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Mill Valley City Council
March 6, 2023

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Minutes
Meeting
March 6, 2023
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Mill Valley City Council
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1 CITY OF MILL VALLEY

REGULAR CITY COUNCIL MEETING

ACTION MINUTES

COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
March 6, 2023
5:30 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; Public Works Director Poster; Division Chief/Fire Marshal Hilliard; Fire Prevention Specialist Ramiro; Senior Management Analyst Walsh; Assistant to the City Manager/Senior Management Analyst Rogers; and City Clerk/Management Analyst III Politzer.

CALL TO ORDER
Mayor Wickham called the meeting to order at 5:31 P.M.

ACTION OUT OF CLOSED SESSION
None.

APPROVAL OF THE AGENDA ORDER
Agenda_230306
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to approve the agenda order. The Motion was carried unanimously by a 4-0 vote.

PUBLIC HEARING

1. Consideration of an Appeal Filed by Community Venture Partners, Inc. / Mr. Bob Silvestri of the Planning Commission's Approval of the Richardson Terrace Project at 575 E. Blithedale Avenue in Accordance with Mill Valley Municipal Code (MVMC)

20.100.130.

Recommended Action: Hold Public Hearing and adopt Resolution No. 23-___, denying the appeal upholding the Planning Commission's conditional approval of the Richardson Terrace Project and determination that the project is exempt from the California Environmental Quality Act ("CEQA").

Item 1_Appeal of 575 E. Blithedale Avenue Project_230306 Item 1_Communication Nos. 1 thru 12_230306
Item 1_Communication Nos. 13 thru 18_230306
Item 1_Communication Nos. 19 thru 32_230306
PUBLIC COMMUNICATIONS - Dropbox Folder Link & Instructions_230306 2 City Councilmembers disclosed their ex parte communications.

Mayor Wickham gave a summary of how the Public Hearing/Appeal Hearing would proceed.

He then invited staff to give their presentation.

Planning and Building Director Kelly and Sean Kennings, Contract Planner/Project Manager, gave a presentation.

Councilmembers asked staff questions.

Mayor Wickham invited the Planning Commission Representative to give their presentation.

Planning Commission Chair Jon Yolles gave a summary of the Planning Commission’s decision on the project.

Councilmembers asked Planning Commission Chair Yolles questions.

Mayor Wickham invited the appellant to give their presentation.

The appellant, Mr. Bob Silvestri, gave a presentation on the appeal of the project.

Councilmembers asked Mr. Silvestri questions.

Mayor Wickham invited the applicant to give their presentation.

The applicant’s representatives, attorney Eric Philips and architect Mark Cavagnero, gave a presentation on the project. Phil Richardson, the Project Sponsor gave brief comments on the presentation.

Councilmembers asked Mr. Philips and Mr. Cavagnero questions.

The City Council took a brief recess from 7:43 p.m. to 7:46 p.m.

Mayor Wickham opened the Public Hearing/Appeal Hearing.

Speakers: Lee Kirkpatrick, John McCauley, Doug White, Emily Maynard, Eileen Fisher, Nanette Zavala, Bob Condoli, Susan Kirsch, Bingham Kennedy, Tara Huffman, Clayton Smith, Kris Holly, Something Lockner, Bruce Dorfman.

The City Council took a brief recess from 8:18 p.m. to 8:23 p.m. to review eComments received after 4:30 p.m. regarding item #1 which were available for review in a public Dropbox folder.

Communications (via eComment): Tay Franklin, Patrick Adams, Elizabeth Adams, Laura Chariton, June Cooperman, Sacha Bunge, Naima Dean, Nancy Carlston, Tammy Edmonson, Linda Jackson, Dart Cherk, Margaret Fisher.

Councilmembers offered deliberative comments.
3 Vice Mayor Carmel thanked everyone who came out to listen to and participate in this process.

He said it is difficult to move forward with developments in this town. Vice Mayor Carmel led the City Councilmembers through each Condition of Approval and noted which specific conditions they wanted to make changes to which would be reflected in the final motion of the Resolution.

Councilmember Perrey said he has some serious concerns regarding safety related to this project. He noted he would like to discuss the conditions of approval before disclosing his decision.

Councilmember Burke said he is satisfied with staff’s findings and their recommendation to deny the appeal.

Mayor Wickham said he believes this project will not destroy Mill Valley’s character.

It was MOVED by Councilmember Burke and SECONDED by Vice Mayor Carmel to adopt the Resolution with modifications to the conditions of approval as amended. The Motion was carried by a 3-1 vote. Councilmember Perrey dissenting.

PRESENTATIONS
None.

CONSENT CALENDAR
Mayor Wickham opened public comment for items on the Consent Calendar, Items #2-4.

Seeing no one who wished to speak, Mayor Wickham closed public comment.

It was MOVED by Councilmember Perrey and SECONDED by Vice Mayor Carmel to adopt the Consent Calendar, Items #2-4. The Motion was carried unanimously by a 4-0 vote.

2. Consideration of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MGE Engineering, Inc. for the 501 Cascade Drive Retaining Wall Repair Project.

Recommended Action: Adopt Resolution No. 23-___.

Item 2_501 Cascade Retaining Wall PSA Resolution_230306

3. Consideration of a Resolution Authorizing the City Manager to Award the General Service Contract to James Furuli Investment Co, Inc. for Janitorial Services for the City of Mill Valley for a Three-Year Term.

Recommended Action: Adopt Resolution No. 23-___.

Item 3_Resolution Approving Janitorial Contract_230306

4. Consideration of a Resolution Authorizing the City Manager to Execute a Consultant Services Contract Award with Nute Engineering for the Frontage Road Force Main Replacement Project.

Recommended Action: Adopt Resolution No. 23-___.

Item 4_Resolution Approving Contract for Nute Engineering_230306 4 COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS None.

PUBLIC OPEN TIME
Speakers: Nanette Zavala.

Communications (via eComment): None.

CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topic:
• Vice Mayor Carmel and City Manager Cusimano have been hosting meetings on the Plaza with community members, they encouraged all who are interested in attending to stop by.

COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.

ADJOURNMENT – The Council ADJOURNED at 9:04 p.m. to the Monday, March 20, 2023 Regular City Council meeting at 5:30 p.m. in the Mill Valley City Council Chambers. ___________________________
Jim Wickham, Mayor
ATTEST:
__________________________________________
Hannah Politzer, City Clerk/Management Analyst III

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