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San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and Via teleconference
Tuesday, November 15, 2022
1.1 6:40 p.m. Interview with Applicant for the Marin/Sonoma Mosquito & Vector Control District- Applicant Ranjiv Khush
1.2 6:50 p.m. Interview with applicant for the Library Advisory Board- Applicant Eliuh Welber
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
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Erica Freeman, Building Official
Rob Bastianon, RVFD Fire Inspector
Sean Youra, Climate Action Coordinator
Open Time for Public Expression
Ms. Carol Page asked about the meeting with Supervisor Rice and County Administrator Himmel regarding the Building Bridge 2 platform. Tax payers need more than just a San Anselmo Ad Hoc Committee to represent their interests- the County does not have this in mind.
Ms. Ann Politzer stated the ad hoc committee’s report on Building Bridge 2 should be made public.
John Crane, Sir Francis Drake Boulevard, asked for an update by the committee on meetings with the County. Residents deserve that information.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Greene stated the comments made during Open Time were legitimate and the issue should be on an upcoming agenda. Accountability is very important.
Mayor Fineman stated the request is warranted but a bit premature.
Councilmember Burke reported she would like to get a sense of what has already happened 2 and what is planning to happen from the Town’s perspective.
Vice Mayor Burdo reported he attended the Marin County Council of Mayors and Councilmembers (MCCMC) meeting and was appointed as a representative to the Local Agency Formation Commission (LAFCO); attended the Veterans Day Celebration at the Civic Center; attended the Marin Wildfire Prevention Authority (MWPA) meeting; the Ross Valley Paramedic Authority (RVPA) meeting was cancelled.
Councilmember Colbert reported he attended the MCCMC meeting; attended the Transportation Authority of Marin (TAM) meeting; attended the San Anselmo Economic Development Committee meeting; the Marin Transit Audit Committee Report will be released next month; attended an Investor’s Session at the Brewery; “Not in Our Town” will be sponsoring the showing of a documentary titled “The Tree of Life” at the Jewish Community Center; he does not support Councilmember Greene’s request for an upcoming agenda item.
Mayor Fineman reported she attended the Countywide Community Development Block Grant meeting; a Bicycle Pedestrian Advisory Committee (BPAC) meeting is scheduled for Thursday; she noted they do not have answers to many of the questions regarding Building Bridge 2- this information will be made public.
Councilmember Burke reported she had no committee meetings to attend; The Archie Williams Advanced Journalism class returned from the National Journalism Convention and Editor Harry Pratt won a Story of the Year Award; the Archie Williams Girls’ Volleyball team just won the NorCal Division III Finals and are heading to the State Finals (Go Falcons!); San Anselmo resident Jonathan Knight has a new film title “Invented Before You Were Born” showing in Tiburon; the status of Building Bridge 2 is important and she added one more question to her list: Why is the County asking for bids for a new hydrology map of the Ross Valley flood area? Town Manager Donery discussed the Building Bridge 2 Ad Hoc Committee. Staff will be replacing the chain link fence with a lattice fence and a green hedge to soften the wall.
2. Consent Agenda
2.1 Approve the Draft Minutes of the Town Council Meeting- October 25, 2022
2.2 Consider Adoption of Resolution No. 4459 to Allow for Virtual Town Council and Committee Meetings in Compliance with AB 361
2.3 Reports of Warrants Issued, October 2022
2.4 Revenue and Expenditure Reports, October 2022
2.5 Review of Fiscal Year 2021/22 Library Tax Expenditures
2.6 Financial Report on Recreation Fund- October 2022
2.7 Appoint applicant to the Library Advisory Board
2.8 Authorize the Town Manager to execute a Professional Services Agreement with Telecom Law Firm, P.C. to provide contract technical legal planning assistance concerning applications for telecommunication facilities
3 2.9 Consider Resolution No. 4460 to Declare the Week of November 13-19, 2022 as United Against Hate Week in the Town of San Anselmo
2.10 Approve Updated Legal Services Agreement for Town Attorney Services
2.11 Reappoint Ranjiv Khush as the San Anselmo Trustee on the Board of the Marin Mosquito And Vector Control District (MSMVCD)
Mayor Fineman opened the meeting to public comments.
Mr. Ross Asselstine stated the Flood District has spent around $38 million with San Anselmo contributing approximately $50,000 per month. This is unconscionable.
Mayor Fineman closed the meeting to public comments.
Mayor Fineman pulled item 2.11 from the agenda for discussion.
M/s, Burke/Burdo, Motion to approve the Consent Calendar item number 2.1 to 2.10 and pull item #2.11 for discussion.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
2.11 Reappoint Ranjiv Khush as the San Anselmo Trustee on the Board of the Marin Mosquito And Vector Control District (MSMVCD)
Mayor Fineman stated staff would like to review State stipulations regarding the ability to hold two offices. The item will be continued to the next meeting.
Council Items
3 Consider approval of the 2023 proposed maximum rates collected by Marin Sanitary Service for solid waste, recycling and organic waste services
Town Manager Donery presented a staff report and introduced Mr. Scott Schultz representing the consulting firm R3.
Mr. Schultz presented a PowerPoint presentation. He, along with the MSS team, answered questions regarding the annual rate revenue reconciliation; the profit calculation category; plans to reopening the recycling buy-back center.
Mayor Fineman opened the meeting to public comments.
There were no comments.
Mayor Fineman closed the meeting to public comments.
M/s, Greene/Burdo, Motion to approve Resolution No. 4461 for the 2023 proposed maximum rates collected by Marin Sanitary Service for solid waste, recycling and organic waste services.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
4 4. Public Hearing to Consider the Adoption of Ordinance No. 1169 amending the San Anselmo Municipal Code to Adopt by Reference the 2022 Edition of the California Fire Code, 2021 International Fire Code and Appendix A of the 2021 International Urban Interface Code (WUI), as Amended; and to Adopt Resolution No. 4458 supporting those amendments; and finding adoption of Both the Ordinance and the Resolution exempt from CEQA per CCR Title 14 and Section 15061(b)(3).
Fire Inspector Bastianon presented a staff report. There were no questions from the Council.
Mayor Fineman opened the meeting to public comments.
There were no comments.
Mayor Fineman closed the meeting to public comments.
M/s, Burdo/Greene, Motion to Adopt Ordinance No. 1169 amending the San Anselmo Municipal Code to Adopt by Reference the 2022 Edition of the California Fire Code, 2021 International Fire Code and Appendix A of the 2021 International Urban Interface Code (WUI), as amended;
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
M/s, Burdo/Greene, Motion to Adopt Resolution No. 4458 supporting those amendments.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
5. Public Hearing to Consider Adoption of an Ordinance Amending 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) with local amendments thereto and finding adoption of the Ordinance exempt from CEQA, CCR, Title 14 and Section 15061(b)(3) Building Official Freeman presented a staff report. She answered a question from the Council regarding the Reach Codes.
Mayor Fineman opened the meeting to public comments.
There were no comments.
Mayor Fineman closed the meeting to public comments.
M/s, Greene/Burke, Motion to Adopt Ordinance No. 1168 Amending 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) with local amendments thereto.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
6. Introduction of an Ordinance prohibiting the use of gasoline-powered landscape equipment; and Adoption of a Resolution expanding the Town’s trade-in and rebate program for landscape equipment; and finding both the Ordinance and Resolution exempt from CEQA CCR Title14, Section 15061(b)(3)
5 Climate Action Coordinator Youra presented a staff report and a PowerPoint presentation. Staff answered questions from the Council regarding availability of Rebate Funds; exemptions; the citation structure; outreach to property owners; enforcement; if Section 5.7.06(B) Enforcement, should be eliminated.
Mayor Fineman opened the meeting to public comments.
Ms. Susan Saunders and Ms. Kathleen Gundry, members of the Climate Action Commission, supported the Ordinance.
Mayor Fineman closed the meeting to public comments.
Councilmember Greene stated after consideration he did not want to eliminate Section
5.7.06(B) Enforcement- they want a broad scope.
Councilmember Burke supported the removal of Section 5.7.06(B)- it is vague. Section (A) provides the tools that are needed. She supports the ordinance.
Vice Mayor Burdo supports the ordinance.
Mayor Fineman suggested removing riding mowers from the Rebate Program. Outreach should include sending out postcards. She is agnostic with respect to Section (B).
M/s, Greene/Colbert, Motion to adopt the staff report and Introduction by title only and waive further reading of an Ordinance of the Town Council of the Town of San Anselmo amending Title 5 to amend Chapter 7 by adding regulations prohibiting the use of gasoline-powered landscape equipment.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
M/s, Greene/Burke, Motion to Adopt a Resolution expanding the Town’s trade-in and rebate program for landscape equipment with the modification suggested by Mayor Fineman.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
The Council took a 5-minute break at 8:48 p.m.
The Council reconvened at 8:53 p.m.
7. Discussion Related to Town’s Code of Ethics and Values for Elected and Appointed Officials
Councilmember Greene was concerned about the context of the Mayor’s statement on Boards and Commissions and the assertion that an unidentified Councilmember leaked confidential information. Members could chose to waive remaining privilege attached to that email or discuss it in Closed Session.
Mayor Fineman stated the discussion is about understanding the options in the event of an ethical breach.
6 Town Attorney Acevedo presented a staff report. She answered questions from the Council regarding what other jurisdictions have; AB 1234 and the requirement for training every two years; distinctions between the two samples provided in the packet; what happens when norms are breached; if enforcement and accountability should be included; who should investigate a possible breach; who can call a Closed Session and what is the triggering mechanism; Roberts vs. City of Palmdale; how to address an ethical breach; approaching the “Free Speech Zone”.
Mayor Fineman opened the meeting to public comments.
Mr. Nate McKennerick stated this is an important issue. Improvements could be made to the code. Town staff should be able to do his or her job without pressure from public officials.
Ms. Ann Politzer is concerned about the Draconian nature of the City of Belmont document.
Mayor Fineman closed the meeting to public comments
Mayor Fineman stated there were two issues: What is the process for raising a perceived ethical or legal violation and what is the process for dealing with it.
Councilmember Greene asked if the Council could meet with the Town Attorney regarding the Attorney/Client relationship. Town Attorney Acevedo stated a Closed Session discussion would have to be specific to an issue- there could not be a general discussion.
Vice Mayor Burdo stated he is more interested in addressing what can be done when a violation occurs. He likes the Los Gatos policy. The investigation is very important and could be done by outside counsel.
Councilmember Burke cited the Los Gatos document, Attachment 4, page 528 regarding Council Communication with the public and other Councilmembers. She is weary of adopting a policy that allow one Councilmember to making a judgment about another forming a pre-opinion or making a statement that is biased. She did not want to start pointing fingers at each otherthis could quash alternate views. She supports the current policy and annual ethics training.
Councilmember Colbert stated he was not talking about bias. He is not happy with where they are- the status quo does not work.
Vice Mayor Burdo stated he is concerned about a clear violation of ethics- not bias.
Mayor Fineman stated she was concerned about Brown Act and Fair Political Practices Commission (FPPC) regulations. She asked staff to take a look at the existing policy and perhaps adding to it and to bring this item back at a future date.
8. Introduction and first Reading of an Amendment to the San Anselmo Municipal Code Repealing and replacing Title 10 “Planning and Zoning”, Chapter 6 “Accessory Dwelling Units; and finding the Ordinance exempt from CEQA pursuant to Public Resources Code Section 21080.17, which exempt the local adoption of ordinances regarding second units In single or multi-family residential zones, and Guidelines Section 15301 involving minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence.
Planning Director Scoble presented a staff report and gave a PowerPoint presentation. There were no questions from the Council.
Mayor Fineman opened the meeting to public comments.
7 There were no comments.
Mayor Fineman closed the meeting to public comments
M/s, Burke/Greene, Motion to Introduce an Amendment to the San Anselmo Municipal Code Repealing and Replacing Title 10 “Planning and Zoning”, Chapter 6 “Accessory Dwelling Units”.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
M/s, Greene/Colbert, Motion to approve the first reading of the ordinance amendment and waive future readings in their entirety.
AYES: Burdo, Burke, Colbert, Greene, Mayor Fineman
NOES: None
M/s, Burdo/Colbert, Motion to adjourn the meeting at 10:12 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary
Serge Avila
Town Clerk