1 San Anselmo Draft Council Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, September 26, 2023
Interviews for the Open Space Committee, Climate Action Commission, and Racial Equity Committee- 6:20 p.m.
The Council interviewed three candidates, Soo Haylet for the Climate Action Committee, Christiana Conser for the Open Space Committee, and Hayes Handler for the Racial Equity Committee.
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Brian Colbert
Alexis Fineman
COUNCILMEMBERS ABSENT Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Serge Avila, Town Clerk
Sean Condry, Public Works Director
Heidi Scoble, Planning Director
Lindsey Klein, Senior Planner
Open Time for Public Expression
Mr. Gene Ng, representative to the Commission on Aging, gave an update on Commission activities and future events.
Carol stated the 2018 EIR is different from the current daylighting project and talked about how the Redwoods would get the brunt of fast-moving water. She was concerned that months of demolition and reconstruction would be stressful to the trees. She asked the Council to not abandon common sense.
Ms. Rosanne DelBello discussed how to protect the Redwoods. She stated there is a metal tank under Building Bridge 2 and asked the Town to investigate for possible contamination. It could be related to the former gas station at that location.
Mr. Guy Meyer provided some historical comments about San Anselmo. He stated liberty and responsibility go hand in hand and was concerned they are being taken away from communities.
Sue reported on recent activities of the Climate Action Commission including receipt of a $1,000 Clean Air Grant.
Council requests for future agenda items; Committee liaison reports; questions and comments 2 to staff; miscellaneous items
Vice Mayor Burke reported she attended the September 14th rental discussion; the September 17th Porch Fest in San Rafael; heard the “three big beeps” coming from the Emergency Services Announcement Study.
Councilmember Fineman reported she attended the Marin Clean Energy (MCE) meeting; the Marin Wildfire Prevention Authority (MWPA) meeting; next Wednesday is “Walk and Roll to School Day”; attended a mural dedication in the Mission District.
Councilmember Colbert thanked Gene Ng for representing San Anselmo on the Commission on Aging; gave a talk to the Marin Conservation League regarding transportation issues; attended the Ross Valley Fire Board meeting; met with the Economic Development Co-Chairs this morning; met with the San Anselmo Chamber of Commerce regarding the December 2nd Tree Lighting Event, the December 12th Menorah Lighting Event, the merchant holiday events on December 14th and 21st; attended the Marin County Fire Chiefs Open House.
Mayor Burdo reported he attended the Ross Valley Fire Board meeting; the Tenant’s Forum on September 14th; the Landlord’s Forum will be held on October 5th; the last “Live on the Avenue” Event will be held this coming weekend- Kudos to the Recreation Department staff; went to a panel on upcoming housing laws, the RHNA process, the economic forecast for California; he would like the Council to discuss how to promote civility during public comment. The Council supported this request.
Special Presentation
Mayor’s Proclamation Recognizing Roy Petri and Luigi Serchia on the 50th Anniversary of San Anselmo Youth Soccer
Mayor Burdo read the Proclamation and thanked Mr. Petri and Mr. Serchia.
Mayor’s Proclamation Recognizing Frank Gomez for his volunteer service to the community.
Mayor Burdo read the Proclamation and the Council thanked Mr. Gomez.
Mayor Burdo read Item 1.5 a Proclamation Declaring September to be National Service Dog Month.
Aria thanked the Council for their support.
The Council provided comments.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- September 12, 2023
1.2 Report of Checks Issued, August 2023
1.3 Revenue and Expenditure Reports, August 2023
1.4 Consider the Approval of the Special Event Application- Annual Dia de los Muertos Event
1.5 Adopt a Resolution Declaring September to be National Service Dog Month 3 1.6 Adopt a Resolution Establishing Job Description and Pay Range for Senior Building Inspector Position
1.7 Accept the 2023 Slurry Seal Project and Authorize Staff to File a Notice of Completion
1.8 Approval of Resolution for Deed Restriction at Memorial Park 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 approve the Consent Calendar items #1.1 through #1.4 and #1.6 through #1.8
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
M/s, Burke/Fineman, Motion to move the final item of the agenda, Appointments to Boards, Committees and Commission ahead of #2.1.
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
Appointments to Boards, Committees and Commissions
Town Clerk Avila presented a staff report.
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 did not attend some of the interviews and would abstain from voting on the appointments to the Climate Action Commission and Racial Equity Committee.
The Council took a straw poll on the appointments.
M/s, Fineman/Colbert, Motion to appoint Bridget Clark and Nuria Montalvo to the Climate Action Commission.
AYES: Colbert, Fineman, Mayor Burdo
ABSTAIN: Burke
ABSENT: Kullaway
M/s, Colbert/Fineman, Motion to appoint Oriana Bleecher Snyder and Christina Conser to the Open Space Committee.
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
M/s, Colbert/Fineman, Motion to appoint Robin Beers and Hayes Handler to the Racial Equity Committee.
AYES: Colbert, Fineman, Mayor Burdo
ABSTAIN: Burke
4 ABSENT: Kullaway
2. Council Business Items
2.1 Receive and File an Update on the Reimagine Creek Park Project 60% Design Review
Public Works Director Condry presented the staff report. Staff answered questions from the Council regarding if the Town or the County has allocated funds to the project or if it would be privately funded; if there is an estimate for the project; if there is a plan for the lawn area given the intensity of use; if there is an opportunity to do terracing or use a fescue grass; the unique characteristics of Redwood roots and how they plan to minimize impacts; the use of wood for the decking and the FSC certification; the nature of the Community Meeting feedback about the 60% design; if there are plans for another Community Meeting prior to the 90% design; the timeline in relation to the SAFRR Project; what would happen if the County work is delayed; who would pay for removal of the baffle.
Karen, representing RHAA Landscape Architects, discussed the project.
Manuel, Town Arborist, discussed the current condition of the Redwood grove and the maintenance plan.
Mayor Burdo opened the meeting to public comments.
Carol had questions about the design including whether bulkheads that would be used to support the bridge; impacts to surface drainage pipes; the decking details including the surface treatment; what can be done about the rodents that would seek food under the decking.
Ann asked about the timeline, whether the County has done any downstream mitigation, if there has been FEMA approval on the baffle, and if the plaza is being removed.
Mr. Guy Meyer stated the park was originally design with incredible ecological consciousness.
He was opposed to the expansion of concrete in the park.
Ms. Carrie McHugh, Chair of the Reimagine Creek Park Community Advisory Committee (CAC), stated she is thrilled by the 60% design.
Ms. Fran Farmer, San Anselmo, asked if the project would be started before the $5 million is in hand. She would like details regarding the environmental impacts from demolition and construction. She does not like the current plan- it is not in alignment with the character of San Anselmo.
Mayor Burdo closed the meeting to public comments.
Public Works Condry responded to the questions from the public.
Councilmember Fineman stated they do not know if or when the County will start the SAFRR project. The plan represents a modest and tasteful iteration of the park and she supports the direction it is going.
Councilmember Colbert stated they should not confuse the conversation with issues such as downstream flooding and baffles. This has been a four-year project with a lot of transparency and community meetings. He wants to keep moving.
5 Vice Mayor Burke stated she has concerns about how this project would move forward in relation to the SAFRR Project- the two projects are integrated. There are things that can be done with this design no matter what happens with the SAFRR Project. She likes the amphitheater, the kids play area, and the natural plantings.
Mayor Burdo stated there has been a lot of public participation regarding this project. He discussed the link between the SAFRR Project and this project. He looked forward to more discussion about the project.
The Council took a 10-minute break at 9:13 p.m.
The Council reconvene in the Council Chambers at 9:23 p.m.
Mayor Burdo suggested that Public Hearing item #2.4 be heard next.
M/s, Colbert/Fineman, Motion to hear the Public Hearing Item 2.4 next.
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
Public Hearing
2.4 32 Fern Lane, Project No. PRO2022-0063. Appeal by applicant Ken Mayer of the Planning Commission decision to deny the application for the Conditional Use Permit to allow for the after-the-fact approval of a two-story Accessory Dwelling Unit (ADU) and related structures.
Planning Director Scoble provided some introductory comments.
Senior Planner Klein gave a PowerPoint presentation. Staff answered questions regarding whether or not there is a remedy- if what exists could be maintained if it were attached; the original September 2021 Stop Work Order and the level of completion of the structure; subsequent Stop Work Orders; the Creek Setback; the 18’ vs. 25’ height limits; the ministerial permit process; options available to get the project approved; if a covered walkway would suffice as an “attachment”; distance between the main residence and the ADU.
Mayor Burdo opened the Public Hearing.
Mr. Ken Mayer stated he was not sure this is the correct forum. He discussed the history of the project. He would like to get into the court system so he could have a fair trial and a fair say on what he is able to do.
Ms. Gwen Mayer stated Ken has over 45 year of experience working in the trades. They made a mistake and have been trying to fix it for two years. They are not located in the Flood Zone or building in the creek. They came up with alternative designs that were turned down by staff.
Mayor Burdo asked Mr. Mayer why he built a structure without permits. Mr. Mayer stated this was two-fold and had to do with money and family.
A resident stated the permit process in San Anselmo is quite easy and building without a permit is never a good idea. Neighbors need to communicate and be willing to compromise.
Tomaso stated he supported the project with the condition that it was acceptable to the appellant’s adjacent neighbors. It was not acceptable to the majority of the adjacent neighbors.
The solution is simple- reduce the height by seven feet. 6 Mr. Sean Murphy stated his family lives next door to the project and the problem with the ADU is simply the height. It impacts his family’s enjoyment of their back yard.
Mr. Mayer gave a rebuttal and stated they have put forth three separate plans that were approved and then denied. They are trying to solve the problem. Staff has been to the property numerous times and no work has been done in the last two years.
Mayor Burdo closed the Public Hearing.
Vice Mayor Burke stated it is in the Town’s best interest to approve ADUs. She understood his motivation for building the structure without a permit but it is the Town’s job to make sure structures are safe. Codes and permits are not meant to be protective and not restrictive of the entire community. There is a way to move forward and she urged the appellant to work with staff. She will vote to uphold the decision of the Planning Commission.
Councilmember Fineman stated Vice Mayor Burke outlined the options. The appellant could take advantage of the current liberal construction of “attached” or wait for a clearer definition.
Councilmember Colbert stated there were multiple pathways to move this investment from unpermitted to permitted. He would vote to uphold the decision of the Planning Commission.
Mayor Burdo urged the appellant to work with staff- they will get you where you want to go. He agreed with the comments made by the other Councilmembers.
M/s, Burke/Fineman, Motion to adopt the Resolution upholding the decision of the Planning Commission regarding 32 Fern Lane, Project No. PRO2022-0063.
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
M/s, Colbert/Fineman, Motion to continue agenda item #2.2 to the next meeting and item #2.3 to a date uncertain.
AYES: Burke, Colbert, Fineman, Mayor Burdo
ABSENT: Kullaway
2.2 Consideration of Consulting Contract for the Downtown San Anselmo Active Transportation Safety Study
This item was continued to the next Council meeting.
2.3 Receive and File an Update on Public Engagement Process for Proposed Sorich Park Multi-Use Trail
This item was continued to a date uncertain.
M/s, Fineman/Colbert, Motion to adjourn the meeting at 10:30 p.m.
AYES: Colbert, Fineman, Vice Mayor Burke, Mayor Burdo
ABSENT: Kullaway
Respectfully submitted,
Toni DeFrancis,
Recording Secretary