1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
October 17, 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; Planning and Building Director Kelly; Building Official Razi; Southern Marin Fire Protection District (SMFPD) Deputy Fire Chief Welch; SMFPD Division Chief/Fire Marshal Hilliard; and City Clerk Politzer.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:30 PM
ACTION OUT OF CLOSED SESSION
Closed Session Agenda_221017
None.
APPROVAL OF THE AGENDA ORDER
Agenda_221017
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Perrey to approve the agenda order. The Motion was carried unanimously by a 4-0 vote.
PRESENTATIONS
1. Presentation of the City of Mill Valley’s Employee of the Quarter Recipient(s).
Item 1_No Written Material_221017
City Manager Cusimano announced he could not decide between two candidates for the recipient of the first Mill Valley Employee of the Quarter award: Athena Langdon, Permit Services Coordinator in the Building Department; and Danielle Staude, Senior Planner in the Planning Department, so he chose both candidates, each to receive $500. City Manager Cusimano outlined the services performed by each recipient, and Councilmembers expressed their appreciation.
2 2. Presentation of the Annual Report from Mill Valley’s Representative on the Marin County Commission on Aging.
Item 2_No Written Material_221017
Girija Brilliant, Mill Valley’s Representative to the Marin County Commission on Aging provided background on why a commission on aging is needed and said the purpose of the Marin County Commission on Aging is to educate the community on issues relating to aging and advocate for polices and services to support them. She noted that Marin County has one of the most rapidly aging populations in California and outlined the challenges Mill Valley seniors face.
Girija Brilliant answered the Councilmember’s questions.
CONSENT CALENDAR
City Manager Cusimano recommended an amendment to the resolution regarding Item 5, on page 2, paragraph B, line 52, to read as follows:
• “For fiscal year 2024/2025 and subsequent fiscal years the City of Mill Valley shall transfer to the Southern Marin Fire Protection District the percentage of the total City of Mill Valley property tax revenue in fiscal year 2023/2024 that is represented by $6,624,263.”
• In Exhibit A “To be further described” shall be deleted. • The next sentence would start on line 55, “The City Manager and Fire Chief are hereby authored to verify and confirm the precise percentage to reflect the intent of the City and District as described in this resolution.”
Mayor Wickham asked if any Councilmember or member of the public wished to pull any of Items 3-6 from the Consent Calendar. There were no requests.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Consent Calendar, Items #3-6, as amended. The Motion was carried unanimously by a 4-0 vote.
3. 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 3_Continuing to Make AB 361 Findings_221017
4. Consideration of the September 19, 2022 and October 3, 2022 Regular City Council Meeting Action Minutes and the October 3, 2022 Special Joint City Council and Southern Marin Fire Protection District Board of Directors Meeting Action Minutes.
Recommended Action: Approve the action minutes.
Item 4_Approval of Action Minutes_221017
3 5. Consideration of a Resolution Accepting a Negotiated Exchange of Property Tax Revenues between the City of Mill Valley and the Southern Marin Fire Protection District.
Recommended Action: Adopt Resolution No. 22-___.
Item 5_Under Separate Cover_Property Tax Revenues Resolution_221017 Item 5_Property Tax Revenues Resolution_221017
6. Consideration of a Resolution Approving the Plans and Specifications for the Roque Moraes Guardrail Project; Authorizing the City Manager to Award the Construction Contract; and Accepting the CEQA Notice of Exemption.
Recommended Action: Adopt Resolution No. 22-___.
Item 6_Roque Moraes Guardrail Project PS&E_221017
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Carmel said on November 5th the Redwoods retirement community, Mill Valley’s largest affordable housing development, will celebrate its 50th anniversary with a gala at The Seminary at Strawberry to recognize its 50 years in the community, and to raise funds to complete the campus and provide funding to residents. Vice Mayor Carmel noted the Mill Valley Film Festival just concluded and was another great success. He also said the City’s next big event will be the return of the Mill Valley Music Festival on May 13-14, now a two-day event, at Friends Field. The festival raises money to support art in the community. Vice Mayor Carmel thanked Senior Planner Daniel Staude, and her team will host a public workshop on the Climate Action Plan live on Zoom on October 19th at 6:30 pm. He noted this would be an opportunity for all members of the community to provide input regarding this important document.
Councilmember Burke said he has been named to represent Mill Valley on the Marin Wildfire Prevention Authority, funded through Measure C and he has also been named to the Finance Committee. Councilmember Burke said in the most recent Finance Committee meeting the members reviewed the budgets for two important Mill Valley programs:
• Home hardening: Citizens can be reimbursed for expenses to create a defensible space.
Go to marinfire.org for information.
• Clean Mill Valley Adopt-a-Spot: A location for cleaning is available from Olive Avenue to the library. Go to [email protected] for information.
Councilmember Burke encouraged Mill Valley’s young people to consider this volunteer activity as valuable and important to the City’s quality of life.
Councilmember Perrey said he attended the Mill Valley Film Festival and related that many people were happy to have it back. He also noted that on October 18th Sustainable Mill Valley will host an unbiased candidate forum for the Mill Valley School Board race live on Zoom. Go to [email protected] for info. Councilmember Perrey also stated he represents Mill Valley on the MCE Board of Directors, which will meet on October 20th to discuss a possible rate increase, the budget, and a contract with a geothermal provider. 4 Mayor Wickham said he, along with Southern Marin Fire District Chief Tubbs and Deputy Chief, Southern Marin Fire District Welch, attended a documentary at the Mill Valley Film Festival called, “Element: Reimagining a Relationship with Wildfire,” and it was a good reminder that Mill Valley has had catastrophic wildfires in the past. Mayor Wickham also said the second City Council meeting in November 2022 will be canceled due to Councilmember absences, with two additional meetings until the new year.
CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• The third community workshop regarding the One Hamilton Drive project was held last week, with many City Council members and sixty members of the community attending.
Discussion included design concepts and updating the public on what the project is and is not. The next steps will be to hold a joint meeting of the City Council and Planning Commission on November 2nd to get direction and feedback from the Council and Commission on the design concepts and potential placement of this project, then move forward with a formal application and start the design review process. • A shared services agreement will come to the City Council shortly for consideration to provide police services at all levels to assist the City of Sausalito due to Sausalito’s shortage of multiple positions from the Chief of Police downward. • He has been working with Vice Mayor Carmel and they have scheduled a meeting with the City of Sausalito to discuss potentially sharing a climate action or sustainability coordinator. They are also closely watching the Town of Corte Madera with their sustainability and climate action coordinators with a goal of Mill Valley sharing the two coordinators with Sausalito and Corte Madera because this is a regional issue and should be addressed regionally. They should be able to do something with Corte Madera on an interim basis if necessary in November and start to get support for Mill Valley’s planning staff in moving the Climate Action Plan forward.
• He is working with the Chamber of Commerce on a fact sheet on outdoor dining and the impacts of those that have parklets in the downtown, and what they are going to ask them to do between now and April, and also to go to all the businesses in the area to see if other opportunities are moving forward so they can bring any necessary amendments to the Council between now and next year.
• They are also tying those opportunities to any of the City’s CIP projects. Several of them are coming in the summer of 2023 and they want to use this as an opportunity to extend sidewalks to support businesses.
• His office is developing a City Manager working group that will be on all issues Citywide and asked the Council for references for anyone they thought would be a good fit with the group.
PUBLIC OPEN TIME
Mayor Wickham opened Public Open Time. Seeing no one who wished to speak, Mayor Wickham closed Public Open Time.
5 PUBLIC HEARING
7. Consideration of 2022 Building and Fire Codes Including:
a) Public Hearing, Introduce and Read by Title Only an Ordinance Amending Chapters
14.05 and 15.04 of the Mill Valley Municipal Code, Adopting by Reference the 2022 Editions of the California Fire, Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, Referenced Standard Codes, and Appendix A of the 2021 International WildlandUrban Interface Code, with Amendments to Reflect Local Conditions.
Recommended Action: Introduce Ordinance, waive First Reading, and set the public hearing date.
b) Consideration of a Resolution Making Express Findings and Determinations that Modifications to the 2022 California Building Code, California Residential Code, and California Fire Code are Reasonably Necessary because of Local Climatic, Geologic, and/or Topographic Conditions.
Recommended Action: Adopt Resolution No. 22____.
Item 7_Under Separate Cover_Building & Fire Code Ordinance_221017 Item 7_Building & Fire Code Ordinance First Reading_221017 Director of Planning and Building Kelly; Deputy Division Chief/Fire Marshal, Southern Marin Fire District Hilliard; Deputy Chief, Southern Marin Fire District Welch, and Mill Valley Building Official Razi provided a presentation regarding the 2022 Building and Fire Codes, an ordinance that amends the municipal code to comply with the state building standards code. The California Standards Commission reviews the California Building Code and Fire Code every three years, and the standards become effective January 1, 2023. The objective of the ordinance is for the codes to serve to comply with state law.
Chief Hilliard spoke about the fire code in other jurisdictions. The Southern Marin Fire District board will pass the ordinance, then it goes to ratification for the other jurisdictions. He outlined what is in the code now, what is in the local ordinances, and what the future looks like. He said the special code related to banned hazardous vegetation is still in the code and will remain for this code cycle. The ordinance says Mill Valley is adopting what California recognizes as a local minimum code requirement, with special modifications for Mill Valley individually.
Director Kelly and City Attorney Khalsa outlined the actions before the City Council. 1) Adopting a resolution that the 2022 California Building Code, California Residential Code, and California Fire Code, are necessary because of local climatic, geologic, and topographic conditions; 2) Introducing the ordinance for first reading and adopting by reference the 2022 editions of the California Fire and Building Codes; and 3) Setting the official public hearing for the second reading.
Director Kelly, City Attorney Khalsa, and Chief Hilliard answered Councilmember’s questions.
Mayor Wickham opened the Public Hearing. Seeing no one who wished to speak, Mayor Wickham closed the Public Hearing.
6 It was MOVED by Councilmember Perrey and SECONDED by Vice Mayor Carmel to 1) Adopt the Resolution making express findings and determinations that the modifications to the 2022 California Building Code, California Residential Code, and California Fire Code are reasonably necessary because of local climatic, geologic, and/or topographic conditions. 2) Introduce and waive full reading by title only Ordinance 1340 amending chapters 14.05, 14.48,
15.04 of the Mill Valley Municipal Code, adopting by reference the 2022 editions of the California fire, administrative, building, residential, electrical, mechanical, plumbing, energy, green building, historical building, existing building, referenced standards codes, and Appendix A of the 2021 International Wildland-Urban Interface Code, with amendments to reflect local conditions. 3) Set a public hearing for the December 5th regular City Council meeting. The Motion was carried unanimously by a 4-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Mayor Wickham asked for Council for opinions on moving the City Manager’s Report to after Public Open Time on City Council agendas going forward, allowing City Manager Cusimano to address any items brought up during Public Open Time. Councilmembers agreed to move the City Manager’s Report. Mayor Wickham also suggested bringing back the monthly “Council on the Plaza” beginning in January 2023 now that they are getting out of COVID, perhaps on Saturdays for 2-3 hours to be available to the community. The Council agreed to work with City Manager Cusimano to set up a schedule. Councilmembers suggested holding the events at The Depot Plaza, the lumberyard, and the community center. Councilmembers will also staff a City Council table at Mill Valley’s Winterfest on December 4th.
ADJOURNMENT – The Council ADJOURNED at 7:38 p.m. to a Closed Session meeting immediately following the Regular City Council meeting. The next Regular City Council meeting will be held on Monday, November 7, 2022.
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Urban Carmel, Mayor
ATTEST:
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Risa De Ferrari, City Clerk