1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, May 23, 2023
Call to Order 6:15 p.m.
Mayor Burdo announced that item B.1 will be discussed in Closed Session.
B.1 Conference with Legal Counsel- Existing Litigation- Government Code Section 94956.9(a)
Name of Case: Mark Swanson v. Testate and Intestate Successors to Lilian I.
Davidson et. al. (Marin County Superior Court Case No. CIV 2202271) Quiet Title Action
Public Comment on Closed Session items
There were no comments.
Adjourn to Closed Session
Adjourn to Open Session
Interviews for Economic Development Committee- 6:30 p.m.
The Council interviewed Ryan Olson, Ginny Svigals, Michael Fine.
Call to Order: Optional Pledge of Allegiance 7:00 p.m.
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
Heidi Scoble, Planning Director
Serge Avila, Town Clerk
Sean Youra, Climate Action Coordinator
Mayor Burdo reported the Council met in Closed Session and voted unanimously to authorize the Town Attorney to file a disclaimer of interest in the case.
Open Time for Public Expression
Mr. Guy Meyer discussed the issue of the barrier that keeps residents from the park. He asked if the negotiations continued. He was in favor or hedges and not concrete wall in the park and no decking under the Redwoods.
Council requests for future agenda items; Committee liaison reports; questions and comments 2 to staff; miscellaneous items
Vice Mayor Burke reported she attended the County-Wide Priority Setting Committee meeting.
Councilmember Colbert reported he attended Ember Stomp; the Chamber of Commerce sponsored “Sip and Stroll” Event- it was a huge success.
Councilmember Kullaway reported she attended an event for Supervisor Katie Rice; the Transportation Authority of Marin (TAM) Bicycle and Pedestrian Advisory Committee (BPAC) meeting; the ebike/drug use parent group meeting on May 18th.
Councilmember Fineman reported she attended the Cal Community Choice Aggregate (CCA) Annual Conference on behalf of Marin Clean Energy (MCE).
Mayor Burdo reported he attended the Ross Valley Fire Authority Board meeting; the Central Marin Police Authority (CMPA) Board of Directors meeting; the community meeting on May 18th; the “Sip and Stroll” Event; Ember Stomp.
Special Presentation
Mayor’s Proclamation Recognizing Stephen Pringle.
Mayor Burdo presented Mr. Pringle the Proclamation in recognition of his community service.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Special Town Council Meeting May 5, 2023
1.2 Approve the Draft Minutes of the Regular Town Council Meeting of May 9, 2023
1.3 Award of Construction Contract for the 2023 Street Rehabilitation Project
1.4 Award of Construction Contract for the 2023 Slurry Seal Project
1.5 Senate Bill 1 (SB1) Gas Tax Funding Project List. Resolution No. 4493
1.6 Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement County of Marin (“Zero Waste Marin”)
1.7 Consider Adopting a Resolution No. 4494 Declaring June 2023 LGBTQ Pride Month and Directing Staff to Fly the Rainbow Flag Throughout the Month of June at Town Hall
1.8 Consideration of Special Event Application- San Anselmo Arts Commissioner’s Beatles in the Park Fundraiser 2023
1.9 Approve Resolution No. 4495 to Authorize the Mayor to Execute the Renewal of the Community Development Block Grant Cooperation Agreement
1.10 Adoption of 2023/24 and 2024/25 Measure J Expenditure Plan
1.11 Final Approval of 2023-25 Work Plan Priorities
1.12 Adopt a Resolution No. 4496 to Redefine the Framework for the Town’s Climate Action Commission
3 1.13 Approve Revisions to Section 8, Policies, Programs, and Action, of the Draft Housing Element and authorize staff to work with the Housing Element Advisory Committee to prepare nonpolicy related revisions to the Draft Housing Element and to submit the revised Draft Housing Element to the California Department of Housing and Community Development (HCD)
1.14 Revenue and Expenditure Reports, April 2023
1.15 Proclamation of the Town of San Anselmo Declaring the First Friday in June, June 2, 2023 to be Nation Gun Violence
Mayor Burdo wanted to pull item #1.15 from the Consent Calendar for discussion.
Councilmember Fineman wanted to pull item #1.6
Councilmember Kullaway wanted to pull item #1.11.
Mayor Burdo opened the meeting to public comments
Ms. Kathryn Guthrie, member of the Climate Action Commission, discussed projects that would advance climate adaptation and mitigation.
Mayor Burdo closed the meeting to public comments.
M/s, Burke/Kullaway, Motion to approve Consent Calendar items #1.1 through 1.5, 1.7 through 1.10, 1.12 through 1.14.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1.6 Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement County of Marin (“Zero Waste Marin”) Councilmember Fineman stated she would need to recuse herself from voting on this item.
1.11 Final Approval of 2023-25 Work Plan Priorities
Councilmember Kullaway referred to page 8, #6, and wanted to change the wording to “update and implement” the Bicycle Master Plan (BMP).
Vice Mayor Burke stated she did not think the Council should direct and prioritize the implementation of certain projects. She was comfortable with the existing language.
Councilmember Fineman stated she was fine with the existing language.
Town Manager Donery stated the BPAC has a new priority list and staff will do an administrative update of the BMP.
1.15 Proclamation of the Town of San Anselmo Declaring the First Friday in June, June 2, 2023 To be Nation Gun Violence
Mayor Burdo opened the meeting to public comments.
Volunteers from Moms Demand Action discussed the need for gun awareness and legislation and supported the adoption of the Proclamation.
4 Mayor Burdo closed the meeting to public comments.
M/s, Burke/Kullaway, Motion to approve Consent Calendar item #1.6.
AYES: Colbert, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSTAIN: Fineman
M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.11 and #1.15.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Public Hearing
2.1 Introduction and First Reading of Amendments to the San Anselmo Municipal Code Adding Chapter 21 “Affordable Housing” to Title 10 “Planning and Zoning”, which amendment would establish an inclusionary housing program and an affordable housing fund, adoption of a resolution recommending Town Council adoption of implementing regulations regarding inclusionary affordable housing requirements and program regulations, and adoption of a resolution recommending Town Council adoption of in-lieu affordable housing fees and commercial/non-residential linkage fee. The Ordinance would apply Town wide.
Planning Director Scoble presented the staff report and a PowerPoint presentation. She answered questions from the Council regarding enforcement; controversial projects in other jurisdictions and if they are going through this process; if staff would like the regulations adopted by June; if the commercial linkage fee was up to $2,500; if these regulations limit the profitability of rental property.
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 City of San Rafael reduced the requirement to 10%. She supports the ordinance.
Councilmember Fineman stated establishing an Affordable Housing Fund has been a longstanding goal and she is excited to see affordable housing being development.
The Council thanked Planning Director Scoble for the outstanding work.
M/s, Burke/Colbert, Motion to Introduction and Waive First Reading of an Ordinance of the Town Council of the Town of San Anselmo Amending Title 10, “Planning and Zoning”, of the San Anselmo Municipal Code to add Chapter 21 “Affordable Housing”.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo M/s, Burke/Colbert, to adopt Resolution No. 4497 implementing affordable housing requirements and program regulations and adopt Resolution No. 4498 establishing affordable housing in-lieu fees and non-residential/commercial linkage fee.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Council Business Items
3.1 Consider the implementation of the Town of San Anselmo Prescribed Grazing Program. 5 Public Works Director Condry presented the staff report. He answered questions from the Council regarding whether the Council needs to approve this program on an annual basis; the alternative options; timing of biological assessments; targeted grazing; if this would be a more carefully planned project if it were done by the Marin Wildlife Protection Agency (MWPA); treatment or buffers for riparian areas; tree protection methods; the Class IV CEQA Exemption proposed by staff.
Central Marin Fire Battalion Chief Todd Lando presented a report regarding the history of the program, partnership with Fire Safe Marin, other entities, and land owners, the Marin landscape, grasslands diversity, and the fire fighting tactical perspective.
Ms. Bianca Suarez, representing Star Creek Land Stewards, stated they provide goats and sheep for grazing. She noted this is a very unique program that is being mimicked throughout the State.
Ms. Stephanie Larson, representing UC Cooperative Extension, stated they recently started looking at livestock as a tool for vegetation management. They work closely with fire agencies to target prescribed grazing to address wildfire issues.
Ross Valley Fire Department Interim Deputy Fire Chief Mahoney stated the program includes reducing fuel loads and restoring an area back to its original state.
Mayor Burdo opened the meeting to public comments.
Renee stated the vegetation management prescriptions for Sorich and Hawthorne Canyon greatly exceed the limits used by other agencies. He displayed some maps and stated the areas of vegetation management do not conform with the Class IV CEQA Exemptions. Grazing can be done properly.
A resident living in Sleepy Hollow was grateful for the work being done to prevent wildfires- she loves the goats.
Mr. Stan Radtke, Co-Chair of the Open Space Committee, stated this is a wonderful program but it has not been reviewed by the Open Space Committee. The goats just showed up and overgrazing occurred. There has never been a biological survey done on the Open Space areas.
Mr. Jonathan Braun, Co-Chair of the Open Space Committee, agreed there is a need for management of fire fuels and protecting homes. There is also a responsibility to protect these open space areas.
Mr. Michael Anderson spoke on behalf of the San Francisco Boulevard neighbors. The goats and sheep are welcomed with open arms.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke appreciated all the things being done related to fire prevention and is confident they are striking a balance in terms of limiting fire risk and protecting the environment.
She would tie the use of a botanist to approving a goat grazing plan.
Councilmember Kullaway was concerned about grazing in the riparian areas. She is inclined to go with the staff recommendation but thought there should be some analysis of what is out there.
6 Councilmember Fineman stated strong communication was important along with tree and riparian protection. She warned about unintended consequences. She would like to move forward.
Councilmember Colbert supported the staff recommendation. The program is well managed and strikes a good balance. He supported a holistic approach.
Mayor Burdo agreed that the professional do a good job taking residents concerns into account.
He is glad to see that communication is happening and would like it to continue.
M/s, Burke/Colbert, Motion to support the staff recommendation to approve the San Anselmo Prescribed Grazing Program.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Councilmember Fineman made a motion that was seconded by Councilmember Kullaway to direct staff to begin authorizing a Request for Proposal (RFP) for a comprehensive botanical survey of Sorich Park to occur sometime in the next year.
Councilmember Colbert made a motion that was seconded by Vice Mayor Burke to direct staff to work with Open Space on the Open Space Management Plan which integrates a botanical study.
The most recent motion (Councilmember Colbert’s) was voted on first and passed unanimously.
Councilmember Fineman withdrew her motion.
The Council took a 5-minute break at 9:20 p.m.
3.2 Resilience Hub Feasibility Study Presentation
Climate Action Coordinator Youra presented the staff report.
Mr. Gavi Emunah, representing Sage Energy Consulting, gave a PowerPoint presentation. He, along with staff, answered questions from the Council regarding who would apply for grants; whether Design Review would be required; the effects on the bio-retention area and how the Magnolia lot would need to be modified with Option A; if there would be a difference in obtaining grants if the Magnolia lot were open to the public and not just staff; if the battery storage system anticipates expansion; the Interconnection Application; when the off-set would be outgrown.
Mayor Burdo opened the meeting to public comments.
A resident asked if the Town has considered installing solar at the Corporation Yard. He asked about the return on investment.
Ms. Karen Mendalow supported the proposal.
Mayor Burdo closed the meeting to public comments.
M/s, Burke/Colbert, Motion to support the staff recommendation, Option B, along with the cash financing option.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
3.3 Consider the appointment of three (3) applicants to the Economic Development Committee 7 Town Clerk Avila presented the staff report.
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert noted none of the candidates have attended an EDC meeting and might encounter a challenging learning curve.
M/s, Burke/Kullaway, Motion to appoint Ryan Olson, Ginny Svigals, Michael Fine to the Economic Development Committee.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Mayor Burdo announced the Community Coffee with Senator McGuire has been scheduled for July 13th at the Ross Valley Fire Authority Station #19 starting at 6:30 p.m.
Mayor Burdo announced that Councilmember Kullaway will be the Active Transportation Committee representative.
M/s, Burke/Fineman, Motion to adjourn the meeting at 10:12 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary