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City of Mill Valley
Resident files Petition For Injunctive Relief against Mill Valley City Manager Jim McCann
Mill Valley resident and former planning commissioner, Victoria Talkington, has filed a Petition for Injunctive Relief in Marin Superior County, against City Manager Jim McCann. The suit alleges that the City, under the management of Jim McCann, has failed in their fiduciary duty to protect and preserve the City's extensive network of steps, lanes and paths ("SLPs").
Talkington, a lawyer by training, is considered the local expert on the subject of Mill Valley's intricate system of pedestrian steps, lanes and paths that crisscross the community. As Herald writer Ryan White pointed out, "The paths leading up and down the mountain were built as a faster, more direct route for residents to get around town."
In 2010, Talkington was named "Citizen of the Year" by the Mill Valley Chamber of Commerce for her efforts to preserve and rehabilitate the steps and pathway system. In an article published in the Mill Valley Herald that year, the writer noted that
Victoria Talkington has devoted more hours of her life to researching, scouting, planning, digging, organizing, rallying and improving Mill Valley’s steps, lanes and paths than most residents will spend in a lifetime of walking them.
Mill Valley City Council member, Stephanie Moulton Peters, commented at the time, “She has single-handedly resurrected this amazing piece of Mill Valley city history.” In fact, the Council was so grateful for Talkington's work that they named a set of steps (SLP 6) after her, in her honor. Talkington also received a special award from the California Parks Department.
However, seeing that her years of work and dedication were being threatened by the City's neglect and mismangement, Talkington felt she had no other choice than to file her petition. In her claim against McCann, Talkington's attorneys, Mark A. Chavez and Nance F. Becker, note:
SLPs are vital public assets, and they fulfill critical community functions. They provide emergency evacuation routes in the event of nature disasters, allow children to safely walk to school, facilitate pedestrian and bicycle transportation to reduce traffic congestion, and connect residents to City parks, trails in Open Space and other public lands of Mt. Tamalpais and beyond. The most famous of these SLPs comprise the first three stairways of the Dipsea Steps.
The Petitioner goes on to say that
City officials cannot lawfully transfer or relinquish ownership of City property, including SLPs, to private citizens without complying with elaborate legal procedures intended to protect the general public, including public notice, an opportunity for the City’s residents to be heard, consideration of the City’s General Plan, and a formal resolution approved by a vote of the City Council. Nor can they abandon City property to private interests without securing a public benefit or other adequate consideration.
and
In recent years the City has failed to fulfill its public trust responsibility of protecting and preserving the City’s SLPs. Instead, it has allowed private property owners to occupy and exercise control over public property and exclude the citizens of the City from SLPs.
The suit further alleges that the City has allowed the "wasting" of these public assets, allowed private parties to block public access to SLPs, allowed residents to convert them for private use, and generally failed to ensure that they remain safe and fully accessible evacuation routes.
In her request for relief, Talkington asks the court to
Find and declare that Defendant has wasted City property and failed to fulfill his legal obligations as set forth above;
(b) Issue an injunction ordering Defendant to take all steps necessary to ensure that the City’s SLPs remain unobstructed and open to the public, and to protect, restore and maintain all of the SLPs identified in the SLP Map;
(c) Retain jurisdiction over this case until Defendant has fully and completely complied with the orders of this Court, and there is reasonable assurance that he and his successors will continue to do so;
The historic steps, lanes and paths of Mill Valley continue to enrich the experience of the community and provide residents of Mill Valley and visitors alike with a practical alternative to driving. They also serve as an important reminder of how precious and important our connection to the natural environment is, in our daily lives.