitation Process Phase III PS&E_220919
5. Consideration of a Budget Adjustment to the City's Equipment Replacement Fund in the Amount of $380,000 for a Replacement Vactor Truck.
Recommended Action: Approve the budget adjustment.
Item 5_Budget Adjustment for Equipment Replacement_220919
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor Wickham addressed the distressing incident which occurred in the City of San Rafael through the San Rafael Police Department. He said the department’s actions will not be tolerated in the City of Mill Valley. Mayor Wickham also addressed the PG&E Enhanced Vegetation Management project and noted staff will be working closely with PG&E as it progresses. 3 Councilmember Burke attended a Marin Wildfire Prevention Authority (MWPA) meeting last week and was appointed to the finance committee with former Mayor John McCauley who is on the MWPA citizen oversight committee.
Councilmember Perrey attended the annual League of California Cities conference where he connected with a lot of government officials from all around California. He also gave a shout-out to the new bakery on Sunnyside Avenue and the new restaurant, Mamahuhu on Throckmorton Avenue.
CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• The Downtown Project survey and process.
• Senior Management Analyst Walsh provided the city-wide DEI initiatives update.
PUBLIC OPEN TIME
Mayor Wickham opened public comment for Public Open Time. Seeing no one who wished to speak, Mayor Wickham closed public comment.
OLD BUSINESS
6. Receive and Review Preliminary Site Planning Work Conducted to Date to Determine the Feasibility of Building Affordable Rental Housing on the Northern Portion of 1 Hamilton Drive and Consideration of Approving the Recommended Approaches.
Recommended Action: Receive report, adopt Resolution No. 22-___, and provide direction/feedback to staff.
Item 6_1 Hamilton Drive Update_220919
Item 6_Public Communication Nos. 1-47_220919
Item 6_Public Communication Nos. 48-52_220919
Item 6_Public Communication Nos. 53-56_220919
Planning and Building Director Kelly and Senior Planner Staude gave a summary of the staff report.
Councilmembers asked staff questions.
Mayor Wickham opened public comment.
Speakers: Mark Usher, Dave Wygant, David Kennedy, Pei Chin Chiang, Clayton Smith, Jerilyn Ceiling, Paula (no last name given), Caroline Hyder, Eric Bindelglass, Eileen Fisher, John Tooler, Lisa Edson, and Mary McGerity.
Communications (via eComment): John McCauley, Robert Pendoley, and Carlos Montalvan.
Mayor Wickham closed public comment.
4 Staff responded to comments made during public comment.
Councilmembers gave staff direction on the proposed parking location, public restroom location, and Electric Vehicle charging stations.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to adopt the Resolution. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
PUBLIC HEARING
7. Introduction and First Reading of an Ordinance Amending Chapter 2.08 “Commissions, Boards, and Committees” of the Mill Valley Municipal Code Updating Eligibility Requirements.
Recommended Action: Introduce the Ordinance and waive First Reading.
Item 7_Ordinance Amending BCC Eligibility_220919
Senior Management Analyst/Assistant to the City Manager Rogers gave a summary of the staff report.
Councilmembers asked staff questions.
Mayor Wickham opened public comment for the item. Seeing no one who wished to speak, Mayor Wickham closed public comment.
Councilmembers supported introducing the ordinance and waiving its First Reading.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to introduce the Ordinance and waive First Reading. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
8. Introduction and First Reading of an Ordinance Modifying Mill Valley Municipal Code Title 5 “Licensing and Taxation” to Clarify and Update Regulations in Chapter 5.32 Related to “Exemptions for Certain Residential Housing Projects.” Recommended Action: Introduce the Ordinance and waive First Reading.
Item 8_Ordinance Modifying Regulations Related to Exemptions for Certain Residential Housing Projects_220919
Senior Planner Staude gave a summary of the staff report.
Councilmembers asked staff questions.
Mayor Wickham opened the public hearing.
Speakers: Tay Franklin.
Communications (via eComment): None.
5 Mayor Wickham closed the public hearing.
Councilmembers concurred with introducing the Ordinance by title only and to waive First Reading.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to introduce the Ordinance and waive First Reading. The Motion was by a 3-0 vote. Vice Mayor Carmel absent.
9. Seasonal Outdoor Business Program: 1) Introduction and First Reading of an Ordinance Amending Title 11 (“Streets and Sidewalks”) of the Mill Valley Municipal Code by Adding Chapter 11.19 entitled “Seasonal Outdoor Business Use of Public Right-of-Way” to Create a Seasonal Outdoor Business Use of the Right-of-Way Agreement Process; 2) Consideration of a Resolution to Establish Application Fees for Such Program, and Consideration of an Extension of the City’s Temporary Outdoor Dining Program; 3) Consideration of a Resolution Extending Public Right-of-Way Agreement Portion of the Temporary Seasonal Outdoor Business Program through May 31, 2023; and Introduction and First Reading of an Ordinance Extending the Temporary Outdoor Business Program Relating to Expanded Used in Outdoor Areas on Private Property through May 31, 2023.
Recommended Action: Introduce and waive First Reading of Ordinance No. ___, adopt Resolution No. 22-___, adopt Resolution No. 22-___, and introduce and waive First Reading of Ordinance No. ___.
Item 9_Seasonal Outdoor Business Program Ordinances & Resolutions_220919 City Manager Cusimano, Assistant City Manager Piombo, and Planning and Building Director Kelly gave a summary of the staff report.
Councilmembers asked staff questions.
Mayor Wickham opened public comment.
Speakers: Peter Schumacher, Jim Welte, Kevin Skiles, Laura Truppelli.
Communications (via eComment): None.
Mayor Wickham closed public comment.
Mayor Wickham said the City’s downtown business district is a priority to the City and he wants to make sure protecting retail parking spaces are addressed in the future.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to introduce the Ordinance and waive First Reading adding Chapter 11.19 to the Mill Valley Municipal Code to create a seasonal outdoor business use program to temporarily allow seasonal outdoor business uses in the public right of way and making a determination of exemption pursuant to the California Environmental Quality Act. The Motion was carried by a 3-0 vote.
Vice Mayor Carmel absent.
6 Councilmember Perrey requested to continue the discussion regarding the Resolution to the next City Council meeting for further discussion. Councilmembers concurred to bring the item back at their October 3, 2022 Regular City Council meeting.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to adopt the Resolution extending the Temporary Business Program for uses in portions of the public right of way under Resolution No. 20-36, as amended by Resolution Nos. 21-46 and 22- 27, through May 31, 2023. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to introduce the Ordinance and waive First Reading extending the Temporary Outdoor Business Program for expanded uses on private property under Urgency Ordinance No. 1317U, as amended by Ordinance Nos. 1329 and 1334, through May 31, 2023. The Motion was carried by a 3-0 vote. Vice Mayor Carmel absent.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED at 9:00 p.m. to the next Regular City Council meeting will be held on Monday, October 3, 2022. ___________________________
Jim Wickham, Mayor
ATTEST:
___________________________________________
Hannah Politzer, City Clerk/Management Analyst III