1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
August 7, 2023
5:30 P.M.
Mayor Jim Wickham – Absent
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; Director of Building & Planning Kelly; Director of Public Works Poster; Building Official Razi; Senior Management Analyst Walsh; and City Clerk Politzer.
CALL TO ORDER
Vice Mayor Carmel called the meeting to order at 5:30 PM, noting Mayor Wickham was absent.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_230807
It was MOVED by Councilmember Burke and SECONDED by Councilmember Perrey to approve the agenda order. The Motion was carried by a 4-0 vote. Mayor Wickham, absent.
PRESENTATIONS
None.
CONSENT CALENDAR
Vice Mayor Carmel asked if any Councilmember or member of the public wished to pull Items from the Consent Calendar. A member of the public requested Item #1 be pulled for discussion. 2 It was MOVED by Councilmember Burke and SECONDED by Councilmember Joachim to adopt the Consent Calendar, Items #2-5, removing Item #1 for further discussion. The Motion was carried by a 4-0 vote. Mayor Wickham, absent.
1. Consideration of a Recent Position Letter on SB 423 (Wiener) By-Right Housing Approvals. SB 35 (Chapter 366, Statutes of 2017) Expansion. (As Amended 6/19/23).
Recommended Action: Receive the staff report.
Item 1_SB 423 By-right Housing_230807
Item 1_Communication No. 1
Item 1_Communication No. 2
Item 1_Communication No. 3
Nanette Zavala of MVFree encouraged the Council to support SB 423 and consider the points MVFree made in their position letter.
Tammy Edmonson of MVFree requested that the Council address the lack of transparency regarding the Police Oversight Subcommittee, as discussed in their position letter. She discussed the critical importance of SB 423 to local governments to address the affordable housing needs in Mill Valley and across California.
Councilmember Joachim, who serves on the Legislative Committee on behalf of the Mill Valley City Council, gave a brief overview of SB 423 and said the issue the Legislative Committee discussed in their meetings was the expansion of SB 35, which would take the form of SB 423, and the four specific reasons why. 1) The bill was going to extend the sunset from January 1, 2026 to 2036; 2) The proposed SB 423 would apply to the coastal zone; 3) It allows the State to approve housing developments on properties they own or lease; and 4) It prohibits the City from enforcing its Inclusionary Housing Ordinance if income limits are higher than those in SB 35.
Councilmember Joachim had an issue with the state’s desire to extend SB 35 without further research analysis and not giving them enough time to determine if it is doing its job. There is concern that, in addition to the coastal area, there is the possibility of high-risk fire areas being included under SB 423.
Councilmember Perrey echoed Councilmember Joachim’s comments and said SB 35 had some flaws and he was concerned about the expansion, especially the coastal zone piece, as well as the potential for expanding into high-risk fire zones. He said this is the most pro-affordable housing Council Mill Valley has had yet and encouraged the public to join them in that effort.
Councilmember Burke said Mill Valley’s good faith efforts in accommodating a variety of housing should not be in question, and in the case of SB 423, it is premature for Sacramento to address challenges that it has in other parts of the State, so it is okay to push back and join peers in the County who have also done so. Councilmember Burke hoped legislation would come out of Sacramento that is not a one-size-fits-all approach and considers different regions and economic conditions.
Vice Mayor Carmel said in 2016 the Planning Commission drafted an innovative ADU Ordinance that granted applicants an FAR bonus in exchange for deed restricting the property to create an 3 ADU, so the City got affordable housing from the applicants, but it was repealed by the State for its own one-size-fits-all ADU ordinance, and in his opinion was a lost opportunity to ensure ADUs are affordable. He said his experience with State legislation is so roughhewn that it comes into places like Mill Valley, which are trying in earnest to develop affordable housing, and overrides it. He said Mill Valley provides projects that are approvable and fit within the context of the city, so he was in favor of the position letter they wrote.
2. Second Reading and Adoption of the Annual Renewal of Mill Valley Municipal Code Chapter 8.80, Military Equipment Use Ordinance.
Recommended Action: Adopt Ordinance No. ____.
Item 2_Military Equipment Use Ord_230807
3. Consideration of a Resolution Authorizing a Contract Change Order for Sewer System Improvements for the Existing Sewer Construction Contract with Maggiora & Ghilotti, Inc. for the Frontage Road Force Main Replacement Project.
Recommended Action: Adopt Resolution No. 23-____.
Item 3_Frontage Road Force Main Replacement Project_230807
4. Consideration of a Resolution Accepting as Complete the 2022 Ethel Avenue Drainage Improvements Project, PW 22-10.
Recommended Action: Adopt Resolution No. 23-____.
Item 4_Ethel Avenue Drainage Improvements_230807
5. Consideration of a Budget Adjustment for Fire Department Overtime, FY 2022/23.
Recommended Action: Approve the revenue and expense budget adjustments.
Item 5_FD Budget Adjustment_230807
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Councilmember Joachim attended the Legislative Committee meeting the previous week, but there was no quorum, so no official action was taken. She attended the National Night Out event in Depot Plaza, which was well attended, and the Tuesday Night Art Walk the same evening, and she noted all the artists are showcased on the City’s website. Councilmember Joachim also attended a meeting with an arborist to discuss the proposed location of Locomotive Engine No. 9.
The arborist will submit a report for City Manager Cusimano and City staff to review. She planned to go to Sebastopol soon to visit Engine No. 9 to get an in-person view of it.
Vice Mayor Carmel said he and Councilmember Burke, as members of the Infrastructure Study Group, met with City Manager Cusimano and members of City staff to put together a panel to start in September and finish by December. He noted the meetings are open to the public and encouraged people to attend. The Transportation Authority of Marin (TAM) recently awarded $2.2 million for bicycle and pedestrian access, and the County is getting $500,00 to tie Horse Hill to the multiuse path on Lomita Drive, so it will run by Edma McGuire school. He and Councilmember Burke have been working on ways to get people to take the bus, and are getting the TAM board interested in Bus No. 17. Lastly, Vice Mayor Carmel said the Mill Valley police 4 department is one of the first to provide RIPA data, and said there is very low crime in Mill Valley and a low level of racial disparity relative to population.
Councilmember Burke thanked Mill Valley Police Chief Navarro for providing the updated data on bicycle and pedestrian incidents in the City and trends over the last several years, which he shared with the Bicycle and Pedestrian Advisory Committee (BPAC). He noted that he and Councilmember Perrey would meet with the incoming head of the Mill Valley School District later in the week and would share the updated data with her as well. Councilmember Burke said the takeaway is that there is work to be done at Tam High School in terms of bicycle security and safety for the students during peak periods.
CITY MANAGER’S REPORT
City Manager Cusimano gave a report/update on the following topics:
• 500 Miller Avenue project: He thanked Director of Planning and Building Kelly for being on top of the project, and said they will provide quarterly updates so the City Council, Planning Commission, and community can follow the project. He said the project has been extended and is set to be completed in November or December of 2024. He noted there are two buildings: Building A is the residential side; Building B is retail. He said the slabs have been poured for both buildings, and over the next eight weeks, forming, steel, and concrete, and framing would be going up.
• 1 Hamilton Drive project: EAH Housing has just given a 90-day extension, the first of potentially three of an exclusive negotiating agreement, as they continue to work on the project and work through items for the agreement, but all is going according to plan, and they are making great progress.
• There were a couple of questions regarding the staff report from Chief Tom Welch on the Fire Department overtime budget adjustment, which was approved on Consent Item #5.
This is for their audit and for the City Council to acknowledge what the actual budget was and approve it at year's end. Every year the City budgets $250,000 for Mill Valley Fire overtime, and toward the end of the year they have a better idea of what the actual number is, and now that they know, they broke even and there is an approximate $12,000 delta of expenditures to revenue, in line with previous years.
Senior Management Analyst Walsh provided the monthly DEI update. The City Council’s workplan was approved in April and contained several DEI initiatives, such as the East Blithedale and downtown project,; the paid internship program; the City hiring another senior management analyst; community chats; employee wellness program; soft story ordinance; and other events such as National Night Out, Family Fun Fest, an Elder Fraud event, November Harvest Festival, Black Excellence Month, and Silent Disco.
PUBLIC OPEN TIME
Vice Mayor Carmel opened Public Open Time.
Speakers: None.
5 Communications (via eComment): Clayton Smith
Vice Mayor Carmel closed Public Open Time.
PUBLIC HEARING
6. Introduction and First Reading of an Ordinance Amending Title 14, “Building and Construction,” of the Mill Valley Municipal Code Regarding Gate Safeguards.
Recommended Action: Introduce the Ordinance and waive first reading.
Item 6_Gate Safeguards Ord_230807
Director of Planning and Building Kelly and Building Official Bejhan Razi provided a presentation giving background on the basis for the ordinance amending the municipal code regarding gate safeguards. The ordinance affects two Municipal Code chapters, 1405 and 1453. If the Council waives the first reading and advances the item, they will return on September 7th for consideration for a second reading, and the ordinance would become effective 30 days from adoption.
Director Kelly and Building Official Razi responded to questions from the City Council.
Vice Mayor Carmel opened the Public Hearing.
Speakers: Eric Quanbeck
Communications (via eComment): None.
Vice Mayor Carmel closed the Public Hearing.
Councilmembers strongly supported the ordinance.
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Burke to introduce the Ordinance and waive first reading, reading by title only an ordinance of the City Council of the City of Mill Valley amending Chapter 14.05 of the Municipal Code to amend Section 3110 of the 2022 California Building Code to add safeguards to manual gates, and adding Chapter 14.53 to provide for administrative and program regulations on gate safeguards. The Motion was carried by a 4-0 vote. Mayor Wickham, absent.
7. Introduction and First Reading of an Ordinance Amending Mill Valley Municipal Code Chapter 12.04, “Trees and Vegetation,” of Title 12, “Trees Weeds and Vegetation,” to Clarify the Approval Process for Modifications to Public Plantings (e.g. removal of public trees) Associated with Development Projects Subject to Title 20, “Zoning”: the City Department Responsible for Regulations Under MVMC 12.04; and Vegetation Clearance Above Roadways.
Recommended Action: Introduce the Ordinance and waive first reading.
Item 7_Trees and Vegetation Ord_230807
6 Director of Planning and Building Kelly provided a presentation giving background on the ordinance amending the Municipal Code regulating trees and vegetation within the public rightof-way and clarifying past practices and changing conditions for department organization.
Director Kelly outlined the intent of the ordinance update, which is to clarify public tree removals during the development review process; modification of public trees/shrubs proposed as part of design review; the responsible department; right-of-way clearances; and next steps.
Vice Mayor Carmel opened the Public Hearing, seeing no one who wished to speak, Vice Mayor Carmel closed the Public Hearing.
It was MOVED by Councilmember Burke and SECONDED by Councilmember Joachim to introduce the ordinance and waive first reading, reading by title only, an ordinance to amend Mill Valley Municipal Code Chapter 12.04, Trees and Vegetation, of Title 12, to clarify the approval process for modifications to public plantings associated with development projects. The Motion was carried by a 4-0 vote. Mayor Wickham, absent.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED to the Mill Valley Public Financing Authority Board of Directors Meeting at 6:39 p.m. with the next Regular City Council meeting to be held on Monday, September 7, 2023, at 5:30 p.m. in the Mill Valley City Council Chambers. ___________________________
Stephen Burke, Mayor
ATTEST:
_____________________________
Risa De Ferrari, City Clerk
Approved and Adopted by the City
Council of Mill Valley on July 21, 2025