1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
November 7, 2022
6:30 PM
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; Director of Public Works Poster; Senior Management Analyst Walsh; and City Clerk Politzer.
CALL TO ORDER
Mayor Wickham called the meeting to order at 6:30 PM
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_221107
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.
PRESENTATION
1. Presentation and Consideration of a Resolution to Declare the Week of November 13-19, 2022, as "United Against Hate Week" in the City of Mill Valley.
Item 1_United Against Hate Week Resolution_221107
Senior Management Analyst Walsh gave an overview of “United Against Hate Week” and answered Councilmember’s questions.
Mayor Wickham opened public comment.
Speakers: Tammy Edmonson
Communications (via eComment): Naima Dean
2 Mayor Wickham closed public comment.
Senior Management Analyst Walsh read the resolution into the meeting’s public record.
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.
CONSENT CALENDAR
Mayor Wickham requested City Attorney Khalsa provide a brief update and comments regarding Item #4 without pulling the item from the Consent Calendar.
City Attorney Khalsa said the public had expressed concern that shortening the review period for the Housing Element EIR would limit public comment on the One Hamilton Drive project and responded that the City is moving forward with the full project-level EIR for One Hamilton, and the review of that site and the Housing Element would only be in the context of all of the units that are being added City wide with the Housing Element and would not be One Hamilton specific. City Attorney Khalsa clarified that the shorted public review time for the Housing Element EIR is so Mill Valley can meet its Housing Element deadlines, which would benefit the community by allowing the City Council to maintain maximum discretion over any other future projects.
Vice Mayor Carmel requested Item #3 be pulled from the Consent Calendar because it contained dates that conflicted with his schedule.
Mayor Wickham opened public comment. An Unidentified Member of the Public requested Item #4 be pulled from the Consent Calendar. Seeing no one else who wished to speak, Mayor Wickham closed public comment.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to adopt the Consent Calendar, Items #2 and #5, pulling Items #3 and #4 for 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_221107
3. Consideration of the Adoption of the Regular City Council Meeting Schedule for 2023.
Recommended Action: Adopt Resolution No. 22-___.
Item 3_Proposed 2023 City Council Meeting Schedule_221107 Vice Mayor Carmel had schedule conflicts with the proposed dates of February 23rd and June 22nd, and recommended moving the February 23rd meeting to February 22nd, and moving the 3 June 22nd meeting to the following Monday, June 26th, as they would still have two weeks before the next meeting on July 10th. Councilmembers unanimously agreed to the two date changes.
Mayor Wickham said there had been consideration of moving City Council start times to 5:30 p.m. rather than 6:30 p.m. starting the first quarter of January 2023 to allow staff more time to get home after the meetings and to allow more active public engagements at earlier meetings.
Councilmember Perrey had no issues with the time change but noted the Council often meets for closed session prior to the public meeting and he likely wouldn’t be able to attend a closed session at 4:30 p.m. but he could it if were held at 5:00 p.m.
Vice Mayor Carmel said the time change worked for him, especially for meetings that run long.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to adopt the Regular City Council Meeting Schedule for 2023, subject to the amended dates and times. The Motion was carried unanimously by a 4-0 vote.
4. Consideration of a Resolution Delegating Authority to the City Manager to Request Shorter Public Review Time for the Housing Element Subsequent Environmental Impact Report Pursuant to CEQA Guidelines Section 15105.
Recommended Action: Adopt Resolution 22-____.
Item 4_Under Separate Cover_Resolution Requesting Shorter Public Review Time - Housing Element_221107
Item 4_Resolution Requesting Shorter Public Review Time - Housing Element_221107 City Attorney Khalsa outlined events leading to the request for a shorter Housing Element public review time, saying that Mill Valley, along with several Bay Area and State of California jurisdictions, believed they had 120 days after the January 31st deadline to adopt the Housing Element and avoid penalties, but the Association of Bay Area Governments has said that if they fail to meet the deadline developers will likely submit applications immediately asking to build developments not allowed under the General Plan, zoning, or design guidelines. To avoid that, they are striving to meet the January 31st deadline and request the review time for the Environmental Impact Report for the Housing Element be changed from 45 days to 30 days to avoid dire consequences for Mill Valley. City Attorney Khalsa clarified that projects at One Hamilton Drive and every other project would have 45-day public review periods.
Mayor Wickham opened public comment.
Speakers: Clayton Smith
Communications (via eComment): None.
Mayor Wickham closed public comment.
4 It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Resolution in Consent Calendar Item #4 as stated. The Motion was carried unanimously by a 4-0 vote.
5. Consideration of a Resolution Accepting as Complete Work Under a Contract to Argonaut Constructors for the East Blithedale Rehabilitation Project Phase I.
Recommended Action: Adopt Resolution No. 22-___.
Item 5_East Blithedale Rehabilitation Project Phase I Resolution and NOC_221107
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Carmel attended a county-wide climate action team meeting recently where they discussed how cities would align with the county’s upcoming new 2023 building green code.
They are trying to achieve some level of homogeneity between the cities so it is easier for developers to come into Marin County.
Councilmember Burke represents Mill Valley on the countywide Priority Setting Committee that deals with the distribution of federal funds through HUD. The American Rescue Plan (ARP) has distributed $3 million to Marin; Councilmember Burke proposed the funds be used for affordable housing assistance or paydown because the county is trying to go in that direction.
Councilmember Perrey represents Mill Valley on the board of MCE, the community-choice electricity provider, and was appointed to the Executive Committee, which met on November 4th to discuss rate setting for 2023. A small rate increase will be discussed at the November 17th MCE board meeting on Zoom, which is open to the public.
Mayor Wickham said he would meet on November 10th with the Richardson Bay Regional Authority, which was awarded $3 million to be used to provide housing for 56 individuals residing in liveaboards on the bay, which must be removed by 2025. Mayor Wickham commented that he and City Manager Cusimano attended the Redwoods 50th anniversary party recently. Mayor Wickham also noted the next City Council meeting on November 21st had been canceled due to lack of a quorum, but the joint meeting between the City Council and Planning Commission scheduled for November 30th to discuss the One Hamilton Drive project would still be held.
PUBLIC OPEN TIME
Mayor Wickham opened Public Open Time.
Speakers: Clayton Smith, Loretta Zarza
Communications (via eComment): None.
Mayor Wickham closed Public Open Time.
5 CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• He was part of the interview panel for the new executive director of the Richardson Bay Regional Authority. Two very qualified candidates will be moved to the working group of the board, of which the mayor is part, to be reviewed. • The City Council expressed a desire to resurrect the Foodware Ordinance that the Council and staff were working on with the county and community in late 2019. He will be putting that ordinance together to bring it to the Council at the beginning of 2023. • The city has been in discussions with Sausalito and Tiburon regarding sharing a sustainability coordinator, similar to what San Anselmo and Fairfax have done. A draft job description is being reviewed by the three cities and will then be brought to the City Council. He intends to start recruiting for that position and have someone hired by the end of the year, with Daniel Staude overseeing the position. • He and Senior Management Analyst Walsh are forming the City Manager team of community volunteers, and they will start having a public conversation about policing. • Stephanie Young of Heart of the Village has invited City Manager Cusimano, Chief of Police Novarro, and Tamalpais High School Principal JC Farr to talk to parents regarding eBikes and Mill Valley youth. He and Accounting Supervisor Atashkarian recently met with all the Marin County agencies to discuss eBikes and found that Mill Valley and Central Marin are doing more than everyone else. To make Mill Valley a leader they plan to bring an ordinance to the City Council to take the Social Host Ordinance philosophy to hold parents responsible for the eBike violations of their minor children.
• City Manager Cusimano reviewed recent events with youth breaking the law and in which police officers were attacked. Using video of the events, they are investigating and working with the police and families to hold the violators accountable.
OLD BUSINESS
6. Consideration of the Fiscal Year 2021/2022 Municipal Service Tax Annual Report.
Recommended Action: Receive report.
Item 6_Annual MST Report 2021-2022_221107
Director of Public Works Poster gave a presentation on the Municipal Service Tax, its history, and the types of improvements Public Works undertakes. He announced that Mill Valley’s PCI (Pavement Condition Index) scored a 71, the third best in the county because this community helps fund the City’s improvements, including increased money for vegetation management in the past few years because of the wildfires happening. Director Poster reported that the City Council has said they want Public Works to get to the neighborhood roads and not just do the arterials, and that is part of the plan being brought to the City Council.
Councilmember Perrey, said, as a member of the Emergency Preparedness Commission, he invites Southern Marin Fire District Chief Tubbs to speak about Firewise Communities through the Firewise USA program to help communities reduce the risk of wildfire destruction. 6 He noted Homeowners are assigned a series of tasks to complete with Fire Department support, and they get certified by Firewise USA as a Firewise community.
Mayor Wickham opened public comment. Seeing no one who wished to speak, Mayor Wickham closed public comment.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adjourn the meeting. The Motion was carried unanimously by a 4-0 vote.
ADJOURNMENT – The Council ADJOURNED at 7:47 p.m. to the next Regular City Council meeting which will be held on Monday, November 30, 2022. Please note that the November 21, 2022 Regular City Council meeting has been canceled. ___________________________
Stephen Burke, Mayor
ATTEST:
__________________________________________
Risa De Ferrari, City Clerk