1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and Via teleconference
Tuesday, March 28, 2023
Four Councilmembers conducted interviews starting at 6:30PM Councilmember Colbert arrived at 6:54PM
1.0 Interviews with (2) Applicants for the Economic Development Committee- Benedetto Cico, Rebecca Bugas, and (1) Applicant for the Parks and Recreation Commission- Ivy Tzur.
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
Brian Colbert
Alexis Fineman
Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Sean Condry, Public Works Director
Serge Avila, Town Clerk
Jeff Zuba, Finance Director
Danielle Mauk, Recreation Director
Maddie O’Grady, Recreation Coordinator
Sean Youra, Climate Action Coordinator
Open Time for Public Expression
Ms. Sue Saunders discussed the funding and tax credits available to electrify homes through the Inflation Reduction Act and other forms of rebates. These apply to gas water heaters, panel upgrades, and other items.
Doug Ryan, Ross, asked the Council to be more transparent with respect to flood control issues.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Mayor Burdo stated he attended the reopening of Memorial Park which included opening day for Softball and Little League; a Special Meeting of the Central Marin Police Authority (CMPA) Board; the Yellow Bus JEPA meeting; the Parks and Recreation Commission meeting; the Longway Block Party; the Annual Elected Women’s Luncheon sponsored by the Marin Women’s Political Action Committee.
Vice Mayor Burke reported she attended the opening of Memorial Park and was honored to hold 2 one end of the giant scissors; stated she would love to be involved with the ebike situation; would like to see a mini hoop installed somewhere in Town.
Councilmember Kullaway reported she attended the CMPA Special Meeting; the Economic Development Committee meeting; the Climate Action Commission (CAC) meeting; was opposed to the prohibition of different types of ebikes at Memorial Park.
Councilmember Fineman reported she attended the Marin Clean Energy (MCE) Board of Directors meeting; the Marin Wildfire Prevention Authority (MWPA) meeting; the Marin County Council of Mayors and Councilmembers (MCCMC) Climate Action Commission meeting; the Town of San Anselmo CAC meeting; the Women’s History Month Event at Wade Thomas School; met with the Goat Grazing Subcommittee of the Open Space Commission; observed ebike enforcement at Memorial Park and asked staff for some data regarding the number of tickets, demographics, etc.
Councilmember Colbert reported he attended the opening of Memorial Park; the Longway Event; the Yellow Bus meeting; the Transportation Authority of Marin (TAM) meeting; was appointed to the State Route 37 Policy Committee; spoke to the 8th grade class of the Marin Country Day School and covered a variety of topics.
Town Manager Donery stated staff has scheduled a Community Forum for April 22nd regarding youth related issues including ebikes. He discussed the enforcement of the “No motorized vehicles” policy after some issues that were encountered during opening day. Staff plans to take a look at the rules pertaining to Memorial Park and other parks in Town.
Public Works Director Condry gave an update on the slide at Redwood Road. He displayed a photograph depicting the growing offset of the road and discussed the emergency repairs that will occur over the next few weeks. He reported that a number of trees have come down during the storms and an assessment will be made of some of the older Oak trees in Town.
Special Presentation
Mayor’s Proclamation Recognizing March as the American Red Cross Month Mayor Burdo read the Proclamation.
Ms. Lois Roth, Co-Chair of the Marin County Red Cross, thanked the Council for the recognition.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- March 14, 2023
1.2 Special Event Application: Friends of Robson Spring Fundraiser 2023
1.3 Special Event Application: Chamber of Commerce Sip ‘n Stroll Fundraiser- 2023
1.4 Approve the 2023 Slurry Seal project and authorize staff to advertise for construction bids
1.5 Approve the 2023 Street Reconstruction Project and Authorize staff to advertise for construction bids
1.6 Consider having San Anselmo be represented as a signer in a California Community 3 Choice Association letter urging the California Legislature to address the state’s interconnection crisis and ensure timely equitable access to the electrical grid Councilmember Kullaway wanted to pull item #1.3 for discussion.
Vice Mayor Burke wanted to pull item #1.2 for discussion.
Mayor Burdo opened the meeting to public comments
There were no comments.
Mayor Burdo closed the meeting to public comments.
M/s, Burke/Fineman, Motion to approve the Consent Calendar items #1.1 and #1.4 through #1.6
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1.2 Special Event Application: Friends of Robson Spring Fundraiser 2023 Vice Mayor Burke stated she supports this event. She would like to put a hold on the 2021 Work Plan and ask the group to come back with a new work plan.
Recreation Director Mauk stated the Friends of Robson recently went before the Parks and Recreation Commission and the Commission asked for submittal of a new work plan by October.
M/s, Burke/Fineman, Motion to approve Consent Calendar item #1.2 as presented.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1.3 Special Event Application: Chamber of Commerce Sip ‘n Stroll Fundraiser- 2023 Councilmember Kullaway stated this looks like a fantastic event but she is concerned about alcohol, sidewalks, and not closing the streets.
M/s, Burke/Colbert Motion to approve Consent Calendar item #1.3.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Council Items
2 Receive presentation by the Marin County Flood Control District of the status of the San Anselmo Flood Risk Reduction (SAFRR) Project.
This is not considered a “project” under CEQA per California Public Resources Code 21065
County Supervisor Katie Rice thanked the Council for the opportunity to make this presentation.
The temporary platform served a great purpose during COVID and they are looking forward to getting this flood risk reduction and habitat and creek restoration project done.
County Director of Public Works Rosemarie Gaglioninni and Assistant Public Works Director and Flood Plain Administrator Berenice Davidson gave a PowerPoint presentation. They answered questions from the Council regarding if the baffle is still an option; if the baffle would provide mitigation or add any flood risk benefit; the reason for the change in the cost of mitigation (from $10 to $15 million to $2 to $3 million); if the model was prepared by Stetson and if it has been approved by FEMA; if Stetson’s current model would lower or raise the base flood elevation for the twenty downstream properties; how they would move forward when the 4 Winship Bridge project does not have funding; when the model would be re-run and the County would be prepared to go to FEMA; if there would be additional properties that need to be mitigated if the Winship Bridge is not removed; if mitigation would include raising homes one foot above the Base Flood Elevation and installing FEMA compliant vents; when the issues regarding the structural integrity of Building Bridge 2 were first brought up; if the baffle design would be shared with FEMA; if there is consideration by the County to alter the fence given the new information; why the 2D model is better than the 1D model in this situation; if the colored maps were generated using the 2D model; if the 1D model was at one time the prevailing model; if there were twenty parcels that are going to experience a rise in Base Flood Elevation (BFE); if surveys need to go through a bureaucratic process; the scenarios for properties where the remedy it is less clear; what happens to electrical equipment that is below the BFE; when the demolition would occur; the decision to not pursue the emergency demolition process; the grant timeline; the letter and sign-off by the local flood plain administrator; if the project would move forward if FEMA says it, including the proposed mitigations, would cause an unmitigated rise; if impacted homeowners would receive a check from FEMA if the mitigations are not effective; what degree of completion has to happen in terms of the mitigation before the structure is removed; when the County received the information that the grant would be rolled over into the next cycle; if a court could issue an injunction with respect to the work; what would happen if the Town removed itself from Flood Zone 9; if FEMA is required to adopt the district model; the review process for unsatisfied homeowners; how often audits occur; what the strain gauge indicates for Building Bridge 2; alternative #3 in the EIR.
The Council took a 5-minute break at 9:09 PM.
Council reconvened at 9:15PM.
Mayor Burdo opened the meeting to public comments.
Mr. Gerald Page stated this is a limited study area and the twenty parcels could not be mitigated with $3 million. There are houses that have never flooded that would flood in this current proposal. The commercial buildings in San Anselmo should be protected.
Mr. John Crane asked the Council to hold firm on getting answers to their questions before moving forward with the project. The number of residential homes and businesses requiring mitigation if not known and therefore the budget for mitigation is unknown.
Mr. Ford Green, Sir Francis Drake Boulevard, stated the EIR for this project indicates that a No Rise Certification may be required. The document does not define this term or explain the scope. The County cannot comply with the No Rise demands- No Rise sinks the project.
Mr. Doug Ryan, Ross, discussed his meeting with County and Town representatives. The No Rise FEMA requirement is the basis for this project.
Ann stated removing Building Bridge 2 would create a downstream water rise of four inches.
FEMA mandates a zero water rise and requires the County to provide mitigation for affected downstream properties.
Mr. Josh Blickersnider asked which properties and the number of people that would qualify for mitigation.
Mr. Jeff Kroot, Crescent Road, stated his office is on San Anselmo Avenue. There are four engineer reports that said the bridge could be saved for a fraction of the cost to remove it. The project would destroy a wonderful park and is absurd. He suggested this issue be put on a ballot so San Anselmo residents can decide on the project.
5 Ms. Fran Farmer, Laurel Avenue, stated the County is being very cavalier about the costs. She loves the platform and Creek Plaza as it is. She stated the bridge should be repaired and not removed.
Mr. Ross Asselstine, San Anselmo Avenue, stated Flood Zone 9 has spent $34 million as of June, 2021 which includes $12 million for staff and $16 million for consultants. The amount of money spent to date is $52 million. He is going to pursue an investigation.
Mr. Pat Townsley, owner of Creekside Pizza, wanted to hold people accountable for their actions. He was concerned about the businesses that were removed due to the proposed project.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated they do not have the information they need and the County has few answers about funding, costs, timelines, mitigations, and options. She asked the County to be transparent about information submitted and obtained from FEMA.
Councilmember Colbert thanked the County for their presentation and stated they responded to tonight’s questions. He moved to the Town in 2013 and at that time it was directionless and lacked forward-thinking vision. There is a link between flood mitigation and economic vitality and San Anselmo’s downtown is critical for the tax base. He encouraged the County to move as expeditiously as possible.
Councilmember Fineman agreed there were many questions partly due to the lack of information. She would like to know when the survey of the twenty parcels would occur so they could get a more complete picture of the mitigation costs and impacts. She is skeptical about the timeline and concerned about the delays and the costs.
Mayor Burdo agreed with the comments by Councilmember Fineman. They need a more complete picture of the costs. He is skeptical of the timeline. He wants to underscore his main concern- getting actual flood relief and mitigation for San Anselmo residents and businesses.
They have not made enough progress on flood mitigation.
3. Introduce an Ordinance Amending the Town’s Single-Use Foodware Regulations and Approve an Agreement with the County for Enforcement of those Regulations; This item is exempt from CEQA per CEQA Sections 15061(b)(3), 15307, and 15308.
Climate Action Coordinator Youra gave a staff report and a PowerPoint presentation. He answered questions from the Council regarding whether enforcement activities would be made public; how much enforcement is being done by the Town.
Mayor Burdo opened the meeting to public comments.
Ms. Brigit Clark stated she attended the Wade Thomas’ Children for Change event. The students care about the environment including animals and waterways. She displayed some posters prepared by the students.
Ms. Jane McDonough, Brookside Drive, supported the ordinance- it is very important.
Mr. Pat Townsley owner of Creekside Pizza, is an advocate for environmental consciousness and supports the ordinance. It should apply to all businesses. 6 Ms. Ingrid Walstrom, a Junior at Archie Williams High School and Youth Commissioner on the San Anselmo Climate Action Commission, stated she is concerned about plastic pollution.
Ms. Kim Corona, member of Plastic Free Marin, stated the ordinance could be improved but she supported it.
Mayor Burdo closed the meeting to public comments.
Mayor Burdo stated a similar ordinance has been on the books for quite some time. This ordinance goes a bit further than the County’s ordinance with respect to polystyrenes and enforcement in private schools.
Councilmember Fineman stated the provisions of the ordinance can be burdensome but are the right things to do. She brought up the issue of big box stores and suggested a different fee and fine schedule for businesses with over 50 employees. She is concerned with the enforcement piece and would like the County to make the process public.
Vice Mayor Burke stated she is not sure this is a step forward since it does not seem different from the existing ordinance. She supports the ordinance and stated it could be tweaked in the future.
Councilmember Colbert stated the attempt is to create harmony across all the jurisdictions making enforcement easier. He hoped that the concerns of small businesses will be addressed.
He supports the ordinance.
M/s, Fineman/Colbert, Motion to introduce an ordinance of the Town Council of the Town of San Anselmo Amending Title 5, Chapter 10 of the San Anselmo Municipal Code, Single Use Foodware.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo M/s, Fineman/Colbert, Motion to approve the agreement with the County for enforcement of those regulations.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo M/s, Burke/Kullaway, Motion to continue agenda items #4 and #5 to the next meeting.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Councilmember Colbert left the meeting.
4. Receive the 2023-2025 Work Plan Priorities Input at a Future Meeting This is not considered a project per Public Resources Code Section 21065
Mayor Burdo stated this item has been continued to the next meeting.
5. That the Town Council consider options related to the interview and appointment process for Town Boards, Commissions, and Committees and provide direction to staff.
This is not considered a “project” under CEQA per California Public Resources Code 21065 Mayor Burdo stated this item has been continued to the next meeting.
6. Consider to reappoint (2) two incumbents to the Economic Development Committee and (1) one applicant to the Parks and Recreation Commission.
The proposed decision is exempt from CEQA review under the “common sense” exemption. 7 Town Clerk Avila presented a staff report.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments
M/s, Burke/Kullaway, Motion to reappoint Benedetto Cico and Rebecca Bugas to the Economic Development Committee.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
M/s, Burke/Fineman, Motion to appoint Ivy Tzur to the Parks and Recreation Commission.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
M/s, Burke/Fineman, Motion to adjourn the meeting at 10:42 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary