1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, February 28, 2023
Mayor Burdo called the Regular Meeting to order at 7:00 p.m.
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Alexis Fineman
Tarrell Kullaway
COUNCILMEMBERS ABSENT: Brian Colbert
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Emily Longfellow, Assistant Town Attorney
Heidi Scoble, Planning Director
Serge Avila, Town Clerk
Jason Weber, Ross Valley Fire Chief
Danielle Mouk, Recreation Director
Maddy O’Grady, Recreation Coordinator
1.0 Interviews with (2) Applicants for the Bicycle/Pedestrian Advisory Committee and (2) Applicants for the Parks and Recreation Commission
Open Time for Public Expression
Ms. Sharon Fogel stated Creek Park gave her the opportunity to meet other San Anselmo residents.
Ms. Diana Davis, Madrone Avenue, stated she has lost confidence in representatives of the County and San Anselmo due to the handling of flood control issues and Creek Park.
Ms. Ellen Caldwell, Laurel Avenue, supported maintaining Creek Park Plaza. She was concerned that no information has been shared by the ad hoc committee.
Mr. Ross Asselstine discussed the poor management of Flood Zone 9 funds. Forty million dollars has been spent since 2010.
Ms. Carol Page stated elected officials have a legal obligation to be accountable to taxpayers when asked how funds are used. The Council has been asked repeatedly why Building Bridge 2 cannot be restored to public use.
Ms. Fran Farmer, Laurel Avenue, stated San Anselmo residents have paid over $9 million dollars to Flood Zone 9. The County has spent over $35 million on ineffective ideas and engineering reports with minimal results.
Mr. Jeff Kroot opposed the demolition of the plaza and listed some questions that should be reviewed at a community meeting.
2 Rosanne asked the Council to “reimage the Reimagine Park”. She supported more community space.
Ms. Ann Politzer, Brookside Drive, stated the residents of San Anselmo do not want the plaza demolished- put it back the way it was.
Mr. John Frane, Ross, stated he is distressed by the confusion surrounding the flood risk reduction project. He listed some questions and stated there are answers.
Abby supported increasing the fines for violations of the Heritage Tree Ordinance.
Mr. Guy Meyer stated the people of this state should not surrender their sovereignty to the agencies that serve them.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Vice Mayor Burke reported she did not have any committee meetings the past two weeks; she sat in on the Climate Action Commission meeting; attended the MCCMC meeting; would like to agendize a discussion meeting regarding the Town’s plans for the Creek Park Plaza. This suggestion was supported by the Council- the meeting should occur after the presentation from the County.
Councilmember Kullaway reported she attended the Arts Commission meeting; the Economic Development Committee meeting; the MCCMC meeting; the Open Space Commission meeting; the Climate Action Committee (CAC) meeting.
Councilmember Fineman reported she attended the Marin Clean Energy (MCE) meeting; two CAC meetings; yesterday’s Reimagine Creek Park Advisory Committee meeting did not happen due to technical difficulties.
Mayor Burdo reported the fence is down at Memorial Park and the park looks great, the Ribbon Cutting Ceremony will he held on Saturday, March 18th at 10:00 a.m. and everyone is invited; he is putting together a Community Coffee with Senator McGuire; he continues to have conversations with stakeholders about youth activities.
Special Presentation
Mayor’s Proclamation Recognizing Danny Krebs Upon His Retirement from the San Anselmo Planning Commission
Mayor Burdo presented former Planning Commissioner Danny Krebs with a Proclamation thanking him for his outstanding service to the Town of San Anselmo.
Mr. Krebs stated it was a pleasure to have served the Town and contribute to the community.
Mayor Burdo opened the meeting to public comments.
Mr. Allan Castle thanked Mr. Krebs for being a good role model.
Mr. Tim Heiman, member of the Planning Commission, stated he learned a lot from Mr. Krebs including taking a humanistic and holistic approach.
3 An individual appreciated Mr. Kreb’s acumen and decorum on the Commission.
Ms. Jennifer Asselstine, member of the Planning Commission, thanked Mr. Krebs for his perspective while on the Commission.
Ms. Susan Cronk, former Commission, stated they could always count on Mr. Krebs to be wise, balanced, and fair.
An individual thanked Mr. Krebs for all his hard work.
Mr. Tom Tunny, Chair of the Planning Commission, stated Mr. Krebs has taught him a great deal and in particular a sense of fairness.
Mayor Burdo closed the meeting to public comments.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- February 14, 2023
1.2 Town Council to receive and file the Revenue and Expenditure Reports, January 2023
1.3 Town Council approve the Recreation Fund Revenue and Expenditure Report for the period ending January 31, 2023
1.4 Town Council to Consider the Downtown Hanging Flower Baskets Funding Request for 2023
1.5 Consider approval of Resolution No. 4477 of the Town Council of the Town of San Anselmo opposing the proposed ballot measure: the Taxpayer Protection and Government Accountability Act
1.6 Consideration and approval of the Children for Change’s application
1.7 Consideration and approval of the application for the Longway Block Party sponsored by the Chamber of Commerce
Mayor Burdo opened the meeting to public comment.
Carol stated the Vice Mayor’s repeated requests for answers to her questions about Flood Zone 9 activities should not be ignored.
Ms. Lucy Dilworth, Oak Avenue, asked for the removal and continuation of item #1.5 to allow residents to read the text of the Act.
Mark and Chris supported item #1.7
Abby supported item #1.5
Mayor Burdo closed the meeting to public comments.
Town Manager Donery wanted to pull item #1.4 for discussion.
Mayor Burdo pulled item #1.7 for discussion.
4 M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.1, #1.2, #1.3 and #1.6.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
1.4 Town Council to Consider the Downtown Hanging Flower Baskets Funding Request for 2023
Town Manager Donery stated he would like to raise the Town’s contribution to $3,000.
M/s, Kallaway/Burke, Motion to approve Consent Calendar item #1.4 amending the donation to $3,000 to the San Anselmo Beautification Committee.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
1.5 Consider approval of Resolution of the Town Council of the Town of San Anselmo opposing the proposed ballot measure: the Taxpayer Protection and Government Accountability Act Vice Mayor Burke stated she is not sure the Town should take a position and she would like to hear from residents. She would like the item placed on an upcoming agenda.
Mayor Burdo stated he did not see the need to discuss this as a full agenda item.
Councilmember Kullaway stated residents will be able to vote on this issue in November and it is important to stand with the other Towns.
Councilmember Fineman stated there were things about the ballot measure that she supports but there are also some questionable aspects. She has no qualms opposing it.
M/s, Kallaway/Fineman, Motion to approve Consent Calendar item #1.5 AYES: Fineman, Kullaway, Mayor Burdo
NOES: Vice Mayor Burke
ABSENT: Colbert
1.7 Consideration and approval of the application for the Longway Block Party sponsored by the Chamber of Commerce
Mayor Burdo stated last year’s event was phenomenal !
Council Items
2. Adopt a Resolution to establish a Vehicle Miles Traveled CEQA Threshold of Significance Policy to Implement SB 743- This is exempt from environmental review under CEQA per California Public Resources Code 21080(b)(1) and CEQA Guidelines Section 15268(a) Planning Director Scoble presented the staff report.
Mr. Jimmy Jessup, representing Curacy, gave a PowerPoint presentation. He and Planning Director Scoble answered questions from the Council regarding multi-family units near a shopping center; if the maps change when there are changes in infrastructure; if they would be requiring a net VMT reduction of 10% or 15%; if they would use the County ‘s average to determine the VMT for a proposed project; if a consultant would be hired to apply the County’s tools; if electrification and electric vehicles are taken into account; projects that are inconsistent with MTC Plan Bay Area 2050; partial vs. total VMT; how mileage driven out of Town boundaries is calculated; how a service such as DoorDash is counted; how decisions about 5 options are made when a project triggers a Mitigated Negative Declaration; can bicycle facilities count as a mitigation measure; projects that would not meet the screening threshold if MTC Plan Bay Area 2050 criteria are met; the flow chart defining a project under CEQA.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke supported the resolution but wanted to remove the reference to consistency with MTC Plan Bay Area 2050- it is not necessary.
Councilmember Kullaway stated there were section in the Plan Bay Area 2050 document that would be applicable and she is not sure this should be removed.
Councilmember Fineman referred to the reference to Plan Bay Area 2050 and suggested the following language: “substantially” inconsistent. She suggested an amendment to the following language: “replacing affordable units with a smaller or equal number of market rate units.” The screening threshold for affordable residential development projects (100% affordable) could be lowered. The other piece is senior housing which generally has very low VMT.
Vice Mayor Burke stated the second suggestion might not allow for remodeling or upgrading of current affordable projects.
Mayor Burdo supported the change from Level of Service (LOS) to Vehicle Miles Travelled (VMT). The opportunity is with affordable housing. He supports the suggestions made by Councilmember Fineman. He would like to remove the reference to consistency with Plan Bay Area 2050 and create their own local measures.
M/s, Burke/Fineman, Motion to adopt Resolution No. 4478 to establish a Vehicle Miles Traveled CEQA Threshold of Significance Policy to Implement SB 743 with the following changes: 1) Screening thresholds number four shall read: “Affordable residential development projects containing 50% or more affordable residential development”; 2) Addition of a sixth item that says “Residential development dedicated for senior housing”; 3) Removal of the reference to consistency with MTC Plan Bay Area 2050.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
M/s, Burke/Kallaway, Motion to continue item #3 to the March 14th meeting.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
The Council took a 5-minute break at 9:33 p.m.
3. Receive presentation and provide direction on staff list of priority projects for the American Rescue Plan Act and State and Local Fiscal Relief Funds This is not considered a “project” under CEQA per California Public Resources Code Section 21065 Mayor Burdo stated this item has been continued to the March14th meeting.
4. Receive and File an Update on Shared Service and Leadership Study for the Ross Valley Fire Department This is not considered a “project” under CEQA per California Public Resources Code Section 21065
6 Ross Valley Fire Chief Weber and consultants Jim Irving and Adam Politzer presented a report and a PowerPoint presentation. They answered questions from the Council regarding how long an initial agreement would last and what the next transition level would look like; the transition of administrative personnel.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated she supported a Joint Powers Agreement that would potentially lead to a Joint Powers Authority (JPA). It makes the most sense.
M/s, Burke/Kallaway, Motion to ask the Fire Board representatives to let the Ross Valley Fire Board know that the Town Council would like to enter into a Joint Powers Agreement with Central Marin Fire with the hope that it would lead to a Joint Powers Authority (JPA).
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
5. Discuss and provide direction to staff regarding murals in the Town of San Anselmo This is not considered a “project” under CEQA per California Public Resources Code Section 21065
Assistant Town Attorney Longfellow presented a staff report. Staff answered questions from the Council regarding if the Town could require a Request for Proposal (RFP) process for public and commercial spaces but allow for an application process for private property; time, place, and lighting qualifications.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Mayor Burdo stated this could be done similar to the Utility Box Project- through an RFP, identification of locations beforehand, development of a theme and criteria, etc. They could include private property at a later date.
Councilmember Kullaway stated she favored an RFP process for public and private spaces.
Councilmember Fineman supported moving forward with an RFP process for both public and private sites. She favors a permitting approach for private sites including commercial.
Vice Mayor Burke stated they might want to start with the RFP process in public and commercial spaces. She supported an application process for private sites. A variety of expression is beneficial and she is not concerned about the lack of control.
It was the consensus of the Council to support an RFP process for Town owned property, an RFP and/or application process for commercial sites, and to hold off on a decision on private sites.
7 Town Manager Donery stated staff would submit a more formal report at an upcoming meeting.
6. Consider to appoint one (1) applicant to the Parks and Recreation Commission and one (1) Applicant to the Bicycle and Pedestrian Advisory Board (BPAC) This is exempt from environmental review under CEQA per California Public Resources Code 15061.
Town Clerk Avila presented a staff report and noted the request is for an appointment to the BPAC only at this time.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
It was the consensus of the Council to appoint Ted Fehlhaber to the Bicycle and Pedestrian Advisory Committee.
M/s, Burke/Fineman, Motion to adjourn the meeting at 10:31 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary