1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, April 11, 2023
Mayor Burdo called the Closed Session to order at 6:20 p.m. at the Town Hall Council Chambers.
Closed Session held pursuant to 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, CAS, Walmart, and Walgreens)
Mayor Burdo opened the meeting to public comments regarding the Closed Session.
There were no comments.
Mayor Burdo closed the meeting to public comments regarding the Closed Session.
The Council adjourned to closed session and left the Council Chambers.
Council reconvened in the Council Chambers to conduct Interviews.
Council conducted Interviews for the Infrastructure and Fiscal Monitoring Committee:
Stanley Radtke, Marie Henrio, Erik Selvig
Mayor Burdo opened the meeting to Open Session.
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
Megan Acevedo, Town Attorney
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Serge Avila, Town Clerk
Linda Kenton, Assistant Town Manager
Dannielle Mauk, Recreation Director
Maddy O’Grady, Recreation Coordinator
Mayor Burdo announced that in Closed Session the Council voted unanimously to opt into the National Opioid Settlements with Teva, Allergan, CAS, Walmart, and Walgreens and direct any settlement proceeds to the County for its Opioid Abatement Programs and to authorize the Town Attorney to take all necessary steps to carry out this action.
2 Open Time for Public Expression
Ms. Diana Davis, San Anselmo, stated Supervisor Katie Rice was at the last Council meeting to listen to the County presentation of its Flood Control Plan. Supervisor Rice left when the public comments started- not a good look for any elected representative. Flooding in downtown San Anselmo is inevitable.
Mr. Walter Zerby, San Anselmo, stated he was recently given a citation for riding his ebike in Memorial Park. He opposed the prohibition of riding bikes in the park.
Mr. Robert Reed agreed with Mr. Zerby.
Mr. Guy Meyer, San Anselmo, referred to the Reimagine Creek Park Project and opposed Redwood decking under Redwood trees, widening the concrete paths, and the concrete walls.
He opposed the ministerial review of housing developments.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Kullaway reported she would like to revisit the motorized vehicle language in parks and thought the 30-day trial period was putting people in danger; she would like to revisit the Parking Study and subsequent recommendations.
Vice Mayor Burke reported she attended the Priority Committee meeting; received a lot of feedback about the ebike citations issued in Memorial Park and hoped the rules would be amended soon; the Friday Night Flashlight Egg Hunt was very cool and the Saturday Egg Hunt was a great community event; reported a petition was submitted to place on the ballot the decision on whether to leave Flood Zone 9.
Councilmember Fineman reported she attended the Racial Equity Ad Hoc Committee meeting; the Infrastructure and Fiscal Monitoring Committee (IFMC) meeting; supported a re-examination of the ebike policy; asked staff to present options for well monitoring and information regarding water tables.
Mayor Burdo reported he attended the Friday and Saturday Egg Hunt Events; the Racial Equity Ad Hoc Committee meeting; the Local Agency Formation Commission (LAFCO) meeting; announced the Community Meeting would be held on April 22nd at 11:00 a.m. at the Isabel Cook Center’s Vista Room.
Town Manager Donery stated staff is working on presenting an update on the Parking Study in May. Re-examination of the ebike rules will be presented to the Parks and Recreation Commission and then the Council.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- March 28, 2023
1.2 Reports of Warrants Issued, March 2023
1.3 Adopted Resolution No. 4480 to Proclaim April 2023 as Fair Housing Month
1.4 Consider cancelling the Regular Town Council meetings scheduled for July 11, August 8, November 21, and December 19, 2023
3 1.5 Adopted Resolution No. 4481 Designating the Town Council to Make a Determination of Public Convenience or Necessity for the Issuance of Alcohol Licenses
1.6 Adopted Ordinance No. 1175 Amending the Town’s Single-Use Foodware Regulations and Find the adoption of this Ordinance is exempt from the requirements of CEQA
1.7 Consider to Approve Proclamation for 2023 National Library Week
1.8 Authorize the Mayor to sign a letter in opposition to Senate Bill 423 (Weiner) Streamlined housing approvals: multifamily housing developments: SB35 Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Kullaway wanted to pull item #1.8 for discussion.
M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.1 through #1.7.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
1.8 Authorize the Mayor to sign a letter in opposition to Senate Bill 423 (Weiner) Streamlined housing approvals: multifamily housing developments: SB35 Councilmember Kullaway stated a letter from San Anselmo will not sway things in the long run.
The letter was contrary to item #1.3. She supported the creation of fair, affordable housing.
Councilmember Fineman thought these letters were counterproductive.
Mayor Burdo agreed with Councilmembers Kullaway and Fineman.
Vice Mayor Burke stated one letter does not have much impact but a lot of letters could have an impact. Signing this letter does not mean they are against affordable housing- it is about local control over how affordable housing is implemented. She approved signing the letter.
Councilmember Fineman agreed- she is happy to sign or not sign the letter.
M/s, Burke/Fineman, Motion to approve Consent Calendar item #1.8.
AYES: Fineman, Vice Mayor Burke, Mayor Burdo
NOES: Kullaway
ABSENT: Colbert
Council Items
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, Non-conforming 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 non-conforming residential structures.
This item is exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15301
4 Planning Director Scoble presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding if foundation replacement or repair triggers a “substantial remodel”; how this interfaces with height limits; if this applies to new homes; how staff plans to get the word out.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman stated this is a good example of a win-win situation. People should be able to adapt property in a way that makes sense. She has a slight concern with the impact to views. She is ready to move forward.
Vice Mayor Burke stated this is a good idea and the view and sight line issue is important. The need to raise a house four feet would probably be the exception and properties subject to these amendments would be in the flat areas of Town. She supports these amendments.
Councilmember Kullaway supported the amendments.
Mayor Burdo stated notification to residents is very important.
M/s, Burke/Kullaway, Motion to Introduce and Waive First Reading of an Ordinance of the Town Council of the Town of San Anselmo Amending Title 10 to Amend Chapter 3, 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.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
3A. Amendment of Town Master Fee Schedule to Include Fees for Private Parklets in the Public Right-of-Way
This item is exempt from CEQA review per CEQA Guidelines Section 15061(b)(3) and 15301(c)
Public Works Director Condry presented the staff report and a PowerPoint. Staff answered questions from the Council regarding if there have been discussion about where the fees will go (General Fund, etc.); if there has been thought to the additional taxes collected in these areas; if thought had been given to lowering the administrative cost after one year; how the installation of chairs on the sidewalks interface with the parklets; if there are any current applicants; how they should deal with the other types of use of outdoor spaces (Taco Janes, etc.); if there could be a pro-rated fee for a parklet that cuts a parking space in half; how to deal with two businesses sharing a parklet and any change in that relationship; how the Town would deal with noncompliance with the take-out/the plastics ordinance in a parklet; if fees would be pro-rated in the event of the abatement of use; if the start of this provision would be on a calendar or fiscal year.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
5 Vice Mayor Burke would like to look at the use of chairs on sidewalks and perhaps bring that in line with what is being proposed for parklets. This fee schedule strikes the right balance. She has concerns about getting too many parklets and the impact to the streets.
Councilmember Fineman supports this proposal and would like to move from two spaces to one. She brought up the concept of an annual escalator (3%, 5% etc.) and recirculating the funds into revitalizing the downtown.
Mayor Burdo supported the proposal and suggested considering a “hardship waiver”. He wanted a percentage to go to the revitalization of the downtown.
Councilmember Kullaway suggested they discuss the use of the funds in conjunction with the future discussion of parking.
M/s, Burke/Kullaway, Motion to Amend the Resolution- 2A shall read as follows: “The Annual Parklet Encroachment fee shall be $2,500 per space”.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
3B. Review and provide feedback on staff’s preliminary Fiscal Year 2023/24 Measure J Allocation Plan.
Finance Director Zuba presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the survey results; the allocation for Building Bridge 2; how staff came up with the categories with list of items; next steps; when the projections of the IFMC would be introduced to the Council; when the 5-Year Capital Improvement Budget would be presented to the Council; a separate road maintenance fund and the percentage breakdowns; the current Pavement Condition Index (PCI); percentage allocated for bike/pedestrian improvements; the process for getting projects from the Bicycle/Pedestrian Advisory Committee to the Council.
Mayor Burdo opened the meeting to public comments.
Pastor Miles spoke in favor of a crosswalk at Sais Avenue.
Mr. Michael Cameron, Climate Action Commission, had a couple of questions and stated the Commission would be submitting its priority list.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated she is not comfortable assigning percentages without balancing them with the survey results. She would like to see what other revenue sources are available for these projects, the costs, timeframes, and how much has been allocated in the past. This will help the Council to prioritize. She is not sure they should reserve Building Bridge 2 funds- they do not know what is going to happen.
Councilmember Fineman stated the survey results showed the top three issues as follows:
roads, drought, and fire. She supported pulling Station 19 repairs out and having that as a separate category. Water storage and green infrastructure are also important. She agreed with Vice Mayor Burke’s desire for a “bigger picture”. She would like to have a specific percentage go towards active transportation.
Councilmember Kullaway supported the request for a crosswalk at Sais Avenue. She agreed with the comments made by Councilmember Fineman.
6 Mayor Burdo stated this is a great list to start the discussion. He supported a crosswalk at Sais Avenue, the Solar Resiliency Hub, pulling out the Station 19 repairs, tennis court (and Pickleball) improvement, additional EV charging where appropriate, and the ADA bathroom at Robson.
3C. 2023-2025 Work Plan Priorities
This is not considered a “project” under CEQA per California Public Resources Code Section 21065
Town Manager Donery and Assistant Town Manager Linda Kenton presented a staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the process and timeframe; if the Measure J discussion incorporates the Work Plan adequately; if the intent is to come up with doable goals; how staff came up with the categories of service; things that go into the Work Plan vs. other projects in the “pipeline”; the appropriate way for the Council to contribute to this document.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke noted the items were department specific and she looked forward to the Council working together. She will send comments to staff.
Mayor Burdo wanted to add the following: Looking through the lens of equity and an exanimation of Building Department fees by comparing them to other jurisdictions.
Town Manager Donery thanked the Council for the feedback and looked forward to their emails. 3D. Consider to reappoint three (3) incumbents to the Infrastructure and Fiscal Monitoring Committee
This is exempt from environmental review under CEQA per California Public Resources Code 15061.
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 appoint Stanley Radtke, Marie Henrio, Erik Selvig to the Infrastructure and Fiscal Monitoring Committee.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
M/s, Burke/Fineman, Motion to adjourn the meeting at 9:10 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary