1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, July 23, 2024
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo
Eileen Burke, 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
Sean Condry, Public Works Director
Erika Freeman, Building Official
Mike Norton, CMPA Chief
A. Call to Order: 6:45 P.M.
B. Mayor Burke announced that item B.1 will be discussed in Closed Session Closed Session pursuant to Government Code Section 54956.8 Conference with Legal Counsel- Existing Litigation (Paragraph (1) of subdivision (d) of Section 94956.9) Name of case: Parkside Apartments v. Town of San Anselmo et al. (Marin County Superior Court No. CV0003300)
C. Public Comment on Closed Session Items- There was no Public Comment.
D. Council adjourns to Open Session.
The Council reconvened in the Town Council Chambers at 525 San Anselmo Avenue, San Anselmo CA 94960
Mayor Burke stated there was nothing to report from the Closed Session.
Open Time for Public Expression
There were no comments.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Vice Mayor Kullaway stated she had no reports.
Councilmember Fineman reported she attended the MCE meeting.
Councilmember Burdo reported that “Live on the Avenue” has been great and he gave a “shout- 2 out” to staff and the community; he attended the Ross Valley Fire Department Board meeting.
Councilmember Colbert reported he attended “Live on the Avenue” and is excited to see more involvement by the merchants; attended the Ross Valley Fire Board meeting; joined Friends of Corte Madera Creek; attended the retirement of Mr. Rich Shortall, head of Fire Safe Marin; the Transportation Authority of Marin (TAM) meeting; threw out the First Pitch (right down the middle) at a Pacific’s game; attended the July 7th Cedars/San Anselmo Arts Commission Exhibit; a Marin Conservation League event; the California Alliance for Jobs event; encouraged anyone interested to attend the TAM Countywide Transportation Plan meeting this Thursday.
Mayor Burke reported she attended the Marin County Council of Mayors and Councilmembers (MCCMC) meeting.
Special Presentation
There were no Special Presentations.
1. Consent Agenda
1.1 Approved the Draft Minutes of the Town Council Meeting- June 25, 2024
1.2 Received the Recreation Finance Report for the month of June 2024
1.3 Consideration to Approve a Special Event Application- San Anselmo Community Parade 2024
1.4 Received the Report of Checks Issues for the month of June 2024
1.5 Received the Revenue and Expenditure Reports for the month of June 2024
1.6 Response to Marin County Grand Jury Report: “Cyber Preparedness: Are We There Yet?”
1.7 Response to 2024 Grand Jury Report Entitled “With Power Comes Responsibility- Youths Under Age 16 Operating Class 2 E-bikes: A Safety Risk”
1.8 Consideration to Approve a Special Event Application- Goblins’ BOOtacular 2024
1.9 Consider Adopting a Resolution No. 2024-4553 authorizing the donation of $12,000 to Marin Open Space Trust (MOST) for the acquisition of the Wall Property in Fairfax, directly adjacent to San Anselmo
Mayor Burke opened the meeting to public comments
Jonathon spoke in support of item #1.9. He complimented the author of the staff report.
Stan supported item #1.9
Mr. Bob Middlestead, representing E-bike Access, asked for the removal of item #1.7 for discussion. He talked about Super 73 bikes and illegal throttle bikes. He noted Councilmember Colbert’s pitch was a bit outside.
Ms. Cathy Sanders referred to item #1.3 and stated she had missed the Community Parade.
She supported item #1.9.
3 Mr. Johnathon Friedman agreed with Mr. Middlestead.
Mayor Burke closed the meeting to public comments.
Councilmember Burdo asked to pull item #1.7and #1.9 from the Consent Calendar.
1.9 Consider Adopting a Resolution authorizing the donation of $12,000 to Marin Open Space Trust (MOST) for the acquisition of the Wall Property in Fairfax, directly adjacent to San Anselmo
Councilmember Burdo supported this once in a lifetime opportunity. He thanked everyone who has supported this acquisition.
The Council agreed with Councilmember Burdo.
1.7 Response to 2024 Grand Jury Report Entitled “With Power Comes Responsibility- Youths Under Age 16 Operating Class 2 E-bikes: A Safety Risk”
Councilmember Burdo stated he is the Chair of the Central Marin Police Authority (CMPA) and CMPA Chief Norton has been working with the schools and local jurisdictions on this issue.
Vice Mayor Kullaway read a prepared comment.
Councilmember Colbert stated e-bikes can present a problem and people are searching for solutions. The topic warrants further study.
CMPA Chief Norton stated most of the law enforcement problem and calls do not involve e-bikes but rather electric motorcycles, mini-bikes, and mopeds. The Super 73 is not an e-bikeit is a moped. He discussed the requirements of owning and riding a vehicle that is motorized.
Councilmember Fineman stated she is comfortable with the response as drafted.
Mayor Burke stated this is a safety issue and reasonable measures should be taken including wearing helmets.
Councilmember Burdo referred to Question F5 and stated it was not for the San Anselmo Council to answer.
Town Manager Donery stated the only change is to adopt San Rafael’s answers to Findings #5 and #6.
M/s, Burdo/Colbert, Motion to approve Consent Calendar items #1.1, #1.2, #1.3, #1.4, #1.5, #1.6, #1.7 as amended, and #1.8.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke M/s, Colbert/Burdo, Motion to approve Consent Calendar item #1.9.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke Mayor Burke stated she would like the issue regarding e-bikes and consumer fraud on an upcoming agenda.
2. Public Hearings
4 2.1 Public Hearing to Consider Amendments to the ODDS to implement State Housing Law, Clarify the Appropriate Review Authority and Procedures, and Correct Typographical Errors
Planning Director Scoble presented the staff report. Staff answered questions from the Council regarding whether items #2 and #3, cited in the staff report, were 20% low income bonus sized projects; a comparison of items #2 and #3; if the amendments were reviewed by the Planning Commission.
Mayor Burke opened the meeting to public comments
Mr. Jonathon Friedman supported the staff report including making the Planning Commission the reviewing body and HAA projects subject to discretion and CEQA review.
Mr. Jamie Perlman supported the amendments to the ODDS. They will create the appropriate level of transparency.
Cathy supported the staff report- it is a step in the right direction.
Mayor Burke closed the meeting to public comments.
M/s, Burdo/Colbert, Motion to read by title only an Ordinance of the Town Council of the Town of San Anselmo Amending Title 10, Chapter 20, Objective Design and Development Standards, to Implement State Housing Law, Clarify Review Authority and Procedures, and Correct Typographical Errors.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke M/s, Burdo/Colbert, Motion to approve the first reading of an Ordinance of the Town Council of the Town of San Anselmo Amending Title 10, Chapter 20, Objective Design and Development Standards, to Implement State Housing Law, Clarify Review Authority and Procedures, and Correct Typographical Errors and waive future readings in their entirety.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.2 Appeal of Town Staff Determination to Require Undergrounding of Utilities for 76 Longwood Drive (APN 006-262-09)
Mayor Burke noted the Council does not hear many appeals and she discussed the ground rules.
Public Works Director Condry presented the staff report. Staff answered questions from the Council regarding whether it is common practice to use the assessor’s valuation; if other measures are used; how the Town verifies the cost of the project; why the Town uses the $250 per square foot figure; if the appellant has contested the valuation of the project; when a “permit closes”; the length, in both linear feet and time, required to accomplish an undergrounding of utilities; ownership of the poles and associate rights; if the work could be done easily; if the hardship pathway would be open to the appellant if the appeal were denied.
Mayor Burke opened the meeting to public comments
Mr. John Sharp spoke on behalf of the appellant. He did not think there was a dispute between the appellant’s and staff’s position with reference to the applicable law. The Undergrounding Ordinance makes reference to the California Building Code which establishes the criteria of 50% of market value. The difference is in the interpretation of the ordinance and State Law. 5 Market value is the applicable measure and the tax assessor’s office does not deal with market value. He referred to the Hardship Section of the ordinance which allows the Building Official to grant an exception. The figure of $251,000 that staff came up with (used as the numerator) along with the values from the certified appraisers do not get you to 50%.
Mr. Sharp answered questions from the Council regarding what was accepted by the appellant at the time the permit was issued and why the appellant filed an appeal; his interpretation regarding the difference between assessed and market value; the length and cost of this undergrounding.
Mayor Burke closed the meeting to public comments.
Mayor Burke stated she had to underground her utilities about five years ago at a cost of about $10,000 to $15,000. The requirements are in place due to aesthetics and safety. The code does not define the means of determining market value and the argument for using the assessed or appraised value is reasonable. The code needs to be revisited in terms of how market value is determined. She would support granting a hardship in this instance. The benefit should go to the resident.
Councilmember Burdo stated he agreed with Mayor Burke that this could be identified as a hardship. Assessed value is lower than market value.
Councilmember Fineman was sympathetic to the difference in market vs. appraised value on a theoretical basis. The discrepancy in this case is significant and she is not persuaded on the basis of the valuation. If this is a hardship case then it should be vetted by staff in the normal process. She is inclined to deny the appeal.
Councilmember Colbert stated he is inclined to uphold the staff report and deny the appeal.
Mayor Burke asked if the hardship issue could be referred back to the Building Department.
Town Attorney Acevedo stated the Council could add this to the resolution.
M/s, Colbert/Fineman, Motion to adopt Resolution No. 2024-4554 to deny the appeal and to add the following to the resolution: This decision does not preclude the appellant from filing for a hardship request under Section 9-4.03.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway
NOES: Mayor Burke
The Council took a 5-minute break 9:10 p.m.
3 Council Business Items
3.1 Consider to Designate Councilmember(s) to Draft and Submit an Argument Regarding Just Cause Eviction and Tenant Protection ballot measure Town Clerk Avila presented the staff report. Staff answered questions from the Council regarding whether only two arguments (pro and con) and rebuttals were placed in the ballot pamphlet; whether a Councilmembers can choose to not have his or her name on any of the arguments; if three Councilmembers could sign an argument without it being a Brown Act violation; if a Councilmember could author an argument independently without being designated by the Council; if the argument written by a Councilmember could include signatures from two community members; if designation of the rebuttal authors can be left open.
Mayor Burke opened the meeting to public comments
6 Mr. Todd Greenberg stated there should be some discussion about what happens if there is more than one argument submitted for either side with a subsequent counterargument. He asked if it was too late to withdraw this from the ballot given the recent lawsuit.
Mayor Burke closed the meeting to public comments.
Mayor Burke suggested designated one of the supporting Councilmembers to write the primary argument and sign his or her name.
M/s, Burke/Burdo, Motion to designate Councilmember Burdo, Fineman, or Kullaway to write the primary “for” ballot argument and designate Councilmember Colbert or Mayor Buke to write the primary “con” argument, with the same groups writing the rebuttals if they wish. Neither group is writing for the other non-signators. Election Code regulations must be followed.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
3.2 Designation of a Voting Delegate and Alternate(s) for the League of California Cities Annual Conference October 16-18 2024
Town Clerk Avila presented the staff report. There were no questions from the Council.
Mayor Burke opened the meeting to public comments
There were no comments.
Mayor Burke closed the meeting to public comments.
Councilmember Burdo volunteered to serve as the voting delegate for the League of California Cities Annual Conference October 16-18 2024.
M/s, Fineman/Burdo, Motion to adjourn the meeting at 9:36 p.m.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke Respectfully submitted,
Toni DeFrancis,
Recording Secretary