San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, May 9, 2023
Interviews for the Flood Committee- 6:30 p.m.
The Council interviewed Kathy Schaefer, Gerhard Epke, and Vlad Lojica.
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
Tom Batista, Engineer/Project Coordinator
Serge Avila, Town Clerk
Open Time for Public Expression
There were no comments.
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 the last couple of weeks; she wanted the following placed on an upcoming agenda: A discussion about parking and Neighborhood Permits in the downtown residential areas. Public Works Director Condry stated that was a good idea but there should be separate discussions.
Councilmember Colbert reported he received several requests from residents about a Proclamation declaring the first Friday in June as National Gun Violence Awareness Day; he attended the Transportation Authority of Marin (TAM) meeting; a Safe Routes to Schools program review; there is a BPAC meeting scheduled for May 16th; attended an EDC meeting this morning; May 18th is Bike to Work Day; there will be a First Responder EV Webinar on June 27th; he talked about the Marin Countywide EV Acceleration Strategy; SR 37 will be closed from Saturday, May 20th at 3:00 a.m. to Sunday, May 21st at 11:00 a.m.; he attended Skate Fest at Memorial Park; was a judge at the 39th Annual Margie Burke Speech Tournament (6th, 7th and 8th graders); attended the “Night of the Poets” event at the Library.
Councilmember Fineman reported she attended the Special Meeting of the Climate Action Commission; the Council Retreat; she would like to form a subcommittee regarding guidelines and recommendations for the Active Transportation Fund. Town Attorney Acevedo stated the Mayor could appoint an ad hoc subcommittee tonight or in the future.
Councilmember Kullaway reported she attended the Climate Action Commission meeting.
Mayor Burdo reported he attended Skate Fest and gave a shout-out to the Recreation Department staff; the Ross Valley Fire Board will be meeting tomorrow night; the Flood Zone 9 meeting scheduled for Thursday night has been cancelled and not yet rescheduled; supported the Proclamation mentioned by Councilmember Colbert; received a letter from the League of California Cities urging the State Legislature to take action on fentanyl.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- April 25, 2023
1.2 Update on Continuing Emergency Related to the Redwood Road Landslide and Emergency Repair of Roadway
1.3 Adopted Resolution No. 4486 Establishing a Quorum Rule for Town Council-Created Boards, Commissions, and Committees
1.4 Adopted Ordinance No. 1177 an Amendment to the San Anselmo Municipal Code adding Chapter 9 “Gate Safeguards” to Title 9 “Building Regulations”.
1.5 Town of San Anselmo 2023/2024 Tax Rates for Municipal Services Tax (Adopted Resolution No.4487), Pension Override Tax (Adopted Resolution No. 4488), Measure G Debt Service Tax (Adopted Resolution No. 4489), Special Library Services Tax, and Ross Valley Paramedic Authority Tax (Adopted Resolution No. 4490).
1.6 Approved of Resolution No.4491 Setting a Statement of Investment Policy for Fiscal Year 2023/24.
1.7 Report of Warrants Issued- April 2023.
1.8 CMPA National Night Out 2023- Community Event Application.
1.9 Consideration of The Farm Stand to Continue to Operate on the Town Hall Plaza.
1.10 Climate Action Update.
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 #1.1 for discussion.
M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.2 through #1.10.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1.1 Approve the Draft Minutes of the Town Council Meeting- April 25, 2023 Councilmember Kullaway made a correction to the April 25, 2023 minutes.
M/s, Burke/Colbert, Motion to approve Consent Calendar item #1.1 as amended.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Council Business Items
2.1 Consider Amendments to the Rules Governing the Use of Town Parks to Address the Use of E-Bikes. This item is not considered a “project” under CEQA pursuant to California Public Resources Code Section 21065 Town Manager Donery presented the staff report. Staff answered questions about how long it would take and how much it would cost to add an additional path on the east side for bikes; if the “sunrise and sundown” rule includes the paths; off-limits areas for regular bikes; if an e-bike can be walked in areas where other bikes are allowed to be walked; how will they know if a bike is motorized; are they trying to protect the community against teenage behaviors or the speed of bikes; if the Town has an inclusive access plan; if the rules cover the small parks; the cost to use decomposed granite to expand the pathway.
Mayor Burdo opened the meeting to public comments.
Mr. Mike Lucerio, Chair of the Parks and Recreation Commission, discussed the role of the Commission and noted safety is their highest priority. The Commission discussed the issue of ebikes in Memorial Park and received testimony that they create a safety issue. The Commission voted unanimously to oppose the staff recommendation that ebikes be permitted on the pathway from the Log Cabin to Sunny Hills Drive. They recommend that bikes be walked on pathways and that staff research the re-introduction of ebikes into the park.
Darcy stated things have gotten better but there is still room for improvement. She is concerned about opening up that pathway between the Log Cabin and Safeway.
Ms. Whitney Glassberg, Melville Avenue, stated the Parks and Recreation Commissions’ recommendation to walk bikes in the park is appropriate.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman stated she would rather take the approach of using as fine a brush as possible and providing Enforcement Officers the tools for effective enforcement and ticketing when there is unsafe behavior. She supports the staff recommendation to reopen that section to electric mobility devices, a 10 MPH speed limit throughout the park, posting radar signs on the multi-use path, and opening up all the pathways to pedestrians at all hours..
Vice Mayor Burke stated the problem was more than just speed since ebikes are heavier than a regular bike. Posting a sign is not going to convince anyone to limit their speed. Safety should be the ultimate goal. The path on the east side will not stop being a thoroughfare. She supports a separate path, requiring that people walk ebikes until a separate path is created, and the Commission recommendation that all bikes be walked in the park at this time.
Councilmember Kullaway was concerned about walking ebikes because they are heavier. They do not want to slow people down since ebikes can be a quicker mode of transportation than cars. She supported the staff recommendations and agreed they should codify the after-hours walking through the pathway issue.
Councilmember Colbert stated this will be an ongoing conversation and they will not come up with a solution tonight. Ebikes are a different “beast” and they should focus on turning existing infrastructure into 21st Century’s multi-modality He supported opening up the path from the Log Cabin to Red Hill. He thanked the Parks and Recreation Commission for being great stewards of the park.
Mayor Burdo stated safety is first and foremost. Ebikes are here to stay and need to be embraced but jamming bikes and pedestrians on an existing path is not a good idea. He supported creating a separate path which would result in speed being less of an issue.
Councilmember Fineman was concerned about undertaking a project at a big expense and finding out that people continue to pose safety hazards. This needs to be addressed. She discussed other areas that have more urgent infrastructure needs.
M/s, Kullaway/Colbert, Motion to accept the staff recommendation with the language proposed by Nate Kitterick and request that this issue come back to the Council for review, Resolution No. 4492 was adopted.
AYES: Colbert, Fineman, Kullaway
NOES: Vice Mayor Burke, Mayor Burdo
2.2 Approve the Town of San Anselmo Stairs, Lanes, and Trails Program and Authorize One-Time Funding for Trail Improvements and Allocate Annual Maintenance Funding This item is categorically exempt from CEQA pursuant to Code Section 15301 Engineer Batista presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding whether staff has a sense of the maintenance cost; the extent of encroachment of fences and how that will be addressed.
Mr. Brian Crawford, member of the Open Space Committee, stated he has worked on this project for a number of years as a member of a subcommittee. The Town is in danger of losing these stairs, lanes, and trails (SLT) from overgrown vegetation, homeowners building fences across the trails, etc. He discussed the many virtues of these SLTs including serving as evacuation routes. The final goal is to produce a map.
Mr. Jonathon Braun, Co-Chair of the Open Space Committee, talked about the extent of work done on these SLTs over the years.
Mayor Burdo opened the meeting to public comments.
Mr. Stanley Radtke, Co-Chair of the Open Space Committee, stated they have invested a lot of time and energy and have the “buy-in” from other committees in Town. He supported the proposal.
Mayor Burdo closed the meeting to public comments.
M/s, Burke/Fineman, Motion to Approve the Town of San Anselmo Stairs, Lanes, and Trails Program and Authorize One-Time Funding of $66,000 for Trail Improvements and to discuss the Annual Maintenance Funding in the future.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
2.3 Approval of Town Hall Roof and HVAC Replacement Project This item is categorically exempt from CEQA pursuant to Code Section 15301 Project Coordinator, Bautista, presented the staff report, Public Works Director Condry was also available to answer questions from the Council regarding whether the system would include the Council Chambers.
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 approve the Town Hall Roof and HVAC Replacement Project and authorize staff to advertise with construction bids.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
2.4 That the Town Council consider options related to the interview and appointment processes for Town Boards, Committees, and Commissions and provide direction to staff This item is not considered a “project” under CEQA pursuant to California Public Resources Code Section 21065
Town Clerk Avila presented the staff report. There were no questions from the Council.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert stated he did not see the need for the Council to interview incumbents if there are no vacancies. The process should be more efficient and done on a quarterly basis.
Vice Mayor Burke agreed that incumbents do not need to be interviewed if there are no vacancies. She supported Option 2- interview before one, and not both, of the monthly meetings. Seats could remain unfilled if it is done quarterly.
Councilmember Fineman agreed with the idea of quarterly interviews and not interviewing incumbents.
Councilmember Kullaway agreed with not interviewing incumbents.
Mayor Burdo agreed with not interviewing incumbents and supported the quarterly option. Appointments to the Planning Commission should be done as soon as possible.
M/s, Colbert/Fineman, Motion to cease interviewing incumbents when there are no additional candidates and that the Council hold quarterly interviews during a Special Meeting which shall start no earlier than 6:00 p.m. before a Regular Council Meeting. It will be left to staff’s discretion to schedule additional interviews with the consent of Council.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
2.5 Consider the reappointment of three (3) incumbent to the Flood 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 reappoint Kathy Schaefer, Gerhard Epke, and Vlad Lojica. to the Flood Committee.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo M/s, Burke/Fineman, Motion to adjourn the meeting at 9:12 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary
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