1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, October 10, 2023
Call to Order 6:30 PM
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
Serge Avila, Town Clerk
Sean Condry, Public Works Director
Scott Schneider, Assistant Public Works Director
A. Call to Order
B. Mayor Burdo announced that item B.1 will be discussed in Closed Session Conference with Real Property Negotiators
Government Code Section 54956.8 Conference with Real Property Negotiators Property: APN 005-011-60 Agency Negotiator: Town Manager David Donery Negotiating Parties: Marin Open Space Trust; Mary Conversano Under negotiation: Price and Terms of Payment
C. Public Comment on Closed Session Items
The Chair of the Open Space Trust, Mr. Ralph Mayhem, Mr. John Guzman, Mr. Jack Judkins, Mr. Staley Radke, Ms. Sharon Batel, Mr. Ron Ecker, and Mr. Marty Simms supported the acquisition of the Hawthorne Canyon property.
D. Council Adjourned to Closed Session
Council reconvened to Open Session in the Council Chambers at 7:17 PM Optional Recitation of the Pledge of Allegiance
Open Time for Public Expression
Michele discussed the need for more teen activities.
An individual discussed her non-profit theater organization.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Mayor Burdo reported on the passing of former Councilmember Kay Coleman and noted they 2 would be honoring her at the November 14th meeting.
Vice Mayor Burke reported she attended the Dog Park Committee meeting; the last weekend of “Live on the Avenue”; watched the October 5th rental discussion; the Marin County Council of Mayors and Councilmembers (MCCMC) meeting in Fairfax; tomorrow is her father’s 90th Birthday!
Councilmember Fineman reported she attended the MCE Board retreat and Technical Committee meeting; witnessed a bicycle accident on Greenfield Avenue and stated she would like the Council to talk about safety improvements along that corridor Councilmember Colbert reported the County opened up the Karma Club for teens/tweens in the Northgate Mall; he attended a Policy Committee meeting regarding State Route 37; the Marin Music Gala; encouraged parents who are having problems with the Yellow Bus school service or the relocation of bus stops to contact Marin Transit; participated in the International “Walk and Roll”; he has been asked to join the Cedars Board.
Councilmember Kullaway had no reports.
Mayor Burdo reported he attended a meeting of the Ross Valley Fire Board Labor Management Subcommittee; and discussed the school bus service and the new vendors; the next JEPA meeting will be on November 7th; took a tour of Cedars and noted they have a lot of amazing activities going on; watched the rental discussion; attended the Spirit of Marin Awards Ceremony; asked to move Agenda Item #2.2 to the end of the agenda.
M/s, Burke/Fineman, Motion to move Agenda Item #2.2 to the end of the agenda.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
Town Manager Donery reported the Town has been contacted by a representative of Shabbat of West Marin about an event, an Evening of Solidarity, to be held tomorrow night at the Town Hall Plaza.
Special Presentation
There were no Special Presentations.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- September 26, 2023
1.2 Report of Checks Issued, September 2023
1.3 Approve the Second Reading and Adoption of Murals Ordinance No. 1182
1.4 Holiday Tree Lighting Ceremony 2023- Event Application
1.5 Consider to Approve the Hub Beautification Public Arts Project
1.6 Adopt a Proclamation to Welcome and Recognize Youth Commissioners for the Current Fiscal Year 2023/24
Mayor Burdo opened the meeting to public comments.
There were no comments.
3 Mayor Burdo closed the meeting to public comments.
Councilmember Fineman asked to pull item #1.4 from the Consent Calendar.
Councilmember Colbert asked to pull item #1.1 from the Consent Calendar.
M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.2, #1.3, #1.5, and #1.6.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
1.1 Approve the Draft Minutes of the Town Council Meeting- September 26, 2023 Councilmember Colbert corrected the spelling of an individual’s name.
1.4 Holiday Tree Lighting Ceremony 2023- Event Application Councilmember Fineman thanked staff and the community for coming up with ways to make these events more inclusive.
M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.1 and #1.4 AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
2. Council Business Items
2.1 Council Discussion of Title 14, Chapter 13, Private Tree Ordinance.
Public Works Director Condry presented the staff report. Staff answered a question from the Council regarding the definition of an undeveloped parcel given SB 9.
Councilmember Fineman reported the subcommittee formed in 2019 and reviewed ordinances from other jurisdictions. Some of the new ordinances are more sophisticated in evaluating the structure of trees, how to deal with riparian corridors, ecological and hydrological situations, replacement policies, etc.
Mayor Burdo opened the meeting to public comments.
Abby stated the Tree Ordinance needs to be completely replaced in phases. There should be higher fines for removing trees, removing crowns, and not having an Encroachment Permit.
They should be saving as many trees as possible.
Mr. Renee Voss stated the title of the ordinance is a misnomer since it also covers public trees.
The terms “protected” trees and “hazardous” trees should be defined.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated there are presently more trees in San Anselmo than one hundred years ago- they are not losing trees at a fast pace. They will lose the Heritage Oaks over time unless they are planted on public property. She does not think it is a loophole to allow clear cutting of non-heritage trees on a developed parcel. People should be allowed to have a garden, pool, shed, etc. The undeveloped parcel definition needs to be revised. She did not want to over-regulate this if it is something residents do not want it. She would like to more feedback from residents.
4 Councilmember Fineman pushed back on the idea of twenty-two inches in diameter being sufficient. She liked the table used in the County’s Tree Ordinance that shows different thresholds for protection of trees. It is more species specific. She supported the staff recommendations plus using the County’s table, additional protections in riparian areas, making fines more of a deterrent, strengthen the replacement requirements, and updating the Nuisance Tree Resolution.
Councilmember Colbert stated he supported Councilmember Fineman’s approach based on the work she has done. He would like an enforcement mechanism that has some “teeth” and would serve as a deterrent. He would like to see the revisions come back to the Council.
Mayor Burdo stated enforcement is problematic and noted some jurisdictions use a real time app to create a record. He supported an increase in penalties and the subcommittee’s recommendations. He wants to move this forward.
Public Works Director Condry stated he could schedule a Community Meeting in the near future.
The Council took a 5-minute break at 8:36 p.m.
The Council reconvened in the Council Chambers at 8:41 p.m.
2.3 Consideration of Consultant Contract for the Downtown San Anselmo Active Transportation Safety Study
Councilmembers Fineman and Kullaway recused themselves from this item due to a potential conflict of interest.
Assistant Public Works Director Schneider presented the staff report. Staff answered questions from the Council regarding the timeline; the costs for improvements such as a bulb-out, adding sharrows, and bike lanes; the scope with respect to Greenfield Avenue; parallel projects; if the study includes vehicle accidents or just bikes and pedestrians; if they would be in a better position to receive grant funding by having this type of study.
Mayor Burdo opened the Public Hearing.
Mr. Matthew Hartzell, Director of Planning at WPB Tam, urged unanimous approval of this study. San Anselmo Avenue is a regionally important route and he asked the Council to consider converting it to one-way traffic.
Ms. Lori Bulger, Tiburon, stated she owns a business across from Town Hall and there are problems with bicyclists causing safety problems to pedestrians. She urged the Council to approve the study. Converting San Anselmo Avenue to one-way would be bad for business.
Mayor Burdo closed the Public Hearing.
Councilmember Colbert stated this is long overdue. He looks forward to the study and seeing what the options may be.
Vice Mayor Burke stated she does not support this proposal. The staff report is clear about what needs to be done and what is doable. They should implement measures they already know are effective. She did not want to spend the money for a study that would result in nothing tangible.
5 Mayor Burdo stated he tends to support these types of studies since they can help with grant opportunities and potential liabilities. He is not sure they know everything that needs to be done and supports this study. The funding amount ($80,000) is in line and should come from the Active Transportation Fund.
M/s, Colbert/Burdo, Motion to authorize the Town Manager to enter into a contract with Parasi Parametrics to start the study.
AYES: Colbert, Mayor Burdo
NOES: Burke
RECUSED: Fineman, Kullaway
The Council took a 5-minute break.
2.4 Adopt a Resolution Establishing Rules of Decorum for Town Public Meetings Town Attorney Acevedo presented the staff report. Staff answered questions from the Council regarding Attachment #1, and the somewhat vague and subjective language; if they want to disallow applause from the public; if staff considered other options; if they can target racism and whether this would be considered unconstitutional.
Mayor Burdo opened the Public Hearing.
There were no comments.
Mayor Burdo closed the Public Hearing.
Mayor Burdo stated he asked for this item to be placed on the agenda. Rules of decorum provide more tools in the tool kit- it will not stop the problem. He noted the policies were not limited to the Town Council but apply to all Town body. He would like to beef up the rules.
Councilmember Fineman stated she struggles with these types of guidelines since they are discretionary. She supported these rules if it is something the presiding Mayor feels he or she would use.
Vice Mayor Burke stated everyone would like to see general decorum and it was a good idea to have a general civility policy. She did not see the need to change anything. The issues they are really trying to address should be discussed in Closed Session. She is not comfortable letting the Mayor take care of it and the Council, as a group, should decide how to handle something that has crossed the line.
Councilmember Colbert stated this is not going away and they might not be adequately prepared. It will be the Mayor’s responsibility to deal with it and he will not second guess the decision.
M/s, Burke/Kullaway, Motion to adopt Resolution No. the Rules of Decorum for Town Public Meetings with the removal of A5, B2, B4, and the word “applause” in D1.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
2.2 Presentation of the Downtown Parking Study and Consideration of Recommendations Councilmember Colbert stated he would recuse himself from this item since he lives in the area of several of the proposed parking changes.
6 Vice Mayor Burke stated she lives within 500 feet of several of the proposals and believes any changes would not have any material impact on the value of her property.
Assistant Public Works Director Schneider presented the staff report. Staff answered questions from the Council regarding the amount of revenue that could be generated; if more bike parking will be added; if they would be paying extra for enforcement services to the Central Marin Police Authority (CMPA); if staff considered all day parking passes for residents in regulated areas who have night time passes; what metering south of Ross would look like; if the Town Hall parking lot is optimized; accessible ADA spaces.
Mayor Burdo opened the meeting to public comments.
Mr. Robert DeFrieze, Magnolia Avenue, supported some sort of accommodation for residents as suggested by Vice Mayor Burke. The report is from the viewpoint of commercial and not residential. Parklets have reduced the number of parking spaces in the downtown.
David asked about the number of parking spaces for Police vehicles.
Erin stated the 10-minute parking zones have helped out businesses. She supported parking meters on the avenue.
Ms. Kathleen Guthrie, member of the Climate Action Commission, supported the staff recommendation for paid parking along San Anselmo Avenue.
Lori, speaking on behalf of the Chamber of Commerce Board, invited the Council to attend a meeting to hear from the merchants. The Chamber supports metered parking and it should be optimized for the peak hours of 11:30 a.m. to 1:30 p.m. with a maximum of one hour. The Chamber opposed reducing merchant parking and the reduction in the number of 4-hour parking spaces.
Belinda stated she has two stores on the avenue and is opposed to the proposed changes.
Short-term meters would be bad for business. Parklets take up a lot of parking spaces and should be scaled back.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated residents who live in neighborhoods with regulated parking and overnight stickers should get all day parking. The goal of a Parking Program is to help merchants. They also need to accommodate cars. She supports 2-hour parking meters on all of San Anselmo Avenue and on Sir Francis Drake Boulevard from Madcap to the Hub (on both sides of the street). She referred to the staff report and stated she did not support G1. She supported G2, CP1, CP2, SA 1, SA2, and stated G4 should be increased to $1.00 an hour. She would leave the pay station issue to staff.
Councilmember Kullaway stated the number one way to affect behavior change is to not have free parking. Free parking means more miles driven. She agreed with Vice Mayor Burke’s comments.
Councilmember Fineman supported the expanded list of recommendations. It is reasonable to ask employees to park and walk. She is interested in the daytime/overnight hardship permit and would like to revisit the process.
Mayor Burdo stated he is supportive of the expanded recommendations and the revenue going to climate action activities. He would like to do more outreach to the merchants. 7 It was the consensus of the Council to discuss the issue of designation of the revenue and the daytime parking permit in the future.
Councilmember Fineman made a motion to direct staff to move forward with the full suite of recommendations listed in Table G1, G2, G3, G4, G5, CP1, CP2, SA1, SA2, along San Anselmo Avenue down to Bolinas Avenue. The next staff report should include explicit reference to a parking benefit district that would include the Climate Action Fund.
Vice Mayor Burke asked for a friendly amendment to the motion to exclude G1. This died for lack of a second.
M/s Fineman/Kullaway, made a motion to direct staff to move forward with the full suite of recommendations listed in Table G1, G2, G3, G4, G5, CP1, CP2, SA1, SA2, along San Anselmo Avenue down to Bolinas Avenue. The next staff report should include explicit reference to a parking benefit district that would include the Climate Action Fund.
AYES: Fineman, Kullaway, Mayor Burdo
NOES: Vice Mayor Burke
ABSENT: Colbert
M/s, Fineman/Burke, Motion to adjourn the meeting at 10:55 p.m. in memory of former Town Councilmember Kay Coleman.
AYES: Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
ABSENT: Colbert
Respectfully submitted,
Toni DeFrancis,
Recording Secretary