Agenda packet — San Anselmo City Council, June 28, 2022 (part 3 of 4)

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
350
San Anselmo Housing Element Advisory Committee Application 2 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Renter,
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Single without children,
Family with children
Q11
Age Group
Older Adult (65+)
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background BA from Vanderbilt University, residential mortgage broker/banker in Marin for 30 years, currently working full-time independently. No recent civic participation. I have owned and lived with my family in two houses in San Anselmo over a period of 12 years, from 1998 to 2010. As a single person, I have rented a home here for the last 8 years.

Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I am applying for this position because it is an area both of interest and expertise, and because I do want to give back to the community. Both personally and professionally I have been avidly following the emergence of ADUs for over a decade. I raised three children in Marin, all of whom live here (two are homeowners), so I have also been keenly following the affordability debate, and all of the thorny issues involved. I would really like to be involved in finding ways to thread the needle of mitigating the housing shortage/affordability issues that we face without doing damage to the quality of life that brought us all here.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
351
San Anselmo Housing Element Advisory Committee Application 3 / 30
Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Richard Redmond
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
352
San Anselmo Housing Element Advisory Committee Application 4 / 30
Q1
General Information
Name Robin Poppers
Address 52 Grove Lane
City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 415 637 8646
Q2
Years residing in San Anselmo
48 Q3
Occupation
Architect (retired)
Q4
References
Name/Phone John Frando, HKIT Architects (510) 625-9800
Name/Phone Diana Ariza-Klose, HKIT Architects (510) 625-9800 Q5
Are you available to attend daytime meetings?
Yes
#2

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, June 09, 2022 1:18:36 PM
Last Modified: Thursday, June 09, 2022 2:15:45 PM
Time Spent: 00:57:08
IP Address: 73.170.47.45

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
353
San Anselmo Housing Element Advisory Committee Application 5 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Senior not living in Senior Housing
Q11
Age Group
Older Adult (65+)
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning between $60,900 and $120,200 annually for 1-
person hh, $69,600-$137,350 for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background Licensed Architect, B. Arch from UCB, practicing residential design since 1971. Most recent 18 years in construction administration with HKIT Architects. Participation in affordable multi-family and senior housing projects - including Alma Via in San Rafael - and nonprofit sponsored housing for the formerly homeless. Assignments included meeting with Owners, Sponsors, Agencies and Contractors.

Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) San Anselmo is such an attractive town for many people. Finding appropriate ways to integrate a diverse population into a community that is historically developed is a fascinating challenge. The existing physical environment will impact social and economic goals. I believe I can bring hands-on experience in that aspect of the Committee's work.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
354
San Anselmo Housing Element Advisory Committee Application 6 / 30
Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Robin Poppers
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
355
San Anselmo Housing Element Advisory Committee Application 7 / 30
Q1
General Information
Name Andrew McCune
Address 49 Sunnyside Avenue
City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number (206)850-8500
Q2
Years residing in San Anselmo

0.5 Q3
Occupation
Architect
Q4
References
Name/Phone Faten Abdullah/(916) 235-0564
Name/Phone TJ Foster/ (808) 298-2107
Q5
Are you available to attend daytime meetings?
No
#3

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, June 09, 2022 10:05:36 PM
Last Modified: Thursday, June 09, 2022 10:48:33 PM
Time Spent: 00:42:57
IP Address: 157.131.220.246

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
356
San Anselmo Housing Element Advisory Committee Application 8 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Renter,
Owner,
Experiencing Homelessness
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family with children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background I have previously taught architectural studio and architectural/art history at the college level. I have been employed in the field of architecture since 1995. I received an A.B. in Architecture and an M.Arch in Architecture. I would like to contribute to and serve the community with my knowledge and talents.

Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I strongly believe that healthy communities provide a range of housing types of quality for a broad range of socio-economic cohorts.

Meeting this challenge is only limited by the creativity of those involved.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
357
San Anselmo Housing Element Advisory Committee Application 9 / 30
Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Andrew McCune
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
358
San Anselmo Housing Element Advisory Committee Application 10 / 30
Q1
General Information
Name Sandra Becker
Address 287 Butterfield Road
City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 4153101880
Q2
Years residing in San Anselmo
11 Q3
Occupation
Nonprofit Consultant
Q4
References
Name/Phone Bruce Friedricks, 510.612.0420
Name/Phone Susan Clark, 415.902.6592
Q5
Are you available to attend daytime meetings?
Yes
#4

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, June 10, 2022 6:21:02 AM
Last Modified: Friday, June 10, 2022 7:09:02 AM
Time Spent: 00:48:00
IP Address: 98.51.6.223

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
359
San Anselmo Housing Element Advisory Committee Application 11 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Mondays,
Tuesdays,
Wednesdays,
Thursdays,
Fridays
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Renter
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Single without children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background I graduated from San Francisco State University with a BS in Business Administration. I am a former CPA, with 5 years at Ernst & Young. I owned and managed a document management company, Fort Docs, for 5 years. I have 20+ years of experience working with Non Profit organizations as Controller, Director of Finance, and CFO. I am the founder and principal consultant at Cycle Advisors, providing interim and fractional CFO service to Nonprofit organizations for the past 3 years. I am a former trustee of HeadsUp, the foundation supporting San Rafael Public Schools. I have been the treasurer at Leadership Public Schools in Oakland for four years, term ending in June 2022. I volunteered in the local public schools when my children were student, from 2000 - 2013. I served worked with MCBC to launch the Safe Routes to Schools program at Sun Valley Elementary School.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
360
San Anselmo Housing Element Advisory Committee Application 12 / 30
Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I have lived in Central Marin for over 30 years, the last 11 in San Anselmo. During this time, the demand for housing to accommodate working and middle class families has out paced supply. The state of California has passed legislation requiring all municipalities to develop plans to expand the number of housing units. I look forward to collaborating with others in the community to develop recommendations that support housing development to meet the increased demand.

Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Sandra Becker
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
361
San Anselmo Housing Element Advisory Committee Application 13 / 30
Q1
General Information
Name Cecily Wilson
Address 8 Crescent Lane
City/Town San Anselmo
State/Province California
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 415-706-7842
Q2
Years residing in San Anselmo
29 Q3
Occupation
Self-employed business services
Q4
References
Name/Phone Alexis Fineman/
Q5
Are you available to attend daytime meetings?
Yes
#5

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, June 10, 2022 9:40:54 AM
Last Modified: Friday, June 10, 2022 9:51:53 AM
Time Spent: 00:10:59
IP Address: 76.126.108.26

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
362
San Anselmo Housing Element Advisory Committee Application 14 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family with children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning between $60,900 and $120,200 annually for 1-
person hh, $69,600-$137,350 for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background Attended Archie Williams HS, earned a BA in Philosophy from SFSU. Civic participation has been mostly in the form of peaceful protest, and attending town meetings to speak on subject which interest me.

Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I am interested in working to develop more affordable housing in San Anselmo so that the population of the town becomes more diverse and energized. I'd love for the town to become a model of imagination and creativity when it comes to how we deal with affordable housing.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
363
San Anselmo Housing Element Advisory Committee Application 15 / 30
Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Cecily Wilson
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
364
San Anselmo Housing Element Advisory Committee Application 16 / 30
Q1
General Information
Name Stephanie Schrandt Boone
Address 226 Van Tassel Ct.

City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 415 235 7746
Q2
Years residing in San Anselmo
16 Q3
Occupation
Lawyer, Insurance Executive
Q4
References
Name/Phone Stephanie Hellman/+1 (415) 250-5129
Name/Phone Stephanie Goldsborough/+1 (415) 261-8078
Q5
Are you available to attend daytime meetings?
Yes
#6

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Saturday, June 11, 2022 10:37:56 AM
Last Modified: Saturday, June 11, 2022 3:56:39 PM
Time Spent: 05:18:42
IP Address: 23.127.167.71

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
365
San Anselmo Housing Element Advisory Committee Application 17 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family with children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background - Bachelor of Science, Journalism + Juris Doctor.
- 9 years in private practice of law — predominantly civil litigation (licensed in CA and FL) - 16 years Corporate experience in Reinsurance/Insurance executive positions. - Recently resigned from Chief Claims Officer position at Swiss Re Corporate Solutions (was head of North America Claims), and with more free time - I am now looking to expand my involvement in local civic and philanthropic endeavors. - In my career I have been heavily involved in diversity, equity & inclusion initiatives — most recently serving as Executive Sponsor for Swiss Re’s Together with Pride (LGBTQ) Employee Resource Group - We are a diverse family (multi-racial and LGBT), so we represent a perspective that is relatively unique in San Anselmo & Marin County at large.
- I have been active in national politics, working as a volunteer for the Obama, (Hillary) Clinton & Biden presidential campaigns. - Our two children (ages 15 & 16) have lived their whole lives in San Anselmo, so we have broad familiarity & experience with Rec Sports, public & private schools (Brookside, St. Anselm, Marin Catholic & Archie Williams), local businesses, etc. - but I have not been directly involved in local politics, so I start with a super clean slate.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
366
San Anselmo Housing Element Advisory Committee Application 18 / 30
Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I am passionate about equity in all of its dimensions, but especially equitable use of land and public resources. The daughter of a City Engineer, I have always had a keen interest in urban planning and development that started with my law school elective courses in Zoning and Real Property.

I have followed with great interest the challenges the pandemic has highlighted & exacerbated in respect of the growing socioeconomic divide. What seems to be standing in the way of solutions to challenges like affordable housing — particularly given our current political climate — is the right mix of creativity, pragmatism and empathy.

With my legal and regulatory background, and my 16+ years of lived experience in our town, I feel uniquely qualified to bring focused, objective, problem-solving skills to contribute to the evolution of our Housing Element and General Plan. San Anselmo is a town of great promise & I would be grateful for the opportunity to contribute & serve to insure that the San Anselmo Housing Element Update achieves our broadest community objectives for equitable land use, transportation, conservation, noise, open space, safety, and housing.

Thank you for your consideration.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Stephanie Schrandt Boone
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
367
San Anselmo Housing Element Advisory Committee Application 19 / 30
Q1
General Information
Name Patrick Walsh
Address 11 Vine Ave
City/Town San Anselmo
State/Province California
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 5044003463
Q2
Years residing in San Anselmo
2 Q3
Occupation
Consultant (Education)
Q4
References
Name/Phone Scott Binnings/2029971012
Name/Phone Marjorie McDonald/9258766179
Q5
Are you available to attend daytime meetings?
Yes
#7

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, June 13, 2022 1:35:29 PM
Last Modified: Monday, June 13, 2022 4:34:27 PM
Time Spent: 02:58:57
IP Address: 73.189.143.76

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
368
San Anselmo Housing Element Advisory Committee Application 20 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family with children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background I have a BA in Political Science from the University of Florida, a MA in Organizational Leadership from Columbia University and an Ed.D in Educational Leadership from the University of Florida.

I am currently self-employed as a consultant specializing in education, particularly charter school authorization. I began my career as a teacher and have worked in education for nearly 20 years, including several years leading charter school oversight for the state of Louisiana.

I am a recent resident of San Anselmo and moved during the pandemic so I am just beginning to engage in the local community. I first became engaged with community service through my experience becoming an Eagle Scout. Before moving to California, I was very active in the New Orleans community including serving on the board of the Young Leadership Council (including 1 year as Vice President) and as a founding member of the Independent Police Monitor Task Force. I hope to become more engaged in the community as in-person events become more accessible.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
369
San Anselmo Housing Element Advisory Committee Application 21 / 30
Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I bring a range of experiences and knowledge to the HEAC and hope to learn from this process and other members of the community.

First, I have a professional background in policy and have actively followed the RHNA process and data; I am familiar with the RHNA process, California's legislative process, as well as our local government.

Having recently purchased a home in San Anselmo, I am intimately familiar with the challenges of buying a home and homeownership in Marin and across California at this time. In addition, my home has an approved ADU that is structured and approved as a rental unit but, for various reasons, we have opted not to put it on the rental market at this time; accordingly, I have a vested interest in the rental market. Further, I have worked in schools located in socioeconomically disadvantaged communities for nearly 20 years so I am deeply passionate about fair and accessible housing and their value to local communities.

I hope to participate in the HEAC to engage with other members of the local community as we learn together and solve complex community-wide problems. I am thankful for the opportunity to live in such a delightful town and hope to give back to the local community by offering my time and service.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Patrick Walsh
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
370
San Anselmo Housing Element Advisory Committee Application 22 / 30
Q1
General Information
Name Erin Aradi
Address 1314 Sir Francis Drake Blvd
City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 415-577-7370
Q2
Years residing in San Anselmo
4+ (50+ in Marin)
Q3
Occupation
Academic Advisor at Dominican University
Q4
References
Name/Phone Kristen Turek, Sr. Director, Marin Community Foundation/415-250-3140 (San Anselmo resident)
Name/Phone Daniel Cassidy, Asst Dean, Dominican School of Business/415-743-0025 (San Anselmo resident)
#8

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, June 15, 2022 2:20:17 PM
Last Modified: Wednesday, June 15, 2022 3:31:04 PM
Time Spent: 01:10:46
IP Address: 75.101.47.58

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
371
San Anselmo Housing Element Advisory Committee Application 23 / 30
Q5
Are you available to attend daytime meetings?
No
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Duplex (2 units)
Q10
Household Type (check all that apply)
Family without children
Q11
Age Group
Adult
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning between $60,900 and $120,200 annually for 1-
person hh, $69,600-$137,350 for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background - B.S. UC Davis
- M.A. UC Berkeley
- 22 years of employment at Dominican University serving on multiple committees (e.g., the Institute for Leadership Studies Board) - Member of San Anselmo Resilient Neighborhoods group in 2018 - I have attended presentations offered by the town of San Anselmo, such as the two on the Hub studies.

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
372
San Anselmo Housing Element Advisory Committee Application 24 / 30
Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I am a lifelong Marin resident. I have mostly been a renter, but in 2017 I was lucky enough to purchase one of the few below market rate homes in San Anselmo through the Marin Housing Authority. I stay current on housing legislation, within both California and Marin County. Serving on the HEAC sounds really interesting and I believe my background and experience are directly in line with your qualifying factors.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Erin Aradi
ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
373
San Anselmo Housing Element Advisory Committee Application 25 / 30
Q1
General Information
Name Kathy Ogren
Address 18 Kensington Ct.

City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number 9097544310
Q2
Years residing in San Anselmo
As a work related resident, 3 years.

Q3
Occupation
Senior Executive, University of Redlands, Marin Campus
Q4
References
Name/Phone President Krista Newkirk, 909-793-2121
Name/Phone Chris Ocker, 415-613-2418
Q5
Are you available to attend daytime meetings?
Yes
#9

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, June 15, 2022 8:13:53 PM
Last Modified: Wednesday, June 15, 2022 8:23:07 PM
Time Spent: 00:09:14
IP Address: 73.222.248.193

Page 1 ends

ITEM 1.7 ATTACHMENT 1
ITEM 1.7 ATTACHMENT 1
374
San Anselmo Housing Element Advisory Committee Application 26 / 30
Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family without children
Q11
Age Group
Older Adult (65+)
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background I manage the University of Redlands Marin campus in San Anselmo, living on site and supervising rentals to students and non students
Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) The University of Redlands seeks to better understand and serve the community through its provision of housing resources. I would like to learn more and contribute to community on behalf of the University. I have recently located to the campus as a permanent resident.

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San Anselmo Housing Element Advisory Committee Application 27 / 30
Q15
DECLARATIONS - Please acknowledge each item by
checking the corresponding box
I am aware that the Housing Element Update process is
up to a 1-year effort and I am prepared to make the
commitment to serve on the HEAC for this time period. I understand my role on the HEAC and am prepared to
serve accordingly.
,
I request that you consider my application to be a
member of the San Anselmo Housing Element Advisory
Committee (HEAC). I am prepared and will be able to
devote the time necessary to perform the duties of this body. I am also aware that my application will be made
public as an applicant for this body and that this
application will be held on file for subsequent
vacancies.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Kathy Ogren
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Q1
General Information
Name Jeff
Address Kroot
City/Town San Anselmo
State/Province CA
ZIP/Postal Code 94960
Email Address [email protected]
Phone Number (415) 456-5531
Q2
Years residing in San Anselmo
43 Q3
Occupation
Architect
Q4
References
Name/Phone Ellen Caldwell (415) 298-8860
Name/Phone Vlad Iojca (415) 774-6776
Q5
Are you available to attend daytime meetings?
Yes
#10

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, June 16, 2022 2:57:24 PM
Last Modified: Thursday, June 16, 2022 3:20:26 PM
Time Spent: 00:23:02
IP Address: 75.144.245.62

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Q6
Are you available to attend evening meetings?
Yes
Q7
Days you are not available to attend daytime/nighttime
meetings
Respondent skipped this question
Q8
Please indicate which segments of the community you
would represent as a member of the HEAC
Owner
Q9
Which answer best describes the type of housing you live in currently
Single Family (1 unit, or 1 unit plus an ADU)
Q10
Household Type (check all that apply)
Family without children
Q11
Age Group
Older Adult (65+)
Q12
Household (hh) Income Group (voluntary, not required - 1 or 2 adult earners)
Earning more than $120,200 for a 1-person hh, $137,350
for a 2-person hh
Q13
Briefly describe your educational, employment, and civic participation background UC Berkeley, Bach of Architecture, 1967
UC Berkeley, Structural Engineering, no degree 1967
General Contractor's B1 License, 1971
Architect License, 1973
Opened Architects Office in San Anselmo, 1975
San Anselmo Board of Appeals, 1982-1984
Winner of Fairfax Affordable Housing Contest, 1983
San Anselmo Planning Commissioner, 1984-1993
San Anselmo Town Council 1993-2005
San Anselmo Mayor, 1996-1997
San Anselmo Mayor, 2000-2001
San Anselmo History Commissioner, 2006-2009
San Anselmo Town Council, 2009-2013
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Q14
Briefly describe your interest your interest in serving on the Housing Element Advisory Committee (HEAC) I am a long time resident of San Anselmo and an architect with an office in Town. Over the years I have developed a good feel for the needs of our community through my career and community service. I understand the need for affordable housing, but I am concerned about overdevelopment and the destruction of our heritage homes and neighborhoods. There is a balance that must be made and I feel my input on the Committee will be useful.

Q16
By entering your name below, you acknowledge that that you have completed this application for yourself and no one else.

Jeff Kroot
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San Anselmo Council Minutes
Regular Meeting
Town Council Chambers and Via teleconference
Tuesday, June 14, 2022

1. 6:10 p.m. Interviews with Applicants to the Planning Commission and Climate Action Committee
Mayor Fineman called the Regular meeting to order at 7:00 p.m.

Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Alexis Fineman, Mayor
Steve Burdo, Vice-Mayor
Eileen Burke
Brian Colbert
COUNCILMEMBERS ABSENT: Ford Greene
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Erica Freeman, Building Official
Jeff Zuba, Finance Director
Open Time for Public Expression
Ms. Lucy Dilworth asked the Council to think very carefully about doubling the Measure “D” Sales Tax and proposing it without a term limit. Inflation is the highest it has been in 40 years.

Mr. Doug Kelly agreed that doubling the Sales Tax is inappropriate. The language in the ballot regarding the term limit (“until repealed by voters”) is not understood by the public.

Ms. Sue Saunders thanked the Council for the allocation of funds to the “Ride and Drive Clean” campaign. It was a huge success!
Guy stated he and some friends started an organization called “The Friends of Creek Park”.

They are concerned about the use of the park. He discussed the Town’s Regional Housing Needs Allocation (RHNA) numbers.

Mr. Rene Voss urged the Council to oppose AB 396 which allows PG&E to cut trees along their power lines without notice and at their discretion. He stated wood chippers are a violation of the Town’s Noise Ordinance.

Abby was concerned about PG&E cutting and topping trees on private property without permits.

Council committee liaison reports, requests for future agenda items, questions and comments to staff; staff miscellaneous item
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Councilmember Burke reported she attended the “Ember Stomp” event; took the Historical Bicycle Tour of San Anselmo along with Mayor Fineman; attended the Archie Williams High School Graduation; attended “Live on the Avenue”; relayed a comment from a resident about the open public alcohol consumption downtown.

Vice Mayor Burdo reported he attended “Ember Stomp”; attended the June 8th Ross Valley Fire Board meeting; attended the June 7th Racial Equity Committee meeting; attended “Live on the Avenue”; gave a shout-out to Sue Saunders; asked that the Council discuss the Measure D “sunset” clause at an upcoming meeting.

Councilmember Colbert supported Vice Mayor Burdo’s request about the future agenda item; attended the Transportation Authority of Marin (TAM) meeting; went to all the downtown events; participated in an on-line discussion about Sir Francis Drake Boulevard sponsored by Alta Journal.

Mayor Fineman reported she attended the community Pride Month Flag raising event; has been involved in on-going conversations about PG&E tree cutting issues; attended the celebration for Virginia Stapleton; reminded everyone that COVID is prevalent and asked people to be cautious; welcomed the Climate Action Coordinator, a shared position with the Town of Fairfax; would like to place the SB 396 issued on the next meeting’s agenda.

2. Consent Agenda

2.1 Minutes of May 24, 2022

2.2 Report of Warrants Issued, May 2022

2.3 Consider Adoption of Resolution to Allow for Virtual Town Council Meetings in Compliance with AB 361

2.4 Appoint applicants to the Climate Action Committee

2.5 CalRecycle SB 1383 Local Assistance Grant Program Aware

2.6 Establishing Job Description and Pay Range for Public Works Manager Position Mayor Fineman opened the meeting to public comments.

There were no comments.

Mayor Fineman closed the meeting to public comments.

Vice Mayor Burdo asked for the removal of item #2.4 for discussion.

Councilmember Burke asked for the removal of items #2.1 and #2.5.

M/s, Burdo/Burke, Motion to approve Consent Agenda items #2.2, 2.3, and 2.6.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene

2.1 Minutes of May 24, 2022
Councilmember Burke made a correction to the minutes.
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2.4 Appoint applicants to the Climate Action Committee
Vice Mayor Burdo stated one of the applicants was unable to show up. He recommended the appointment of Cynthia Briggs.

2.5 CalRecycle SB 1383 Local Assistance Grant Program Aware Councilmember Burke asked if the grant would be used to fund the Climate Action employee and if the grant was the only money being devoted to this issue.

Town Manager Donery stated the grant will go into the Climate Action Fund and must be used to further SB 1383 implementation and compliance. There is a need for more than one person so staff plans to hire consultants and fellows.

M/s, Burke/Colbert, Motion to approve Consent Agenda items #2.1, 2.4, and 2.5 with the corrections to the May 24th minutes and the appointment of Cynthia Briggs to the Climate Action Committee.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
Council Items

3. Flood Zone 9
Ms. Liz Liss, County of Marin, presented a PowerPoint presentation that included the following:
1) Ross Valley Flood Protection and Watershed Program Update; 2) Ross Valley Program Work Plan and Project Update; 3) FEMA Requirements for Development in a Regulatory Floodway; 4) 90% Baffle Design (634-636 San Anselmo Avenue); 5) Options Discussed by Board; 6) SAFRR Timeline with No Rise Baffle Structure.

Ms. Liss answered questions from the Council regarding whether mitigations for the twenty downstream properties have been determined; does the baffle design assist downstream properties in terms of flood mitigations; if there are funds available for mitigations on those downstream properties; if the baffle project has been certified by FEMA; if approval of the design is anticipated; does the Town need to certify the baffle project; if certified, would the Town accept any form of liability; the relationship between Flood Zone 9 and the Town of San Anselmo in terms of decision making; properties owned by Flood Zone 9; could the revenues and expenditures of Flood Zone 9 be made available to the Town; property owners and liability; future negotiations between the Town and Flood Zone 9.

Mayor Fineman opened the meeting to public comments.

Ms. Cathy Shafer stated she was an engineer with FEMA and worked on the recent Flood Map updates. The “Floodway” designation is an artificial designation created to ensure that the base flood flows through the channel and is not obstructed by development. She offered to work with Ms. Liss to create a video for explanation purposes.

Ms. Carol Page stated “certification” means that the baffle is in place. They should be questioning the design life of the baffle once it is in place. She asked if the peer review has been finished.

Mr. Ross Asselstine stated the Town’s participation in Flood Zone 9 has resulted in a waste of 382
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time and money. It is time to start talking about exiting Flood Zone 9.

Ms. Ann Walter opposed the removal of the platform and insertion of a baffle since it did not benefit upstream or downstream properties. The baffle is not mitigation.

Mayor Fineman closed the meeting to public comments.

Vice Mayor Burdo stated there is no action required tonight. He thanked Ms. Liss for the update.

Councilmember Burke asked if there is a deadline for the Town to decide on their direction.

Councilmember Colbert wanted to memorialize where the Town stands with FEMA and their discussion of the “no rise”. It is important to convey the state of the grant to the public and have a discussion about the baffles.

Councilmember Burke stated she wants the Council to discuss whether or not to stay in Flood Zone 9. There should be more public discussion including a survey before a decision is made.

Mayor Fineman agreed that there should be more discussion including what a Flood Zone 9 exit would look like. She was not in favor of a survey at this time.

Vice Mayor Burdo noted Councilmember Greene is the Town’s representative to Flood Zone 9 and since he is absent from this meeting there should be further discussions.

Town Manager Donery stated staff would work on the next steps.

4. Consider approval of a Resolution establishing a Housing Element Advisory Committee (HEAC) appoint one Town Councilmember to the committee, and direct staff to bring recommendations for the appointment of one Planning Commissioner and three public applicants to the next Town Council meeting for consideration and approval Planning Director Scoble presented a staff report and gave a PowerPoint presentation. She, along with Town Manager Donery, answered questions from the Council regarding whether staff has received any applications; the thought process regarding the composition of the committee.

Mr. Robert Cane, Principle with Houseal LaVigne, gave a PowerPoint presentation.

Mayor Fineman opened the meeting to public comments.

Guy was concerned about the requirement for 13,000 new units for Marin County. He discussed the concept of “manufactured consent” and the elimination of local control.

Mayor Fineman closed the meeting to public comments.

Councilmember Burke liked the idea of a five-person committee and volunteered to serve.

Vice Mayor Burdo supported a five-person committee and would like to see a member of the Climate Action Committee included.

Mayor Fineman encouraged residents to apply and stated she would like to be on the committee.
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Town Manager Donery stated staff would like to move forward with the interviews next Monday or Tuesday and would like the Council representatives to be present.

Mayor Fineman suggested both she and Councilmember Burke serve on the committee and that the Council appoint four members of the public (for a total of seven committee members).

M/s, Burke/Colbert, Motion to Consider approval of a Resolution establishing a Housing Element Advisory Committee, with a change to the language in 3(a) and (d), and appoint two Town Councilmember to the committee, and direct staff to bring recommendations for the appointment of one Planning Commissioner and four public members of the public.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene

5. Introduction and First Reading of an Amendment to the San Anselmo Municipal Code adding Chapter 24 “All Electric Construction in Newly Constructed Residential Buildings” to Title 9 “Building Regulations”; and Amendment to Chapter 9-19 “Green Building Requirements” for consistency
Building Official Freeman presented a staff report. She and Public Works Director Condry answered questions from the Council regarding the number of Accessory Dwelling Units (ADU) that are voluntarily going to all-electric; prescriptive and performance based requirements of the California Building Code; the exemption of food services establishments; survey responses; Title 9, Section 24.05(b) exemption methodology.

Ms. Kathleen Gundry, Chair of the Climate Action Commission, gave a report on the importance of adopting the ordinance.

Mayor Fineman opened the meeting to public comments.

Ms. Sue Saunders stated she was speaking as a resident of San Anselmo and not a member of the Climate Action Commission. She strongly supported adoption of the ordinance.

Ms. Ellie Cohen, Ms. Lucy Motican, and Mr. Rene Voss supported adoption of the ordinance.

Brett was opposed to adoption of the ordinance because the terms “local climatic and geologic conditions” were not used correctly. Heating homes with natural gas is extremely efficient.

Mayor Fineman closed the meeting to public comments.

Vice Mayor Burdo stated this is the direction the Town should be moving and he supported adoption of the ordinance. A move away from fossil fuel dependency is necessary.

Councilmember Burke stated for the most part this is necessary. Environmental goals can be met through a variety of methods and within a reasonable timetable through the State schedule.

She opposed exempting restaurants. The survey indicated that citizens are opposed. She agreed that the finding regarding local conditions cannot be met.

Town Attorney Acevedo stated this ordinance is narrowly focused on residential construction and commercial will be forthcoming. Staff would need to redraft the ordinance to include restaurants.

Councilmember Colbert supported adoption of the ordinance. 384
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Mayor Fineman supported the ordinance but had trouble with the exemption. Substantial remodels should be included but she wanted to move forward with this ordinance.

Vice Mayor Burdo made a motion to adopt the ordinance. There was no second.

M/s, Burke/Fineman, Motion to introduce and waive first reading of an Amendment to the San Anselmo Municipal Code adding Chapter 24 “All Electric Construction in Newly Constructed Residential Buildings” to Title 9 “Building Regulations”; and Amendment to Chapter 9-19 “Green Building Requirements” for consistency with the inclusion of food service establishments and commercial kitchens.

AYES: Burke, Mayor Fineman
NOES: Burdo, Colbert
ABSENT: Greene
The motion did not pass.

M/s, Burdo/Colbert, Motion to introduce and waive first reading of an Ordinance of the Town Council of the Town of San Anselmo Amendment to the San Anselmo Municipal Code adding Chapter 24 “All Electric Construction in Newly Constructed Residential Buildings” to Title 9 “Building Regulations”; and Amendment to Chapter 9-19 “Green Building Requirements” for consistency.

AYES: Burdo, Colbert, Mayor Fineman
NOES: Burke
ABSENT: Greene
The Council took a 10-minute break at 10:05 p.m.

M/s, Fineman/Burdo, Motion to continue with the agenda.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene

6. 2021/2022 Budget Amendment and 2022/2023 Preliminary Proposed Budget and Work Plan
Finance Director Zuba presented a staff report and a PowerPoint presentation that included the following: 1) 2021/22 General Fund Review; 2) 2022/23 Proposed Budget; 3) General Fund Revenues Highlights; 4) General Fund Expenditures Highlights; 5) Town Wide Funds; 6) Recommendations; 7) Conclusions. He answered questions from the Council regarding whether staff is forecasting a “Black Swan” event with respect to the financials; if staff could provide comparable data from other jurisdictions.

Mayor Fineman opened the meeting to public comments.

There were no comments.

Mayor Fineman closed the meeting to public comments.

M/s, Burke/Burdo, Motion to adopt the Resolution amending the Fiscal Year 2021/2022 Budget.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
Finance Director stated staff would bring the Fiscal Year 2022/2023 Proposed Budget to the Council at the next meeting.
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7. 9 Laurel Avenue, APN 007-112-11, appeal by Applicants Hassan Afrookteh and Brooke Peterson of the Planning Commission decision to deny applications for design review for a second story addition, a variance to allow two parking spaces to be created in the north side setback (8-foot side setback required), with one of the two in the front setback (20-foot setback required), a variance to allow an area of pavers in the front setback to be used for an additional, undersized, parking space, a demolition permit to remove more than 50% of the exterior walls (54.3% demolition proposed, which included 25.3% related to the residence and the balance for demolition of an attached garage structure), and a variance to maintain the existing lower level of the structure 16 feet to 19 feet from the front property line (20-foot setback required for over 50% demolition).

Planning Director Scoble presented the staff report and gave a PowerPoint presentation. The Council will be reviewing the merits of the project and determining whether or not the project can be approved and the requisite Findings can be achieved. She recited the Findings.

Mayor Fineman opened the Public Hearing.

Ms. Brooke Peterson, appellant/applicant, gave a PowerPoint presentation and described the project. She urged the Council to grant the appeal and approve the project.

Mr. Hassan Afrookteh, appellant/applicant, stated the Planning Commission discussed the shadow impacts and asked for an independently prepared shadow study. He produced two peer review shadow studies and discussed the findings. He discussed the privacy issues and stated the impacts from a second story are a part of life.

Mr. Matthew Noel, Laurel Avenue, opposed the project and disagreed with the assertion that the Planning Commission “abused its discretion” and that its decision “was not based on evidence”.

There were three thorough and exhaustive meetings on this project.

Ms. Fran Farmer, Laurel Avenue, gave a PowerPoint presentation and stated the project would block the ambient light to her house.

Mr. Chris Long objected to the project because it would tower over the one-story houses along the street. It would also block the light and air and impact privacy.

Mr. Jerry Curley, San Anselmo Avenue, stated he lives east of the proposed project and shares a fence. He is opposed to the project because it would affect his privacy, light, and air.

Mr. Herb Miller, Laurel Avenue, opposed the proposed second story. It would be out of character with the neighborhood. He did support the Accessory Dwelling Unit (ADU) conversion.

Mr. Peter Kalb stated this project is appropriate for the neighborhood and in character with the Town. The house has gone through several renovations that have reduced impacts to the neighborhood. He urged the Council to grant the appeal.

Ms. Ellen Caldwell, Laurel Avenue, asked that the Council deny the request for a second-story.

The design is out of character with the neighborhood.

Ms. Jerri Lynn, Laurel Avenue, stated she was drawn to this neighborhood because of the small bungalow houses. The project is a large, two-story building on a small lot. 386
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Mr. Jason Weber, Floribel Avenue, supported the project. The design fits within the Town’s rules and the applicants have worked hard to make adjustments.

Mr. Dave Baker agreed with the comments made by Jason. The rules need to be applied consistently.

Ms. Coleen Noel, Laurel Avenue, stated the subject house is not taken care of and the neighbors are struggling with the process.

Mr. Bradley Long stated he lives two doors down from the proposed project. The owners have done nothing to improve the appearance of the house. He asked about the parking.

Mr. John Sharp, attorney for the appellants/applicants, stated an “abuse of discretion” occurs when there is insufficient or insubstantial evidence to support the findings. Substantial evidence is defined as “expert opinion based on fact”. The appellants shadow study was peer reviewed by a third-party hired by the Town. The Resolution is inaccurate in many respects and the evidence for the Findings is insufficient.

Mayor Fineman closed the Public Hearing.

Councilmember Burke stated this is a “de novo” review which means it should be looked at with “fresh eyes”. Appeals of Planning Commission decisions deserve the full attention and consideration of the Council. The Design Review process and granting of Variances are designed not to take away rights but to preserve quality of life issues such as air, light, space, etc. The project is out of character with the neighborhood in scale, mass, and bulk- this is a neighborhood of bungalows and tiny cottages. It would cast shadows on adjacent properties and impact privacy. A substantial remodel of this house could be an improvement to the neighborhood. There is substantial evidence to uphold the decision of the Planning Commission. The story poles should be taken down in one week.

Vice Mayor Burdo agreed with the comments made by Councilmember Burke. The evidence is overwhelming to make the Findings. The project is out of character with the neighborhood and the shadow impacts would be substantial. The project would impact the privacy of the neighbors. He would vote to deny the appeal and urged the appellants to “go back to the drawing board”.

Councilmember Colbert stated he supports the decision of the Planning Commission. The privacy impacts are serious and the design is not a good fit for this neighborhood.

Mayor Fineman agreed with the comments made by Councilmember Burke. The focus is on the qualitative impact to the neighborhood. The project would have substantial impacts to light.

The Council noted they read all the materials and did not have any “ex parte” communications.

M/s, Burdo/Burke, Motion to deny the appeal by applicants Hassan Afrookteh and Brooke Peterson of the Planning Commission decision to deny the applications for 9 Laurel Avenue.

AYES: Burdo, Burke, Colbert, Mayor Fineman
ABSENT: Greene
M/s, Burdo/Colbert, Motion to adjourn the meeting at 11:55 p.m. in honor of Mr. Jay Murphy, a long-time San Anselmo resident and community member.
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Respectfully submitted,
Toni DeFrancis,
Recording Secretary
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Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 1.9.

FROM:

David Donery, Town Manager
SUBJECT:

Authorize the mayor to send a letter in opposition to Senate Bill (SB) 396 (Dahle) - Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.

RECOMMENDATION
Authorize the mayor to send a letter in opposition to SB 396 (Dahle).

DISCUSSION
SB 396 would allow electrical utility companies to enter private property without permission of the landowner or homeowner; trim and cut down trees - including live trees; and then leave the downed trees, limbs, and debris for the owner to deal with. It would allow the companies to ignore environmental considerations, the rights of private landowners and homeowners, and the public interest, even when doing so would increase the fire risk for landowners and communities. The draft letter is modelled on one sent by the Sierra Club. It provides additional details on the why the Council may wish to oppose this legislation.

FISCAL IMPACT
None.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Authorizing the mayor to send this letter is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Cal. Code Regs. tit. 14, § 15061).

Attachment 1 - Letter
Attachment 2- SB 396
Town of San Anselmo Page 1 of 1 Printed on 6/23/2022
powered by Legistar™389
Alexis Fineman
Mayor
Steve Burdo
Vice Mayor
Eileen Burke
Council Member
Brian Colbert
Council Member
Ford Greene
Council Member
Town of San Anselmo
525 San Anselmo Avenue, San Anselmo, CA 94960-2682
(415) 258-4616
www.townofsananselmo.org
The Honorable Luz Rivas Chair, Assembly Committee on Natural Resources Subject: Via Position Letter Portal Re: SB 396 (Dahle) Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard. – OPPOSE Dear Chair Rivas,
The Town of San Anselmo opposes SB 396 (Dahle), which would negatively impact California’s forest ecosystems and communities by allowing electrical corporations to cut far outside of utility easements around powerlines without adhering to the Forest Practice Rules which exist to minimize damage to natural resources.

SB 396 would give electrical utility companies “full discretion” to enter private property without permission of the landowner or homeowner; trim and cut trees, including the felling of live trees, with no limit on the number or size of the trees cut; and then leave the downed trees, limbs, and debris for the owner to deal with. Under SB 396, electrical corporations and their contractors would have no incentive to minimize damage or to protect the property and interests of homeowners. Under SB 396, if the landowner requests that the felled trees be removed, the electrical corporation is under no time constraint to do so and can ignore the request entirely if the electrical corporation considers it unsafe or impractical to clean up the downed trees, wood, and debris.

SB 396 gives this “full discretion” to any business entity that “owns, controls, operates, or maintains” an electrical transmission or distribution line, presumably defined extensively to include contractors who may have limited expertise in preserving tree health or minimizing damage to the property. SB 396 would require only that corporations make a “good faith” effort to notify landowners before trespassing on their property to cut their trees without their permission or against their wishes. The bill gives landowners no authority to protect their property interests except for “an opportunity to be heard.” By allowing electrical corporation contractors to leave behind downed trees, wood, and debris, the bill not only makes clean up the responsibility of the landowner, it also increases the fire risk for the landowner and the community by increasing the amount of flammable debris on the forest floor. Under SB 396 electrical corporations would have strong incentive to contract the cheapest possible operation, regardless of impacts to private landowners, the environment, and the public ITEM 1-9: Attachment 1
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interest. If it is cheaper to cut whole, live trees far beyond the utility easement and on private properties and leave the debris behind, rather than to selectively cut trees, protect surrounding trees, and clean up the logging debris, SB 396 gives private landowners and the public no real means for providing input on that decision.

In sum, SB 396 gives electrical corporations and their contractors unprecedented authority to ignore environmental considerations, the rights of private landowners and homeowners, and the public interest, to minimize the electrical corporation’s costs of operation, even when doing so increases the fire risk for landowners and communities. For these reasons, we oppose SB 396.

Sincerely,
Alexis Fineman, Mayor
Town of San Anselmo
CC: Members and Staff of the Assembly Committee on Natural Resources ITEM 1-9: Attachment 1
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AMENDED IN ASSEMBLY JUNE 14, 2022
AMENDED IN ASSEMBLY MAY 12, 2022
AMENDED IN ASSEMBLY SEPTEMBER 3, 2021
AMENDED IN ASSEMBLY JULY 12, 2021
AMENDED IN ASSEMBLY JUNE 30, 2021
SENATE BILL No. 396
Introduced by Senator Dahle
(Principal coauthor: Assembly Member Mayes)
February 11, 2021
An act to amend Section 4295.5 of, and to add and repeal Section 4295.6 of of, the Public Resources Code, and to add and repeal Section 8386.7 of the Public Utilities Code, relating to forestry, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 396, as amended, Dahle. Forestry: electrical transmission or distribution lines: clearances: notice and opportunity to be heard.

Existing law authorizes any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, as provided, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees.

Existing law authorizes this abatement at the full discretion of the person that owns, controls, operates, or maintains the electrical transmission ITEM 1-9: Attachment 2
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or distribution lines, except for certain applicable minimum clearance requirements for those lines.

Under existing law, the Public Utilities Commission, which has regulatory authority over public utilities, including electrical corporations, has established additional vegetation management requirements.

This bill would, regarding those provisions related to electrical lines and abatement activities for would subject property access by an electrical corporation who owns, controls, operates, or maintains an for felling, cutting, or trimming trees to provisions similar to those applicable to pruning trees, maintaining clearances, and abating trees around electrical transmission or distribution line, specify that covered abatement activities include felling, cutting, or trimming trees. lines, including provisions requiring notice to the landowner and an opportunity to be heard. The bill would explicitly require all these line clearance and tree pruning and abatement tree felling, cutting, and trimming activities to comply with the commission’s certain commission vegetation management rules, if applicable. applicable, and with the California Coastal Act of 1976 and the forest practice rules and regulations adopted by the State Board of Forestry and Fire Protection.

The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, unless the landowner timely requests the electrical corporation to treat or remove the wood, as specified, at no cost to the landowner. The bill would require woody material that was trimmed, cut, or felled to be treated to achieve a maximum postactivity depth of 9 inches when operating within 150 feet of a structure, public road, or other infrastructure, except where the landowner has requested that material to be kept intact. The bill would exempt electrical cooperatives, as defined, from these provisions. The bill would repeal these provisions on January 1, 2026.

This bill would require the commission, on or before January 1, 2025, to develop, through a public process, standardized content and methods of delivery to be used to satisfy the landowner notice requirement for both vegetation abatement and felling, cutting, and trimming activities, including including, among other things, a description of the process that the electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line must provide for a landowner to exercise the opportunity to be heard, as specified, when challenging heard regarding the proposed pruning, maintaining 2 ITEM 1-9: Attachment 2
2 ITEM 1-9: Attachment 2
393
clearances, abating, felling, cutting, or trimming of trees on property where the electrical corporation does not have existing rights or the express landowner permission to traverse land from the landowner. The to do so. Until the standardized content of the notice is developed, the bill would require the an electrical corporation who owns, controls, operates, or maintains an electrical transmission or distribution line to make a good faith effort to communicate the processes of vegetation abatement associated with the felling, cutting, and trimming activities, as provided, of trees under these provisions to the landowner before the development of the standardized content, and before felling, cutting, or trimming trees on property where the electrical corporation does not have existing rights or the express permission to do so from the landowner. The bill would repeal these provisions on January 1, 2026.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 4295.5 of the Public Resources Code is line 2 amended to read:
line 3 4295.5. (a)  Notwithstanding any other law, state or local law line 4 or regulation that would otherwise impose liability for trespass line 5 or damages for pruning trees or vegetation as described in this line 6 section, including Section 4295, a person who owns, controls, line 7 operates, or maintains an electrical transmission or distribution line 8 line may traverse land as necessary, regardless of land ownership line 9 or express permission to traverse land from the landowner, after line 10 providing notice and an opportunity to be heard to the landowner, line 11 to prune trees to maintain clearances pursuant to Section 4293, line 12 and to abate, by pruning or removal, any hazardous, dead, rotten, line 13 diseased, or structurally defective live trees. The clearances line 14 obtained when the pruning is performed shall be at the full line 15 discretion of the person that owns, controls, operates, or maintains line 16 any electrical transmission or distribution line, but shall be no less line 17 than what is required in Section 4293. This section shall apply to line 18 both high fire threat districts, as determined by the California line 19 Public Utilities Commission pursuant to its rulemaking authority, line 20 and to state responsibility areas.
3 ITEM 1-9: Attachment 2
3 ITEM 1-9: Attachment 2
394
line 1 (b)  Subdivision (a) does not exempt a person who owns, line 2 controls, operates, or maintains an electrical transmission or line 3 distribution line from liability for damages for the removal of line 4 vegetation that is not covered by an easement granted to the person line 5 for the electrical transmission or distribution line. line 6 (c)  On and after January 1, 2025, an electrical corporation, as line 7 defined in Section 218 of the Public Utilities Code, shall provide line 8 notice to landowners and an opportunity to be heard as required line 9 by subdivision (a) in compliance with Section 8386.7 of the Public line 10 Utilities Code. This subdivision shall become inoperative on line 11 January 1, 2026.
line 12 SECTION 1.
line 13 SEC. 2. Section 4295.6 is added to the Public Resources Code, line 14 to read:
line 15 4295.6. (a)  Notwithstanding any other law, including Section line 16 4295, state or local law or regulation that would impose liability line 17 for trespass or damages for felling, cutting, or trimming trees or line 18 vegetation as described in this section, an electrical corporation line 19 who owns, controls, operates, or maintains an electrical line 20 transmission or distribution line may traverse land as necessary, line 21 regardless of land ownership or express permission to traverse line 22 land from the landowner, after providing notice and an opportunity line 23 to be heard to the landowner, to fell, cut, or trim trees to maintain line 24 clearances pursuant to Section 4293, or, if applicable, Rule 35 of line 25 the Public Utilities Commission’s General Order 95, and to abate, line 26 by felling, cutting, or trimming, any hazardous, dead, rotten, line 27 diseased, leaning, or structurally defective live trees. The felling, line 28 cutting, and trimming of these trees, and the clearances obtained line 29 when felling, cutting, or trimming of trees, shall be at the full line 30 discretion of performed by the electrical corporation that owns, line 31 controls, operates, or maintains an electrical transmission or line 32 distribution line, but shall not be less than what is required in line 33 Section 4293, and, if applicable, Rule 35 of the Public Utilities line 34 Commission’s General Order 95. This section shall apply to both line 35 high fire threat districts, as determined by the Public Utilities line 36 Commission pursuant to its rulemaking authority, and to state line 37 responsibility areas.
line 38 (b)  (1)  Trees that are felled, cut, or trimmed pursuant to this line 39 section on property where the electrical corporation does not have line 40 existing rights or the express permission to do so from the 4 ITEM 1-9: Attachment 2
4 ITEM 1-9: Attachment 2
395
line 1 landowner shall remain on the property of the landowner unless, line 2 in advance of a date specified in the landowner notice requirement line 3 developed pursuant to Section 8386.7 of the Public Utilities Code, line 4 the landowner makes a timely request to the electrical corporation line 5 to perform a treatment of the wood, including, but not limited to, line 6 onsite chipping, chipping or to remove the removal of the wood line 7 from the property.
line 8 (2)  In response to a timely request from a landowner and at no line 9 cost to the landowner, the electrical corporation shall treat the line 10 wood as in the manner requested, unless the wood is not safely line 11 accessible by its vehicles and equipment or other regulations would line 12 otherwise prohibit the treatment.
line 13 (3)  Except where the landowner has requested the woody line 14 material to be kept intact, when operating within 150 feet of a line 15 structure, public road, or other infrastructure, woody materials line 16 trimmed, cut, or felled pursuant to this section shall be treated to line 17 achieve a maximum postactivity depth of nine inches. Nothing in line 18 this paragraph shall supersede Section 4291. For purposes of this line 19 paragraph, the following definitions apply:
line 20 (A)  “Infrastructure” includes electrical distribution and line 21 transmission facilities, water reservoirs or other conveyances, line 22 wastewater facilities or conveyances, communication and data line 23 transmission and distribution facilities, or other critical assets or line 24 infrastructure at risk.
line 25 (B)  “Structure” includes buildings that are designed for human line 26 occupancy, or garages, barns, stables, and structures used to line 27 enclose fuel tanks.
line 28 (c)  All actions pursuant to this section that are undertaken by line 29 an electrical corporation who owns, controls, operates, or line 30 maintains an electrical transmission or distribution line shall be line 31 done in compliance with the California Coastal Act of 1976 line 32 (Division 20 (commencing with Section 30000)) and the forest line 33 practice rules and regulations adopted by the board pursuant to line 34 the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 line 35 (commencing with Section 4511)).
line 36 (d)  Electrical cooperatives, as defined in Section 2776 of the line 37 Public Utilities Code, are exempt from this section. line 38 (c)
5 ITEM 1-9: Attachment 2
5 ITEM 1-9: Attachment 2
396
line 1 (e)  This section shall remain in effect only until January 1, 2026, line 2 and as of that date is repealed, unless a later enacted statute that line 3 is enacted before January 1, 2026, deletes or extends that date. line 4 SEC. 2.
line 5 SEC. 3. Section 8386.7 is added to the Public Utilities Code, line 6 to read:
line 7 8386.7. (a)  On or before January 1, 2025, the commission line 8 shall develop, through a public process, standardized content and line 9 methods of delivery for a letter, door hanger, or other means of line 10 notification reasonably expected to make the landowner aware of line 11 the entry and work to be performed that the electrical corporation line 12 who owns, controls, operates, or maintains an electrical line 13 transmission or distribution line shall use to satisfy the landowner line 14 notice requirement described in Section Sections 4295.5 and 4295.6 line 15 of the Public Resources Code when pruning, maintaining line 16 clearances, abating, felling, cutting, or trimming trees on property line 17 where the electrical corporation does not have existing rights or line 18 the express permission to do so. The content shall include a line 19 description of the notice that the electrical corporation who owns, line 20 controls, operates, or maintains an electrical transmission or line 21 distribution line must provide the landowner to exercise the line 22 opportunity to be heard, established in Section 4295.6 of the Public line 23 Resources Code, related to the proposed pruning, maintaining line 24 clearances, abating, felling, cutting, or trimming of trees on line 25 property where the electrical corporation does not have existing line 26 rights or the express permission to traverse land from the line 27 landowner. The content shall include a definition of a landowner’s line 28 opportunity to be heard and provide the timeline for which a timely line 29 request must be made by a landowner pursuant to paragraph (2) line 30 of subdivision (b) of Section 4295.6 of the Public Resources Code. line 31 (b)  Before the development of the standardized content, content line 32 pursuant to subdivision (a), the electrical corporation who owns, line 33 controls, operates, or maintains an electrical transmission or line 34 distribution line shall make a good faith effort to communicate the line 35 processes established in Section 4295.6 of the Public Resources line 36 Code to a landowner before felling, cutting, or trimming trees on line 37 property where the electrical corporation does not have existing line 38 rights or the express permission to do so from the landowner. 6 ITEM 1-9: Attachment 2
6 ITEM 1-9: Attachment 2
397
line 1 (c)  This section shall remain in effect only until January 1, 2026, line 2 and as of that date is repealed, unless a later enacted statute that line 3 is enacted before January 1, 2026, deletes or extends that date. line 4 SEC. 3.
line 5 SEC. 4. This act is an urgency statute necessary for the line 6 immediate preservation of the public peace, health, or safety within line 7 the meaning of Article IV of the California Constitution and shall line 8 go into immediate effect. The facts constituting the necessity are:
line 9 In order to establish clear forest management practices for the line 10 prevention of, and protection against, wildfires, it is necessary that line 11 this act take effect immediately.

O
7 ITEM 1-9: Attachment 2
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398
Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 1.10
FROM:

Megan H. Acevedo, Town Attorney
SUBJECT:

Consider Adoption of Resolution to Allow for Virtual Town Council Meetings in Compliance with AB 361.

RECOMMENDATION
That the Town Council adopt the attached resolution making findings pursuant to AB 361 to support continued use of teleconferencing/videoconferencing to hold public meetings of the Town Council and Town legislative bodies during the continuing state of emergency proclaimed by Governor Newsom on March 4, 2020. (Attachment 1).

BACKGROUND
On March 4, 2020, Governor Newsom declared a state of emergency pursuant to Government Code section 8625 due to COVID-19. Recognizing the need to promote social distancing while allowing local legislative bodies to continue operating during the emergency, Governor Newsom signed Executive Orders N-25-20, N-29 -20, and N-08-21, which suspended provisions of the Brown Act. Those Orders permitted legislative bodies to hold virtual meetings; however, the relevant provisions expired on September 30, 2021.

On September 16, 2021, Governor Newsom signed AB 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, during State-declared emergencies.

Specifically, the bill provides that a legislative body may hold virtual meetings where there is a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. (Cal. Gov. Code § 54953(e)(1)(A)).

On September 22, 2021, the Marin County Director of Health & Human Services, Benita McLarin, sent a letter to the Marin County Board of Supervisors recommending continued social distancing for local government meetings.

Local government meetings are indoor meetings that are sometimes crowded, involve many different and unfamiliar households, and can last many hours. Given those circumstances, I recommend a continued emphasis on social distancing measures as much as possible to make public meetings as safe as possible. These measures can include using video/teleconferencing when it meets community needs and spacing at in-person meetings so that individuals from different households are not sitting next to each other.

Ms. McLarin has confirmed that these recommendations remain in place, including in her letter to the Board on June 21, 2022.

Town of San Anselmo Page 1 of 3 Printed on 6/23/2022
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TO: Town Council 6/28/2022 Item #: 1.10
On November 26, 2021, the World Health Organization (WHO) classified a new variant, B.1.1.529, as a Variant of Concern and named it Omicron and on November 30, 2021, the United States also classified it as a Variant of Concern. On December 1, 2021, the California and San Francisco Departments of Public Health confirmed that a recent case of COVID-19 in California was caused by the Omicron variant. Omicron is more contagious than previous variants and spread rapidly. On January 10, 2022, the U.S. reported 1,400,000 positive COVID cases in a single day. On February 22, 2022, the World Health Organization identified a second Omicron variant as a variant of concern and case rates have risen as a result of its spread.

On October 12, 2021, November 9, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, and April 12, 2022, May 10, 2022, and June 14, 2022 the Town Council adopted resolutions with the requisite findings that the state of emergency is in effect, that measures to promote social distancing are still being recommended by local officials, and that the state of emergency directly impacts the ability of the public and the members of the Town Council to meet safely indoors in person.

On March 22, 2022, the Council voted for the month of April to have the option for Council to either meet in the Council Chambers or virtually and for the public to only meet virtually. Given the unpredictable spread of new COVID-19 variants and the nature of public meetings to bring different households into an enclosed room for extended periods of time, the Town Council indicated that remote meetings could be necessary beyond April and the Council has not requested that the issue return for their consideration. The Town Council also directed that, going forward, Town legislative bodies may make an independent determination about their use of the virtual meeting format. However, the Council limited the Committee and Commissions’ options to only those that allow for virtual public participation.

Council requested that staff be asked how they feel about attending in person meetings and staff indicated that they would prefer to be allowed to choose to be in person or virtual, just like the Council.

Finally, the Council asked staff to verify that Council members and Committee and Commission members who plan to participate in person at public meetings be vaccinated. Given the proof-of-vaccination requirement imposed by the Council, allowing virtual participation by Council and Committee members will ensure that all members can take part in the meetings, regardless of vaccination status.

The following San Anselmo committees meet monthly and have made the determination that they would like to continue meetings in the following format:

Arts Commission, Economic Development Committee and Planning Commission have decided to stay virtual for now.

Historical Commission, Open Space Committee and Parks and Recreation Commission have decided to hold hybrid meetings.

Climate Action Commission, Library Advisory Board, Racial Equity Ad Hoc Committee have not made a formal decision as of this report.

FISCAL IMPACT
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TO: Town Council 6/28/2022 Item #: 1.10
There would be no direct fiscal impact to the Town to approve this item.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Adopting a resolution to establish the format for public meetings during a state of emergency is not a “project” under the California Environmental Quality Act (CEQA), because it does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

CONCLUSION
Staff respectfully requests that the Council adopt the attached resolution to allow for continued use of video/teleconferencing for public meetings.

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ITEM 1.10 ATTACHMENT 1
ITEM 1.10 ATTACHMENT 1
RESOLUTION NO.

RESOLUTION REGARDING TELECONFERENCE AND
VIDEOCONFERENCE MEETINGS DURING THE COVID-19 STATE OF

EMERGENCY
WHEREAS, on March 4, 2020, Governor Newsom proclaimed pursuant to his authority under the California Emergency Services Act, California Government Code Section 8625, that a state of emergency exists due to a novel coronavirus (COVID- 19); and WHEREAS, on June 4, 2021, in lifting many restrictions that the State previously imposed due to COVID-19, the Governor indicated that those changes did not end the ongoing, proclaimed state of emergency; and
WHEREAS, as of the date of this Resolution, neither the Governor nor the Legislature have exercised their respective powers pursuant to California Government Code section 8629 to lift the state of emergency either by proclamation or by concurrent resolution in the state Legislature; and
WHEREAS, the continued local rates of transmission of the virus and variants causing COVID-19 are such that on September 22, 2021, the Marin County Director of Health & Human Services recommended that local government entities continue to emphasize social distancing in order to minimize the potential spread of COVID-19 during indoor, public meetings; and
WHEREAS, the County Director of Health & Human Services’ has confirmed her recommendation related to public meetings, including in a letter to the Board of Directors on June 21, 2022; and
WHEREAS, on November 26, 2021, the World Health Organization (WHO) classified a new variant, B.1.1.529, as a Variant of Concern and named it Omicron and on December 1, 2021, the California and San Francisco Departments of Public Health confirmed that the first case of COVID-19 in California caused by the Omicron variant; and WHEREAS, Omicron is a more contagious variant and by January 10, 2022, the U.S. reported 1,400,000 positive COVID-19 cases on a single day; and WHEREAS, on February 22, 2022, the WHO labeled a second version of Omicron to be a new variant of concern; and
WHEREAS, in light of the County’s recommendation and the current COVID-19 variant of concern, the Town Council desires to continue to have the flexibility, for itself and for all other Town legislative bodies, to meet by teleconference and/or videoconference; and
WHEREAS, adopting a resolution to establish the format for public meetings during a state of emergency is not a “project” under the California Environmental Quality Act (CEQA), 402
ITEM 1.10 ATTACHMENT 1
ITEM 1.10 ATTACHMENT 1
because it does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The above recitals are hereby incorporated as if fully set forth herein.

2. There is an ongoing proclaimed state of emergency relating to the novel coronavirus causing the disease known as COVID-19.

3. The state of emergency continues to directly impact the ability of Town Council and standing committees and commissions to meet safely in person.

4. Local health officials, including the County Director of Health & Human Services continue to recommend social distancing during public meetings, including the use of tele/video conferencing.

5. Holding meetings with all attendees participating in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code Section 54953(e)(3) to allow the Town of San Anselmo Town Council and Town legislative bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of San Anselmo held on the 28th day of June, 2022, by the following vote:

AYES
NOES:

ABSENT:
_______________________________________
Alexis Fineman, Mayor
Attest:
________________________________________
Carla Kacmar, Town Clerk
403
Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 2.

FROM:

Robyn Clifford, Payroll and Benefits Technician
SUBJECT:

Appoint applicants to the Planning Commission

RECOMMENDATION
Appoint applicants to the Planning Commission

BACKGROUND
The Planning Commission has a membership of seven (7) seats. There are two seats available. Kim Pipkin, Mark M. Haddix and Peter Thomas Strauss have applied. They have been interviewed and their applications are attached to this report.

FISCAL IMPACT
There would be no direct fiscal impact to the Town to approve this item.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed decision is exempt from the California Environmental Quality Act (CEQA), under the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant negative effect on the environment. (Cal Code Regs. tit. 14, § 15061).

Attachment 1 - Board and Commission Status Report 06.14.2022 Attachment 2 - Kim Pipkin
Attachment 3 - Mark M Haddix
Attachment 4 - Peter Thomas Strauss
Town of San Anselmo Page 1 of 1 Printed on 6/22/2022
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Board, Committee,
Commission
(total seats)
Seats
Expiring/
Vacant
Applicants Term
(Yrs)1
Date of
Interview
Arts Commission
9 seats + youth Dannielle Mauk
2 3
Bicycle and Pedestrian Committee
7 seats Sean Condry
4 Board of Review
5 seats Jeff Zuba
2 6
Capital Programs
Monitoring Committee
7 seats Sean Condry
3 4
Economic Development Committee
7 seats Heidi Scoble
3 Financial Advisory Committee
5 seats Jeff Zuba
(Temporary Expansion to 6 seats)
1 Kfir Lindheim 3
Flood Committee
7 seats Sean Condry
2 4
Historical Commission
11 seats+ youth Linda Kenton
4 Library Advisory Board
7 seats+ youth Linda Kenton
4 Library Tax Oversight Committee
5 seats Linda Kenton
3 Marin Commission On Aging
1 seat
3 Mosquito Abatement District
1 seat
2-4
Open Space Committee
11 seats + youth Heidi Scoble
4 Parks & Recreation Commission
7 seats + youth Dannielle Mauk
1 4
Planning Commission
7 seats Heidi Scoble
2 Kim Pipkin
Peter Thomas Strauss
Mark M Haddix
4 Racial Equity Ad Hoc Committee 1
Climate Action Commission
7 seats+ youth Heidi Scoble
1 Christiana Conser 3
Ross Valley Paramedic Authority
1 seat
4 Tax Equity Board
3 seats Jeff Zuba
1 3
* Incumbent
1 Per Commission Guidelines, differing term lengths may be allowed to accomplish a staggering of the appointment schedule.

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405
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406
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407
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408
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409
ITEM 2 - ATTACHMENT 3
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410
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411
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412
ITEM 2 - ATTACHMENT 3
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413

CURRICULUM VITAE
Mark M. Haddix
Updated November 2021 Page 1
Mark Haddix, Chief Executive Officer, and founder of Advanced Forensic Building Consultation LLC has over 40 years of experience in the construction and architecture fields and has been involved in all types of commercial property, multi and single-family projects. His background and understanding of the architecture and construction fields allow him to provide a wide range of consulting related to real estate development, new construction, as well as existing buildings for building owners, private investors, institutional equity sources and attorneys. This includes due diligence analysis related to acquisition, disposition, feasibility studies, construction document review and project oversight, construction cost analysis, forensic investigation and testing, construction litigation, as well as design and construction documents for new and restoration projects.

Specialty areas of practice include litigation support and expert witness services, owner’s representation, risk management, project management, detailed building investigations requiring multi-disciplinary problem solving, building enclosure and moisture intrusion investigations as well as preparation of construction documents. Mr. Haddix has been the lead principle and architect for the preparation of construction documents for the rehabilitation of numerous apartments and commercial complexes.

Mr. Haddix retired from Marx/Okubo Associates in March 2016 after 30 years of service. At Marx/Okubo Associates he held the position of Executive Vice President and Chief Technical Officer and was responsible for directing the professional and technical operations of the eight office across the county. This included the development of the construction management, forensic, litigation and repair document services. Responsible for opening and developing the company’s Seattle and San Francisco offices he successfully developed and expanded the company’s business associations throughout the western and northwestern United States.

Since 1998 he was responsible for the operations of the San Francisco office.

Work Address: Advanced Forensic Building Consultation LLC 39 Tomahawk Drive
San Anselmo, California 94960
(415) 716-0550
Birth Date and Place: April 28, 1956
Arvada, Colorado
Architecture Licensure: Washington, No. 5725 1991- Active California, No. C27158 1997- Active
Education: University of Colorado Boulder
Environmental, Population, and Organismic Biology
Bachelor of Arts, 1982
University of Colorado Denver
Master of Architecture, 1985
ITEM 2 - ATTACHMENT 3
ITEM 2 - ATTACHMENT 3
414

CURRICULUM VITAE
Mark M. Haddix
Updated November 2021 Page 2
Work Experience: 1983-85: Progressive Enterprises
Denver, Colorado
Construction Project Manager
Supervisor: Ron Maggi
1986-2016: Marx|Okubo and Associates, Ltd.
1986-87: Marx|Okubo and Associates, Ltd.

Denver, Colorado
Staff Architect and Construction Manager

1987-92: Marx|Okubo and Associates, Ltd.

Seattle, Washington
Regional Manager and Vice-President

1993-96: Marx|Okubo and Associates, Ltd.

Seattle, Washington
Principal, Executive Vice-President and Board of
Directors

1996-98: Marx|Okubo and Associates, Ltd.

Costa Mesa, California
Principal, Executive Vice-President,
Western Regional Manager and Board of Directors
1998- 08: Marx|Okubo and Associates, Inc.

San Francisco, California
Principal, Executive Vice-President,
Western Regional Manager, Board of Directors and
ESOP Trustee
2008- 2016: Marx|Okubo and Associates, Inc.

San Francisco, California
Principal, Executive Vice-President,
Chief Technical Officer, Board of Directors

2016- Present: Advanced Forensic Building Consultation LLC.

San Anselmo, California
Chief Executive Officer
ITEM 2 - ATTACHMENT 3
ITEM 2 - ATTACHMENT 3
415

CURRICULUM VITAE
Mark M. Haddix
Updated November 2021 Page 3
Professional Memberships: American Institute of Architects Emeritus 1991-present
National Roofing Contractors Association (NRCA)
1996-2016
American Society of Testing and Materials (ASTM)
1996-2016
Chaired subcommittee for publication of ASTM Guidelines for Property Condition Assessment (1996-99)
Construction Specifications Institute
1996-2016
American Concrete Institute (ACI)
2002-2016
IIBEC
International Association of Building Envelope Consultants 2012-present
AAMA
American Architectural Manufactures Association
2013-2016
AICS
American Institute of Steel Construction
2007-2016
APA
The Engineered Wood Association
2009-2016
ASCE A.M.A.S.C.E.

American Society of Civil Engineers
2004-present
Other Certifications: National Council of Architectural Registration Board (NCARB) Certification 1988
Contractor’s license (Class B construction supervisor)
Aurora, Colorado 1986-89
ITEM 2 - ATTACHMENT 3
ITEM 2 - ATTACHMENT 3
416

CURRICULUM VITAE
Mark M. Haddix
Updated November 2021 Page 4
Publications: Structural Observation, Special Inspection, or Building Inspection:

Where Does Responsibility for Quality Assurance Lie?
J. A. Villamil and M. M. Haddix
Published in the proceedings for the ASCE Structures Congress.

Pre-Manufactured Lumber Moisture Related Deterioration:

Forensic Case Studies
J. A. Villamil and M. M. Haddix
Published in the proceedings for the ASCE Structures Congress.

Project Experience: Number of projects for past 40 years Multi-family Residential
Includes apartments and senior/teacher housing projects.

Low, mid, and high-rise projects.
• Property Condition Assessments-144
• Preconstruction Project Review and Construction Oversight-75 • Owner Representation and Project Management-13
• Property Investigations-43
• Remedial Architectural Services-67

Mixed Use
Includes office/residential/retail projects:
• Property Condition Assessments-8
• Preconstruction Project Review and Construction Oversight-4 • Owner Representation and Project Management-1
• Property Investigations-3
Office
Includes low, mid, and high-rise projects:
• Property Condition Assessments-127
• Preconstruction Project Review and Construction Oversight-21 • Owner Representation and Project Management-13
• Property Investigations-18
• Remedial Architectural Services-14
Retail
• Property Condition Assessments-32
• Preconstruction Project Review and Construction Oversight-13 • Owner Representation and Project Management-15
• Property Investigations-9
ITEM 2 - ATTACHMENT 3
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417

CURRICULUM VITAE
Mark M. Haddix
Updated November 2021 Page 5
Hospitality
• Property Condition Assessments-17
• Preconstruction Project Review and Construction Oversight-12 • Property Investigations-1

Senior Living and Care Facilities
Includes low, mid, and high-rise projects:
• Property Condition Assessments-52
• Preconstruction Project Review and Construction Oversight-5 • Owner Representation and Project Management-7
• Property Investigations-7
• Remedial Architectural Services-7

Industrial/Warehouse/R&D
• Property Condition Assessments-96
• Preconstruction Project Review and Construction Oversight-7 • Owner Representation and Project Management-16
• Property Investigations-7
• Remedial Architectural Services-19
Specialty Projects
Includes ski resorts, airports, university, self storage, and singlefamily residences. • Property Condition Assessments-6
• Preconstruction Project Review and Construction Oversight-1 • Property Investigations-3
• Remedial Architectural Services-3
Litigation Experience: Squire Sanders (US) LLP –Lead Counsel Diane Gibson Boulders Apartments
• 2009-2014 Settled in Mediation
• Construction defect case.
• Sonoma County Superior Court Case No. SCV-246738
• Litigation support for plaintiff’s counsel.
• Deposition Testimony-Person Most Knowledgeable.
• Owners Representative for post litigation repairs.

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Overlook Apartments
• 2010-2014 Settled in Mediation
• Construction defect case.
• Sonoma County Superior Court Case No. SCV-247545.
• Litigation support for plaintiff’s counsel.
• Deposition Testimony-Person Most Knowledgeable
• Owners Representative for post litigation repairs.
• Architect of Record for post litigation repairs.

Courtyards Apartments
• 2009-2014 Settled in Mediation/ Trail
• Construction defect case.
• Alameda County Superior Court Case No. RG10-496973.
• Litigation support for plaintiff’s counsel.
• Deposition Testimony-Person Most Knowledgeable.
• Trail Testimony- Person Most Knowledgeable.
• Owners Representative for post litigation repairs.

Cooley LLP –Lead Counsel Patrick Gunn
Church Street Apartments
• 2012-2015 Settled in Mediation
• Construction defect case.
• San Francisco County Superior Court Case No. CGC-12-519574 • Expert Witness and Litigation support for plaintiff’s counsel. • Architect of Record for post litigation repairs.

Arroyo Point Apartments
• 2012-2016 Settled in Mediation
• Construction defect case.
• Sonoma County Superior Court Case No. SCV-254062.
• Expert Witness and Litigation support for plaintiff’s counsel. • Architect of Record for post litigation repairs.

Danville Senior Apartments
• 2013-2015 Settled in Mediation
• Construction defect case.
• Contra Costa County Superior Court Case No. C13-00806 • Expert Witness and Litigation support for plaintiff’s counsel.

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Trestle Glen Apartments
• 2014-2016 Settled in Mediation
• Construction defect case.
• San Mateo County Superior Court Case No. CIV-523098.
• Expert Witness and Litigation support for plaintiff’s counsel. • Architect of Record for post litigation repairs.

Mandela Gateway Apartments
• 2012-2018 Settled in Mediation
• Construction defect case.
• Alameda County Superior Court
• Expert Witness and Litigation support for plaintiff’s counsel. • Architect of Record for post litigation repairs.

Walkup, Melodia, Kelly & Schoenberger
Lead Counsel Richard H. Schoenberger
Library Gardens Apartments
• 2015-2017 Settled
• Balcony Collapse
• Alameda County Superior Court
• Litigation support for plaintiff’s counsel.

Allen Matkins Leck Gamble Mallory & Natsis LLP
Lead Counsel Timothy M. Hutter Esq.

Clearview Business Park Building F
• 2017-2018 Settled in Mediation
• Construction Defect Case
• San Mateo County Superior Court
• Expert Witness and Litigation support for plaintiff’s counsel. • Architect of Record for post litigation repairs.

Sheppard, Mullin, Richter & Hampton LLP
Lead Counsel Erinn M. Contreras
812 Green Street Residence Litigation
• 2018-2019 Settled in Mediation
• Construction Defect Case
• San Francisco County Superior Court
• Expert Witness and Litigation support for plaintiff’s counsel.

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Educational Presentations:
• Stucco-The Tip of The Iceberg 2016
• Understanding Accessibility Codes and Laws in Design and Construction 2014 • Defective Construction-Materials and Systems 2013
• Advanced Design and Specifications of Window and Related Flashings for Wood Frame Construction. 2012
• The Ground Up. The Top Down and Everywhere In Between-Multifamily Design and Construction Risk Management and Pre-Construction Review 2011 • An Ounce of Prevention and Other Proverbs. Property Condition Assessments and Product and System Issues 2010
• Analysis of Distressed Real Estate 2010
• Limiting Post Construction Risk Due to Unanticipated Building Performance Issues 2010 • The Dirty Dozen-Negotiating the Client’s Contract Requirements 2008 • Project Management-Meeting Project Goals 2008
• Wood Framed Building Weatherization and Window Installation 2007 • Brookwood Valley Apartments- A Case Study of And Apartment Complex Rehabilitation 2005
• San Padro Commons-A Case Study of An In-depth Building Envelope Investigation 2004 • Pitfalls ff Residential Asset Types 2004
• Seismic Considerations in Real Estate 2002
• Seismic and Construction Loan Seminar 2001
• Seismic Evaluation of Multi-Building Portfolios 2001
Continuing Education:
• California Disabled Access Education Accessibility Course for California Architects, Certified Training Institute 2011, 2013, 2015, 2017 and 2019 • Advanced Waterproofing, Certified Training Institute, 2017 • Construction Management Training, Certified Training Institute, 2017 and 2019 • Façade Access Standards, Applied Technology Services, 2016 • Preservative-Treated Wood: Use and Specification, Wood Products Council, 05/13/2015 • Façade Metal Corrosion and Restoration, Stuart Dean Services and Western Waterproofing, 2014
• Building Enduring Wood Structures, Wood Products Council 07/01/2014 • Below Grade and Plaza Deck Waterproofing, Cetco, 03/07/2014 • CBC Significant Changes, CALBO, 2014
• Business Forum: Employee Engagement, SEAONC, 2014
• Architecture and Conscious Capitalism and The Future of Business 06/20/2013 • Where to Go Once Your Firm Has Arrived, AIA National Convention, 06/19/2013 • Design of Plaza Deck Waterproofing, Allana Buick & Bers, 11/30/2012 • The Ten Most Common Areas of Design Professional Exposure, Donovan Hatem LLP, 03/19/2012
• Bad Contracts = Bad Claims, How to Minimize Liability in A Litigious Environment, Donovan Hatem LLP 03/19/12
• Building Envelope Design with Vaproshield Weather Barriers, Techmarx Group, 05/12/2010
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• Global Influences and The Transformation Of San Francisco: Urban High-Rise, AIA, 5/01/2009
• The Value of Exterior Insulation and The Positive Impact on Overall Building, AIA,05/01/2009
• The Spy Who Sued Me: Gathering Claims Intelligence in A World of Chaos, AIA, 05/01/2009
• The Evolution of Green Affordable, Multi-Family Housing, AIA, 04/30/2009 • Expanding the Boundary of Sustainable Design, AIA, 04/30/2009 • True Sustainability--The Region, City, Site, and Building: Acquiring Knowledge, 04/30/2009
• Natural Ventilation in Buildings: Optimizing the Success, AIA, 05/16/2008 • Cracked! Problems and Solutions with Concrete and Masonry, AIA, 05/15/2008 • Transferring Ownership and Leadership Effectively, AIA, 05/15/2008 • Transferring Ownership, a Step-By-Step Process with Case Studies, AIA, 05/15/2008 • Construction Outlook: Implications for Architecture Firms, AIA, 05/15/2008 • High Performance Building Enclosures, AIA, 05/14/2008 • Architects in Court: A Mock Trial, AIA, 05/14/2008
• Choices of Air Barriers for The Building Enclosures, Dupont Company 03/31/2008 • Contract Administration: Where Construction, Begins and Lawsuits Are Born, Lee & McShane, PC, 3/31/2008
• Investor and Fiduciary Assessment of Green Building, AIA, 02/20/2008 • Everything A Construction Player Should Know About Insurance, Lorman Business Center, Inc. 02/13/2008
• Aggressive Condominium Risk Management, AIA, 06/10/2006 • Preparing Your Firm for the New Talent War, AIA, 06/10/2006 • Financial Analysis and Building Shareholder Value, AIA, 06/09/2006 • Design Earthquake-Resistant Houses and Other Low-Rise Buildings, AIA, 06/09/2006 • Inside and Outside, AIA, 06/08/2006
• Applying the IBC: Occupancy and Types of Construction, AIA, 06/07/2006 • Subsurface Conditions, National Council of Architectural Registration, 09/30/2005 • Building Envelope, National Council of Architectural Registration, 09/30/2005 • A/E/C Industry Trends, Webcast Resources, 08/31/2005
• Contract Review & Revisions: Advanced Topics, Xl Groups Design Professional Unit, 08/31/2003
• Contract Review and Revision, XI Groups Design Professional Unit 03/31/2003 • Understanding Key Spec Criteria for Walls/Ceilings/Floors, Architectural Record/McGraw-Hill Construction, 12/31/2001
• Gypsum Floor Underlayment’s are Stronger Than Ever, Architectural Record/McGrawHill Construction, 12/31/2001 • Vinyl by Design: Achieving A Successful Building Envelope, Architectural Record/McGraw-Hill Construction 12/31/2001
• Specification Guide for Exterior Wall Sheathings, Architectural Record/McGraw-Hill Construction 11/30/2001
• The Next Generation, Architectural Record/McGraw-Hill Construction 11/30/2001 L • ATC-20 Post Earthquake Safety Evaluation of Building, SEONC, 06/03/2001 • Entering A Strategic Alliance Could Be Your Best Decision, AIA, 05/18/2001 ITEM 2 - ATTACHMENT 3
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• Thin Cladding Systems, AIA, 05/18/2001
• The Fair Housing Amendments Act Accessibility Guidelines, AIA, 05/18/2001 • Mentoring to Refresh Practice and Feed Initiative, AIA, 05/17/2001 • Procedures for Post-Earthquake Safety Evaluations, ATC-20 Training Disaster Emergency Services Committee, Structural Engineers Association of Northern California, 6/14/2001 • Making Sense of Single Ply Roofing, Architectural Record/McGraw-Hill Construction, 12/31/2000
• Crossing to The Other Side Safely, Architectural Record/McGraw-Hill Construction 12/31/2000
• Mastering the Master Bathroom, Architectural Record/McGraw-Hill Construction, 12/31/2000
• Analyzing Fire Risks Building by Building, Architectural Record/McGraw-Hill Construction, 12/31/2000
• Creating Safe & Appealing Public Stairs, Architectural Record/McGraw-Hill Construction, 12/31/2000
• Sleuthing Out Building Failures, Architectural Record/McGraw-Hill Construction, 11/30/2000
• Designing with Structural Fabrics, Architectural Record/McGraw-Hill Construction, 11/30/2000
• In-floor Wire & Cable Management, Architectural Record/McGraw-Hill Construction, 11/30/2000
• Seismic Systems That Stand Up to Nature, Architectural Record/McGraw-Hill Construction, 11/30/2000
• Structural Condition Assessment of Existing Structures, SEONC, 05/08/1999 • Building Envelope: Solutions, Simpson Gumpertz & Heger, Inc, 03/31/1999 • Buildings at Risk: Seismic Design, AIA, 12/31/1998
• Lowering the Risks of Reroofing, Architectural Record/McGraw-Hill Construction, 11/30/1998
• Technologies, Architectural Record/McGraw-Hill Construction, 11/30/1998 • Safer More Attractive Staircases, Architectural Record/McGraw-Hill Construction, 11/30/1998
• Living and Working Within the Code, Architectural Record/McGraw-Hill Construction 11/30/1998
• Calculating Carbon Footprint, Architectural Record/McGraw-Hill Construction 11/30/1998
• Restoring a Nebraska Landmark, Architectural Record/McGraw-Hill Construction 11/30/1998
• Fundamentals of Metal Roofing, Architectural Record/McGraw-Hill Construction 08/31/1998
• High Performance from Start to Finish, Architectural Record/McGraw-Hill Construction, 08/31/1998
• Designing and Engineering the Future, APA Engineered Wood Association, 08/31/1998 • Evaluating Hidden Site Conditions, Architectural Record/McGraw-Hill Construction, 08/31/1998
• Specifying Wood Windows/Skylights/And Doors: Beyond Aesthetic, Architectural Record/McGraw-Hill Construction, 08/31/1998
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• The Nature of Green Architecture, Architectural Record/McGraw-Hill Construction, 07/31/1998
• Designing for Security, Architectural Record/McGraw-Hill Construction, 05/31/1998 • Architectural Materials Conservation/Exterior, AIA, 05/17/1998 • Architect's Office: A Center for Community Activity, AIA, 05/17/1998 • The Alchemy of a New Material, Architectural Record/McGraw-Hill Construction, 04/30/1998
• Liability I.Q., Xl Groups Design Professional Unit, 09/30/1997 • International Building Code, University of Washington, Fall 1989 • Advanced Zoning, University of Washington, Fall 1987
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Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 3.

FROM:

David Donery, Town Manager & Jeff Zuba, Finance & Administrative Services Director SUBJECT:

Discussion and Consideration of Memorandum of Understanding Proposal with the Service Employees International Union, Local 1021 (SEIU) for the period of July 1, 2022, to June 30, 2025.

RECOMMENDATION
That Council conduct a public hearing on the Proposed Memorandum of Understanding (MOU) between the Town of San Anselmo and SEIU Local 1021 for the period of July 1, 2022, to June 30, 2025.

BACKGROUND
SEIU Local 1021 represents approximately 17 employees in various departments across the Town. The SEIU Local 1021 MOU expires on June 30, 2022. Over the past few months, representatives of the Town and Local SEIU 1021 have met in good-faith and worked diligently to negotiate the terms of a successor MOU. The Town and SEIU 1021 reached a tentative agreement on May 26, 2022, for a three-year successor MOU. The SEIU bargaining team recommended the tentative agreement to its membership and it was ratified on June 16, 2022.

DISCUSSION
The following are the highlights that reflect the terms and significant economic items included in the tentative agreement between the Town and SEIU Local 1021. In addition to the economic items, some operations items were also addressed in the successor MOU.

1. Term of the Agreement: July 1, 2022, through June 30, 2025

2. Salary Increase: Job classes represented in this bargaining group will receive a 4.5% increase to the salary schedule effective July 1, 2022, a 4.5% increase effective July 1, 2023, and a 3% increase effective July 1, 2024.

3. One-Time Payment: Employees represented by the bargaining group will receive a one-time, nonpensionable payment of $2,500 on August 1, 2022, or pay period following Council ratification of a new MOU, whichever occurs later. This payment will not contribute to Classic or PEPRA employees’ pensions and is just to normal payroll taxes. This payment is one-time payment only and is not scheduled to recur in the future.

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4. Cost of Health Insurance Premium: For employees hired on or after July 1, 2014, the Town will increase its maximum contribution from $1,850 to $1,950 on July 1, 2022, $2,000 on July 1, 2023, and $2,050 on July 1, 2024, toward the cost of the premium for the family Kaiser health plan, less the payment for the P.E.R.S. medical plan. At no time shall the Town contribution for the Kaiser family health plan exceed the premium costs in effect per the then-current P.E.R.S. - Kaiser contract year.

5. Addition of Juneteenth as a holiday.

6. Non-Economic Items: in addition to the items discussed above, agreement was reached on other proposals, which reflect minor changes to existing provisions with little or no significant cost. The attached draft MOU includes all the changes agreed to by the parties. These negotiated MOU sections include:
· Recognition and Cooperation (Section 1): Revision of language in section 1 and clarification of language in letter G and H.
· Salaries and Equity Adjustments (Sections 2b and 2d): Revised the language benchmark positions.

Modified the language for frequency of step increase.
· Working Hours and Overtime (Section 4c): Revised compensatory time leave bank.

FISCAL IMPACT
The current total annual salary and benefit cost to the Town for the 23.80 full-time equivalent (FTE) positions of SEIU is $2,543,815. The additional ongoing cost of the successor MOU beyond the FY2021-2022 budget is:

FY2022-23 (4.5%) FY2023-24 (4.5%) FY2024-25 (3%)
Wages:

Base Salary $77,172 $88,303 $62,406
Other costs:

Pension* $7,477 $8,538 $6,006
Taxes (Medicare, SS) $5,904 $6,229 $4,591
Total Cost $90,553 $103,070 $73,003
*This pension cost results only from the negotiated wage increase and does not include the annual contribution of lump sum unfunded pension liability. With the assumption of the terms and conditions of the pension benefit plan remains unchanged.

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The cost is $90,553 for fiscal year 2022-2023, $103,070 for fiscal year 2023-2024, and $73,003 for fiscal year 2024-2025.

In addition, there is a cost of $57,500 in one-time payments, which includes Social Security and Medicare taxes. These one-time payments will not contribute to Classic and PEPRA employee pension costs.

CONCLUSION
The action recommended for the Council is to conduct the public hearing on the Proposed Memorandum of Understanding (MOU) between the Town of San Anselmo and SEIU Local 1021. Pending the outcome of the public hearing, the next step will be to incorporate any changes identified by Council and bring back a resolution seeking approval of the Memorandum of Understanding between the Town of San Anselmo and SEIU Local 1021 for the period of July 1, 2022, through June 30, 2025.

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SEIU,
Local 1021
NEGOTIATIONS 2022
Correspondence
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FINAL COMPREHENSIVE TENTATIVE AGREEMENT
DATE:ȱȱ May 24, 2022ȱȱ ȱ ȱ
The following represents a comprehensive tentative agreement between the Town of San Anselmo (“Town”) and Service Employees International Union, Local 1021 (“Local 1021” or “Union”) as a result of the parties’ collaborative discussions for a successor Memorandum of Understanding (“MOU”).ȱȱȱ
Subject Matter Agreement
General (Pronouns) All gender-specific pronouns shall be changed to gender-neutral pronouns (i.e. they and their) throughout the successor MOU.

Emergency Response Per Tentative Agreement dated May 24, 2022.

Holidays
The Town agrees to add Juneteenth as a holiday as per union proposal # 2 dated March 15, 2022.

Cafeteria Benefits Per Town Counter Proposal dated May 24, 2022.

Wages/Benefits
Per Tentative Agreement dated May 24, 2022 and summarized as follows:
x Effective July 1, 2022, all bargaining unit employees shall receive a four-and-a-half percent (4.5%) salary increase.
x Effective July 1, 2023, all bargaining unit employees shall receive a four-and-a-half percent (4.5%) salary increase.
x Effective July 1, 2024, all bargaining unit employees shall receive a three percent (3%) salary increase.
x The Town agrees to its counter proposal re: step increases under existing subsection (d) dated March 22, 2022.

In recognition of employees’ contributions throughout the COVID-19 pandemic, the Town will pay all bargaining unit members, employed with the Town on date of payment, a one-time, non-pensionable lump sum offsalary schedule payment of $2,500 per attached Tentative Side Letter Agreement.

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Working Hours and
Overtime Per Town Counter Proposal dated May 24, 2022.

Telecommute Policy Per Side Letter Agreement dated May 24, 2022.

Recognition and
Cooperation Per Town Counter Proposal dated March 22, 2022.

Term
Subject to reaching an overall agreement, the Town agrees to a three-year term commencing on July 1, 2022 through June 30, 2025.

The Town further agrees to eliminate subsection (C) of Section 40 which states, “Notwithstanding Section 29-a, continuation of this Agreement after June 30, 2021 may be voided by operation of Section 11-A-4 of Resolution No. 1561 of the San Anselmo Town Council.”
All outstanding proposals to which there is no Tentative Agreement or which are not addressed above are to be withdrawn or deemed denied.

The parties agree to recommend positively this Final Comprehensive Tentative Agreement to their principals for ratification.

For the Townȱȱȱȱ For the Union
___________________ _________ȱȱ ___________________ȱȱȱȱȱ_________ Jeff Zubaȱ ȱ ȱȱȱȱȱȱȱDateȱȱ Joel EvansȬFudemȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱDate Finance & Admin Services Director Field Representative
___________________ _________ȱȱ ___________________ȱȱȱȱȱ_________ Christopher BoucherȱȱȱȱȱȱȱDateȱȱ Jackson Dobronyiȱȱ Date Labor & Employment Counselȱȱ SEIU Chapter Bargaining Team Member ___________________ȱȱȱȱȱ_________
Kevin MacLeodȱȱ Date
SEIU Chapter Bargaining Team Member

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___________________ȱȱȱȱȱ_________
Justin Stevensonȱȱ Date
SEIU Chapter Bargaining Team Member

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TENTATIVE AGREEMENT
DATE:ȱȱ May 24, 2022ȱȱ ȱ TIME:ȱȱ ȱ AM / PM
Section: (New) 22 – Emergency Leave

22. EMERGENCY RESPONSE
a. Call Out: During the term of this Agreement, any employee called back to work at a time other than the employee's regular work shift or called back to work for emergency purposes (an emergency declared by the Town Manager or other authorized head of the Town's Emergency Operations Center) shall be guaranteed four hours' pay at time and one-half, or may opt to take equivalent compensatory time off. Under this subsection (a), this minimum time payment does not apply to work that is contiguous to regularly- scheduled work. b. Standby: During the term of this Agreement, an employee assigned to emergency standby (an emergency declared by the Town Manager or other authorized head of the Town's Emergency Operations Center) by his/hertheir department head or designee, shall receive two (2) hours pay at the overtime rate (time and one-half) for each eight (8) hour period (or prorated as appropriate) the assigned employee spends on emergency standby.
c. An employee assigned to emergency standby shall be required to leave word where he/she may be contacted in order to return to work within a reasonable amount of time as determined by the department head/designee. Further, such assignment may include the requirement that an employee (who does not reside in Marin County) shall be located within Marin County, and if such requirement is made of an employee, the Town will reimburse reasonable costs for commercial lodging and meals while the employee is on emergency standby. d. Emergency Service: Union agrees that any employee covered by this Agreement may, during his/hertheir regular working hours be trained in firefighting, first aid, or other emergency service. Union further agrees that employees covered by this Agreement whether on or off duty may be called out for firefighting, first aid, or other emergency service. If so called for such emergency service and if overtime

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results, overtime shall be paid in accordance with Section 4 of this Agreement.

Before any employee is called for such emergency service, his/hertheir capacity to serve will be determined by medical examination.
d.e.Worksite Closures and Evacuations
In the event that an emergency is declared that impacts Town facilities or operations and results in the closure of any facilities, employees regularly assigned to work in a closed worksite may be required, at the discretion of the Town, to report to a worksite other than their regular worksite to assist in emergency duties as a Disaster Service Worker, to a non-impacted worksite for regular duties, or to work from home if telework is available.

If employees are not assigned to a non-impacted worksite, assigned to assist in emergency duties, or assigned to telework, and at the Town Manager’s sole determination, they may be granted leave up to five (5) work days in any calendar year and compensated forat their regular rate of pay with no adverse effect to the employee.

This provision applies to Federal, State, County, or Local declared emergencies or to other non-declared circumstances that result in the closure of Town facilities.

The above section also applies if an employee is unable to work because the employee has been ordered or advised to evacuate their permanent residence and is unable to safely report to work due to natural disaster or other government-declared emergency, which shall be subject to the Town Manager’s determination that a bona fide emergency exists and an employee qualifies for emergency leave.

If an employee is at the worksite when their permanent residence is advised to evacuate by relevant authorities, the employee will be allowed to leave work under this section, subject to the Town Manager’s determination as discussed above.

The Town Manager’s determination as to the above under this section shall not be grievable and is not subject to the Grievance Procedures as defined under Section 28 of this MOU.

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TOWN’S COUNTER PROPOSAL
DATE:ȱȱ May 24, 2022ȱȱ ȱ TIME:ȱȱ ȱ AM / PM
Section: 7 – Cafeteria Benefits Program

7.ȱȱ CAFETERIA BENEFITS PROGRAM
The parties agree that upon expiration of this Agreement, the Town will set the amount of contributions made to the following benefits (with the exception of the health plan premium) at the amount then in effect and will not raise the amounts without further negotiation. The Town will contribute the following amounts per month per full time employee toward a cafeteria benefits program.

The cost of the premium for the family Kaiser health plan, less the payment for the P.E.R.S. medical plan (see Paragraph 6 a). At no time shall the Town contribution for the Kaiser family health plan exceed the premium cost in effect per the thenȬcurrent P.E.R.S.ȬKaiser contract year.

For employees hired on or after July 1, 2014, the Town will contribute a the following maximum of
$1,850 per month toward the cost of the premium for the family Kaiser health plan, less the payment for the P.E.R.S. medical plan (see Paragraph 6 a.). .):
x Effective July 1, 2022, a maximum of $1,950 per month. x Effective July 1, 2023, a maximum of $2,000 per month. x Effective July 1, 2024, a maximum of $2,050 per month.

At no time shall the Town contribution for the Kaiser family health plan exceed the premium costs in effect per the thenȬcurrent P.E.R.S.ȬKaiser contract year.

The premium for the family dental plan with a benefit cap of $2,000.

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The premium for a term life insurance policy with a face value of two times an employeeȇs annual base salary, with a notȬtoȬexceed coverage maximum of $75,000. It is understood that as a nonȬcontributory plan, all members of the unit must participate, subject to the carrierȇs definition of an eligible group member as specified in the plan document. sȉ. Theȱȱpremiumȱȱforȱȱaȱȱvisionȱȱplanȱȱforȱȱemployeeȱȱandȱȱdependentsȱȱwhichȱȱoffersȱȱone examination and one change in lenses per twelve (12) months, and one change in frames per twentyȬfour (24) months with a $25 employeeȬpaid deductible at a monthly cost to the Town.ȱȱ

6.ȱȱThe premium for a Long Term Disability plan, which shall be the same plan offered to management staff.

An employee may choose to allocate any or all of the amount specified in the cafeteria benefits program towards the cost of health insurance, dental insurance, vision insurance, life insurance or the supplemental retirement program. Dental insurance shall be required for all employees hired after July 1, 1989, or who are enrolled in the dental insurance program as of July 1, 1989, as long as the Townȇs contract for dental insurance requires mandatory participation. ȱȱ
c. Domestic partners who have registered through the PERS registration process or other domestic partner registration mechanism, if appropriate for a specific insurance, shall have access to the health related insurances offered by the Town.

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TENTATIVE AGREEMENT
DATE:ȱȱ May 24, 2022ȱȱ ȱ TIME:ȱȱ ȱ AM / PM
Section: 2 - SALARIES AND EQUITY ADJUSTMENTS
a. Salaries
All represented bargaining unit employees classifications shall receive the following across the board (ATB)wage increases:

July 1, 2018, all bargaining unit employees shall receive a three percent (3%) salary increase.

July 1, 2019, all bargaining unit employees shall receive a three percent (3%) salary increase July 1, 2020, all bargaining unit employees shall receive a three percent (3%) salary increase. x Effective July 1, 2022, all bargaining unit employees shall receive a four-and-a-half percent (4.5%) salary increase.
x Effective July 1, 2023, all bargaining unit employees shall receive a four-and-a-half percent (4.5%) salary increase
x Effective July 1, 2024, all bargaining unit employees shall receive a three percent (3%) salary increase.

All bargaining unit employees on the payroll effective upon the date of ratification shall receive a one-time $1,000 lump sum off-salary schedule payment.

In the event of a Town fiscal emergency such as County, State or Federal revenue-fluctuations cuts, new mandates, raising costs of CalPERS of ten percent (10 %) or more or a natural disaster, the parties agree to meet and confer over the impact and affects.

The monthly salaries payable to employees covered by this Agreement, shall be as set forth in:

Exhibit A-1 Exhibit A-2 Exhibit A-3

effective July 1, 20182022

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effective July 1, 20192023
effective July 1, 20202024
No further salary increases are included in this MOU.
b. Equity/Benchmark Studies

The parties will review 90 days before the expiration of this MOU the labor market against the Cities of Sausalito, Mill Valley, Larkspur, San Rafael and Novato, the Towns of Fairfax, Corte Madera, and Tiburon and perform a compensation study on specific benchmarks Total compensation will be compared to the average of the listed jurisdictions, taking out the high and low figures. If the resulting survey offers less than four comparisons, the Town agrees to survey an additional jurisdiction, such as the County. The results of such study are the basis for consideration of salary adjustments for the following fiscal year.

Within a given series, benchmarks will have specific percentage salary relationships to other classifications in the series. Maintenance Worker II shall serve as the benchmark for the Maintenance Worker series (Series A). Recreation Supervisor Coordinator shall serve as the benchmark for the Recreation series (Series B). Administrative Services Assistant II shall serve as the benchmark for the Administrative Services series (Series C). Associate Planner shall serve as the benchmark for the Planner series (Series D) and Librarian I(Series F). Building Inspector will be surveyed as a separate benchmark (Series E).
c. Shift Differential
The Town agrees to pay a five percent (5%) shift premium computed on base pay for all hours actually worked on a regularly (as opposed to intermittently) assigned shift and for specifically assigned tasks which fall between 12:00 midnight and 6:30 A.M. To qualify for such shift premium pay, the employee must be assigned to the shift for at least three (3) consecutive work days or three (3) work days within five (5) consecutive work days. Employees working during any of these hours for their own convenience are not eligible for shift differential. d. Step Increases

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SEIU,
Local 1021
NEGOTIATIONS 2022
Correspondence
The minimum monthly salary shall be at Step A of the appropriate range. Not less frequently than on each anniversary date, the Department Head shall evaluate the performance of each employee, review the evaluation with the employee, and based on said evaluation may advance the employee to a higher step or defer advancement pending further evaluation. A step increase shall occur on the employee’s anniversary date unless the Department Head submits an evaluation with an overall Needs Improvements or Unsatisfactory rating. If no evaluation is completed, the employee shall receive a step increase effective on their anniversary date. The employee's next merit increase eligibility date shall not be changed by a deferral or delay of the merit increase. The Town will continue written performance evaluations after the top step of the employee position has been attained.

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TENTATIVE SIDE LETTER AGREEMENT BETWEEN THE TOWN OF
SAN ANSELMO AND SEIU, LOCAL 1021 RE:ȱȱ
COVIDȬ19 EMPLOYEE RECOGNITION COMPENSATION
DATE:ȱȱ May 24, 2022ȱȱ ȱ ȱ ȱ
In recognition of employees’ contributions throughout the COVIDȬ19 pandemic, including their voluntary agreement to a reductionȬinȬpay furlough and other cost savings measures in Fiscal Year 2020 – 2021, the Town will pay all bargaining unit members, employed with the Town on date of payment, a oneȬtime, nonȬpensionable lump sum offȬsalary schedule payment of $2,500.ȱȱThe parties agree that this oneȬtime payment shall not be PERSable (i.e. counted towards base salary or final compensation for CalPERS retirement calculation).ȱȱȱ
Unless otherwise stated, the provisions of this Side Letter Agreement supersede any inconsistent or conflicting provisions of the partiesȇȱMemorandum of Understanding, effective July 1, 2018 – June 30, 2022 (ȈMOUȈ).ȱȱAll other provisions of the partiesȇȱMOU shall otherwise remain in full force and effect.ȱȱȱ
This side letter will sunset upon the expiration of the 2018 – 2022 MOU.ȱȱȱ Tentatively agreed to on this 24th day of May, 2022, by the parties’ authorized representatives, subject to SEIU membership approval and Town Council’s ratification.

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TENTATIVE SIDE LETTER AGREEMENT BETWEEN THE TOWN OF SAN ANSELMO AND SEIU, LOCAL 1021 RE: COVIDȬ19 EMPLOYEE RECOGNITION COMPENSATION (Continued)
___________________ _________ȱȱ ___________________ȱȱȱȱȱ_________ Christopher BoucherȱȱȱȱȱȱȱDateȱȱ Jackson Dobronyiȱȱ Date Labor & Employment Counselȱȱ SEIU Chapter Bargaining Team Member ___________________ȱȱȱȱȱ_________
Kevin MacLeodȱȱ Date
SEIU Chapter Bargaining Team Member
___________________ȱȱȱȱȱ_________
Justin Stevensonȱȱ Date
SEIU Chapter Bargaining Team Member

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SEIU,
Local 1021
NEGOTIATIONS 2022
Correspondence
TOWN’S COUNTER PROPOSAL
DATE:ȱȱ May 24, 2022ȱȱ ȱ TIME:ȱȱ ȱ AM / PM
Section: 4 – Working Hours and Overtime
a. The standard work week during the term of the Agreement shall consist of forty (40) hours or thirty-seven and one-half (37.5) hours of work in any seven consecutive calendar day period, as shown for each classification in Exhibit A. Variation from standard schedules shall be posted five working days in advance, other than in an emergency as determined by the Department Head.
b. Overtime is time worked with the authorization of the Department Head beyond the standard work day or the standard work week. Hours worked beyond 37.5 hours in one week for employees in a 37.5 hours per week classification shall be considered as overtime. A holiday, sick leave, or vacation time falling within said week shall betreated as work time for the purposes of this section. Overtime shall not apply when a change in the scheduled work day or work week is granted to accommodate a request by the employee. c. The employee may elect to take his/hertheir overtime in pay or compensatory time at the rate of time and one-half, subject to operational needs and the approval of the Department Head.

Any denial of said request will be accompanied by a written explanation from the Department Head. Compensatory time may be accrued until it reaches the equivalent of double the employee's regular work week, for a maximum of 80 hours (or prorated based on work schedule).
d. Flexible scheduling. Alternatives to a standard five day schedule, including flexible time, will be granted upon agreement between the employee and the employee's supervisor or manager.
e. Overtime shall be compensated at double time (2.0) for time worked in excess of twelve (12) consecutive hours.

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TENTATIVE SIDE LETTER AGREEMENT BETWEEN THE TOWN OF
SAN ANSELMO AND SEIU, LOCAL 1021 RE:ȱȱ

TRIAL TELECOMMUTE POLICY
DATE:ȱȱ May 24, 2022ȱȱ ȱ ȱ ȱ
For employees who may be eligible to participate in telecommuting, the Town Manager will implement a trial Telecommute Policy (“Policy”) and evaluate at the end of the MOU term for effectiveness.ȱȱ The parties shall meet and discuss said Policy prior to its implementation.

Unless otherwise stated, the provisions of this Side Letter Agreement supersede any inconsistent or conflicting provisions of the partiesȇȱMemorandum of Understanding, effective July 1, 2012 – June 30, 2025 (ȈMOUȈ).ȱȱAll other provisions of the partiesȇȱMOU shall otherwise remain in full force and effect.ȱȱȱ
This side letter will sunset upon the expiration of the 2022 – 2025 MOU.ȱȱȱ Tentatively agreed to on this 24th day of May, 2022, by the parties’ authorized representatives, subject to SEIU membership approval and Town Council’s ratification.

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TENTATIVE SIDE LETTER AGREEMENT BETWEEN THE TOWN OF SAN ANSELMO AND SEIU, LOCAL 1021 RE: TRIAL TELECOMMUTE POLICY
(Continued)
___________________ȱȱȱȱȱ_________
Kevin MacLeodȱȱ Date
SEIU Chapter Bargaining Team Member
___________________ȱȱȱȱȱ_________
Justin Stevensonȱȱ Date
SEIU Chapter Bargaining Team Member

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448
SEIU,
Local 1021
NEGOTIATIONS 2022
Correspondence
TOWN’S COUNTER PROPOSAL TOȱȱ
UNION PROPOSAL # 9
DATE:ȱȱ 3/22/22ȱȱȱȱȱȱ TIME:ȱȱ ȱ AM
THE FOLLOWING CONSTITUTES THE TOWN’S COUNTER PROPOSALȱȱ TO SEIU, LOCAL 1021’S PROPOSAL RE:

1. RECOGNITION AND COOPERATION
The Town shall adhere to the U.S. Supreme Court decision called Janus v AFSCME. The Town and the Union shall meet and confer as necessary to implement that decision.

A. Town hereby recognizes Union as the bargaining representative for purposes of establishing salaries, hours, fringe benefits and working conditions for all employees within the Public Essential Services Unit as listed by class in Exhibit A hereto, together with any related classes established during the term of this Agreement.

B. Both parties recognize their mutual obligation to cooperate with each other to assure maximum service of the highest quality and efficiency to the citizens of San Anselmo.

C. Whenever a new employee is hired in any of the job classifications covered by this Agreement, Town shall notify said employee that Union is the recognized bargaining representative for employees in that classification, shall make a copy of this Agreement available to said employee, and furnish Union with the name and address of said employee. The Union will have the opportunity to meet with the new employee to provide a Union orientation within thirty (30)

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days of hire. The Union orientation shall be a private meeting of no more thatthan thirty (30) minutes and held during working hours.

D. Town shall notify Union ten working days in advance of final action relating to changes in hours or working conditions, other than temporary action in an emergency situation.

E. Town shall furnish to Union semi-annually a list of the names, classifications, and addresses of all employees in the Unit, and to each employee a monthly statement of his/her net accrual of vacation and sick leave.

F.E. Union may designate three employees in the bargaining unit as employee representatives, who may absent themselves from duty for an average of one hour per month each on Union business.

G. Agency shop provisions shall be:

1. All employees covered by this Agreement shall either become members of Union or pay Union, as an agency fee, an amount of money equal to all monthly dues and assessments authorized in writing by Union's President.

2. All new employees shall provide the Administrative Office within five calendar days of employment with a dues deduction card, or a Union fee card, or such employees shall be required to submit the above amounts (monthly dues and assessments) directly to Union and furnish the Town with a copy of the receipt.

3. Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objection to joining or financially supporting a public employee organization shall not be required to join or financially support Union. Those employees shall, in lieu of monthly dues and assessments pay sums equal to such monthly dues and assessments to a charitable fund exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code.

4. The parties agree that a failure of an obligated employee in a bargaining unit to pay a fair share fee shall be grounds for the Union to file an action in Small Claims Court.

5. Union shall indemnify and save Town harmless against any and all claims, demands, suits, orders, judgment, or other forms of liability that shall arise

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out of, or by reason of, action taken under this section.

G. Dues/COPE/UnionǦSponsored Benefit Program Deductions (a) (a) The employer shall honor an employee’s check-off authorization for dues, COPE or other Union-sponsored program, which are submitted in writing, through electronically recorded phone calls, via online deduction authorization, or by any other means of indicating agreement allowable under state and federal law, regardless of whether the employee is a member of the Union. (b) On a semi-annual basis, every January and July, the Union will provide Town with a current certified list of members with the dollar and/or percentage amount of dues and/or fees to deduct per employee, a statement that the Union has and will maintain written authorizations signed by the individuals from whose salary or wages the union deductions are to be made, and a statement that the Union shall indemnify Town for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code §1157.12(a). (b) Deductions for dues, COPE or other Union-sponsored program shall start the pay period after the employer receives notificationthe Union’s certification of the employee’s authorization. The employer shall transmit such payments to the Union through electronic funds transfer no later than thirty (30) days after the deduction from the employee’s earnings occurs.
(c) Requests to authorize dues/other deduction(s), or requests to change status regarding such deductions, shall be directed to the Union rather than the employer. The employer shall rely on the Union’s explanations in a certified list, submitted by a representative of the Union who has authority to bind the Union, regarding whether an authorization/change in deduction(s) has been requested by the employee.
(d) The Union shall not provide the employer a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization. (e) Union shall indemnify and save Town harmless against any and all claims, demands, suits, orders, judgment, or other forms of liability that shall arise out of, or by reason of, action taken under this section.The Union shall indemnify the employer for any claims made regarding such deductions.
(f) Violations of this Section of the MOU are grievable.

H. Data Pertaining to Deductions
The employer shall produce to SEIU Local 1021’s Membership Department every two (2) weeksmonth, on a regular ongoing basis, a malleable electronic file containing the following bargaining unit member information:

1. 1. Full Name (first, middle, last, suffix)

2. Home Address

3. Work Phone

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4. Work Cell Phone

5. Personal Cell Phone

6. Work Email Address

7. Personal Email Address

8. Hire Date

9. Birthdate

10. Job Classification Code

11. Job Classification Title/Name

12. Job Type (full-time, part-time, per diem, as needed, etc.)

13. Pay Rate

14. Pay Step

15. Pay Status (active, on leave, etc.)

16. Bargaining Unit Code or Name / Union Code

17. Department/Division/Program Code(s)

18. Department/Division/Program Name(s)

19. Campus or Facility Name

20. Work Location Name

21. Work Location Address

22. Shift/Schedule

23. Last Paid Date, or Hours worked in most recent pay period

2. Employee Number

3. Job Classification

4. Job Type (full-time, part-time, per diem, as needed)

5. Bargaining Unit

6. Hours worked in the preceding payroll period, which are the basis for the dues deduction amount

7. Pay Step

8. Pay Rate

9. Pay Status (active, on leave, separated from employment, etc.)

10. Department

11. Division (subcode of the department, if applicable) I. Receipt of Bargaining Unit Lists
Every 3 months, the Union shall receive a list of all current employees covered by this Agreement, which shall include each employee’s name, home address, home and cell phone numbers, personal and work e-mail addresses, work locations, department, employee identification number, hourly rates of pay, hours worked, gross pay. This list will include all employees newly hired, rehired, reinstated, transferred into or out of the bargaining unit, transferred between departments, promoted reclassified, downgraded, placed on leaves of absence of any type including disability, placed on or recalled from layoff, separated (including retirement), added or deleted from the bargaining unit, or who have made any changes in Union deductions during the preceding three-month period.

J. ProtectNotification of request for contact, biographical and/or demographic information of unit members from thirdǦparties.

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In order to protect bargaining unit employees from harassment or invasion of privacy, tThe employer shallagrees to immediately notify the Union of any third-party requests for contact, biographical and/or demographic information about the bargaining unit employees. The employer shall promptly provide the Union a copy of the request and any materials submitted with the request.

The employer shall provide the Union at least ten (10) days to review the request and challenge the scope of the request prior to the employer responding to the request. The employer agrees to consider the Union’s response prior to disclosing to a third party any contact, biographical, and/or demographic information about the bargaining unit employees.

The employer agrees that it will not create a report for a non-exclusive representative requestor that does not already exist. If the employer is required by law to furnish a nonexclusive representative requestor with a report, it agrees not to provide it in a malleable electronic format.

The employer shall not permit a non-exclusive representative to access bargaining unit members during working hours or in working areas.

The employer agrees that non-exclusive representatives are prohibited from soliciting bargaining unit members on the employer’s property.

The employer agrees to adopt further safeguards against harassment or invasion of privacy by non-exclusive representatives, including but not limited to establishing filters in the employer’s email system to block emails from non-exclusive representatives.

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Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 4.

FROM:

Dave Donery, Town Manager, Linda Kenton, Town Librarian & Assistant Town Manager, & Jeff Zuba, Finance & Administrative Services Director
SUBJECT:

San Anselmo Sales Tax & Library Parcel Tax Renewals

RECOMMENDATION
That Council approve of the parameters for the proposed ballot measures placing a one-cent sales tax measure for general purposes and a special library parcel tax measure on the November 2022 General Election ballot, including final ballot language and a statement of intent on expenditures, and provide direction to staff.

BACKGROUND
At the meeting of April 12, the Council reviewed the results of the recent public opinion poll which tested the public’s appetite for the renewal of the Library parcel tax and Measure D sales tax. The Council also reviewed draft ballot questions and provided input on the potential duration of the tax measures. Following presentations, discussion and public comment related to the measures, the Council directed staff to begin work to put a one-cent general sales tax measure and library parcel tax measure on the November 8, 2022, ballot.

DISCUSSION
I. Measure D Renewal
There are several decisions that still need to be made regarding the sales tax ballot measure. These decisions include: the final wording of the ballot question and a statement of intent on expenditures.

A. Ballot Question
The Town must formulate the ballot question that describes the measure. Based on input from Council during previous meetings, staff and consultants developed the following proposed question:

To maintain/enhance general Town of San Anselmo services/facilities such as repairing potholes; repaving roads’ improving water storage for drought resilience; maintaining 9-1-1 emergency firefighter/paramedic response times; improving fire protection, shall the Town of San Anselmo ordinance be adopted extending the existing voter-approved sales tax at 1¢ rate, providing $2,400,000 annually for general government use until ended by voters, requiring independent citizen oversight/audits, no money for administrator salaries and all funds staying in San Anselmo under local control?
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Under state law, the question must be 75 words or less; therefore, any suggested changes to the proposed language should account for this word limit. Once the Council agrees to the final version of the ballot question, it will be incorporated into the attached draft resolution, which the Council will formally adopt at its July 26, 2022, meeting. (Attachment 1)
B. Term of Measure D Renewal
At the June 14, 2022, a majority of the Town Council supported having a discussion on the term only of the Measure D renewal. The current ballot question provides that the tax will remain in effect, “until ended by voters”. Staff has worked with Town consultants to provide options for the Council’s consideration based on the survey results and on possible timing for renewal of the Library tax.

For the Library tax, a 9-year duration was tested and it did well. Staff recommends leaving this unchanged, as reflected in the attached draft resolution. (Attachment 3). This would leave the renewal with the same term as the previous tax with the new measure running for 9 years from 2024-25 through 2032-33 and with proposed renewal in 2032.

For the Measure D renewal, staff recommends that the Council consider a term of 9 or 12 years. A conservative 9-year term would expire in 2031 with renewal considered in 2030, which would avoid overlapping the library tax renewal. Another option would be a 12-year term, which would expire in 2034 and could be renewed that year, again staying clear of the library tax. The polling suggests that both options are viable.

C. Statement of Intent on Expenditures
Although the Measure D renewal is a general tax that cannot be dedicated to a specific use, the Council may adopt a statement of intent on expenditures to outline, generally, how the Council intends to spend the tax proceeds. Staff proposes the following statement for the Council’s consideration:

If the Town Measure is renewed, the current Town Council intends to spend the money for:
· Repair potholes and maintain streets
· Reduce the impacts of drought with new water sources and storage · Improve fire protection services
· Maintain 9-1-1 emergency, firefighter, and paramedic response times · Maintain bridges and retaining walls
· Improve and maintain Town parks
D. Accountability Measures - Staff recommends that the Capital Program Monitoring Committee continue to review and report on the use of the tax proceeds, as reflected in the attached Ordinance. (Attachment 2).

II. Library Parcel Tax Renewal
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A. Ballot Question
The Town must formulate the ballot question that describes the measure. Based on input from Council, staff and consultants developed the following proposed question:

To continue expiring funding for San Anselmo Library to maintain library operating hours; increase book/ ebook collections; maintain programs for children, families, seniors/ people with disabilities; and maintain free internet access, computers/technology, shall the measure be adopted extending the existing San Anselmo library services tax at the existing rate of $70 per parcel, providing $320,000 annually, for nine years, with annual adjustments, mandatory audits, independent citizens’ oversight and all funds locally controlled for San Anselmo Library? Note that the $70 rate proposed in the draft ballot question will be the same as the rate being charged per parcel in Fiscal Year 2023-2024, when the current Library Tax expires. Accordingly, the proposed tax will take effect on July 1, 2024, at that existing rate. Any changes to the proposed ballot question will be incorporated into the attached draft resolution for adoption by the Council at its July 26, 2022, meeting. (Attachment 3).

B. Accountability Measures
Staff recommends that the Library Tax Oversight Committee continue to review and report on the use of the tax proceeds, as reflected in the attached Ordinance. (Attachment 4).

III. Ballot Measures - Timeline
The timeline for the ballot measures is set by the Marin County Registrar of Voters. The approved resolutions are due to the County by Friday, August 12th. The Town Council will give final consideration of the measures, resolutions, and ordinances at the July 26, 2022, Town Council meeting.

The following are key dates for the preparation and processing of the ballot measures:

July 26 Meeting date to consider resolutions for ballot measures August 12 Last day to submit resolutions for ballot measures to the Marin County Registrar of Votes
August 13 - 22 Ten (10) day public examiniation examination period August 15 Measure letters assigned by Registrar of Voters August 17 Last day to withdraw a measure from the ballot August 22 Last day to submit or withdraw measure arguments to the Election Dept
August 23 -
September 1 Ten (10) day public examination period of measure arguments August 29 Last day to submit rebuttals to the arguments for or against a measure August 30 -
September 8 Ten (10) day public examination period of rebuttal arguments

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because Town of San Anselmo Page 3 of 4 Printed on 6/28/2022
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TO: Town Council 6/28/2022 Item #: 4.
it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

CONCLUSION
Staff seeks direction on the above issues so that the resolutions and ordinances for the proposed ballot measures can be prepared and presented to the Council for approval at the next regular Town Council meeting.

Attachments:

Attachment #1: Sales Tax draft Resolution
Attachment #2: Sales Tax draft Ordinance
Attachment #3: Library Tax draft Resolution
Attachment #4: Library Tax draft Ordinance
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RESOLUTION NO. ______

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION TO BE HELD NOVEMBER 8, 2022, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN CONSOLIDATE SAID ELECTION; AND

AUTHORIZING THE TOWN CLERK OR HER DULY AUTHORIZED OFFICERS AND AGENCY TO CARRY

OUT ALL THE NECESSARY PROCEDURES FOR SAID ELECTION SUBMITTING TO THE VOTERS THE QUESTION RELATED TO IMPOSING A ONE CENT (1 ¢) TRANSACTIONS AND USE TAX MEASURE FOR

GENERAL PURPOSES
WHEREAS, the Town of San Anselmo is a wonderful place to live, raise a family and retire, with great local schools, quality public services and stunning natural beauty; and WHEREAS, the Town of San Anselmo is committed to protecting a small-town ambience, access to parks and open space, historic downtown and overall quality of life; and WHEREAS, in 2013, San Anselmo voters approved a half-cent sales tax that supports Town services and infrastructure, including repairing potholes, repaving roads, reducing traffic congestion, maintaining and improving sidewalks, drainage and street medians and preserving public safety; and WHEREAS, San Anselmo’s locally-controlled sales tax funding is set to expire and, if this funding is not renewed by voters, San Anselmo will lose $1.2 million in annual local funding, requiring the Town’s pothole repair and street maintenance program to be cut by at least 50 percent; and WHEREAS, the San Anselmo Town Council seeks to renew expiring funding from the voter-approved local sales tax and proposes to increase the rate to one cent to provide approximately $2.4 million in locally-controlled funding; and
WHEREAS, funds from a renewed sales tax could be used for general Town services and infrastructure such as repairing potholes and maintaining streets, reducing the impacts of drought with new water sources and storage, improving fire protection services, maintaining 9–1–1 emergency, firefighter and paramedic response times, maintaining bridges and retaining walls, and improving and maintaining Town parks; and
WHEREAS, all money raised by the measure may only be used to fund local services and infrastructure in San Anselmo and cannot be taken away by the State; and WHEREAS, the measure to renew the local sales tax would require the same strict fiscal accountability provisions as required by the current measure, including an independent citizens’ oversight committee, mandatory financial audits and annual public spending disclosure to the community; and
WHEREAS, essential purchases like groceries and prescription medicine are exempt from a sales tax to help ensure the cost is not a burden to those on fixed or limited incomes; and ITEM 4 - ATTACHMENT 1 ITEM 4 - ATTACHMENT 1
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\
WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes cities, by a majority vote of the qualified electors, to impose a general tax; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 authorize a city to adopt a transactions and use tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, the Town Council desires to submit the ordinance attached hereto as Exhibit A containing a ballot measure to adopt a one cent (1¢) sales tax measure (transactions and use tax) to be used exclusively for general purposes to the qualified voters of the Town of San Anselmo at the Election to be held in the Town on November 8, 2022; and WHEREAS, it is desirable that the election be consolidated with the statewide election to be held on the same date and that within the Town, the precincts, polling places, and election officers of the two elections to be the same; and
WHEREAS, it is desirable that the County Election Department of County of Marin canvass the returns of the Election and that the Election be handled in all respects as if there were only one election.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the Town of San Anselmo, California, on Tuesday, November 8, 2022, an election.

Section 2. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Marin is hereby requested to consent and agree to the consolidation of said election.

Section 3. That the Town Council, pursuant to its rights and authority, does order submitted to the voters at the election the following question:

To maintain/ enhance general Town of San Anselmo services/ facilities such as repairing potholes; repaving roads; improving water storage for drought resilience; maintaining 9-1-1 emergency firefighter/ paramedic response times; improving fire protection, shall the Town of San Anselmo ordinance be adopted extending the existing voterapproved sales tax at a 1¢ rate, providing $2,400,000 annually for general government use for __ years, requiring independent citizen oversight/ audits, no money for administrator salaries and all funds staying in San Anselmo under local control?
Yes
No
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Section 4. The text of the proposed ordinance to be submitted to the voters is attached hereto as Exhibit A.

Section 5. The Town acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.

Section 6. Pursuant to California Elections Code Section 9280, the Town Clerk shall transmit a copy of the measure to the Town Attorney who shall prepare an impartial analysis of the measure in accordance with said Section 9280. Arguments for and against said measure may be filed in accordance with applicable provisions of the law. Pursuant to California Elections Code Section 9285, the provisions of which are hereby adopted, when the Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The rebuttal arguments shall be filed with the Town Clerk not more than 10 days after the final date for filing direct arguments.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. The text of the measure shall be printed on the ballot in the voter information portion of the sample ballot.

Section 7. That the Marin County Election Department is authorized to canvass the returns of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 8. That the Marin County Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.

Section 9. That the Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 10. Pursuant to California Elections Code Section 14212, the polls for the election shall be open at 7:00 a.m. on election day and shall remain open continuously from that time until 8:00 p.m. of the same day, when the polls shall be closed, except as provided in said Section 14212.

Section 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 12. That notice of the time and place of holding the election is given and the Town Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner as required by law.

Section 13. That the Town Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department of the County of Marin.

Section 14. This resolution shall take effect immediately.

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I, the undersigned hereby certify that the foregoing is a full, true, and complete copy of a resolution duly passed and adopted by the Town of San Anselmo Town Council at a regular meeting thereof held on the 26th day of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved: _______________________
Mayor
ATTEST: ____________________________
Town Clerk
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EXHIBIT A
TOWN OF SAN ANSELMO ORDINANCE NO. ____________

AN ORDINANCE OF THE TOWN OF SAN ANSELMO
AMENDING SAN ANSELMO MUNICIPAL CODE TITLE 8, CHAPTER 8
“TRANSACTIONS AND USE TAX” AND

IMPOSING A TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (November 8, 2022, Ballot Measure)
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ORDINANCE NO._________

AN ORDINANCE OF THE TOWN OF SAN ANSELMO
AMENDING SAN ANSELMO MUNICIPAL CODE TITLE 8, CHAPTER 8
“TRANSACTIONS AND USE TAX” AND

IMPOSING A TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION
(November 8, 2022, Ballot Measure)
Section 1. The People of the Town of San Anselmo ordain as follows: that the San Anselmo Municipal Code Title 8, Chapter 8 “Transactions and Use Tax,” shall be repealed and replaced with the following amended provisions, subject to voter approval, as follows:
8-8.01. TITLE. This ordinance shall be known as the Town of San Anselmo Transactions and Use Tax Ordinance. The Town of San Anselmo hereinafter shall be called "Town." This ordinance shall be applicable in the incorporated territory of the Town. 8-8.02. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.
8-8.03. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the Town to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

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D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
8-8.04. CONTRACT WITH STATE. Prior to the operative date, the Town shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the Town shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
8-8.05. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the Town at the rate of 1% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 8-8.06. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 8-8.07. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the Town of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
8-8.08. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part

1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 8-8.09. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

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A. Wherever the State of California is named or referred to as the taxing agency, the name of this Town shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this Town or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "Town" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. 8-8.10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
8-8.11. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and ITEM 4 - ATTACHMENT 2
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county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the Town which is shipped to a point outside the Town, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the Town shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-Town address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-Town and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this Town of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

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2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the Town shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the Town or participates within the Town in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the Town or through any representative, agent, canvasser, solicitor, subsidiary, or person in the Town under the authority of the retailer.

7. "A retailer engaged in business in the Town" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the Town.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
8-8.12. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and ITEM 4 - ATTACHMENT 2
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Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 8-8.13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the Town, or against any officer of the State or the Town, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 8-8.14. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 8-8.15. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the Town transactions and use taxes and shall take effect immediately. 8-8.16. USE OF PROCEEDS AND APPROPRIATIONS LIMIT.

A. The proceeds from the transactions and use tax, imposed by this ordinance shall be for general governmental purposes of the Town and shall be received into the general fund of the Town. Nothing herein shall bind the Town to use the proceeds for any specific purpose or function.

B. The appropriations limit for the Town of San Anselmo will be increased one times (1x) the aggregate sum authorized to be levied as a tax in each of the years covered by this ordinance. 8-8.17. FISCAL ACCOUNTABILITY PROVISIONS. The Town shall include in its annual audit of the Town's financial operations by an independent certified public accountant, an accounting of the revenue generated by the San Anselmo Transactions and Use Tax, and how the revenue was used. Additionally, the Town’s Capital Programs Monitoring Committee will review and report on the use of the general purpose revenues generated by the San Anselmo Transactions and Use Tax.

Section 3. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall expire _______________________.

Section 4. This Ordinance was approved for placement on the November 5, 2022, ballot by a two-thirds vote of all members of the San Anselmo Town Council. The Ordinance was adopted by the voters of the Town of San Anselmo at the Election held on the 8th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Mayor
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Attest:

Town Clerk
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RESOLUTION NO. _____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION TO BE HELD NOVEMBER 8, 2022, AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN CONSOLIDATE SAID ELECTION; AND

AUTHORIZING THE TOWN CLERK OR HER DULY AUTHORIZED OFFICERS AND AGENCY TO CARRY

OUT ALL THE NECESSARY PROCEDURES FOR SAID ELECTION SUBMITTING TO THE VOTERS THE

QUESTION RELATING TO A SPECIAL TAX FOR LIBRARY SERVICES WHEREAS, the Town of San Anselmo is a wonderful place to live, raise a family and retire, with great local schools, quality public services and stunning natural beauty; and WHEREAS, the San Anselmo Library is an important community resource that provides access to books, programs and technology for children, families and seniors in San Anselmo; and WHEREAS, in 2010 local voters approved a parcel tax measure that provides dedicated funding to support the San Anselmo Library to maintain library operating hours, increase collections and provide programming for children, families and seniors; and
WHEREAS, each year since it was approved by voters, the Library Parcel Tax Oversight Committee has reviewed the use of funds and confirmed they have been spent in accordance with the voter approved expenditure plan; and
WHEREAS, if the approximately $320,000 in annual funding from the library services parcel tax expires, cuts to operating hours and programs at San Anselmo Library will be necessary; and WHEREAS, the Town of San Anselmo seeks to renew the existing San Anselmo Library parcel tax, which expires on June 30, 2024, at the rate of $70 per year with a 3% annual increase to account for inflation; and
WHEREAS, all money raised by the measure may only be used to fund local library services in San Anselmo and cannot be taken away by the State; and
WHEREAS, the measure to renew the library services parcel tax would require the same strict fiscal accountability provisions as required by the current measure, including an independent citizens’ oversight committee, mandatory financial audits and annual public spending disclosure to the community; and
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WHEREAS, state law authorizes the Town to impose a special tax to fund library services only where 2/3 of the voters voting in an election approve the tax (Cal. Gov. Code § 53717(a); 53722; 50077(a)); and
WHEREAS, the Town Council conducted a public hearing on the Special Library Services Tax at its meeting of July 26, 2022; and
WHEREAS, the Town Council desires to submit to the qualified voters of the Town of San Anselmo at the Election to be held in the Town on November 8, 2022, the ordinance attached hereto as Exhibit A containing a ballot measure to adopt a Special Library Services Tax of $70.00 per year per real estate parcel located in San Anselmo with a three percent (3%) annual cost of living increase, for a period of nine (9) years, beginning on July 1, 2024, to augment money from the Town of San Anselmo’s funding of library services and with expenditures monitored by an oversight committee; and WHEREAS, it is desirable that the election be consolidated with the statewide election to be held on the same date and that within the Town, the precincts, polling places, and election officers of the two elections be the same; and
WHEREAS, it is desirable that the Elections Department of the County of Marin canvass the returns of the Election and that the Election be handled in all respects as if there were only one election.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 3. That the Town Council, pursuant to its rights and authority, does order submitted to the voters at the election the following question:

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Section 5. The Town acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.

Section 9. That the Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 13. That the Town Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department of the County of Marin.

Section 14. This resolution shall take effect immediately.

I, the undersigned hereby certify that the foregoing is a full, true, and complete copy of a resolution duly passed and adopted by the Town of San Anselmo Town Council at a regular meeting thereof held on the 26th day of July, 2022, by the following vote:

AYES:

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NOES:

ABSENT:

ABSTAIN:

Approved: _______________________
Mayor
ATTEST: ____________________________
Town Clark
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EXHIBIT A
TOWN OF SAN ANSELMO ORDINANCE NO. ________

AN ORDINANCE OF THE PEOPLE OF THE TOWN OF SAN ANSELMO
ADOPTING A SPECIAL LIBRARY SERVICES TAX BY AMENDING TITLE 8, CHAPTER 7 “SPECIAL LIBRARY SERVICES TAX” OF

THE SAN ANSELMO MUNICIPAL CODE
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TOWN OF SAN ANSELMO ORDINANCE NO. ________

AN ORDINANCE OF THE PEOPLE OF THE TOWN OF SAN ANSELMO
ADOPTING A SPECIAL LIBRARY SERVICES TAX BY AMENDING TITLE 8, CHAPTER 7 “SPECIAL LIBRARY SERVICES TAX” OF THE SAN ANSELMO

MUNICIPAL CODE
(November 8, 2022, Ballot Measure)
THE PEOPLE OF THE TOWN OF SAN ANSELMO DO ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENTS TO CODE. Effective July 1, 2024, Chapter 7 of the San Anselmo Municipal Code, entitled “Special Library Services Tax”, shall be repealed and replaced with the following amended provisions, subject to voter approval, as follows:
8-7.01 Title
This chapter shall be known as the “Special Library Services Tax Law of the Town of San Anselmo”.
8-7.02 Necessity, Authority, and Purpose
The voters of San Anselmo hereby determine that the cost to maintain library operating hours; increase book/ ebook collections; maintain programs for children, families, seniors/ people with disabilities; and maintain free internet access, computers/technology and provide general library services for the residents of the Town of San Anselmo exceeds the amount of funds and revenues provided by the Town and generated from all other sources. The voters further determine that the levy of a Special Library Services Tax of $70.00 (seventy dollars and no cents), with a three percent (3%) annual cost of living increase, on each real estate parcel located in the Town of San Anselmo for a period of nine (9) years, when added to all other current library funding and revenues, would be sufficient to maintain an adequate level of library services. Accordingly, a tax is imposed by this chapter pursuant to California Government Code Section 37100.5. 8-7.03 Tax Imposed
A Special Library Services Tax of $70.00 (seventy dollars and no cents), with a three percent (3%) annual cost of living increase, on each real estate parcel located in the Town of San Anselmo, is hereby imposed effective July 1, 2024, and levied annually for a period of nine (9) years through and including June 30, 2033. 8-7.04 Impact of Town Funding of the Library on the Tax The express purpose of this tax is to augment funding currently provided by the Town of San Anselmo, and not to supplant or replace such funding. Therefore, if during the term of the tax set forth in Section 8-7.03, the Town should determine that conditions warrant a reduction in its annual funding of the Library, the tax will continue to be levied only if the Town funding of the library remains above ninety ITEM 4 - ATTACHMENT 4 ITEM 4 - ATTACHMENT 4
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percent (90%) of the amount budgeted for the 2012-2013 fiscal year, which is $449,765. If the Town Council adopts a budget that reduces funding below that amount, this chapter will immediately become invalid in its entirety and the tax imposed by this Chapter will no longer be levied.
8-7.05 Inviolability of Tax Revenue
Revenue to the Library provided by this Special Library Services Tax may not under any circumstances be subject to appropriation to any purpose other than annual funding of the Library.
8-7.06 Increase of Appropriations Limit
Pursuant to California Constitution Article XIIIB, the appropriations limit for the Town of San Anselmo will be increased one times (1x) the aggregate sum authorized to be levied as a special tax in each of the years covered by this ordinance. 8-7.07 Use of County Records
The records of the Marin County Assessor as of March 1 of each year may be used to determine the actual use of each parcel of real property for the purpose of determining the tax imposed by this chapter.
8-7.08 Personal Liability
The tax levied and imposed by this chapter shall be collected by the Marin County Tax Collector at the same time as, and along with, the property taxes collected by the Marin County Tax Collector. However, the tax shall not become a tax lien on the property against whose owner the tax is assessed. The owner of the property shall be personally liable for nonpayment of the tax.
8-7.09 Deposit and Use of Funds from Special Library Services Tax Fund All proceeds from the taxes imposed and levied by this chapter shall be paid into the “Special Library Services Tax Fund” to be used exclusively to maintain library operating hours; increase book/ ebook collections; maintain programs for children, families, seniors/ people with disabilities; maintain free internet access, computers/ technology and provide general library services.
8-7.10 Partial Invalidity
If any section, subsection, sentence, phrase, or clause of this chapter is for any reason held by any court to be invalid, such invalidity shall not affect the remaining portions of this chapter. The voters hereby declare that they would have adopted this chapter, and each section, subsection, sentence, phrase, or clause thereof, irrespective of whether any one or more sections, subsections, sentences, phrases, or clauses be declared for any reason invalid.
8-7.11 Rebates/Tax Equity Board
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The Tax Equity Board established by resolution of the Town Council shall receive and act upon applications for full or partial rebates for persons claiming inability to pay the tax provided for in this chapter.
8-7.12 Exemptions
Improved property used exclusively for educational, scientific, charitable, or religious purposes owned and operated by institutions, foundations, or corporations organized and operated for educational, hospital, scientific, charitable, or religious purposes shall be granted an exemption to the tax imposed by this chapter on proof that any such organization has first qualified as an exempt organization under California Revenue and Taxation Code section 23701 (c) and United States Internal Revenue Code section 501.
8-7.13 Penalty for Disclosure of Information on Applications for Rebate of Special Library Services Tax
Any person disclosing the name of any person or any financial information obtained from an application for rebate of a Special Library Services Tax shall be guilty of an infraction.
8-7.14 Fiscal Accountability
The Town shall prepare an annual report pursuant to California Government Code sections 50075.1 and 50075.3. The report will contain the amount of Special Library Services Tax funds collected and expended, as well as the status of any project funded by the special tax. Additionally, the Town Council shall establish a Library Tax Oversight Committee to review and report on the use of the revenues generated by Special Library Services Tax.

Section 2. EFFECTIVE DATE
This ordinance relates to the levying and collection of the Town of San Anselmo Special Library Services Tax and shall be in full force and effect ten (10) days after the certification by the Town Council of the election returns indicating passage of the Ordinance by two-thirds of the voters casing votes in the election. The Special Library Services Tax will be assessed beginning fiscal year 2024-2025.

Section 3. APPROVAL
This Ordinance was approved for placement on the November 8, 2022, ballot by a _________ vote of all members of the Town Council. The Ordinance was adopted by the voters of the Town of San Anselmo at the Municipal Election held on November 8, 2022, by the following vote tally:

YES:

NO:

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__________________________________
Town of San Anselmo Mayor
Attest:
_____________________________________
Town Clerk

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Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 6/28/2022 Item #: 5.

FROM:

Sean Condry, P.E., Director of Public Works
SUBJECT:

Review and Provide Guidance Regarding Regulations of the Town’s Parklet Program

RECOMMENDATION
That Town Council provide guidance to staff regarding the status of Parklets in San Anselmo.

INTRODUCTION
Upon direction from the Council, in November 2021 staff presented a proposed parklet ordinance and guidelines for the Council’s consideration. The Council heard public comment and directed staff to return at a later date for further consideration of long term parklets. Now, staff returns to the Council seeking guidance and direction regarding the desire to implement a long term parklet program, and if so, under what general parameters.

BACKGROUND AND DISCUSSION
A. History of Parklets in San Anselmo
To serve the community and local business during Covid, the Town of San Anselmo swiftly implemented a temporary Outdoor Activities Program in the Spring of 2020 that authorized outdoor dining and retail activities in on-street parking locations. Parklets developed under this temporary program have enlivened and activated the downtown area and increased pedestrian activity and a sense of community. In addition to the parklets, the Town started closing San Anselmo Avenue on weekend nights with live music and added the new Creek Park picnic area. The closing of San Anselmo Avenue, the creation of the Creek Park picnic area, and the parklets have come together to create a place where residents and visitors from all over come to San Anselmo to relax, shop, and dine, making the Town a destination to be. Without action from the Council, the parklets will not be allowed once the State of Emergency due to Covid is lifted.

Parklets repurpose public space, such as on-street parking, into areas for public and commercial use. The development of parklets, particularly for outdoor dining and retail purposes, dramatically expanded at the onset of the Covid-19 pandemic as a way to allow restaurants and retail businesses safely operate outdoors. Beyond responding to Covid-19, parklets provide benefits such as increasing outdoor community space, promoting walkability, and encouraging pedestrians to linger in business areas, as we have all seen.

Town of San Anselmo Page 1 of 4 Printed on 6/23/2022
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TO: Town Council 6/28/2022 Item #: 5.

B. Public Outreach and Participation
Over approximately the last year, Town has held three community workshop meetings to discuss parklets - on May 11 and May 27, 2021, and more recently on April 14, 2022. On September 28, 2021, and November 9, 2021, parklets were brought before Town Council to consider a long-term program, see Attachments 1 and 2, respectively. The Economic Development Committee also discussed parklets on February 9 and September 14, 2021. Prior to the above meetings parklets have been discussed with Council in relation to Covid and the Urgency Ordinance allowing temporary parklets.

At the community meetings various opinions were heard for and against parklets. The biggest objection has come from some merchants between Tunstead Avenue and Tamalpais Avenue who are concerned about the loss of parking, line of sight and other issues. To address the parking concerns, the Town conducted a parking study, Attachment 3.

The Parking Study key findings were that during peak hours for parking downtown north, San Anselmo Avenue from Ross Avenue to San Rafael Avenue:

1. There are over 138 spaces available.

2. The highest occupancy rates are in the 2-hour zones.

3. 70% of the vehicles stayed less than 1 hour in the 2-hour zones.

Based on this information, staff believes there is adequate parking, but it can be better managed. The main recommendations of the Parking Study are:

1. Increase enforcement on San Anselmo Avenue (General Recommendation).

2. Increase available 2-hour spaces by converting on-street Magnolia Avenue, southbound SFD (Hub to Tunstead) and Creek Park Lot from 4-hour to 2-hour (removal of Merchant spaces) (G-1, G-2, CP-1, CP-2). 71 2-hour spaces

3. Install Pay Stations on San Anselmo Avenue from San Rafael Avenue to Tunstead Avenue to reduce occupancy rates in this section (SA-2).

If long term parklets are implemented, staff recommends implementing all of the above recommendations.

A majority of community public comments received by the Town have been in favor of parklets. First, at the community meetings, a majority of public comment supported parklets. At the April 14, 2022, meeting, approximately 25 people spoke and about 80% were in favor of parklets long term. Second, in addition to the community meetings the Town had a survey with over 500 people responding (Attachment 4), and overwhelmingly 90% of the 428 residents who participated supported long term parklets. Similarly, visitors supported long term parklets by 80 percent. Business owners were approximately evenly split in favor and against parklets. It is notable that in the survey both residents and visitors by 80% and 70% respectively, were not concerned about parking. Business owners were again split 50/50 over Town of San Anselmo Page 2 of 4 Printed on 6/23/2022
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their concern for parking.

Staff suggests that the findings of the survey and community meetings seem to indicate that the community as a whole values the vibrancy and life parklets have brought to the Town and is less concerned about parking.

C. Other Jurisdictions
Many cities and towns have adopted long term parklets while others are still trying to determine how, or whether, to move forward. For example, recently the City of Healdsburg with a similar population size of San Anselmo passed a new “Ongoing Parklet Program”, Attachment 5, which lays out the rules and guidelines for parklets. Similar to the draft guidelines brought to Council on November 9, 2021, it requires that 50% of the sidewalls be open, and allows roofs/canopies. Safety and ADA requirements are included. In addition, Healdsburg charges a $1.50 per square foot monthly fee for the private use of the parking spaces, and also includes an annual staff administrative fees of $2,400. (i.e., a 352 sq. ft. space x $1.50 x 12 months = $6,336; plus $2,400 = $8,736 annual fee.) Healdsburg also provides that a maximum of 5% of the public parking spaces may be used for parklets.

Seattle adopted a parklet program similar to San Francisco which now has over 2,000 parklets, but with a twist. Instead of making them private only they are a hybrid, both public and private, and they call them Streateries. For example, during business hours customers use the parklets, and during other times they are open to the public. This may be something that the Town wants to look into too.

D. Direction Sought
Based on all of the information above, community meetings, and Council meetings to date, staff has the following options to be considered by Council.

Option 1: Permit Long Term Parklets
Staff would come back to Council with draft guidelines and an ordinance to allow for long term parklets. Some items to be considered include the following:

1. Permit parklets in downtown areas, with the same or different rules for each, for example: San Anselmo Avenue from Bolinas Avenue to Ross Avenue, and from Ross Avenue to San Rafael Avenue, Sir Francis Drake Boulevard, and the Greenfield Avenue corridor.

2. Put a cap on the number of spaces used, such as 5%, which is similar to Healdsburg. With 538 spaces in downtown north from San Rafael Avenue to Ross Avenue, only about 26 spaces or approximately 13 parklets would be allowed if each one were two spaces. On San Anselmo Avenue from Bolinas Avenue to Ross Avenue, there are 255 public parking spaces, which would only allow about 12 parking spaces to be used or 6 parklets if Town of San Anselmo Page 3 of 4 Printed on 6/23/2022
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each business used two per parklet.

3. Consider protection from the elements such as rain and sun by allowing canopies or roofs. Roofing is seen as essential for businesses that have parklets, and designs can be made to be low-profile and maintain traffic and bicycle visibility.

4. Permit duration: should it be 1 year, 3 years, or more with an annual review.

5. Fee structure for use of right of way.

6. Should parklets be private only, or public and private? During business operation the parklets could be private only and during closure the public would have the right to use them or some combination thereof.

Option 2: Parklets Seasonal Only

1. Allow parklets but they must be removal during winter months.

2. Who pays for cost of installation and removal? Public funds set aside to assist? Option 3: Parklets Discontinued

1. Parklets would no longer be allowed after a date set by Council, or after the expiration of the current Covid State of Emergency.

CONCLUSION
Staff recommends that Council approve Option 1 to permit long term parklets based on broad support of the community, along with the vibrancy and activation that parklets bring to the Town. While parking and some other items have been raised as a concern, the Parking Study has shown that parking in and of itself is not an issue, and both the residents and visitors support parklets based on surveys.

GENERAL PLAN AND CLIMATE ACTION PLAN CONSISTENCY
A Parklet Ordinance and Parklet Guidelines are consistent with the goals and policies of the Town’s General Plan to preserve, maintain, and enhance the character and quality of life in San Anselmo; and are consistent with the Town’s Climate Action Plan since it will encourage pedestrian use of the downtown area and utilize outdoor spaces.

CEQA
A Parklet Ordinance and Parklet Guidelines are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), as a minor alteration to existing public or private facilities.

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1 TOWN OF SAN ANSELMO

STAFF REPORT
For the Meeting of September 28, 2021
TO: Town Council
FROM: Sean Condry, Public Works Director

SUBJECT: Council Consideration of Permanent Parklet and Streetlet Program.

RECOMMENDATION
That the Town Council consider the establishment of a permanent parklet and streetlet program and give direction to staff.

BACKGROUND
A parklet repurposes public space, such as vehicle parking, into an area for community use, providing amenities such as outdoor seating and additional pedestrian areas. In most cases, a parklet is an expansion of a sidewalk that utilizes parking spaces to create a public area. Parklets benefit local businesses by providing additional seating for patrons and encouraging walkability, while enhancing the aesthetics of the community. Although parklets are privately constructed and maintained, they are open to the public and intended for community use.

A streetlet is similar to a parklet, but are intended for private use by restaurants, businesses, and their patrons. Streetlets typically have a fee associated with it to use the public right-of-way.

In response to COVID-19, the Town implemented its Outdoor Activities Program that authorizes temporary outdoor dining and business activities in compliance with social distancing requirements. Under this temporary program, an existing business or restaurant may apply for a Temporary Outdoor Activities Permit, which allows them to operate outdoors on property such as parking spaces. Staff has received positive feedback about this program from both businesses and members of the community. Many retailers have made significant investments to create temporary attractive parklets that benefit the Town by boosting retail and restaurant activity and providing increased outdoor pedestrian space. Many businesses would like to keep the parklets long-term or even build new ones, so they are asking the Town about a long term policy.

Because the current parklets in San Anselmo are being operated on a temporary basis in association with the pandemic response, staff seeks direction whether the Council would wish to develop a permanent parklet and streetlet program. A permanent program would provide more stability and certainty for businesses and restaurants that have invested in outdoor improvements.

Additionally, a permanent parklet and streetlet program provides community benefits that extend Item 5
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2 beyond the current need to accommodate COVID-19 social distancing requirements. Parklets provide outdoor community space, encourage pedestrians to linger in business areas, and promote walkability, thereby activating the area.

The Town has held three public meetings with the Economic Development Committee on February 9, May 11 and September 14 to explore the idea of a permanent parklet and streetlet program. In addition, the Town sent out a survey that had over 500 respondents (see Attachment 1). Over 90% of residents would like to see parklets and streetlets become long term, and 53% of business owners and 79 % of visitors would also like to see these spaces become permanent.

When asked if parking was a concern, 80% of residents, 51% of businesses, and 71% of visitors, said ‘no’. As shown in the parking study, at the peak of parking demand midday there are almost 250 parking spaces available in the main downtown corridor (129 north of Ross Avenue, and 115 south of Ross Avenue).

Like San Anselmo, many jurisdictions have adopted parklet and streetlet programs in response to the continuing COVID-19 pandemic to help support local businesses. Additionally, several California jurisdictions have successful permanent programs that were started prior to the COVID-19 pandemic as a way to revitalize outdoor public space. Below please find a summary of some common factors that parklet and streetlet programs share, as well as links to example parklet programs for reference. An outline of the Town’s temporary program is also summarized. Staff seeks direction regarding development of a permanent parklet and streetlet program. Upon Council direction, staff is prepared to return with more detailed information and proposals for the Council’s consideration.

DISCUSSION
A. San Anselmo Temporary Parklets.

In response to COVID-19, the Town began a temporary parklet program allowing restaurants and business to utilize outdoor space. By way of summary, a business must enter into an encroachment agreement with the Town, and receive an Outdoor Activities permit.1 Allowable locations include public rights-of-way or public property, determined by the discretion of the Town Manager. Application requirements include a statement of intended use, a health and safety plan, proof of a Town business license, a State Alcohol Beverage Control license (if applicable), certificate of insurance, written consent of property owner/tenants sharing space, site plans, and a photograph of the proposed location. Noted above, Town staff has received positive feedback regarding parklets by both businesses and the community.

B. Common Parklet and Streetlet Features.

Parklet and streetlet programs are operated in a variety of ways, with the majority involving the requirement of an encroachment permit, and satisfaction of detailed application requirements and standards. Some common aspects of parklets and streetlets are included below. 1 By way of information, staff is also in the process of developing updated encroachment permit procedures for the Council’s future consideration.

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3 1. Location. Parklets and streetlets are typically limited to a core downtown area where speed limits are 25 MPH or lower, but there may be exceptions to this rule. Some jurisdictions limit the density of parklets by, for example, prohibiting their location if directly across the street from one another.

2. Design Standards. Design standards include factors for aesthetics and safety.

For example, parklet improvements may not impede drainage, block utility or manhole covers, and must be constructed to allow emergency access. Locations in downtown San Anselmo are in the floodway and floodplain, and thus have other issues that need to be addressed. To this end, the Town has completed a geomorphic study to determine the impacts of flooding in relation to the parklets. ADA compliance is also required. Additional space may be required between the outside barrier and traffic. Improvements may not block visibility.

Specific design standards are included, and aesthetic design standards vary by jurisdiction. For example, some programs allow overhangs, canopies, or vertical elements. Container landscaping and planter elements are often encouraged. Parklets, since they are for public use, would need to be signed as such, but streetlets would primarily be for the exclusive use of the adjacent business.

3. Application and Approval Process. Most parklet and streetlet applications are approved at a staff level after a review for compliance with established standards and application requirements, and the issuance of an encroachment permit. The Public Works department typically is the lead department. However, established guidelines would ensure that all fire, building, planning and codes are met along with any other County or State requirements. Some jurisdictions require both a parklet/streetlet permit and an encroachment permit, while others rely only on an encroachment permit. Permits are reviewed annually. A jurisdiction retains discretion to require removal of the parklet or streetlet and improvements at any time with reasonable notice to the owner.

Prior to submittal of a complete application, many jurisdictions require an initial meeting with staff, which includes preliminary application information such as a project description, photos of the site, and an initial site plan. Once staff gives preliminary approval, an applicant may submit complete application materials, including an application for an encroachment permit and appropriate fees. Guidelines would be established that help simplify the process for the applicant and would include the following information:

1. Design standards such as color/finishes, transparency requirements, height, etc.

2. Code requirements for planning, building, fire, and public works.

3. Maintenance requirements.

4. Removal requirements.

5. A sign-off from the tenant and landlord for use of the space, along with defense and indemnity agreements.

6. Fees associated with parklets and streetlets
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4 support. Programs may require evidence of neighbor outreach. Many programs have requirements that a notice be posted on-site to allow community input to staff. For efficiency, many jurisdictions do not have a public hearing, but rather determinations are made at a staff level. Applicants may also be required to submit a maintenance plan reviewed by the public works department.

The encroachment agreement includes insurance and indemnification provisions, providing protection for the Town. Some require the posting of a bond. After issuance of an encroachment permit, the parklet/streetlet can receive final approval and construction may begin.

C. Parklet Programs.

Below please find links to other jurisdictions’ parklet programs. • San Francisco The City of San Francisco has a long-established and successful parklet program, and had an expanded temporary parklet program in response to COVID-19. On July 13, 2021, parklets were made permanent. San Francisco’s program includes highly detailed design and safety guidelines that have been used as model for other programs in California. In line with the proposed streetlet idea, San Francisco has a Cafes, Tables and Chairs program that is generally located on sidewalks, but they typically have wider sidewalks than the Town. The link to this program is here. • San Rafael. The City of San Rafael has extended its temporary outdoor commercial parklet program for existing permit holders through November 2022. • Los Altos Los Altos adopted initial parklet program in 2019. This program is open to restaurants to convert adjacent parking stalls to outdoor dining areas. • City of Westwood The City of Westwood established its parklet program in 2018. • Morgan Hill Morgan Hill has an existing parklet program that was updated in October 2020.
• Sacramento The City of Sacramento also has an established parklet program. • Los Gatos Los Gatos has a pilot parklet program, which was temporarily expanded in response to COVID-19.

FISCAL IMPACT
Currently, the Town does not charge a fee to applicants for parklets during Covid. However, if a permanent program is established, staff would recommend a fee for parklets and streetlets. Since parklets would be a public space, the fee could be minimal (i.e., to cover staff time only).

However, since streetlets would be private (if approved by Council) staff would recommend a fee for private use of the public right-of-way (fee could be consistent with parking fees in nearby lots, or future on-street parking fees if approved by Council)..

For example, if parking on San Anselmo Avenue was set at $1.50 per hour with a 75% occupancy 6 days a week for approximately 10 hours a day, a suggested cost could be $250 per parking space. Typical parklets and streetlets would take two spaces so the monthly cost would be $500 or $6,000 per year. In looking at the approximate area of two parking spots at about 280 Item 5
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5 square feet, the cost per square foot would be about $1.80. Fees collected could either go into the general fund or be used for street beautification projects.

Another option to consider is the utilization of a portion of the Town’s American Recovery Act funds to offer grants to existing and new parklets and streetlets to help offset the costs of construction.

CONCLUSION
Staff recommends that the Council consider the establishment of a permanent parklet and streetlet program and give direction to staff.

CEQA AND CONSISTENCY WITH CLIMATE ACTION PLAN 2030
Staff finds that a parklet and streetlet program would be categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), as a minor alteration to existing public or private facilities involving negligible or no expansion of existing use.

Additionally, a parklet and streetlet program is consistent with the Town’s Climate Action Plan since it will encourage pedestrian use of the downtown area, and will utilize outdoor spaces, likely using less energy for heating and cooling.

Respectfully submitted,

Sean Condry, P.E.

Public Works Director
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1 TOWN OF SAN ANSELMO

STAFF REPORT
For the Meeting of November 9, 2021
TO: Town Council
FROM: Sean Condry, P.E., Public Works Director
Dmitriy Laptev, Public Works Project Coordinator
Emily Longfellow, Assistant Town Attorney
SUBJECT: Introduction and first reading of an Ordinance amendment to the Town of San Anselmo Municipal Code, Title 7 “Public Works” adding Chapter 14 “Parklets”; and adoption of a Resolution approving “Parklet Guidelines”

RECOMMENDATIONS

1. That the Town Council hold a public hearing to consider adoption of an Ordinance amendment to the Town of San Anselmo Municipal Code amending Title 7 “Public Works” adding Chapter 14 “Parklets”; and a Resolution approving “Parklet Guidelines”, allowing permanent parklets.

2. Motion to read the Ordinance amendment by title only. The Town Clerk will read aloud the full title of the Ordinance.

3. Motion to approve the first reading of the Ordinance amendment and waive future readings of the Ordinance in its entirety.

4. Motion to adopt Resolution approving Parklet Guidelines.

5. Give direction to staff as necessary.

BACKGROUND
Parklets repurpose public space, such as on-street parking, into areas for public and commercial use. The development of parklets, particularly for outdoor dining and retail purposes, dramatically expanded at the onset of the Covid-19 pandemic as a way to allow restaurants and retail businesses to safely operate outdoors. Beyond responding to Covid-19, parklets provide benefits such as increasing outdoor community space, promoting walkability, and encouraging pedestrians to linger in business areas.

To serve the community and local business, the Town of San Anselmo swiftly implemented a temporary Outdoor Activities Program in the Spring of 2020 that authorized outdoor dining and retail activities in on-street parking locations. Parklets developed under this temporary program have enlivened and activated the downtown area, and increased pedestrian activity and a sense of community.

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2 Staff has received positive feedback about the temporary parklet program by both businesses and members of the community, and survey results show that about 90% of Town residents, and about 56% of businesses, are in favor of permanent parklets. Additionally, a few businesses have made significant investments to create attractive parklets that benefit the Town by boosting retail and restaurant activity, and providing increased outdoor pedestrian space.

Because the current parklets in San Anselmo are operating on a temporary basis, on September 28, 2021, the Town Council held a public hearing to consider the adoption of a permanent parklet program and give direction to staff. After hearing feedback from the community and holding a discussion, a majority of the Town Council directed staff to return with guidelines for allowing permanent parklets.

Pursuant to this direction, staff now returns with a proposed draft Parklet Ordinance and associated Parklet Guidelines that will allow the development of permanent parklets. Both private commercial and public parklets are allowed.

DISCUSSION
The proposed permanent parklet program has two components that work together. First, the Parklet Ordinance broadly authorizes permanent parklets upon the approval of an encroachment permit and payment of fees, and contains standard requirements. Second, the Parklet Guidelines provide a more detailed description of requirements and criteria, including design and safety standards. Parklet applications will be reviewed by the Public Works Director or his designee.

The Parklet Guidelines give the Town the ability to review and condition each application as appropriate for the site and neighbors, considering issues such as safety and design. There would be no limit to the number of parklets the Town would approve.

Below please find a summary of the main points of the Parklet program. For ease of reference, Sections “A” through “E” below correspond with the headings in the proposed Parklet Guidelines.

A. Siting and Location

1. Location and Size Criteria
The location and siting of all parklets must take into consideration public safety, and the final parklet location must be approved by the Public Works Director or his designee based on the safety issues of each specific location. A parklet must leave at least a minimum 4-foot unobstructed adjacent sidewalk width to allow for pedestrian use, and the parklet may not interfere with the visibility of pedestrians, bicycles, or vehicles. Parklets would be allowed along the frontages of storefronts in commercial zones where the speed limit is no more than 25 miles per hour and may be allowed in areas with higher speed limits on a case by case basis.

Parklets shared with an adjacent business may be considered on a case-by-case basis as appropriate for the site, but the total parklet area may not exceed the frontage for the combined businesses. The proposed Parklet Guidelines contain requirements for the use of both parallel Item 5
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3 and angled parking spaces, with a maximum of two parallel parking spaces or four perpendicular parking spaces allowed for each parklet. Corner locations and parklets adjacent to a crosswalk or driveways must provide sufficient lines of sight to ensure safety based on the particulars of each case. Parklets must be setback at least 1 foot from the edge of the adjacent lane of travel, and setback from adjacent parking spaces as necessary for safety and access purposes, depending on the site.

2. Fire and Safety Access
A parklet may not block or obstruct fire hydrants or public utilities. Additionally, fire and emergency access is required by either providing a 5-foot wide opening from the street to the walkway every two adjacent parklets, or by providing a door in the middle of an individual parklet. Finally, all parklets must satisfy the California Fire Code and related fire safety requirements.

B. Design
The design of a parklet includes four main components: 1) a platform to serve as an extension of the adjacent sidewalk; 2) railings that visually and physically define the parklet exterior; 3) traffic safety protections; and 4) furnishings and fixtures to serve customers or members of the public. Below, please find an overview of the requirements and standards for these components.

1. Platform Design
Platforms must be constructed to withstand wear, tear, and weather and treated with a non-skid coating. Outdoor carpeting/artificial grass, and poured concrete platforms, are prohibited. The platform threshold must be flush with the sidewalk or ramped, as appropriate for safety. The parklet must provide adequate access under the platform to allow for maintenance, repair, and gutter clearing. All platforms must provide adequate curbside drainage flow and may not block gutters.

Regarding flood safety, platforms must be designed and anchored to prevent flotation, collapse, or lateral movement and allow for the free flow of water in the floodway as required by FEMA.

To ensure stability in the event of a high water event, platforms must be bolted or otherwise permanently affixed to the roadway for safety purposes. The platform must comply with applicable ADA and related legal requirements, including maintaining an accessible entry, wheelchair turning space, and wheelchair landing.

2. Railing and Enclosure Improvements
The parklet railing or enclosure provides the boundary between the parklet and the street and sidewalk It provides a safety barrier and also serves the aesthetic purpose of being visually appealing and appropriate to the surrounding area.

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4 Parklets should have a notable, defined edge along the street front and adjacent parking stalls, which can include planters, railings, or similar improvements. Railings must be sufficiently stable (capable of withstanding 200-lbs. of force), and at least 36 inches in height, unless otherwise appropriate based on the site considering safety. Railings may not block the view of vehicle or pedestrian traffic, nor block traffic signals. Railings should be visually appropriate, and may not consist of lattice (wood or plastic,) or plastic or vinyl.

Staff seeks direction regarding overhead parklet coverings. Some jurisdictions allow overhead parklet coverings for weather protection. As a starting point for discussion, staff has included overhead covering requirements on page 5 of the Parklet Guidelines. As suggested, overhead coverings for weather protection are allowed. Materials could include canopies, awnings, or umbrellas. A minimum overhead clearance of 8 feet is required. Overhead coverings are not permitted over the sidewalk, nor may they extend over the parklet edge onto the street.

Coverings must not significantly impede visibility.

3. Traffic Protections
Noted above, parklets shall provide a minimum one foot clearance from the lane of travel, as measured from the parking striping adjacent to the lane of travel. Parklets shall have vertical elements to make them visible to traffic, which may consist of posts or bollards, both which require reflective tape. Structural bollards may be required if deemed necessary for safety.

Wheel stops in parklets located in parallel parking spaces may be required if appropriate and necessary for the safety of the site.

4. Furnishings and Fixtures
Parklet furnishings and fixtures provide elements for seating, dining, and related amenities such as heating and lighting. These components should be both safe and visually appealing.

First, with respect to appropriate aesthetics, plastic or vinyl outdoor furniture is not permitted.

Built-in seating is encouraged and can be integrated in creative ways, including combining with planters, the structure, or other creative features within the parklet. Landscape elements must be included and may consist of elements such as a container planter that serves as a buffer along the street-facing edge, hanging planters, green walls, or similar features. Lighting is encouraged, and must not be directed towards the roadway to cause glare. String lights must be hung sufficiently to allow for safety clearance above the parklet platform and sidewalk.

Second, regarding safety, outdoor space heaters are allowed if approved for outdoor use, located in accordance with the manufacturer’s safety instructions, and located from the edge of any overhead covering, foliage, or any flammable object per the manufacturer’s requirements and the Building and Fire Code. Outdoor heaters must be stored inside when there is reasonable chance of a heavy rain event, including flooding. Movable furniture should be removed and stored after-hours, or locked with cables to the parklet structure. Wiring and chords must be exterior rated and may not create a tripping hazard. At no time should the Parklet be used for storage and furnishings may stay out if set up for their intended use only.

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5 Staff seeks direction regarding signage. The Town’s parklets currently include business signage, and many jurisdictions allow commercial signs on parklet fronts. As a starting point for discussion, staff has included language regarding parklet signage on page 6 of the Parklet Guidelines. As suggested, parklet signage is allowed if the total area does not exceed 6 square feet (24 x 36 inches). Illuminated signs are prohibited. Signage design must correlate with the signage on the primary building. Public parklets must have two Town-designated signs indicating that the space is open for general public use.

5. Other Design Criteria
All parklet materials should be constructed of durable materials that are aesthetically appropriate and in-keeping with the site, and may include materials such as steel, finished wood, and salvaged building materials. Visible pressure treated wood and plywood are not allowed.

Sustainable and locally-sourced materials are encouraged. Use of plastic material is strongly discouraged.

C. Operational Standards
Operational standards govern the maintenance of a parklet. In general, the permittee must maintain the parklet in good condition and repair, and free from debris and damage. For safety, no outdoor food preparation is allowed, nor any open flame. Alcohol service is allowed if the business has a valid license from the California State Department of Alcohol and Beverage Control (“ABC”) and the operator complies with all applicable ABC requirements.1

D. Permit Requirements
Note above, parklets will be allowed pursuant to an encroachment permit for parklet use, on a form and with submittals as required by the Public Works Department. Plan sets must also include the dimensions of the structure, location of adjacent utilities and curb drainage, and must meet all ADA requirements, comply with Building and Fire Codes, and all other applicable codes. Evidence of current insurance coverage is required, including all Town required insurance certificates and endorsements.

A permittee with a Temporary Outdoor Activities permit may continue to operate for an additional 12 months from the effective date of the Parklet Ordinance, after which time the parklet must comply with all requirements. Private parklets would operate during the same hours of operation as the sponsoring business, and would not be open to the public after-hours.

E. Enforcement, Emergencies, and Removal
It is important that parklets are maintained in compliance with Town rules and the conditions on each individual encroachment permit. As such, a parklet permittee who fails to comply with the Parklet Ordinance, Parklet Guidelines, and/or the conditions of the encroachment permit, may be 1 In response to the popularity of parklets and to assist business, Governor Newsom recently signed legislation, Senate Bill 314 (the “Bar and Restaurant Recovery Act”), which extended many aspects of the Governor’s emergency order regarding alcohol service, including alcohol service in parklet areas.

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6 subject to violations and fines in the Town Code. The Public Works Director may also suspend or revoke a permit if it is determined that Town rules or encroachment permit conditions are being violated. When the operation or condition of a parklet constitutes an immediate hazard, such as during a flood event, the Town may immediately abate the hazard.

Upon the termination of the parklet, the permittee must remove all improvements and furnishings at its own expense, and return the space to its original condition. The permittee shall reimburse the Town for any expenses it may incur in removing or repairing any residual items or damage.

F. Fees
Staff seeks direction regarding fees. In allowing temporary parklets, the Town has not charged fees for the use of public parking spaces. As business activity transitions away from socialdistancing requirements, parklets are no longer necessary for Covic-19 reasons, but have enhanced and activated the commercial areas of Town. The elimination of on-street parking spaces for the benefit of a private business warrants consideration of fees for the use of public space.

As proposed in the draft Ordinance, a permittee for a private parklet would be required to pay an application fee and an annual fee in an amount determined by Town Council Resolution. Public parklet are not subject to fees.

Regarding the application fee, staff suggests that a fee be based on staff hours spent to process the application.

Staff suggests that the annual parklet fee be based on the amount to cover the costs of the parking meter revenue lost to the parklet, and an amount to cover the costs of Town staff monitoring the permit.
2 Any fee approval would require an amendment to the Town’s Fee Schedule. Once directed, staff will return to the Town Council with a Resolution amending the fee schedule at a future date.

G. Insurance and Indemnification
Each permittee must maintain required insurance as set forth in the Parklet Ordinance, which will be included as a condition of the encroachment permit, with a combined general liability single limit of at least one million dollars per occurrence covering the permittee’s operations in the parklet area. Additionally, the permittee will be required to defend, indemnify, and hold harmless the Town and associated parties from and against any claims of injury, damage, or loss resulting from the operation of the parklet.
2 Please note that the amount of an application fee may not exceed the costs of processing the permit, and the amount of an annual fee may not exceed the Town’s cost to administer the permit and the projected loss of parking revenue due to the loss of parking spaces that will be converted to parklets.

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7 H. Temporary Extension
As noted above, any business operating a parklet under a Temporary Outdoor Activities Permit will be allowed to continue this use for an additional 12 months from the effective date of the Parklet Ordinance. After this time, any party who wishes to continue the parklet use may apply under the new rules and fees.

CONCLUSION
Staff recommends that the Town Council adopt the Parklet Ordinance and approve the Resolution to adopt the Parklet Guidelines. Alternatively, staff seeks direction regarding the proposed Parklet Ordinance and/or Parklet Guidelines. Staff also seeks direction regarding the establishment of a fee, which will be returned to the Town Council for consideration at a future date.

CEQA
The proposed Parklet Ordinance and the Parklet Guidelines are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), as a minor alteration to existing public or private facilities.

CONSISTENCY WITH GENERAL PLAN
The proposed Parklet Ordinance and the Parklet Guidelines are consistent with the goals and policies of the Town’s General Plan to preserve, maintain, and enhance the character and quality of life in San Anselmo; and are consistent with the Town’s Climate Action Plan since it will encourage pedestrian use of the downtown area and utilize outdoor spaces.

NOTICE
A copy of the public hearing notice for this item was published in the Marin Independent Journal newspaper.

Respectfully submitted,
Sean Condry, P.E., C.B.O
Public Works Director
Dmitriy Laptev
Public Works Project Coordinator
Emily Longfellow
Assistant Town Attorney
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8 Attachment A: Ordinance Amendment to the Town of San Anselmo Municipal Code amending Title 7 “Public Works” adding Chapter 14 “Parklets”.

Attachment B: Town Council Resolution approving “Parklet Guidelines”.

Attachment C: Parklet Guidelines
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DOWNTOWN PARKING STUDY
2019-2021
Administrative Draft
Town Council Meeting, September 28, 2021
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i
Executive Summary:

Concerns about parking or the lack of parking have been ongoing in downtown San Anselmo for some time. Therefore, staff has completed a parking study to determine what the issues are, if any. Is there a lack of parking or does it need to be better managed and available parking made more apparent to downtown shoppers and residents alike?
Based on counts (in Fall 2019/Spring 2020 and Fall 2021), on-street vehicular parking along San Anselmo Avenue between San Rafael Avenue and Tunstead Avenue is at full capacity most of the day (10 A.M. to 8 P.M.), which is not surprising as it is the main artery through downtown and the easiest, thus the first, parking opportunities for visitors. The peak (highest occupancy rates) is around lunchtime. During this time (1 pm to 2 pm), the adjacent public lots and nearby streets are between 42 to 80 percent full, with 138 parking spaces available a short walk away from San Anselmo Avenue. There is a second peak around dinner time, however, many retail shops close at 6 pm and offices close around 5 pm. After 5 pm on weekdays, there are an additional 12 spaces available in the Town Hall employee lot, with another 8 available after 7 pm. There are also several spaces available after 6 pm along eastbound Tunstead Avenue (yellow curbed loading zone).

Opportunities to free up parking spaces for customers/visitors closest to San Anselmo Avenue include increasing the level of parking enforcement to encourage turnover, converting the merchant spaces in Creek Park to 2-hour public parking, changing some 4-hour zones to 2-hour zones, thus relocating the static merchant parking farther out, including the underutilized zones on San Rafael Avenue and southern Sir Francis Drake Boulevard.

Long term opportunities to reduce the high occupancy rate include installing pay stations on San Anselmo Avenue between San Rafael Avenue and Tunstead Avenue or Ross Avenue to reduce occupancy rates along the retail core and make parking easier for customers/visitors.

Overall staff recommends increasing the turnover of prime parking areas on the avenue by adding more 2-hour parking areas, removing merchant parking in the prime downtown area of Creek Park, and adding paid parking on San Anselmo Avenue (see Recommendations section).

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Table of Contents
Executive Summary: ....................................................................................................................................... i

1. Introduction .............................................................................................................................................. 1

2. Existing Downtown Parking Conditions .................................................................................................... 2

2.1 Public Parking Supply .......................................................................................................................... 2

2.2 Public Parking Zones ........................................................................................................................... 3

3. Existing Parking Behavior .......................................................................................................................... 6

3.1 Parking Counts: ................................................................................................................................... 6

3.2 Parking Turnover ................................................................................................................................. 8

3.3 Findings ............................................................................................................................................... 9

4. Existing Parking Management................................................................................................................... 9

4.1 Parking Pricing Policy, Supply and Collection Method ........................................................................ 9

4.2 Merchant Parking: ............................................................................................................................. 10

4.3 Electric Vehicle Parking: .................................................................................................................... 11

4.4 ADA Parking ...................................................................................................................................... 11

4.5 Bicycle Master Plan: .......................................................................................................................... 11

4.6 Parklets: ............................................................................................................................................ 12

4.7 Reimagine Creek Park: ...................................................................................................................... 12

5. Parking Revenues and Expenses ............................................................................................................. 12

6. Parking Policy Options ............................................................................................................................ 13

7. Recommendations and Options: ............................................................................................................ 15

7.1 General Parking Recommendations: ................................................................................................ 15

7.2 Location-Specific Recommendations: ............................................................................................... 15

8. Next Steps ............................................................................................................................................... 16 Appendix: Parking Count Data ................................................................................................................... 17 Item 5
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iii
List of Tables
Table 1 Downtown NorthPeak Parking Occupancy by Time Restriction ...................................................... 6 Table 2 Downtown North Peak Parking Occupancy by Location .................................................................. 7 Table 3 Downtown South Peak Parking Occupancy by Time Restriction ..................................................... 7 Table 4 Downtown South Peak Parking Occupancy by Location .................................................................. 8 Table 5 Downtown Parking Turnover ........................................................................................................... 9 Table 6 Marin County Parking Pricing ........................................................................................................ 10 Table 7 Location-Specific Parking Policy Recommendations ...................................................................... 15 List of Figures
Figure 1: Downtown Parking Study Area ...................................................................................................... 2 Figure 2: Downtown North Parking .............................................................................................................. 4 Figure 3: Downtown South Parking .............................................................................................................. 5 Item 5
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1 1. Introduction
San Anselmo has multiple commercial and economic districts including along San Anselmo Avenue near Lansdale Park, at Saunders/Redwood/Laurel, on Sir Francis Drake (SFD) Boulevard (e.g., at Red Hill Shopping Center), SFD near the Hub, along Red Hill Avenue and Greenfield Avenue, along SFD from the Hub to Barber Avenue, as well as ‘Downtown’ on San Anselmo Avenue and side streets.

This vehicular parking study centers on the publicly available parking spaces in the commercial district in the downtown area: The study area encompasses San Rafael Avenue to the north, Bolinas Avenue to the south, Cedar Street to the west, and SFD to the east (see Figure 1). The available parking consists of public parking along streets, three public parking lots, as well as 29 private parking lots. The parking users consist of employees of shops and offices, residents, customers, visitors, deliveries, and contractors whose use varies from a few minutes to several days.

Parking in the downtown core area is primarily used by customers/visitors and merchants/employees (San Anselmo Avenue and the three public parking lots), as well as residents (on the side streets off of San Anselmo Avenue). Private lots are used by employees of the business/offices, and some are available to customers of those specific businesses. The private lots are typically signed indicating that public parking is not allowed. Parking is also used by contractors (working both inside buildings and in the street), as well as landscapers and delivery vehicles.

As San Anselmo does not allow overnight parking on town streets; almost all residential parking is required to be on private property. (There are a number of residents with overnight parking passes that allows them to park on the street overnight). Merchants can purchase parking stickers to allow all-day parking in 4-hour zones, which creates a ring of static vehicles during the day, primarily from 10 am to 6 pm. Parking use varies from several minutes (delivery vehicles or a quick pickup of food or coffee) to all day (employees or merchants). Contractors may need to park in close proximity to their work location, while others can park and either walk or carpool.

The primary challenge in parking in downtown San Anselmo is that when no spaces are available on San Anselmo Avenue, drivers often “circle the block” to wait for an open space, however, this takes the driver towards Cedar Street and residential areas that may not be familiar to the driver, resulting in frustration. Many residents and business owners have raised concerns about a perceived scarcity and difficulty in finding available public parking in downtown San Anselmo. Concerns also include lack of enforcement of parking duration limits, use of prime spaces by merchant/restaurant employees, lack of signage to direct users to available parking, and overall lack of supply of public parking spaces.

This report outlines the existing parking inventory, occupancy survey and duration survey (both preCOVID (Fall 2019 and Spring 2020) and September 2021) as well as recommended modifications and strategies to optimize parking in downtown San Anselmo.

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2 2. Existing Downtown Parking Conditions
The following section summarizes the Town’s existing inventory of on and off-street public parking.

2.1 Public Parking Supply
Vehicular parking in downtown San Anselmo is located in both commercial and residential areas. For the purposes of this parking study, staff has broken up downtown into two areas, North and South Downtown.

Downtown North: Bordered by San Rafael Avenue to the north, Myrtle Avenue/Cedar Street to the west, Ross Avenue to the south, and Sir Francis Drake Boulevard (SFD) to the east. There are 538 public parking spaces in this area, along with 20 private parking lots (218 spaces), for a total inventory of 756 public and private spaces. Installation of parklets/streetlets in 2020/2021 in response to restaurants being closed to indoor dining reduced the parking inventory by 9 spaces, along with an increase of 3 new public spaces in front of 634-636 San Anselmo Avenue (replacing 3 private spaces) for a net loss of 6 public parking spaces.

Downtown South: Bordered by Ross Avenue to the north, Cedar Street/Richmond Road to the west, Bolinas Avenue to the south, and Sir Francis Drake Boulevard (SFD) to the east. There are 255 public parking spaces in this area, along with 9 private parking lots (156 spaces), for a total inventory of 411 public and private spaces. Installation of parklets/streetlets reduced the parking inventory by 3 public parking spaces.

Figure 1: Downtown Parking Study Area
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3 2.2 Public Parking Zones
The parking supply is a mixture of 20-minute parking, 2-hour, 4-hour, unregulated, accessible parking (ADA), merchant, and school loading (white) and general loading (yellow).

All of the parking along San Anselmo Avenue is restricted to 2 hours, as is the Pine Street Parking Lot.

The Magnolia Avenue Parking Lot and the Creek Park Parking Lot are both restricted to 4 hours, and Creek Park has an un-signed merchant-only parking area – free parking for 4 hours, or unlimited time with a “Shop San Anselmo” sticker available from the Central Marin Police Authority (CMPA). Many of the side streets coming off of San Anselmo Avenue have 2-hour zones about halfway down the street, then switch to 4-hour zones. Cedar Street is unregulated.

It is interesting to note that the Magnolia Avenue parking lot was set to 2-hour parking in 1955, changed to 4-hour parking in 1975, back to 2-hour parking in 2004, and then back again to the current 4-hour parking in 2010. Parking meters were installed in 2004 with the rate set at $0.60 per hour, or a penny per minute. Similar duration changes took place at Creek Park, with 2-hour and 4-hour parking being changed multiple times over the last 45 years as the parking needs changed over time.

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4 Figure 2: Downtown North Parking
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5 Figure 3: Downtown South Parking
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6 3. Existing Parking Behavior
The following section summarizes the existing vehicle parking occupancy and duration based on counts in September 2021.

3.1 Parking Counts:

Vehicle parking counts were undertaken in the study area between the hours of 8 am and 8 pm on two weekdays (Wednesday and Thursday) while school was in session in the first week of September 2021. (Earlier counts were taken by Town staff in fall 2019 and spring 2020, prior to the March 2020 shutdown, with similar results). Counts were done on two separate occasions at each location. The average of the two counts was used to determine the percent of spaces that held vehicles (occupancy rate). Based on these calculations, it was determined that the peak time for parking usage in downtown San Anselmo was between 1 pm and 2 pm, although similar occupancy rates were found between 11 am and 2 pm. The target maximum occupancy is typically considered to be 85% utilization, which provides for about one open space per block at any time (one open space out of 11 or 12 spaces). If occupancy rates are above 85%, then various strategies can be undertaken to bring the rate down below the target.

Weekend counts showed less vehicles parked than weekdays in all area, both Downtown North and South.

The occupancy rates for the types of parking (time limits), as well as the location, is shown in the tables below.

Table 1: Downtown North Peak Parking Occupancy by Time Restriction – 2021 counts Time Restriction # Spaces Percent of Total
Spaces
Occupancy at Peak
Hour (1 pm-2 pm)
Unregulated 61 11% 67%
4-Hour 234 43% 73%
2-Hour 219 41% 80%
20-Minute 15 3% 63%
ADA 9 2% 44%
TOTAL 538 100% 74% Average
Source: NDS Services, 2021 – see Appendix
The 2-hour and 4-hour areas in the Downtown North area were observed having the highest parking occupancy, while the unregulated, 20-minute and ADA zones were lower. Overall, the Downtown North area has a peak parking occupancy below 75 percent, which means that there are about 130 available spaces during the peak hour (1 pm to 2 pm).

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7 Table 2: Downtown North Peak Parking Occupancy by Location- 2021 counts Location # Spaces Percent
of Total
Spaces
Avg.

Occupancy
(8 am-8 pm)
Occupancy at Peak
Hour (1 pm -2 pm)
Magnolia Avenue
Parking Lot
30 6% 65% 78%
Creek Park Lot 47 9% 87% 97%
Tamalpais Avenue 45 8% 80% 92%
Magnolia Avenue 16 3% 78% 75%
Tunstead Ave 42 8% 69% 71%
San Anselmo Avenue 95 18% 65% 88%
SFD Blvd. 51 9% 64% 67%
Cedar Avenue 49 9% 59% 62%
San Rafael Avenue 72 13% 37% 42%
Pine Street 26 5% 68% 77%
Pine Street Lot 28 5% 38% 70%
Woodland Avenue 15 3% 82% 87%
Ross Ave (north side) 22 4% 65% 75%
TOTAL 538 100% 74% Average
Source: NDS Services, 2021, See Appendix
The busiest parking areas in the Downtown North area include Creek Park parking lot, Tamalpais Avenue, Woodland Avenue and San Anselmo Avenue. Overall, the Downtown North area has a peak parking occupancy below 75 percent, which means that there are about 130 available spaces during the peak hour (1 pm to 2 pm).

Table 3: Downtown South Peak Parking Occupancy by Time Restriction – 2021 counts Time Restriction # Spaces Percent of Total
Spaces
Occupancy at Peak
Hour
Unregulated 113 44% 39%
4-Hour 2 1% 100%
2-Hour 130 51% 60%
20-Minute 8 3% 56%
ADA 2 1% 51%
TOTAL 255 100% 51% Average
Source: NDS Services, 2021, see Appendix
Overall, the Downtown South area has a peak parking occupancy of 51 percent, the busiest parking zones being the 4-hour, 2-hour and 20-minute parking spaces.

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8 Table 4: Downtown South Perak Parking Occupancy by Location – 2021 counts Location # Spaces Percent of
Total Spaces
Avg.

Occ.

Occupancy at Peak Hour
(1 pm - 2 pm)
Ross Ave
(south side)
21 8% 58% 50%
Mariposa
Ave
41 16% 46% 51%
Belle Ave 41 16% 53% 54%
San Anselmo
Ave
86 34% 53% 54%
SFD 66 26% 34% 41%
TOTAL 255 100% 51% Average
Source: NDS Services, 2021, See Appendix
Within the Downtown South area, the streets with the highest parking demands throughout the day are San Anselmo Avenue and Belle Avenue. Sir Francis Drake Boulevard had an average occupancy below 50%.

When vehicular parking utilization rates are above 85%, it means that the most convenient spaces are in high demand, resulting in drivers circling to look for an available space. In Downtown San Anselmo, traffic circling is challenging due to the street layout, as there are not typical rectangular downtown blocks as found in larger cities and towns (for example, downtown San Rafael). Recommendations to reduce occupancy below 85% could include improvements in wayfinding, increase in shorter-duration spaces (2-hour spaces, for example), or charging for parking to incentivize some users to find lessconvenient locations.

3.2 Parking Turnover
To analyze parking turnover, a duration study was done in 2019, which consisted of noting each vehicle in parking spaces every ten minutes for two to three hours during the peak lunch time between 10 am and 1 pm. Two duration studies were done on San Anselmo Avenue – once between San Rafael Avenue and Tunstead Avenue, and once between San Rafael Avenue and Ross Avenue. Both results were similar, with about half of vehicles parked for less than 30 minutes, 67-70% parked for less than one hour, and less than 10% parked longer than 2 hours.

Additional duration studies were done in July and September 2021 with similar results (see Table 5).

Increased enforcement may reduce or eliminate vehicles that stay over 2 hours.

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9 Table 5: Downtown Parking Turnover
Date Less than 30 min Less than 1 hour Less than 2 hours Over 2 hours 5/2019 54% 70% 96% 4%
6/2019 49% 67% 90% 10%
8/2021 No data 75% 93% 7%
9/2021 No data 79% 93% 7%
Source: Town of San Anselmo 2019 data, NDS Services 2021 data, see Appendix

3.3 Findings
San Anselmo Avenue is at full capacity most of the day (10 A.M. to 8 P.M.), which is not surprising as it is the main artery through downtown and the easiest, thus the first, parking opportunities for visitors. The peak occupancy for Downtown North is during lunchtime (11 am to 2 pm, with the highest number of parked vehicles occurring from 1 pm to 2 pm). During this time (1 pm to 2 pm), the adjacent public lots and nearby streets are between 42 to 80 percent full, with 138 parking spaces available a short walk away from San Anselmo Avenue. Thus, Downtown North has sufficient number of available parking spaces, but directional signage could help users find spaces off San Anselmo Avenue.

About three-quarters of visitors to San Anselmo Avenue stay less than 1 hour, indicating a lot of turnover. Thus, the 2-hour designation seems appropriate. (Changing to 1-hour parking would drive 25% of vehicles into other areas (assuming drivers never overparked), and would require constant enforcement, thus it is not recommended to change the 2-hour limits).

4. Existing Parking Management
The following section summarizes the Town’s existing parking policies and pricing.

4.1 Parking Pricing Policy, Supply and Collection Method The Town has three locations where users pay to park: the Magnolia Avenue, Creek Park and Pine Street Parking Lots. Up until the Magnolia Lot was reconstructed in 2018, all three lots used mechanical parking meters, with the collections and maintenance performed by the City of San Rafael Parking Services for $1,500 per month.

The mechanical meters are generally not repairable when they break. San Rafael staff attempted to repair them, if possible, otherwise they were covered with a canvas bag. A pay station was installed in the Magnolia Lot in 2018, and in the Pine Street Lot in 2021. In 2020 during the COVID-19 shutdown, the mechanical meters were removed at Creek Park and Pine Street Parking Lots, and the collection and maintenance agreement with the City of San Rafael was not renewed. It was anticipated that when the economy returned to ‘normal’, the pay lots would all be served by pay stations. With the County flood control project affecting Creek Park in summer 2022, followed by construction of improvements to the park, it may be prudent to hold off on installing pay stations in Creek Park until final designs are approved. In the meantime, 4-hour parking is free in the Creek Park Parking Lot.

Considering capital costs, pay stations are typically more cost-effective when they serve over 15 parking spaces, thus, they are typically selected for compact parking lots. In locations with paid street parking, Item 5
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10 individual parking meters are typically used. For street parking areas, for example along San Anselmo Avenue, although the parking meters are less expensive to purchase and install, they tend to lead to sidewalk clutter, and take more staff time to perform collection operations.

Currently, the public parking lots at Magnolia Avenue and Pine Street have parking rate of $0.60 per hour (a penny per minute), while the Creek Park lot is temporarily unmetered and free. Parking rates for other Marin cities are shown below:

Table 6: Marin County Parking Pricing
Location Rate
San Rafael on-street parking $1.50/hour
San Rafael surface parking lots $0.75 per hour
San Rafael parking structures $1.00 per hour
Sausalito surface parking lots
---Summer
---Winter
$2.00 to $4.00/hour
$1.00 to $3.00/hour
Mill Valley $1.00 per hour, discount for
residents who purchase yearly pass
Source: Town of San Anselmo
The general principle is that higher rates are charged for the most desired parking spaces (often the most convenient), and lower rates for less-desirable locations. For downtown San Anselmo, the most desirable locations (based on the occupancy rates and proximity to stores/restaurants/offices) are along San Anselmo Avenue, while nearby surface lots charge fees. This incentivizes motorists to circle and hunt for free on-street parking rather than pay for parking that may be farther away from their destination.

4.2 Merchant Parking:

In 1989, the Town Council created the merchant parking program to “make parking spaces accessible to customers of business in the downtown area” by allowing employees of the downtown businesses to park all day in four-hour parking zones adjacent to the downtown area. In 2019, the Town raised approximately $4,000 per year by selling “Shop San Anselmo” merchant parking stickers. In 2020 and 2021, sales of the merchant stickers dropped appreciably. The total number of merchant parking stickers sold was 152 in 2019, 79 in 2020, and 43 in 2021.

In addition to the 4-hour street parking zones, there are also 19 merchant parking spaces in Creek Park Parking Lot (established in 1975), with the existing parking meters covered through 2020, when the meters were removed. This area is not currently signed, so vehicles without the merchant stickers are allowed to park there for free up to 4 hours. In pre-COVID surveys, typically 16 to 18 spaces (of the 19) were utilized by merchants, with only a few spaces used by the public.

The merchant parking program has been very successful in encouraging employees to park farther away from their shop, restaurant or office, and freeing up closer parking for customers or other visitors.

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11 approximately 27% of the vehicles parked in 4-hour or unregulated zones. (Counts were not made in 2021 due to the assumption that the data point would not be valid due to the low number of merchant stickers sold).

4.3 Electric Vehicle Parking:

Under current Town policy (established as a one-year pilot program in 2011), electric vehicles (EVs) may park without paying at the Magnolia Avenue, Creek Park and Pine Street Parking Lots. When the Magnolia Avenue Parking Lot was reconstructed in 2018, the Town established that EVs receive free electrical charging when paying for parking (making parking enforcement easier). The Sustainability Commission recommended that EVs pay for electric usage, and this policy was approved by the Town Council in spring 2020.

Strictly speaking, EV charging spaces are not considered ‘parking’, similar to spaces in front of the pumps at gasoline filling stations that are not considered parking. EVs charging at Level 2 EV charging stations, the current type installed at the Magnolia Avenue Parking Lot, typically charge for over two hours, which for all intents and purposes, uses the charging spaces as ‘parking’.

The southern section of the Creek Park parking lot will be resurfaced in fall 2021 and conduit was added in August 2021 so that EV charging stations can be installed in the near future. Also in summer 2021, an additional ADA space was marked on the north aisle of the Pine Street Lot, which will allow easier installation of EV chargers in the future along that aisle, as at least one of the EV charging spaces needs to be ADA accessible.

Recent counts in the Magnolia Avenue Lot show that the EV spaces are only used less than 50% of the day (30% of the day on weekends), indicating that as of now, the Town has sufficient EV spaces.

4.4 ADA Parking
The American with Disabilities Act of 1990 (ADA) requires that in parking lots, 4% of spaces be marked for accessible parking, with the first space having a van-accessible aisle 8 feet wide. Currently, there is no requirement that street parking have accessible spaces. The Town has installed several ADA spaces along San Anselmo Avenue that partially meet ADA requirements. Occupancy counts showed that the on-street ADA spaces were rarely used. Additional ADA spaces are not recommended at this time.

4.5 Bicycle Master Plan:

The Town’s Bicycle and Pedestrian Master Plan (BPMP) includes future improvements for bicycle connectivity across the Hub, which is adjacent to Downtown North and includes portions of Creek Park.

One option to achieve better connectivity would be to install a contra-flow bike lane through Creek Park, from the intersection of Bridge and Center Avenues, through the parking lot to Bank Street. This route would require that the existing diagonal spaces be reconfigured to parallel spaces. The existing 33 diagonal spaces would become 22 parallel spaces, a loss of 11 spaces, however, eliminating the merchant parking would increase public parking by 19 spaces, for an overall increase of 8 public spaces. (The project is described in Section 5.2.1 of the BPMP, page 40). Staff recommends that any changes to Item 5
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12 the Creek Park parking lot (other than to the Merchant Parking) be coordinated with future park projects (see Section 3.7 below).

4.6 Parklets:

In response to the COVID-19 pandemic in March 2020, the Town passed an urgency ordinance that allowed temporary use of public parking spaces to be used for outdoor dining or retail. The Town defines ‘parklets’ as areas in parking spaces that are for use by the general public, and ‘streetlets’ as areas that are reserved for patrons of restaurants or retailers. Over the last 17 months, several restaurants have installed streetlets – temporarily reducing the parking inventory by 9 spaces in Downtown North (offset by 3 new spaces in front of Creek Park on San Anselmo Avenue), and 3 spaces in Downtown South. With the average occupancy rate in Downtown North of about 75% at the peak hour, there appears to be sufficient parking capacity to allow additional parklets/streetlets along San Anselmo Avenue and other areas downtown.

4.7 Reimagine Creek Park:

The County Flood Control District has a future flood reduction project (San Anselmo Flood Risk Reduction project (SAFRR)) that will affect San Anselmo Avenue and Creek Park. After the business in 634-636 San Anselmo Avenue were relocated by the County, Town staff oversaw the demolition of the vacant buildings and created a temporary park that has been very popular with the changing indoor dining restrictions. This project resulted in three private parking spaces on the deck being eliminated, and the creation of three public parking spaces on San Anselmo Avenue.

The SAFFRR project is expected to be constructed in summer 2022, which will eliminate the temporary park, but will include a plaza area, eliminating 6 parking spaces currently fronting the park along San Anselmo Avenue. The associated Creekside Commons project may also affect parking in Creek Park.

Any parking changes in conjunction with the park project will be considered by the Town Council as part of that project.

5. Parking Revenues and Expenses
Currently, all funds collected from the metered surface lots (Magnolia Avenue Lot and Pine Street Lot while the Creek Park Lot is temporarily free), is deposited into a dedicated parking fund.

The Town share of revenue from parking tickets (from all over San Anselmo) is deposited into the General Fund. Revenue from parking tickets partially offsets payments made to the Central Marin Police Authority for enforcement services. Parking ticket revenue is not included in projections below.

In 2020, The Town did not renew the contract with the City of San Rafael Parking Services for the maintenance and collection of the parking meters, which was paid from the General Fund. The new pay stations in the Magnolia Avenue and Pine Street lots result in less staff/contract time required for collections each week compared with the parking meters.

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13 Prior to 2020:

Parking Meter Revenue (per year, 2019 data) – 3 lots $5,000/mo x 11 = $55,000/yr Cost for San Rafael Parking Services ($1,500/mo x 11) ($16,500/yr) Net generated $38,500/yr
Fall 2021:

Parking Meter Revenue (fall 2021 data) – 2 lots $2,100/mo x 11 = $23,100/yr Cost for Staff time (estimated) ($325/mo x 11) ($3,575/yr) Net generated $19,525/yr
In addition, the Town had been raising three to four thousand dollars per year for merchant parking stickers, allowing vehicles to park all day in 4-hour zones. In 2020, the revenue fell to about $2,000 and in 2021, to just over $1,000 per year. The drop is assumed to be from the pandemic, as parking pressures have eased in the downtown core. The income from the merchant parking program has been reserved, with a current fund balance of approximately $70,000. In summer 2021, approximately $30,000 was used from the fund for paving improvements and the new pay station at the Pine Street Lot.

The pay stations in the Magnolia and Pine Street Lots are currently maintained by Town staff. Between collections, maintenance and responding to user issues, staff spends approximately 2-4 hours per month. It is anticipated that collections and maintenance at all three downtown lots would require 4 to 6 hours of staff time per month (assuming two or three pay stations in the Creek Park Lot).

6. Parking Policy Options
The following section provides potential options for modifying the vehicular parking policy to achieve the goals of this study, which are to address the perceived scarcity and difficulty in finding available public parking in downtown San Anselmo.

One option to reduce the high occupancy rates along San Anselmo Avenue in Downtown North would be to charge for on-street parking by installing pay stations (8 stations between San Rafael Avenue and Tunstead Avenue, or 12 stations between San Rafael Avenue and Ross Avenue). The pay stations would encourage turnover, reduce ‘overstaying’, and reduce occupancy rates since a portion of the users would search for lower priced parking (in the Town lots), or search for free parking along sidestreets.

If pay stations were installed, it is assumed that a dedicated employee would need to be hired to maintain the stations and perform weekly or biweekly collections. Staff time could be reduced to several hours a month if the pay stations were configured to accept only credit cards and smart phone app (ParkMobile) payments, as no collections would need to be performed. Pay stations would cost about $15,000 each to purchase and install, assuming solar panels would collect enough sunlight. If Item 5
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14 stations needed to be hard-wired to the electric grid, it is assumed that installation would add about $5,000 per machine ($20,000 total per machine).

Twelve pay stations would be required from San Rafael Avenue to Ross Avenue (92 spaces), and would cost about $275,000 to $300,000 to install (with signage and space numbering). For a smaller paid area along San Anselmo Avenue (San Rafael Avenue to Tunstead Avenue – 56 spaces), eight pay stations would be required at a cost of about $175,000 to $200,000.

If the pay stations were limited to credit card and smartphone application payment only, the staff time required would be significantly reduced, with no new staff positions required. If bills and coins were to be accepted, an additional staff person would be needed to perform collection duties.

The estimated yearly revenue is $256k ($156k for the shorter section). Yearly staff costs are estimated to be $45k ($34 for the shorter section). The payback period would be about 2 years for either option.

Revenue assumptions: 92 spaces-average 60% utilized – 11 hours (7 am to 6 pm) – 6 days/wk – 47 wks/yr (56 spaces for shorter section) - $1.50/hr = $256,000 ($156,000 for shorter section) Staff time assumptions – 16 hrs/wk for 12 stations, 12 hrs/wk for 8 stations @ $60/hr (much less staff time if only credit cards and ParkMobile are used – no cash or coins).

As previously noted, all funding collected from the three metered surface lots (Magnolia Avenue Lot, Pine Street Lot and Creek Park Lot) is deposited into a restricted parking fund, and income from parking tickets is deposited into the General Fund. Revenue from parking tickets partially offsets payments made to the CMPA for enforcement services.

The new pay stations in the Magnolia Avenue and Pine Street lots result in less staff/contract time required for collections each week compared with the parking meters serviced by San Rafael. Between collections, maintenance and responding to user issues, staff spends staff spends approximately 2-4 hours per month. It is anticipated that collections and maintenance at all three downtown lots would require 4 to 6 hours of staff time per month (assuming two or three pay stations in the Creek Park Lot).

In addition, the Town raises approximately $1,000 to $2,000 per year for merchant parking stickers, allowing vehicles to park all day in 4-hour zones. The income from the merchant parking program has been reserved, with a current fund balance of approximately $70,000.

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15 7. Recommendations and Options:

The northern section of Downtown San Anselmo has several areas where the vehicle parking occupancy during the peak lunch hour from 11 am to 2 pm is over 85%, which means at this time, it can be challenging to find parking in those areas. Just a block or two away from the busiest area lies San Rafael Avenue, which has a low occupancy throughout the day, including at the peak hour. Recommendations include increasing the number of 2-hour spaces close to San Anselmo Avenue and in surface lots, and adding paid parking to San Anselmo Avenue thereby increasing parking turnover.

San Anselmo Avenue in the southern section of Downtown has an average occupancy of 56% at the peak hour (and 31% average for the day), which indicates that the supply of parking is sufficient for the current use patterns. No specific recommendations in the southern section are proposed at this time.

7.1 General Parking Recommendations:

The following list of recommendations apply to both the north and south areas of Downtown San Anselmo.
1) Improve signage and wayfinding to highlight available parking, both in surface lots as well as San Rafael Avenue and southern Sir Francis Drake Boulevard (completed). 2) Increase turnover of on-street parking through increased enforcement. 3) Improve outreach to merchants and offices regarding the merchant permit program. 4) Provide physical maps for merchants to provide to their customers showing available parking and duration limits.

7.2 Location-Specific Recommendations:

Table presents location-specific recommended changes to San Anselmo’s Downtown parking policies.

Table 7: Location-Specific Parking Policy Recommendations Designation Recommendation
G-1 Increase available 2-hour spaces by converting Magnolia Avenue between Library Place and Cedar Street from 4-hour parking to 2-hour parking.

G-2 Increase available 2-hour spaces by converting southbound Sir Francis Drake between the Hub and Tunstead Avenue from 4-hour parking to 2-hour parking.

G-3 To reduce traffic congestion, eliminate parking spaces on northbound SFD between Bank Street and the Hub to create a 24-hour slip lane. (Currently, parking is restricted between 3:30 pm and 6 pm only, 2-hour limit). Net loss of four 2-hour spaces and one 30-min space. Traffic counts indicate that this area has an occupancy of less than 1%.

G-4 To improve circulation and usage of the Magnolia Avenue Parking Lot, change Kientz Lane to two-way.

G-5 If paid parking is instituted on San Anselmo Avenue, consider changing price per hour at the other Town parking lots.

Creek Park Lot
CP-1 Eliminate merchant parking, increasing the available public spaces by 19.

CP-2 Convert to 2-hour time limits.

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16 8. Next Steps
Based on changes to the downtown parking areas that are approved by the Town Council, it is expected that parking behavior will be modified. It is recommended that parking counts be done every year or two to identify if the changes are working, or if other changes or modifications to improve parking are necessary.

If paid parking on San Anselmo Avenue is to be instituted, a detailed plan, cost estimate and revenue projection should be developed, funding identified, and the project added to the Capital Improvement Program.

San Anselmo
Avenue
SA-1 Install paid parking on San Anselmo Avenue between San Rafael Avenue and Ross Avenue, with a rate of $1.50/hour from 7 am to 6 pm. (12 pay stations) SA-2 Install paid parking on San Anselmo Avenue between San Rafael Avenue and Tunstead Avenue, with a rate of $1.50/hour from 7 am to 6 pm. (8 pay stations) Item 5
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17 Appendix: Parking Count Data
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Town of San Anselmo - September 2021
Downtown Parking Study - NDS Counts - Weekdays Weekdays - Tuesday/Wednesday/Thursday Location No. Spaces
Time Limit
Magnolia Lot - EV 6 4 hr 1 1 2 2 2 3 2 2 4 3 4 3 2 3 3 2 2 2 2 3 4 4 4 3 Avg Occ lot 22 4 hr 3 4 8 7 14 11 14 13 17 21 18 21 20 16 11 17 11 15 19 19 18 20 19 19 10am-8pm ADA 2 n/a 1 0 0 0 0 0 0 0 0 1 0 1 0 1 0 0 0 0 0 1 0 1 1 1 Total 30 5 5 10 9 16 14 16 15 21 25 22 25 22 20 14 19 13 17 21 23 22 25 24 23 426 Average and % Occupancy 30 5 17% 9.5 32% 15 50% 15.5 52% 23 77% 23.5 78% 21 70% 16.5 55% 15 50% 21 70% 22 73% 23.5 78% 65% Pine Street Lot - metered 26 2 hr 1 2 2 2 9 6 14 13 22 17 14 22 14 13 16 8 8 9 1 4 4 1 0 0 ADA 2 n/a 0 0 0 0 1 0 2 1 2 1 2 1 1 2 2 1 0 0 0 0 0 1 0 1 Total 28 1 2 2 2 10 6 16 14 24 18 16 23 15 15 18 9 8 9 1 4 4 2 0 1 220 Average and % Occupancy 28 1.5 5% 2 7% 8 29% 15 54% 21 75% 19.5 70% 15 54% 13.5 48% 8.5 30% 1 4% 3 11% 0.5 2% 38% Creek Park - free
whole lot 45 4 hr 19 12 27 21 39 39 41 45 45 42 45 44 45 38 39 36 37 38 40 40 41 39 41 36 ADA 2 n/a 0 0 1 1 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 1 1 0 0 Total 47 19 12 28 22 39 39 41 45 45 42 46 45 45 38 39 36 37 38 40 40 42 40 41 36 895 Average and % Occupancy 47 15.5 33% 25 53% 39 83% 43 91% 43.5 93% 45.5 97% 41.5 88% 37.5 80% 37.5 80% 40 85% 41 87% 38.5 82% 87% S.A. Avenue - Bridge to Tunstead
east side - acorn bldg 3 2 hr 3 1 2 3 3 3 2 2 3 2 2 3 2 3 2 3 2 3 2 3 2 3 3 3 east side - Thai restaurant - 4+1 ADA 5 2 hr 4 0 3 4 4 5 5 4 5 4 5 4 4 4 4 4 5 4 3 5 5 2 5 5 west side Fire station 5 2 hr 4 2 4 4 5 5 5 5 5 5 5 5 5 3 4 4 5 5 4 5 5 4 5 4 Tamalpais at S.A. - intersection 1 20 min 0 0 0 0 0 0 0 1 1 0 0 0 0 1 1 0 0 0 0 1 0 0 0 1 west side - Tamalpais to crosswalk - 5 diag. + 7 parall 12 2 hr 6 6 7 9 12 12 12 12 10 12 12 12 11 12 11 10 12 10 12 11 11 9 12 11 2 hr
west side - Magnolia to Tunstead - Town Hall 9 2 hr 5 4 8 6 8 5 8 7 9 8 9 9 9 6 9 9 8 8 6 9 9 8 8 9 east side - Tamalpais to Magnolia 11 2 hr 6 8 6 8 9 10 10 10 10 10 10 10 10 9 9 9 9 10 10 11 10 9 10 9 east side - Magnolia to Tunstead - diag. 11 2 hr 8 1 8 8 9 10 10 10 11 10 11 11 10 8 11 8 9 10 9 10 11 10 10 10 Total 57 36 22 38 42 50 50 52 51 54 51 54 54 51 46 51 47 50 50 46 55 53 45 53 52 1153 Average and % Occupancy 57 29 51% 40 70% 50 88% 51.5 90% 52.5 92% 54 95% 48.5 85% 49 86% 50 88% 50.5 89% 49 86% 53 93% 89% S.A. Ave - Tunstead to Bolinas - west side - Tunstead to Pine 7 2 hr 2 2 3 4 7 5 6 6 6 4 6 7 7 6 7 7 4 5 3 5 5 3 3 5 west side - Pine to Woodland 2 spaces parklet 5 2 hr 2 0 4 0 4 3 5 3 4 3 4 3 4 2 5 3 4 4 1 4 4 1 3 2 west side - Woodland to Ross 5 2 hr 2 2 2 2 3 5 1 5 4 3 3 4 5 5 4 4 2 3 2 1 2 1 0 1 west side - Woodland to Ross (ADA) 1 n/a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 west side - ADA at Mariposa 1 2 hr 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 west side - Ross to Mariposa 13 2 hr 2 4 2 5 5 4 3 5 3 10 6 8 9 8 7 5 6 4 3 4 4 4 3 5 west side - Mariposa to Belle 6 20 min 2 3 4 6 3 4 4 2 4 2 5 3 6 2 0 3 3 3 0 1 1 2 0 3 west side - Mariposa to Belle 3 2 hr 2 2 2 0 2 2 2 2 2 2 2 2 2 2 1 1 0 0 1 0 2 0 1 0 west side - Belle to Bolinas 4 2 hr 0 4 0 4 1 2 0 1 2 3 3 3 4 3 1 2 1 3 2 2 2 1 2 1 east side - Little Tunstead to Little Pine 6 2 hr 2 0 3 4 6 5 6 5 6 6 6 6 5 6 6 6 4 6 3 3 5 4 1 3 east side - Little Pine to Ross - 3x20 min + 10 reg 13 2 hr 0 5 9 5 11 6 9 10 13 11 11 11 13 12 8 9 5 8 4 4 6 6 4 4 east side - ADA at Ross 1 2 hr 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 east side diagonal - Ross to Bolinas 59 2 hr 9 9 19 13 26 19 28 27 29 37 24 41 21 23 6 9 4 6 1 3 0 1 1 1 Total - Tunstead to Ross 38 8 9 21 15 31 24 27 29 33 27 30 31 34 31 30 29 20 26 13 17 22 15 11 15 548 Average and % Occupancy - Tunstead to Ross 38 8.5 22% 18 47% 27.5 72% 28 74% 30 79% 30.5 80% 32.5 86% 29.5 78% 23 61% 15 39% 18.5 49% 13 34% 65% Total - Ross to Bolinas 86 15 22 27 28 37 31 37 37 40 54 40 57 43 38 16 20 14 16 7 10 9 8 7 10 623 Average and % Occupancy - Ross to Bolinas 86 18.5 22% 27.5 32% 34.0 40% 37.0 43% 47.0 55% 48.5 56% 40.5 47% 18.0 21% 15.0 17% 8.5 10% 8.5 10% 8.5 10% 31% TOTAL
8 am to 9 am
9 am to 10 am
10 am to 11 am
11 am to 12 pm
12 pm to 1 pm
1 pm to 2 pm
2 pm to 3 pm
3 pm to 4 pm
4 pm to 5 pm
5 pm to 6 pm
6 pm to 7 pm
7 pm to 8 pm
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San Anselmo City CouncilJune 28, 2022

San Anselmo City Council
June 28, 2022