1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
June 5, 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 – Present
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Finance and Human Resources Director Erickson; Director of Building & Planning Kelly; Finance Manager Atashkarian; Senior Management Analyst Walsh; and City Clerk Politzer
CALL TO ORDER
Mayor Wickham called the meeting to order at 5:30 PM
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_230605
Amended Agenda_230605
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to approve the agenda order. The Motion was carried unanimously by a 5-0 vote.
PRESENTATIONS
1.A. Presentation of Certificates of Recognition to the Mill Valley Eagle Scouts (Troop 1 Girls and Troop 1 Boys).
Item 1A_No Written Material_230605
Amelia Lee, Eagle Scout, Mill Valley Troop 1, presented a history of Mill Valley Troop 1 as well as recent projects the Eagle Scouts have completed in Mill Valley.
Mayor Burke distributed Certificates of Recognition to Mill Valley Troop 1 Eagle Scouts. 2 Vice Mayor Carmel acknowledged the huge accomplishment of becoming an Eagle Scout and recognized alumni Eagle Scouts in the audience. He said they hoped to make this ceremony an annual recognition of each new crop of Eagle Scouts.
1. Presentation of a Proclamation Celebrating the Tam High Mountain Bike Team’s Triumph at the 2023 NICA NorCal State Championship.
Item 1_Proclamation for Tam High Mountain Bike 2023 NICA NorCal State Championship_230605
Mayor Wickham asked the team to stand for recognition.
The Team Captain gave a presentation.
Mayor Wickham read the proclamation into the meeting’s public record and congratulated the student athletes on their accomplishment.
2. Presentation from the Marin Wildfire Prevention Authority’s (MWPA) Executive Officer, Mark Brown.
Item 2_No Written Material_230605
MWPA Executive Officer Brown provided a background on MWPA and an update on emergency evacuation, notification system, public education, defensible space evaluations, Chipper Days, and fuel breaks.
Councilmembers asked Mr. Brown questions and provided comments related to the presentation.
CONSENT CALENDAR
Mayor Wickham asked if any Councilmember or member of the public wished to pull Items #3- 6 from the Consent Calendar. There were no requests.
It was MOVED by Vice Chair Carmel and SECONDED by Commissioner Burke to adopt the Consent Calendar, Items #3-6. The Motion was carried unanimously by a 5-0 vote.
3. Consideration of a Resolution Making an Appointment to Fill an Unscheduled Vacancy on the Emergency Preparedness Commission.
Recommended Action: Adopt Resolution No. 23-____.
Item 3_Resolution Filling EPC Vacancy_230605
4. Consideration of a Resolution to Authorize the Mayor to Execute on Behalf of the City a Three-Year Community Development Block Grant (CDBG) Cooperation Agreement with the County of Marin.
Recommended Action: Adopt Resolution No. 23-____.
Item 4_Resolution Renewing CDBG Cooperation Agreement_230605 3 5. Consideration of a Resolution to Adopt a List of Projects Eligible to be Funded by SB 1:
the Road Repair and Accountability Act.
Recommended Action: Adopt Resolution No. 23____.
Item 5_Resolution Adopting SB 1 Funding Eligibility Project List FY 23-24_230605
6. Consideration of Resolution to Authorize the Continuation of the Tamalpais Park Street Tree Assessment District: 1) a Resolution Continuing Improvements and Ordering the Engineer’s Report; 2) a Resolution Approving the Engineer’s Report; and 3) a Resolution Declaring Intention to Levy and Collect Assessments and Setting the Public Hearing for June 26, 2023.
Recommended Action: Adopt Resolution No. 23_____, No. 23____, and No. 23____, and set the Public Hearing for June 26, 2023.
Item 6_Annual Adoption of Tamalpais Park Street Tree Assessment District_230605
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Mayor Wickham said the City Council is aware of the problem downtown with the orange PG&E dividers around an in-ground transformer in front of Equator Coffee, and reported that PG&G would be lowering the transformer down to safely pave over it, and then they would have a righthand turn lane and a straight-through lane on Throckmorton, with a similar situation on Miller Avenue. Mayor Wickham said he attended the 110th Mill Valley Mountain Play, “Into the Woods,” and recommended that everyone attend. The Richardson Bay Regional Authority’s Harbormaster, Jim Malcolm, was recognized as Harbormaster of the Year by the California Association of Harbormasters and Port Captains. Mayor Wickham also noted that he attended the Southern Marin Emergency Paramedic System (SMEPS) meeting.
Vice Mayor Carmel said, as the Council liaison for the Planning Commission, he attended the five-hour May 23rd Planning Commission meeting where the Commission reviewed the design for One Hamilton Avenue, the EAH affordable housing project by Hauke Park. The project will return to the Planning Commission during the summer for more refinement. As the Mill Valley representative on the Transportation Authority Board, he noted there have been discussions about Safe Routes to School, and those contracts are being put out. He said the RideAmigos app is being adapted for high school students to get to school. Vice Mayor Carmel reported the multi-use path that cuts through the Bothin Marsh Preserve is being redesigned and would be realigned to follow Almonte into town at Tam Junction, elevated against seal level rise, and would be a 2027 construction project. He also noted that June 11th is the 112th running of the Dipsea Race.
Councilmember Burke touched on the Mill Valley Memorial Day Parade and thanked everyone who organized and participated. He said the Southern Marin Fire Prevention District has an open board seat due to an early vacancy, and applicants could apply at smfd.org. to fill out the term until November 2024.
Councilmember Perrey echoed Councilmember Burke’s comments regarding the Memorial Day parade.
4 Councilmember Joachim gave a shout-out to a Mill Valley program, a partnership between Soma Aquatics and Mill Valley Parks and Recreation, that provides free swim lessons on Sundays. The month of May saw the inaugural Mill Valley Neighbor Fest, a partnership between Southern Marin Fire District and Mill Valley’s neighborhood response groups. She and County Supervisor Stephanie Moulton-Peters hosted a Neighbor Fest event at the Ralston White retreat.
Mayor Wickham said he and Vice Mayor Carmel would be at Comedy on the Plaza on June 15th.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_230605
Mayor Wickham opened Public Open Time.
Speakers: Oberlin Barnhart (phonetic), Margaret Fisher.
Communications (via eComment): Clayton Smith.
Mayor Wickham closed Public Open Time.
CITY MANAGER’S REPORT
City Manager Cusimano gave a report/update on the following topics:
• The City hopes to begin having Community Chat, in person and on Zoom, having monthly discussions on community issues. He said he and Vice Mayor Carmel had a fireside chat last month and would be having a second this month.
• He has started to see the beautification of Mill Valley because of Operations Superintendent Mark Neumann, who is responsible for the team. They hoped to focus on the entrance to Mill Valley with Adopt-a-Median public and private partnership. • He thanked the Engineering Department and appreciated the problem-solving that goes into working with multiple utilities while delivering a large project, such as East Blithedale and the Downtown Project.
• He reported that the East Blithedale project was a once-in-a-lifetime project where everything had to be replaced from the ground up, but the project is ahead of schedule and under budget and will be delivered in the next 30-40 days. • The Downtown project was also delivered on time and under budget.
NEW BUSINESS
7. Consideration of a Resolution Authorizing a Collection Rate Application from Mill Valley Refuse Service for a 4.49% Maximum Rate Increase Effective July 1, 2023.
Recommended Action: Adopt Resolution No. 23-____.
Item 7_MVRS Rate Increase Request Resolution_230605
City Manager Cusimano thanked Finance and Human Resources Director Erickson and Finance Manager Atashkarian for writing the staff report and gave an overview of the City’s 5 relationship with Mill Valley Refuse and reasons for the proposed rate increase. City Manager Cusimano recognized Mill Valley Refuse for their outstanding customer service.
Councilmembers asked questions of Jim Howison of Bay Area Refuse.
Mayor Wickham opened public comment. Seeing no one who wished to speak, Mayor Wickham closed public comment.
Vice Mayor Carmel said last year they did not increase rates, and then in the previous year, the consumer price index went up by 5%, so the agency’s proposed increase of 4.49% increase is modest, and he was happy to approve it. He said it is important to look at this in the context of general price increases.
Councilmember Burke agreed with Vice Mayor Carmel. He said Mill Valley Refuse is a wonderful service, but it has not kept pace with inflation, and it is saddled with many more requirements, so the proposed increase is merited, and he was happy to support it.
Councilmember Perrey reiterated Vice Mayor Carmel’s comments. He said he’d like to see a discussion about what is happening in other parts of the County.
Councilmember Joachim also noted there had been no rate increase the last year and said the requested increase was nominal.
It was MOVED by Mayor Wickham and SECONDED by Vice Mayor Carmel to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote.
8. Consideration of a Resolution Authorizing the City Manager to Execute an Encroachment License, Maintenance, and Removal Agreement with Friends of No. 9, for Installation and Maintenance of the Historic Steam Engine Locomotive “Engine No. 9.” Recommended Action: Adopt Resolution No. 23-____.
Item 8_Engine No. 9 Resolution and Agreement_230605
Item 8_Public Communication Nos. 1-6_230605
Item 8_Public Communication No. 7_230605
Item 8_Public Communication Nos. 8-12_230605
City Manager Cusimano introduced Senior Management Analyst Walsh, who provided a historical background of the locomotive.
City Manager Cusimano cited a survey the City conducted on things the community would like to see done for the plaza expansion, and they never had more feedback on a community survey than they did on the location of Engine No. 9, and it became divisive and controversial. After a pause in the discussion, Mayor Wickham and Vice Mayor Carmel re-engaged with a plan.
Mayor Wickham said the locomotive is a museum piece that the City does not own, but they will allow Friends of Engine No. 9 to showcase it in the community. The City would not take responsibility of the engine, and there would be an agreement that Mill Valley would find a 6 location for the locomotive for a five-year test period, with a potential opportunity to extend one additional five-year term; but if after five years it is deemed the community does not appreciate the train, Friends of Engine No. 9 would be responsible for finding another location and moving it. Mayor Wickham and Vice Mayor Carmel thought locating the locomotive at City Hall would be the best location under the requirements of the agreement.
Vice Mayor Carmel said this train is an important part of Mill Valley’s history, and their priority was to ensure that history stays in Mill Valley as an asset to the City. He wanted the locomotive to be a point of celebration in the town, not a point of conflict.
City Manager Cusimano outlined steps to be taken if the agreement is approved: 1) Get an arborist report for the large, overgrown tree at City Hall to determine the tree’s health, and whether it could be pruned to a level where they could see City Hall again and make room for the engine, and they believe it could be. 2) Identify where the locomotive will go in the proposed area. 3) Partner with the Friends of Engine No. 9, Chamber of Commerce, and the City to look at a complete landscaping plan for the front of City Hall. The Friends of Engine No. 9 would own and maintain the train and indemnify the City. 4) Evaluate the risk of having Engine No. 9 on City property and the insurance coverage.
Councilmembers asked questions of City Manager Cusimano, Mayor Wickham, and Vice Mayor Carmel, and provided comments related to the proposed agreement.
Mayor Wickham opened public comment.
Speakers: Eric Macris, Jaime Pera, David Rand, Fred Runner, Nancy Emerson, Bruce Lowenthal, Paul Moe, Joe Breeze, Patrick Goggins, John McCauley, Hugh Kuhn, Paul Lazzarschi, Mark Chavez, Dan Cressman.
Communications (via eComment): Eric Rorer, Beverly Rodgers, Paula Reynolds, Patrick Goggins.
Mayor Wickham closed public comment.
City Manager Cusimano outlined an amendment to the resolution. Attachment 1, Section 6, Line 44, begins with, “The rent shall be one dollar a year,” and shall be eliminated. The sentence shall instead begin with, “The term of the agreement shall be five years with the option for renewal of one five-year period.”
Commissioner Burke summarized the agreement. The wording of the resolution authorizes City Manager Cusimano to execute an encroachment license. With Mayor Wickham and Councilmember Joachim’s involvement, a lot of the specifics associated with a final agreement would be addressed, so the agreement is not being executed at this hearing; it is being developed.
If the Council votes to approve the Resolution, it is not a final decision, it is a step in the process towards City Manager Cusimano bringing a final agreement back to the City Council. 7 City Manager Cusimano confirmed that Councilmember Burke’s summary of the agreement was correct and said they would look at that process over the next six months, but they had to assure the Friends of No. 9 that the City Council was united in moving this agreement forward because they had to raise money. City Manager Cusimano confirmed that he has the authority to negotiate on the Council’s behalf to finalize the agreement.
City Attorney Khalsa formulated a motion for the City Council to approve a Resolution of the City Council authorizing the City Manager to negotiate the final details that have been discussed at this hearing, and then execute an Encroachment License, Maintenance, and Removal Agreement with the Friends of No. 9, for installation and maintenance of the historic steam engine locomotive called “Engine No. 9.”
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Joachim to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote.
PUBLIC HEARING
9. Introduction and First Reading of an Ordinance Amending Title 14 (“Building and Construction”) of the Mill Valley Municipal Code Adding Chapter 14.36 (“Mandatory Seismic Retrofit of Certain Residential Buildings”).
Recommended Action: Introduce the Ordinance and waive first reading.
Item 9_Introduction and First Reading of Soft Story Mandatory Retrofit Ordinance_230605
Director of Planning and Building Kelly introduced David Bonowitz, a leading structural engineer and expert in soft story ordinances throughout the Bay Area. Director Kelly provided an introduction and history of the Draft Retrofit Ordinance for the Soft Story Retrofit Program, intended to ensure seismic upgrades to potentially vulnerable buildings to protect Mill Valley’s housing stock. He recognized the contribution of former Mayor, City Councilmember, and Planning Commissioner John McCauley for championing the program.
Structural Engineer David Bonowitz said the purpose of the ordinance is to protect the City’s housing stock, thus enabling the City’s recovery after an earthquake, by retrofitting portions of the housing stock that are vulnerable to earthquakes. One type of vulnerable housing is called “soft story buildings” or “wood-frame target story.” He outlined the process of screening Mill Valley’s inventory and the 45-90 buildings they believe will be eligible, how the program works and its requirements, retrofit approaches, assistance for owners and tenants, and program features unique to Mill Valley. The proposed ordinance's effective date is December 15, 2023, giving them six months to prepare for the implementation phase and work with the building owners to familiarize them with the program.
Director Kelly explained the next steps of adoption and implementation of the ordinance, touching upon technical materials, implementation tools, outreach, and owner notification.
Councilmembers asked questions of Director Kelly and David Bonowitz. 8 Mayor Wickham opened the Public Hearing.
Speakers: Michael Gomez, John McCauley
Communications (via eComment): None.
Mayor Wickham closed the Public Hearing.
Councilmembers asked questions of David Bonowitz.
Councilmember Burke appreciated former Mayor McCauley’s efforts to move this ordinance forward and Staff's efforts to get it completed on schedule. He was glad the ordinance was here and was ready to move forward.
Councilmember Perrey echoed Councilmember Burke’s comment and thanked everyone involved. He said this is a no-brainer, a great project, and he was in full support.
Councilmember Joachim echoed her fellow commissioners, saying she loved the program, and it would improve public safety, as well as protect the City’s housing stock.
Vice Mayor Carmel was in full agreement with the ordinance and wished to call it the “John McCauley Memorial Retrofit Ordinance.”
Mayor Wickham was happy that former Mayor McCauley had brought up and pushed the City to remedy this safety issue.
City Attorney Khalsa formulated a motion to introduce and waive full reading and read by title only an ordinance of the City Council amending Title 14, “Building and Construction,” of the Mill Valley Municipal Code, and Adding Chapter 14.36, “Mandatory Seismic Retrofit of Certain Residential Buildings.”
It was MOVED by Commissioner Burke and SECONDED by Commissioner Perrey to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
CLOSED SESSION
A. CLOSED SESSION BUSINESS – The City Council adjourned to Closed Session to consider the following:
1. Conference with Legal Counsel – Existing Litigation. Government Code Section 54956.9(d)(1) Gary Nemer, Trustee of the Nemer Family Trust, and Gary Nemer, 9 Individual vs. City of Mill Valley, Mill Valley City Council, Steve Geiszler, and Erin Geiszler (Marin County Superior Court, Case No. CIV 1701132).
2. Conference with the City’s Labor Negotiators, City Manager Cusimano, and City Attorney Khalsa Regarding the Police Officers Association, American Federation of State, County and Municipal Employees (AFSCME), and Non-Represented Manager, Technical, Confidential and Part-Time Employees: Government Code Section 54957.6.
B. ACTION OUT OF CLOSED SESSION
ADJOURNMENT – The Council ADJOURNED at 8:52 p.m. to the next Regular City Council meeting to be held on Monday, June 26, 2023, 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