CITY OF MILL VALLEY

CITY COUNCIL

MINUTES

COUNCIL CHAMBERS, CITY HALL

26 CORTE MADERA AVENUE, MILL VALLEY

November 2, 2015

7:00 p.m.

Kenneth R. Wachtel, Mayor

Garry Lion, Vice Mayor

John McCauley

Jessica Jackson

Stephanie Moulton-Peters

City Staff Present: City Manager McCann, City Attorney Stepanicich, Director of Planning and

Building Smith, Fire Chief Welch, Interim Public Works Director Peterson, Recreation Director

Rogers, Street and Sewer Supervisor Zadnik, Community Engagement Supervisor Mooney, and

City Clerk/Administrative Analyst Rogers.

CALL TO ORDER

Mayor Wachtel called the meeting to order at 7:03 p.m.

PUBLIC OPEN TIME

Clayton Smith clarified his comments from the Traffic Advisory Task Force meeting

held earlier in the day. He discussed adding bike lanes to Miller Avenue which was done

without community input from Tam Valley. He discussed traffic patterns in that area,

suggested getting the #4 inbound bus stop farther off the road to keep riders and vehicles

safe.

Marla Orth, Corte Madera, discussed the proclamation of the 25th

anniversary of Horse

Hill. She presented the Council with a copy of the book “Horse Hill” and thanked the

Council for their acknowledgment.

Steven Podesta, Sycamore Park, said he is here to honor Nan Paget, but requested the

City pave the lower two to three blocks before Camino Alto, as it is past due for paving

improvements.

Richard Kalish, 81 Roque Moraes, discussed PG&E’s Alto substation /power plant

adjacent to his house and presented a picture taken in front of 95 Roque Moraes, noting

he believes it to be an eyesore. He also attached an article from the local Ridgecrest

newspaper in Kern County where PG&E is building a substation. He said their Planning

Commission did not approve PG&E’s landscape plan and sent it back to provide greater

screening.

City Council Meeting Minutes

City of Mill Valley

Page 2 of 16

APPROVAL OF THE AGENDA ORDER

Agenda_151102

Amended Agenda_151102

It was MOVED by Councilmember McCauley and SECONDED by Councilmember Sloan

to approve the Council meeting agenda. The Motion was carried unanimously by a 5-0 vote.

ACTION OUT OF CLOSED SESSION

None.

COUNCIL AND STAFF ANNOUNCEMENTS

Councilmember Sloan announced that she and her family went trick or treating on Sycamore

Avenue and CERT was out in full force helping to do traffic control. She suggested the Council

consider closing Sycamore Avenue to traffic for next year on Halloween and she thanked CERT

for their efforts as well as Mill Valley Police Department.

Mayor Wachtel congratulated City Clerk/Administrative Analyst Rogers on her impending

baby boy.

Mayor Wachtel announced that the Council will be dedicating Talkington Lane, one of the

City’s Steps, Lanes and Paths (SLPs) on November 17th

at 4:30 p.m. between All Wrapped Up

and Mark Chavez’s office.

CITY MANAGER'S REPORTS:

City Manager McCann discussed the following topics:

Status Report from the Traffic Congestion Reduction Advisory Task Force:

Community meeting of October 27, 2015.

Announcement Regarding the Upcoming November 10, 2015 Miller Avenue

Streetscape Open House.

PRESENTATIONS

1. Presentation of a Certificate of Recognition to Nan Paget honoring her work with the

Mill Valley Community Emergency Response Team.

Item 1_No Written Material_151102

Mayor Wachtel presented Ms. Paget with the Certificate.

Fire Chief Welch discussed the many outstanding things CERT has been responsible for.

He thanked those who are CERT members who came out to honor Ms. Paget. He

discussed her history in the Bay Area and her professional background.

Ms. Paget thanked the Council and stated she has enjoyed being a part of CERT. She

also loved working on the quarterly newsletter – “Shake and Break” which was a way to

City Council Meeting Minutes

City of Mill Valley

Page 3 of 16

keep CERT members involved and educated and enjoyed getting to know the many

CERT members and the Mill Valley Fire Department.

CONSENT CALENDAR

Mayor Wachtel requested removal of Item 3 and asked that it be continued to the

December 7, 2015 City Council meeting when new elected members are present.

Councilmember Sloan noted she is glad the City is making a contribution to the City’s

Homelessness Action fund (Item 4).

Councilmember McCauley noted a minor change to the draft minutes.

It was MOVED by Vice Mayor Lion and SECONDED by Councilmember Sloan to

approve the Consent Calendar. The Motion was carried unanimously by a 5-0 vote.

1. Consideration of the Minutes of the September 21, and October 5, 2015 Regular City

Council meetings, as amended.

Recommended Action: Approve the City Council meeting minutes, as amended.

2. Confirmation and Approval of the City’s $14,952 Contribution to the Marin County

Council of Mayors and Councilmember’s Community Homeless Fund.

Recommended Action: Approve payment.

4. Authorization for the Mayor to Sign a Letter of Support to the Golden Gate National

Recreation Area (GGNRA) for the Muir Woods Reservation System Program.

Recommended Action: Authorize submission of the letter.

Item Removed from the Consent Calendar:

3. Approval of the 2016 Regular City Council Meeting Schedule.

Recommended Action: Approve the schedule.

It was MOVED by Councilmember Sloan and SECONDED by Councilmember

McCauley to continue Item 3 to December 7, 2015 on the Consent Calendar. The Motion

was carried unanimously by a 5-0 vote.

NEW BUSINESS

6. Update Regarding City Preparations for Winter Storm Season.

Recommended Action: Receive presentation, discuss and provide direction as

appropriate.

Item 6_Winter Storm Prep_Under Sep Cover_151102

Item 6_Winter Storm Prep Report_151102

Item 6_Staff PowerPoint Presentation_151102

City Council Meeting Minutes

City of Mill Valley

Page 4 of 16

City Manager McCann introduced the item and recognized Public Works staff, the Flood

Control District and consultants involved in work on the project.

Robert Zadnick, Street and Sewer Supervisor, discussed work that has historically been

done before winter storms. He discussed the confluence of creeks in Mill Valley, wildlife

taken into account, the season, the Tam Valley watershed, and outlined the factors that

are unique to Mill Valley to make storms and flooding hazardous to our area. He

reviewed the significantly increased level of storm preparation work the City has

performed over the recent weeks in anticipation of heavier than normal winter’s storms.

Fire Chief Welch presented the staff report and discussed the Fire Department’s

preparation for and response to storms, noting there was an EOC and CERT training

scheduled for November 18, 2015.

Community Engagement Supervisor Mooney discussed outreach efforts surrounding

the winter storm preparation and response events.

Vice Mayor Lion clarified that the two-way traffic on Hamilton that was discussed was

only regarding emergency situations. He noted he was glad the report included contact

information for staff in the event of an emergency. He noted that it is important to show

rain intensity in the storm gauge measurements.

In response to Councilmember McCauley, Mr. Zadnick noted that there are a few

spots in the flood areas that they are continuing to watch. Other than that, he stated he

was comfortable with the clearing and the condition of our facilities.

James Riley, Stetson Engineering, responded to Councilmember McCauley by stating

that there is no additional emergency vegetation or debris removal and/or permits that the

City should be undertaking; the City has been extremely proactive in its approach and is

prepared in terms of short term items.

Councilmember Sloan asked Mr. Mooney if calls can be sent to mobile phones or were

there apps people can use. Mr. Mooney noted that mobile phones need to register for the

AlertMarin system. They are pushing for registration in their outreach efforts. Regarding

apps, the website update will make outreach efforts more mobile and they will review

apps that can be utilized.

Mr. Zadnick discussed the functions of the flapper gates and other drainage devices.

Councilmember Moulton-Peters referred to Amacita Lane and neighbors mentioned a

lot of ponding of water and water draining into the area and asked what was occurring in

that area. She said she liked the idea of using the muscle wall on a pilot basis and asked if

there were any plans to use it in a more widespread area. Mr. Zadnik agreed there were

many areas in town it could be used, and they want to test it for this year to ensure it is

living up to their expectations before they purchase more. He further explained special

City Council Meeting Minutes

City of Mill Valley

Page 5 of 16

provisions the County has where they can ask for permission from the Army Corps of

Engineers to do the work after the October 15th

deadline.

City Manager McCann asked Interim Director of Public Works Peterson to

comment on the City’s degree of preparedness and infrastructure.

Mr. Peterson noted that the City has pump stations where they are needed. The key

component is maintenance of infrastructure and it seems that Mill Valley is doing

everything it can do prepare for storms.

Mayor Wachtel opened the public comment and there was no public comment.

Councilmember Moulton-Peters agreed that the City is doing a very good job in its

preparation for winter storms and potential localized flooding, but suggested more long-

term steps be reviewed for implementation in the next year. She referred to the

impressive work of the Traffic Advisory Committee and suggested taking a similar

approach in evaluating existing conditions, desired outcomes, and next steps for longer

term projects. She thinks Mill Valley as a city does a good job in setting the pace for

moving through issues, thinks there is value in bringing in community members and

others noting they have a wealth of knowledge and are anxious to be part of the solution.

Vice Mayor Lion commented that there was mention that Mill Valley is a leader in

disaster preparedness and response in the North Bay.

Mayor Wachtel stated this is the most informative presentation he has ever seen on this

issue and the best prepared for winter storms the City has been during his tenure on the

Council. In reading the staff report, he recognized the amount of debris removed from

streams and sewers which was equivalent to the size of the Council Chambers.

PUBLIC HEARING

7. Consideration of an Ordinance Amending Mill Valley Municipal Code Chapter 8.37

‘Downtown Plaza’ and Chapter 8.45 ‘Public Comfort Stations.’

Recommended Action: Introduce Ordinance No. ____ and waive first reading.

Item 7_Downtown Plaza Use Ordinance_151102

Item 7_Communication No. 1_151102

City Manager McCann introduced the item.

Recreation Director Rogers presented the staff report.

Councilmember Moulton-Peters noted that what is being proposed is effectively what

has been the practice of use for the last six years and questioned the number of

complaints received in recent years.

City Council Meeting Minutes

City of Mill Valley

Page 6 of 16

In response, Recreation Director Rogers noted that the City does not typically receive

noise complaints; however, currently staff is permitting events outside of what is allowed

in the Municipal Code and they would like to see greater alignment with the Municipal

Code in how they are operating.

Councilmember McCauley asked where decibel readings are taken from. Ms. Rogers

stated they take measurements from various locations.

Councilmember McCauley said the proposal allows for two organizations to hold

events, the Mill Valley Festival and the annual Wine and Cheese event which are

charged, and he asked if there would be others added. Ms. Rogers said this would fall

under extenuating circumstances and significant community benefit. There is also an

appeal process that did not exist in the past.

City Attorney Stepanicich noted that an additional event could have the Municipal Code

amended and that any unusual events could be reviewed by the City Council.

Councilmember McCauley referred to line 103, the public restroom area issue. He

asked if this is friendly for transgender individuals. Ms. Rogers noted that the terms are

actually correct and she noted it ensures the privacy and safety of both genders while

using the restrooms.

Mayor Wachtel referred to hours of amplified events and hours. He said the proposals

go from 11:00 a.m. to 8:00 p.m. He asked if anyone considered adding 11:00 a.m. to 8:00

p.m. “or sundown, whichever is earlier.” He also asked if the City is concerned with

amplified music. Ms. Rogers responded that the issue has to do with percussions or

drums, and the City was asked to allow 30 minutes of duration.

Mayor Wachtel referred to line 84 to 86 and asked and confirmed that live or recorded

radio music between 8:00 p.m. and 11:00 a.m. is prohibited on the Plaza. Ms. Rogers

stated this is stricter in that previously it stated 7:00 p.m. Mayor Wachtel asked if this

was contradictory, as technically speaking radio music is amplified music.

Mayor Wachtel opened the public comment period.

Pauline Bunton, Helens Lane, noted that the Plaza is a jewel which is uniquely Mill

Valley. She noted that the Plaza is taken over by business interests, special interests and

outside interest. She feels that area is being overused and asked that the Council to go

back to having six events.

Ken Brooks, 15 Bernard, noted that he disagrees with the previous speaker and that the

current proposal is reasonable and understandable.

Barbara Fletcher thanked City staff and said she agrees with the Talkington letter and

thinks compromise is important. She stated she supported an 8:00 p.m. cutoff and that it

be enforceable. She noted that in the summer, sundown is very late. Mayor Wachtel

City Council Meeting Minutes

City of Mill Valley

Page 7 of 16

stated his proposed amendment is for “sundown or whichever is earlier” which Ms.

Fletcher supported and she thanked the Council for listening.

Paula Reynolds, 74 Greenwood, Chamber of Commerce representative, thanked Ms.

Rogers and her team. She supports the Park and Recreation Commission amendments

and thinks the amendments are a healthy balance and said they underscore many years of

public input. She urged the Council to approve proposed limited amendments.

City Clerk Rogers read into the record an eComment from Kathryn Stiles supporting

the Talkington letter submitted by Ms. Fletcher for 8 organized events per year with 1 ½

hours of amplified music per event.

Mayor Wachtel closed the public comments.

In response to Councilmember Moulton-Peters, Ms. Rogers explained that the non-

amplified music has a 30-minute duration. In the previous ordinance it talked about live,

amplified music and staff now clarified this as non-amplified events which would include

anything being amplified and this focuses on the fact that the amplification is the issue

regardless of whether it is live music or not.

City Manager McCann referred to Line 87 which talks about non-amplified music

being restricted for periods longer than 30 minutes. He suggested including a similar

clause at line 84 where playing of live recorded radio music between those hours include

the same 30 minute limitation.

Mayor Wachtel said he thinks this addresses the concern, except that line 84 does not

address it because it states from 8:00 p.m. to 11:00 a.m. City Manager McCann

clarified that staff will reword it to state where it is allowed, it will be for a time not to

exceed 30 minutes.

Vice Mayor Lion suggested defining this in the ordinance, such as areas bounded by

certain streets. City Manager McCann noted that Section 005, line 15 talks about the

purpose of the chapter and defines the Downtown Plaza.

Councilmember Moulton-Peters noted that this is a good point because of ancillary

events that are proximate and have noise impacts. Vice Mayor Lion said an example

could be that the Depot Bookstore holds a jazz event. Mr. McCann stated their lease

talks about uses allowed there for the café, which would be outside and separate from

these regulations. Councilmember Moulton-Peters and Vice Mayor Lions supported

redefining areas of the Plaza and other downtown noise amplification areas.

Vice Mayor Lion referred to line 110 and said it states, “…throw any rubbish of any

kind in any toilet.” He asked that this be broadened to state “…in any toilet or in any

public restroom in the City.”

City Council Meeting Minutes

City of Mill Valley

Page 8 of 16

Councilmember McCauley said he supports the ordinance and believes it should simply

state 8:00 p.m.

Councilmember Sloan concurred.

Mayor Wachtel thanked Ms. Rogers for the work done. He said the Council is

essentially changing law to address what the City actually does which is a good thing and

acting within the scope of the ordinance. He thinks music should not be played after

sundown except on a particular permit and he supported “8:00 pm or sundown,

whichever is sooner.” He supported the radio amplified music addition.

Mayor Wachtel confirmed that the majority of the Council did not want to include “…or

sundown, whichever is sooner”, and supported additional amendments discussed.

City Attorney Stepanicich commented that the definition of the Plaza will need to return

and he suggested the Council direct staff to amend the ordinance with proposed changes

and return the ordinance for the next meeting.

It was MOVED by Vice Mayor Lion and SECONDED by Councilmember McCauley

to continue the matter to the November 15, 2015 City Council meeting with direction

given to staff to amend the ordinance, as discussed. The Motion was carried unanimously

by a 5-0 vote.

8. Discussion and Direction Regarding Possible Amendments to the General Plan

Regarding Traffic Congestion.

Recommended Action: Receive presentation, discuss and provide direction as

appropriate.

Item 8_GP Amendment - Traffic_151102

Item 8 and 9_Communciation No. 1_151102

City Manager McCann introduced the item.

Building and Planning Director Smith presented the staff report.

Vice Mayor Lion referred to Critical Corridors and asked why this is in quotes. Mr.

Smith said he did not think it needed definition and suggested removing the quotes, and

Vice Mayor Lion concurred.

Councilmember McCauley referred to line 161 and intersection level of service. He

asked and confirmed with Mr. Smith that this is that the average of all of movements.

Regarding delay queuing for each turning movement as an additional question, he asked if

there is a technical reason why they would not ask for Level of Service (LOS) by turning

movement. Mr. Smith said they would end up doing that because LOS is the level of

delay and they would find out what each movement is in the course of asking for that

analysis.

City Council Meeting Minutes

City of Mill Valley

Page 9 of 16

Councilmember Moulton-Peters stated improvements were named for 2 CIP projects as

well as the desire not to have driveways next to each other. She asked if this was because

critical corridors have more traffic and therefore deserve more attention and

improvements. Mr. Smith said yes and he said there is also friction. The fewer access

points there are on a roadway, the less friction there is which allows traffic to move at the

pace which one wants it to move. He likened the opposite strategy for downtown

development which is to reintroduce parking that has been taken out of the downtown to

create friction to get cars to slow down which has found to be a successful retail driver.

Mayor Wachtel asked if there is a reason why the Council is seeing this as a General Plan

Amendment rather than just an ordinance. Mr. Smith said the way in which this is crafted

is intended to be consistent and part of a program in the General Plan versus a

development standard. Mayor Wachtel asked and confirmed that it was not the intent or

contemplation by staff to convert Program M.9-10 into an ordinance. City Attorney

Stepanicich noted this is something staff and the Council can think about after the City

Council’s direction.

Mayor Wachtel noted that the Housing Element inventory is based on existing residential

and increases in units. He asked if the amendment applies in the case where a duplex is

enlarged that turns into a 5-plex. Mr. Smith said he would not think it applies because it is

addressing new development and the duplex units already have traffic in the network, but

he confirmed that adding 4 units to 2 units would apply.

Mayor Wachtel asked if this will make it more difficult in this area for the construction

of multi-family housing. Mr. Smith said he did not think it would make it more difficult.

He thinks it will make analysis more complete. Mayor Wachtel suggested it might make

it more expensive for applicants, and Mr. Smith said possibly but they chose 4 units but

that could still require a traffic study and if there are significant negative impacts, the

current language allows the City to not approve the project.

Mayor Wachtel suggested using the word “material” impact versus “significant” impact,

and Mr. Smith said staff debated that word quite a bit. He understood the complexity of

choosing the right word for that statement, but as the planner translates what is being

requested to conclude whether or not from a CEQA perspective there is a substantial un-

mitigatable environmental impact.

Mayor Wachtel voiced concern about traffic impacts from construction that takes place

elsewhere.

Mayor Wachtel asked Mr. Smith if he thinks this might possibly reduce the number of

multi-family units built on Miller and Blithedale Avenues, and Mr. Smith said he did not

think so and he said having the weight of the General Plan will help recognize the need to

pay close attention to traffic impacts.

Mayor Wachtel opened the public comment period and there were no public comments.

City Council Meeting Minutes

City of Mill Valley

Page 10 of 16

Councilmember McCauley stated this item is before the Council because the City

conducted a capacity analysis as part of the Housing Element. The reaction was to

eliminate certain sites to the capacity analysis to say they are not counting properties in the

critical corridors. When that first step occurred, there was no land use laws changed. What

this proposal does is it takes that decision and states that in these specific locations

because of the potential negative impact on traffic, they need a more thorough review of

potential traffic impacts caused by new development in these areas. To him, this gives the

Planning Commission judgment to make findings for four-plexes and it gives planning

some tools to fix issues. He thinks using language that is precise versus more general is

better and the Council has been told there is flexibility in the language proposed which he

supports. He thinks the words “negative impact” achieves what the Council wants and is

better than “significant impact”.

Councilmember McCauley proposed a change and referred to Line 141 which states,

“East Blithedale between Catalpa and US Hwy 101 and Miller Avenue between Park and

El Monte are the City’s main arterials providing access to our city and are considered

critical corridors.” He suggested stating that “those areas are the critical corridors in the

City’s main arteries.” Other than that, he said he was very supportive as it balances

development with traffic problems in town and it provides tools to deal with particular

developments if the Council sees they are problematic.

Councilmember Moulton-Peters said she thinks this is a positive development which

reflects bigger picture thinking of what contributes to traffic. She said the City has not had

this level of detail in criteria to evaluate what is occurring in a given situation. Therefore,

she thinks this is a helpful tool. She also supports the generalized policy language at the

high level allowing the Planning Commission to evaluate it in more detail.

Vice Mayor Lion concurred with both Councilmembers McCauley and Moulton-

Peters. He suggested removing the quotes from critical corridor which implies that it is

something unique that needs to be defined. He also agrees in being clear in what the

Council wants out of the study and agrees with clarifying this with the traffic consultant.

Lastly, he was inclined to use “negative impact” versus “significant impact.”

Councilmember Sloan noted she liked the overall proposal. Traffic is a huge problem

and the City is constantly hearing how a development and traffic are inter-related. She

agrees with Mayor Wachtel on the “significant impact” versus “negative impact” because

otherwise every single proposed development will fall within this definition.

Mayor Wachtel said he understands why this is being proposed, but is a bit unhappy that

the City may lose affordable housing on streets where they are most appropriate and lose

the chance to have multi-family housing because it may very well have a significant

impact on traffic. As a next step he suggested thinking about what they want to do with

large-scale development throughout the City and asked to add “significant” on Line 164,

as an applicant needs to know what is expected of them and if the term “negative impact”

is used, this may imply everything is a negative impact.

City Council Meeting Minutes

City of Mill Valley

Page 11 of 16

Mayor Wachtel confirmed with the City Attorney that the Council action is direction to

staff to take the proposed General Plan amendments through the public hearing process, to

the Planning Commission and then return to the Council.

9. Discussion and Direction Regarding Recommended Changes and Additions to the

Definitions Section of the Zoning Ordinance.

Recommended Action: Receive presentation, discuss and provide direction as

appropriate.

Item 9_Zoning Ordinance Definitions_151102

City Manager McCann introduced the item.

Planning and Building Director Smith presented the staff report.

Councilmember McCauley referred to line 113 and 117 which refers to cost limitations.

He asked if this is needed, given that by removing major and minor the cost component

was removed from the ordinance. Mr. Smith confirmed this language does not need to be

there.

Councilmember McCauley referred to the definition of basement and stated at one point

there was discussion that if basements were over 300 square feet, they would be counted

given the intensity of development question. Mayor Wachtel stated the City Council

voted against that limitation, and Mr. Smith stated it was not proposed in the language

but was debated by the Planning Commission. They concluded that based on past actions

from the City Council and given the current proposed language, the language was good.

Additionally, there are other design guidelines and standards available.

Councilmember McCauley said the Council and staff talked about the understory ‘catch

22’ and asked for its status. Mr. Smith said that issue is one of the things to tackle next.

Councilmember McCauley referred back to the detail questions and said garage means

“an enclosed structure on all four sides.” He noted an appeal was seen recently of a

structure that did not have a front door on it, and he confirmed this was deemed a

“carport.” Mr. Smith said staff felt that to define a garage, it needed to be called

something and a carport has an open side to it and a garage is a room for a car.

Councilmember McCauley provided some specific examples of how the ordinance

relates and will ask how staff feels about these: 1) he has a home and garage totals such

that he did not need his 500 s.f. bonus to create the garage. In addition, he has a long

driveway where he can get two cars off of the street. He asked if the ordinance as it is

currently written would apply in this situation and state that he cannot use his garage for

anything other than parking cars. Mr. Smith said this is correct, as the ordinance is

written. 2) He has the same story except for the fact that he needs the 500 square feet for

his garage, and Mr. Smith said this is the same answer. 3) He asked if staff considered

the question of grandfathering. Currently, one must get two cars off of the street. Then

there was a garage that was not defined, and now they are applying the definition to a

City Council Meeting Minutes

City of Mill Valley

Page 12 of 16

garage that may surprise and take something from people. He asked if the legal question

has been considered that by changing that definition, they are doing something to the

existing situation that would be a problem. Mr. Smith said they did consider it, but

possibly not in the light of the full legality of it. He thinks the Commission is

recommending this language understanding it could be uncomfortable for certain

properties in town.

Vice Mayor Lion asked why “involuntary” demolition is being included. Mr. Smith said

this is a concept carrying over from the existing code and it also means there would be an

opportunity for a variance. If more than half the house is gone, the whole house must be

removed and start over. The foundation must be removed but this is today’s threshold

that they are carrying through as a way to address non-conformance.

Vice Mayor Lion referred to page 5, Attachment 1, Line 11, and he said it states

“demolition does not include deterioration by dry rot.” He questioned the thought process

and asked and confirmed with Mr. Smith that this would be considered inadequate

maintenance and the definition does not have a value associated with it. Mr. Smith said

one would hope dry rot or termite damage would be caught before 50% of a house is

gone.

Vice Mayor Lion questioned garages and he confirmed that garages cannot be habitable

space and must be less than 10% use for storage, which applies to existing garages.

Councilmember Sloan clarified that the first 500 square feet of garages are exempt from

FAR. If she built a 1,000 square foot house and 500 square feet is a garage, she cannot

use it as living space and would need to obtain approval.

Councilmember Moulton-Peters asked if basements count towards FAR, and Mayor

Wachtel stated currently they do not and Mr. Smith stated there is no proposal to change

that.

Mayor Wachtel said the last time the Planning Commission discussed garages, the

Sycamore neighborhood was upset, and he asked if this idea has been fully

communicated to that neighborhood. Mr. Smith responded not yet.

Mayor Wachtel discussed application of the proposed non-conforming regulations and

asked if the old definition for demolition is the new definition for major remodel. Mr.

Smith said there is no definition for demolition. Mayor Wachtel referred to page 13, line

22 to 24, he asked and confirmed that the proposal made was that ‘demolition’ means

either 50%....” does not exist. Mr. Smith noted just Attachment 1 for “definition” is all

the Planning Commission is proposing.

Mayor Wachtel opened the public comment period.

Planning Commissioner Ricardo Capretta noted that this is an attempt to just correct

definitions and deal with more tangible development standards such as FAR, basement

City Council Meeting Minutes

City of Mill Valley

Page 13 of 16

sizes, etc. On the Commission’s work plan is a secondary item later in the year. He said

in this effort they wanted to deal with some of the most basic things of how they govern

and to create more simplicity for applicants, staff and the Planning Commission in

processing design review applications. Secondly, he noted that Marin County has a

definition for parking structures and include a garage, a carport or car deck, all of which

are common in Mill Valley. Their strict definition for garage is for parking of

automobiles or similar. It does not talk about storage or other things. Garages are

approved at design review for non-habitable purposes. Therefore, all garages approved in

the past have clearly been approved not for habitable purposes and they are not changing

what has been done. What they are doing is adding a definition where one does not

currently exist. He noted that all of these items relate to actual design review applications

where they have experienced an issue or loophole. The reason “involuntary” and

“voluntary” occurred was because they have had applications where there has been

voluntary demolition and it was over allowable square footage. Therefore, they could

define situations where both would be beneficial and it would be helpful for staff and the

Planning Commission to review that and provide language and concrete examples of how

those could apply. He thinks having those distinctions is important.

Vice Mayor Lion stated he understands where Commissioner Capretta is coming from

and thinks the definition of garage should be applied moving forward especially in areas

where FAR is expanded 500 feet to allow the garage, which is an area that needs

enforcement as opposed to turning into another second unit or other space. He said he

was hesitant to say it should apply to existing garages and the question is how

enforcement will operate. He said the only other concern of his was “voluntary” versus

“involuntary” and said he understands the reason for it and he was not sure things like dry

rot or termites should be considered “voluntary.” He suggested these types of occurrences

should be changed to “involuntary” items.

Councilmember McCauley referred to enforcement and said he thinks the biggest issue

is the ability to report anonymously, regardless of an email being sent which is

considered a public record.

Regarding basements, Councilmember McCauley said the Council saw some appeals

involving benched land which was deemed as a basement because it was “free.” This was

not anyone’s intention when it was written and he supported a basement as being

something as simple as having 4 sides and dirt on it.

Regarding garages, Councilmember McCauley applauded the Planning Commission for

bringing the topic forward. It is complicated which will take more thought and a great

amount of public outreach because of the diversity of people parking on streets in their

neighborhoods. He said the grandfathering question is a legal question and whether

someone can argue that the City did not define a garage. He thinks one could have a

habitable use and non-habitable use, and a garage can be used for storage or car space.

Separately, it has been very clear in the code that two cars off of the street must be in

place. He was unsure how the City would address two cars on the street and a garage full

of storage which needs to be understood better.

City Council Meeting Minutes

City of Mill Valley

Page 14 of 16

Councilmember Sloan said she is struggling with telling people they can only use 10%

of their garage for storage. As long as their vehicles are off-street, she did not want to tell

people what they can and cannot use their garages for. She also does not want to set up a

situation where people are able to anonymously report others who use their garages for

other things.

Councilmember Moulton-Peters asked if Councilmember McCauley was suggesting

that garages have other components and therefore not include it in the definitions they are

approving tonight or to work through the component parts. Councilmember McCauley

said he believes that if they were to proceed with an ordinance, the Planning Commission

needs to think of all of the various parts of how a garage could be used and how it all

works and conduct public outreach.

Councilmember Moulton-Peters said she remembers talking about greater specificity

and clarity in the City’s terms and processes which she supports as it creates better

expectations. She applauded the Planning Commission for its work on definitions,

clarifications and setting expectations and predictability. She agrees that the garage issue

is one that either needs a phased in approach or other components considered. She thinks

the intent is correct that there are too many cars choking the streets and she supported

definitions presented and additional work by the Planning Commission to explore issues

which Councilmember McCauley raised.

Mayor Wachtel said he was fine with the basement issue. Regarding

voluntary/involuntary demolition, he said if they are not used differently, he asked not to

make two definitions. He said existing finished grade was fine, as well as major/minor

remodel, and he did not think there was such a thing as a loophole. It is merely people

interpreting ordinances that the City passes. Lastly, regarding the garage, he asked when

the City will stop getting into people’s houses and telling them how to live their life. He

said the City should not encourage people to spy on their neighbors.

Mr. Capretta touched on the garage item, stating the Planning Commission needs to

study more “what-if” situations. He noted that Mill Valley is already enforcing garage

use, and he said a garage is given as an exemption and a defined term for storage of cars.

Mayor Wachtel said his point is that there is no definition of garage and the City would

be telling people to change the terms in which he, for instance, received approval for his

garage. Mr. Capretta said garages are going to be used for storing things like autos,

bikes, boxes, etc., but even without a defined term it is not meant to be a habitable space

and people have received a free exemption of space in exchange for a space that was

hopefully going to be used to store their cars. He said it is rare not to have a definition for

garage and when residents sell their homes, if the garage space is not legal, it must be

converted back.

City Council Meeting Minutes

City of Mill Valley

Page 15 of 16

Councilmember Moulton-Peters said three Councilmembers agree this needs to be

looked at more closely, that they do not agree with taking on the definition and for the

record, they are all interested in working this through.

Mr. Capretta concurred that the discussion tonight has been useful. He thanked the

Council for the feedback and the ability to discuss these concepts.

COUNCIL LIAISON REPORTS An opportunity for Councilmembers to report on activities of the local and regional governmental bodies upon

which they serve.

Councilmember Moulton-Peters reported that TAM approved the Regional Transportation

Plan.

She also reported that TAM approved funding for bike lane improvements in unincorporated

Mill Valley. One improvement approved is the northern end of the Mill Valley/Sausalito multi-

use path. They approved $240,000 which will provide some better connections.

Councilmember McCauley said the Council was exploring the idea of getting the piece of

property SASM is using improved and asked if this is a spot for consideration. Councilmember

Mouton-Peters said this is the other critical connection that should be considered when repaving

is done and was not sure which year it would occur. Secondly, she referred to bike lanes on

Shoreline Highway through El Monte was approved for funding. It would also provide a

sidewalk on the Walgreens’ side and additional improvements which gets kids to Tam Junction

to the middle school.

Vice Mayor Lion reported that last Wednesday he attended the MTC meeting to deliver the

Council’s letter asking that they extend ABAG funding through next June, that they establish a

subcommittee of the two organizations, and to hire an independent third-party consultant, and

they approved it all. She said they reached a conclusion of what MTC was going to do and

indicated they will hire an independent consultant and set up a committee; however, they

included their original proposal to take planning responsibility out of ABAG. At the end of the

meeting, they left a sentence that stated, “Notwithstanding paragraphs 1-10 of the attachment

which is their original plan in the event ABAG and MTC approve the merge implementation

plan prior to July 1, 2016 each in its own sole discretion and by formal resolution, the functional

consolidation of the planning department shall be pre-empted and the actions outlined and

principles 2-10 shall be void.” This implies that if they both do not agree by the end of July 1,

2016, they will try and move away planning functions. He also noted that Ray Worthy and Pat

Eklund discussed the ABAG governance issues where cities should have actual representation

and votes.

Mayor Wachtel reported they had presentations from Marin Transit District’s Robert Betts and

the Tiburon Police Chief regarding their experience with the School Bus Challenge which was a

wonderful presentation. The City will be looking to them to determine how Mill Valley might

consider it.

City Council Meeting Minutes

City of Mill Valley

Page 16 of 16

COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

Councilmember Moulton-Peters said last week there was a story in the IJ regarding Mill

Valley pensions. She asked someone to look into the reports that Joe Nation was putting together

and commented that there are various numerators and denominators one can use. Nation’s report

looked at a certain way of doing this, but if using what Mill Valley’s unfunded pension liability

is compared to its total revenues or payroll, Mill Valley comes out much better than they do on

those cited in the IJ article. Councilmember McCauley said he was equally as puzzled and he

was surprised by the numbers quoted.

Councilmember Sloan asked for a Council shared calendar for relevant events and activity

announcements and information.

Mayor Wachtel suggested that since there will be Councilmembers who have not served as

Planning Commissioners to obtain information and education on process through staff reports,

how the Planning Commission makes findings, and suggested watching webcasts to understand

how matters go through the process and either get approved or get appealed.

ADJOURNMENT: The Council adjourned at 11:58 p.m. to the next Regular City Council

meeting will be held on Monday, November 16, 2015.

Approved and adopted by the City Council

of the City of Mill Valley on January 19,

2016.

___________________________

John McCauley, Mayor

ATTEST:

_________________________________________

Kelsey Rogers, City Clerk/Administrative Analyst