1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
April 3, 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; Police Chief Navarro; Public Works Director Poster; Assistant to the City Manager Rogers; and City Clerk Politzer
CALL TO ORDER
Mayor Wickham called the meeting to order at 5:30 P.M.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_230403
It was MOVED by Councilmember Perrey and SECONDED by Vice Mayor Carmel to approve the agenda order. The Motion was carried unanimously by a 4-0 vote.
NEW BUSINESS
1. Consideration of a Resolution Approving and Declaring the Results of the March 7, 2023 Special Municipal Election.
Recommended Action: Adopt Resolution No. 23-___.
Item 1_March 7, 2023 Special Election Results_230403
City Clerk Politzer gave a presentation on the March 7th City Council special election to elect one short-term (one year) member of the City Council to fill a vacancy created when Councilmember Sabaratnam resigned from the Council before the completion of her term. The Marin County Registrar of Voters certified the election results on March 24th and declared Caroline Joachim elected to serve on the Mill Valley City Council for a one-year short term. 2 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.
2. Welcome and Administration of the Oath of Office to Newly Elected Councilmember Caroline Joachim.
Item 2_No Written Material_230403
City Clerk Politzer administered the Oath of Office to Newly Elected Councilmember Joachim.
Mayor Wickham opened public comment.
Speakers: Former Mayor Ken Wachtel, Vanessa Justice, Seven Ladies Communications (via eComment): None.
Mayor Wickham closed public comment.
City Councilmembers and City Manager Cusimano welcomed Councilmember Joachim to the Council.
PRESENTATIONS
3. Presentation of a Proclamation Declaring April 2023 as Fair Housing Month in the City of Mill Valley.
Item 3_Fair Housing Month Proclamation 2023_230423
Mayor Wickham read the Proclamation into the meeting’s public record.
4. Receive Annual Report and Presentation from the Mill Valley Chamber of Commerce and Visitor Center.
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Item 4_Public Communication No. 1_230403
Jim Welte, Executive Director, Mill Valley Chamber of Commerce gave a presentation on the Chamber’s connection to Mill Valley, operating under a mutually beneficial professional services agreement with the City, and the Chamber's wide range of services, including launching the Mill Valley Music Festival in 2022. Highlights of the past year include a Mill Valley website, promoting the music festival, an upgraded version of Winterfest, and the annual tree lighting.
The City Council expressed their happiness with its partnership with the Chamber of Commerce.
5. Presentation of the Bicycle and Pedestrian Advisory Committee (BPAC) Annual Report.
Item 5_No Written Material_230403
3 Clay Kunz, former BPAC Chair, spoke regarding BPAC’s purpose to encourage people to get around on foot and on bikes through safety, education, and enforcement. He noted BPAC’s work over the past year using construction in Mill Valley as opportunity to improve the infrastructure for cyclists and pedestrians. Last year the BPAC provided feedback and analysis on a Complete Streets safety assessment regarding how Edgewood Avenue might be improved for cyclists.
BPAC has also provided feedback to police on the eBike Ordinance.
Clay Kunz answered Councilmember’s questions.
CONSENT CALENDAR
Mayor Wickham indicated that Item #7, the eBike Ordinance, would be pulled from the Consent Calendar per staff’s request.
Mayor Wickham asked if any Councilmember or member of the public wished to pull Item #6 or Item #8 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 #6 and #8. The Motion was carried unanimously by a 5-0 vote.
6. Consideration of the February 22, 2023, March 6, 2023, and March 20, 2023 Regular City Council Meeting Action Minutes.
Recommended Action: Approve the action minutes.
Item 6_Approval of Action Minutes_230403
7. Second Reading and Adoption of Ordinance No. 1341 Adding Chapter 10.30 to the Mill Valley Municipal Code Regarding the Operation of Electric Mobility Devices.
Recommended Action: Adopt Ordinance No. 1341.
Item 7_Second Reading of E-Bike Ordinance_230403
Item 7_Public Communication No. 1_230403
City Manager Cusimano said staff agreed with Councilmember Joachim’s two recommendations for the ordinance that are specific to Section 10.30.30(b), page 2, of the ordinance, which defines electric bicycles as Class 1, 2, and 3: 1) Add subparagraphs to each classification and mirror Vehicle Code Section 312.5; and 2) Delete the Class 3 paragraph’s last sentence and replace with, “All operators of Class 3 electric bicycles must be 16 years old or older.”
Councilmember Perrey inquired about a Marin IJ article that included several inaccuracies.
Police Chief Navarro said the Marin IJ published an article stating it is illegal for anyone under the age of 16 to ride dual with a passenger, and that is not correct; it is a recommendation. He noted another misstatement regarding no exemption for ADA-compliant electric mobility devices but said that is clearly outlined in the ordinance. Police Chief Navarro reached out to the reporter and editor to have those corrections made. 4 Mayor Wickham opened public comment. Seeing no one who wished to speak, Mayor Wickham closed public comment.
Police Chief Navarro answered Councilmember’s questions.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Joachim to adopt Ordinance No. 1341 with City Council modifications. The Motion was carried unanimously by a 5-0 vote.
8. Consideration of a Resolution Authorizing the City Manager to Award the General Service Contract for On-Call Tree Services for the City of Mill Valley for a Three-Year Term.
Recommended Action: Adopt Resolution No. 23-___.
Item 8_Resolution Authorizing a GSA for On-Call Tree Services_230403
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Councilmember Joachim recently completed Community Emergency Response Team (CERT) training.
Councilmember Perrey reported that Mill Valley Police recently pulled over a vehicle containing several weapons and thanked Police Chief Navarro and the department for keeping the community safe.
Vice Mayor Carmel reported that Mill Valley recently received an over $800,000 grant through the Transportation Authority Board (TAM) for part of the East Blithedale project related to the guardrails.
Mayor Wickham said he and Vice Mayor Carmel can be found downtown in the square on Fridays at 10 am to meet with business owners and give them updates on phase 3 of the downtown project that has begun; he urged the community to continue to support local downtown businesses during the construction phase. He was excited that Sycamore Avenue is being paved and said Blithedale is to be paved in the next month. The City Council and City staff recently held its annual retreat where Councilmembers worked on priority projects.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_230403
Mayor Wickham opened Public Open Time.
Speakers: Eileen Fisher, Al Grumet, Margaret Fisher
Communications (via eComment): Clayton Smith
Mayor Wickham closed Public Open Time.
5 CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• The City Council is excited to begin hybrid meetings called “Community Chats” with Councilmembers and staff to talk about anything. The chats would be held in the Council Chambers and have in-person and Zoom capabilities.
• The City will be working on a podcast series with the help of Councilmember Burke, for in-person discussions.
• Led by Councilmember Burke, the City just completed a public/private partnership project, the enhanced and expanded patio at the golf course. • Staff will bring a work plan from the Council’s retreat to the Council on April 17th for review, which will include date ranges for when those items will come before the Council.
• The Mill Valley Police Department has a lieutenant position open. Three sergeant candidates who have completed the first phase by being an acting lieutenant for one month. A new Lieutenant will be selected in the next ten days. • Public Works:
o The total cost of the East Blithedale guardrail upgrade is about $892,000, and the City has received a TAM grant of $803,000, so it will pay for a major portion of that project, putting post guardrails between Ashford Avenue and Lomita Drive.
The project will go to Council for review soon, with construction anticipated for 2024-2025.
o The East Blithedale project is on schedule to be delivered in the fall of 2023, and current projections have it being delivered even before that. Grinding and paving on Sycamore Avenue began last week and will be moving on to Blithedale next week.
o The Blithedale downtown project has begun. Mayor Wickham and Vice Mayor Carmel are in the town square at 10:00 am every Friday with staff to talk to the community and business owners regarding the project. A newsletter will provide a two-week look ahead at the project's progress and any needed problem-solving. o Demolition work on the downtown project will include removing parklets and extending the sidewalk out 3-4 feet to allow outdoor dining in front of Equator Coffees, Piazza D’Angelo, and the old Wells Fargo without having parklets.
Public Works Director Poster outlined the road closure schedule and traffic detours for the following week.
PUBLIC HEARING
9. Introduction and First Reading of an Ordinance Repealing Chapter 7.30, Environmentally Preferable Food Packaging, of the Mill Valley Municipal Code and Replacing it with an Ordinance Requiring All Food Facility Vendors to Use Reusable Foodware for Dine-In Operations and Compliant Compostable Foodware for Take-Out Services.
Recommended Action: Introduce the Ordinance and waive First Reading.
Item 9_Introduction & First Reading of Single Use Foodware Ordinance_230403 6 Item 9_Public Communication Nos. 1-20_230403
Item 9_Public Communication No. 21_230403
Item 9_Public Communication Nos. 22-28_230403
PUBLIC COMMUNICATIONS - Dropbox Folder Link & Instructions_230403 City Manager Cusimano introduced Dana Armanino, Sustainability Planning Manager and Deputy Director and Head of Environmental Health Services Greg Pirie for the Marin County Community Development Agency. He gave a brief history of the Marin County Reusable Foodware Ordinance. Some Marin cities passed the first version in 2019 and are now considering the new version, while other cities like Mill Valley are considering the ordinance for the first time, with well over 70% of the cities following the county’s lead.
Dana Armanino spoke on the Marin County Reusable Foodware Ordinance’s relaunch in May 2021 after being paused during COVID, key features of the ordinance, reasons why Marin County and the Bay Area are adopting foodware and single-use plastic ordinances, the focus on proactive education to businesses, and technical assistance and grants to businesses to assist with the transition.
Dana Armanino and Greg Pirie answered the Councilmember’s questions.
Mayor Wickham opened the Public Hearing.
Speakers: Jinesse Reynolds, Barbara Bogard, Susan Hopp, Al Grumet, Margaret Fisher, Julie Munroe, Frances Cowan, Sarah Griffin, Molly de Vries, Vanessa Justice, Jim Welte.
Communications (via eComment): The Council took a five-minute recess to read 8-10 eComments.
Mayor Wickham closed the Public Hearing.
City Manager Cusimano thanked Assistant to the City Manager Rogers who singlehandedly moved the Marin County Reusable Foodware Ordinance forward. He also recognized Councilmember Perrey and Susan Hopp who engaged the Chamber of Commerce and Mill Valley businesses and problem solved with them. He spoke of potential City or County financial assistance to business owners.
Vice Mayor Carmel said California is the tip of the spear for composting, recycling, sustainability, etc., and sets an example for the rest of the country. He loved the ordinance because it is countywide, and because it is not about penalties, it is about educating people and businesses, which would be a great way for the future sustainability coordinator to start working in Mill Valley. He fully supported the ordinance.
Councilmember Perrey noted that the initiative goes back many years and is the result of a team effort by Plastic Free Marin, Sustainable Mill Valley, the Mill Valley Chamber of Commerce, City Council, County and City staff, and others. He said most businesses follow 7 most of the ordinance and outlined changes businesses must make. He said a benefit of adopting the County’s ordinance is that businesses will have clear rules across geographic jurisdictions.
Councilmember Joachim said this is an important first step and appreciated the County’s approach. She said ongoing education is key, as well as providing grants to businesses in need.
The coordinated regional activity of having all the jurisdictions work at the same time is very important because it allows each jurisdiction to pull from the best practices. She was in favor of the ordinance.
Councilmember Burke was pleased the ordinance had come before the City Council. He said Mill Valley can learn from the County and adjacent municipalities and begin to close the loop so there are no outliers in Marin County. He commended Councilmember Perrey for the work he had done in community outreach.
Mayor Wickham recognized students from Tam High, saying they got quite a few comments from them. He said the ordinance is a great step to begin making changes behaviorally as they work with businesses.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Joachim to introduce the Marin County Reusable Foodware Ordinance, waive the full reading, and read only by title an ordinance of the City Council of the City of Mill Valley requiring all food facility vendors to use reusable foodware for dine-in operations and compliant compostable foodware for takeout services. The Motion was carried unanimously by a 5-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Mayor Wickham reported that April 4th is the Art Walk at 5:30 pm, and he would be at the Depot to recognize Robb Havassy’s new art display.
ADJOURNMENT - The Council ADJOURNED at 7:41 p.m. to the Monday, April 17, 2023 Regular City Council meeting at 5:30 p.m. in the Mill Valley City Council Chambers. ___________________________
Stephen Burke, Mayor
ATTEST:
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Risa De Ferrari, City Clerk