1 CITY OF MILL VALLEY
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
September 16, 2024
5:30 P.M.
Mayor Urban Carmel – Present
Vice Mayor Stephen Burke – Present
Councilmember Max Perrey – Present
Councilmember Caroline Joachim – Present
Councilmember Jim Wickham – Present
City Staff Present: City Manager Cusimano; City Attorney Khalsa; Director of Arts & Recreation Howe; Deputy Director of Arts & Recreation Ingram; Deputy Director of Operations Neumann; Deputy Director of Human Resources Allingham; Management Analyst III Pollitzer; and City Clerk De Ferrari.
CALL TO ORDER
Mayor Carmel called the meeting to order at 5:30 P.M.
ACTION OUT OF CLOSED SESSION
None.
APPROVAL OF THE AGENDA ORDER
Agenda_240916
Mayor Carmel proposed to two amendments to the agenda order: to move Item 1 forward to the next meeting to be held on October 7, 2024, and to move Item 6 to the top of the agenda order (above consent).
It was MOVED by Councilmember Perrey and SECONDED by Councilmember Joachim to approve the agenda order. The Motion was carried unanimously by a 5-0 vote.
6. Consideration of a Resolution Authorizing the Construction of Sand Volleyball Courts in Bayfront Park.
Recommended Action: Adopt Resolution No. 24-___.
Item 6_Sand Volleyball Courts at Bayfront_20240916
Item 6_Communication Nos. 10 thru 17_240916
Mayor Carmel introduced Item 6.
2 Deputy Director of Arts & Recreation Ingram and Deputy Director of Operations Neumann presented Item 6, the Construction of Sand Volleyball Courts in Bayfront Park, to Council which was received by the Parks and Recreation Commission at their September 4, 2024, Parks & Recreation Commission meeting and recommended by the Commission to Council.
Councilmembers asked staff questions.
Vice Mayor Burke asked for clarification on the fencing height, he asked how the facility be governed and controlled, and if there could there be bike racks tied to this project. Vice Mayor Burke also asked if there would be an impact to middle school parking lot and if there would be a parking impact study done given parking is already impacted in the area and the middle school does not permit parking by the public on their property.
Deputy Director Neumann responded to Vice Mayor Burke by stating that fence height was considered in consultation with other agencies and that the project was still in very early stages but that further consideration could be given to bike racks and parking impacts.
Councilmember Perrey asked if the fence height would limit volleyball activity to the course and keep the multi-use path safe.
Deputy Director Neumann responded to Councilmember Perrey stating that the fence height on the multi-use path side of the courts is higher and was considered to ensure separation of activity spaces.
Councilmember Joachim asked if there will be a dedicated webpage for rentals, if there will be Field Monitors, and asked about the funding goals for the completed project.
Deputy Director Ingram responded to Councilmember Joachim by stating that there will be a rental process in place overseen by the Parks & Recreation Department. He said there will be Field Monitors to help manage and enforce use of the courses. Deputy Director Ingram shared that in terms of overall funding goals, half of the funds will be provided by Proposition 68 and the other half will be raised by the community with a goal of $350-$400,000 total for the project.
Councilmember Wickham – Spectators, will there be seating, crowds, floor seating? What will this look like? Ingrim my experience and in Town of Moraga there are no bleachers. Any thoughts on drainage? We have multi-million-dollar drainage on the field. Drop-in basis versus permit? Ingrim stated it will be both drop-in and permit.
Mayor Carmel opened public comment.
Speakers: 6 Speakers total (see comments below).
Rufis Jefferis, former Mill Valley resident, thanked the Council, City staff, and Greg Moore for this project and supported the project.
3 Rick, 1 Panoramic Highway, supported the project and expressed appreciation for it.
Chris, 71 Buena Vista Ave, stated he was part of original team doing the master plan for this project over a decade ago and expressed support.
Demetra, 23 Central Drive, expressed support of the project. College of Marin coach of sand volleyball team. There is currently high demand around Marin County for use of sand volleyball courts and limited supply.
Steve Boatright, Mill Valley resident, expressed support of the sand volleyball project. Shared there are current challenges with court availability and demand throughout Northern California and Marin County and noted there are clubs in Marin, Napa, Cotati, Santa Cruz, Golden Gate, and more.
Greg Moore, 221 Reed Street, thanked everyone for their work on this and expressed support of this project. He also gave a shout out to former Arts & Recreation Director, Sean McGrew, who wrote the grant for sand volleyball Proposition 68 funding.
Communications (via eComment): 21 comments were submitted online.
Mayor Carmel closed public comment.
Councilmembers offered deliberative comments.
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Joachim to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote.
CONSENT CALENDAR
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Joachim to adopt the Consent Calendar, Item #1–5. The Motion was carried unanimously by a 5-0 vote.
1. Consideration of the September 5, 2024, Regular City Council Meeting Action Minutes.
Recommended Action: Approve the Action Minutes.
Item 1_Under Separate Cover_Approval of Minutes_240916
2. Consideration of a Resolution Biannually Amending the City’s Conflict of Interest Code.
Recommended Action: Adopt Resolution No. 24-___.
Item 2_Annual Conflict of Interest Code Amendment_20240916
3. Consideration of a Resolution to Adopt the State of California’s Uniform Multifamily Regulations, to Support Local Affordable Housing Projects and Qualify for the State of California’s Local Housing Trust Fund Grant.
Recommended Action: Adopt Resolution No. 24-___.
Item 3_Uniform MFR Guidelines_20240916
4 4. Consideration of Adoption of Three Ordinances to Amend Title 20 “Zoning” of the Mill Valley Municipal Code (MVMC) to Update Regulations and Clarify Definitions Related to Employee Housing, Density Bonus and Homeless Assistance, as Identified in General Plan Housing Element Programs 6, 24 and 31.
Recommended Action: Adopt the following three Ordinances, by title only, and waive second reading.
Item 4_Three Ordinances for Zoning Code Update_Density Bonus_emergncy Shelter_Empl housing_20240916
5. Consideration of a Resolution Rejecting All Bids Received for the East Blithedale Guardrail Upgrade Project and Directing Staff to Rescope the Project to Fit Within the Approved Budget.
Recommended Action: Adopt Resolution No. 24-___.
Item 5_East Blithedale Gaurd Rail Reject Bids_20240916
PUBLIC OPEN TIME
Mayor Carmel opened Public Open Time. Seeing no one who wished to speak, Mayor Carmel closed Public Open Time.
COUNCIL/STAFF ANNOUNCEMENTS AND COUNCIL LIAISON REPORTS Councilmember Joachim reported on the neighborhood NRG meeting, clean-up behind Tam High Saturday 10/12, and SLP clean-ups. Councilmember Joachim attended the Mill Valley Fall Arts Festival and said it was a big success, beautiful over last weekend September 14-15th.
Councilmember Wickham shared that he attended the last RDRA meeting and everything is running smoothly. He shared that November is the next meeting. Vice Mayor Burke expressed he was interested in taking over as Liaison.
Mayor Carmel reported that the Knitting Us Together program launched and the Safe Routes to School Kick-Off began last week with 4 identified paths. Mayor Carmel stated that on October 19th there will be the Kelly Brush Ride to support paraplegic athletes and noted this program has raised over $20 million dollars. The ride will finish on the Plaza with a community event. Vice Mayor Burke noted he participated in the ride last year and that it is a great event.
CITY MANAGER'S REPORT
CityManagerReport_MillValley Flood Reduction Project List_20240916 City Manager Cusimano gave a report/update on the following topics:
• Senate Bill 1 Sea Level Rise Adaptation Planning Grant Award of $965K • Introduction of Juliette Finzi Hart - Grant Lead
• $3,015,000 in Flood Risk Reduction Projects Approved by Flood Zone 3 City Manager Cusimano introduced and commended Juliette Finzi Hart who led the grant application process.
5 Mayor Carmel spoke about receiving an email and meeting with Juliette which began this conversation and that it is a great example of community led engagement and progress. Mayor Carmel noted that Sea Level Rise funding and in depth analysis was not on the workplan for the City this year but through the initiative and work of citizens like Juliette, these projects are possible.
Vice Mayor Burke clarified for the public that this will equate to over $1.2 million dollars that will result in positive community impact and commended Juliette for her initiative and engagement with the City. He noted this work will help the City access additional seed money.
Councilmember Perrey expressed appreciation for this work and community engagement.
Councilmember Joachim expressed appreciation and support for community led discussion, action, and establishing funding through grant work. She thanked Juliette for her hard work.
NEW BUSINESS
7. Consideration of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with RHAA Landscape Architecture + Planning for the Boyle Park Master Plan Project.
Recommended Action: Adopt Resolution No. 24-___.
Item 7_Boyle Park Master Plan PSA_20240916
Director of Arts & Recreation Howe presented the item and reviewed the history of the project, forming advisory committee, and process associated with making the vendor selection.
She noted a point system, reference checks, and the recommendation from Parks & Recreation Commission at the September 4th meeting. Director Howe stated that RHAA approximated $140,000 and 12 months for the length and cost of the Master Plan project. She said there was $125,000 budgeted for the Master Plan from Measure A funds.
Director Howe introduced Urmila Venkat who is a Senior Associate of RHAA and lives on Buena Vista Avenue and spoke to Council about the historical mastering planning of Boyle Park, her familiarity with Boyle Park, and her team’s vision for the park plan.
Councilmembers offered deliberative comments.
Mayor Carmel opened Public Open Time.
Speakers: Speaker 1: Naomi Jane Grey, Speaker 2: Betsey Bickley.
Communications (via eComment): None.
Mayor Carmel closed Public Open Time.
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Perrey to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote. 6 PUBLIC HEARING
8. Introduction and First Reading of an Ordinance Modifying Chapter 8.37 of the Mill Valley Municipal Code Regarding the Downtown Plaza.
Recommended Action: Receive and Discuss Information and Consider for Approval After the Second Reading.
Item 8_Modify Plaza Muni Code_Ordinance_20240916
Item 8_Communication No. 1_240916
Item 8_Communication Nos. 2 thru 5_240916
Director of Arts & Recreation Howe presented the item to City Council for consideration.
Mayor Carmel clarified ‘amplified’ does not mean excessively loud events. Also, he clarified ‘unlimited’ does not mean a significant increase. Mayor Carmel asked about the limits and changes associated with the Muni code.
Councilmember Wickham stated that currently there is a review/ approval process in place for the Depot Plaza.
Councilmember Joachim stated she felt there should be an ultimate limit imposed on the number of events on the plaza each year which could be higher than the current limit but that she was still in favor of setting a limit. Councilmember Joachim also stated she appreciated that this came to Council as a two-part review and then approval process because there was very little public noticing. Councilmember Joachim asked for clarification on whether there could be multiple events during one day on the plaza.
Director Howe confirmed that yes, this could be the case, given the current requirements.
Councilmember Joachim reconfirmed that the extra hour would only apply to the summer months and she suggested for a single City calendar of events.
Vice Mayor Burke inquired if staff have plans to review decibel sound levels on the plaza.
City Manager Cusimano expressed his own observations of noise decibels and suggested a decibel reader on the downtown plaza.
Mayor Carmel opened Public Open Time.
Speakers:
Alan Unger, 16 Bayview Avenue: Stated he appreciated the streamlining of the administrative process associated with the amendment but did have concerns over extended hours. He also submitted public comment via email as well for the record. 7 Debbie Carmichel, 11 Bayview Avenue: stated she has worked on sound concerns in the past with the City and shared there are concerns from her and her neighbors in the community. She expressed thoughts related to not expanding the use of amplified sound in the downtown plaza.
Jules Greenberg, 15 Sunnyside: Expressed how much sound she hears from the plaza on Friday and Saturday nights. There is no distinction between weekdays and weekends. She expressed she supports a vibrant downtown but that there needs to continue to be limits on amplified sound. She reiterated and read out the Municipal Code as it stands today.
Hayden Hicks, 22 Bernard: Spoke about his observations of the volume and number of venues and events that occur in the downtown area and concerns related to additional events and noise.
Communications (via eComment): 9 comments submitted to the public record.
Mayor Carmel closed Public Open Time.
It was MOVED by Vice Mayor Burke and SECONDED by Councilmember Perrey to adopt the Resolution. The Motion was carried unanimously by a 5-0 vote.
City Manager Cusimano clarified the definition of amplified music. He stated that amplified music is anything that includes a mic and an amplifier. He noted that someone playing a guitar on the plaza by itself is not amplified music. He reviewed the details associated with the currently existing Noise Ordinance.
City Manager Cusimano reviewed that since October 2023, there’s been 5 reports of noise complaints, and he stated those examples for the record.
Mayor Carmel said the focus should be on the approval process, number of events, months for extended hours, and time of day.
Councilmember Wickham expressed his experience on Council over the years as well as on the Police Force and the challenges of enforcing noise ordinances. Councilmember Wickham said he supported staff reviewing, screening, and approving events going forward to Council.
Councilmember Joachim supported staff reviewing and screening events occurring on the plaza. She expressed support of differentiating hours on weekdays versus weekends and supported a limit to longer hours occurring only during summer months. Councilmember Joachim supported the possibility of extending hours a bit more during the morning given the communities tendency to utilize the Plaza during morning hours.
Councilmember Perrey supported screening of all activities by staff and that increasing the number of events above 12 made sense. Councilmember Perrey said he was comfortable with staff analyzing and determining the new limits. He supported possible extended hours in the morning on weekdays and weekends and supported extended hour in summer months. 8 Vice Mayor Burke supported staff discretion in selection and screening of events on the plaza.
He also expressed surprise for interest by the public and Council in using the Plaza in the mornings, not just the afternoons. Vice Mayor Burke supported the proposed time extension during the summer months.
Mayor Carmel reiterated general Council support of this item after discussion. Mayor Carmel expressed the Plaza code update was on the city workplan due to requests from the community and business community. Mayor Carmel said that this is an opportunity to reflect the City’s 2040 plan that’s tied to economic vitality in the downtown area.
City Attorney Khalsa requested further clarification in the language related to time permissions in the draft ordinance at the second reading which will be on October 7, 2024.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Vice Mayor Burke said he would like to hear more about what education and enforcement of ebikes was occurring with Back-to-School learning.
Councilmember Joachim reiterated she would like to see a City calendar with all events.
ADJOURNMENT – The Council ADJOURNED at 7:45 p.m. to the next Regular City Council meeting which will be held on Monday, October 7, 2024, at 5:30 p.m. in the Mill Valley City Council Chambers.
___________________________
Urban Carmel, Mayor
ATTEST:
__________________________________________
Risa De Ferrari, City Clerk