1 San Anselmo Council Minutes
Regular Meeting
Town Council Chambers and Via teleconference
Tuesday, August 23, 2022
Mayor Fineman called the Special meeting to order at 6:20 p.m.
Call to Order/Roll Call:
COUNCILMEMBERS PRESENT: Alexis Fineman, Mayor
Steve Burdo, Vice-Mayor
Eileen Burke
Brian Colbert
Ford Greene
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
1. Interviews with Applicants to the Racial Equity Committee, Historical Commission and Art Commission
The Council interviewed April Hewes, Alan Cascio, Grace Hyeryung Kim, and Kathleen Edwards.
Mayor Fineman called the Regular meeting to order at 7:00 p.m.
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Alexis Fineman, Mayor
Steve Burdo, Vice-Mayor
Eileen Burke
Brian Colbert
Ford Greene
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Sean Condry, Public Works Director
Dannielle Mauk, Recreation Director
Kevin McCloud, Recreation Coordinator
Ella Acker, Recreation Intern
Sean Youra, Climate Action Coordinator
Open Time for Public Expression
Ms. Sue Saunders discussed the need for more Level 2 electrical vehicle chargers for in public parking lots.
Council requests for future agenda items
Councilmember Burke stated she had nothing to report.
2 Councilmember Colbert reported on the electric charging infrastructure in Costa Rica; the Transportation Authority of Marin (TAM) EV Ad Hoc Committee met and talked about building chargers and looking at what the electrical grid can handle; the Marin Transit Authority (MTA) met in August and focused on access and paratransit trips; he attended the final Marin County Council of Mayors and Councilmembers (MCCMC) Economic Vitality Ad Hoc Committee meeting and the Marin County Economic Recovery Task Force meeting; he attended a presentation held by Representative Jared Huffman regarding the problems along Highway 37 and restoring the wetlands;
Vice Mayor Burdo reported he met last Monday with some residents about vegetation management issues; he discussed grants offered by the Marin Wildfire Prevention Authority (MWPA); he attended the recent Tam House BBQ (minus his Hawaiian Shirt).
Councilmember Greene reported he attended the recent Marin Clean Energy (MCE) meeting and they discussed the Light vs. Deep Green accounts; he discussed the efforts to retire the Diablo Canon Power Plant.
Mayor Fineman congratulated staff on the paving and restriping of Butterfield Road- great work! She attended the recent MWPA field trip regarding the Greater Ross Valley Shaded Fuel Break (GRVSFB) Project; the Council held a Special Meeting last week regarding the upcoming ballot measures; the Elders Garden is looking for volunteers and meets on the third Saturday of the month, 9:30 a.m. to 11:30 a.m.; the MCCMC Legislative Committee met yesterday morning; the Climate Action Commission met last night; she attended a presentation by Edward Redbird on constructing Tule canoes. She asked Public Works Director Condry if staff was familiar with rebates for municipal chargers. Public Works Director Condry stated “yes There were no updates from staff.
2. Consent Agenda
2.1 Minutes of July 26, 2022
2.2 Report of Warrants Issued, July 2022
2.3 Consider Adoption of Resolution to Allow for Virtual Town Council Meetings in Compliance with AB 361
2.4 Response to 2021-2022 Marin Civil Grand Jury Report entitled Electrifying Marin’s Buildings: A Countywide Approach
2.5 Authorization to Sign an Agreement with Sage Energy Consulting and Request for Resilience Hub Consultant Funds
2.6 Consider Rescheduling the November 8, 2022 Town Council meeting
Mayor Fineman opened the meeting to public comments.
Mr. David Hall, member of the Marin/Sonoma Building Electrification Squad, discussed the climate crisis and the use of natural gas.
Karen supported Consent Calendar item #2.5.
Ms. Kathryn Gundry, speaking on behalf of the Climate Action Commission, supported items #2.4 and #2.5.
3 Mayor Fineman closed the meeting to public comments.
Councilmember Burke stated she would like to pull Consent Agenda items #2.3 and #2.5 for discussion.
M/s, Burdo/Greene, Motion to approve Consent Agenda items #2.1, #2.2, #2.4, and #2.6.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
2.3 Consider Adoption of Resolution to Allow for Virtual Town Council Meetings in Compliance with AB 361
Councilmember Burke noted this issue was being addressed later on the agenda and she asked how these two items interact with one another. Town Attorney Acevedo stated the Consent Calendar item serves as a “backstop” for future decisions. It allows for some flexibility.
2.5 Authorization to Sign an Agreement with Sage Energy Consulting and Request for Resilience Hub Consultant Funds
Councilmember Burke asked about the Interconnection Application and the need to hire a consultant. This is the kind of project that could be managed by staff.
Public Works Director Condry stated this is a complicated and comprehensive project and will require a lot of time and energy. The Public Works Department is understaffed and overwhelmed with projects.
Councilmember Greene stated he would prefer to do things “in house” when appropriate. He supports hiring Sage Energy Consulting.
M/s, Burdo/Greene, Motion to approve Consent Agenda items #2.3, and #2.5.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
Council Items
3. Proposed Hilldale Pocket Park Project
Recreation Supervisor McCloud gave a staff report.
Intern Acker gave a PowerPoint presentation that included the following: 1) Proposed Park Information; 2) Location and Park Layout; 3) Steps Taken; 4) Survey Format; 5) Summary of Current Survey Data; 6) Concerns Raised by Community.
Public Works Director Condry discussed the specifics of the project. He, along with Recreation Intern Acker, answered questions from the Council about feedback from residents who have used this area for parking; the timeline; the process and approval of the design; if shade would be a priority in the design (use of umbrellas, shade sails, etc.).
Mayor Fineman opened the meeting to public comments.
Karen, Hilldale Avenue, supported the project and offered to help with the selection of native plants.
Ms. Sydney Stout (11 years old) and Kendall Stout (9 years old) stated it would be fun to have a park in their neighborhood!
Ms. Daniele Stout stated signage would be important and should include park hours, prohibition 4 of smoking, and ask that people respect the neighbors.
Mayor Fineman closed the meeting to public comments.
Councilmember Burke supported this project. The location is perfect and will repurpose a minimally used space.
The Council agreed and thanked Recreation Intern Acker for her great work!
4. San Anselmo Community Garden Draft Bylaws and Rules
Recreation Director Mauk presented a staff report. She answered questions from the Council regarding approval of the Bylaws; which gardeners are being “grandfathered” in; the size of individual plots; the number of people on the wait list; the process for deciding who gets the ten additional plots; a suggested revision to Community Garden rule #1; who makes the decision on naming the Work Day Coordinator; why bird baths and growing marijuana are prohibited; an appeal process; the amount of outreach; if the Steering Committee is the appropriate body to police themselves and provide a roadmap for the future; why the Bylaws are so sparse; how the three garden representatives will be chosen; the possibility of a liaison to the Steering Committee from the Friends of Robson group; what body would make future changes to the Bylaws; other spaces around Town that could be used as a community garden.
Parks and Recreation Commissioner Rod Kerr thanked the members of the Garden Steering Committee for their hard work. A meeting was held on July 9th and residents and non-residents spoke in support of the non-resident gardeners, many of whom are senior citizens. The Bylaws were revised to allow current non-resident to continue his or her garden membership provided ten additional plots are created by January 1, 2024.
The Council took a 5-minute break at 9:03 p.m.
Mayor Fineman opened the meeting to public comments.
Ms. Elizabeth Grasso, member of Friends of Robson, stated what is covered in the Bylaws is confusing and she had questions. She was concerned that the Bylaws were drafted without neighborhood notification.
Ms. Kat Alexander, Vice Chair of the Parks and Recreation Commission and member of the Garden Steering Committee, stated these Bylaws represent an exciting step forward. This document is a win-win for the community.
Michael, Chair of the Parks and Recreation Commission, stated these Bylaws provide a structure and governance for the operation of the garden. The Parks and Recreation Commission unanimously supported these Rules and Bylaws.
Ms. Annie Robbins, member of the community garden, supported adding more plots.
Mr. Tom Fillman, Steering Committee member, stated the garden plots are different shapes and sizes and unique in many other ways.
Ms. Karen Peterson, member of the garden, thanked the Steering Committee and supported the Bylaws. The compromise brings in new gardeners.
Ms. Brooke Conway, member of the garden, stated the process has been very inclusive and has given people a sense of community.
5 Councilmember Colbert was concerned about the lack of community engagement. He asked what would be the fundamental framework that lays the groundwork to move forward.
Councilmember Burke stated she received emails from residents asking if there should be a community garden. The role of the Parks and Recreation Commission is to serve residents of all ages, genders, and interests. She supports gardening at this location and the compromise suggested with respect to residency. There should be a right to appeal. The “grandfather” clause should be clarified and spelled out.
Vice Mayor Burdo stated everyone in the immediate area should be notified when a discussion about the use of public space is scheduled. He wanted to move forward with the Bylaws tonight. He agreed with the suggestion that there should be a Friends of Robson liaison on the Steering Committee.
Councilmember Greene stated people who garden are not “haters”. He asked the Town Attorney to define the following: 1) That there are no property rights or ability to litigate in the future for members who are participating; 2) How the ten additional plots will be handled; 3) The right of appeal; 4) How plots are assigned. The Steering Committee needs to be broader and should include a Town Council member and a member of the Friends of Robson. This garden is not “just a garden”- it is a major community asset. This is a good start but the proposed Bylaws are not ready for approval.
Mayor Fineman agreed this was the best use for this space. They need more discussion about where the new plots would be located. It would not be appropriate to place them above or below the terraced area. She suggested the following appeal process: a Councilmember can summon an appeal which would be heard if agreed upon by the majority of the Council. A threshold should be met.
Councilmember Burke opposed this suggestion- it guts the right of appeal. The individual who feels “harmed” should have the right to raise the issue. Councilmember Green agreed.
Councilmember Colbert stated there was no need for the Council to get involved with appeals- it should be handled by the Parks and Recreation Commission and staff. Vice Mayor Burdo agreed.
Councilmember Green stated the appeal process should be consistent- the “buck stops” with the Council.
Commissioner Kerr read the proposed language from an earlier draft: “A gardener whose membership privileges have been revoked by the Steering Committee may file an appeal with the Parks and Recreation Commission 30 days from the date the revocation notice is mailed”.
Mayor Fineman supported this language.
Councilmember Greene stated staff should schedule another community meeting that is broadly noticed. This should occur prior to the Council approving the Bylaws.
Town Manager Donery suggested staff schedule a Parks and Recreation Commission sponsored meeting for the Friends of Robson with a 300-foot radius notice mailed to residents.
This would be a Special Meeting of the Commission with this one item on the agenda.
Councilmember Greene asked that the other items on tonight’s agenda be continued. 6 M/s, Greene/Burdo, Motion to continue items #5, #6, and #8 to a future agenda.
AYES: Burke, Colbert, Greene, Mayor Fineman
5. Consider Adoption of Resolution Defining the Framework for the San Anselmo Arts Commission
Mayor Fineman stated this item has been continued to a future Council meeting.
6. Town Council Committee Assignment Discussion
Mayor Fineman stated this item has been continued to a future Council meeting.
7. Discussion of Potential Regulations Imposing an Electric Vehicle Infrastructure Training Program (EVITP) Certification Requirement for Town-Funded Electric Vehicle Infrastructure Projects
Public Works Director Condry presented a staff report. He answered questions from the Council regarding incidents of defective installations; if there were competent local electricians that could install these stations; if any Town charging stations have been faulty; manufacturing vs. installation defects; AB 841 requirements; if there could be any unintended consequences.
Town Attorney Acevedo stated the number of Marin County certified electricians cited in the staff report was incorrect- there are three, and not one.
Vice Mayor Burdo gave a brief summary of the item.
Mayor Fineman opened the meeting to public comments.
Ms. Nathalie Higgley, representing IBW #551, supported the proposal. The union requires apprentices to become EVITP certified in the name of safety.
Mayor Fineman closed the meeting to public comments.
Councilmember Burke stated she did not think this was necessary. She did not want to limit who they could hire.
Councilmember Colbert stated this is an opportunity for San Anselmo to be more forward thinking. He supports the proposal.
Vice Mayor Burdo would like to move forward using the City of Rohnert Park ordinance as a model.
Councilmember Greene asked that any future staff report address the worker safety issue.
8. Discuss Ongoing Format of Public Meetings
Mayor Fineman stated this item has been continued to a future Council meeting.
M/s, Greene/Colbert, Motion to adjourn the meeting at 11:11 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary