1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, November 14, 2023
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
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
A. Call to Order at Town Hall in the Council Chambers- 6:00 p.m.
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
There were no comments.
D. Council adjourns to Closed Session
E. Council reconvenes in Council Chambers to conduct interviews for the Economic Development Advisory Committee and Bicycle and Pedestrian Advisory Committee- 6:30 p.m.
The Council interviewed three individuals including Mark Jeffrey, Gabe Turner, and Ford Greene.
Mayor Burdo called the meeting to order. Optional Pledge of Allegiance: The Mayor or a designated Council member will recite the Pledge of Allegiance for members of the Council and the public who wish to join in the recitation. 7:00 PM
Special Presentation
Mayor’s Proclamation Remembering Kay Coleman, in Memoriam Mayor Burdo read the Proclamation Remembering Kay Coleman. 2 Mr. Mark Levinson, Sue Ellen, former Town Manager Debbie Stutsman, Guy Meyer, Patty, and Kay’s sons spoke fondly of Kay Coleman.
Open Time for Public Expression
Mr. Guy Meyer discussed the Friends of Creek Park Reimagine and provided the Council with a copy of the Creek Park Reimagine picture.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Vice Mayor Burke reported she has been meeting many of the Town committee and board members and other volunteers; she attended the Joint Planning and Climate Action Commission meeting; was part of the County Priority Setting Committee that allocates housing funds; the Archie Williams Girls Water Polo Team won the North Coast Sections this week, the Girls Volleyball Team is playing tonight in the North Coast Sections Final, and freshman Annie Steig came in first in Girls Cross Country (Go Falcons!).
Councilmember Fineman reported there will be a screening of “Low Balled” at the Archie Williams theater; the Farewell Party for Peri’s Art Supply will be held on December 3rd; the Tree Lighting Event will be held on Friday, December 2nd; she attended the Climate Action Commission meeting; attended the recent Ross Valley Fire Board meeting; requested that the Council have two alternate representatives to the Ross Valley Fire Board.
Councilmember Kullaway reported she attended an event at the SPAR Center; the Police Board meeting; asked that the Council discuss the Traffic Calming policy. Councilmember Fineman and Mayor Burdo supported this request.
Councilmember Colbert reported he attended the celebration at Imagination Park; the JEPA meeting; the Marin Transit meeting; the Transportation Authority of Marin (TAM) meeting.
Mayor Burdo reported he attended the Yellow Bus JEPA meeting; the Ross Valley Fire Board meeting; the Central Marin Police Authority (CMPA) Board meeting; the Veterans Memorial Celebration in San Rafael; there will be a Tree Lighting Event on December 2nd and a Menorah Lighting Ceremony the week after that.
Town Manager Donery reported staff has contracted with the Scientific Art Studio, a playground designer, to come up with some conceptual designs for the Millennium Playground Project, options for Robson Park, and the Hilldale Pocket Park. There will be an opportunity for community engagement on Saturday, December 2nd,10:00 a.m. at Hilldale Park.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- October 24, 2023
1.2 Consider the Approval of Announcing and Publicizing Impending Expiration Terms of Boards, Committees, and Commissions Seats (Maddy Act Posting)
1.3 Report of Checks Issued, October 2023
1.4 Revenue and Expenditure Reports, October 2023
1.5 Recreation Finance Report
Mayor Burdo opened the meeting to public comments.
3 There were no comments.
Mayor Burdo closed the meeting to public comments.
M/s, Colbert/Fineman, Motion to approve the Consent Calendar.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
2. Council Business Items
2.1 Acceptance of Certification of Sufficiency of Petition Entitled “Withdrawal of San Anselmo From Flood District Initiative”; Consideration of Town Council Actions Related to the Initiative; and find the Actions Exempt from the California Environmental Quality Act Town Attorney Acevedo presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding whether the December 8th date would apply to a rent control ballot measure for a March election; if the cost for a Special Election would be the same for more than one issue; if obtaining the requisite signatures stops project; the cut-off for approval of any new projects; the legal distinction between a debt vs. an obligation; what it means to be in the District vs. withdrawal from the District but still “on the hook” to pay the fee; the argument in favor of leaving the District; if the issue would need to be voted on again in 2027 when the tax expires; what could be the quickest turnaround for the staff report; if withdrawal from the District must go on the ballot; why the Town left the District in 1971 and rejoined in 2006.
Mayor Burdo opened the meeting to public comments.
Mr. Jeff Kroot discussed the history of flooding in San Anselmo.
Carol stated the County lacks the funds for anticipated mitigation and the residents of San Anselmo have been ill-served by County negotiators. She opposed the demolition of Building Bridge Two.
Mr. Ford Greene stated there is a technical angle and a symbolic angle to this issue. The impetus to this initiative was the shutting down Creek Park over a year ago. It was a stark betrayal.
Mr. Ross Asselstine stated the support for this initiative is stronger than the support against the Memorial Park Detention Basin. County staff has burned through $40 million.
Ms. Ann Politzer stated the proponents of the initiative felt they had no recourse. The County has no money for down-stream mitigation due to the removal of Building Bridge Two. Questions remain unanswered.
Mayor Burdo closed the meeting to public comments.
Councilmember Fineman wanted more clarity about what happens if voters decide to withdraw from the District, what taxpayers are on the hook for, issues of liability, and what it means to withdraw from the District from a practical level. She favors a sooner, rather than later, election timeline.
Councilmember Colbert stated he wants a better understanding of the implications should they withdraw from the District. He wants to be more informed. 4 Vice Mayor Burke stated she agreed that the desire to withdraw from the District is tied to the plaza. There are options with respect to the plaza including denying the Demolition Permit.
They can prevent the County from acting in a way they should not act. This is one argument for putting the measure on the March ballot. She agreed there are unanswered questions.
Councilmember Kullaway was not sure most residents see the connection with the plaza and withdrawal from the District. She is in favor of moving forward.
Mayor Burdo stated he would like more information on the impacts including losing a seat on the District Board. He is in favor of moving quickly and getting this on the March ballot.
The Council discussed the information that should be included in the next staff report.
The Council took a 5-minute break.
Council reconvened in the Council Chambers after a 5-minute break.
Public Hearing
2.2 Consider Approval of the 2024 proposed maximum rates collected by Marin Sanitary Service for solid waste, recycling and organic waste services.
Town Manager Donery presented the staff report. Mr. Garth Schulz, representing R3 Consultants, gave a PowerPoint presentation. They answered question from the Council regarding whether the extraordinary jump in insurance rates is expected to continue; if the change in the methodology is based on a national index and not the actuals; the percentage breakdown in different towns in Marin; the rationale for San Anselmo rates; ratepayer behavior and compliance with respect to SB 1383.
Mayor Burdo opened the Public Hearing.
Ms. Lucy Dilworth, Director of the Coalition for Sensible Tax Payers, stated there were key documents missing from the public record including the Franchise Agreement. The question remains whether these fees are truly exempt from voter approval. She discussed findings from a recent lawsuit.
Ms. Patty Garbarino, Vice President of MSS, stated MSS rates are in the middle of others and they provide a more comprehensive service. They have a new 5-year union contract.
Mayor Burdo closed the Public Hearing.
Vice Mayor Burke appreciates the methodology and is in favor of approving the rate increase.
Councilmember Colbert and Mayor Burdo thanked the MSS team for their great work.
Councilmember Fineman appreciated the great service provided by MSS.
M/s, Burke/Fineman, Motion to approve the 2024 proposed maximum rates collected by Marin Sanitary Service for solid waste, recycling and organic waste services.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
2.3 Initiate the Update to the General Plan including Authorization to Solicit a Request for Proposals and Establish an Ad-Hoc Working Group to Review Proposals and to Help Facilitate the Creation of a General Plan Advisory Committee and Related Framework 5 Planning Director Scoble presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the ad-hoc committee; the optional elements; what will be included in the Request for Proposal (RFP); if Age Friendly is included in the suggested categories; which Element includes Parks and Recreation; if Community Design, Historic and Cultural Preservation is contained in the Objective Development and Design Standards (ODDS); whether the General Plan would absorb some of the rogue plans such as the Climate Action Plan, etc.; how difficult it would be to amend the General Plan to add these plans.
Mayor Burdo opened the Public Hearing.
There were no comments.
Mayor Burdo closed the Public Hearing.
Mayor Burdo would like to use the terms Socioeconomic or Social Justice Element instead of Equity Element to avoid buzzwords.
Councilmember Kullaway stated there were pros and cons to having separate call-outs to things like climate change and she wanted to look at the different “lenses” of each element.
Councilmember Colbert supported moving forward with the RFP. This provides a vision of where the Town’s past, present, and future.
Vice Mayor Burke stated she likes the project because it is about taking stock in where they are and where they want to go. The process is valuable and requires outreach to the community.
She supports moving forward with the RFP and the suggested “inclusions’. Age Friendly should be in the plan. Community Building should be included as a goal.
Councilmember Fineman agreed it is good to take stock. It makes sense to think holistically and integrate the outstanding plans. The Healthy Communities piece could include a wide range of things including environmental justice-related issues.
Mayor Burdo agreed with the comments that were made. He referred to the ad hoc committee and stated he heard interest from all of the Council except Councilmember Colbert. He will pick two names at random before the end of the week.
It was the consensus of the Council to continue the meeting past 10:00 p.m.
Public Hearing Continuation
2.3 Proposed Ordinance Banning New and Expanded Gas Station Uses in San Anselmo and Finding the Ordinance Exempt from CEQA
Town Attorney Acevedo presented the staff report and gave a PowerPoint presentation. Staff answered questions from the Council regarding whether replacement of a pump that was damage to a different location on site would be considered an expansion or a replacement; if equipment could be upgraded; if movement of pumps or infrastructure would be allowed; State requirements regarding streamlining of zero emission fueling stations; if the State requirement is for green or blue hydrogen fueling stations.
Mayor Burdo opened the Public Hearing.
6 Ms. Sue Saunders stated the EV transition will not take decades and California will have 100% all electric car sales by 2035. She discussed the risk of soil and groundwater contamination.
Ms. Kathleen Gundry supported the ordinance. The transition to electric vehicles could be a new business opportunity.
Mayor Burdo closed the Public Hearing.
Mayor Burdo stated the ordinance is necessary but he wants to be respectful of all sides. The number of gas stations in Town is adequate.
Vice Mayor Burke stated she is concerned about unintended consequences. Gas stations will eventually die out- this will be dictated by the market. She agreed the number of stations is adequate. She supported the ordinance.
Councilmember Kullaway is in favor of the ordinance. Gas stations are toxic by their very nature.
Councilmember Fineman supports the ordinance. The value is three-fold: it is a market signal, it is practical, it is a way to close the County wide loophole.
Councilmember Colbert supports the ordinance and appreciates the symbolic and practical implications.
M/s, Colbert/Fineman, Motion to Introduce by Title Only and Waive Further Reading of an Ordinance of the Town Council of the Town of San Anselmo Amending San Anselmo Municipal Code Title 10, “Planning and Zoning” to Prohibit the Construction of New Gas Stations and the Expansion of Existing Gas Stations and Finding the Amendments to be Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3),15302,15307, and 15308.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
M/s, Fineman/Burke, Motion to adjourn the meeting at 10:39 p.m.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
Respectfully submitted,
Toni DeFrancis,
Recording Secretary