1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
June 26, 2023
5:30 P.M.
Mayor Jim Wickham – Present
Vice Mayor Urban Carmel – Present
Councilmember Stephen Burke – Present
Councilmember Max Perrey – Present
Councilmember Joachim – Present
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Police Chief Navarro; Arts and Recreation Director Howe; Senior Management Analyst Walsh; Senior Planner Staude, Public Works Operations Superintendent Neumann, 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_230626
It was MOVED by Councilmember Perrey and SECONDED by Vice Mayor Carmel to approve the agenda order. The Motion was carried unanimously by a 5-0 vote.
PRESENTATIONS
1. Presentation on the Partnership between the City of Mill Valley/Mill Valley Recreation and Soma Aquatics Foundation Inc.
Item 1_Mill Valley Rec & Soma Free Swim Programming Presentation_230626 Jeremy Engman, President of the Board for Soma Aquatics Foundation, provided a presentation on Soma Aquatics’ mission to provide basic swimming instruction and pool access to every member of the community that cannot afford it, the foundation’s history, it’s successful twoyear collaboration with Mill Valley Recreation, and the benefits of early swim education to protect and empower youth.
Councilmembers asked Jeremy Engman questions and provided comments related to the presentation.
2 2. Presentation of a Proclamation Declaring the Month of July 2023 as Parks Make Life Better! Month.
Item 2_Parks Make Life Better Month of July Proclamation_230626 Ashley Howe, Arts and Recreation Director, gave a presentation on the California Parks and Recreation Society (CPRS) and Parks Make Life Better! Month. She outlined CPRS’s history; its mission to advance the Parks and Recreation profession through education, networking, resources, and advocacy, and raising awareness of the benefits of Parks and Recreation throughout California.
Mayor Wickham read the proclamation into the meeting’s public record.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to approve the proclamation.
CONSENT CALENDAR
Mayor Wickham asked if any Councilmember or member of the public wished to pull Items #3- 7 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 #3-7. The Motion was carried unanimously by a 5-0 vote.
3. Consideration of Authorizing the City Manager to Sign the Amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement County of Marin (“Zero Waste Marin”).
Recommended Action: Authorize the City Manager to sign the amendment.
Item 3_Solid Waste Joint Powers Agreement with County of Marin Amendment_230626
4. Consideration of Revisions to the Department Director, Mill Valley Firefighters Association, and American Federations of State, County and Municipal Employees Association (AFSCME) Salary Schedules to Resolve an Audit Finding by CalPERS; and Consideration of Amendments to the Department Director and Non-Represented (Management, Technical, and Confidential Group) Salary Schedules.
Recommended Action: Approve the revised/amended salary schedules.
Item 4_Under Separate Cover_Revisions to Salary Schedules_230626 Item 4_Revisions to Salary Schedules_230626
5. Receive the 2023 Fire Season Outlook and Current Preparations Report.
Recommended Action: Review report.
Item 5_2023 Fire Season Outlook & Current Preparations_230626
6. Second Reading and Adoption of Ordinance No. 1343 Amending Title 14 (“Building and Construction”) of the Mill Valley Municipal Code Adding Chapter 14.36 to Create a Mandatory Seismic Retrofit of Certain Residential Buildings.
Recommended Action: Adopt Ordinance No. 1343.
Item 6_Second Reading of Soft Story Ordinance_230626
3 7. Consideration of a Resolution Setting Sewer Charges Pursuant to Resolution No. 21-05.
Recommended Action: Adopt the Resolution.
Item 7_Sewer Rate Study Update_230626
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Carmel reported that Comedy in the Plaza had occurred the previous week with 1,000 people in the audience, and it was super hilarious. He added that the second Community Chat also occurred last week with great audience participation in-person and on Zoom. Topics of discussion included potholes on Throckmorton, empty storefronts on Miller, a dog park for small dogs, a new business in the Bank of America building, downtown noise, east vs. west Mill Valley, graffiti, ebikes, and locomotive Engine No. 9. Vice Mayor Carmel said the Transportation Authority Board held a productive meeting the previous week, with topics including the north/south greenway and EV chargers. The Transportation Authority of Marin (TAM) also hosted a Highway 101 Overpass Interchange meeting, which he and Councilmember Burke attended, to discuss the Caltrans/County project for the Mill Valley 101 overpass/interchange to add a third lane going east that will relieve the pressure on the traffic light on the far side of 101, which is responsible for traffic backing up to Camino Alto. He said this project would likely be the biggest thing they will ever do to relieve traffic in Mill Valley.
Councilmember Burke acknowledged the effort Vice Mayor Carmel and Marin County Supervisor Stephanie Moulton-Peters had put into the TAM liaison work. He saluted the Department of Public Works and City staff on the Buena Vista repaving project, saying it went flawlessly and now presents a seamless path up to the golf course and into Scott Highlands. He announced that the Marin County Youth Commission is seeking participants between the ages of 12-21 to spend a year as commissioners, where they will engage with the Marin County Board of Supervisors and other policy makers.
Councilmember Perrey attended the Board, Commission, and Committee Appreciation Dinner, along with most of the City Council, to honor the City’s commission members from the public.
He also attended the Juneteenth celebration at the Depot in partnership with MVFREE, and the raising of the pride flag at Lytton Square for Pride Month. He attended the Countywide Immigration Forum at the Embassy Suites for Immigration Heritage Month. Councilmember Perrey is Mill Valley’s liaison to MCE Community Choice Energy and recently joined the Audit Committee. He noted MCE is working on principles for biofuel and biomass. Councilmember Perrey will work with Councilmember Burke, Mill Valley’s liaison to MWPA, Marin Wildfire Prevention Authority, to look at the principles and see if the MWPA has any insights for the first draft. The Association of Bay Area Governments met two weeks ago with a speaker talking about the concept of place-making, i.e. creating a community centered around itself as a place, and how communities can access public money and align resources around the concept. He also attended the League of California Cities policy committees in Southern California, where he serves on the Environmental Quality Committee.
Councilmember Joachim reported she attended flag-raising ceremonies downtown, at the Mill Valley Middle School, and the community center. She noted she is the liaison for the Legislative Committee that watches pending legislation and attended a committee meeting via Zoom earlier in the day regarding the different amendments and legislative activity happening before the 4 summer break. She reported that the City sent a letter of opposition to pending Senate Bill 423, which expands Senate Bill 35, which provides a streamlined ministerial approval process.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_230626
Mayor Wickham opened Public Open Time.
Speakers: Sue Kalani
Communications (via eComment): Clayton Smith
Mayor Wickham closed Public Open Time.
CITY MANAGER’S REPORT
City Manager Cusimano turned his time over to Senior Management Analyst Walsh.
Senior Management Analyst Walsh announced that the City of Mill Valley, the Mill Valley Police Department, and MVFREE have partnered to roll out an education campaign to stop racebased calls to police. She thanked Eileen Fisher and Members of MVFREE who participated in the project; Kristi Denton Cohen of Peloton Productions, who produced the video; and Mill Valley Police Department Chief Rick Navarro for his participation and support.
Senior Management Analyst Walsh played the two-minute video.
City Manager Cusimano gave a report/update on the following topics:
• The City elevated its paid intern program from just youth to adults, brought in two interns two months ago, and has just hired Adreaizana Cook as a full-time Administrative Assistant at the City Hall front counter.
NEW BUSINESS
8. Receive Report and Presentation from Christine O’Rourke, Sustainability Coordinator for the Marin Climate and Energy Partnership (MCEP), on the Marin Countywide Electric Vehicle (EV) Acceleration Strategy.
Recommended Action: Receive report and presentation, accept report, and direct Staff to develop a work plan.
Item 8_Marin County’s EV Electrification Plan_230626
Item 8_Public Communication No. 1_230626
Senior Planner Daniel Staude introduced Christine O’Rourke and the EV acceleration strategy.
She requested that the Council accept the report and direct staff to develop the work plan that would become Exhibit A to the report.
Christine O’Rourke provided a presentation on the Marin Countywide EV Acceleration Strategy, its goal to accelerate EV adoption to meet targets set in each jurisdiction’s Climate Action Plan and to develop a plan that can be accepted/adopted by all jurisdictions; as well as the process to 5 create the EV acceleration strategy; zero-emissions vehicles; EV charging needs; municipal fleets, barriers to EV adoption; and proposed actions.
Councilmembers asked Christine O’Rourke questions and provided comments on the item.
Mayor Wickham opened public comment.
Speakers: Sue Kalani.
Communications (via eComment): Clayton Smith.
Mayor Wickham closed public comment.
Mayor Wickham noted staff’s recommendation is to accept the report, Plan A, and direct staff to develop the work plan. He said one problem they have is that a lot of homes do not have garages and places to plug in. He has spoken with EVgo, a private vendor working with utility companies, who would work with the City to install a couple of EV chargers in downtown Mill Valley by the end of 2024, and EVgo would cover the cost.
Vice Mayor Carmel said the EV charging issue is complicated and important, and chargers are funded by the Transportation Authority of Marin (TAM), which needs to figure out where to fund, and fund it appropriately. He noted that the Sustainability Coordinator plans to hire and share with the City of Tiburon would work regionally on the EV Acceleration Strategy, which he supports.
Councilmember Burke supported the EV Acceleration Strategy. He agreed with Mayor Wickham’s comment regarding households without garages or places to charge a vehicle, and noted there are many renters in Mill Valley in multi-family buildings that also do not have that capability, so having public charging capability is very important.
Councilmember Perrey and Councilmember Joachim were in strong support of the EV Acceleration Strategy.
Mayor Wickham also voiced his strong support and declared the Council’s direction to move forward.
PUBLIC HEARING
9. Introduction and First Reading of an Ordinance Renewing Ordinance No. 1335, Chapter
8.80 of the Mill Valley Municipal Code Regarding Establishment of a Military Equipment Use Policy for the Mill Valley Police Department.
Recommended Action: Receive report, introduce the ordinance, and waive First Reading.
Item 9_Introduction of Annual Renewal of Military Equipment Ordinance_230626 Mill Valley Police Chief Rick Navarro presented the Department’s annual report and requested the renewal of Ordinance No. 1335, Chapter 8.80 of the Mill Valley Municipal Code, regarding the establishment of a military equipment use policy for the Mill Valley Police Department. He summarized that the Department did not use their listed equipment in the past year, although some 6 was used during training exercises and testing; conducted an equipment inventory audit, and he noted no policy violations.
Mayor Wickham opened the Public Hearing. Seeing no one who wished to speak, Mayor Wickham closed the Public Hearing.
It was MOVED by Vice Mayor Carmel and SECONDED by Councilmember Burke to introduce the Ordinance and waive First Reading. The Motion was carried unanimously by a 5-0 vote.
10. Hear Any Objections and Consideration of a Resolution to Continue the Tamalpais Park Street Tree Assessment District Improvement and to Levy the Assessment for Fiscal Year 2023-2024.
Recommended Action: Adopt Resolution No. 23-____.
Item 10_Public Hearing & Resolution for Continuing 2023 TPSTAD_230626 Public Works Operations Superintendent Mark Neumann introduced the Resolution, provided background on the levy, and asked for City Council approval.
Mayor Wickham opened the Public Hearing. Seeing no one who wished to speak, Mayor Wickham closed the Public Hearing.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Joachim to close the public hearing. The Motion was carried unanimously by a 5-0 vote.
City Clerk Politzer read the Written Protest Report regarding protests submitted and not withdrawn in connection with the continued levy of assessments in the Tamalpais Park Street Tree Assessment District. She noted that the protests have been tabulated with a total of zero written protests that were properly returned to the City Clerk.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to adopt the Resolution of the City Council confirming a diagram and assessment for the Tamalpais Park Street Tree Assessment District for fiscal year 2023/2024 and ordering the levy and collection of said assessment. The Motion was carried unanimously by a 5-0 vote.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
City Manager Cusimano reported for the July calendar that staff were considering recommending cancelling the City Council meetings of July 10th and July 24th and instead holding a special meeting on July 27th; due to the light July calendar, staff believe they can complete all the scheduled items in one meeting. If that change does not align with Councilmembers’ schedules, they will cancel the July 10th meeting and keep the July 24th meeting. The one item they will focus on for July is the infrastructure discussion and possible revenue options to consider, and at that July meeting, Staff will ask the Council to form a subcommittee group of local citizens to evaluate the options and bring it back to Council at the end of the year. 7 CLOSED SESSION
A. CLOSED SESSION BUSINESS – Following Public Comment, the City Council will adjourn to Closed Session to consider the following:
1.A. Conference with Legal Counsel – Existing Litigation (§54956.9) Gregcoh, LLC v.
City of Mill Valley (Superior Court of California, County of Marin, Case No.
CIV2202997)
B. ACTION OUT OF CLOSED SESSION
ADJOURNMENT – The Council ADJOURNED TO CLOSED SESSION at 7:02 p.m. and to the next Regular City Council meeting to be held on Monday, July 17, 2023, at 6:30 p.m. in the Mill Valley City Council Chambers.
___________________________
Stephen Burke, Mayor
ATTEST:
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Risa De Ferrari, City Clerk