Council: Proposed Depot Plaza Rules Lack Meat

Asked to that have been largely ignored in recent years, the Mill Valley City Council on Tuesday night took a look at the proposed changes governing the use of the and decided that the idea was half baked.

City officials governing the types of events that can be held in the plaza, which was turned into a public gathering space in 1982 after years as a bus station and parking lot. The council sought to find ways to encourage events that spur the downtown economy without disturbing the neighborhoods on the perimeter.

"We’re a small town with a plaza in the middle of a valley – it’s a balancing act," Councilmember Stephanie Moulton-Peters said.

The council  (staff report at right) Tuesday night, including eliminating limits on the number of people that can attend an event at the Depot Plaza and on the number of events featuring amplified music that can be held each year.

But while the five councilmembers appeared to agree on eliminating or raising those limits, they decided that while the authority to approve events should remain in the hands of the Parks and Recreation Commission, criteria had to be established for the commission to make those decisions.

“Where do you draw the line and how do you draw the line?” Vice Mayor Andy Berman said. “I was expecting more meat in the rules and regulations and I’m not seeing it. Tell me how we’re going to judge those things.”

The council directed interim Parks and Recreation Director Stuart Kesler and his staff to comb through event applications from the past two years and develop criteria based on the successful (Art Commission like Paint Off and Comedy Night) and unsuccessful (proposals for farmers markets) Depot Plaza event applications during that period.

There are a number of recurring events on the plaza each year, including popular events like the , which is by far the most heavily attended plaza event of the year, annually serving as the biggest fundraiser for the . In addition, the annual event, which and proved a successful, , has been one of the largest plaza events.

The commission hasn’t exactly abided by the rules governing those events. For example, while there can be no more than six events featuring amplified music per year, eight events featuring amplified music were held on the plaza in 2011, with nine in 2010 and seven in 2009.

The most glaring restriction is a limit of 50 participants in a plaza event, despite the fact that the wine and gourmet food event and Winterfest have each drawn hundreds in recent years.

“Parks and rec has basically disregarded the ordinance,” Councilmember Ken Wachtel said.

The proposal also includes expanding the time slot for amplified events to 11 a.m. to 8 p.m., but the council seemed interested in paring that back to sunset.

“And what happens if Huey (Lewis) shows up late and there are encores?” asked Miller Ave. resident Paul Peacock. “Who enforces that?”

The council also delved into some of the non-event-specific rules governing the plaza, such as a 30-minute limit on unamplified music. Councilmembers said such rules should apply to percussion but not less invasive uses.

“I don’t know that I mind if some guy was playing “Puff the Magic Dragon” for more than 30 minutes,” Councilmember Ken Wachtel said.

Those rules, as well as those that ban “active sports” like bicycling and roller skating, would only be used as justification for police enforcement if there were specific complaints, Kesler said.

“We’re not going to go after tricycles and training wheel bicycles but it’s just there so that the police department has a basis to respond to a complaint,” Kesler said.

The council will revisit the issue at a later date.