1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, April 25, 2023
Interviews for Climate Action Commission- 6:50 p.m.
The Council interviewed Kathleen Gundry.
Call to Order at 7:00PM in the Council Chambers. 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
Emily Longfellow, Assistant Town Attorney
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Erica Freeman, Building Official
Serge Avila, Town Clerk
Linda Kenton, Assistant Town Manager
Dannielle Mauk, Recreation Director
Maddy O’Grady, Recreation Coordinator
Open Time for Public Expression
Mr. Guy Myer discussed Earth Day activities. He was concerned about the planning for Creek Park- it is an ecological jewel.
Ms. Lori Bruner, San Anselmo Avenue business owner, asked that soft closures for events begin at 5:30 p.m. and not earlier.
Stacy, owner of Dogville, thanked the Council for fielding merchant concerns. She supports the “Live on the Avenue” event but asked them to reconsider the 4:30 p.m. closure.
Belinda agreed with the previous two speakers.
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 meetings; she was interviewed by Katheryn Wentzl who is working towards her Eagle Scout Badge; she would like the Council to discuss the request regarding the closure time for the “Live on the Avenue” Events; she reported the 9th Circuit of Appeals Court overturned the City of Berkeley’s Electrification Ordinance.
Assistant Town Attorney Longfellow reported the court ruled that the Gas Ban Reach Ordinance 2 was preempted by Federal Law and therefore invalid. The issue is not over and staff is in the process of evaluating what this means for the San Anselmo Ordinance.
It was the consensus of the Council to not have further discussions on the closure times for the “Live on the Avenue” Event.
Councilmember Colbert reported the “Night of the Poets” event will be held at the Library tomorrow night; he attended a JEPA meeting; went to the screening of Carbon Neutral Kent Woodlands; attended a Marin Transit Authority (MTA) meeting; the Transportation Authority of Marin (TAM) Executive Committee meeting; the U.S. Department of Transportation has a new grant program that would help fund charging infrastructure.
Councilmember Fineman reported she attended the Bicycle and Pedestrian Advisory Committee (BPAC) meeting; the Marin Wildfire Prevention Authority (MWPA) Board meeting; a Marin Clean Energy (MCE) meeting; met with representatives from the Open Space Committee and Town staff regarding goat grazing activities; the Marin County Council of Mayors and Councilmembers (MCCMC) Climate Action Subcommittee meeting; the San Anselmo Climate Action Commission meeting.
Councilmember Kullaway reported she attended many of the same meetings as Councilmember Fineman and she covered it quite well.
Mayor Burdo reported he attended the JEPA meeting; participated in Earth Day activities; attended the Community Forum at the Isabel Cook Center’s Vista Room; participated in the Marin County Student Ambassador Youth Town Hall; discussed a disturbingly hateful incident that recently happened in the community- the responsible parties will be held accountable.
Town Manager Donery reported staff is sending a recommendation to the Parks and Recreation Commission regarding ebikes in Memorial Park.
Special Presentation
Mayor’s Proclamation Recognizing Nancy Altman for her hard work on the San Anselmo Beautification Committee
Mayor Burdo presented Ms. Altman with the Proclamation for outstanding community service.
Ms. Altman stated it was an honor to serve San Anselmo
The Council thanked Ms. Altman for the beautiful flower baskets!
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- April 11, 2023
1.2 Approve the Revenue and Expenditure Reports, March 2023
1.3 Approve the Financial Report on Recreation Fund- March 2023
1.4 Approve the Quarterly Treasurer’s Investment Report, March 31, 2023
1.5 Consideration of Special Event Application- Cedars of Marin Farm Stand 2023
1.6 Consider Extension for refreshing the Cedars’ Art Installation on Magnolia Avenue 3 1.7 Adopted Resolution No. 4483 in Recognition of National Small Business Week and San Anselmo’s Small Businesses and Proclaiming the Month of May as Small Business Month
1.8 Approve the purchase of a new Electric Riding Lawnmower. Item was pulled from the Consent Calendar to be discussed separately.
1.9 Adopted Ordinance No. 1176 Amending Amendments to the San Anselmo Municipal Code 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 and find Adoption of the Ordinance and Policy Application memo is exempt from the California Environmental Quality Act (CEQA) Under CEQA Section 15061(b)(3) and 15301
Mayor Burdo opened the Consent Calendar to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke requested to pull item #1.8 for discussion.
M/s, Colbert/Fineman, Motion to approve Consent Calendar items #1.1 through #1.7 and #1.9.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1.8 Approve the purchase of a new Electric Riding Lawnmower.
Vice Mayor Burke acknowledged Town Ordinance 1173 and asked if the lawn mower was in need of replacement and if the Town would be selling the mower.
Public Works Director Condry stated staff is replacing it because it is gas powered. Surplus vehicles or equipment are typically sold.
Councilmember Kullaway asked about sharing electric vehicles between cities or towns. Public Works Director Condry stated sharing of vehicles does occur including the “Bucket Truck”.
Councilmember Fineman stated she would support more sharing to increase energy efficiency.
M/s, Burke/Kullaway, Motion to approve Consent Calendar item #1.8.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Council Business Items
2A. Update on Preparation of Objective Design and Development Standards (ODDS) This item is not subject to CEQA pursuant to CEQA pursuant to Guidelines Section 15060(c)(3)
Planning Director Scoble presented the staff report. The team consists of Senior Planner Lindsey Klein, Planning Consultant Bob Brown, representatives from Opticos and Design Inc., Vice Chair of the Planning Commission Jennifer Asselstine, and Planning Commissioner Peter Strauss. A PowerPoint presentation was given that included the following: 1) What are ODDS 4 and why were they created?; 2) How was the Draft ODDS prepared and customized for San Anselmo?; 3) How does the ODDS regulate new development?; 4) Next Steps; 5) Council Feedback. The team answered questions from the Council regarding whether bicycle parking in the multi-family housing buildings would be enclosed and made secure; if there has been any thought given to reducing or eliminating parking mandates; if the Town will need to change many of the Zoning regulations; if San Anselmo is attractive to developers; how the ground floor finish levels relate to flooding; application of the Tree Ordinance with respect to the ODDS; if there are differentiations with respect to parking requirements (Senior housing); car share vs. private/residential parking; when ODDS would be used to approve a single-family detached house; how the ratio for certain features such as glazing for retail units is applied; lighting requirements.
Mayor Burdo opened the meeting to public comments.
Carol was concerned about the emergency response to a solid façade of thirty, five foot buildings with zero setbacks and housing in the back. Retaining parking spaces is very important.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert thanked those involved in this document. They do not have a lot of options coming out of Sacramento.
Vice Mayor Burke stated she loved the “cafeteria options”. Parking has been eliminated or reduced with a certain distance from transit but people still have cars and park on the street.
They need to be realistic.
Councilmember Kullaway appreciated the attention given to bike parking especially the call for secure bike parking in multi-family housing. She would like to have a discussion about reducing parking mandates as there is a trend of this happening in large and small jurisdictions nationwide in response to climate change as parking mandates work against climate goals.
Councilmember Fineman stated the future is moving in the direction of repealing parking mandates. There is plenty of time to make adjustments to this document. She would like to strike the reference to wood roof shingles, add references to the Heritage Tree Ordinance instead of specifying certain provisions in case the document is amended, and encourage native plants in the Landscaping Section.
Mayor Burdo thanked the team for a comprehensive and thorough document. He agreed with Councilmember Fineman’s suggestion about eliminating the option of wood roof shingles.
Public Hearings
3A.. Approve Resolution Amending the Town’s Master Fee Schedule and finding the action statutorily and categorically exempt from CEQA under the Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273
Finance Director Zuba presented the staff report. He reported there were a few changes to the Fee Schedule including an adjustment by the Planning Department to align with the Cost Recovery Method used by the Building Department, an increase in Police Department parking citation fees, and the addition of a General Appeal Fee. He answered questions from the Council regarding the possibility of waiving permit fees for electrification (away from gas) or solar; administrative fees for lot mergers and lot splits. 5 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- the increases were within the Consumer Price Index (CPI).
Councilmember Colbert agreed- the heavy lifting was done in prior years and the process is now on “autopilot”.
M/s, Burke/Colbert, Motion to Approve Resolution No. 4484 Amending the Town’s Master Fee Schedule and finding the action statutorily and categorically exempt from CEQA under the Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 3B. Adopt a Resolution Approving the Inclusionary Housing and Commercial Nexus Studies and direct staff to bring an Inclusionary Housing Ordinance and Housing Impact Fee Ordinance for Consideration. This item is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3)
Planning Director Scoble presented the staff report and a PowerPoint presentation. She answered questions from the Council regarding alternative means of compliance such as a land donation; if the Town is getting into the “housing business” if it charges in-lieu fees; how much money would accumulate; alternatives to paying the fee.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
M/s, Burke/Colbert, Motion to Adopt Resolution No. 4485 Approving the Inclusionary Housing and Commercial Nexus Studies and direct staff to bring an Inclusionary Housing Ordinance and Housing Impact Fee Ordinance for Consideration.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 3C. Introduce and First Reading of an Amendment to the San Anselmo Municipal Code adding Chapter 9 “Gate Safeguards” to Title 9 “Building Regulations”.
This item is exempt from CEQA per CEQA Guidelines Section 15378(b)(5),15307 & 15308 Building Official Freeman presented a staff report and a PowerPoint presentation. She answered questions from the Council regarding how to communicate this issue to homeowners; third party inspections.
Mayor Burdo opened the meeting to public comments.
Mr. Klonbeck urged the Council to adopt this amendment and he discussed the magnitude of the problem. His seven-year-old son was killed at school in 2019 when he was crushed by a gate.
Ms. Jennifer Asselstine asked if there was a minimum size that would trigger this requirement 6 and if there were other items that need on-going inspections.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated she supported this proposal but the inspection piece was not easy given existing gates/fences. She was not sure about requiring an inspection for private gates every three years.
Councilmember Colbert asked about other jurisdictions that have implemented this regulation.
He wondered if the inspection piece would be onerous. He could support this as is.
Councilmember Fineman stated the area that concerns her in terms of safety is the public spaces where there could be less oversight. This amendment makes sense and there are details that need to be worked out.
Mayor Burdo stated he did not think the inspection piece was onerous and they will hear from people if it is. This is a “no-brainer”.
M/s, Colbert/Fineman, Motion to Introduce and First Reading of an Amendment to the San Anselmo Municipal Code adding Chapter 9 “Gate Safeguards” to Title 9 “Building Regulations”.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo The Council took a 5-minute break.
The Council reconvened at 9:30 PM.
Council Business Items Continued
2B. Discussion re: Murals on Private Property in Town Commercial Districts This item is not a “project” under CEQA per California Public Resources Code 21065 Assistant Town Attorney Longfellow presented a staff report. She answered questions from the Council regarding the process for a property owner withdrawing a request; if a property owner could paint a “sunflower” on a piece of plywood and affix it to the property; the process for a temporary art installation; if the Request for Proposal (RFP) process extends to private residences; if there could be content neutral requirements under the RFP.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert appreciated the renewed focus on unintended consequences since they can be a challenge. There is something to be said for an RFP process and he asked for more clarification. The Town has a robust Arts Commission and they are looking forward to making this happen.
Councilmember Kullaway stated she feels strongly that people should be able to express themselves and her vote would not change.
Councilmember Fineman stated she has trust in the judgment of the Arts Commission. There is a hedge to unintended consequences if they limit it to commercial building because of the 7 strong financial incentive. Unintended consequences could occur in the residential spaces since there are no market forces at play. They could put a time limit on the mural (one year) or size limits.
Vice Mayor Burke stated she thought it had been decided that a commercial building owner could do what they want. There is a natural self-governance. She likes the idea of not allow any text and content neutral requirements. She has not changed her idea on this- she wants to let people create art.
Mayor Burdo stated he favors the RFP process and he cautioned against a slow approach.
Assistant Town Attorney Longfellow stated staff would return with an ordinance amendment that would allow private murals on properties in the commercial zone in addition to an RFP process.
Staff will come back with something that is legally defensible.
M/s, Kullaway/Fineman, Motion to finish the agenda.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 2C. Proposed 2023/25 Work Plan Priorities
This item is not a “project” under CEQA per California Public Resources Code 21065 Assistant Town Manager Kenton presented a staff report. Staff answered a question from the Council regarding when prioritization/ranking would occur.
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 is not prepared to do the prioritization tonight. They need to look at this holistically in terms of “needs” vs. “wants” and the budget.
Mayor Burdo appreciated what they are trying to accomplish. He is ready to support this and move these items forward.
Councilmember Colbert stated he considers this as a staff accountability document as opposed to a policy document. The Council will eventually discuss where the money will come from.
Councilmember Fineman would like to talk about how the Council should engage in the Work Plan process at the upcoming Council Retreat.
2D. Consider to reappoint one (1) incumbent to the Climate Action Commission 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, Colbert/Burke, Motion to reappoint Kathleen Gundry to the Climate Action Commission.
8 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo M/s, Burke/Fineman, Motion to adjourn the meeting at 10:35 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary