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Agenda

San Anselmo City Council
April 11, 2023

Document
Agenda
Meeting
April 11, 2023
Body
San Anselmo City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sananselmo-ca.granicus.com. That file is the official record.

I.

A. Call to Order in the Council Chambers at Town Hall- 525 San Anselmo Avenue, San Anselmo CA 94960- 6:20 PM B. Mayor Burdo announces that item B.1 will be discussed in Closed Session B.1. Closed Session Held Pursuant to California Government Code Section 54956.9 (d) (1): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION; Name of case:

In re National Prescription Opiate Litigation
, Northern District of Ohio, Case  No. 1:17-MD-2804 (National Opioid litigation involving Teva, Allergan, CVS, Walgreens, and Walmart) C. PUBLIC COMMENT on Closed Session Items
D. Adjourn to Closed Session
II.

Interviews for the Infrastructure and Fiscal Monitoring Committee - 6:30 PM 6:30 PM- Stanley Radtke- Infrastructure and Fiscal Monitoring Committee 6:40 PM- Marie Henrio- Infrastructure and Fiscal Monitoring Committee 6:50 PM- Erik Selvig- Infrastructure and Fiscal Monitoring Committee Stanley Radtke - Application with Resume
Marie Henrio - Application with Resume
Erik Selvig - Application no Resume
Call to Order. Optional Pledge of Allegiance: The Mayor or a designated Council member will recite the Pledge of Allegiance for members of the Council and the public who wish to join in the recitation.

Open time for public expression.

The public is welcome to address the Council at this time on matters not on the agenda that are within the jurisdiction of the Council. Please be advised that pursuant to Government Code Section 54954.2, Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than three minutes and should be respectful to the community.

Public Comment
Public Comment- Reed
Public Comment- Barham
Public Comment- Meservey
Public Comment- Notowich
Council requests for future agenda items.

Council committee liaison reports, questions and comments to staff; staff miscellaneous items.

1. Consent Agenda:

The opportunity for public comment on consent agenda items will occur prior to Council discussion of the consent agenda. The Council may approve the entire consent agenda with one action. In the alternative, items on the consent agenda may be removed by any Council or staff member, for separate discussion and vote.

1.1 Approval of the Draft Minutes of the Town Council meeting of March 28, 2023 Draft Minutes 23-67
Approve Minutes
Staff Report
Attachment 1- Draft Minutes

1.2 Report of Warrants Issued, March 2023
23-64
That Council acknowledges and file warrant numbers 95582 to 95725 issued during the month of March 2023 and bank draft numbers DFT04197, DFT04306-DFT04307, and DFT04324 in a total amount of $1,261,915.

Staff Report
Attachment 1 - Check Report - March 2023

1.3 Adopt a Resolution to Proclaim April 2023 as Fair Housing Month. 23-49
Adopt a Resolution
Staff Report
Attachment 1- Resolution- Fair Housing Month Proclamation

1.4 Consider canceling the regular Town Council meetings scheduled for July 11, August 8, November 21 and December 19, 2023. 23-62
Approve
canceling the regular Town Council meetings scheduled for July 11, August 8, November 21 and December 19, 2023.

Staff Report

1.5 Adopt a Resolution Designating the Town Council to Make a Determination of Public Convenience or Necessity for the Issuance of Alcohol Licenses. The item is not subject to CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines because it does not constitute a “project” 23-48
Adopt a Resolution
Peak Staff Report
Attachment 1- Resolution
Attachment 2- Letter from the California Department of Alcoholic Beverage Control dated January 23, 2023 Attachment 3- Sample Public Convenience and Necessity Letter Attachment 4- Determination Information Sheet and Application

1.6 Adopt an Ordinance Amending the Town’s Single-Use Foodware Regulations and find that Adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15061(b)(3), 15307 and 15308 23-39
Adopt the attached Ordinance entitled, “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) ”.

Staff Report
Attachment 1- Draft Ordinance

1.7 Consider to approve proclamation for 2023 National Library Week 23-66
Proclaim April 23-29, 2023, as National Library Week
Staff Report
Attachment 1 Proclamation

1.8 Authorize the Mayor to sign a letter of opposition to Senate Bill 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion in accordance with the League of California Cities Action Alert. 23-68
Authorize the Mayor to sign a letter of opposition to Senate Bill 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion in accordance with the League of California Cities Action Alert.

Staff Report
Attachment 1 - Draft Letter of Opposition to SB 423
Attachment 2 - Full Text of SB 423

2. Public Hearing:

In general, the following procedural order applies to public hearing items:
•Disclosure of Ex Parte communications (Appeals)
•Staff Presentation
•Town Council Questions
•Applicant/Appellant Presentations – 10 minutes per "team" (Appeals) •PUBLIC COMMENT – limited to 3 minutes/person
•Appellant/Applicant rebuttals – 5 minutes per "team" (Appeals) •Town Council discussion/action
2A.

Introduction and first reading of Amendments to the San Anselmo Municipal Code to Section 10-3.607
, Nonconforming uses and improvements,
Section 10-4.206
, Nonconforming Structures and Exceptions to standards, and add a Section 10-3.405, Minor Intrusions into Required Development Standards for Residential Properties Table 4B to allow the repair and/or replacement of foundations for legal nonconforming residential structures. Adoption of the Ordinance and Policy Application memo is exempt from the California Environmental Quality Act (CEQA) under the “common sense” exemption CEQA Guideline section 15061(b)(3) because it can be seen with certainty that there is no possibility that it will have a significant environmental effect.  The project is also exempt from CEQA Guideline Section 15301 for minor alterations of existing residences involving negligible or no expansion of use beyond that already in existence. 23-52
Introduce and waive the first reading of the Ordinance
Staff Report
Attachment 1- Ordinance
Attachment 2- Draft Policy Application Memo of Section 10-3.405, Table 4B, for Foundation Repair and Replacement Attachment 3- Planning Commission Resolution 2023-04
Attachment 4- March 6, 2023 Planning Commission Agenda Item No. 6.A Staff Report and Attachments Attachment 5- March 6, 2023 Planning Commission Meeting Minutes Excerpt for Agenda Item 6.A

3. Council Business Items:

In general, the following procedural order applies to items of business:
•Presentation
•Town Council questions
•PUBLIC COMMENT – limited to 3 minutes/person
•Town Council discussion/action
3A
Amendment of Town Master Fee Schedule to Include Fees for Private Parklets in the Public Right-of-Way.

The fees authorized by this Resolution are exempt from the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption, CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment. Additionally, the underlying Parklet Program is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), as a minor alteration to existing public or private facilities involving negligible or no expansion of existing use. 23-63
That the Town Council adopt the Resolution amending the Town’s Master Fee Schedule to include a Private Parklet Application Fee and a Private Parklet Encroachment User Fee.

Staff Report
Attachment 1 - Resolution
Public Comment- Quinones
3B
Review and provide feedback on staff’s preliminary fiscal year 2023-2024 Measure J allocation plan.  The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065). 23-72
That the Town Council review and provide feedback on staff’s preliminary fiscal year 2023-2024 Measure J allocation plan.

Staff Report
Attachment 1 - Draft Measure J Allocation Plan 2023.24
Public Comment- Yanow
Public Comment- Miles
Public Comment- Oblites
Public Comment- Giampaoli
3C
2023-2025 Work Plan Priorities.

Receiving the presentation on the Town’s Work Plan is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065). 23-65
Receive report and provide input at a future meeting.

Staff Report
Attachment 1 - Work Plan Priorities 2023-25 - By Dept.docx Attachment 2 - Work Plan Priorities 2023-25 - By Category.xlsx 3D
Consider to reappoint (3) three incumbents to the Infrastructure and Fiscal Monitoring Committee. The proposed decision is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant negative effect on the environment. (Cal. Code Regs. tit. 14, § 15061). 23-70
Consider to reappoint
Staff Report
Attachment 1- Stanley Radtke- Application with Resume
Attachment 2- Marie Henrio- Application with Resume
Attachment 3- Erik Selvig- Application no Resume
Attachment 4 -Board and Commission Status Report
Adjourn
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Staff at email [email protected]
. Notification at least 48 hours prior to the meeting will enable the Town to make reasonable accommodation to help insure accessibility to this meeting.

Any writings or documents provided to a majority of the Town Council regarding any item on this agenda after the distribution of the original packet will be made available for public inspection at the public counter at Town Hall located at 525 San Anselmo Avenue.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. If any of these matters above are challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. Judicial review of an administrative decision of the Town Council must be filed with the Court not later than the 90th day following the date of the Council’s decision (Code of Civil Procedure Section 1094.6) Any item not under discussion before 10:00 p.m. may be continued to the next regular meeting. Next regular meeting is {enter date of next meeting} Administration Department
Town Hall, main floor
525 San Anselmo Avenue
San Anselmo, CA 94960
(415) 258-4691
Town Council
Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Brian Colbert, Councilmember
Alexis Fineman, Councilmember
Tarrell Kullaway, Councilmember
Staff
David Donery, Town Manager
Linda Kenton, Assistant Town Manager / Town Librarian
Megan Holt Acevedo, City Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Dannielle Mauk, Community Services Director
Mike Norton, Chief of Police
Jason Weber, Fire Chief

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the Town of San Anselmo website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

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