1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
MILL VALLEY COMMUNITY CENTER, CASCADE ROOM*
180 CAMINO ALTO, MILL VALLEY
October 3, 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; Assistant City Manager Piombo; Public Works Director Poster; Chief of Police Navarro; Captain Haynes; and City Clerk/Management Analyst III Politzer.
*Please note this meeting was held at the Mill Valley Community Center (180 Camino Alto, Mill Valley, CA 94941). Webcasting and broadcasting on the City's website and local cable channels was not available during the meeting. A recording of this meeting has been made available to the public at https://www.cityofmillvalley.org/278/Watch-Meetings-Online.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:33 P.M.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_221003
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to approve the agenda order. The Motion was carried unanimously by a 4-0 vote.
PRESENTATION
1. Presentation of a Proclamation Declaring October 6 – 16, 2022, as Mill Valley Film Festival Days and Congratulating the Mill Valley Film Festival on the Occasion of its 45th Anniversary.
Item 1_MVFF Proclamation_221003
Mayor Wickham read the Proclamation into the public records and presented it to Mill Valley Film Festival Board President Ken Broad.
2 CONSENT CALENDAR
Mayor Wickham opened public comment for items on the Consent Calendar.
Speakers: Paula Reynolds, Esther Cherk.
Mayor Wickham closed public comment.
Councilmember Perrey requested to move items #2 and #8 off the Consent Calendar for further discussion.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Perrey to approve the Consent Calendar, Items #2, 4, 5, 6, and 7 and to pull Items #3 and #8 off the Consent Calendar for further discussion. The Motion was carried unanimously by a 4-0 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 AB 361 Findings_221003
3. Receive the Updated Five-Year Pavement Maintenance Plan.
Recommended Action: Receive report.
Item 3_Five Year Pavement Maintenance Plan Update_221003 Public Works Director Poster gave a summary of the item.
Councilmembers asked staff questions.
Mayor Wickham opened public comment. Seeing no one who wished to speak, Mayor Wickham closed public comment.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to approve the report. The Motion was carried unanimously by a 4-0 vote.
4. Consideration of a Resolution Approving the Hamilton Drive Sanitary Sewer Force Main Replacement Plans and Specifications, Accept the Filing of a CEQA Notice of Exemption, and Authorizing the City Manager to Award to Bid and Execute a Contract with the Lowest Responsive/Responsible Bidder.
Recommended Action: Adopt Resolution No. 22-___.
Item 4_Hamilton Drive Sanitary Sewer Force Main Replacement_221003
5. Consideration of a Resolution Approving the Vacation of Existing Drainage Easement and Accepting the Dedication of New Drainage Easement at 32 Glen Drive (APN 029- 151-53).
Recommended Action: Adopt Resolution No. 22-___.
Item 5_Drainage Easements at 32 Glen Drive_221003
3 6. Second Reading and Adoption of Ordinance No. 1336 Amending Chapter 2.08 “Commissions, Boards, and Committees” of the Mill Valley Municipal Code Updating Eligibility Requirements.
Recommended Action: Adopt Ordinance No. 1336.
Item 6_Second Reading of Ordinance to Update BCC Eligibility Requirements_221003
7. Second Reading and Adoption of Ordinance No. 1337 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: Adopt Ordinance No. 1337.
Item 7_Second Reading of Ordinance to Amend Code Title 5_221003
8. Second Reading and Adoption of Ordinance No. 1338 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; Consideration of a Resolution to Establish Application Fees for such Program; and Second Reading and Adoption of Ordinance No. 1339 Extending the Temporary Outdoor Business Program Relating to Outdoor Areas on Private Property through May 31, 2023.
Recommended Action: Adopt Ordinance No. 1338, adopt Resolution No. ___, and adopt Ordinance No. 1339.
Item 8_Seasonal Outdoor Business Program Second Reading of Ordinances and Resolution_221003
City Manager Cusimano gave a summary of the item.
Mayor Wickham opened public comment.
Speakers: Paula Reynolds.
Communications (via eComment): None.
Mayor Wickham closed public comment.
Councilmembers thanked City Manager Cusimano, Assistant City Manager Piombo, and City Attorney Khalsa for their work on the project.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Ordinance to create a seasonal outdoor business use of the right-of-way agreement process.
The Motion was carried unanimously by a 4-0 vote.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Ordinance extending the Temporary Outdoor Business Program relating to outdoor areas on private property through May 31, 2023. The Motion was carried unanimously by a 4-0 vote.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Perrey to adopt the Resolution. The Motion was carried unanimously by a 4-0 vote. 4 COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor Wickham gave his deepest condolences to Vice Mayor Carmel and his family regarding the loss of his mother, Ingegerd Siri Carmel. Mayor Wickham then congratulated Assistant City Manager Piombo on his last meeting before his retirement.
Vice Mayor Carmel thanked everyone for their condolences.
Councilmember Perrey said he attended a Transportation Authority of Marin (TAM) Board meeting where they discussed approving recommendations on the One Bay Area grant program.
CITY MANAGER’S REPORT
City Manager Cusimano gave a report/update on the following topics:
• Overview of the Downtown Project survey.
• Update on the PG&E Enhanced Vegetation Management Project. • Contractor John Collins gave an update on the East Blithedale paving project.
PUBLIC OPEN TIME
Public Open Time_Public Communication Nos. 1-3_221003
Speakers: Kevin Collins, Jackson Stromberg, Damian Morgan.
Communications (via eComment): Rebekah Collins, Tom Routson.
NEW BUSINESS
9. Receive Update and Presentation on Racial Identity Profiling Act (RIPA) Data Collection.
Recommended Action: Receive report and provide direction as needed.
Item 9_RIPA Data Presentation_221003
Item 9_Public Communication Nos. 1 & 2_221003
Item 9_Public Communication No. 3_221003
Item 9_Public Communication No. 4_221003
Item 9_Public Communication No. 5_221003
Police Chief Navarro and Captain Haynes gave a presentation on the item.
Councilmembers asked staff questions.
Mill Valley Force for Racial Equity and Empowerment (MVFREE) Police Team, Tammy Edmondson and Celimine Pastor gave a presentation to the City Council on their public comments for the item.
Councilmembers asked staff additional questions regarding MVFREE’s presentation.
Mayor Wickham opened public comment.
5 Speakers: Milo Franklin, Frank Leidman, Frank Shinneman, Veronica Wilson, Eileen Fisher, Sascha Bunge, Ed Rusky, Margaret Fisher, Dart Cherk, Damian Morgan, Zoe Fry, Cheryl Wallace, (no name given), Alvaro Pastor.
Communications: None.
Mayor Wickham closed public comment.
City Manager Cusimano gave brief comments on the item in response to public comments.
Councilmembers offered deliberative comments on the item.
Vice Mayor Carmel gave a background on the City’s diversity, equity, and inclusion work which started in 2020. He said the City Council has highly prioritized Mill Valley’s policing practices and Mill Valley’s affordable housing initiatives. Vice Mayor Carmel noted Mill Valley was the first community to start collecting RIPA data and to report on it. He said data collection is very important. Vice Mayor Carmel acknowledged that, as a white male, he will never be as aware of his race in Mill Valley as a person of color may be. He continued by stating training on implicit bias with the police department is important as well as educating the community on bias by proxy. Vice Mayor Carmel emphasized that bias in a community must be addressed within the community. He said the City of Mill Valley has attempted to help educate the Mill Valley community on implicit bias through the Library, Parks and Recreation Department, and Police Department, but more needs to be done. Vice Mayor Carmel stated a third party needs to interpret the RIPA data so a consensus can be reached by all. He said it’s important to understand the data and where Mill Valley stands in Marin and what specific issues the City needs to address.
Councilmember Burke said he acknowledges there is implicit bias in the City of Mill Valley.
He thanked the community for their comments and for their ideas. Councilmember Burke said he does not want to be seen as an adversary to this process, but he wants to be an ally. He supported Vice Mayor Carmel’s suggestion of retaining a third party to analyze the RIPA data.
Councilmember Burke said he hopes to continue working with community members who are passionate about this topic.
Councilmember Perrey thanked everyone for their work on these initiatives. He said the RIPA data is finite but how it has been interpreted has differed due to each group’s methodology.
Councilmember Perrey said the City needs to sort out its best practices in data analysis methodology so everyone is on the same page as to how the RIPA data should be interpreted.
Councilmember Perrey said the City of Mill Valley has racial disparities as examined through the Marin lens, but through the Bay Area lens, it’s a bit less. He said implicit bias and systemic racism must be addressed through the City and through the community. Councilmember Perrey said certain disparities in the data must be addressed and everyone needs to acknowledge implicit bias. He acknowledged the working relationship between the Mill Valley Police Department and MVFREE and said he hopes this relationship continues to grow.
Mayor Wickham thanked MVFREE for their participation in tonight’s meeting. He supported Vice Mayor Carmel’s suggestion in retaining a third party to review the RIPA data. Mayor Wickham said we need more community members to talk about their experiences with bias in 6 Mill Valley. He said he looks forward to continuing this discussion and thanked staff for their work on this initiative.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Councilmember Burke requested to have an item for future discussion regarding ebike safety.
ADJOURNMENT – The Council ADJOURNED at 9:57 p.m. to the next Regular City Council meeting will be held on Monday, October 17, 2022. ___________________________
Jim Wickham, Mayor
ATTEST:
__________________________________________
Hannah Politzer, City Clerk/Management Analyst III