201
Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 2/8/2022 Item #: 7.
FROM:
Elise Semonian, Planning Director
SUBJECT:
Consider adoption of a temporary moratorium on new or expanded gas station uses in San Anselmo until the Town Council considers potential revisions to existing regulations for new and expanded gas stations.
RECOMMENDATION
Adopt the attached proposed interim urgency ordinance for a temporary moratorium on new or expanded gas station uses. (Attachment 1).
BACKGROUND
On December 14, 2021, the Town Council received a presentation from Hayley Ballard, Youth Commissioner for the Climate Action Commission, regarding the Climate Action Commission’s recommendations to reduce greenhouse gas emissions from transportation. Transportation emissions make up 55% of community emissions. The recommendations included: 1.) warning labels on gas pumps; 2.) amendments to zoning to prohibit new or expanded gasoline/fueling stations; and 3.) a town vehicle fleet procurement policy. On January 11, 2022, the Town Council unanimously agreed to consider these items. Councilmembers Colbert, Greene and Fineman requested the items to be fully vetted by staff and the Sustainability Commission prior to being considered by the Town Council.
On January 5, 2022, staff received an inquiry from Andy's BP, Inc. gas station at 750 Sir Francis Drake Boulevard to add two gasoline fuel dispensers to the site. The station submitted an incomplete application on January 10, 2022.
Gas stations are a conditionally permitted use in the C-L Limited Commercial zoning district (the commercial area between The Hub and Red Hill Shopping Center) and the C-3 General Commercial zoning district (the commercial areas south and east of The Hub, excluding the historic downtown).
There are currently three gas stations in the town:
Gas & Shop, 750 Sir Francis Drake (8 pumps)
76/Circle K, 930 Sir Francis Drake (8 pumps)
Fara’s Auto, 98 Sir Francis Drake (4 pumps)
The Town has had many other gas stations since the 1920s and the sites make up the majority of the Leaking Underground Storage Tank (LUST) sites in the Town (see list, Attachment 2). LUST Cleanup Sites are those locations that have had a leak or spill of a hazardous substance, usually fuel hydrocarbons, and are being (or Town of San Anselmo Page 1 of 3 Printed on 2/3/2022
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TO: Town Council 2/8/2022 Item #: 7.
have been) cleaned up. Leaking underground fuel tanks can contaminate soil, groundwater, surface water or affect indoor air space.
DISCUSSION
Staff is recommending that the Town Council consider an interim urgency ordinance pursuant to Section 65858 of the California Government Code to prohibit approval of any new gas station or expanded gas station uses, as they may conflict with the zoning proposal that the Town Council intends to study. The proposed ordinance would prohibit the approval of any new or expanded gas station uses in the Town for an initial period of 45-days. This would provide time to consider potential impacts of new and expanded gas stations and options for regulating them. Staff notified Town gas station business license holders of the Town Council hearing by email and notice was also published in the Marin Independent Journal.
A 4/5 vote of the Town Council is required to adopt the attached ordinance as an urgency item. The ordinance may be extended for up to an additional ten months and 15 days following a noticed public hearing within the next 45 days. Prior to the expiration of the initial extension, the ordinance may be extended a final time for up to an additional 12 months, for a total potential duration of 2 years.
State law requires the Town Council to find that “there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.” The required findings are set forth in the proposed ordinance.
Staff would continue to process any pending gas station applications. However, no action would be taken on the applications until the interim ordinance is repealed/any new regulations are in effect, or the interim ordinance expires.
FISCAL IMPACT
In fiscal year 2021, the Town received $122,744 from Fuel and Service Sales from Sales Tax and $62,945 from Measure D Sales Tax. The proposed moratorium on new or expanded fueling stations would have no impact on existing revenue but would preclude the Town from generating any additional tax revenue from additional sales associated with new pumps.
GENERAL PLAN CONSISTENCY
The Town General plan has no policies specific to gas stations. The proposed ordinance does not conflict with any policy in the General Plan. The proposal is consistent with General Plan Land Use Objective 4 to “Maintain the existing size and intensity of commercial businesses in the Town.”
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Approximately 55% of the Town’s greenhouse gas (GHG) emissions come from transportation. On June 11, 2019, the Town Council adopted the Climate Action Plan with a goal for the Town to reduce GHG emissions by Town of San Anselmo Page 2 of 3 Printed on 2/3/2022
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54% by 2030 (from a 2005 baseline) and to be carbon neutral by 2045. On February 11, 2020, the Town Council adopted Resolution 4325 declaring a climate emergency. The proposed ordinance is intended to reduce greenhouse gas emissions and is consistent with the Climate Action Plan.
The proposed interim urgency ordinance is not a “project” under the California Environmental Quality Act (CEQA), because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
If the ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with CEQA Guidelines Sections 15307 and 15308 because it constitutes action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and protection of the environment.
CONCLUSION
Staff respectfully requests that the Town Council adopt the attached interim urgency ordinance.
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Item 7 – Attachment 1
Item 7 – Attachment 1 1
URGENCY ORDINANCE NO.
AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SAN
ANSELMO ENACTING A TEMPORARY MORATORIUM ON APPROVAL OF
APPLICATIONS FOR NEW AND EXPANDED GAS SERVICE STATION USES IN
THE TOWN OF SAN ANSELMO
WHEREAS, Pursuant to the California Constitution and State Government Code, the Town of San Anselmo (“Town”) may make and enforce all regulations and ordinances using its police powers to regulate municipal affairs and may enact ordinances for the preservation of the public peace, health, or safety; and
WHEREAS, California Government Code Section 65858 provides that the Town Council may, to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan or zoning proposal that the Council, the Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the Council; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum to two times and have a maximum total duration of two years; and
WHEREAS, 55% of the San Anselmo community Greenhouse Gas (“GHG”) Emissions are from the transportation sector, mostly from passenger cars; and WHEREAS, the Town adopted a Climate Action Plan (initially in 2011, last updated 2019) with a goal for the Town to reduce greenhouse gas emissions by 54% by 2030 (from a 2005 baseline) and to be carbon neutral by 2045, and declared a Climate Emergency on February 11, 2020; and WHEREAS the Town has identified goals to reduce GHG emissions from the transportation sector through a variety of means, including expansion of electric vehicle charging infrastructure, and promotion of low-carbon fuels; and
WHEREAS, in 2019, the Town took steps to lower GHG emissions from transportation through adopting an amendment to the General Plan Circulation Element to support transportation improvements and emerging vehicle technology that help reduce greenhouse gas emissions and an Electric Vehicle strategy; and
WHEREAS, at its January 11, 2022, meeting, the Town Council agreed to discuss various measures to decarbonize the Town’s transportation sector, including limitations on further development and expansion of service station uses, as defined by section 10-3.1702 of the San Anselmo Municipal Code; and
WHEREAS, on January 4, 2022, the Town received an application for additional gas pumps at an existing service station; and
WHEREAS, vehicle technology is rapidly evolving such that reliance on gas is steadily declining and state policy is changing to discourage the use of fossil fuels in the transportation sector; and 205
Item 7 – Attachment 1
Item 7 – Attachment 1 2
WHEREAS, for example, on September 23, 2020, Governor Newsom issued Execute Order N79-20 to require that, by 2035, all new cars and passenger trucks sold in California be zero - emission vehicles and to direct the state to take more actions to address oil extraction and move the state further away from its reliance on climate change -causing fossil fuels; and WHEREAS, as a result of these technological and policy changes, the declining demand for gasoline may increase competition amongst existing service stations in Town such that closures may occur over time; and
WHEREAS, gasoline stations have the potential to leak hazardous substances that contaminate soil, groundwater, surface water and affect indoor air space and four Town gas station sites are listed on the State of California Water Board’s Leaking Underground Storage Tank (LUST) data management system as sites that impact, or have the potential to impact, water quality in the Town; and
WHEREAS, the Town of San Anselmo is predominantly a residential community and any gas station in the Town will be located close to where people live or work, or where housing is proposed, and exposure to gas station emissions may lead to adverse health impacts for people nearby, including cancer, from pollutants including benzene, toluene, ethyl-benzene, xylenes, naphthalene, propylene, and n-Hexane; and
WHEREAS, due to their propensity to become brownfield sites, service stations require remediation for potential ground contamination prior to redevelopment and closed service station sites may be abandoned and left unused for long periods of time and the removal of contaminants may present health risks for neighboring communities and sensitive receptors, which could result in blight and dangerous conditions throughout the Town, threatening public health, safety and welfare; and
WHEREAS, the Town Council finds and determines that there is an immediate threat to the public health, safety, or welfare, that could result from new or expanded gas service station uses within the Town, through negative impacts that include, but are not limited to contaminant exposure, health risks, soil, groundwater and surface water contamination and potential blight in and around the site in the future; and
WHEREAS, the Town Council finds that time provided by this moratorium will allow for a comprehensive analysis on how to manage and reduce the impacts of new and/or expanded service stations in Town; including the potential impacts on the public health and welfare, impacts on public safety related to the provision of public safety to service stations, and potential for blight in connection with the declining demand for gas; and WHEREAS, these studies will help the Council and Town' s Planning Department determine how best to prevent impacts to public health, safety and welfare, and evaluate the General Plan and Zoning Code and develop appropriate regulations to achieve positive outcomes for the Town's residents, business community, property owners, developers and the environment. 206
Item 7 – Attachment 1
Item 7 – Attachment 1 3
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO hereby ordains as follows:
SECTION 1. Findings
a. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
b. There exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to prevent the approval of new and/or expanded service stations in the Town of San Anselmo. c. The urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety because an expanded or new service station would negatively impact the public welfare and potentially, the unique quality and character of the Town and a moratorium will prevent negative impacts that include, but are not limited to contaminant exposure, health risks, soil, groundwater and surface water ground contamination and potential blight in and around the site in the future.
d. Based on the recent changes in technology, state policy and the Town’s commitment to addressing the climate emergency, there is a need for the Town to prohibit approval of new or expanded service stations, which may be in conflict with a contemplated general plan or zoning proposal that the Town Council, Planning Commission or the Planning Department intends to study within a reasonable time.
SECTION 2. Environmental Review.
The Town Council hereby finds that adoption of a temporary moratorium on new or expanded service station uses is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065). If the ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with Sections 15307 and 15308 because it constitutes action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and protection of the environment.
SECTION 3. Declaration of Threat to Public Health, Safety, and Welfare Necessitating Urgency Ordinance.
The Town Council of the Town of San Anselmo hereby finds and declares that there is a current and immediate threat to the public health, safety and welfare and a need for the immediate preservation of the public health and safety that warrants this urgency ordinance, based upon the facts, findings, and declarations stated in the findings of this Ordinance.
SECTION 4. Establishing a Temporary Moratorium on New or Expanded Gas Service Station Uses.
A. A temporary moratorium on approval of permits and entitlements for service station 207
Item 7 – Attachment 1
Item 7 – Attachment 1 4
development and/or expansion shall become effective upon its adoption by 4/5 vote of the Town Council.
B. Nothing contained in this Interim Urgency Ordinance shall preclude the improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law and does not result in an increase to the number of gas pumping or storage facilities.
C. Special Conditional Use Permit.
1. Notwithstanding any other provision of this Interim Urgency Ordinance, the Town may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to this Interim Urgency Ordinance, if the Town Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of their land unless the property owner is allowed to develop or use the property for a service station, or that the law of California or of the United States otherwise requires the Town to approve an application for a permit or an entitlement for the development or use.
2. The special conditional use permit provided by the Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with the Municipal Code, except that the Town Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
SECTION 6. Effective Date. This is an Interim Urgency Ordinance enacted under California Government Code 65858 and it will take effect immediately upon adoption by a four-fifths (4/5) vote of the Town Council. This Ordinance shall remain in effect for 45 days, unless the Town Council extends the ordinance as permitted by state law. (Cal. Gov't Code § 65858 (a).
Within fifteen days after the passage of this Ordinance, the Town Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those Town Councilmembers voting for or against it in a newspaper of general circulation in the Town of San Anselmo, as required by law.
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Item 7 – Attachment 1
Item 7 – Attachment 1 5
THE FOREGOING INTERIM URGENCY ORDINANCE was introduced and adopted at a regular meeting of the San Anselmo Town Council on February 8, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Alexis Fineman, Mayor of Town of San
Anselmo
Carla Kacmar, Town Clerk
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List of current (yellow) and former gas stations in San Anselmo Item 7 – Attachment 2 Link to
Cleanup
Report
Link to
Site
Location Name of Facility Type Status Address
[REPORT] [MAP] GUASCO MARKET LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 100 CENTER BLVD/613 SIR FRANCIS DRAKE [REPORT] [MAP] SAN ANSELMO AUTO REPAIR LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 100 SIR FRANCIS DRAKE BLVD [REPORT] [MAP] CHEVRON LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 101 RED HILL AVE [REPORT] [MAP] PERRY PROPERTY LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 130 SIR FRANCIS DRAKE BLVD [REPORT] [MAP] MOBIL LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 1535 SIR FRANCIS DRAKE BLVD STANDARD OIL 160 SIR FRANCIS DRAKE BLVD.
[REPORT] [MAP] ONGARO PLUMBING LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 243 SAN ANSELMO AVE 305 SAN ANSELMO AVENUE
[REPORT] [MAP] MR TREES FORMER LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 343 SAN ANSELMO AVE [REPORT] [MAP] MAOLI CONSOLIDATED ENTERPRISES LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 400 RED HILL AVE 590‐634 SAN ANSLEMO AVENUE
604 SIR FRANCIS DRAKE
606 SIR FRANCIS DRAKE
[REPORT] [MAP] MOBIL UNOCAL LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 631 SIR FRANCIS DRAKE BLVD [REPORT] [MAP] TOWNSEND & TOWNSEND PROPERTY LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 640 SIR FRANCIS DRAKE BLVD[REPORT] [MAP] FORMER CHEVRON LUST CLEANUP SITE OPEN ‐ SITE ASSESSMENT 700/750 SIR FRANCIS DRAKE BLVD [MAP] SAN ANSELMO GAS & SHOP
PERMITTED
UNDERGROUNDSTORAGE TANK
(UST)
750 SIR FRANCIS DRAKE BOULEVARD
805 SIR FRANCIS DRAKE
830 SIR FRANCIS DRAKE
[REPORT] [MAP] TOSCO ‐ FACILITY #5491 LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 930 SIR FRANCIS DRAKE BLVD [REPORT] [MAP] UNOCAL LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 930 SIR FRANCIS DRAKE BLVD.
Item 7 – Attachment 21
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List of current (yellow) and former gas stations in San Anselmo Item 7 – Attachment 2 Link to
Cleanup
Report
Link to
Site
Location Name of Facility Type Status Address
[MAP] REDHILL CONVENIENCE & FUEL
PERMITTED
UNDERGROUNDSTORAGE TANK
(UST)
930 SIR FRANCIS DRAKE BOULEVARD
[REPORT] [MAP] REDWOOD GAS/FARA'S AUTO LUST CLEANUP SITE COMPLETED ‐ CASE CLOSED 98 SIR FRANCIS DRAKE BLVD [MAP] FARA'S AUTO
PERMITTEDUNDERGROUNDSTORAGE TANK
(UST)
98 SIR FRANCIS DRAKE BOULEVARD
SHELL OIL GREENFIELD AND MIRACLE MILE
SHELL OIL SEQUOIA AND RED HILL
Item 7 – Attachment 22
211
State of California
GOVERNMENT CODE
Section 65858
65858. (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days. (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a significant component of multifamily housing may not be extended except upon written findings adopted by the legislative body, supported by substantial evidence on the record, that all of the following conditions exist:
(1) The continued approval of the development of multifamily housing projects would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Item 7 - Attachment 3 Item 7 - Attachment 3 1
212
(2) The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance. (d) Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section.
(f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance.
(g) For purposes of this section, “development of multifamily housing projects” does not include the demolition, conversion, redevelopment, or rehabilitation of multifamily housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or that will result in an increase in the price or reduction of the number of affordable units in a multifamily housing project.
(h) For purposes of this section, “projects with a significant component of multifamily housing” means projects in which multifamily housing consists of at least one-third of the total square footage of the project.
(Amended by Stats. 2001, Ch. 939, Sec. 1. Effective January 1, 2002.) Item 7 - Attachment 3 Item 7 - Attachment 3 2
213
Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 2/8/2022 Item #: 8.
FROM:
Scott Schneider, Assistant Public Works Director
SUBJECT:
2022 Slurry Seal project
RECOMMENDATION
That Council approve the 2022 Slurry Seal project and authorize the advertising for bids
BACKGROUND
In August 2019, the Town Council approved the 5-Year Capital Improvement Program (CIP) that included a preventative maintenance component. Preventative maintenance includes crack sealing and slurry sealing that is performed on a street or road that is in good condition to extend the life of the pavement. The Pavement Condition Index (PCI) is a rating from 1 to 100 that is based on an inspection of a road for several pavement distresses. Slurry seal is typically applied to streets with a PCI between 70 and 90.
Slurry seal typically costs about 1/10 of the cost to repave a street. Ideally, a newly paved street will be slurry sealed every 5 to 7 years (up to three times), then allowed to deteriorate to a PCI of 55 or 65, followed by a thin pavement overlay. Without a sufficient budget, most agencies don’t have the luxury of repaving a street with a 65 PCI when portions of the network are in much worse condition. One of the best ways to increase the ‘bang for the buck’ of a pavement network is to inexpensively slurry seal the streets in good condition to increase their life, while simultaneously focusing on fixing the more expensive streets with pavement overlays or reconstruction.
DISCUSSION
The 2021 Slurry Seal project included 16 streets and was bid in July 2021. The Town received three bids, with all three significantly above the engineer’s estimate. The striping portion of the project was much higher than previous bids primarily due to scarcity of raw materials (thermoplastic) caused by Covid supply and demand issues. All bids were rejected and the project was re-scoped to include several streets planned for 2022 slurry sealing. It is anticipated that the striping costs have come down from the summer/fall 2021 high point as supply chain issues have been improved, however, the new engineer’s estimate reflects higher expected material costs for both slurry seal and striping due to inflation.
The 2022 Slurry Seal project (see Map, Attachment 1), includes the residential streets from the 2021 project, along with Sir Francis Drake Boulevard section from San Anselmo Avenue to Saunders Avenue. In addition, Red Hill Avenue and Butterfield Road have been added to the project. PCIs range generally from the mid-60s to the 90s. Several sections have a PCI below 60, and either have been improved due to a utility project (Rosemont Avenue and Butterfield Road) or have received pavement repairs (dig-outs) prior to the slurry project (Sir Francis Drake Boulevard).
Ross Avenue is on the School Bike Spine route, and will be slurry sealed prior to the installation of the green-backed sharrows. Where possible, existing standard crosswalks will be replaced with Continental style crosswalks to improve Town of San Anselmo Page 1 of 3 Printed on 2/3/2022
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TO: Town Council 2/8/2022 Item #: 8.
pedestrian safety.
The project will be bid throughout February and March, with bids opened on March 17. Construction should start in April/May as weather allows. With 45 working days, it is expected that construction is completed by the end of the summer.
The work on Sir Francis Drake Boulevard, Red Hill Avenue, Ross Avenue and Butterfield Road is proposed to be done at night to minimize traffic delays. Work on residential streets will require the street to be closed between 8 am and 5 pm.
Residents will be notified of the project schedule at least two weeks in advance of the work.
FISCAL IMPACT
Engineer’s Estimate $450,000
Contingency $40,000
Construction Management $20,000
Total $510,000
Funding is available in the 2021/2022 Measure D fund.
GENERAL PLAN CONSISTENCY
The General Plan does not address maintenance of the Town’s roadway network, but rather focuses on changes to roadways (additional lanes, turn pockets, etc). The slurry seal project maintains the current roadway configurations while improving the surface and striping for all modes of transportation (vehicle drivers, bicyclists, pedestrians, and transit users).
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves maintenance of existing streets, will not create additional automobile lanes and involves negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.
The slurry seal project will extend the life of streets, thereby avoiding costly repaving projects with their higher greenhouse gas emissions. The improved surfaces will maintain the rideability for bicycles, and address Climate Action Plan 2030 Transportation Measure T-2 Bicycling. The enhanced crosswalks will improve pedestrian safety (Measure T-3 Walking). Staff considered the use of high albedo materials (Measures E-3 and A-2) and determined that a suitable low albedo slurry seal alternative is not available at a comparable cost at this time.
CONCLUSION
The 2022 Slurry Seal Project will improve the Town’s roadway inventory and extend the pavement life and is a Town of San Anselmo Page 2 of 3 Printed on 2/3/2022
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TO: Town Council 2/8/2022 Item #: 8.
key component of the Town’s Capital Improvement Program.
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Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 2/8/2022 Item #: 9.
FROM:
Carla Kacmar, Town Clerk
SUBJECT:
Review the list of Town Council committee assignments and make appointments for 2022.
RECOMMENDATION
That Council review the list of Town Council committee assignments and make appointments for 2022.
BACKGROUND
Town Councilmembers serve on a variety of committees, some of which are internal to the Town and some of which are regional. It has been the Council's practice to review the list of appointments each year and make new appointments as desired or needed.
DISCUSSION
The following is a list of the current assignments:
• Association of Bay Area Governments (ABAG) General Assembly - The ABAG General Assembly meets twice a year in Oakland. (Burdo; alternate Greene)
• Capital Program Monitoring Committee -Two seats. This committee meets a minimum of twice year in the evening to review the Public Works Director's recommendations for capital improvement projects, including paving and drainage, in the upcoming year and makes a recommendation to the full Council.
This Committee is also charged with Measure D Sales Tax Oversight. There are seven citizen members appointed. (Burdo/Burke)
• CDBG Upper Ross Valley - One seat. This group is made up of representatives of the upper Ross Valley and they decide Community Development Block Grant funding for local projects. The group meets 1 or 2 times a year in the evening. (Fineman)
• Central Marin Police Authority Council -Two seats. The CMPA Council is responsible for the administration and oversight of the Central Marin Police Authority and it meets quarterly in the evening. (Greene/Colbert, alternate Fineman)
• Chamber of Commerce liaison - One seat. This person is the Town Council liaison to the Chamber and Town of San Anselmo Page 1 of 4 Printed on 2/3/2022
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TO: Town Council 2/8/2022 Item #: 9.
attends their monthly meetings (usually on the third Tuesday morning), and keeps the manager and other Councilmembers informed of what's happening with the Chamber. (Colbert) • Creek Park Advisory Committee - Two seats. Meets as needed. The Committee was formed to oversee the public engagement and fundraising for the redesign of Creek Park (Colbert, Fineman alternate: Burdo) • Economic Development Committee - Two seats. These persons work with the Economic Development Committee, 7 members of the public, to encourage the economic development of San Anselmo. Meets monthly on the second Tuesday at 8:45 a.m. (Colbert and Vacant) • Financial Advisory Committee - Two seats. These persons work with the Financial Advisory Committee, 5 members of the public, to encourage the financial sustainability of San Anselmo. Will meet quarterly, more often if needed. (Fineman and Colbert)
• Flood Committee - Two seats. This committee consists of two Councilmembers and seven members of the public with engineering or technical expertise. They work with the Ross Valley Watershed group and its technical committee to ensure that flooding issues in San Anselmo are addressed. Meets quarterly, more often if needed (evening meeting). (Greene and Burdo) • Flood Control District Zone 9 Advisory Board - One seat. The Flood Control District’s governing body is the County Board of Supervisors. This group is an advisory body representing Larkspur, Ross, Fairfax, San Anselmo, the County and several members at large. Meets in the evening approximately 4 times per year. (Greene)
• Homeless Policy Steering Committee - One seat. Represents San Anselmo in the County group dedicated to reducing issues around homelessness. (Fineman) • League of California Cities, North Bay- One seat. This person serves as the Town’s representative to the North Bay Division of the League of California Cities. They meet quarterly around the North Bay for dinner meetings to share information. (Fineman, alternate Colbert) • Memorial Park Advisory Committee - Two seats. Meets as needed. The Committee was formed to oversee volunteers for special projects to update Memorial Park. (Burdo, Burke) • MCCMC Economic Recovery Committee - One seat. Committee formed to address needs for economic recovery as a result of the Covid 19 pandemic. (Colbert) • MCCMC Disaster Preparedness Committee - One seat. The MCCMC Disaster Preparedness Committee was formed to assess disaster preparedness activities and programs and coordinate best practices between jurisdictions. (Greene, alternate Fineman)
• MCCMC Legislative Committee - One seat. This group meets monthly to discuss pending federal and state legislation affecting cities and to make recommendation to MCCMC members on action to be taken.
Meets on the fourth Monday of each month at 8 a.m. in San Rafael City Hall. (Burdo, alternate Greene) • MCCMC Climate Action Committee- One seat. This committee is the policy body to guide the work Town of San Anselmo Page 2 of 4 Printed on 2/3/2022
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TO: Town Council 2/8/2022 Item #: 9.
being done county-wide around climate change. (Fineman) • MCCMC Water Policy Committee- Two seats. This committee is the policy body to guide the work being done county-wide around water as a result of the drought and climate change. (Burke, Fineman) • Marin Emergency Radio Authority (MERA) - One seat. This group is responsible for oversight of the operation of the MERA radio system. (Burdo, 1st alternate: Condry, 2nd alternate: Donery) • Marin Energy Authority- One seat: This JPA works to purchase green energy for Marin member cities, and meets once a month on the first Thursday, 7 p.m. (Greene, alternate Fineman) • Marin Wildfire Prevention Agency - The Marin Wildfire Prevention Board meets the third Thursday at 3 PM. (Burdo, Alternate Greene)
• Racial Equity Subcommittee - Two seats. (Fineman, Burdo alternate: Colbert) • Refuse & Recycling Subcommittee - Two seats. This subcommittee worked to negotiate a new refuse contract with Marin Sanitary Service in 2010. The subcommittee continues to work on refuse/recycling issues as they arise. It meets in the evening. (Greene, Burdo) • Ross Valley Fire Board - Two seats. The Fire Board meets once a month on the second Wednesday at 6:30 p.m., at the downtown SA fire station. Fairfax, Ross and Sleepy Hollow also have two seats. (Greene/Burdo; alternate Fineman)
• Ross Valley School District - One seat. Serves as the liaison between the school district and Town. (Colbert)
• Ross Valley Yellow Bus JEPA - One seat. Serves as a liaison to provide enhanced public oversight and transparency regarding school-related traffic relief throughout the Ross Valley by providing policy guidance and advice to Marin Transit as a manager of yellow bus services. Fairfax, County of Marin and the Ross Valley School District also have seats. (Colbert, alternate Burdo; staff Donery) • Safe Routes to School - One seat. Serves as the Town representative to Safe Routes. (Colbert, alternate Greene)
• Transportation Authority of Marin (TAM) - One seat. TAM was established between the County and cities of Marin to address Marin's transportation needs, funded by a sales tax measure. The Board meets the fourth Thursday of each month at 7:00 p.m. (Colbert, alternate Burke) Attached is the current listing, without descriptions, showing representatives, alternates and vacancies.
The first list is alphabetical and the second is divided by regional, Ross Valley and local significance.
FISCAL IMPACT
There would be no direct fiscal impact to the Town to approve this item.
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TO: Town Council 2/8/2022 Item #: 9.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed project is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Cal. Code Regs. tit. 14, § 15061).
Town of San Anselmo Page 4 of 4 Printed on 2/3/2022
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ABAG General Assembly Burdo Alt: Greene
Capital Programs Monitoring Committee Burdo, Burke
CDBG Upper Ross Valley Fineman
Central Marin Police Authority Greene, Colbert Alt: Fineman Chamber of Commerce liaison Colbert
Economic Development Committee Colbert, Vacant
Financial Advisory Committee Fineman, Colbert
Flood Committee Burdo, Greene
Flood Control District Zone 9 Greene
MCCMC Homeless Committee Fineman
League of California Cities, North Bay Fineman, Alt: Colbert MCCMC Economic Recovery Committee Colbert
MCCMC Disaster Preparedness Committee Greene, Alt: Fineman MCCMC Legislative Committee Burdo, Alt: Greene
MCCMC Climate Action Committee Fineman
MCCMC Water Policy Ad Hoc Committee Fineman, Burke
Marin Emergency Radio Authority (MERA) Burdo, 1st Alt: Condry, 2nd Alt: Donery Marin Energy Authority Greene, Alt: Fineman
Marin Wildfire Prevention Agency Burdo, Alt: Greene
Refuse and Recycling Subcommittee Greene, Burdo
Ross Valley Fire Board Greene, Burdo, Alt: Fineman
Ross Valley School District Colbert
Ross Valley Yellow Bus JEPA Colbert, Alt: Burdo Staff: Donery Safe Routes to School Colbert, Alt: Greene
Transportation Authority of Marin (TAM) Colbert, Alt: Burke Racial Equity Sub Committee Fineman, Burdo Alt: Colbert Creek Park Advisory Committee Colbert, Fineman Alt: Burdo Memorial Park Advisory Committee Burdo, Burke
Town of San Anselmo
Representation on Various Committees
\ 2/3/2022
Item 9 - Attacment 1
Item 9 - Attacment 1
222
Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 2/8/2022 Item #: 10.
FROM:
Carla Kacmar, Town Clerk
SUBJECT:
Consider cancelling the regular Town Council meetings scheduled for July 12, August 9, and December 27, 2022.
RECOMMENDATION
That Council consider cancelling the meetings associated with summer vacations and holidays for 2022.
BACKGROUND
For the past several years, the Council has directed staff to cancel two of the Town Council meetings scheduled during the summer months. The rationale was that the summer is typically a slow time for Town business, particularly so since many residents are away on vacation and items of general interest are often delayed until September when regular activities resume.
Staff is also proposing the cancellation of the second December meeting as has been past practice.
DISCUSSION
Staff is recommending holding one meeting each month in July, August and December as has been past practice. The July meeting will be held on Tuesday, July 26 and the August meeting will be held on Tuesday, August 23, 2022. The December meeting will be held on Tuesday, December 13, 2022.
FISCAL IMPACT
There would be no direct fiscal impact to the Town to approve this item.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed project is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Cal. Code Regs. tit. 14, § 15061).
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