1 San Anselmo Approved Council Minutes
Special Meeting
Town Council Chambers and via teleconference
Wednesday, December 6, 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
Sean Condry, Public Works Director
Open Time for Public Expression
Mr. Caccor, Island Drive, stated there is a cell phone tower behind his house that is being modified. He wanted to know if the work is being done according to the correct policies and permits.
Carol stated there would be a greater level of interest in this tower if more people became aware of the proposed work.
An individual discussed Councilmember Colbert’s campaign for the Board of Supervisors position and he recommended more of a focus on racial equity.
Andrew Jarduss discussed the expansion of the cell site at 2 Red Hill Avenue. He noted some errors in the administrative decision.
1. Council Business Items
1.1 Receive an Informational Report on the Potential Impacts of the “Withdrawal of San Anselmo from Flood District Initiative” and Consider Calling a Regular or Special Election to Place the Initiative on the Ballot, and Finding the Actions Exempt from CEQA
Town Attorney Acevedo presented the staff report. Staff answered questions from the Council regarding whether the proponents have submitted their “Argument in Favor”; Council options in terms of Arguments and Rebuttals; the ranking of Arguments; the amount of paperwork for both Arguments and Rebuttals; who can submit Arguments in Opposition; the Town Attorney’s Impartial Analysis; the Cooperation Agreement signed April, 2020 between the Town and the district; the termination of the Lease in September, 2022; clauses regarding maintenance; the impact to debts and obligations should the Town withdraw from the district; language regarding “withdrawal parcels of land” vs. “withdrawal of the Town of San Anselmo”; if the proponents are aware the withdrawal will probably not release property owners from debts and obligations; if the Council needs to decide tonight whether or not to do a Ballot Argument.
Mayor Burdo opened the meeting to public comments.
2 Carol referred to the staff report, Attachment 1, and offered a different opinion. The district has delivered a project that is in direct conflict with the funding agreement between the district and the Town. The district has breached the contract and the Town is released from the duty to pay fees.
Mr. Steve Emory, San Francisco Boulevard, pointed out that a number of flood control projects were taken off the table including the Red Hill Detention Basin, Phoenix Lake, and Deer Park School. This initiative is a symbolic gesture whether residents continue to pay the fee or not.
Mr. Ford Greene stated the initiative shines a spotlight on the County’s waste and misconduct in implementing flood control in San Anselmo. The initiative is a symbolic protest of the County’s closure of Creek Park Plaza by putting it “in jail” against a majority of engineering reports concluding that it is safe to use.
Mr. Jeff Kroot stated the 2007 ballot measure was sold through “false advertising”. Property owners are tired of paying $153 per year for nothing. Demolishing the plaza will guarantee that the Town will get sued by downstream property owners should flooding occur.
Mr. Paul Chignell, Rivera Street, agreed with Mr. Kroot- the outpouring of support for this initiative was overwhelming. He asked the Council to remove the Town from the flood fee.
Mr. Ross Asselstine, San Anselmo Avenue, discussed the opportunity for the Council to vote on “for” or “against” the initiative.
Ms. Ann Politzer, Brookside Drive, commended staff on the quality of the report. The County has been opaque on what is going on with respect to the removal of Building Bridge 2. The plan has changed- the baffle is not happening, the Winship Bridge in Ross is staying, and the hydrological model has been recalibrated.
Ms. Fran Farmer, Laurel Avenue, stated residents should be able to weigh in and decide on how tax dollars are spent. This project is a boondoggle with no end in sight.
Mr. Adrian McNeal, Sycamore Avenue, stated he was directly affected by the flood in 2021.
Flooding is a risk that cannot be handled locally. He urged the Council to place the measure on the General Election ballot and hold public forums during the summer of 2024 to discuss the pros and cons of leaving the district.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke stated the initiative should go on the March ballot- she did not want to wait a year. The issue has been discussed around Town for quite a while. She would be in favor of the Council submitting an “Argument in Favor”.
Councilmember Kullaway was concerned that the issue is being conflated with Creek Park and that the March date would not allow them to provide enough information. Residents need to know that the SAFR project is moving forward regardless.
Councilmember Colbert stated the proponents of the measure are aware that if San Anselmo votes to withdraw from the district it will not eliminate the need for property owners to pay the fee. This is symbolic at best and potentially misleading to voters. Portions of the mitigation projects are due to be completed this summer. Placing the measure on the November ballot would provide voters with more clarity on the issue.
3 Councilmember Fineman stated most of the public comments made tonight do not reflect the nature of what will be voted on. She agreed this is a symbolic vote- it will not save the plaza, will not stop the project, and will not relieve the flood fee. She supports putting the initiative on the March ballot.
Vice Mayor Burke stated they will be in the district for three more years but will not have the liability for any new projects. It is not just symbolic and is not simply about the plaza. There is a concern that Flood Zone 9 is not a model that works compared to the Marin Wildfire Prevention Authority (MWPA). It rocks!
Mayor Burdo stated tonight’s decision is when to put this on the ballot, whether to issue an Argument, and the language. He supports putting the initiative on the March ballot and he did not see cost as a huge barrier. Public debate should occur during a campaign. He stated the Council should not issue any Argument.
Vice Mayor Burke suggested the following language: “Shall an initiative measure be adopted to withdraw the Town of San Anselmo including all parcels of land in the Town from the Marin County Flood Control and Water Conservation District Zone 9”.
M/s, Burke/Kullaway, Motion to adopt the Resolution with the language recommended by Vice Mayor Burke.
AYES: Burke, Fineman, Kullaway, Mayor Burdo
NOES: Colbert
M/s, Fineman/Burke, Motion to adjourn the meeting at 7:25 p.m.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Respectfully submitted,
Toni DeFrancis,
Recording Secretary