1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
November 20, 2023
5:30 P.M.
Mayor Urban Carmel – Present
Vice Mayor Stephen Burke – Present
Councilmember Max Perrey – Present
Councilmember Caroline Joachim – Present
Councilmember Jim Wickham – Absent
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Planning and Building Director Kelly; Senior Planner Allen; Senior Management Analyst Walsh; Senior Management Analyst/Assistant to the City Manager Rogers; and City Clerk/Management Analyst III Politzer.
CALL TO ORDER
Mayor Carmel called the meeting to order at 5:30 P.M. noting Councilmember Wickham was absent from the meeting.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_231120
It was MOVED by Councilmember Perrey and SECONDED by Vice Mayor Burke to approve the agenda order. The Motion was carried by a 4-0 vote. Councilmember Wickham, absent.
PRESENTATIONS
None.
CONSENT CALENDAR
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Joachim to adopt the Consent Calendar, Items #1-5. The Motion was carried by a 4-0 vote.
Councilmember Wickham, absent.
2 1. Receive the Statement of General Fund Revenue and Expenditures as of June 30, 2023 for Fiscal Year 2022/2023.
Recommended Action: Receive report.
Item 1_Statement of General Fund Revenue and Expenditures, June 2023_231120
2. Consideration of the 2023/2024 Winter Outlook and Storm Response Report.
Recommended Action: Receive report.
Item 2_Winter Storm Outlook and Response 2023_231120
3. Consideration of a Resolution Accepting a Grant from the California Office of Traffic Safety (OTS), Selective Traffic Enforcement Program (STEP).
Recommended Action: Adopt Resolution No. 23-___.
Item 3_Acceptance of California Office of Traffic Safety Grant Funds_231120
4. Consideration of a Resolution Accepting as Complete Work Under a Contract to Coastside Concrete & Construction, Inc. for the Curb Ramp Improvement Project – Phases 1 and 2.
Recommended Action: Adopt Resolution No. 23-___.
Item 4_NOC Curb Ramp Improvements Project Phases 1 and 2_231120
5. Consideration of a Resolution Accepting as Complete Work Under a Contract to Interstate Grading & Paving, Inc. for the Downtown Paving and Sidewalk Rehabilitation Project Phase 3.
Recommended Action: Adopt Resolution No. 23-___.
Item 5_ NOC Downtown Paving and Sidewalk Rehabilitation Project Phase 3_231120
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Vice Mayor Burke reported that the Marin Wildfire Prevention Authority (MWPA), a relatively new agency, is launching a $1 million project. Clean Mill Valley, a volunteer committee, recently conducted a litter sweep throughout the downtown area. Vice Mayor Burke also acknowledged Dex Carvy’s passing from an accidental drug overdose at the age of 33.
Councilmember Perrey noted that fire season is ending, but flood season is right around the corner. He encouraged the community to enroll in CERT training and to sign up for AlertMarin.Org.
Councilmember Joachim distributed flood awareness pamphlets with the Southern Marin CERT in the Sycamore neighborhood. The Homeless Committee received some updated numbers on homelessness in Marin County: 691 homeless individuals have been housed, 94% of which live in permanent supportive housing, 144 of which are veterans, and 188 of which are homeless families. There were three Neighborhood Chats last week. Resilient Neighborhoods, an organization that hosts free climate action workshops, meets every two weeks.
Mayor Carmel attended the 5
th Infrastructure Task Force meeting last week. They received a report detailing that roughly $150 million in deferred maintenance needs to be addressed. The 3 Task Force will give a presentation to City Council on infrastructure needs on December 4th. The Transportation Authority of Marin (TAM) Executive Committee met last week. There will be two ballot initiatives to fund affordable housing and transportation. Every other month, City Hall hosts Community Chats to welcome open, honest discussion from the public. Mayor Carmel also attended the Planning Commission retreat last week.
CITY MANAGER'S REPORT
City Manager Cusimano gave a report/update on the following topics:
• Recognized the Employee of the Quarter, Wendy Aquilino. City Manager Cusimano read a one-page memo from the Chief of Police nominating Wendy for the Employee of the Quarter award.
PUBLIC OPEN TIME
Public Open Time_Public Communication No. 1_231120
Speakers: Dart Cherk.
Communications (via eComment): Clayton Smith.
PUBLIC HEARING
6. Consideration of an Appeal Filed by Kenneth Wachtel (“the Appellant”) of the Planning Commission’s Approval of The Treehouse Project (“the Project”) at 60 Throckmorton Avenue in Accordance with Mill Valley Municipal Code (MVMC) 20.100.130.
Recommended Action: Adopt Resolution No. 23-___ denying the appeal.
Item 6_60 Throckmorton Avenue Treehouse Project Appeal Hearing_231120 Item 6_Public Communication Nos. 1-17_231120
Item 6_Public Communication Nos. 18-54_231120
Item 6_Public Communication Nos. 55-58_231120
Item 6_Public Communication Nos. 59-65_23112
Planning and Building Director Kelly and Senior Planner Allen gave a presentation on the item.
Councilmembers asked staff questions.
Planning Commission Chair Jon Yolles gave a summary of the Planning Commission’s decision on the Project.
Councilmembers asked Chair Yolles questions.
Ken Wachtel, the appellant, gave a presentation of the appeal.
Councilmembers asked Mr. Wachtel questions.
4 Adam Lynch and Mike Natenshon from Spruce MVML, LLC, the Project Applicants, gave a presentation of the project.
Councilmembers asked Mr. Lynch and Mr. Natenshon questions.
Kent Wachtel made rebuttal statements regarding the Project Applicant’s presentation.
Mayor Carmel opened the Public Hearing.
Speakers: John Pearce, Kathy Rosecrans, no name given, Eileen Fisher, Lindsay Gamen, Katherine Jones, Christine, Keith Chan, Dart Cherk, Esther Cherk, Nancy Carlston, David Rand, Shanna Keridan, Steve Hasting, Aaron Fenton, Josh Schwartz, Bill Green, Lauren Ryan, Maeve Burke, Susan Hirsch, Sara Davis, Dan Martin, Rob Cohen, Josh Gladding, Paula Reynolds, Alan Ungher, Matt Twomey, Daniel McKenzie, Jeff Christner, Andrew Reider, Mark Jones, Paul Winston, Lisa Dejounero, Jim Perinello, Molly Getty, Bill Hopin, Dan Cressman, Warren Mullen, Christian Bentley, John Cutler, Jerry Horn.
Communications (via eComment): Clayton Smith, John Pearce, Margaret Fisher.
Mayor Carmel closed the Public Hearing.
City Councilmembers offered deliberative comments. Mayor Carmel asked Councilmembers to declare whether it is an approvable project.
Vice Mayor Burke deemed it as an approvable project.
Councilmember Perrey said he thinks the City Council should uphold the appeal, deeming it a non-approvable project.
Councilmember Joachim stated that she does not believe the project aligns with the City’s long-term goals and standards. She deemed it a non-approvable project.
Mayor Carmel stated that this project meets the General Plan better than the Bank of America building. He made remarks concerning the exclusivity of certain businesses downtown in contrast with this project’s commitment to diversity, equity, and inclusion. Mayor Carmel expressed that it is a “very obviously” approvable project.
Councilmembers took a five-minute recess at 10:55 pm and returned to the dais at 11:00 pm.
Councilmembers reviewed and adjusted the project’s Conditions of Approval.
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Joachim to adopt the Resolution as amended. The Motion was carried by a 4-0 vote. Councilmember Wickham, absent.
5 COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
None.
ADJOURNMENT – The Council ADJOURNED at 11:38 p.m. to the next Regular City Council meeting will be held on Monday, December 4, 2023, at 5:30 p.m. in the Mill Valley City Council Chambers.
___________________________
Urban Carmel, Mayor
ATTEST:
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Risa De Ferrari, City Clerk