1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
May 15, 2023
5:30 P.M.
Mayor Jim Wickham – Present
Vice Mayor Urban Carmel – Present
Councilmember Stephen Burke – Present
Councilmember Caroline Joachim – Present
Councilmember Max Perrey – Absent
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Senior Planner Staude; Senior Planner Ross; and City Clerk Politzer
CALL TO ORDER
Mayor Wickham called the meeting to order at 5:30 PM, noting Councilmember Perrey was absent.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_230515
It was MOVED by Councilmember Burke and SECONDED by Vice Mayor Carmel to approve the agenda order. The Motion was carried by a 4-0 vote. Councilmember Perrey, absent.
PRESENTATIONS
1. Presentation of a Proclamation Declaring the First Friday in June (June 2, 2023) to be National Gun Violence Awareness Day.
Item 1_Proclamation Declaring National Gun Violence Awareness Day_230515_Amended
Mayor Wickham read highlights of the Proclamation into the meeting’s record.
2. Presentation of the Arts Commission Annual Report.
Item 2_Arts Commission Annual Report_230515
2 Coleen Byrne, Vice Chair Mill Valley Arts Commission, presented a report on the Arts Commission 2022 events and programs to enhance the cultural life of the community by promoting the arts and encouraging the efforts of local artists, including Comedy in the Plaza, Concerts on the Plaza, Click-Off, First Tuesday Art Walks, Rotating Art in the Plaza, and Knitting Us Together.
Vice Chair Byrne also spoke of future art projects and fundraising.
Mayor Wickham thanked the Arts Commission for its activities in Mill Valley.
Vice Mayor Carmel encouraged the Commission to put consideration and effort into the bicycle racks.
Vice Chair Byrne thanked the City Council for its support and answered Councilmembers’ questions.
3. Presentation of the Parks and Recreation Commission Annual Report.
Item 3_Parks and Recreation Commission Annual Report_230515 Sean McGrew, Former Mill Valley Arts and Recreation Director, presented the Parks and Recreation Annual Report and spoke of important projects over the past year, such as new golf course management and improvements; Alto Field improvements; Dog Owner Education; Downtown Plaza Expansion Survey; and Aquatic Fitness Center, Community Center, and Golf Course Clubhouse fees overhaul. Priority Projects identified by the Planning Commission were Boyle Park Master Plan, Playground safety audits, increasing use of reclaimed water, dog park locations with small dog sections, and the Tam Transportation Loop to provide shuttle service to connect Mill Valley with other communities and recreational opportunities.
Director McGrew answered Councilmembers’ questions and introduced new Arts and Recreation Director Ashley Howe.
Director Howe spoke of her excitement to get started in her new capacity and working with the Planning Commission.
CONSENT CALENDAR
Mayor Wickham asked if any Councilmember or member of the public wished to pull Item #4 from the Consent Calendar. There were no requests.
Mayor Wickham opened public comment.
Speakers: None.
Communications (via eComment): Eileen Fisher, Naima Dean.
Mayor Wickham closed public comment.
3 It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Consent Calendar, Item #4. The Motion was carried by a 4-0 vote. Councilmember Perrey, absent.
4. Consideration of a Resolution Declaring June 2023 as LGBTQIA+ Pride Month in the City of Mill Valley and Authorizing the Display of the Pride Flag on City Property.
Recommended Action: Adopt Resolution No. 23-____.
Item 4_Resolution Declaring June as Pride Month and Authorizing the Display of Pride Flag on City Property_230515
Item 4_Public Communication No. 1_230515
Item 4_Public Communication Nos. 2 & 3_230515
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor Wickham said that last year, the Mill Valley Chamber of Commerce hosted the first annual Mill Valley Music Festival, which was held for one day, and the festival was so successful it will be held for two days this year. Mayor Wickham said the festival was a huge success for the local businesses and was well received by the public because the festival was kept to the local level, and he recognized that the Chamber of Commerce had stepped up to put Mill Valley on the map with respect to the arts.
Vice Mayor Carmel said the Mill Valley Music Festival promotes Mill Valley’s downtown and the community, but is also important because Mill Valley is seeking an arts designation as a city, and it now has a music festival in addition to its arts festival and film festival. He said there were over 10,000 music festival attendees over its two-day run. Vice Mayor Carmel also reported that Charles Turner, a member of Seniors for Peace and who was 102 years old, passed away on April 22nd, and he offered condolences to his family. Vice Mayor Carmel noted he is on TAM, the Transportation Authority Board, which funds Marin County’s crossing guards program. The crossing guard positions have been recently reevaluated, and the guard in front of the Park School on East Blithedale and Elm will be eliminated due to safety improvements at that intersection.
Vice Mayor Carmel said he and City Manager Cusimano held their first Community Chat recently and talked for two hours with participants in the audience and on Zoom. Topics of discussion were traffic, East Blithedale, downtown, speeding on Ashford Street, the yellow school bus program, the 500 Miller big grey wall, and a vision for the future and priorities for the next decade.
Councilmember Burke said it is a pleasure to ride a bicycle down Throckmorton Avenue that is now so safe and nice, and thanked the Public Works staff and City Manager Cusimano for the effort to move this forward. He noted that the Marin Wildfire Prevention Agency recently approved a significant proposal for a Novato firebreak, and in the spring, the Executive Director of MWPA would visit Mill Valley to speak of a significant project on Summit Avenue and Blithedale Ridge done in conjunction with Southern Marin Fire. Councilmember Burke also announced that MWPA’s chipper program is back and encouraged residents to avail themselves of it. He noted there is also a resident grant program to subsidize the cost of tree removal and save property owners thousands of dollars. The Sanitary Agency of Southern Marin is in the final stages of spending the $32 million bond issue to complete the improved infrastructure to the wastewater 4 treatment plant, which is now running great and smelling great, but the plant will be subject to state regulations that govern the San Francisco Bay ecosystem, which could lead to significant changes to the facility over the next 10-15 years. SASM has also been testing direct potable reuse, aka “toilet to tap,” around the state in various municipalities.
Councilmember Joachim attended the Earth Day Marin event and watched youths advocating for environmental changes with Marin County Supervisor Stephanie Moulton-Peters. She also attended Assemblymember Damon Connolly’s town hall, where he went through a list of 21 bills for 2023 that he will be putting forth. Councilmember Joachim is currently working on disaster preparedness and issues that impact older adults, especially those with disabilities. She attended the Arts Communication meeting last week. She has met with councilmembers from neighboring towns and is planning a Neighbor Fest event at the end of the month, co-hosted with Supervisor Moulton-Peters.
PUBLIC OPEN TIME
Mayor Wickham opened Public Open Time.
Speakers: Clayton Smith, Gary Batroff, Kathleen Butterfield.
Communications (via eComment): None.
Mayor Wickham closed Public Open Time.
CITY MANAGER’S REPORT
City Manager Cusimano gave a report/update on the following topics:
• The downtown project is scheduled to complete paving in the next 7-10 days. • PG&E will complete its work on East Blithedale over the next two weeks. • The second half of the East Blithedale paving project will begin once school is out, and should be completed in mid-June to the end of June.
• The Planning Commission has extended the 500 Miller Avenue project. The start date is June 1st and is estimated to be completed in 18 months. City Manager Cusimano and Planning Director Kelly will provide 30- to 45-day updates at City Council and Planning Commission meetings and post them on the City’s website.
PUBLIC HEARINGS
5. Consideration of an Appeal Filed by John Vickland, Diana Smart, and Steve and Kathy Stricker (“the Appellants”) of the Planning Commission’s Approval of Design Review, Variance, Tree Removal Permit, and Fence Permit Applications (File No. PL22-5111) for a New Home Project at 506 Throckmorton Avenue (“the Project”) in Accordance with the Mill Valley Municipal Code (MVMC). 20.100.130.
Recommended Action: Adopt Resolution No. 23-____, denying the appeal.
Item 5_Appeal Hearing of 506 Throckmorton Avenue Project_230515 Item 5_Public Communication No. 1_230515
5 Item 5_Public Communication No. 2_230515
Item 5_Public Communication No. 3_230515
Senior Planner Steve Ross provided an overview of the project and background regarding the Planning Commission approval and neighbor appeal, including setting and project description, required permits, tree removal, fence permit, and required variances. Senior Planner Ross listed the three Appellant claims. Claim 1: Size and mass are out of scale. Claim 2: Building is incompatible with the unique and historic Cascade Canyon neighborhood. Claim 3: Building design does not complement but rather detracts from the neighboring development by eliminating privacy and generating excessive light.
Senior Planner Ross answered Councilmembers’ questions.
Planning Commission Vice Chair Eric Macris provided a presentation on the issues between the applicant and the neighbors as discussed at the Planning Commission meeting before the project approval.
Vice Chair Macris answered Councilmembers’ questions.
Appellant John Vickland gave a presentation of their concerns regarding massing, neighborhood incompatibility, and the Planning Commission’s justifications for approval.
Appellant Steven Stricker recommended upholding the appeal and sending the application back to the Planning Commission, gathering neighborhood feedback, and making the design guidelines neighborhood-specific. He was concerned about misstatements at the Planning Commission meeting that were accepted as true.
Appellants John Vickland and Steven Stricker answered Councilmembers’ questions.
Applicant/Owner Alex Mittal spoke of Mill Valley’s architectural diversity, even on Throckmorton.
Applicant/Architect Jason Davis of Marmol Radziner Architects focused on the planning review process and said the project is stronger because of the Planning Commission's input. He noted this is an unconventional flag lot due to the fence, location of the site in relation to the six adjacent neighbors, views of Mt. Tam, and opposition from neighbors.
Architect Jason Davis and Owner Alex Mittal answered Councilmembers’ questions.
Mayor Wickham opened the Public Hearing.
Speakers: Mike Sample, Carson Cox
Communications (via eComment): None.
Mayor Wickham closed the Public Hearing.
6 Mayor Wickham reviewed the Appellants’ three claims: 1) Size and mass; 2) Building is incompatible, and 3) Building design and massive roofline.
Vice Mayor Carmel said by state law the applicant can build a house at max FAR and then add, by right, an 800 square foot ADU, so the applicant’s request for a 2,500 square foot house is modest, and by Mill Valley standards a small house, and completely conforming with no variance requests, but it could have been significantly larger. He didn’t find privacy to be an issue and noted the applicant’s efforts to mitigate those issues. He said the pool is not large and would not be a source of noise. He clarified that “neighborhood context” does not refer to architectural style in Mill Valley, but rather height, bulk, and mass. He said the garage is larger than it needs to be and at a pinch point, and encouraged the applicant to work with his neighbor to reduce the size of the garage to protect the neighbor’s fence and wall, or assure the neighbor that they’re not going to impinge upon the fence and wall; and there is room on the variance on the garage to work with the neighbor to make that right, and staff could work with the applicant and neighbors. Vice Mayor Carmel also recommended reducing the 6-foot front gate/wall to 4 feet to make the home inviting to the neighborhood. He said it is the responsibility of both neighbors to work with the applicant on screening vegetation, but the reality is that the neighbors will see the structure. He said the project could be improved, but it is an approvable project.
Councilmember Burke said his guiding principle in thinking of this project has been: “Just because you can, should you?” He agreed with Vice Mayor Carmel’s advice to engage with neighbors to solve the problem before coming to the Planning Commission. With respect to the three Appellant claims: Claim 1) Mass and size: He found the size and mass to be out of scale.
Claim 2) Neighborhood compatibility. He was less concerned about how the mass appears from the street than about the impact on the neighbors. He urged the applicant to consider how they could mend fences with their neighbors. He said to date it appears there have been no real efforts to resolve this sticking point, and that raises questions in his mind as to the applicant’s sincerity in addressing this. Claim 3) Building design and roofline: He said from the street, that is not an issue.
He said it is difficult for him to approve the project as proposed, and he intended to uphold the appeal, based on the out-of-scale size and mass, and the interpretation of a flag lot under the General Plan, using the pole to justify the size of the house, is a misinterpretation of the guideline.
Councilmember Joachim acknowledged the lot’s challenges in terms of its shape, location, topography, and the fact that it is among five homes. She said the home is beautifully designed, but it is modern and a departure from what is on Throckmorton currently, and would be strongly felt by the neighbors. She said the flat roof adds to the feel of the massing of the structure, and she was not convinced it would not be visible from the street level and would impact neighbors’ privacy, given the vegetation management plan. She said there is a reason why Municipal Code Section 20.66.045 is on the books, and she thought that section should have been triggered and considered. She noted the proposed home would be twice as large as the home currently on the lot, and said there is a problem with the neighborhood accepting that size and the difference in architectural style. Claim 1) Given that this is a flag lot, she had to agree with others that the size and mass are out of scale with the site and surroundings. Claim 2) With respect to neighborhood compatibility, she said the building is a departure, and if pushed, she would say it is incompatible, particularly with Throckmorton Avenue. Claim 3) She said the variance for the garage going from 8 feet, 3 inches down to zero, and with no setback, is problematic. She was willing to change it to 7 something more than zero feet to accommodate the possibility that it sits right by the fence, and then let the applicant, neighbors, and staff work that piece out on the condition. She supported upholding the appeal.
Mayor Wickham said this area of Mill Valley is historic, but does not have a historic overlay. He noted the applicant had gone through design review with the Planning Commission, worked with staff, and brought the mass and size down. He said the home is very contemporary and the design is great, but he didn’t like it in that pocket area with three homes around it. He agreed with Vice Mayor Carmel and Councilmember Joachim on the variance for the garage and said it needs to be worked out before moving forward. He agreed that the building is incompatible with the neighborhood but said that until the area gets a historic district overlay, it will be dealing with this often.
It was MOVED by Mayor Wickham to deny the appeal based on recommendations by Vice Mayor Carmel on the garage area, with the front gate reduced to 4 feet, and vegetation to be worked out.
Vice Mayor Carmel said that because it is so challenging to get a garage in this environment, due to the hillside, a garage variance is one of the few things the Commission provides variances for, literally almost all the time. He said the Planning Commission works hard to be consistent, and they don’t deny it based on variances to a garage.
Councilmember Joachim did not have a problem with the variance itself, but it was going from 8 feet, 3 inches down to zero, and there is an existing situation in the front, and the applicant, neighbor, and Planning staff are willing to work that out.
Vice Mayor Carmel agreed with Councilmember Joachim that the garage does not have to be
12.5 feet wide due to site constraints, and there is room to bring it in.
Vice Mayor Carmel called the applicant to the podium. Applicant/Architect Jason Davis answered Councilmember’s questions.
Mayor Wickham opened the Public Hearing.
Speakers: Mike Sample
Communications (via eComment): None.
Mayor Wickham closed the Public Hearing.
It was MOVED by Mayor Wickham and SECONDED by Councilmember Joachim to approve a resolution of the City Council denying an appeal by the Appellants and upholding the Planning Commission’s approval of the 506 Throckmorton project, approving the Design Review Variance, Tree Removal Permit, and Fence Permit application, and allowing the construction of the house and pool with the following changes: include a revision to the side setback of the front garage, and the height of the front gate in the trash shelter shall be reduced to 4 feet, and finding that the project 8 is still as a single-family home exempt from the California Environmental Quality Act. The Motion was carried by a 3-1 vote. Councilmember Burke, dissenting. Councilmember Perrey, absent.
6. 2023-2031 Housing Element Update: Consideration of Mill Valley 2040 General Plan Amendments and Consideration of a Resolution to: 1) Certify the Final Subsequent Environmental Impact Report (FEIR); 2) Adopt Findings and a Statement of Overriding Considerations to Approve the Proposed Project; and 3) Adopt General Plan Amendments for the Housing Element, Land Use Element, and Land Use Map.
Recommended Action: Adopt Resolution No. 23-____ to: 1) certifying the final SEIR (State Clearinghouse No. 2013052005) for the project is adequate and complete in compliance with the California Environmental Quality Act (CEQA), State CEQA Guidelines, and in consideration of making a decision on the merits of the project; 2) making findings and adopting a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and 3) amending the Mill Valley 2040 General Plan to repeal the previous Housing Element, and adopting the 2023-2031 Housing Element Update, and amending the General Plan Land Use Element and Land Use Map; and directing staff to finalize the 2023-2031 Housing Element Update for the State’s Department of Housing and Community Development (HCD) review and certification.
Item 6_Housing Element Update Staff Report_230515
Item 6_Exhibit A_2023-2031 Housing Element (Redline Version)_230515 Item 6_Exhibit A_Appendix A_Housing Needs Analysis_230515 Item 6_Exhibit A_Appendix B_Community Outreach_230515
Item 6_Exhibit A_Appendix C_Sites Inventory with Attachments_230515 Item 6_Exhibit A_Appendix D_Review and Status of Housing Programs_230515 Item 6_Exhibit A_Appendix E_Affirmitively Furthering Fair Housing_230515 Item 6_Exhibit A_Appendix F_Constraints Analysis_230515 Item 6_Exhibit A_Appendix G_Accessory Dwelling Unit Survey_230515 Item 6_Exhibit A_Appendix H_Development Standards_230515 Item 6_Exhibit B_Mill Valley Land Use Element Amendments_230515 Item 6_Exhibit C_Land Use Map Amendments_230515
Item 6_Exhibit D_Draft SEIR_VOLUME 1_230515
Item 6_Exhibit D_Draft SEIR_VOLUME 2_Appendices_PART 1_230515 Item 6_Exhibit D_Draft SEIR_VOLUME 2_Appendices_PART 2_230515 Item 6_Exhibit E_Final SEIR_PART 1_230515
Item 6_Exhibit E_Final SEIR_PART 2_230515
Item 6_Exhibit E_Final SEIR_PART 3_230515
Item 6_Exhibit E_Final SEIR_PART 4_230515
Item 6_Exhibit E_Final SEIR_PART 5_230515
Item 6_Exhibit F_Mitigation Monitoring and Reporting Program_230515 Item 6_Exhibit G_Findings of Fact_230515
Item 6_Exhibit H_Project Findings and Statement of Overriding Considerations_230515 Item 6_Attachment 1_Housing Element Update Resolution_230515 Item 6_Attachment 2_HCD Findings Letter November 21, 2022_230515 Item 6_Attachment 3_Public Comments on HCD Draft Housing Element Review February 14, 2023_230515
Item 6_Attachment 4_Response to HCD Findings, February 14, 2023_230515 9 Item 6_Attachment 5_Response to Public Comments on the Draft Housing Element, February 14, 2023_230515
Item 6_Attachment 6_Late Comments Received on Draft SEIR_230515 Item 6_Attachment 7_Substantial Compliance with State Housing Element Law_230515 Item 6_Attachment 8_Planning Commission Housing Element Resolution_230515 Item 6_Attachment 9_Errata to the Housing Element Update_230515 Item 6_Attachment 9_REVISED Errata to the Housing Element Update_230515 Item 6_Public Communication Nos. 1-7_230515
Item 6_Public Communication Nos. 8-11_230515
Item 6_Public Communication No. 12_230515
Item 6_Public Communication Nos. 13-18_230515
Senior Planner Danielle Staude provided an update on the 2023-2031 Housing Element, including background, community engagement, housing needs, housing sites, sites/capacity analysis, meeting RHNA, housing programs, environmental review, and impacts.
Senior Planner Staude answered Councilmembers’ questions.
Mayor Wickham opened the Public Hearing.
Speakers: Dennis Klein, Lynn Shaw, Roy Nee, Marta Villela Communications (via eComment): Caroline Hyder, Paula McGrath, Clayton Smith, Pay Chen Ching
Mayor Wickham closed the Public Hearing.
Senior Planner Staude gave an update on the Park Presidio neighborhood, explaining that a program in the Housing Element indicates their land use must be consistent with their zoning, but the Park Presidio neighborhood’s land use is single-family, the zoning is multi-family, but the land use does not allow multi-family to be built. Right now, there is a mixture of single-family homes and very small multi-family buildings. The idea is to modify the land use to Downtown Residential, to allow single-families to stay single-family, and multi-families to stay multi-family, but be conforming.
Senior Planner Staude answered Councilmembers’ questions.
Mayor Wickham noted the Council had received email comments accusing the City Council of discriminating on the affordable housing on the east side of Mill Valley, and reminded the public that in 1890 Mill Valley was subdivided into small lots and houses were built, and it started from the downtown area and expanded toward and beyond Camino Alto, which has become the cutoff between east and west Mill Valley. He said the City does not own any big parcel of land west of Camino Alto, but they do own the 16-acre One Hamilton site and Edgewood Avenue on top of the hill, and he did not understand the issue that they are discriminating against the east side residents.
He noted they still receive email from the Enchanted Knolls HOA claiming they are being 10 discriminated against because affordable housing for the workforce is being put along the west side of Camino Alto.
City Attorney Inder Khalsa made a statement in response to a letter from Friends of Hauke Park attorney Patrick Soluri and pointed out that, according to the Census, there is no stark difference in median income between either side of Camino Alto. In addition to the developability of sites being more favorable or larger on the east side of Camino Alto, they identified several sites on the west side of Camino Alto, and they disagree with the statement that the City has concentrated affordable housing on the east side. She noted that the letter was from Friends of Hauke Park, an organization created to oppose affordable housing development at One Hamilton Site, which is surrounded by affluent areas that are not suffering from property values being hurt by an overconcentration of affordable housing or poverty in the area. She concluded that not building housing at One Hamilton would in no way further fair housing in the Bay Area, and the argument that building affordable housing on this site somehow violates the City’s obligation to further fair housing is false and has no merit.
Vice Mayor Carmel said less than 3% of Mill Valley’s total housing stock is affordable housing, and the last time Mill Valley built a 100% affordable housing development was 30 years ago. He said Mill Valley is taking a leadership role in developing affordable housing with One Hamilton, with the City putting out the land and the effort to do it, because property development is usually a private enterprise, but Mill Valley is trying to make it a public enterprise. He said One Hamilton is the best site, by far, not even close, of the four sites reviewed by the City, not that they are targeting the east side. He said East Mill Valley is a very resource-rich, very high-income area with homes that go for close to $2 million, and almost all the public parks are on that side of town.
He noted that 90% of affordable housing units would be somewhere in Mill Valley other than One Hamilton.
City Attorney Khalsa made a statement regarding the legal arguments regarding CEQA.
Attorney Patrick Soluri has made the argument that the City has piecemealed the One Hamilton project, meaning breaking the project up into smaller pieces and approving one at a time to minimize environmental impacts, but that is not what the City has done. State Housing Element law required the city to move forward with the Housing Element that identified sites for housing.
Due to stringent deadlines, the city had to move forward with its Housing Element EIR without a fully developed project description of what the One Hamilton project would look like. State law allows the City to name sites without the details, so they named One Hamilton as a site inventory site, included it in the EIR, and analyzed it. They have now finalized the project description and are moving forward with the EIR next. While this resulted in One Hamilton being reviewed in two separate documents, it is important to note that the timing of the state housing laws left them with no other option than moving forward one at a time to meet the deadlines.
Councilmember Burke commented that HCD played a positive role in fleshing out Mill Valley’s Draft Housing Element and made it better.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to adopt the Resolution to certify the final subsequent Environmental Impact Report for the General Plan Update, and adopting CEQA findings in a Statement of Overriding Considerations pursuant to 11 CEQA, and amending the General Plan, Land Use Element, and the Land Use Map as well as repealing and replacing the current Housing Element with a new Housing Element. The Motion was carried by a 4-0 vote. Councilmember Perrey, absent.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED at 10:47 p.m. to the next Regular City Council meeting to be held on Monday, June 5, 2023, at 5:30 p.m. in the Mill Valley City Council Chambers.
APPROVED AND ADOPTED BY THE MILL
VALLEY CITY COUNCIL ON OCTOBER 6, 2025
___________________________
Stephen Burke, Mayor
ATTEST:
_____________________________
Risa De Ferrari, City Clerk