San Anselmo Council Minutes
Regular Meeting
Town Council Chambers and Via teleconference
Tuesday, October 25, 2022
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
COUNCILMEMBERS ABSENT: Ford Greene
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Serge Avila, Town Clerk
Emily Longfellow, Town Attorney
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Erica Freeman, Building Official
Dannielle Mauk, Recreation Director
Hamid Khalili, CMPA Captain
Rob Bastianon, RVFD Fire Inspector
Sean Youra, Climate Action Coordinator
Open Time for Public Expression
Mr. Ross Asselstine, San Anselmo Avenue, discussed the emotional aspects of flood control issues and the perpetuation of “false hope”.
Mr. Guy Meyer agreed with Mr. Asselstine. The decisions that are being made in 2022 affect the future.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Colbert reported the Marin County Bicycle Coalition (MCBC) had an informational booth at the last Friday Night Live event; the San Anselmo Economic Development Commission and the Reimagine Creek Park group sent a letter to the Board of Supervisor asking them to reopen Creek Park; he had a meeting with Marin Wildfire Prevention Authority (MWPA) Executive Director Mark Brown; he has been assisting in the Transportation Authority of Marin (TAM) staff evaluation process; he met with the Ross Valley School District Superintendent regarding the Housing Element; he attended the Robson Fall Harvest Fundraiser.
Vice Mayor Burdo reported he attended the Friends of Robson gathering; the MWPA Board of Directors met last Thursday and heard a presentation on the Greater Ross Valley Shaded Fuel Break Project; the Ross Valley Fire Board met on October 12th.
Councilmember Burke reported she attended the last Live on the Avenue Event and she gave a “shout out” to the Parks and Recreation Department; she referred to the Council decision on whether or not to stay in Flood Zone 9 and had a list of questions.
Mayor Fineman reported she attended an event sponsored by the Environmental Housing Coalition; she met with representatives of the Central Marin Police Authority (CMPA) and Archie Williams High School regarding e-bikes; the Climate Action Commission met last night; the Creek Park Building Bridge Two Subcommittee met with County representatives and others; she would like a discussion regarding Town Policies related to ethics and conduct on an upcoming agenda.
Climate Action Coordinator Sean Youra introduced Mr. Paul Wang, the first Climate Action Fellow, a shared position with the Town of Fairfax. Mr. Wang stated he was looking forward to working with both Towns.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- October 11, 2022
1.2 Consider Adoption of Resolution No. 4457 to Allow for Virtual Town Council and Committee Meetings in Compliance with AB 361
1.3 Accept the 2021 Street Resurfacing Phase B Project
1.4 Accept the 2022 Street Resurfacing Project
1.5 Special Event Application- Holiday Tree Lighting Ceremony 2022
1.6 Grant Agreement for “Measure A” Parks Tax Allocation
1.7 Quarterly Treasurer’s Investment Report, September 30, 2022
1.8 Updated: Special Event Application- Goblins’ SPOOKtacular 2022
Mayor Fineman opened the meeting to public comments.
There were no comments.
Mayor Fineman closed the meeting to public comments.
Mayor Fineman asked for the removal of Consent Calendar item #1.1 for discussion.
Councilmember Burke asked for the removal of Consent Calendar item #1.8 for discussion.
M/s, Burdo/Burke, Motion to approve Consent Calendar items #1.2 through #1.7, with the removal of items #1.1 and #1.8.
AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
1.1 Approve the Draft Minutes of the Town Council Meeting- October 11, 2022 Mayor Fineman stated she would like to return to a rollcall vote for clarity. She asked for clarification on several votes.
1.8 Updated: Special Event Application- Goblins’ SPOOKtacular 2022 Councilmember Burke stated there has been a request to change the soft closure to 4:00 p.m. instead of 3:00 p.m. Friday’s are a very busy time for merchants.
Recreation Director Mauk stated this event is kid-centric and the Central Marin Police Authority (CMPA) is requiring closing the streets at 3:00 p.m. with a hard closure at 4:00 p.m. There are safety concerns. CMPA Captain Khalili stated adequate time is needed to clear out vehicles.
M/s, Burdo/Burke, Motion to approve Consent Calendar items #1.1 as corrected and item #1.8 as submitted.
AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
Council Items
2. Presentation by the Central Marin Police Authority (CMPA) regarding community concerns and potential strategies related to electronic bicycles (e-bikes) and electronic scooters (e-scooters)
Captain Hamid Khalili presented a staff report and a PowerPoint presentation. He answered questions from the Council regarding whether a driver’s license is required to operate a motorized scooter or an e-bike; if there are rules regarding the number of passengers that an ebike can accommodate; if the education or enforcement campaigns have made a difference; if White Hill School is on the CMPA radar; suggestions for communicating with young riders of these vehicles; if the “apple is not falling far from the tree”; what enforcement looks like; how to make parents aware; whether minors can be required to attend “Traffic School.
Mayor Fineman opened the meeting to public comments.
Mr. Guy Meyer asked if anything has changed in terms of bicycles and stop signs. The current perception is that anything electric is a “gift to the earth”.
Ms. Zoe Rechus, Advocacy Assistant with MCBC, stated she is working on the E-Bikes Smart Marin Program which will focus on teen safety.
Brigit had a question about citations and the use of Youth Court.
Mayor Fineman closed the meeting to public comments.
Vice Mayor Burdo thanked staff for the presentation- it was very educational.
Councilmember Colbert discussed personal responsibility.
Councilmember Burke stated informative signs (such as “Eyes Up”) can be an effective means of education.
Mayor Fineman stated e-bikes are taking cars off the road and this type of new technology sometimes moves faster than education, policies, etc. There are enforcement mechanisms that could better engage parents. The Council should be focusing on engineering and what the Town should look like when there is a viable third option for transportation.
3. Introduce Ordinance amending Title 3, Chapter 4, Article 8 of the San Anselmo Municipal Code to Adopt by Reference the 2022 Edition of the California Fire Code and 2021 International Code and Appendix A of the 2021 International Urban Interface Code (WUI), as Amended.
Fire Inspector Bastianon presented a staff report. He answered questions from the Council regarding the Local Construction Permit Section; if a Vegetation Management Plan includes PG&E; if there are more enforcement mechanisms and requirements; references to the Wildland Urban Interface (WUI) and the Town of Ross; if enforcement will be done in conjunction with defensible space inspections; if portable generators are addressed in the Fire Code; fire hazard reduction and how hazardous vegetation is defined; fire hazard reduction for roadside vegetation. if a Tree Permit would be required to remove a hazardous Heritage tree; how codes from different agencies interact; obstruction of fire apparatus access roads; minimum roadway clearance.
Mayor Fineman opened the meeting to public comments.
Mr. Guy Meyer stated the focus should be on what is hazardous and what is not hazardous.
People have the right to accept a certain degree of risk.
Mayor Fineman closed the meeting to public comments.
Vice Mayor Burdo stated this is a routine task that happens every three years.
Councilmember Burke acknowledged the comments that were made by Mr. Meyer. Some people will see this as an infringement on his or her liberty. The goal is safety.
Mayor Fineman stated fire has always been a part of the landscape and they need to rethink what vegetation should look like in a residential setting. She noted the word “apiary” was spelled incorrectly in the ordinance and the “Town of Ross” should be the Town of San Anselmo.
M/s, Burdo/Burke, Motion to Introduce by title only and waive further reading of an Ordinance Adopting by Reference the 2022 California Fire Code, the 2021 Edition of the International Fire Code, and Appendix A of the 2021 Edition of the International Wildland Urban Interface Code (WUI), as amended, prescribing regulations governing conditions hazardous to life and property from hazardous uses or operations, and establishing a Fire Prevention Bureau and providing officers therefore and defining their powers and duties. The amendments made by Mayor Fineman shall be included.
AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
4. Introduce and Waive First Reading of an Ordinance Repealing and Replacing Title 9, Chapter 1 of the San Anselmo Building Code to adopt by reference the most recent California Building Standards Code (California Code of Regulations, Title 24), as amended Building Official Freeman presented a staff report. Public Works Director Condry discussed the Green Building Reach Code and noted staff will continue to work on this over the next six months and come back to Council with a comprehensive overview and recommendation. They answered questions from the Council regarding the nature of resident “push-back” to the Reach Codes; quantifying the “push-back”; if there was communication with the Climate Action Commission about the adoption timeline; the requirement for EV charging in new multi-family residences that will not provide parking; electric street light poles with chargers.
Mayor Fineman opened the meeting to public comments.
Mr. Guy Meyer agreed with staff that this legislation should be sorted through since there is a lot of emotion coming out of Sacramento. They need to look at the big picture.
Mr. David Waller, representing the Marin/Sonoma Building Electrification Squad, supported the three Reach Codes and the reduction of greenhouse gas emissions.
Ms. Kathleen Gundry, Chair of the Climate Action Commission, gave a short report on last night’s meeting.
Ms. Sue Saunders discussed the intensification of environmental conditions such as drought, flood, fires, etc. She supported the Reach Codes and asked the Council to adopt them as soon as possible.
Mayor Fineman closed the meeting to public comments.
Councilmember Burke agreed with staff- they need to fully review the Reach Codes and make sure they do it right.
Councilmember Colbert stated nothing is costless in terms of finances, time, etc. There is a Countywide conversation about chargers and the “low hanging fruit” could be multi-family housing. He acknowledged staff’s concerns about bandwidth and time.
Vice Mayor Burdo understood the impact to staff and stated they need to continue to communicate with stakeholders.
Mayor Fineman discussed the relationship between the work of the Council, staff, and the Climate Action Commission. There were several ideas on how to approach the more complicated piece of adopting the Reach Codes including looking at the EV component on an expedited timeline. She asked staff what the Council can do to make the day-to-day operational pieces easier.
Councilmember Burke stated there is no need to rush anything. They need to address this at the staff level and see what the County does.
Mayor Fineman stated there is urgency around reducing greenhouse gas emissions and speed is what is called for.
Town Manager Donery stated staff is committed to taking a hard look at this and figuring out the best path forward.
M/s, Burdo/Burke, Motion to Introduce and waive the first reading of an Ordinance of the Town of San Anselmo Repealing and Replacing Title 9, Chapter 1, of the San Anselmo Municipal Code to adopt by reference California Administrative Code 2022 Edition, California Building Code 2022 Edition, and its Appendices G.H.I.J., the California Residential Code 2022 Edition, and its Appendices H.J.K.Q., California Electrical Code 2022 Edition, California Mechanical Code 2022 Edition, California Plumbing Code 2022 Edition, California Energy Code 2022 Edition, California Historic Building Code 2022 Edition, California Green Building Standards Code 2022 Edition, California Existing Building Code 2022 Edition, International Property Maintenance Code 2021 Edition, International Property Maintenance Code 2021 Edition, International Swimming Pool and Spa Code 2021 Edition, National Fire Protection Association (NFPA) 54 and 58 California Referenced Standards Code 2022 Edition, California Code of Regulations, Title 24, as amended.
AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
5. Receive and File Update on Recent State Accessory Dwelling Unit (ADU) Legislation Town Attorney Longfellow presented a staff report and a PowerPoint presentation. She answered questions from the Council regarding whether the presentation can be made available to the public; an ADU on Fern Lane; the trigger for indoor sprinkler systems or fire hydrants.
Mayor Fineman opened the meeting to public comments.
There were no comments.
Mayor Fineman closed the meeting to public comments.
There were no comments from the Council.
Being no further business Mayor Fineman adjourned the meeting at 10:00 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary