Meeting Minutes - City of Mill Valley

CITY OF MILL VALLEY
CITY COUNCIL
MINUTES
COUNCIL CHAMBERS, CITY HALL
26 CORTE MADERA AVENUE, MILL VALLEY
May 2,2016
6:30 P.M.
John McCauley, Mayor
Jessica Sloan, Vice Mayor
Stephanie Moulton-Peters
Jim Wickham
Sashi McEntee
City Staff Present: City Manager McCann; City Attorney Stepanicich; Finance and Human
Resources Director Erickson; Public Works Director Poster; Interim Public Works Director
Peterson, Fire Chief Welch; Police Chief Bernal; Assistant to the City Manager Walsh; Senior
Planner Staude; and Deputy City Clerk/Administrative Analyst Allingham.
CALL TO ORDER
Mayor McCauley called the meeting to order at 6:30 P.M.
PUBLIC OPEN TIME
General Public Communication 160502
David Levin, Shelley Drive, said that he was speaking on behalf of the Mill Valley Affordable
Housing Committee and had sent the City a letter advocating for the formation of a Housing
Committee as a follow-through of the Housing Element. He noted that it would be an important
tool for the City and offered his assistance.
Michael Mooney commented on the overall state of the City's crosswalks and requested that the
City direct more attention, staff time, and funding toward repairs. He specifically called out the
need for additional safety measures to be installed along the City's Golf Course, East Blithedale,
and Thalia. He also asked for sharrows to be installed continuously along Sycamore Avenue.
APPROVAL OF THE AGENDA ORDER
160502 Agenda
It was MOVED by Vice Mayor Sloan and SECONDED by Councilmember McEntee to
approve the Council meeting agenda. The Motion was carried unanimously by a 5-0 vote.
City Council Meeting Minutes
City of Mill Valle}'
ACTION OUT OF CLOSED SESSION
None.
COUNCIL AND STAFF ANNOUNCEMENTS
Mayor McCauley shared that his daughter, Erin McCauley, has just been accepted into a PhD
program at Cornell University and congratulated her. He shared that Ms. McCauley grew up in
Mill Valley, attended Mill Valley public schools, graduated from the University of Oregon,
served for two years in Teach for America, and is about to graduate from Vanderbilt University
with a Master's Degree in Community Development and Action.
Mayor McCauley acknowledged a letter that the City Council had received from Mr. Bob
Silvestri regarding the Mill Valley Lumber Yard Project which expressed concerns about
comments the City Manager offered in response to an email and which raised questions about the
role of staff in the development approval process. Mayor McCauley asked City Attorney
Stepanicich to comment on staff s role in such matters. City Attorney Stepanicich confirmed
that the role of the City Manager and Planning Director is to provide analysis, recommendations,
and professional advice to the Planning Commission and City Council. City Manager McCann
noted the high volume of public interest in the project and that he had received scores of emails
on the subject. He said that he typically tries to acknowledge receipt of each email and given the
volume of emails he received, he used a brief standard template. He added that he received a
longer and more detailed communication to which he offered a more detailed response, deviating
from his usual template. City Manager McCann acknowledged that some of his response to
that particular email could be taken out of context and misunderstood, and that he would be more
careful in his choice of words in the future.
Mayor McCauley also reported that City Council had heard some public concern regarding the
independence or objectivity of one or more Planning Commissioners related to the Mill Valley
Lumber Yard Project. In response, he asked the City Attorney to reach out to each Planning
Commissioner to review rules governing this standard and expectation and to provide guidance
on this matter. The City Attorney will also attend the next Mill Valley Lumber Yard hearing to
explain the applicable rules and due process. Mayor McCauley commented that the City
Council is very interested in due process and in ensuring that projects receive a fair hearing.
CITY MANAGER'S REPORTS
City Manager McCann provided a review on the following topics:
•
•
Update Regarding the Progress of the Municipal Service Tax Committee.
Update and Report from the Neighborhood Association Leaders Meeting.
City Manager McCann also reported that he was pleased with staff's response and the
communication to the public in the aftermath of a water main break near the Shoreline/HWY 1
exit from northbound 101. He also thanked the Southern Marin Fire Department and CalTrans
for their quick response and communication with City staff.
Page 2 of 11
City Council Meeting Minutes
City of Mill Valle}'
City Manager McCann also advised the Council that he was drafting a letter, which would be
reviewed by the Mayor, to send to the Golden Gate National Recreation Area regarding their
proposed modifications to regulations surrounding dogs. He noted that the Parks and Recreation
Commission had expressed concern and foresaw adverse effects on Mill Valley parks.
PRESENTATIONS
.L.
Proclamation in Recognition of the 2015-2016 Tamalpais High School Varsity Girls
Basketball Team in Honor of Their MCAL Championship.
Item 1 Tam Girls Proclamation 160502
Mayor McCauley introduced Coach Michael Evans and read the proclamation, congratulating
the team on an historic season. Coach Evans thanked the Council for the recognition and
commented that the team had a great season, winning 28 games - the most any Tam High girls
team had ever one and the second most any team had one in school history.
2.
Presentation of a Certificate of Appreciation for Interim Public Works Director Bob
Peterson.
Item 2 No Written Material 160502
City Manager McCann introduced Interim Public Works Director Bob Peterson, thanking
him for coming out of retirement to fill a critical role in the City. Mayor McCauley presented
Mr. Peterson with a certificate of appreciation and noted that he had been impressed with Mr.
Peterson's work and how he had hit the ground running while showing a tremendous amount of
dedication. The Councilmembers thanked Mr. Peterson noting that he had done a great job, that
they had received positive feedback about his tenure, and that he was welcome back any time.
Mr. Peterson thanked City Manager McCann and the Council for the opportunity and
commended staff for being genuine, eager to help, and hard-working.
~
Swearin g-in and Badge Pinning of Peter Romo on his promotion to Fire Captain and
Engineer Karl Siegmund to Firefighter.
Item 3 No Written Material 160502
Chief Welch introduced the item and noted that hiring and promotions are career milestones that
represent years of education, preparation, training, and dedication to and organization and its
mission and values.
Chief Welch mentioned that Captain Romo started his career in 2000 and joined the Mill
Valley Fire Department in 2006 as a Firefighter Trainee. Mr. Romo is married to his wife, Miki
Romo, and together they have two children, Hunter and Declan.
Chief Welch said that Firefighter Siegmund started in 2002 in Los Angeles County with a
private ambulance company and eventually spent several years in the Coastguard as a damage
control man and hazmat specialist. He spent two seasons volunteering with Marin County Fire
and started volunteering with the City in 2015 and was promoted to Firefighter Trainee.
Page 3 of 11
City Council Meeting Minutes
City of Mill Valley
Chief Welch administered the oath of office to Captain Romo and Firefighter Siegmund.
Captain Romo's family, Mrs. Romo, Hunter, and Declan performed that badge pinning.
Firefighter Siegmund's longtime girlfriend, Erin Downey, performed his badge pinning.
4.
Presentation of the Emergency Preparedness Commission's Annual Report.
Item 4 EPC Annual Re port 160502
Chief Welch introduced Emergency Preparedness Commissioner Kimberly Hobson who
provided an overview of the annual report. She highlighted the Emergency Preparedness
Commission's (EPC) recent accomplishments including 22 new Community Emergency
Response Team (CERT) graduates, 15 graduates from the Teen CERT Program, and 150
attendees at the MV Campout. Ms. Hobson also reported that the Commission intends to build
upon its recent success and continue to enhance its public communication and education, citing a
Storm Preparedness Meeting in October 2015 and an All Hazards Mitigation Plan community
meeting in December 2015 as examples to draw from.
Ms. Hobson reported that the EPC's vision for 2016 included a goal to focus on connecting with
the whole community. They also plan to initiate a pilot program to attract more CERT volunteers
with a goal of 1 trained CERT member for every 20 households.
The Council thanked Ms. Hobson and the EPC for their hard work and dedication to the
community. Vice Mayor Sloan added her specific appreciation for the Teen CERT Program and
thought it was a great way to involve local youth. Mayor McCauley commented that the ratio
goals were a valuable addition .
Mayor McCauley opened public comment.
Ken Brooks, President of Mill Valley Rotary Club, thanked Maggie Lang for helping the Club
partner with the City to fund the Teen CERT Program.
Mayor McCauley closed public comment.
Chief Welch recognized newly re-appointed EPC Commissioner Ron Vidal in the audience
and Consultant Maggie Lang as well.
CONSENT CALENDAR
Councilmember McEntee reported that she had reviewed a minor change to the minutes with
Deputy City Clerk!Administrative Analyst Allingham.
It was MOVED by Councilmember Moulton-Peters and SECONDED by Vice Mayor Sloan
to approve the Consent Calendar with corrections to Item 5.
unanimously by a 5-0 vote.
5.
The Motion was carried
Consideration of the Minutes of the April 4, 2016 Regular City Council meeting.
Recommended Action: Approve the City Council meeting minutes.
Page 40f 1~
City Council Meeting Minutes
City ofMill Valley
Item 5 April 4 Minutes 160502
NEW BUSINESS
6.
Consideration of Resolutions Authorizing a Budget Adjustment and Authorizing the City
Manager to Execute Construction Contracts for the Miller Avenue Streetscape and
Passage Sidewalk Gap Closure/Bicycle Lanes Projects to the Lowest Qualified Bidder, to
Execute a Professional Services Agreement for Construction Management Services for
the Entire Miller Avenue Streetscape Project; and Approving the Long Range Miller
Avenue Parking Management Plan.
Recommended Action: Receive presentation, discuss and provide direction; and adopt
Resolutions No. 16- , 16, 16, and 16Item 6 Miller Ave Streetscape Plan and PMP 160502
Item 6 Public Communication No. 1 160502
City Manager McCann introduced the item and advised Council that staff and project
consultants were present and available to answer questions about the project. Director Poster
introduced the staff report and outlined the four recommended actions being proposed for
Council consideration.
1) Authorize the City Manager to award a Professional Services Agreement for
construction management services. Director Poster explained that the construction
management staff would report to City staff and ensure the project's compliance,
project delivery, adherence to budget, etc.
2) Authorize the City Manager to award and execute a contract to the lowest qualified
responsible bidder, Maggiora and Ghilotti, for the Passage Sidewalk Gap Closure
project. Director Poster explained that this was a smaller, separate project within the
overall Miller Avenue Streetscape Project since it was funded separately by federal
grants.
3) Authorize the City Manager to award and execute a contract to the lowest qualified
responsible bidder, Maggiora and Ghilotti, for the Miller Avenue Streetscape Project
base bid with additive alternatives 1,2, and 3. Director Poster added that the original
staff report recommended approval of the project for the base bid and additive
alternatives 1 and 2, but since that staff report had been released, City Manager
McCann and staff had worked with the Transportation Agency of Marin (TAM) to
obtain assurance that the additional necessary funds to include additive alternate 3
would be provided. Director Poster said the revised staff recommendation was to
award $12,747,714.25 to include additive alternative 3.
Staff explained that the construction management services would be funded from various sources
within the project and that they have narrowed down the proposals to two firms and will
negotiate. The amount to be approved by Council is a 'not to exceed' amount of $900,000.
Council and staff discussed the additional funding from TAM and how it would impact future
considerations for the East Blithedale project. Staff explained that TAM prioritizes projects and
Mill Valley has the two top ranked projects: Miller Avenue and then East Blithedale. TAM does
Page 5 of 11
City Council Meeting Minutes
City ofMill Valley
not provide funding for secondary projects until the top ranked project has been completed.
Responding to Council, staff explained that initial studies of the East Blithedale project have yet
to be completed and the project scope is currently unknown but that like the Miller Avenue
Streetscape Project, the funding would be assembled from multiple sources including TAM, the
City's General Fund, Road Impact Fee revenue, etc. Director Poster added that the length of the
East Blithedale Project will be from Sunnyside Avenue to Tiburon Boulevard and options for
inclusion such as traffic signal timing and interconnectedness will impact the overall project cost.
Responding to Mayor McCauley, staff explained the City's current fund balances and
traditional reserve amounts. They reported that the City carries a 15% contingency as a best
practice with 10% undesignated, though there is currently 13% of the General Fund in
undesignated reserves. Directors Erickson and Poster confirmed with Council that the City has
enough General Fund reserves to fund the portion of the Miller Avenue Streetscape Project to be
covered by the additional TAM monies should the additional budget for additive alternative 3 not
be approved. City Manager McCann asserted that after productive discussions with TAM, it
was suggested by TAM staff for the City to move forward and City staff are confident that the
City will not be put in any financial jeopardy. Councilmember MOUlton-Peters, the City'S
representative to the TAM Board, stated her agreement with staff, noting that there is substantial
precedent for projects to be re-submitted to the board for additional funding. She noted that when
the funding allocations were designated in 2005 for road rehabilitation in Marin, the "complete
streets" concept had not yet become the standard that it is today. She also mentioned that the
Miller Avenue Streetscape Project was the longest and most comprehensive project to be
undertaken in Marin County and that it has had unilateral support from the TAM Board.
Councilmember Moulton-Peters also said that TAM has a practice of identifying project
funding shortfall and reallocating resources from unexpected revenues.
Mayor McCauley opened the floor for public comment.
Dick Tait stated that he prioritizes the East Blithedale project ahead of the Miller Avenue
Streetscape Project and is fearful of any extra Measure A funds going toward the Miller Avenue
Project not being recouped for East Blithedale. He suggested to Council that the entire base bid
and additive alternatives did not have to be approved and that the Miller Avenue Streetscape
Project could be approved and undertaken in segments.
Mayor McCauley closed public comment.
Director Poster reviewed the long range Parking Regulation changes and the Parking
Management Plan. He mentioned that the City had performed in depth parking analysis in 2010
and that the Miller Avenue Streetscape Plan was adopted in July of 2011. The City also
contracted with Parisi Transportation Consulting to conduct a parking study in 2016 and City
staff garnered feedback from the community on the topic. He noted that in 2011 the Plan had two
overarching goals to address future parking conditions:
1) To address Main Street business parking regulations prioritizing shopping and
business employees while shifting commuters to other places in the corridor;
2) To maximize existing spaces by maximizing Main Street Parking and maximizing the
Page 6 of 11
City Council Meeting Minutes
City of Mill Valley
efficiency of off street parking.
Director Poster continued by saying there were as many as 500 unoccupied spaces during peak
periods and that private parking lots are underutilized. He then reviewed four action items that
staff will take with regard to the long-term Parking Management Plan:
1) Mill Valley Police Department to start enforcing existing regulations with special
attention to overnight parking. Staff will start by issuing warnings and aim to change
patterns and behaviors through public outreach.
2) City staff will reach out to business owners and work with them to provide more
efficient use of private lots.
3) Staff will add to or adjust parking regulations for maximum efficiency.
4) Staff will work to identify additional public parking through cooperative agreements.
City Manager McCann introduced consultants Ms. Penelope Amuyunzu and Mr. David
Parisi. Ms. Amuyunzu described the process and methods utilized for the most recent study and
explained her findings. She explained that the City Commuter Lot would be changed to 4-hour
restricted spaces and commuters would be redirected to parking locations that are nearer to bus
stops. She noted that the study showed the Commuter Lot was mostly used long-term by local
employees, not commuters. Senior Planner Staude added that data from Marin Transit shows
average boardings per day at Montford and ReedIValley Circle to be less than 70 per day.
Additionally, a 2011 windshield survey showed approximately 15% use of the corridor for
commuters. Staff confmned that the corridor's parking capacity could accommodate the
proposed changes.
Mayor McCauley opened the floor for public comment.
Ken Brooks requested additional information on the parking study and whether or not it had
been undertaken with respect to identifying parking specifically related to the upcoming Mill
Valley Lumber Yard Project.
Mayor McCauley closed public comment.
Vice Mayor Sloan stated her support for approving the contract to include all three additive
alternatives and that she is comfortable with the City's financial position with regard to reserves.
She expressed her appreciation for the community's involvement in the process and that the City
should undertake the full scope and original vision of the project and do it well.
Councilmembers Moulton-Peters, Wickham, and McEntee agreed with Vice Mayor Sloan.
Mayor McCauley also agreed with the majority and noted that the project needed to move fully
forward and that the amount of funds prioritized over the future East Blithedale Project was
comparatively small and could be compensated for elsewhere when the time comes.
Page 7 of 11
City Council Meeting Minutes
City of Mill Valle}'
It was MOVED by Councilmember Moulton-Peters and SECONDED by Vice Mayor Sloan
to approve Resolution 16-15 awarding the construction contract to Maggiora & Ghilotti with
revisions to include additive alternative 3. The Motion was carried unanimously by a 5-0 vote.
It was MOVED by Vice Mayor Sloan and SECONDED by Councilmember McEntee to
approve Resolution 16-16 awarding the construction contract of the Passage Sidewalk Gap
Closure to Maggiora & Ghilotti. The Motion was carried unanimously by a 5-0 vote.
It was MOVED by Vice Mayor Sloan and SECONDED by Councilmember Wickham to
approve Resolution 16-17 authorizing the City Manager to execute a contract for consultant
services for construction management. The Motion was carried unanimously by a 5-0 vote.
With regard to the Parking Management Plan, Councilmember Wickham noted that the
proposed regulation changes were feasible but would produce enforcement challenges. He
mentioned that multiple zones with multiple regulations presented a challenge and higher level
of difficulty for enforcement and that he recommends the City consider a commuter permit
program and enhanced enforcement philosophy.
Mayor McCauley requested more information from staff regarding a plan for parking
management during construction.
Councilmember Moulton-Peters suggested that the long-term parking plan include exploration
of installing metered parking along Miller Avenue. She also agreed with Councilmember
Wickham regarding enforcement.
Vice Mayor Sloan agreed with her counterparts and noted the City's ability to revisit the subject
and make changes in the future.
Councilmember McEntee commended staff for their outreach to local businesses and requested
an update on the communication efforts. She also asked for more information regarding how the
efficient use of private lots would be accomplished.
Mayor McCauley stated his support for adopting the resolution to amend parking regulations
and that he remains very interested in the short-term parking plans during construction. He also
suggested that the City's policies with regard to Sunday parking be revisited.
It was MOVED by Vice Mayor Sloan and SECONDED by Councilmember Moulton-Peters
to approve Resolution 16-18 approving the Parking Management Plan and Parking Regulation
changes for Miller Avenue. The Motion was carried unanimously by a 5-0 vote.
7.
Informational Presentation Regarding the Process and Schedule for Making Adjustments
to the Sewer Service Charge.
Recommended Action: Receive presentation, discuss and provide direction.
Item 7 Sewer Service Rate Change Update 160502
City Manager McCann introduced the item, explaining that due to the proposed SASM
Page 8 of 11
City Council Meeting Minutes
-City of Mill Valley
Renovation Project, the City has to consider rate increases one year earlier than anticipated,
which has also narrowed the timeframe for accomplishing and approving any changes.
Interim Public Works Director Peterson explained that SASM plans to issue a revenue bond
to fund $30 million in improvements to the Plant. City staff has determined that the originally
approved rate increases are not adequate to handle the debt service, as they were only approved
as a 9% increase. He stated that the approved rate changes must be submitted to the County by
August 1,2016. Interim Director Peterson noted that he plans to submit the initial rate review
to Council on May 23, 2016 so Council can accept the proposed changes and authorize public
noticing. The next step would be a public hearing on July 12,2016.
Interim Director Peterson reviewed the five-year forecast inclusive of the proposed rate
changes and noted that the City also has to accommodate rate changes that reflect a new standard
for water conservation, which has reduced revenue. He noted that water consumption has fallen
12.3% which has resulted in a revenue shortfall. Staff and Council also discussed the City's
historic fund balance and reserve levels.
The Council and staff discussed the City's rate structure (flow based) and whether or not the City
should explore reverting back to a fixed fee or variable structure. Council also discussed the
strategy of increasing rates in light of other potential ballot measures in November of 2016
including the City's Municipal Service Tax.
Mayor McCauley opened the floor for public comment, seeing none, he closed the session.
The Council and staff took a recess at 9:21 P.M. and reconvened at 9:29 P.M.
The Council deliberated its options, considering variations of the proposed rate increases by
staff. Mayor McCauley noted that the City of Mill Valley accounts for close to 50% of SASM's
capacity and demand and therefore the City's rate increases were pivotal for SASM's success in
obtaining the bond. Councilmember Moulton-Peters asked that consideration be given to a
stepped or gradual increase to rates. Vice Mayor Sloan reiterated her concern with regard to
undermining the City's Municipal Service Tax Measure and suggested that consideration be
given to delaying the MST effort. Council also discussed the need for more information with
regard to the Sewer Lateral Ordinance and its potential impact and needs related to the rate
increases.
City Manager McCann summed up the discussion and advised Council that staff would provide
options for increasing rates at its next meeting.
8.
Discussion of the Upcoming May 31, 2016 Community Meeting.
Recommended Action: Discuss and provide direction.
Item 8 Community Meeting Discussion 160502
Mayor McCauley provided a review of previous Community Meetings and how they functioned
and proposed a modified plan for the May 31,2016 Community Meeting.
Page 9 of 11
City Council Meeting Minutes
City of Mill Valley
The Council discussed the process for receiving and answering questions and agreed that in lieu
of comment cards, a two-minute maximum per person would be given for public comment with
Council or staff providing immediate response. Assistant to the City Manager Linn Walsh
noted that the proposals in the staff report were inclusive of the best practices identified from
previous meetings. She noted that the public found it particularly helpful to have the open
session for direct conversation with staff and Council at the beginning of the meeting and that it
also provided a cushion for the public to arrive from work and not feel as if they had missed out
on a part of the meeting. She also noted that Mr. Parisi would have his own table to discuss
traffic and parking concerns.
Council and staff agreed that the public would be limited to two minutes and that follow-up
questions would not be allowed. It was also determined that the Department Heads would not
join Council at the dais but would be available for immediate response in the first row.
COUNCIL LIAISON REPORTS
Vice Mayor Sloan provided a report from her Association of Bay Area Governments (ABAG)
General Assembly meeting, noting that Councilmembers McEntee and Moulton-Peters were
also able to attend. She mentioned that there were a lot of issues involving the organization and
that the potential merger was the main topic of discussion. Vice Mayor Sloan noted that most of
the proposed options for restructuring ABAG would lessen the City's representation. She also
reported that the delegates were not allowed to discuss or ask questions about the proposed
governance changes. Vice Mayor Sloan provided an overview of the proposed options and
noted that the General Assembly would reconvene on May 19,2016.
Councilmember McEntee reported from her representation on Marin Clean Energy's audit
committee and that she was voted in as an alternate to LAFCO.
Vice Mayor Sloan reported from her Major Crimes Task Force Meeting and noted that there has
been a countywide increase in heroin use. This prompted a quick update on the MV Aware
coalition task force and that it would be put on an upcoming agenda.
Mayor McCauley noted that CalTrans intended to begin work this week at the East Blithedale
and 101 interchange.
Councilmember Moulton-Peters reported that the Transportation Authority of Marin was
employing a new investment strategy with CALTRUST.
COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
City Manager McCann said that the Downtown Parking Task Force would convene prior to the
adoption of the budget and that Police Chief Bernal was working on a staff report to identify
options for the group to examine.
Page 10 of 11
City Council Meeting Minutes
Cit}, of Mill Valley
Councilmember McEntee mentioned that she had seen a good example of a municipal webpage
to dispel rumors and provide accurate and timely factual information to the public as a way to
correct misinformation.
Councilmember Wickham asked that the new Depot tenants be scheduled for introduction.
City Manager McCann reported that it was on the Forecast and would be agendized shortly.
ADJOURNMENT: The Council ADJOURNED at 10:27 P.M. to the next Regular City Council
meeting to be held on Monday, May 23, 2016.
Approved and adopted by the City Council
of the City of Mill Valley on May 23,2016.
ATTEST:
~~/~~
-Se-th-A-ll-~ Deputy City Clerk/Administrative Analyst
Page 11 of 11