Agenda packet — San Anselmo City Council, May 23, 2023 (part 1 of 3)

Tuesday, May 23, 2023 6:15 PM
In the Council Chambers at 525 San Anselmo Avenue, San Anselmo, CA 94960 Town Council
Agenda
Meeting held In-Person and via Zoom:
https://us02web.zoom.us/j/83913343756
Or Telephone: +1 669 900 6833 | Webinar ID: 839 1334 3756 How to Submit Comments Before the Meeting: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

How to Participate During the Meeting: Members of the public will have the option to speak during the meeting through the Zoom application by using their phone or an electronic device.

For PC, Mac, or smart phone, Use Raise hand function when public comment for an item is requested. It is a button that is located at the top or bottom of your screen, based on your computer For landline phones, raise hand to be recognized with *9 A. Call to Order in the Council Chambers at Town Hall- 525 San Anselmo Avenue, San Anselmo CA 94960 - 6:15 PM
B. Mayor Burdo announces that item B.1 will be discussed in Closed Session.

B.1. Closed Session Held Pursuant to Conference with Legal Counsel – Existing Litigation - Government Code section 54956.9(a) Name of Case: Mark Swanson v. Testate and Intestate Successors to Lilian I.

Davidson et al. (Marin County Superior Court Case No. CIV 2202271) Quiet Title Action.

C. PUBLIC COMMENT on Closed Session Items.

D. Adjourn to Closed Session.

Interviews for Economic Development Committee - 6:30PM
Three (3) Interviews by Time and Name:
6:30 PM- Ryan Olson- Economic Development Committee- Application no Resume Town Council Agenda May 23, 2023
1 1. Consent Agenda:

1.1 Approval of the Draft Minutes of the Special Town Council Meeting of May 5, 2023.

1.2 Approval of the Draft Minutes of the Regular Town Council Meeting of May 9, 2023.

1.3 Award of Construction Contract for the 2023 Street Rehabilitation Project

1.4 Award of Construction Contract for the 2023 Slurry Seal Project

1.5 Senate Bill 1 (SB1) Gas Tax Funding Project List
6:40 PM - Ginny Svigals - Economic Development Committee- Application w/Resume 6:50 PM - Michael Fine - Economic Development Committee- Application no Resume Call to Order in the Council Chambers at Town Hall. Optional Pledge of Allegiance: The Mayor or a designated Council member will recite the Pledge of Allegiance for members of the Council and the public who wish to join in the recitation - 7:00 PM
Open time for public expression.

The public is welcome to address the Council at this time on matters not on the agenda that are within the jurisdiction of the Council. Please be advised that pursuant to Government Code Section 54954.2, Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than three minutes and should be respectful to the community.

Council requests for future agenda items.

Council committee liaison reports, questions and comments to staff; staff miscellaneous items.

Special Presentation.

Mayor's Proclamation Recognizing Steven Pringle.

The opportunity for public comment on consent agenda items will occur prior to Council discussion of the consent agenda. The Council may approve the entire consent agenda with one action. In the alternative, items on the consent agenda may be removed by any Council or staff member, for separate discussion and vote.

Staff Report
Attachment 1- Draft Minutes of May 5, 2023
Staff Report
Attachment 1- Draft Minutes of May 9, 2023
Staff Report
Attachment 1 - 2023 Street Rehabilitation Map
Staff Report
Map of Slurry Seal streets
Staff Report
Attachment 1 - Resolution
Town Council Agenda May 23, 2023
2 1.6 Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement County of Marin (“Zero Waste Marin”)

1.7 Consider Adopting a Resolution Declaring June 2023 LGBTQ Pride Month and Directing Staff to Fly the Rainbow Flag Throughout the Month of June at Town Hall

1.8 Consideration of Special Event Application -San Anselmo Arts Commission’s Beatles in the Park Fundraiser 2023

1.9 Approve Resolution to Authorize the Mayor to Execute the Renewal of the Community Development Block Grant Cooperation Agreement.

1.10 Adoption of 2023-24 and 2024-25 Measure J Expenditure Plan

1.11 Final Approval of 2023-2025 Work Plan Priorities

1.12 Adopt a Resolution to Redefine the Framework for the Town’s Climate Action Commission

1.13 Approve revisions to the Section 8, Policies, Programs, and Action, of the Draft Housing Element and authorize staff to work with the Housing Element Advisory Committee to prepare nonpolicy related revisions to the Draft Housing Element and to submit the revised Draft Housing Element to the California Department of Housing and Community Development (HCD). The Draft Housing Element and direction to the staff to submit to the HCD for review is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15378 as it does not constitute a "project".

Staff Report
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Staff Report
Attachment 1- Draft Resolution
Staff Report
Attachment 1- Event Application
Staff Report
Attachment 1- Draft Resolution
Attachment 2- 1st Amendment to the Cooperation Agreement 2023 Attachment 3- Notification Letter to City Managers
Attachment 4- May 26, 2020 Executed Cooperation Agreement Staff Report
Staff Report
Attachment 1- Work Plan Priorities 2023-25 by Department Attachment 2- Work Plan Priorities 2023-25 by Category
Staff Report
Attachment 1- Draft Resolution
Staff Report
Attachment 1- HCD Comment Letter
Attachment 2- Special Joint Planning Commission and HEAC Meeting Presentation- May 15, 2023
Town Council Agenda May 23, 2023
3 1.14 Revenue and Expenditure Reports, April 2023

1.15 Proclamation of the Town of San Anselmo Declaring the First Friday in June, June 2, 2023, to be National Gun Violence.

2. Public Hearing:

2.1 Introduction and first reading of Amendments to the San Anselmo Municipal Code adding Chapter 21 “Affordable Housing” to Title 10 “Planning and Zoning”, which amendment would establish an inclusionary housing program and an affordable housing fund, adoption of a resolution recommending Town Council adoption of implementing regulations regarding inclusionary affordable housing requirements and program regulations, and adoption of a resolution recommending Town Council adoption of in-lieu affordable housing fees and commercial/non-residential linkage fees. The Ordinance would apply town wide.

The proposed ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

3. Council Business Items:

Attachment 3- Chapter 8 - Policies, Programs, and Actions- Updated Staff Report
Attachment 1 - Budget Comparison Report - San Anselmo, CA_Sub Category Attachment 2 - Budget Comparison Report - San Anselmo, CA_ by Department Staff Report
Attachment 1- Proclamation
In general, the following procedural order applies to public hearing items:
•Disclosure of Ex Parte communications (Appeals)
•Staff Presentation
•Town Council Questions
•Applicant/Appellant Presentations – 10 minutes per "team" (Appeals) •PUBLIC COMMENT – limited to 3 minutes/person
•Appellant/Applicant rebuttals – 5 minutes per "team" (Appeals) •Town Council discussion/action
Staff Report
Attachment 1- Ordinance
Attachment 2- Draft Council Resolution- Affordable Housing Requirements and Program Regulations
Attachment 3- Draft Council Resolution- Commercial Linkage Fees Attachment 4- Planning Commission Resolution No. 2023-08 Attachment 5- Inclusionary Program and In-Lieu Fee Study prepared by Strategic Economics and Vernazza Wolfe Associates dated February 10, 2023
Attachment 6- Commercial Linkage Study prepared by Strategic Economics and Vernazza Wolfe Associates dated February 18, 2023
Presentation
In general, the following procedural order applies to items of business:
•Presentation
•Town Council questions
•PUBLIC COMMENT – limited to 3 minutes/person
Town Council Agenda May 23, 2023
4 3.1 Consider the Implementation of the Town of San Anselmo Prescribed Grazing Program. The Town finds the prescribed and targeted grazing program (Program) to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15304, Class 4, for minor alterations to land, and Section 15301, Class 1, for Existing Facilities.

3.2 Resilience Hub Feasibility Study Presentation. The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because 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).

3.3 Consider the appointment of (3) three applicants to the Economic Development Committee.

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).
•Town Council discussion/action
Staff Report
Attachment 1
Attachment 2
Attachment 3
Staff Report
Attachment 1 - Resilience Hub Feasibility Study Presentation Attachment 2 - Resilience Hub Feasibility Study Report
Staff Report
Attachment 1- Ryan Olson- Application no Resume
Attachment 2- Ginny Svigals - Application w/Resume
Attachment 3- Michael Fine - Application no Resume
Adjourn
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Staff at email [email protected]. Notification at least 48 hours prior to the meeting will enable the Town to make reasonable accommodation to help insure accessibility to this meeting.

Any writings or documents provided to a majority of the Town Council regarding any item on this agenda after the distribution of the original packet will be made available for public inspection at the public counter at Town Hall located at 525 San Anselmo Avenue.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

If any of these matters above are challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. Judicial review of an administrative decision of the Town Council must be filed with the Court not later than the 90th day following the date of the Council’s decision (Code of Civil Procedure Section 1094.6) Any item not under discussion before 10:00 p.m. may be continued to the next regular meeting. Next regular meeting is June 13, 2023.

Town Council Agenda May 23, 2023
5 Administration Department
Town Hall, main floor
525 San Anselmo Avenue
San Anselmo, CA 94960
(415) 258-4691
Town Council
Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Brian Colbert, Councilmember
Alexis Fineman, Councilmember
Tarrell Kullaway, Councilmember
Staff
David Donery, Town Manager
Linda Kenton, Assistant Town Manager / Town Librarian
Megan Holt Acevedo, Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Dannielle Mauk, Community Services Director
Mike Norton, Chief of Police
Jason Weber, Fire Chief

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the Town of San Anselmo website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

Town Council Agenda May 23, 2023
6 Print

TOWN OF SAN ANSELMO

APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE To: San Anselmo Town Council
Date*
5/17/23
I wish to apply for an
appointment to a term/balance*
Name*
Ryan Olson
Home Address*
200 Bolinas Rd Apt 37 / Fairfax, CA 94930
Occupation*
General Manager
Employer's Address
510 San Anselmo Ave
Home Phone*
4155169747
Work Phone
Boards, Committees and Commissions Application - Submission #1883 Date Submitted: 5/17/2023
Economic Development Committee
7 Cell Phone
4155169747
E-Mail*
[email protected]
Number of years as resident of San Anselmo*
.5
Number of years as a resident in Marin*
1 Education Level Achieved*
Name and phone numbers of three San Anselmo residents who can be contacted for referral information about me:

1.) Name*
Donna Seymour

1.) Phone*
4153781435

2.) Name*
Georgianna Barker

2.) Phone*
6282378035

3.) Name*
awaiting permission

3.) Phone*
will provide if interviewed
YES
NO
I would be able to regularly attend the meetings of this Board/Commission/Committee.* YES
NO
I would be available to attend additional meetings when they are necessary.* College/University Degree (Major)
8 YES
NO
I am familiar with the responsibilities and functions of this Board/Commission/Committee.* YES
NO
I have attended meetings of the Board/Commission/Committee as a member of the public.* List briefly, previous experience serving the public office, and/or civic commissions,boards, or committees.* The closest experience I have to serving on a civic commission is managing a polling location in the 2008 election cycle in San Francisco. In the private sector, I represented union workers on the Operations Safety Board at UPS in South San Francisco in 2003.

Reasons for this appointment.*
I help run day to day operations at a local institution where many of our neighbors frequently gather.

What are your qualifications for this appointment.*
I have 15 years of business management experience, including 2 years as a business owner of Phlox Commons Kitchen and Draught House (what a name) in San Francisco.

Briefly, what do you consider to be the most important, one or two current issues facing this Board/Commission/Committee? *
We are seeing a fresh wave of entrepreneurs on the Avenue, bringing a broader range of services and products to San Anselmo that cater to a more diverse clientele. A vibrant commercial district strengthens community and helps keeps the town relevant. We need to find ways to make it easier for would-be small business owners to set up shop and succeed in San Anselmo.

YES
NO
I understand that I and all other applicants will be personally interviewed by the Town Council as part of the selection process for this appointment. I also understand that my application material will be a public document and available on the Town's website. Sensitive materials that you don't wish to be posted on the website should not be included with the application.*
Other Boards/Commissions/Committees on which you would be interested in serving if not appointed to this seat?* You may attach personal resumes or other information which you believe would be helpful to the Council in its selection process.

Choose File No file chosen
Thank you for your interest in serving the Town of San
Anselmo and its citizens. For further information, please contact the Town Clerk, at
[email protected] or 415-258-4660.

Open Space Committee
9 10
file:///C/Tyler_Scans/1873%20-%20Ginny%20Svigals.htm[5/11/2023 1:47:43 PM] Print

TOWN OF SAN ANSELMO

APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE To: San Anselmo Town Council
Date*
I wish to apply for an
appointment to a term/balance*
Economic Development Committee
Name*
Home Address*
Occupation*
Employer's Address
Boards, Committees and Commissions Application - Submission #1873 Date Submitted: 5/9/2023
11 file:///C/Tyler_Scans/1873%20-%20Ginny%20Svigals.htm[5/11/2023 1:47:43 PM] Home Phone*
Work Phone
Cell Phone
E-Mail*
Number of years as resident of San Anselmo*
Number of years as a resident in Marin*
Education Level Achieved*
12 file:///C/Tyler_Scans/1873%20-%20Ginny%20Svigals.htm[5/11/2023 1:47:43 PM] Graduate Degree (Major)
Name and phone numbers of three San Anselmo residents who can be contacted for referral information about me:

1.) Name* 1.) Phone*

2.) Name* 2.) Phone*

3.) Name* 3.) Phone*
YES
NO
I would be able to regularly attend the meetings of this Board/Commission/Committee.* YES
NO
I would be available to attend additional meetings when they are necessary.* YES
NO
I am familiar with the responsibilities and functions of this Board/Commission/Committee.* YES
NO
I have attended meetings of the Board/Commission/Committee as a member of the public.* List briefly, previous experience serving the public office, and/or civic commissions,boards, or committees.* 13 file:///C/Tyler_Scans/1873%20-%20Ginny%20Svigals.htm[5/11/2023 1:47:43 PM] Reasons for this appointment.*
What are your qualifications for this appointment.*
Briefly, what do you consider to be the most important, one or two current issues facing this Board/Commission/Committee?* I understand that I and all other applicants will be personally interviewed by the Town Council as part of the selection 14 file:///C/Tyler_Scans/1873%20-%20Ginny%20Svigals.htm[5/11/2023 1:47:43 PM] YES
NO
process for this appointment. I also understand that my application material will be a public document and available on the Town's website. Sensitive materials that you don't wish to be posted on the website should not be included with the application.*
Other Boards/Commissions/Committees on which you would be interested in serving if not appointed to this seat?* None
You may attach personal resumes or other information which you believe would be helpful to the Council in its selection process. 2023 Ginny Svigals Resume.pdf
Thank you for your interest in serving the Town of San
Anselmo and its citizens. For further information, please contact the Town Clerk, at [email protected] or 415-258-4660.
15 GINNY SVIGALS
919 770 6954 | [email protected]

PROFILE
A highly skilled and experienced Registered Nurse with Primary, Critical Care, Public Health, and health education experience. Passionate about improving reproductive health equity through education, relationship building, and providing access to high quality health care. Interested in shifting my career focus back to direct patient care. Eager to work directly within my community and impact the lives of people along their reproductive health journeys.

HIGHLIGHTS
● Advanced experience delivering clinical care, performing assessments, and creating individual care plans
● Experienced health educator for women and teens across the primary and sexual health spectrum
● Skilled in program/project design, public speaking, and creating health\wellness promotional content ● Excell at managing multiple tasks, working independently, organization, and collaborating across complex teams
● Confident in ability to learn new skills, take initiative, and know when to ask for help ● Outstanding communication skills and a history of building warm, strong relationships with clients/patients.
● Focused on creating an upliftingt, energetic, and collaborative work environment for both patients and collegues.

EDUCATION
University of California San Francisco | Global Health Institute ● Master of Science: Global Health | 2017 – 2018
East Carolina University
● Bachelor of Science: Nursing | 2004 - 2009

PROFESSIONAL EXPERIENCE
SFUSD School District Registered Nurse | 2019-2022
John O’Connell High School
● Primary health care provider and health educator for 120 Staff and 600 Students ● Provided first aid and emergency management, alongside facilitating emergency support staff training ● Created, managed, and documented all Individual Care Plans ● Experience with program design and project management through community health outreach, school body engagement, small group sessions, and collaborative opportunities for outside community health workers.
● Created virtual student facing content for health awareness and wellness education topics. ● Extensive experience building relationships to creat trust, ensure understanding, and solve problems. 16 University of California San Francisco | Master of Science in Global Health | 2017-2018 Graduate Thesis: Estimating the Prevalence and Risks Associated of Chlamydia Trachomatis Sexually Transmitted Infections Among Females in Suva, Fiji
● Developed and managed a women’s reproductive health quantitative research study, as well as piloted a novel rapid diagnostic device for Chlamydia trachomatis diagnosis. ● Designed strategies for data collection, managed teams of volunteers, and organized on-site training
● Completed the studies formal analysis, methodology, and project administration. ● Experience with public speaking and dissemination of results, data, and program layouts.

Registered Nurse
Adult Healthcare, Intensive Care Unit (ICU), Interventional Radiology | 2009 - 2015 The Medical University of South Carolina | Charleston, SC ● Employeed in Adult Medical ICU, Surgical and Neurological Trauma ICU, Emergency Room, Interventional Radiology
● Trained in delivery of conscious sedation
● Created patient care plans individually and through team collaboration for patient care plans ● Extensive experience with health assessments, patient education, procedure followup, and documentation via EMR
Madaktari Africa | Tanzania | 2009-2011
Nursing Lead and Coordinator
● Served on nonprofit program team designing fundamental CPR skill training program for hospital staff, sustainable solutions through protocol management, and facilitating health provider training.

PUBLICATIONS
Svigals, V., Blair, A., Dean, D. (2020). “Hyperendemic Chlamydia trachomatis sexually transmitted infections among females represent a high burden of asymptomatic disease and health disparity among Pacific Islanders in Fiji”. PLoS Negl Trop Dis.

LICENSURE/SKILLS
● Active RN License through the State of California Board of Nursing (licensure number upon request) ● ACLS/BLS Certified
● Proficient in Google Suite, MS Office, Adobe Acrobat, ScientificWriting ● Experience using Electronic Medical Records, R code, DocuSign 17 file:///C/Tyler_Scans/1866%20-%20Michael%20Fine%20-%20Economic%20Development%20Committee.htm[5/1/2023 1:39:25 PM] Print

TOWN OF SAN ANSELMO

APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE To: San Anselmo Town Council
Date*
I wish to apply for an
appointment to a term/balance*
Economic Development Committee
Name*
Home Address*
Occupation*
Employer's Address
Boards, Committees and Commissions Application - Submission #1866 Date Submitted: 5/1/2023
18 file:///C/Tyler_Scans/1866%20-%20Michael%20Fine%20-%20Economic%20Development%20Committee.htm[5/1/2023 1:39:25 PM] Home Phone*
Work Phone
Cell Phone
E-Mail*
Number of years as resident of San Anselmo*
Number of years as a resident in Marin*
Education Level Achieved*
19 file:///C/Tyler_Scans/1866%20-%20Michael%20Fine%20-%20Economic%20Development%20Committee.htm[5/1/2023 1:39:25 PM] College/University Degree (Major)
Name and phone numbers of three San Anselmo residents who can be contacted for referral information about me:

1.) Name* 1.) Phone*

2.) Name* 2.) Phone*

3.) Name* 3.) Phone*
YES
NO
I would be able to regularly attend the meetings of this Board/Commission/Committee.* YES
NO
I would be available to attend additional meetings when they are necessary.* YES
NO
I am familiar with the responsibilities and functions of this Board/Commission/Committee.* YES
NO
I have attended meetings of the Board/Commission/Committee as a member of the public.* List briefly, previous experience serving the public office, and/or civic commissions,boards, or committees.* 20 file:///C/Tyler_Scans/1866%20-%20Michael%20Fine%20-%20Economic%20Development%20Committee.htm[5/1/2023 1:39:25 PM] Reasons for this appointment.*
What are your qualifications for this appointment.*
Briefly, what do you consider to be the most important, one or two current issues facing this Board/Commission/Committee?* YES
NO
I understand that I and all other applicants will be personally interviewed by the Town Council as part of the selection process for this appointment. I also understand that my application material will be a public document and available on the Town's website. Sensitive materials that you don't wish to be posted on the website should not be included with the application.*
Other Boards/Commissions/Committees on which you would be interested in serving if not appointed to this seat?* None
You may attach personal resumes or other information which you believe would be helpful to the Council in its selection process. no file selected
Thank you for your interest in serving the Town of San
Anselmo and its citizens. For further information, please contact the Town Clerk, at [email protected] or 415-258-4660.
21 Item #: 1.1

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.1
MEETING DATE: May 23, 2023
AGENDA TITLE: Approval of the Draft Minutes of the Special Town Council Meeting of May 5, 2023
FROM: Serge Avila, Chief Town Clerk
RECOMMENDATION: For Council to consider the approval of the Draft Minutes of the Special Town Council meeting of May 5, 2023.

ATTACHMENT:

Attachment 1- May 5, 2023 Draft Minutes
22 1
1 2
3 San Anselmo Council Minutes
4 Special Meeting
5 Town Council Chambers
6 Friday, May 8, 2023
7 9:00 AM
8 9
10 1. Introductions, Welcome and Overview of the Day.
11 12 COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
13 Eileen Burke, Vice Mayor
14 Brian Colbert
15 Alexis Fineman
16 Tarrell Kullaway
17 18 STAFF MEMBERS PRESENT: Dave Donery, Town Manager
19 Megan H. Acevedo, Assistant Town Attorney
20 Heidi Scoble, Planning Director
21 Sean Condry, Public Works Director
22 Serge Avila, Town Clerk
23 Linda Kenton, Assistant Town Manager
24 Dannielle Mauk, Recreation Director
25 Hamid Khalili, Central Marin Police Captain
26 Dan Mahoney, RVFD Battalion Chief
27 28 Dave Donery, Town Manager, opened the meeting and announced that Mayor Burdo will be 29 arriving a few minutes late.
30 31 Mayor Burdo arrived at 9:08 AM.
32 33 2. Brief Review of Departmental Accomplishments
34 35 Dave Donery, Town Manager and Linda Kenton, Assistant Town Manager / Town Librarian 36 provided a review of Departmental Accomplishments.
37 38 3. Group Exercise
39 40 Linda Kenton, Assistant Town Manager / Town Librarian lead a group exercise Town Council 41 and staff participated in the group exercise.
42 43 4. Review of the proposed FY 2023-2025 Town Work Plan and Provide Direction to Staff 44 45 Dave Donery, Town Manager, provided a Power Point Presentation regarding the proposed FY 46 2023-2025 Town Work Plan and Council was able to provide direction to staff. 47 48 6.Review of the proposed FY 2023-2025 Measure J Expenditure Plan and Provide Direction to 49 Staff
50 51 Jeff Zuba, Finance and Administration Services Director, presented the report and a Power 52 Point Presentation slide was used. Sean Condry, Public Works Director, and Dave Donery, 53 Town Manager, also presented and were available to answer questions and provide comments. 54 The Town Council provided comments and recommendations to staff. 23 2
1 2 5. Break for Lunch
3 4 The Council and staff took a thirty-five-minute lunch break. Councilmember Burke left due to 5 work commitments.
6 7 Councilmember Kullaway, Colbert, Fineman, Mayor Burdo and staff reconvened in the Council 8 Chambers at 12:55 PM. to continue item 6. Review of the proposed FY 2023-2025 Measure J 9 Expenditure Plan and Provide Direction to Staff.
10 11 The Town Council had questions and provided comments and recommendations to staff. 12 13 7. Open time for Public Expression
14 15 There was no public comment.
16 17 8. Adjourn
18 19 Being no further business to conduct the special meeting was adjourned at 1:55 PM. 20 21 Respectfully submitted,
22 Serge Avila,
23 Chief Town Clerk
24 Item #: 1.2

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.2
MEETING DATE: May 23, 2023
AGENDA TITLE: Approval of the Draft Minutes of the Regular Town Council Meeting of May 9, 2023
FROM: Serge Avila, Chief Town Clerk
RECOMMENDATION: For Council to consider the approval of the Draft Minutes of the Regular Town Council meeting of May 9, 2023.

ATTACHMENT:

Attachment 1- May 9, 2023 Draft Minutes
25 1
1 2
3 San Anselmo Council Minutes
4 Regular Meeting
5 Town Council Chambers and via teleconference
6 Tuesday, May 9, 2023
7 8
9 10 Interviews for the Flood Committee- 6:30 p.m.
11 12 The Council interviewed Kathy Schaefer, Gerhard Epke, and Vlad Lojica. 13 14 Call to Order: Optional Pledge of Allegiance
15 16 COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
17 Eileen Burke, Vice Mayor
18 Brian Colbert
19 Alexis Fineman
20 Tarrell Kullaway
21 22 STAFF MEMBERS PRESENT: Dave Donery, Town Manager
23 Megan Acevedo, Town Attorney
24 Sean Condry, Public Works Director
25 Tom Batista, Engineer/Project Coordinator
26 Serge Avila, Town Clerk
27 28 Open Time for Public Expression
29 30 There were no comments.
31 32 Council requests for future agenda items; Committee liaison reports; questions and comments 33 to staff; miscellaneous items
34 35 Vice Mayor Burke reported she did not have any meetings the last couple of weeks; she wanted 36 the following placed on an upcoming agenda: A discussion about parking and Neighborhood 37 Permits in the downtown residential areas. Public Works Director Condry stated that was a 38 good idea but there should be separate discussions.
39 40 Councilmember Colbert reported he received several requests from residents about a 41 Proclamation declaring the first Friday in June as National Gun Violence Awareness Day; he 42 attended the Transportation Authority of Marin (TAM) meeting; a Safe Routes to Schools program review; there is a BPAC meeting scheduled for May 16th 43 ; attended an EDC meeting this morning; May 18th 44 is Bike to Work Day; there will be a First Responder EV Webinar on June 27th 45 ; he talked about the Marin Countywide EV Acceleration Strategy; SR 37 will be closed from 46 Saturday, May 20th at 3:00 a.m. to Sunday, May 21st at 11:00 a.m.; he attended Skate Fest at Memorial Park; was a judge at the 39th Annual Margie Burke Speech Tournament (6th, 7th 47 and 8th 48 graders); attended the “Night of the Poets” event at the Library. 49 50 Councilmember Fineman reported she attended the Special Meeting of the Climate Action 51 Commission; the Council Retreat; she would like to form a subcommittee regarding guidelines 52 and recommendations for the Active Transportation Fund. Town Attorney Acevedo stated the 53 Mayor could appoint an ad hoc subcommittee tonight or in the future. 54 26
2 1 Councilmember Kullaway reported she attended the Climate Action Commission meeting. 2 3 Mayor Burdo reported he attended Skate Fest and gave a shout-out to the Recreation 4 Department staff; the Ross Valley Fire Board will be meeting tomorrow night; the Flood Zone 9 5 meeting scheduled for Thursday night has been cancelled and not yet rescheduled; supported 6 the Proclamation mentioned by Councilmember Colbert; received a letter from the League of 7 California Cities urging the State Legislature to take action on fentanyl. 8 9 1. Consent Agenda
10 11 1.1 Approve the Draft Minutes of the Town Council Meeting- April 25, 2023 12 13 1.2 Update on Continuing Emergency Related to the Redwood Road Landslide and 14 Emergency Repair of Roadway
15 16 1.3 Adopted Resolution No. 4486 Establishing a Quorum Rule for Town Council-Created 17 Boards, Commissions, and Committees
18 19 1.4 Adopted Ordinance No. 1177 an Amendment to the San Anselmo Municipal Code adding 20 Chapter 9 “Gate Safeguards” to Title 9 “Building Regulations”. 21 22 1.5 Town of San Anselmo 2023/2024 Tax Rates for Municipal Services Tax (Adopted 23 Resolution No.4487), Pension Override Tax (Adopted Resolution No. 4488), Measure G 24 Debt Service Tax (Adopted Resolution No. 4489), Special Library Services Tax, and Ross 25 Valley Paramedic Authority Tax (Adopted Resolution No. 4490). 26 27 1.6 Approved of Resolution No.4491 Setting a Statement of Investment Policy for Fiscal Year 28 2023/24.
29 30 1.7 Report of Warrants Issued- April 2023.
31 32 1.8 CMPA National Night Out 2023- Community Event Application. 33 34 1.9 Consideration of The Farm Stand to Continue to Operate on the Town Hall Plaza. 35 36 1.10 Climate Action Update.
37 38 Mayor Burdo opened the meeting to public comments 39 40 There were no comments.
41 42 Mayor Burdo closed the meeting to public comments. 43 44 Councilmember Kullaway wanted to pull item #1.1 for discussion. 45 46 M/s, Burke/Fineman, Motion to approve Consent Calendar items #1.2 through #1.10. 47 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 48 49 1.1 Approve the Draft Minutes of the Town Council Meeting- April 25, 2023 50 51 Councilmember Kullaway made a correction to the April 25, 2023 minutes. 52 53 M/s, Burke/Colbert, Motion to approve Consent Calendar item #1.1 as amended. 54 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 27 3
1 Council Business Items
2 3 2.1 Consider Amendments to the Rules Governing the Use of Town Parks to Address the 4 Use of E-Bikes. This item is not considered a “project” under CEQA pursuant to California 5 Public Resources Code Section 21065
6 7 Town Manager Donery presented the staff report. Staff answered questions about how long it 8 would take and how much it would cost to add an additional path on the east side for bikes; if 9 the “sunrise and sundown” rule includes the paths; off-limits areas for regular bikes; if an e-bike 10 can be walked in areas where other bikes are allowed to be walked; how will they know if a bike 11 is motorized; are they trying to protect the community against teenage behaviors or the speed of 12 bikes; if the Town has an inclusive access plan; if the rules cover the small parks; the cost to 13 use decomposed granite to expand the pathway.
14 15 Mayor Burdo opened the meeting to public comments. 16 17 Mr. Mike Lucerio, Chair of the Parks and Recreation Commission, discussed the role of the 18 Commission and noted safety is their highest priority. The Commission discussed the issue of 19 ebikes in Memorial Park and received testimony that they create a safety issue. The 20 Commission voted unanimously to oppose the staff recommendation that ebikes be permitted 21 on the pathway from the Log Cabin to Sunny Hills Drive. They recommend that bikes be walked 22 on pathways and that staff research the re-introduction of ebikes into the park. 23 24 Darcy stated things have gotten better but there is still room for improvement. She is concerned 25 about opening up that pathway between the Log Cabin and Safeway. 26 27 Ms. Whitney Glassberg, Melville Avenue, stated the Parks and Recreation Commissions’ 28 recommendation to walk bikes in the park is appropriate. 29 30 Mayor Burdo closed the meeting to public comments. 31 32 Councilmember Fineman stated she would rather take the approach of using as fine a brush as 33 possible and providing Enforcement Officers the tools for effective enforcement and ticketing 34 when there is unsafe behavior. She supports the staff recommendation to reopen that section 35 to electric mobility devices, a 10 MPH speed limit throughout the park, posting radar signs on 36 the multi-use path, and opening up all the pathways to pedestrians at all hours.. 37 38 Vice Mayor Burke stated the problem was more than just speed since ebikes are heavier than a 39 regular bike. Posting a sign is not going to convince anyone to limit their speed. Safety should 40 be the ultimate goal. The path on the east side will not stop being a thoroughfare. She 41 supports a separate path, requiring that people walk ebikes until a separate path is created, and 42 the Commission recommendation that all bikes be walked in the park at this time. 43 44 Councilmember Kullaway was concerned about walking ebikes because they are heavier. They 45 do not want to slow people down since ebikes can be a quicker mode of transportation than 46 cars. She supported the staff recommendations and agreed they should codify the after-hours 47 walking through the pathway issue.
48 49 Councilmember Colbert stated this will be an ongoing conversation and they will not come up 50 with a solution tonight. Ebikes are a different “beast” and they should focus on turning existing infrastructure into 21 51 st Century’s multi-modality He supported opening up the path from the Log 52 Cabin to Red Hill. He thanked the Parks and Recreation Commission for being great stewards 53 of the park.
54 28
4 1 Mayor Burdo stated safety is first and foremost. Ebikes are here to stay and need to be 2 embraced but jamming bikes and pedestrians on an existing path is not a good idea. He 3 supported creating a separate path which would result in speed being less of an issue. 4 5 Councilmember Fineman was concerned about undertaking a project at a big expense and 6 finding out that people continue to pose safety hazards. This needs to be addressed. She 7 discussed other areas that have more urgent infrastructure needs. 8 9 M/s, Kullaway/Colbert, Motion to accept the staff recommendation with the language 10 proposed by Nate Kitterick and request that this issue come back to the Council for 11 review, Resolution No. 4492 was adopted.
12 AYES: Colbert, Fineman, Kullaway
13 NOES: Vice Mayor Burke, Mayor Burdo
14 15 2.2 Approve the Town of San Anselmo Stairs, Lanes, and Trails Program and Authorize 16 One-Time Funding for Trail Improvements and Allocate Annual Maintenance Funding 17 This item is categorically exempt from CEQA pursuant to Code Section 15301 18 19 Engineer Batista presented the staff report and a PowerPoint presentation. Staff answered 20 questions from the Council regarding whether staff has a sense of the maintenance cost; the 21 extent of encroachment of fences and how that will be addressed. 22 23 Mr. Brian Crawford, member of the Open Space Committee, stated he has worked on this 24 project for a number of years as a member of a subcommittee. The Town is in danger of losing 25 these stairs, lanes, and trails (SLT) from overgrown vegetation, homeowners building fences 26 across the trails, etc. He discussed the many virtues of these SLTs including serving as 27 evacuation routes. The final goal is to produce a map. 28 29 Mr. Jonathon Braun, Co-Chair of the Open Space Committee, talked about the extent of work 30 done on these SLTs over the years.
31 32 Mayor Burdo opened the meeting to public comments. 33 34 Mr. Stanley Radtke, Co-Chair of the Open Space Committee, stated they have invested a lot of 35 time and energy and have the “buy-in” from other committees in Town. He supported the 36 proposal.
37 38 Mayor Burdo closed the meeting to public comments. 39 40 M/s, Burke/Fineman, Motion to Approve the Town of San Anselmo Stairs, Lanes, and 41 Trails Program and Authorize One-Time Funding of $66,000 for Trail Improvements and 42 to discuss the Annual Maintenance Funding in the future. 43 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 44 45 2.3 Approval of Town Hall Roof and HVAC Replacement Project 46 This item is categorically exempt from CEQA pursuant to Code Section 15301 47 48 Project Coordinator, Bautista, presented the staff report, Public Works Director Condry was also 49 available to answer questions from the Council regarding whether the system would include the 50 Council Chambers.
51 52 Mayor Burdo opened the meeting to public comments. 53 54 There were no comments.
29 5
1 2 Mayor Burdo closed the meeting to public comments.
3 4 M/s, Burke/Kullaway, Motion to approve the Town Hall Roof and HVAC Replacement 5 Project and authorize staff to advertise with construction bids. 6 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 7 8 2.4 That the Town Council consider options related to the interview and appointment 9 processes for Town Boards, Committees, and Commissions and provide direction to staff 10 This item is not considered a “project” under CEQA pursuant to California Public 11 Resources Code Section 21065
12 13 Town Clerk Avila presented the staff report. There were no questions from the Council. 14 15 Mayor Burdo opened the meeting to public comments. 16 17 There were no comments.
18 19 Mayor Burdo closed the meeting to public comments. 20 21 Councilmember Colbert stated he did not see the need for the Council to interview incumbents if 22 there are no vacancies. The process should be more efficient and done on a quarterly basis. 23 24 Vice Mayor Burke agreed that incumbents do not need to be interviewed if there are no 25 vacancies. She supported Option 2- interview before one, and not both, of the monthly 26 meetings. Seats could remain unfilled if it is done quarterly. 27 28 Councilmember Fineman agreed with the idea of quarterly interviews and not interviewing 29 incumbents.
30 31 Councilmember Kullaway agreed with not interviewing incumbents. 32 33 Mayor Burdo agreed with not interviewing incumbents and supported the quarterly option. 34 Appointments to the Planning Commission should be done as soon as possible. 35 36 M/s, Colbert/Fineman, Motion to cease interviewing incumbents when there are no 37 additional candidates and that the Council hold quarterly interviews during a Special 38 Meeting which shall start no earlier than 6:00 p.m. before a Regular Council Meeting. It 39 will be left to staff’s discretion to schedule additional interviews with the consent of 40 Council.
41 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 42 43 2.5 Consider the reappointment of three (3) incumbent to the Flood Committee 44 This is exempt from environmental review under CEQA per California Public Resources 45 Code 15061
46 47 Mayor Burdo opened the meeting to public comments. 48 49 There were no comments.
50 51 Mayor Burdo closed the meeting to public comments. 52 53 M/s, Burke/Fineman, Motion to reappoint Kathy Schaefer, Gerhard Epke, and Vlad Lojica. 54 to the Flood Committee.
30 6
1 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo 2 3 M/s, Burke/Fineman, Motion to adjourn the meeting at 9:12 p.m. 4 5 Respectfully submitted,
6 7 Toni DeFrancis,
8 Recording Secretary
31 Item #: 1.3

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.3
MEETING DATE: May 23, 2023
AGENDA TITLE: Award of Construction Contract for the 2023 Street Rehabilitation Project
FROM: Department of Public Works
RECOMMENDATION: That the Town Council authorize the Town Manager to award the construction contract to the lowest responsible bidder.

SUMMARY
The Town Council approved the 2023 Street Rehabilitation Project at the March 28, 2023 meeting, and authorized staff to bid the project. The project includes paving the following street segments:

Jordan Avenue from Cottage Avenue to Southview Terrace
Amberwood Lane from Jordan Avenue to end
Hildale Drive from Carolina Avenue to Longview Avenue
Longview Avenue from Longview Avenue to Hilldale Drive
Ancho Vista Avenue from Red Hill Avenue to Sequoia Drive Park Way from Ancho Vista Avenue to 55 Park Way
Essex Avenue from Red Hill Avenue to end
Crescent Road from Raymond Avenue to Woodland Avenue
San Anselmo Avenue from Sir Francis Drake Boulevard to Morningside Drive Morningside Drive from Meadowcroft Drive to Broadmoor Avenue Tomahawk Drive from 99’ north of Indian Rock Road to end Palazzi Court from Ash Avenue to end

DISCUSSION/ANALYSIS
Staff advertised the project for construction, with a bid opening on May 11, 2023. Four bids were received that were all determined to be responsive. The Engineer’s Estimate was $1,000,000.

Bidder Bid Amount
Ghilotti Bros., Inc. $1,038,788
Ghilotti Construction, Inc. $1,057,079
32 Item #: 1.3
Team Ghilotti, Inc. $1,067,141
Maggiora & Ghilotti, Inc. $1,171,171
The bid from Ghilotti Bros., Inc was the lowest responsible bid.

Construction should start in July. With 30 working days, it is expected that construction would be completed by September.

Work will be done during daytime working hours, with one lane of traffic in each direction open at all times. There may be some short duration road closures during the grinding and paving operations. Staff will coordinate with property owners and businesses to minimize impacts from the work.

FISCAL IMPACT
The lowest responsible bid was 3.8% above the Engineer’s Estimate.

The project includes lowering/raising utility covers that will be reimbursed by the various utility companies ($58,300). The project also includes sidewalk/curb and gutter/tree work on Crescent Road that will be paid for by adjacent property owners ($118,300).

The project also includes paving on a non-Town maintained section of Ancho Vista Avenue that will be paid for by the fronting property owners.

Lowest Bid $ 1,038,788
Utility work <$ 58,300>
Concrete work <$ 118,300>
Ancho Vista paving <$ 29,864>
Town portion $ 832,324
Construction contingency $ 85,000
Construction management $ 40,000
Total $ 957,324
The total budget for the construction phase of the project (construction plus construction management and contingency) is estimated to be $957,324 and will be included in the Town’s 2023/2024 Budget and Work Plan, using funding from the Road Maintenance Fund, TAM Measure AA funds ($305,328), SB1 funds ($315,826) and Measure D and Measure J funds.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves maintenance of existing streets, will not create additional automobile lanes and involves negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code 33 Item #: 1.3
Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.

As with any paving project, the Town follows our Complete Streets Policy and ensures consistency with the Bicycle and Pedestrian Master Plan, which aims to improve the street not just for vehicular traffic, but for pedestrians and bicyclists as well as transit.

New and modified curb ramps and enhanced crosswalks improve pedestrian safety, and improved pavement condition makes conditions safer for bicyclists. (Climate Action Plan 2030 Transportation Measures T-2 Bicycling and T-3 Walking).

ATTACHMENTS
Attachment 1- Map of 2023 Pavement Rehabilitation Project 34 35
Item #: 1.4

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.4
MEETING DATE: May 23, 2023
AGENDA TITLE: Award of Construction Contract for the 2023 Slurry Seal Project.

FROM: Department of Public Works
RECOMMENDATION: That the Town Council authorize the Town Manager to award the construction contract to the lowest responsible bidder.

SUMMARY
The Town Council approved the 2023 Slurry Seal Project at the March 28, 2023 meeting, and authorized staff to bid the project. The project includes slurry sealing and restriping the following street segments:

Residential Streets
Agatha Court from Saunders Avenue to end
Berlin Avenue from Saunders Avenue to Brennfleck Avenue Brennfleck Avenue from Karl Avenue to Berlin Avenue
Karl Avenue from Saunders Avenue to end
Creek Road – all
Glen Road from Forest Avenue to Creek Road
Forest Avenue from San Anselmo Avenue to Fairfax Town Limits Pasadena Avenue from Santa Barbara Avenue to Miwok Drive Miwok Drive from Pasadena Avenue to end
Tomahawk Drive from Indian Rock Road to 99’ north
Blackhawk Drive from Tomahawk Drive to Miwok Drive
Elkhorn Way from Tomahawk Drive to Miwok Drive
Indian Rock Road from Broadmoor Avenue to Tomahawk Drive Durham Road from Santa Barbara Avenue to end
Sunview Avenue from Broadmoor Avenue to Berkeley Avenue Berkeley Avenue from Broadmoor Avenue to end
Toyon Drive from Berkeley Avenue to Sunview Avenue
Broadmoor Avenue from Brookside Drive to Indian Rock Road Woodland Avenue from Cedar Street to Sunnyside Avenue
Olive Avenue from Redwood Road to 290’south
36 Item #: 1.4
Island Drive – Tamal Vista Avenue to Town Limit
Arterial and Collector Streets:

Sir Francis Drake Boulevard from the Hub to Tamal Avenue/San Francisco Boulevard Center Boulevard from Sycamore Avenue/San Anselmo Avenue to Fairfax Town Limit

BACKGROUND
In August 2019, the Town Council approved the 5-Year Capital Improvement Program (CIP) that included a preventative maintenance component. Preventative maintenance includes crack sealing and slurry sealing that is performed on a street or road that is in good condition to extend the life of the pavement. The Pavement Condition Index (PCI) is a rating from 1 to 100 that is based on an inspection of a road for several pavement distresses. Slurry seal is typically applied to streets with a PCI between 70 and 90.

Slurry seal typically costs about 1/10 of the cost to repave a street. Ideally, a newly paved street will be slurry sealed every 5 to 7 years (up to three times), then allowed to deteriorate to a PCI of 55 or 65, followed by a thin pavement overlay. Without a sufficient budget, most agencies don’t have the luxury of repaving a street with a 65 PCI when portions of the network are in much worse condition. One of the best ways to increase the ‘bang for the buck’ of a pavement network is to inexpensively slurry seal the streets in good condition to increase their life, while simultaneously focusing on fixing the more expensive streets with pavement overlays or reconstruction.

Bidder Bid Amount
Pavement Coatings Co. $ 479,343.45
Doolittle Construction $ 567,567.00
VSS International $ 626,543.21
Dryco Construction $ 719,253.50
The bid from Pavement Coatings Co. was the lowest responsible bid.

Construction should start in July. With 30 working days, it is expected that construction would be completed by September.

The work on Sir Francis Drake Boulevard, Center Boulevard, and Forest Avenue/Creek Road/Glen Road is proposed to be done at night to minimize traffic delays. Work on other residential streets will require the street to be closed between 8 am and 5 pm.

Residents will be notified of the project schedule at least two weeks in advance of the work. Staff will coordinate with property owners and businesses to minimize impacts from the work.
37 Item #: 1.4

FISCAL IMPACT
The lowest responsible bid was 4.1% below the Engineer’s Estimate. The project includes work on Center Boulevard in the Town of Fairfax, which will be reimbursed (approximately $17,011). The total budget for the construction phase of the project (construction plus construction management and contingency) is estimated to be $527,322 and will be included in the Town’s 2023/2024 Budget and Work Plan, using funding from the Road Maintenance Fund and Measure D/Measure J funds.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Town finds this project to be categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 Class 1, because it involves maintenance of existing streets, will not create additional automobile lanes and involves negligible or no expansion of use. (14 Cal. Code Regs. § 15301). None of the exceptions to this Class 1 categorical exemption apply in this instance (14 Cal. Code Regs. § 15300.2). Specifically, successive projects of the same type in the same location will not cause significant cumulative impacts, as there are no successive projects planned at this time. There are no unusual circumstances presented by this project and the project will not result in damage to scenic resources within a designated state scenic highway. Finally, the project will not cause a substantial adverse change in the significance of a historical resource, as no historical resources will be impacted.

The improved roadway surface will maintain rideability for bicyclists, and refreshed striping will improve safety for all users. Enhanced crosswalks will improve pedestrian safety. (Climate Action Plan 2030 Transportation Measures T-2 Bicycling and T-3 Walking).

ATTACHMENTS
Attachment 1- Map of Slurry Seal streets
38 39
Item #: 1.5

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.5
MEETING DATE: May 23, 2023
AGENDA TITLE: Senate Bill 1 (SB1) Gas Tax Funding Project List FROM: Public Works Department
RECOMMENDATION: That the Town Council adopt the attached Resolution approving the 2023-2024 Senate Bill 1 (SB1) Project List to be included in the Fiscal Year 2023-2024 Budget for roadway improvements.

BACKGROUND
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), an increase in vehicle registration fees along with per-gallon gas and diesel tax increases. The tax rates will also be adjusted for inflation in the future.

Distribution of funds to San Anselmo will follow the apportionment formula used for the current gas tax. Funding will be available for basic road maintenance, rehabilitation and critical safety projects on local streets and roads. SB1 requires annual project reporting, which includes submittal of a list of proposed projects (Project List) that is adopted by Resolution by the Town Council. The Project List must include a description and location of the project, a proposed schedule of completion and an estimated useful life of the improvement. The 2023/2024 Fiscal Year (FY) Project List is due to the California Transportation Commission by July 1, 2023. Project Expenditure Reports are due December 1.

In addition, the Town is also required to sustain a Measure of Effort (MOE) by spending at least the annual average of its General Fund expenditures during Fiscal Years 2009/2010, 2010/2011, and 2011/2012. ($730,759 average per year). The current Town budget reflects a MOE of above this level.

The funding from SB1 will supplement the existing funding sources for this paving project. The Project List includes the street expected to be paved in summer/fall 2023 as part of 2023 Street Rehabilitation Project.

Project Title: 2023 Street Rehabilitation Project
40 Item #: 1.5
Project Description: Road resurfacing, including complete streets elements
Project Location: Jordan Avenue – Cottage Avenue to Southview Terrace Amberwood Lane – Jordan Avenue to end
Hilldale Drive – Carolina Avenue to Longview Avenue
Ancho Vista Avenue – Red Hill Avenue to Sequoia Drive
Park Way – Ancho Vista Avenue to 55 Park Way
Essex Avenue – Red Hill Avenue to end
Crescent Road - Raymond Avenue to Woodland Avenue
San Anselmo Avenue – Sir Francis Drake Blvd to
Morningside Dr
Morningside Drive – Meadowcroft Drive to Broadmoor
Avenue
Tomahawk Drive – 99’ north of Indian Rock Road to end
Palazzi Court – Ash Avenue to end
Estimated Project Schedule: Start (06/23)– Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years

DISCUSSION/ANALYSIS
Per Town Council Resolution 4020, Complete Streets analysis will be done to determine if any pedestrian, bicyclist or transit improvements are necessary.

If the Town Council adopts the attached Resolution approving the Project List, the proposed list of street paving projects (2023 Street Rehabilitation Project) will be included in the FY 2023-2024 Town Budget.

FISCAL IMPACT
The revenue to be distributed to San Anselmo is expected to be approximately $315,826 in FY 2023/2024. The remaining project budget has been included in the Road Maintenance Fund, Measure AA and Measure D/Measure J Fund for FY 2023/2024.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Adoption of the proposed resolution is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 because the resolution allocates a portion of the funds for a paving project that will not create additional automobile lanes nor result in an expansion of use. (14 Cal. Code Regs. § 15301(c). 41 Item #: 1.5

ATTACHMENTS
Attachment 1- Resolution
42 Item #: 1.5 – Attachment 1
Item #: 1.5 – Attachment 1
RESOLUTION NO. ______

RESOLUTION OF THE SAN ANSELMO TOWN COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABLILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town of San Anselmo must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the Town of San Anselmo, will receive an estimated $315,826 in RMRA funding in Fiscal Year 2023/24 from SB 1; and
WHEREAS, this is the seventh year in which the Town of San Anselmo is receiving SB 1 funding and will enable the Town of San Anselmo to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town of San Anselmo has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the Town of San Anselmo used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate several streets throughout the Town this year and other streets into the future; and.

WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in an “AT-RISK” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “GOOD to EXCELLENT” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads 43 Item #: 1.5 – Attachment 1
Item #: 1.5 – Attachment 1
infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, THE TOWN COUNCIL HEREBY RESOLVES:

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2023 Street Rehabilitation Project
Project Description: Road resurfacing, including complete streets elements Project Location: Jordan Avenue – Cottage Avenue to Southview Terrace Amberwood Lane – Jordan Avenue to end
Hilldale Drive – Carolina Avenue to Longview Avenue
Ancho Vista Avenue – Red Hill Avenue to Sequoia Drive
Park Way – Ancho Vista Avenue to 55 Park Way
Essex Avenue – Red Hill Avenue to end
Crescent Road - Raymond Avenue to Woodland Avenue
San Anselmo Avenue – Sir Francis Drake Blvd to Morningside Dr Morningside Drive – Meadowcroft Drive to Broadmoor Avenue Tomahawk Drive – 99’ north of Indian Rock Road to end
Palazzi Court – Ash Avenue to end
Estimated Project Schedule: Start (07/23)– Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Section 3.

GAS TAX FUND
The budget will include the following:

Transfers Out Transfers to Road Maintenance fund by
$315,826 to fund SB 1 eligible projects.

ROAD MAINTAINANCE FUND
The budget will include the following:

Transfers In: $315,826 Transfer in from Gas Tax Fund.

Expenditure Budget: Budget $315,826 for SB 1 funded projects. 44 Item #: 1.5 – Attachment 1
Item #: 1.5 – Attachment 1
Section 4.

Environmental Analysis. Adoption of this resolution is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301, because the resolution allocates a portion of the funds for a paving project that will not create additional automobile lanes nor result in an expansion of use. (14 Cal. Code Regs. § 15301(c).

RESOLUTION PASSED AND ADOPTED, at the regular meeting of the San Anselmo Town Council on the 23rd day of May, 2023, by the following vote:

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember:

____________________________
Steve Burdo
MAYOR
ATTEST:
________________________

SERGE AVILA

TOWN CLERK
45 Item #: 1.5 – Attachment 1
46 Item #: 1.6

STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.6
MEETING DATE: May 23, 2023
AGENDA TITLE: Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint
Powers Agreement County of Marin (“Zero Waste
Marin”)
FROM: David Donery, Town Manager

RECOMMENDATION
Authorize the Town Manager to sign the amendment to the 1996 Revised Hazardous and Solid Waste Joint Powers Agreement (“Zero Waste Marin”)

BACKGROUND
The County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon entered into an agreement in 1993 to create a Hazardous and Solid Waste Joint Powers Authority (JPA) to work together on the mandates set forth in AB 939. The agreement was amended in 1995 and restated in 1996. Since then, it has been the foundational guide for the JPA.

DISCUSSION/ANALYSIS
Currently, staff is updating the JPA Agreement to include the following three administrative changes:
1) Certified Unified Program Agency
The County of Marin is, by state law, responsible for management of programs in the Certified Unified Program Agency (CUPA) which includes the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program, and the Tiered Permit On-Site Treatment Program. Prior to 2006, the City of San Rafael managed its own CUPA. This is now the sole responsibility of the County of Marin and is reflected in this administrative update with changes to Preamble A, page 1 and Article 3, section 3.3 Member Programs.
47 Item #: 1.6
2) Integrated Waste Management Plan
California state law mandates that all cities, counties, and approved regional solid waste management agencies are responsible for enacting integrated waste management plans (IWMP) and implementing programs to divert solid waste from landfills. In addition, state law mandates that a local task force be formed to advise the JPA Board on waste-related matters to ensure compliance with the IWMP. The original passage in Preamble D was amended to add language to ensure we have a qualified technical task force to serve as an advisory group to the JPA Board.
3) Article 18 Designated Entity
This Article was added as an administrative change to state that County laws shall apply to the JPA pursuant to Government Code 6509.

FISCAL IMPACT
None

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The approval of this item is not a “project” under the California Environmental Quality Act, because 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).

ATTACHMENTS
A. Original signed 1996 agreement
B. Redlined 1996 agreement
C. Amendment to the 1996 Agreement
D. San Rafael CUPA to County 2006
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REVISED HAZARDOUS AND SOLID WASTE

JOINT POWERS AGREEMENT

COUNTY OF MARIN
This Agreement is entered into this 1st day of July, 1996 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin.

PREAMBLE
The principal objectives of the agencies signatory to this agreement are as follows:

A. Scope of the Agreement. The principal responsibilities of the new Authority, established by this Agreement, are to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code.

Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program, Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The County will administer these programs for the County, Cities and Towns.

Operation of a household hazardous waste collection program is also managed by state law. The County, the Cities and Towns will establish a local program that is available to their residents.

B. Limiting Membership in the Authority. Membership in the Authority will be limited to the County, the Cities and Towns. The districts included under the previous agreement are not signatories to this agreement and will not serve in any governing role.

Representatives of the districts would continue to be included on the AB 939 Local Task Force.

C. Governing Structure. The day-to-day administration of the Authority will be vested with an Executive Committee responsible to the Board of Directors for the administration and management of Authority affairs. The Executive Committee will be comprised of the Chair and Vice Chair of the governing Board plus three Board members from the County, the City of San Rafael and the City of Novato.

The Board of Directors shall be comprised of one representative for each member agency. 66 Item 1.6- Attachment 2
Item 1.6- Attachment 2
The Board member may be a member of the agency’s City/Town Council or Board of Supervisors or the agency’s staff.

A majority of the members of the Board of Directors will constitute a quorum for purposes of conducting business, and a majority of a quorum will be authorized to act on behalf of the Authority.

D. AB 939 Local Task Force. The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement.

If a conflict between this preamble and the specifications contained in Article 1 through Article 17 is presented, it is the intent of this Agreement that the Articles are to be considered determinative.

ARTICLE 1: FACTS AND DECLARTAIONS
Solid Waste Management
WHEREAS, Sections 40900 to 43000 of the State Public Resources Code requires the County and each of its Cities to prepare, adopt, and implement source reduction and recycling elements and requires the County to prepare a county-wide siting element and a county integrated waste management plan; and
WHEREAS, the County, Cities, and Towns believe it would be to their mutual advantage and the public benefit to coordinate their power and authority to implement integrated waste management programs which meet the waste management requirements of State law; and Hazardous Waste Management
WHEREAS, Government Code Section 66780.8 and Health and Safety Code Section 25135 through 25135.8 establishes a planning process and requirements for the preparation, adoption, amendment, administration, and enforcement of County hazardous waste management plans: and Existing Solid Waste Management System
WHEREAS, an effective system of solid waste collection, recycling, diversion and disposal currently exists within the county involving franchised waste haulers. 67 Item 1.6- Attachment 2
Item 1.6- Attachment 2
Role of Districts
WHEREAS, the Sanitary Districts of Almonte, Alto, Homestead Valley, Las Gallinas, Novato, and Ross Valley, and the Community Service Districts of Marin City and Tamalpais, and the Bolinas Community Public Utility District, and the Strawberry Recreation District and the Stinson Beach County Water District (hereafter collectively referred to as the "Districts") play a role in the regulation of the existing solid waste management system and will continue to exercise responsibilities in the effort to fully comply with State solid waste diversion goals; and WHEREAS, the County, Cities and Towns acting through this Agreement intend to strengthen the existing solid waste management system in the operation and development of future waste management activities; and
Joint Planning and Implementation
WHEREAS, the County, Cities and Towns believe that many of the programs and facilities described in the above mentioned elements and plans will be both long-term and most costeffectively provided on a multi-jurisdictional or county-wide basis; and WHEREAS, the County, Cities and Towns believe that a separate, special purpose agency responsible for, and capable of, preparation, adoption, revision, amendment, administration, and enforcement of the Marin County Integrated Waste Management Plan and, the Marin County Hazardous Waste Management Plan (hereafter referred to as the "Plans"), and planning, financing, implementing, managing, and maintaining of the related programs would be most cost-effective on a County-wide basis; and
WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) provides for joint action by two or more public agencies, and Public Resources Code section 41823 authorizes a city or county or agency formed under a joint exercise of powers agreement for the purpose of preparing and implementing source reduction and recycling elements on a countywide integrated waste management plan; and WHEREAS, it is the intent of the contracting agencies to utilize these statutory authorizations in this Agreement; and
68 Item 1.6- Attachment 2
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Public Involvement
WHEREAS, the County, Cities and Towns intend to encourage ongoing community involvement in the development and implementation of future solid and hazardous waste activities by utilizing an AB 939 Task Force, advisory committees, community meetings, and other similar mechanisms to obtain public participation in these activities; and Legislation and Markets
WHEREAS, the County, Cities and Towns intend to actively promote markets for recycled materials and advocate legislation which furthers the reduce, reuse, recycle hierarchy; and Promoting Cost Effective Programs
WHEREAS, in the planning and implementation of countywide programs, the County, Cities and Towns intend to give particular attention to the cost-effectiveness of programs; and Sharing Of Costs In An Equitable Manner
WHEREAS, it is the intent of the County, Cities and Towns that costs for planning and implementing solid and hazardous waste programs will be based on a fair and equitable allocation system that considers previous investments of each member, the relative benefits to each member and the actual cost of service; and
NOW, THEREFORE, the Agencies agree as follows:

ARTICLE 2: DEFINITIONS
Certain words as used in this Agreement shall be defined as follows:

A. "Agencies" shall mean the County, Cities and Towns.

B. "Agreement" shall mean this agreement that establishes the County of Marin Hazardous and Solid Waste Joint Powers Authority.
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C. "Authority" shall mean the County of Marin Hazardous and Solid Waste Joint Powers Authority.

D. "Board" shall mean the governing body of the County of Marin Hazardous and Solid Waste Joint Powers Authority.

E. "County" shall mean the County of Marin.

F. "Cities" shall mean the cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito.

G. "Towns" shall mean the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon.

H. "Executive Committee" shall mean the committee composed of the Chair and Vice-Chair of the Governing Board plus three additional members of the Governing Board as appointed by the Governing Board.

I. "Hazardous Waste Facility" shall mean a facility which includes all contiguous land and structures used for the handling, treating, recycling, storing or disposing of hazardous wastes.

J. "Members" shall mean the County, Cities or Towns which are signatories to this Agreement.

K. "Quorum" shall mean a majority of the Board Members.

ARTICLE 3: PURPOSE

3.1 Purpose of Agreement
The purpose of this Agreement is to establish a public entity separate from the County and each of the Cities and Towns. This public entity is to be known as the County of Marin Hazardous and Solid Waste Joint Powers Authority (hereafter referred to as the "Authority").

3.2 Purpose of Authority
The purpose of the Authority shall be to comply with Sections 40900 to 43000 of the Public Resources Code, Section 66780.8 of the Government Code and Health and Safety Code Sections 25135 through 25135.8.
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a. Prepare, adopt, revise, amend, administer and enforce hazardous waste and solid waste plans.
b. Plan, finance, implement, manage and/or monitor multi-jurisdictional or county-wide programs and facilities related to the plans.
c. And other new requirements imposed on the member agencies by future acts of the State or Federal Government as agreed by the member agencies.

ARTICLE 4: CREATION OF MARIN COUNTY

WASTE MANAGEMENT AUTHORITY

4.1 Creation of Authority
There is hereby created by the County, Cities and Towns of Marin the Marin County Hazardous and Solid Waste Management Authority to exercise in the manner set forth in this Agreement the powers common to each of the Agencies.

4.2 Separate Entity
The Authority shall be a public entity separate from the Agencies. Pursuant to Government Code Section 6503.5, notice of the Agreement shall be filed with the Secretary of State within 30 days of this Agreement’s effective date. Pursuant to Government Section 6508.1 the debts, liabilities and obligations of the Authority shall not constitute the debts, liabilities or obligations of any parties to the Agreement.

ARTICLE 5: POWERS OF THE AUTHORITY

5.1 General Powers
The Authority shall have any and all powers authorized by law to the parties and may:
a. Prepare, adopt, revise, amend, administer and enforce the provisions of the Plans; b. Evaluate and recommend programs designed to achieve compliance with AB 939 in a cost effective manner,
c. Implement those programs for member agencies that choose to participate under section

6.2 of this Agreement;
d. Advise the members on issues related to regional hazardous and solid waste facilities and programs;
e. Advocate the interests of the members related to regional hazardous and solid waste facilities and programs with local, state and federal officials; f. Plan for regional hazardous and solid waste facilities and programs; g. Develop regional hazardous and solid waste programs; 71 Item 1.6- Attachment 2
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h. Develop markets for the reuse of recyclable materials; i. Contract for the operation of regional hazardous and solid waste facilities and programs; j. Regulate rates of regional hazardous and solid waste facilities and programs; k. Advise on matters of hazardous and solid waste rates and charges.

Nothing in this Agreement shall be construed to authorize franchise of solid waste collection.

5.2 Specific Powers
In carrying out its general powers granted pursuant to the statutes noted in Section 5 .1, the Authority is hereby authorized to perform all acts necessary for the exercise of said powers which may include but are not limited to the following:
a. Adopt ordinances and resolutions,
b. Monitor performance,
c. Make and enter into contracts,
d. Apply for and accept grants, advances, and contributions, e. Employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary,
f. Conduct studies,
g. Acquire, hold or dispose of property,
h. Sue and be sued in its own name,
i. Appoint and retain legal counsel as necessary to fulfill its powers, duties and responsibilities under this Agreement
j. Incur debts, liabilities or obligations subject to limitations herein set forth, k. Levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the Agreement or law applies,
l. To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement,
m. Issue bonds, subject to the provisions and limitations of the Government Code of the State of California,
n. Adopt annually, by July 1 of each fiscal year, an annual workplan and corresponding budget setting forth all administrative, operational and capital expenses for the Authority, and
o. Implement the programs authorized in Article 6, and
p. Indemnify the member agencies pursuant to Article 10.

5.3 By-Laws
The Board may adopt from time to time such policies, procedures, by-laws, rules or regulations for the conduct of its affairs as may be required.
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ARTICLE 6: PROGRAMS OF THE AUTHORITY

6.1 Basic Programs of the Authority
It is agreed that the following functions will form the basic minimum programs to be undertaken by the Authority on behalf of all of the member agencies. a. Administration. Administrative functions of the Authority as related to this section. b. Planning. Preparation, amendment, administration and monitoring of the county-wide portions of the AB939 plans. This includes: the Source Reduction and Recycling Element, the Household Hazardous Waste Element, the Solid Waste Facility Siting Element, the Non-Disposal Facility Element and the Countywide Integrated Waste Management Plan.
c. Monitoring and Reporting. Comply with the requirements of the various identified statutes to maintain and report on efforts to meet the waste diversion goals of State law. d. Compliance Review. Develop, evaluate and recommend various programs designed to bring about compliance with AB 939 requirements for member agencies that choose to participate under section 6.2.
e. Legislation. Track legislation pertaining to hazardous and solid waste issues and recommend position statements to the Board of Directors.

6.2 Agency Election to Participate in Authority Programs Except for the basic programs listed in Section 6. l above, member agencies may, by formal action of their governing boards, choose whether or not they wish to participate in and fund programs to be developed by the Authority.

6.3 Contract with County and/or Others
The Authority intends to contract with the County and others to perform the programs as listed in Section 3 .2, "Purpose of Authority" and the "Basic Programs" of the Authority listed in Section

6.1. of this Agreement.

ARTICLE 7: ORGANIZATION OF AUTHORITY

7.1 Members
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a. The County, Cities and Towns may enter into this Agreement by July 1, 1996. b. The County, and any City or Town may be considered for membership in the Authority after July 1, 1996, by presenting an adopted resolution to the Board which includes a request to become a member of the Authority and Board and upon a majority affirmative vote of a quorum of the Board accepting the County, City or Town and upon payment of any charges and upon satisfaction of any conditions established by the Board as a prerequisite for membership.

7.2 Board
a. The Authority shall be governed by the "Board" which shall exercise all powers and authority on behalf of the Authority.
b. The Board shall consist of one member of the governing body or the chief administrative officer of the County and each of the Cities and Towns which are party to this Agreement. Upon execution of this Agreement, the governing body of the County and each of the Cities and Towns shall appoint its member of the Board and another member to serve as an alternate to the Board, to serve in the absence of the regular member. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate shall be by action of the governing body of the appointing agency.
c. A majority of the members of the Board shall constitute a quorum for the transaction of business. The Authority shall act upon majority vote of those in attendance, each member having one vote, of the members of the Board.
d. The Board shall elect by majority vote, from its members, a Chair and Vice Chair. The Chair shall represent the Authority and execute any contracts and other documents when required by the Rules of Procedure and/or By-Laws. The Vice-Chair shall serve in the absence of the Chair.

7.3 Executive Committee
a. The Executive Committee shall be responsible to the Board for the administration and management of Authority affairs, for the provision of assistance and advice to the Board. b. The Executive Committee shall be composed of the Chair and Vice-Chair plus three other members of the Governing Board elected by the Board. Three of the committee members must be from the County, San Rafael, and Novato. One representative shall be selected by the Southern Marin cities of Sausalito, Tiburon, Belvedere and Mill Valley.

One representative shall be selected by the Ross Valley cities of Ross, San Anselmo, Fairfax, Larkspur and Corte Madera.
c. Three members of the Executive Committee shall constitute a quorum for the transaction of business. No action shall be taken by the Executive Committee except upon a majority affirmative vote of the quorum (each member having one vote) of the members of the Executive Committee.
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d. Members shall serve two-year terms and may be reappointed.

7.4 Additional Committees
a. The member agencies shall establish an AB 939 Local Task Force whose composition, duties and authority are described in Public Resource Code Section 40950. The Task Force so established shall be advisory to the Governing Board established under this Agreement.
b. The AB 939 Local Task Force shall include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved.in the regulation and disposal of waste, and five public representatives appointed by the member agencies serving on the Executive Committee established under this Agreement.
c. In addition to the Executive Committee and an AB 939 Local Task Force, the Board may from time to time establish additional committees to carry out Authority purposes, and appoint committee members from the Board, the legislative bodies or administration of member agencies, Authority staff, and/or staff of the member agencies. The Board may also establish and appoint members to citizen's advisory committees as deemed appropriate.
d. To the extent practical, the Board shall appoint members to committees in such a manner as to encourage the broadest possible participation of the member agencies.

ARTICLE 8: MEETINGS AND REPORTS

8.1 Board Meetings
a. The Board shall hold at least one (1) regular meeting each year as determined by the bylaws. b. Special meetings of the Board may be called in accordance with the provision of Section 54956 of the California Government Code.
c. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et. seq. of the California Government Code), and other applicable laws of the State of California requiring notice be given of meetings of public bodies. d. Minutes of all Board meetings will be kept and shall, as soon as possible after each meeting, be forwarded to each member and alternate member of the Board. e. The Chair of the Board shall cause correspondence to be prepared and delivered as directed by the Board.
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f. The public agency with whom the Authority contracts with to provide services shall be the keeper of the official records of the Authority.

8.2 Executive Committee Meetings
a. The Executive Committee shall hold at least one (1) meeting each quarter. b. Special meetings of the Executive Committee may be called by the Chair, or by a majority of the members of the Executive Committee or at the direction of the Board. c. Minutes of all Executive Committee meetings will be kept and shall, as soon as possible after each meeting, be forwarded to members of the committee and to each member and alternate member of the Board.

8.3 Other Committee Meetings
a. Other Committee's shall hold meetings as may be called by the Committee Chair, or a majority of the members.
b. Minutes of all meetings will be kept and forwarded to members of the committee and to each member and alternate of the Board.

8.4 Progress Reports
At least annually, a report on the progress toward achieving the diversion goals of state law shall be prepared and distributed to members of the Governing Board.

ARTICLE 9: FUNDING

9.1 Authority Budget
The Board shall adopt an annual budget for the Authority's activities within ninety (90) days of the effective date of this Agreement and by June l of each succeeding year. Public funds may not be disbursed by the Authority without adoption of the approved budget and all receipts and disbursements shall be in strict accordance with the approved budget. The budget shall identify the programs of the Authority and allocate funds by program. The budget and accounting system shall account for direct and overhead costs by program. The Board shall allocate these costs for each program with the adoption of the annual budget.

9.2 Funding of the Authority
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Item 1.6- Attachment 2
The Authority has the need and legal authority to levy fees and charges for programs, services and permits. The Authority is authorized to levy fees for only those programs identified in Section 6.1. Basic Programs of the Authority, and Section 6.2, Agency Election to Participate in Authority Programs. The funding for programs identified in Section 6.1 should be as specified in Section 9.2.B. The Authority is also authorized to levy fees and charges for administrative activities, permits and programs with independent funding. a. The Basic Programs of the Authority defined in Section 6.1 shall be funded as follows and adjusted annually as may be needed to fund the Basic Programs. i. A fee shall be charged directly to every franchised solid waste hauler in Marin County. The fee shall be based on a rate per ton of solid waste collected and disposed based on the 1994 disposed tonnages listed on Exhibit A attached to this Agreement. Exhibit A shall be amended within ninety (90) days after a member agency approves a new franchise and a fee shall be established in a manner determined by the Executive Committee. The base year will be adjusted every two years starting in July 1, 1998 based on the most recent state certified tonnages. The fee is to be paid in two equal payments due July 30 and January 30 of each year.
ii. A fee shall be charged at all permitted landfills in Marin County to all nonfranchised haulers. The fee shall be based on a rate per ton for all tons of waste disposed at the landfill. The landfills shall forward these fees collected on a monthly basis.
b. The Authority is authorized to establish additional programs as defined in Section 6.2 with the approval of the Board of Directors and the individual Authority members participating in any such additional programs. The funding mechanism for any additional programs shall be developed as a component of every additional program and must have approval by the Board of Directors and each member agency participating in any additional program. A..11 costs including overhead or administration of any additional program shall not be charged to the Basic Programs.
c. The Authority may charge fees to the extent allowed by law for administrative services rendered to the public or any member agencies such as, but not limited to, copying, processing fees, legal costs, preparation of reports, etc. The Authority may also charge to the extent allowed below for programs intended to be fully cost covering, such as permit fees, applications, EIRs, educational materials, such as decals and pamphlets, monitoring of any programs, permits or application approvals. All fees under this Section shall be approved by the Board of Directors in conjunction with the annual adoption of this Authority's budget.

9.3 Duties of Treasurer
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a. The Board shall appoint a Treasurer from among the senior management staff of the member agencies. The Treasurer shall be either the County Auditor/Controller, or the Treasurer Tax Collector or the Finance Director of one of the members. b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code section 6505.The books and records of the Authority shall be open to inspection at all reasonable times to the County, Cities, and Towns and their representatives.
c. The Treasurer, within ninety (90) days after the close of each fiscal year (which shall be from July l to June 30), shall give a complete written report of all financial activities for such fiscal year to the County, Cities, and Towns.
d. The Treasurer shall prepare such financial reports as may be directed by the Board or Executive Committee.
e. The Treasurer shall cause an independent annual audit of the accounts and records to be conducted by a certified public accountant in compliance with the requirements of section 6505 of the Government Code and generally accepted auditing standards.

9.4 Debts and Liabilities
No debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Agency and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto may agree.

9.5 Disposition of Authority Funds Upon Termination
a. In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations, Authority funds, including any interest earned on deposits remaining upon termination of the Authority and after payment of all obligations shall be transferred to the successor public entity. b. If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be provided in proportion to the contribution of each agency's ratepayers contributed during the term of this Agreement. Any such Authority funds received in this manner shall be used to defray the Agency's cost of hazardous and solid waste management programs or facilities.
c. If there is a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and member agencies.
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d. In the event the Authority is terminated under circumstances falling with (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to member agencies or any successor shall be final.

9.6 Financial Liability of Member Agencies
In the event of a default by the Authority, the member agencies shall be liable for the Authority's debts in a proportion equal to the contribution of each agency's ratepayers to the funding of the Authority.

ARTICLE 10: INDEMNIFICATION
The Authority shall acquire such insurance protection as is necessary to protect the interest of the Authority, the County, Cities, Towns and the public. The Authority created by this Agreement shall assume the defense of and indemnify and save harmless the County, Cities, Towns and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement.

ARTICLE 11: EFFECTIVE DATE
This Agreement shall become effective when two-thirds (2/3) of the Cities, Towns and the County execute the Agreement, but not before July 1, 1996.

ARTICLE 12: TERMINATION
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This Agreement may be terminated by the Board upon notice of withdrawal being received from a majority of the member agencies. Upon termination, payment of the obligations and division of the property of the Authority shall be conducted pursuant to Section 9.5 of Article 9 of this Agreement.

ARTICLE 13: AMENDMENTS
This Agreement may be amended only upon the two-thirds (2/3) affirmative vote of the Board.

ARTICLE 14: WITHDRAWAL
Any City, Town, or the County may withdraw from this Agreement effective July 1st of any year upon ninety (90) days, prior to the end of the fiscal year, written notice to the Authority. Upon withdrawal, a City, Town, or the County retains its financial obligations for current contracts executed to fulfill this Agreement, assumes responsibility for its obligations under AB 939, and assumes that responsibility at its own expense.

ARTICLE 15: SEVERABILITY
If any provision of this Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected.

ARTICLE 16: NOTICES
All notices to Agencies shall be deemed to have been given when mailed to the governing body of each agency.

ARTICLE 17: AGREEMENT COMPLETE
The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 80 Item 1.6- Attachment 2
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto.

ARTICLE 18: DESIGNATED ENTITY
This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties.

Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect.

This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto.
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EXHIBIT A.
1994 DISPOSAL
TOTAL
TONS
1994 DISPOSAL (TONS)
Franchised Haulers Garbage & Debris
SelfHaul Commercial
Bay Cities 11,193 N/A N/A 11,193
Fairfax 4,158 N/A N/A 4,158
Marin Sanitary 53,007 N/A N/A 53,007
Mill Valley Refuse 28,074 N/A N/A 28,074
Novato Disposal 33,272 N/A N/A 33,272
San Anselmo 7,271 N/A N/A 7,271
Shoreline 6,742 N/A N/A 6,742
Tam CSD 2,321 N/A N/A 2,321
Total Franchised Hauler 146038 N/A N/A 146038
Facilities
Landfills
West Marin 1,755 3,879 5,634
Redwood 7,747 15,220 22,967
Total Landfills 9,502 19,099 28,601
MSS Transfer Station 3,722 3,722
Marin Resources Recovery 18,582 6,214 24,796
TOTALS 146038 28,084 25,313 203,157
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Last Revised 4/6/2023 Item 1.6- Attachment 3

AMENDMENT TO REVISED HAZARDOUS

AND SOLID WASTE JOINT POWERS

AGREEMENT COUNTY OF MARIN
This AMENDMENT, is entered into this __ day of ____, 2023 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), and the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities and Towns"), which are all within the County of Marin.

WITNESSETH:

WHEREAS, County, Cities and Towns entered into a Revised Hazardous and Solid Waste Joint Powers Agreement (“Agreement”) dated July 1, 1996 for the mutual exercise of certain functions to meet the goals of the Source Reduction and Recycling Element mandated by State Public Resources Code Sections 40900 to 43000 and the adoption and implementation of the Household Hazardous Waste Element required by Sections 25135 to 25135.8 of the Health and Safety Code; and WHEREAS, effective June 30, 2023, the City of San Rafael desires to terminate its agreement to operate the Household Hazardous Waste program on behalf of the Marin County Hazardous and Solid Waste Management Joint Powers Authority; and WHEREAS, the parties seek to make amendments to the Agreement to clarify the Agreement terms.

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby amend the Agreement as follows:
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Last Revised 4/6/2023 Item 1.6- Attachment 3

1. The Second Paragraph of Section A of the Preamble (Scope of the Agreement) is hereby amended and restated in its entirety and shall hereafter be and read as follows:

Responsibilities for programs in the Certified Unified Program Agency (CUPA), which include the Hazardous Materials Business Plan Program, Risk Management and Prevention Plan Program,
Aboveground Storage Tank Program, Underground Storage Tank Program, the Hazardous Waste Generator Program and the Tiered Permit On-Site Treatment Program, are to be managed as provided for by state law. The County will administer these programs for the County, Cities and Towns.

2. Section D of the Preamble (AB 939 Local Task Force) is hereby amended and shall hereafter be and read as follows:

The Board will establish and be advised by an AB 939 Local Task Force, whose composition, duties, and authority are specified in Public Resources Code Section 40950. The Task Force will include at least two representatives of waste haulers, one representative of an environmental organization, two representatives of special districts involved in the regulation and disposal of waste, and five public representatives with technical expertise in solid waste, recycling and organics management appointed by the member agencies serving on the Executive Committee established in this Agreement.

3. Article 18 is added to the Agreement as follows:

ARTICLE 18: DESIGNATED ENTITY
Except as otherwise permitted by law, and pursuant to Government Code section 6509, the parties hereby designate that the JPA shall be subject to the restrictions upon the manner of exercising its powers that are applicable to the County.
85 Item 1.6- Attachment 3
Last Revised 4/6/2023 Item 1.6- Attachment 3

4. This Amendment shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties.

5. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement not specifically modified, amended or superseded herein remain unchanged and in full force and effect.

6. This Amendment may be executed in any number of counterparts, each of which will be entitled to be the original and all of which will constitute one and the same agreement.

COUNTY OF MARIN
Date: ________________ Title: _________________ Signature: _________________________

CITY OF BELVEDERE
Date: ________________ Title: _________________ Signature: _________________________

CITY OF LARKSPUR
Date: ________________ Title: _________________ Signature: _________________________

CITY OF MILL VALLEY
Date: ________________ Title: _________________ Signature: _________________________

CITY OF NOVATO
Date: ________________ Title: _________________ Signature: _________________________

CITY OF SAN RAFAEL
Date: ________________ Title: _________________ Signature: _________________________

CITY OF SAUSALITO
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF CORTE MADERA
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF FAIRFAX
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF ROSS
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF SAN ANSELMO
Date: ________________ Title: _________________ Signature: _________________________

TOWN OF TIBURON
Date: ________________ Title: _________________ Signature: _________________________ 87 Item 1.6- Attachment 4
Item 1.6- Attachment 4
88 Item 1.6- Attachment 4
Item 1.6- Attachment 4
89 Item 1.6- Attachment 4
Item 1.6- Attachment 4
90 Item #: 1.7

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.7
MEETING DATE: May 23, 2023
AGENDA TITLE: Consider Adopting a Resolution Declaring June 2023 LGBTQ Pride Month and Directing Staff to Fly the
Rainbow Flag Throughout the Month of June at Town
Hall
RECOMMENDATION: Adopt Resolution Declaring June 2023 LGBTQ Pride Month and Directing Staff to Fly the Rainbow Flag Throughout the Month of June at Town Hall

BACKGROUND
Pride Month is an annual month-long celebration of the LGBTQ community, currently observed in the month of June. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual, and transgender individuals have had on local, national, and international history.

At the June 8, 2021 Town Council meeting, the Town Council directed staff to bring forth on an annual basis an agenda item that would allow the Town of San Anselmo to further show support for Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) Pride Month by flying the Rainbow Flag during the month of June.

DISCUSSION/ANALYSIS
Under the government speech doctrine, the Town may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the Town does not show religious preference, encourage a certain vote in an election or otherwise violate the law.

This request originated from a Councilmember and subsequently by the full Council, and not by a third-party request, staff has determined that the flying of the Rainbow Flag on a Town Hall flagpole would be considered government speech and is consistent with the flagpole policy approved by Resolution No. 4392. Staff therefore seeks Council approval to fly the Pride Flag for the full length of Pride Month in 2023. 91 Item #: 1.7

FISCAL IMPACT
None

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because 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).

ATTACHMENTS
Attachment 1- Draft Resolution
92 Item 1.7- Attachment 1
Item 1.7- Attachment 1
RESOLUTION NO. XXXX

RESOLUTION OF THE SAN ANSELMO TOWN COUNCIL

DECLARING JUNE LGBTQ PRIDE MONTH AND DIRECTING STAFF TO FLY THE

RAINBOW FLAG THROUGHOUT THE MONTH OF JUNE AT TOWN HALL
WHEREAS, the Town of San Anselmo has a diverse Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) community and is committed to supporting visibility, dignity, and equity for all people in the community; and
WHEREAS, many of the residents, students, employees, and business owners within the Town of San Anselmo who contribute to the enrichment of our Town are part of the LGBTQ community; and
WHEREAS, June has become a symbolic month in which LGBTQ persons, and supporters, come together in various celebrations of pride; and WHEREAS, cities across the United States recognize and celebrate June as LGBTQ Pride month; and
WHEREAS, the Town of San Anselmo feels it remains important to communicate its support for inclusivity, equality and respect in our City, and desires to recognize and celebrate June as LGBTQ Pride month; and
WHEREAS, the Town of San Anselmo strives to be a place where all residents and visitors feel accepted and welcome; and
WHEREAS, the Rainbow Flag, also known as the LGBTQ Pride Flag or Gay Pride Flag, has been used since the 1970s as a symbol of LGBTQ pride and social movements; and WHEREAS, flying the Town’s Rainbow Pride Flag at Town Hall throughout the month of June further symbolizes San Anselmo’s official recognition of June as LGBTQ Pride month, reflects the Town of San Anselmo’s viewpoint, and symbolizes the City’s celebration of diversity and support for the LGBTQ community; and
WHEREAS, under the government speech doctrine, the Town may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the Town does not show religious preference or encourage a certain vote in an election; and WHEREAS, this request has originated from a request made by a seated Councilmember, 93 Item 1.7- Attachment 1
Item 1.7- Attachment 1
and subsequently by the full Council, and is consistent with the flagpole policy.

NOW, THEREFORE, the Town Council does resolve as follows:

Section 1.

The Town Council hereby declares the month of June as LGBTQ Pride Month in the Town of San Anselmo and directs staff to fly the Rainbow Pride Flag on a flagpole at Town Hall throughout the month of June.

Section 2.

This resolution shall take effect immediately upon its adoption.

RESOLUTION PASSED AND ADOPTED, at the regular meeting of the San Anselmo Town Council on the 23rd day of May, 2023, by the following vote:

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember:

____________________________

STEVE BURDO
MAYOR
ATTEST:
________________________

SERGE AVILA

TOWN CLERK
94 Item #: 1.8

STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.8
MEETING DATE: 5/23/23
AGENDA TITLE: Consideration of Special Event Application -San Anselmo Arts Commission’s Beatles in the Park
Fundraiser 2023
FROM: Mattie O’Grady – Recreation Supervisor
RECOMMENDATION: That Council approve the San Anselmo Art Commission’s application for “Beatles In The Park Tribute” fundraiser scheduled for July 29th, 2023, in Creek Park.

BACKGROUND
This will be the 19th annual Beatles Tribute concert this year. The proceeds from this event help fund Arts Commission projects throughout the year, including the scholarship program, Utility Box Public Art Project, and other partnered projects.

DISCUSSION/ANALYSIS
The annual Beatles Tribute is a ticketed event and attracts an average attendance of 1200 people. Due to the closure of the plaza, the Arts Commission is capping event attendance at 800 this year. This year the Arts Commission will not be hosting beverage or food concession booths at the event, and instead will be encouraging attendees to support local restaurants. This event will be independent of the San Anselmo Live on the Avenue series.

The Arts Commission must manage the event garbage by hauling out or contacting Marin Sanitary. The attached application provides details of the event with comments and conditions from Town staff.

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

GENERAL PLAN CONSISTENCY
None
95 Item #: 1.8

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The proposed project 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).

ATTACHMENTS
Attachment 1- Event Application
96 San Anselmo Arts Commission
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Item 1.8- Attachment 1
97 Item 1.8- Attachment 1
Item 1.8- Attachment 1
98 Item 1.8- Attachment 1
Item 1.8- Attachment 1
99 Item 1.8- Attachment 1
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Item #: 1.9

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.9
MEETING DATE: May 23, 2023
AGENDA TITLE: Renewal of Community Development Block Grant Cooperation Agreement
FROM: Serge Avila, Town Clerk
RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute, on behalf of the Town, a Community Development Block Grant Cooperation Agreement with the County of Marin.

BACKGROUND
The Community Development Block Grant Program (CDBG) provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facility, and human service programs serving lower-income people.

HOME (Investment Partnerships Program) provides additional assistance for housing activities. Marin County qualifies for these programs because the cities and towns have signed cooperation agreements to participate with the County government in a single joint countywide program. This qualifies Marin County as a HUD “urban county,” enabling Marin to receive annual CDBG and HOME grant allocations established by formula.

In 2014, all eleven Marin cities/towns entered into three-year CDBG Cooperation Agreements enabling to obtain formula funds as an urban county. On May 26, 2020 the Council approved the renewal of the Cooperation Agreement to remain eligible to receive funds for the next three fiscal years.

DISCUSSION/ANALYSIS
The 2023 First Amendment to the Cooperation Agreement with County’s minor changes to the language as required to comply with the latest HUD guidelines for the urban county qualification is attached. The Town Council can choose to opt out of the Cooperation Agreement and discontinue participation by notifying County staff and the HUD Field Office via letter by June 12, 2023.
101
Item #: 1.9

FISCAL IMPACT
None

ATTACHMENTS
Attachment 1- Draft Resolution
Attachment 2- 1st Amendment to the Cooperation Agreement 2023 Attachment 3- Notification Letter to City Managers
Attachment 4- May 26, 2020 Executed Cooperation Agreement 102
Item 1.9- Attachment 1
Item 1.9- Attachment 1
RESOLUTION NO. XXXX

RESOLUTION OF THE SAN ANSELMO TOWN COUNCIL

AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO

THE COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS WHEREAS, it is mutually desired by the Town of San Anselmo and the County of Marin that they may enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community renewal and lower income housing assistance activities; and
WHEREAS, as a result of the Cooperation Agreement between the Marin cities and towns and the County of Marin, Marin has received over $79 Million in CDBG and HOME funding for housing and community facilities and public service projects benefitting lower income persons since 1975.

NOW THEREFORE IT IS HEREBY RESOLVED that the Town Council of the Town of San Anselmo approves and authorizes the Mayor, on behalf of the Town, to execute a three-year First Amendment to the Cooperation Agreement with the County of Marin for the Community Development Block Grant Program, the HOME Investment Partnerships Program and the Emergency Solutions Grants Program. The three-year period shall be for the federal Fiscal Years 204, 2025, 2026.

BE IT FURTHER RESOLVED, that the Town hereby adopts the policies included in the First Amendment to the Cooperation Agreement.

I, Serge Avila, Town Clerk of the Town of San Anselmo, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Town Council of said Town held on the 23rd day of May, 2023 by the following vote:
by the following vote:

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember:

____________________________

STEVE BURDO
MAYOR
ATTEST:
________________________

SERGE AVILA

TOWN CLERK
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FIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF

MARIN AND TOWN OF SAN ANSELMO FOR A COMMUNITY DEVELOPMENT PROGRAM This FIRST AMENDMENT (“First Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and Town of San Anselmo, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about May 26, 2020 (“Cooperation Agreement”), is hereby entered into between the Parties, effective July 25, 2023.

The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S.

Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02.

Accordingly, the County of Marin and the City hereby agree as follows:

1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows:

County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, affirmatively furthering fair housing and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR

5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws.

Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county’s actions to comply with the county’s fair housing certification shall be prohibited. The City must also sign the assurances and certifications in the HUD 424- B, attached hereto.

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Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503.

County, City, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.

2. Amendment to Fiscal Year References. All references in the Cooperation Agreement to “federal fiscal years 2021, 2022, and 2023” are hereby amended to refer to “federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026.”

3. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect.

4. Authority to Execute Amendment. The person signing on behalf of the Town of San Anselmo certifies to the County that he/she/they has the authority to execute this First Amendment, and that execution of this First Amendment on behalf of the City is in accord with all City processes for obtaining such signature. The person executing this First Amendment on behalf of the City recognizes that the County will rely on this certification in order to procure funds from HUD for use by the City.

IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written.

COUNTY OF MARIN TOWN OF SAN ANSELMO
By: By:

Stephanie Moulton-Peters, President
Board of Supervisors Mayor
ATTEST: ATTEST:

Deputy Clerk of the Board Clerk
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MASTER FORM APPROVED AS TO FORM:

Brandon Halter
Deputy County Counsel
County of Marin
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Form HUD 424-B (1/27/2023)
Applicant and Recipient
Assurances and Certifications
U.S. Department of Housing
and Urban Development
OMB Number: 2510-0017
Expiration Date: 1/31/2026
Instructions for the HUD 424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39.

By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct.

As the duly representative of the applicant, I certify that the applicant: [Insert below the Name and title of the Authorized Representative, name of Organization and the date of
signature]:
*Authorized Representative Name:
*Title:
*Applicant/Recipient Organization:

1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non-Federal share of program costs) to plan, manage and complete the program as
described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the application to act in connection with the application and to provide any additional information as may be required.

2. Will administer the grant in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000(d)) and
implementing regulations (24 CFR part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a
Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301-1303).

3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
amended, and implementing regulations at 24 CFR part 8, the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing regulations at 28 CFR part 35 or 36, as applicable, and the Age Discrimination Act of 1975 (42
U.S.C. 6101-07) as amended, and implementing regulations at 24 CFR part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity that receives Federal financial
assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.

4. Will comply with the Fair Housing Act (42 U.S.C. 3601- 19), as amended, and the implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion sex (including gender identity and sexual orientation), disability, familial status, or national origin and will affirmatively further fair housing; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program
authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.

5. Will comply with all applicable Federal nondiscrimination requirements, including those listed at 24 CFR §§ 5.105(a) and 5.106 as applicable.

6. Will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) and implementing regulations at 49 CFR part 24 and, as applicable, Section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d))
and implementing regulations at 24 CFR part 42, subpart A.

7. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and related Federal authorities prior to the commitment or expenditure of funds for property.

8. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification.

If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard FormLLL, Disclosure Form to Report Lobbying. I certify that I shall require all subawards at all tiers (including sub-grants and contracts) to similarly certify and disclose accordingly.

Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federallyrecognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage by the Byrd Amendment, but State-recognized Indian tribes and
TDHs established under State law are not excluded from the statute’s coverage.

I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct.

WARNING: Anyone who knowingly submits a false claim
or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802).
* Signature:
* Date: (mm/dd/yyyy):

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Form HUD 424-B (1/27/2023)
Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7th St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD-424B forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program.

This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552).

Item 1.9- Attachment 2
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Sarah Bernstein Jones

DIRECTOR
Leelee Thomas

DEPUTY DIRECTOR
Marin County Civic Center
3501 Civic Center Drive
Suite 308
San Rafael, CA 94903
415 473 6269 T
415 473 7880 F
415 473 2255 TTY
www.marincounty.org/plan

C O M M U N I T Y D E V E L O P M E N T A G E N C Y
............................................................................................................. HOUSING AND FEDERAL GRANTS DIVISION ..........

M E M O R A N D U M
TO: City Managers
FROM: Leelee Thomas, Deputy Director
SUBJECT: Renewal of Community Development Block Grant (CDBG) Cooperation Agreements
DATE: May 5, 2023
The Community Development Block Grant Program (CDBG) provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facilities, and public service programs serving lower-income people. The Home Investment Partnerships Program (HOME) provides additional assistance for affordable housing activities.

These programs, totaling over $79 million in funding for Marin County since 1975, have been uniquely effective because they combine a steady stream of federal funding with local control over funding criteria and project selection. All Marin County cities and towns have signed cooperation agreements to participate with the County government in a single joint countywide program.

This qualifies Marin County as an “urban county” under HUD, enabling Marin to receive annual CDBG and HOME grant allocations by formula.

In 2020, all the cities and towns in Marin renewed their three-year Cooperation Agreements with the County for federal fiscal years 2021-2023.

In order to continue the unified CDBG and HOME programs for fiscal years 2024-26, we are asking all jurisdictions to renew their Cooperation Agreements by formally executing the provided Amendment by June 30, 2023. Failure to renew means that your jurisdiction will be considered part of the urban county for fiscal years 2024-2026.

In the Amendment to the Cooperation Agreement, County Staff made minor changes to the language as required to comply with the latest HUD guidelines for the urban county qualification. The draft Amendment is provided with this letter. To continue to receive maximum CDBG and HOME funding, it is crucial that all the cities and towns in Marin renew their commitment.

If you choose to execute the Amendment and remain with the urban county, please note the following:
• You are ineligible to apply for grants under the State CDBG program while you are part of the urban county;
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PG. 2 OF 3 • If the urban county receives HOME and/or Emergency Solutions Grants (ESG), you may only receive a formula allocation under the HOME and ESG programs as a part of the urban county, although this does not preclude you from applying to the State for HOME and ESG funds, if the State allows.

If you choose to opt out of the Cooperation Agreement and therefore discontinue your jurisdiction’s participation in the urban county, you must notify County Staff and the HUD Field Office via letter by June 12, 2023. If you opt out by this date, your exclusion from the urban county will be effective for federal fiscal years 2024-26 unless you specifically elect to be included in a subsequent year for the remainder of the urban county's three-year qualification period. Failure to respond to this notification by June 12 means that your jurisdiction will be considered part of the urban county for fiscal years 2024-2026.

Additionally, if you wish to continue participating in the CDBG and HOME programs, your jurisdiction must take the following steps:
☐ The Council passes a formal resolution to approve and authorize the Mayor to execute, on behalf of the City, a three-year Community Development Block Grant Cooperation Agreement with the County of Marin. For your convenience, a sample resolution is included with this memo.
☐ The Mayor signs 3 copies of the Amendment to the Cooperation Agreement – an original signature is required on each copy. HUD will not accept digital signatures or signature stamps. Each copy should be certified by the Clerk.
☐ The Mayor signs 3 copies of HUD Form 424-B – an original signature is required on each copy. You may retain one copy for your records.
☐ By Friday, June 30, mail these documents to County staff:
☐ 3 signed copies of the Amendment to the Cooperation
Agreement,
☐ 2 signed copies of HUD Form 424-B, and
☐ 1 certified copy of the resolution authorizing execution of the Amendment.

Mailing address:

Leelee Thomas, Federal Grants Division
Marin County Community Development Agency
3501 Civic Center Drive, Room 308
San Rafael, CA 94903
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Item #: 1.10

STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.10
MEETING DATE: May 23, 2023
AGENDA TITLE: Adoption of 2023-24 and 2024-25 Measure J Expenditure Plan
FROM: Dave Donery, Town Manager
Sean Condry, Public Works Director
Jeff Zuba, Finance & Admin Services Director
RECOMMENDATION: That the Town Council approve the 2023-24 and 2024-25 Measure J expenditure plan.

BACKGROUND
On July 26, 2022, the Town Council approved a resolution and proposed ordinance calling an election held on November 8, 2022, and submitting to the voters an ordinance enacting a one percent transaction and use tax for general purposes for a period of nine years.

The voters approved the ordinance in the November 8, 2022, election. The sales tax took effect on April 1, 2023, and is being collected by the California Department of Tax and Fee Administration
Although Measure J is a general tax and funds are not required to be dedicated to a specific use, the Council discussed a statement of intent on expenditures to outline, generally, how the Council intends to spend the tax proceeds at the June 28, 2022, Town Council meeting.

As per the Town Council’s Statement of Intent on Expenditures for Measure J, the Council intends to use the funding in the following ways:
 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
 Improving and maintaining Town parks
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Additionally, confronting escalating climate challenges was also included in the Official Argument in Favor of Measure J as another potential option.

The 2013 Measure D general sales tax focused on road maintenance and improvement.

Although roads will remain a focus with Measure J, there are several other potential uses that the Town Council discussed for the general sales tax.

Road Maintenance
As roads remain a focal point of the general sales tax, staff anticipates a portion of Measure J being allocated to road maintenance each year, with the remaining forecasted funds being assigned to a project or category. If a larger project becomes a priority, the general sales tax could be saved as was done with the Town’s Measure A Park funds which were set aside for several years until there was enough funding in place to complete the Memorial Park playing fields. An additional consideration is staff bandwidth. Staff will endeavor to create a plan that does not only meet the goals of the Town Council but is realistic for staff.

The Finance & Administrative Services Director will create a separate fund in the financial system called Measure J Sales Tax Fund with the anticipation that sales tax revenue received will be recorded here. For tracking and transparency purposes, all the expenditures related to Measure J-funded projects will also be recorded in this fund. At the end of the fiscal year, if monies are assigned to a specific project by the Town Council that has yet to be completed, those funds can be assigned to that project via the Fund Balance classifications.

On April 6, 2023, the Infrastructure and Fiscal Monitoring Committee (IFMC) reviewed the staff’s preliminary 2023-2024 Measure J allocation. The report for the committee was prepared before the March 28, 2023, Town Council meeting where the County of Marin Public Works Department presented the status and future of Building Bridge 2(BB2). As the Town learned that repairing BB2 was not going to be an option, staff and IFMC discussed the state of the Town’s infrastructure and areas of need. The IFMC provided staff direction to allocate the 10% from BB2, 7% to buildings, and 3% to parks with no further changes to the draft allocation for 2023-24.

The Measure J allocation plan was introduced at the April 11, 2023, Town Council meeting providing a summary of the types of methods that could be used to allocate the funds. Those methods were to allocate a percentage of the sales tax to each of the Town Council’s identified areas of need, or it could be through the creation of a project list where funds could be assigned.

The Town Council reviewed and discussed the 2023-24 and 2024-25 Measure J allocation plan at their May 5, 2023 retreat. Staff’s recommendation for the allocation plan utilized a hybrid approach between scheduling percentages towards a specific category along with funding high-priority projects each year. After discussion and 117
Item #: 1.10
deliberation, the Town Council reached a consensus on the two-year spending plan shown below.

The lower lawn renovation at Robson House did not make the list of recommended projects for Measure J, but there was Town Council consensus to use General Fund reserves to complete the project.
2023-24 2024-25
Road Infrastructure 1,457,220 1,318,000
Active Transportation 161,913 131,800
Fire Department
Station 19 Repairs 50,000 55,000
Drought/Climate/Solar
Resilient Hub 353,357 269,040
EV Infrastructure/EV Vehicle 70,000 70,000
Well Water Development 30,000 30,000
Parks
Remove Robson Carriage House 125,000 125,000
Robson Harrington Outdoor Restroom 65,000 60,000
Millennium Playground Remodel 50,000 50,000
Memorial Park Renovations 175,000 175,000
Buildings
Robson House Interior Restroom 50,000 50,000
ADA access at Robson House 50,000 50,000
Repair/Repainting ICC 135,000 140,000
Visa Room Improvements 30,000 30,000
Bridges 96,000 95,000
BB2 324,000
3,222,490 2,648,840
Measure J Allocation Plan
Town of San Anselmo
Total
118
Item #: 1.10

FISCAL IMPACT
There is no fiscal impact in connection with the approval of this Measure J allocation plan. Town Council’s ultimate decision regarding the use of the Measure J funds will positively impact the Town of San Anselmo and the community. Each project will be discussed in conjunction with the Capital Improvement Plan and each project will also be brought back to the Council for approval.

GENERAL PLAN CONSISTENCY
Not applicable

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s discussion and approval of this report is not a “project” under the California Environmental Quality Act, because 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).
119
Item # 1.11
Item # 1.11
MEETING DATE: May 23, 2023
AGENDA TITLE: Final Approval of 2023-25 Work Plan Priorities FROM: Linda M. Kenton, Assistant Town Manager and
David Donery, Town Manager
RECOMMENDATION: Approve 2023-25 Work Plan Priorities

BACKGROUND
Town staff presents work plan priorities to Town Council, biennially in Spring, in concert with the upcoming budget. The development of work plan priorities or goals in previous years had included retreats with Council and staff, public meetings that involved presentations/activities and online surveys designed to solicit ideas and provide input from San Anselmo residents. Work plan priorities are developed to span a two-year cycle. This allows for improved long-term planning and completion of larger projects.

The final FY 2021-23 work plan priorities progress report was presented to Town Council on December 13, 2022.

The current FY 2023-25 work plan priorities and approval timeline were introduced to Council at their April 25 meeting. Potential additions to the proposed work plan priorities were solicited for inclusion in the final plan.

DISCUSSION/ANALYSIS
The Town Council reviewed and discussed the FY 2023-25 work plan priorities at their May 5, 2023 retreat. In addition, eight Council submissions were received and these were considered for adding to the plan. Two were accepted by Council for inclusion.

The final work plan priorities are organized by department in Attachment 1 and by category in Attachment 2.

Conclusion
Staff seeks final Council approval for the 2023-25 work plan priorities. The work plan priorities will be included in the Town’s annual budget.

FISCAL IMPACT
Impact varies by department and project.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s discussion of this item is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the 120
Item # 1.11
Item # 1.11
potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

ATTACHMENTS
Attachment 1- FINAL Work Plan Priorities by Department – FY 2023-25 Attachment 2- FINAL Work Plan Priorities by Category – FY2023-25 121
DRAFT—2023-25 Priorities Work Plan
Finance/Admin Services Workplan
1) Category: Investing in People
Priority: Town-wide compensation study
Description: Conduct a Town-wide compensation study. The goal in reviewing employee compensation is to benchmark the Town’s salaries with the goal of providing competitive compensation to comparable local municipalities to assist in recruitment and retention of talented employees. Become Employer of Choice.

Staff Impact: Moderate
Fiscal Impact: TBD
2) Category: Excelling in Town Services
Priority: Update Town’s Investment Policy
Description: Update the existing Investment Policy (1997) to reflect best practices and to ensure compliance with federal, state, and applicable laws and regulations.

Staff Impact: Low
Fiscal Impact: None
3) Category: Investing in People
Priority: Implement Ready Set Audit Results for Human Resources Description: An audit of the Town’s rules, policies, ordinances, and other areas was conducted by Ready Set to assure that they are fair, equitable and completely bias free.

As part of that audit, HR wants to implement new recruiting strategies to be sure that we are reaching all potential candidates.

Staff Impact: Moderate
Fiscal Impact: Low
4) Category: Investing in People
Priority: Employee Trainings (Lunch & Learn)
Description: Develop a Lunch and Learn program, a joint lunch for their employees to encourage learning, foster building strong relationships, and enhancing professional development. Lunch and Learn events offer opportunities for coworkers to share ideas and discuss issues in a relaxed atmosphere.

Staff Impact: Low
Fiscal Impact: Low
5) Category: Excelling in Town Services
Priority: Update Fee Study
Description: A review of the fee study is needed to ensure that the Town’s fees are updated to reflect the latest cost information. The study will identify the full costs of providing each service, including direct, indirect, and overhead costs. Identifying the full 122
DRAFT--FY2023-25 Priorities Work Plan
2 cost of a services will assist in determining the appropriate fee for each service and prevent the subsidization of individual services with taxpayer dollars.

Staff Impact: Low
Fiscal Impact: Low
6) Category: Connecting with the Community
Priority: Town telephone system
Description: Update the current Town phone system from an analog system to allow for increased efficiency and usability. Voicemails can be integrated into the email system to allow for better response capabilities and customer service.

Staff Impact: Low
Fiscal Impact: Moderate
7) Category: Excelling in Town Services
Priority: Update Finance/Payroll/HR Systems
Description: Review the options for a change in Town’s software to a cloud-based system more suited for a smaller local municipality.

Staff Impact: Moderate
Fiscal Impact: Moderate
8) Category: Connecting with the Community
Priority: Implement Online Records Management Program
Description: Through an RFP process, retain services of an online records retention service for the purposes of providing efficient access to Town records for both staff and the public.

Staff Impact: Moderate/High
Fiscal Impact: Moderate
Library – Department Work Plan Priorities
1) Category: Quality Facilities
Priority: Improved shelving for special collections
Description: Instead of holding special collections such as Take and Make Kits, memory kits out of public view, providing shelving in public area for better marketing and access.

Employee Impact: Moderate
Fiscal Impact: Depends on the plan and shelving found to meet needs of collections. 2) Category: Livability and Quality of Life, Connecting with the Community Priority: Reimagine the Take and Make Kits collection
Description: This popular collection has expanded beyond the limits of “take and make” and needs to be reevaluated and rebranded for expansion. 123
DRAFT--FY2023-25 Priorities Work Plan
3 Employee Impact: Moderate
Fiscal Impact: Low
3) Category: Quality Facilities
Priority: Study the organization of physical public space Description: Enlist the services of a consultant to help redesign the public library space.

Employee Impact: High
Fiscal Impact: High
4) Category: Quality Facilities
Priority: Implement plan designed by consultant to redesign public library space Description: Hire contractors, identify equipment/furniture, and execute plan Employee Impact: High
Fiscal Impact: High
5) Category: Quality Facilities
Priority: Study the organization of physical staff workspace on lower level and implement recommendations.

Description: Enlist the services of a consultant to help redesign the public library staff workroom space.

Employee Impact: High
Fiscal Impact: High
6) Category: Excelling in Town Services
Priority: Complete implementation of RFID project
Description: Items have been tagged and staff has been using RFID pads and other equipment. Next steps in roll-out include peripherals to support the use of the technology and training patrons to use RFID enabled tools for checking out materials.

Employee Impact: High
Fiscal Impact: Moderate-High
7) Category: Livability and Quality of Life
Priority: Establish Zip Books program
Description: Organize and deploy zip books program, grant funded by the CA state library, to deliver books, unavailable in the local library system, to residents’ homes via Amazon
Employee Impact: Moderate-High
Fiscal Impact: Low
124
DRAFT--FY2023-25 Priorities Work Plan
4 Interdepartmental—Library and Public Works
8) Category: Quality Facilities
Priority: Repaint/Repair internal building, museum, and Council Chamber lobby areas Description: There are many areas in need of repair where chunks of wall have eroded or chipped away. There are innumerable scuffs and scratches throughout the building which need to be cleaned up and walls improved with fresh paint.

Employee Impact: Moderate
Fiscal Impact: High
Planning—Department Work Plan Priorities
1) Category: Investing in people
Priority: Onboard new Planner
Description: Hire and train a new planner to provide current planning activities such processing land use permits, assisting the public over the phone, via email, and at the counter
Employee Impact: Moderate
Fiscal Impact: High.
2) Category: Planning for the Future
Priority: Comprehensive General Plan Update, including the Circulation Update Description: Begin the comprehensive General Plan Update of the 1988 current General Plan. Will update all elements of the General Plan (exception of the Housing Element and Safety Element) and include new optional element, such as Environmental Justice and Economic Development.

Employee Impact: Moderate to High
Fiscal Impact: High. Aspects of update can be offset by staff, but CEQA Analysis and technical aspects of the General Plan Update will need to be prepared by a consultant. 3) Category: Planning for the Future
Priority: Housing Element Implementation
Description: Implement at least 22 Housing Policy Action Items as required by the Housing Element
Employee Impact: Low to Moderate
Fiscal Impact: Low
4) Category:

Priority: Continue to Enhance the Planning Departments levels of service.

Description: Enhance levels of service by improving and updating the Planning Department’s web presence to make it easy for users to navigate and find information 125
DRAFT--FY2023-25 Priorities Work Plan
5 and resources, continue to improve processing timelines, improve, and maintain response times, and proactive shepherding of projects through the Town’s discretionary processes.

Employee Impact: Low to Moderate
Fiscal Impact: Low
5) Category: Sustainable, Natural and Built Environment Priority: Continue to grow Economic Development in Town Description: Enhance and grow the Planning Department’s Economic Development and Housing initiatives by providing more structure (policies and implementation of actions) to what we would like and need to accomplish.

Employee Impact: Low to Moderate
Fiscal Impact: Low
6) Category: Investing in People
Priority: Develop a training program for Planning Department staff Description: Create a cohesive team where there is training to keep informed with upto-date information, cross training of duties and responsibilities (where possible given job descriptions constraints by union and job descriptions), experiences to help grow staff.

Employee Impact: Low to Moderate
Fiscal Impact: Low
7) Category: Excelling in Town Services
Priority: Enhanced and consistent record keeping where information is accessible and easy to find.

Description: Digitize remaining Planning paper files, create any necessary databases, convert microfiche to digital pdf plans (soft file) and provide a comprehensive digital data file storage service, such as Docuware, Laserfiche, etc.

Employee Impact: Low to High depending on whether outside resources or internal staff will be used.

Fiscal Impact: Low to Moderate
8) Category: Planning for the Future, Sustainable, Natural and Built Environment Priority: Develop Gas Ban Ordinance
Description: Finalize Ordinance for Town Council consideration of a Gas Ban Ordinance.

Requires the preparation of a study to support the ban.

Employee Impact: Low to Moderate
Fiscal Impact: Low
9) Category: Planning for the Future, Sustainable, Natural and Built Environment Priority: Update Downtown and other Commercial Land Uses 126
DRAFT--FY2023-25 Priorities Work Plan
6 Description: Consider Zoning Code amendments to the Land Use Regulations Table 3A (Title 10, Chapter 3, Article 3, Section 10-3.302) to the Downtown and other commercial land uses that will attract businesses to the Town.

Employee Impact: Senior Planner and Planning Director staff time over 6 months.

Fiscal Impact: Approximately $12,000 (+/- 10% of staffs time over 6 months) Police – Department Work Plan Priorities
1) Category: Investing in People
Priority: Address Staffing Issues: Retention and Recruiting Description: The Central Marin Police is currently facing a significant staffing issue wherein; it is losing people faster than it can replace them. In addition, applicant numbers are dwindling at an alarming rate. This especially important work plan priority is to work closely with the Town and City Managers over the next two years to improve entry level recruitment and current employee retention.

Staff Impact: Moderate
Fiscal Impact: Impact to budget should “top-step” salaries be increased, or employees are brought in at a higher “step” than is currently allowed. 2) Category: Investing in People
Priority: Increase Training for all Staff
Description: Increase training for all staff to include new mandates and expectations from communities.

Staff Impact: Moderate
Fiscal Impact: Increase to training budget to pay for increase in training (e.g., tuition, travel costs, etc.)
3) Category: Connecting with the Community
Priority: Initiate complete overhaul and redesign of the website Description: Currently, the website is over ten years old and is outdated and works poorly on smart phones. Conduct a complete overhaul and redesign of the website to bring it up to acceptable current day standards.

Staff Impact: High
Fiscal Impact: Cost of outside vendor for website design and staff time. 4) Category: Investing in People
Priority: Improve and evolve the organizational mental and physical wellness of staff Description: Continue to improve and evolve the organizational mental and physical wellness of staff.

Staff Impact: Moderate
Fiscal Impact: Minimal cost since most will be covered by year two of a federal grant. 127
DRAFT--FY2023-25 Priorities Work Plan
7 5) Category: Sustainable, Natural and Built Environment Priority: Continue to convert the fleet of vehicles to electric & hybrid Description: Continue to convert the fleet of vehicles away from sole combustion engines to fully electric and/or hybrid models. This will include patrol vehicles, CSO/Cadet vehicles, unmarked vehicles, and motorcycles.

Staff Impact: Minimal
Fiscal Impact: No increase to yearly budget. Cost will be about the same as purchasing combustion vehicles. Will only replace when a vehicle is at its end of life. 6) Category: Investing in People
Priority: Implement new SB2 legislation and mandates
Description: Implement new SB2 legislation and mandates regarding the certification and de-certification of police officers.

Staff Impact: Moderate
Fiscal Impact: Minimal.

Public Works – Department Work Plan Priorities
1) Category: Excelling in Town Services
Priority: Develop 5-year Capital Improvement Plan that includes a regular update and communication schedule for all capital improvement projects.

Description: Creation of a framework for Council to receive consistent updates of all Capital Improvement projects (CIP). Quarterly reports on CIP expenditures (budget status report from DPW). In addition, staff will be bringing forward a new 5 Year Capital Improvement Plan. Public Works typically reports twice a year to the Capital Program Monitoring Committee and the Financial Advisory Committee and will create a new format to provide an update to the Council on CIP projects.

Staff Impact: Moderate
Fiscal Impact: Low
2) Category: Excelling in Town Services
Priority: Improve pavement condition index and repair streets Description: Continue to program paving, crack sealing and slurry sealing projects to improve road conditions and reduce reconstruction and maintenance costs by improving the Pavement Condition Index (PCI).

Staff Impact: Moderate
Fiscal Impact: High
128
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8 3) Category: Excelling in Town Services
Priority: Coordinate with County on Flood Control. Finalize Bridge designs.

Description: Continue working towards 25-Year level (4% recurrence interval) flood protection with the removal and replacement of bridges and working with the County on the SAFRR project to remove Building Bridge 2.

Staff Impact: Moderate
Fiscal Impact: Moderate
4) Category: Sustainable, Natural and Built Environment Priority: Rehabilitate Town Parks and Medians
Description: Work on improving general maintenance and
rehabilitation of parks and medians.

Staff Impact: Moderate
Fiscal Impact: Moderate
5) Category: Quality Facilities
Priority: Develop an annual plan to address maintenance for all Townmaintained buildings and facilities Description: Program funds to address painting, rot repair, heating/ventilation/air-conditioning (HVAC), and other building maintenance issues for all Town-maintained buildings and facilities.

Staff Impact: Moderate
Fiscal Impact: High
6) Category: Planning for the Future, Sustainable, Natural and Built Environment
Priority: Implementation of the Bicycle and Pedestrian Master Plan Description: Town Staff will continue to prioritize the Bicycle and Pedestrian Master Plan as adopted in the Complete Streets Resolution by the integration of the Bicycle and Pedestrian Master Plan elements into public works projects.

Staff Impact: Moderate
Fiscal Impact: Moderate
7) Category: Planning for the Future, Sustainable, Natural and Built Environment
Priority: Evaluate and develop a Water Conservation plan for Town buildings, parks, and medians
Description: Due to the drought the Town has been working diligently on reducing domestic water usage throughout parks, medians, and buildings.

Staff Impact: Moderate
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9 Fiscal Impact: Moderate
8) Category: Sustainable, Natural, and Built Environment Priority: Design and seek funding for the development of the Resilient Hub project
Description: This project would install solar panels with battery storage on Town Hall or Library Buildings to create community-serving space equipped with an emergency power center that provides clean energy resilience for both town services and residents, equipped for extreme weather, providing power, broadband, cooling, water, social services, and older adult assistance in an emergency situation.

Staff Impact: High
Fiscal Impact: High
Public Works—Building
1) Category: Excelling in Town Services
Priority: Develop and implement residential Seismic Program.

Description: Provide homeowners with information on earthquake strengthening for existing one- and two-family dwellings, develop a soft-story program for existing structures, and an automatic gas shutoff valve program.

Staff Impact: High
Fiscal Impact: Low
2) Category: Excelling in Town Services
Priority: Develop and implement program with Ross Valley Fire Department (RVFD) to aid in fire resistance “hardening” of dwellings in the Wildland Urban Interface (WUI).

Description: The Building Department is interested in the possible allocation of fire abatement funding to help homeowners in the WUI to add WUI compliant vents and siding to reduce the potential of fires or the spread of fire within San Anselmo and Marin County.

Staff Impact: High
Fiscal Impact: Low
130
DRAFT--FY2023-25 Priorities Work Plan
10 3) Category: Excelling in Town Services
Priority: Develop online permitting for solar systems-SB 379 compliance
Description: SB 379 requires local jurisdictions to adopt an online permitting system for residential solar energy systems. This bill would require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the city, county, or city and county to issue permits in real time for a residential solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating.

Staff Impact: High
Fiscal Impact: Moderate
4) Category: Excelling in Town Services
Priority: Implement expedited permitting program per AB 2234 requirements
Description: New bill will regulate response time for permit applications. If an application for a post entitlement phase permit is incomplete, the Town must provide applicants with list of incomplete items and description of how to make application complete within 15 business days of submission of application. If an application for a post entitlement phase permit is noncompliant, the Town must provide the applicant a full set of written comments with a comprehensive request for revisions within 30 business day (projects with 25 units or fewer) or 60 business days (projects with more than 25 units).

Staff Impact: High
Fiscal Impact: Moderate
5) Category: Excelling in Town Services, Sustainable, Natural and Built Environment
Priority: Update Green Building code
Description: The Sustainability Committee has raised the question of banning gas in residential new construction. If the Town bans the use of gas, the Building Department will update the Green Building Code to fulfill the new requirement.

Staff Impact: High
Fiscal Impact: Low
131
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11 6) Category: Excelling in Town Services
Priority: Create Uniform Definition for “Substantial Remodels” throughout Town Code Description: “Substantial remodels” are defined differently in different sections of the code.

Standardizing language across the code will help streamline certain aspects of the building permitting process and.

Staff Impact: Moderate
Fiscal Impact: Low
7) Category: Excelling in Town Services
Priority: Evaluate Planning and Building Permit Processing Description: Evaluate existing planning and building administrative processes including comparing requirements and fees to other local jurisdictions.

Staff Impact: Moderate
Fiscal Impact: Low
Recreation – Department Work Plan Priorities
1) Category: Quality Facilities
Priority: Upgrade and Improve the facilities located at the Robson Harrington House.

Description: Make improvements to the inside program space, home to our after-care programs. Improvements would include painting, replacing carpets, kitchen improvements and replacing blinds. Addition of an office space for staff to work and hold meetings with both parents and staff.

Employee Impact: Moderate
Fiscal Impact: The Department will use reserve funds which will be included in the FY 2023/24 Recreation Fund budget under capital outlay.
2) Category: Connecting with the Community
Priority: Age-Friendly Strategic Plan
Description: Age-Friendly San Anselmo will present a completed strategic plan to Town Council. To achieve the Vision of the strategic plan, the Town and the community will develop and reinforce a culture that allows for people to actively age with dignity, respect, and independence. Nurturing a commitment to an age-friendly future will be an essential factor in successfully implementing the strategies in the plan.

Employee Impact: High
Fiscal Impact: Minimal
3) Category: Connecting with the Community
Priority: Create a Volunteer Corps for Parks and Recreation Projects.

Description: The Parks and Recreation Commission will create a sub-committee to create a data base of past and future volunteers to work on parks and reaction projects. 132
DRAFT--FY2023-25 Priorities Work Plan
12 Projects would include earth day, tutoring, park clean-up projects and more. (Should I say something about coordinating with Kelley?)
Employee Impact: Moderate
Fiscal Impact: Minimal
4) Category: Livability and Quality of Life
Priority: Expand Toddler Enrichment Programs
Description: The new early childhood classes will be designed to build a community of caregivers and create an environment for toddlers to socialize play and learn. Teachers and caregivers will encourage early childhood development by guiding children to explore through stories, songs, sensory and art. Our goal is to have programs at both the Robson Harrington House and Memorial Park.

Employee Impact: High
Fiscal Impact: Minimal
5) Category: Connecting with the Community
Priority: Update and reorganize Recreation Department webpage.

Description: The new Recreation registration software, Civic Rec, pairs with the Town website, Civic Plus. The department will connect the two platforms to update and reorganize our website and registration process. This will create a better experience for our recreation community.

Employee Impact: High
Fiscal Impact: Minimal
6) Category: Excelling in Town Services
Priority: Re-format the Community Event Application and Process.

Description: The Town of San Anselmo is vibrant community. The Recreation department receives many requests for events throughout the year. Requests include everything from concerts to bake sales. Currently there is one application that goes to Town Council for approval. The department will develop a process and applications for larger events, smaller events and tables at existing events. The application process will include interdepartmental communications, insurance requirements and street closure and janitorial costs.

Employee Impact: High
Fiscal Impact: Minimal
Interdepartmental Projects - Recreation & Public Works
1) Category: Quality Facilities
Priority: Resurface Tennis Courts & Stripe Two for Pickle Ball Description: Resurface tennis courts due to failing and cracked concrete Employee Impact: High
133
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13 Fiscal Impact: High
2) Category: Quality Facilities
Priority: improvements to Red Hill Dog Park
Description: This project would include improvements to drainage and ground covering.

Employee Impact: Moderate
Fiscal Impact: High
3) Category: Quality Facilities
Priority: Implement phase 3 of Millennium Playground restoration Description: Phase three will involve enhancing the playground with new features placed in areas of the playground where former features existed. This will begin with a community engagement process to help determine the plan. The plan will go through a cost estimating process and a fundraising program will be launched. The improvements will be made once these goals are met.

Employee Impact: Moderate
Fiscal Impact: High
4) Category: Quality Facilities
Priority: Repair the walls within the Robson Harrington Community Gardens.

Description: The crumbling walls have become a safety issue.

Employee Impact: Moderate
Fiscal Impact: High
5) Category: Quality Facilities
Priority: Paint ICC Center
Description: The paint is peeling.

Employee Impact: High
Fiscal Impact: High
Ross Valley Fire – Department Work Plan Priorities
1) Category: Excelling in Town Services
Priority: Implement RVFD leadership reorganization
Description: The Ross Valley Fire Department is in leadership transition due to the expiration in June of the shared services agreement with County Fire. The member agencies and the Fire Board are exploring options including a potential shared services agreement with Central Marin Fire for Fire Chief and Chief Officer services.

Employee Impact: High
Fiscal Impact: Medium
134
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14 2) Category: Quality Facilities
Priority: Perform needs assessment for living quarters at Station 20 Description: DPW staff to work with Fire Department staff to explore options to renovate the living quarters at Fire Station #20 with the goal of updating the space to accommodate a third member on each operational shift (scheduled for FY2025-26).

Employee Impact: High
Fiscal Impact: Low
3) Category: Quality Facilities
Priority: Renovate living quarters at Station 20
Description: Complete renovation construction on Fire Station #20.

Employee Impact: High
Fiscal Impact: High
135
Working Copy
Work Plan 2023-25
1 2
3 4
5 6
7 8
9 10
11 12
13 14

C D E F G H I J K L M N
Livability & Quality of Life Quality Facilities Connecting with the Community
Sustainable, Natural and
Built Environment Excelling in Town Services Planning for the Future Create opportunities for
lifelong learning and diverse
resources through innovative
Recreation and Library
activities and entertainment
for residents of all ages.

Plan, maintain and improve
Town facilities for residents
and town staff.

Provide equitable community
engagement that includes an
outreach approach with
intentional effort to engage a
representation of the Town's
diverse audiences.

Thoughtful planning and
operations that ensure the
long-term viability of the
Town's infrastructure,
facilities, and environment.

Provide excellent and sustainable
delivery of services by making data
driven investments & decisions.

Support continuous improvement
and cross departmental
collaboration to improve service
delivery to residents and provide
for their public safety.

Utilize comprehensive planning
to balance the community's
character with its evolving
needs
Implement Housing Element
programs, policies and
actions (PLAN)
Improve shelving for Library
special collections (LIB)
Implement new Town
telephone system (F/A)
Complete and implement
Economic Development Plan
(PLAN)
Update Towns Investment Policy
(F/A)
Conduct comprehensive
General Plan Update (PLAN)
Complete and implement
Economic Development Plan
(PLAN)
Study the organization of
Library physical public space
(LIB)
Implement Online Records
Management Program (F/A)
Develop Gas Station Ban
Ordinance (PLAN) Update Fee Study (F/A)
Implement Housing Element
programs, policies and actions
(PLAN)
Implementation of the
Bicycle and Pedestrian
Master Plan (PW)
Implement Library reorg plan
designed by consultant (LIB)
Reimagine the Library "Take
and Make Kits" collection
(LIB)
Continue to convert the fleet
of vehicles to electric &
hybrid (CMPA)
Update Finance/Payroll/HR
Systems (F/A)
Develop Gas Station Ban
Ordinance (PLAN)
Develop and implement AgeFriendly Strategic Plan (REC) Study the organization of
Library physical staff
workspace on lower level (LIB)
Complete implementation of
Library RFID project (LIB)
Develop an annual plan to
address maintenance for all
Town-maintained buildings
and facilities (PW)
Complete implementation of
Library RFID project (LIB)
Update downtown land uses
(PLAN)
Expand Toddler Enrichment
Programs (REC)
Repaint/Repair internal
Library building, museum, and
Council Chamber lobby areas
(LIB)
Establish Zip Books program
(LIB)
Design and seek funding for a
Resilient Hub solar project
for the Library roof (PW)
Invest in digital record keeping
program (PLAN)
Develop and implement
residential Seismic Program
(PW-BLD)
Updated:5/17/2023
136
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Work Plan 2023-25
1 C D E F G H I J K L M N
Livability & Quality of Life Quality Facilities Connecting with the Community
Sustainable, Natural and
Built Environment Excelling in Town Services Planning for the Future 15 16
17 18
19 20
21 22
23 24
Implement phase 3 of
Millennium Playground
restoration (REC) Develop an annual plan to
address maintenance for all
Town-maintained buildings
and facilities (PW)
Update the Planning
Department web pages
(PLAN)
Evaluate and develop a
Water Conservation Plan for
Town buildings, Parks, and
medians(PW)
Continue to convert the fleet of
vehicles to electric & hybrid
(CMPA)
Develop and implement
program with Ross Valley Fire
Department (RVFD) to aid in
fire resistance hardeningof
dwellings in WUI (PW-BLD)
Upgrade and Improve the
facilities at the Robson
Harrington House (REC)
Initiate complete overhaul
and redesign of the website
(CMPA)
Develop 5-year Capital
Improvement Plan, that
includes a regular update and
communication schedule for
all capital improvement
projects (PW)
Implement new SB2 legislation
regarding certification of officers
(CMPA)
Update Green Building code
(PW-BLD)
Resurface Tennis Courts &
Stripe Two for Pickle Ball (REC)
Develop and implement AgeFriendly Strategic Plan (REC) Develop and implement
program with Ross Valley Fire
Department (RVFD) to aid in
fire resistance hardeningof
dwellings in WUI (PW-BLD)
Initiate complete overhaul and
redesign of the website (CMPA)
Research and develop plan for
improvements to Red Hill Dog
Park (REC)
Create a Volunteer Corps for
Parks and Recreation Projects
(REC)
Develop online permiting for
solar systems - SB 379
Compliance (PW-BLD)
Develop 5-year Capital
Improvement Plan, that includes a
regular update and communication
schedule for all capital
improvement projects (PW)
Implement phase 3 of
Millennium Playground
restoration (REC)
Update and reorganize
Recreation Department
webpage (REC)
Update Green Building code
(PW-BLD)
Develop an annual plan to address
maintenance for all Townmaintained buildings and facilities (PW)
Updated:5/17/2023
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Working Copy
Work Plan 2023-25
1 C D E F G H I J K L M N
Livability & Quality of Life Quality Facilities Connecting with the Community
Sustainable, Natural and
Built Environment Excelling in Town Services Planning for the Future 25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
Repair the walls within the
Robson Harrington
Community Gardens (REC)
Implementation of the Bicycle and
Pedestrian Master Plan (PW)
Paint ICC Center (REC)
Evaluate and develop a Water
Conservation Plan for Town
buildings, Parks, and medians(PW)
Research and repurpose
Carriage House area at Robson
Harrington Park (REC)
Develop and implement residential
Seismic Program (PW-BLD)
Rennovate living quarters at
Fire Station 20 (RVFD)
Develop and implement program
with Ross Valley Fire Department
(RVFD) to aid in fire resistance
hardeningof dwellings in WUI
(PW-BLD)
Perform needs assesment for
living quarters at Station 19
(RVFD)
Develop online permiting for solar
systems - SB 379 Compliance (PWBLD)
Implement expedited permiting
program - per AB 2234
requirements (PW-BLD)
Update Green Building code (PWBLD)
Expand Toddler Enrichment
Programs (REC)
Updated:5/17/2023
138
Working Copy
Work Plan 2023-25
1 C D E F G H I J K L M N
Livability & Quality of Life Quality Facilities Connecting with the Community
Sustainable, Natural and
Built Environment Excelling in Town Services Planning for the Future 41 42
43 44
45 Update and reorganize Recreation
Department webpage (REC)
Re-format the Community Event
Application and Process (REC)
Implement RVFD leadership
reorganization (RVFD)
Updated:5/17/2023
139
Working Copy
Work Plan 2023-25
123456789
10 11
12 13
14 O
Investing in People
Provide professional
management and training that
encourages a culture of
innovation, collaboration, and
transparency to deliver quality
service through an exceptional
workforce.

Conduct Town Compensation
Study (F/A)
Implement Ready Set Audit
Results (F/A)
Institute Employee Trainings
(Lunch & Learn) (F/A)
Study the organization of
Library physical staff
workspace on lower level (LIB)
Onboard new Planner (PLAN)
Updated:5/17/2023
140
Working Copy
Work Plan 2023-25
1 O
Investing in People
15 16
17 18
19 20
21 22
23 24
Develop a training program for
Planning Department staff
(PLAN)
Invest in digital record keeping
program (PLAN)
Address staffing issues:
retention & recruiting (CMPA)
Increase training for all staff
(CMPA)
Improve and evolve the
organizational mental and
physical wellness of staff
(CMPA)
Updated:5/17/2023
141
Working Copy
Work Plan 2023-25
1 O
Investing in People
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
Implement new SB2 legislation
regarding certification of
officers (CMPA)
Implement RVFD leadership
reorganization (RVFD)
Rennovate living quarters at
Fire Station 20 (RVFD)
Perform needs assesment for
living quarters at Station 19
(RVFD)
Updated:5/17/2023
142
Working Copy
Work Plan 2023-25
1 O
Investing in People
41 42
43 44
45 Updated:5/17/2023
143
Item #: 1.12

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.12
MEETING DATE: May 23, 2023
AGENDA TITLE: Adopt a Resolution to Redefine the Framework for the Town’s Climate Action Commission
FROM: Sean Youra, Climate Action Coordinator
RECOMMENDATION: That the Town Council adopt the attached resolution to redefine the framework of the Climate Action Commission (Attachment 1).

BACKGROUND
The Town Council established the Quality of Life Commission in 2000 (Resolution 3512, revised by Resolutions 3639, 4041, 4114, and 4193). The Council subsequently adopted Resolution 4206 in 2017 to rename the commission to the Sustainability Commission and then renamed it again in 2021 to the Climate Action Commission (Resolution 4397). Resolution 4397 also updated the charge, goals, organization, and guidelines for the Climate Action Commission (CAC).

The CAC’s organizational structure has fluctuated in terms of the maximum membership over the years since it was first established as the Quality of Life Commission. The maximum membership has been as low as five members (Resolution 4193) and as high as nine members (Resolution 4041). The current maximum membership is seven members per Resolution 4397.

The CAC’s primary goal is to work with the Council, residents, businesses, and staff to achieve the goals and implement the actions in the adopted Climate Action Plan. The CAC develops an annual Action Plan that informs its work throughout the year.

DISCUSSION
At the April 24, 2023 regular CAC meeting, the CAC requested that the Commission’s maximum membership be expanded to nine members (not including the two youth members) to allow for the CAC members to form subcommittees to work on priority projects specified in their Action Plan. The subcommittees will conduct work outside of the regularly scheduled public meetings and report their updates during the public meetings. The CAC plans to have four subcommittees, and with a current maximum of seven members, it means that some members may have to serve on multiple 144
Item #: 1.12
subcommittees that will require more meeting attendance and time dedicated by those members. If the CAC’s maximum membership is expanded to nine members, it would reduce potential burdens on current members from having to serve on multiple subcommittees. Therefore, staff is recommending that the CAC organization membership be increased from seven to nine members.

If the membership is expanded to nine members, the CAC also plans to reduce the number of its public meetings subject to the Brown Act to potentially quarterly at a minimum. This would help reduce the burden of meeting attendance on both CAC members and staff and provide more time to work on the Action Plan items during the non-meeting months. The potential change to the public meeting frequency does not require an update of the CAC establishment framework since the guidelines do not specify a required meeting frequency.

Lastly, for reference, other Town committees and commissions currently can have more than seven members, such as the Economic Development Committee (nine member maximum) and Historical Commission (eleven member maximum).

FISCAL IMPACT
Other than staff time to support the CAC and facilitate implementation of the CAC Action Plan, which would occur with or without adoption of this resolution, no fiscal impact is anticipated.

GENERAL PLAN CONSISTENCY
Not applicable

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Adopting the resolution to amend the framework for the CAC is not a “project” under the California Environmental Quality Act, because 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).

Adoption of the resolution is consistent with the Climate Action Plan and will improve the efficiency of the CAC organization to be able to implement the Climate Action Plan.

ATTACHMENTS
Attachment 1 – Resolution
145
I
RESOLUTION NO. XXXX

ARESOLUTION OFTHETOWN COUNCIL OFTHETOWN OFSAN
ANSELMO REPEALING AND REPLACING RESOLUTION NO. 4397

TO REDEFINE THE FRAMEWORK FOR THE CLIMATE ACTION

COMMISSION
I
WHEREAS, the San Anselmo Town Council established the Quality of Life Commission in 2000 (Resolution 3512, revised by Resolutions 3639, 4041, 4114, and 4193) and subsequently renamed it the Sustainability Commission in 2017 (Resolution 4206); and WHEREAS, the Town Council commissioned the creation of a Climate Action Plan starting in 2011, and the Sustainability Commission was responsible for tracking emissions and promoting climate mitigation and adaptation actions as part of plan implementation; and
WHEREAS, the Town Council agrees with the consensus among climate scientists that the climate and ecological crises are underway; and WHEREAS, the Town Council declared that a climate and ecological emergency threatens the Town, region, state, nation, civilization, humanity and the natural world by passing a Climate Emergency Resolution 4325 on February 2, 2020; and WHEREAS, the Town Council adopted Resolution 4397 in 2021 to rename the Sustainability Commission to the Climate Action Commission (CAC) and to update the charge, goals, organization, and guidelines for the CAC; and WHEREAS, the Town Council supports the CAC’s desire to expand the membership of the Commission by two additional members to facilitate the use of multiple subcommittees to accomplish the charge of the CAC.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council hereby repeals and replaces Resolution 4397 with the parameters of the Climate Action Commission, as follows:

1. Charge: The charge of the Commission isto implement the Climate Action Plan by:

Item 1.12 Attachment 1 Item 1.12 Attachment 1
146
a. Facilitating the understanding, • participation and collaboration of the I broader San Anselmo community for all actions and initiatives the Town may adopt in response to the climate emergency by providing outreach, information and education for San Anselmo residents, businesses, and Town staff on the urgency of climate responses, reduction of GHG emissions, the policies and strategies to advance sustainability and resilience;
b. Regularly assessing its GHG reduction goals, actions and policies and providing progress reports and metrics annually;
c. Updating the Climate Action Plan as needed to report on progress and propose modification of goals and targets, in keeping with current scientific understanding;
d. Working with Town staff to include consideration and prioritization of consistency with the Town Climate Action Plan 2030, as amended or updated, in planning Town programs;
e. Helping to identify funding needs for greenhouse gas and climate change mitigation so long as atmospheric carbon and carbon equivalents are in excess of 350 parts per million, the amount considered "safe" by climate experts;
f. Promoting conservation of habitat and soil and ecosystem protection to offset impacts of GHG emissions; and
g. Promoting community resilience planning to prepare for and adapt to the negative effects of climate change (such as wildfire and flooding).

2. Goals: While the specific scope of the Commission workplan will be established annually, the overall goals are:
a. Work with the Town Council and residents to achieve the goals and implement the actions in the adopted Climate Action Plan to mitigate the effects of climate change by reducing our greenhouse gas emissions and sequestering atmospheric carbon dioxide, and support adaptation planning and promote strategies to cope with the impacts of climate change; and b. Facilitate Town involvement in effortsto achieve tangible improvements in global environmental and sustainable development conditions through local action.

3. Organization: Nine (9) members plus up to two (2) youth members appointed by the Town Council, serving without pay. The Commission may include one Councilmember and a designated Town staff liaison.

Item 1.12 Attachment 1 Item 1.12 Attachment 1
147

4. Guidelines: The guidelinesfor the Commission are asfollows:
a. The Commission will meet on a regular basis, as is determined by the Chairperson, who will be elected by the Commission members. b. Members are expected to attend all meetings, unless prevented from doing so by a substantial reason. In the case of an absence, members shall notify the Chairperson at least twenty-four hours in advance of a meeting.

Automatic removal will occur if more than three consecutive regular meetings are missed, or more than four regular meetings in six months are missed, without prior notice and substantial reason.
c. Members may not solicit employment or professional assignments relating directly or indirectly to the projects under study by the Commission.

5. Terms: Members will serve one three-year term, except when a member is appointed for a shorter period to fill the end of a vacated term. A goal is to stagger the appointment schedule so that no more than one-half of the seats shall expire in any one year.

6. Brown Act: All meetings of the Commission shall be public and noticed on the public notice bulletin board and Town website.

I hereby certify that the foregoing resolution was duly passed and adopted at the regular meeting of the San Anselmo Town Council on the 23rd day of May 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:
_______________________
Steve Burdo, Mayor
ATTEST:
___________________________
Serge Avila, Clerk
Item 1.12 Attachment 1 Item 1.12 Attachment 1
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Item #: 1.13

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 1.13
MEETING DATE: May 23, 2023
AGENDA TITLE: Approve revisions to the Section 8, Policies, Programs, and Actions, of the Draft Housing Element and authorize staff to work with the Housing Element Advisory Committee to prepare nonpolicy related revisions to the Draft Housing Element and to submit the revised Draft Housing Element to the California Department of Housing and Community Development. The Draft Housing Element and direction to staff to submit to HCD for review is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 as it does not constitute a “project”.

FROM: Heidi Scoble, Planning Director
RECOMMENDATION:

Approve by motion the following:

1. Approve the proposed revisions to Section 8, Policies, Programs, and Actions, of the Draft Housing Element in response to the California State Department of Housing and Community Development (HCD) comment letter; and

2. Authorize staff to work with the Housing Element Advisory Committee to prepare nonpolicy revisions to the Draft Housing Element; and

3. Authorize staff to submit the final revised Draft Housing Element to the HCD

BACKGROUND
In 2022, the Town began the 6th Cycle Housing Element Update process. In May 2022, the Town Council approved a Professional Services Agreement for Houseal Lavigne to help prepare the Draft Housing Element and Update the Safety Element. In June 2022, the Town Council established the Housing Element Advisory Committee (HEAC) and appointed two councilmembers, one planning commissioner and four residents.

On December 12, 2022, the Public Draft Housing Element was released. The Public Draft was made accessible on the Town of San Anselmo homepage and the Town’s Housing Element Update website. A town-wide postcard was mailed to all residents informing residents of the release of the Public Draft Housing Element and informing how public comment may be accepted.
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On December 15, 2022, the HEAC conducted a public meeting to receive a presentation from staff, accept public comment, and provide a recommendation to the Town Council regarding the Public Draft Housing Element. The comments from the HEAC included a request to ensure the Housing Element will address ownership equity to facilitate making home ownership more realistic (e.g., consideration of a down payment assistance program) and recommended the draft document move forward to the Town Council for consideration.

On December 19, 2022, the Planning Commission conducted a public meeting to receive a presentation from staff, accept public comment, and provide a recommendation to the Town Council regarding the Public Draft Housing Element. The Planning Commission unanimously recommended the Town Council consider the adoption of the Draft Housing Element as proposed. A member of the public also provided public comment requesting that the existing R-1 Housing Opportunity Sites proposed to be rezoned to either R-2 and R-3 not be permitted and that the existing R-3 densities remain at 20 units to the acre instead of the proposed 30- units to the acre. The public comment received was focused on the following Housing Opportunity sites between Tamalpais Avenue to the North, Ross Avenue to the South, San Anselmo Avenue to the East and Sunnyside Avenue to the West (refer to Appendix B of the Public Draft Housing Element): 24, 25, 32, 33, 34, 35, 36, 37, 38, 39, 41, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, and 56.

On January 10, 2023, the Town Council conducted a public meeting and voted unanimously to approve by motion the submittal of the Draft Housing Element to the HCD. After the state mandated 10-day noticing period, the Town submitted the Draft Housing Element to HCD on January 26, 2023.

On April 26, 2023, the Town received a response letter from the HCD requesting changes to the Town’s Draft Housing Element (see Attachment 1). The HCD has provided comments requiring additional analysis and not policy revisions and comments that require policy revisions.

Comments Requiring Additional Analysis
The following is a summary of the comments that require additional analysis and not policy revisions:

Section 3: Housing Needs
 The Housing Element needs to quantify project Extremely Low-Income housing needs.  The Housing Element needs to provide a complete analysis of the Town’s senior housing needs.
 The Housing Element needs to include a quantification of persons with development disabilities and a qualitative description of the housing need, existing resources or programs, and an assessment of unmet needs.
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Section 4: Housing Constraints
 The Housing Element should describe any known environmental constraints to the development of housing within the Town, including any mitigation measures if necessary.  The Housing Element must demonstrate that the Town’s Zoning Code allows and permits manufactured housing in the same manner and in the same zone as conventional or stickbuilt structures permitted.  The Housing Element should include the various planning and impact fees to better evaluate the impacts on housing development costs.
 The Housing Element must identify and analyze all relevant land use controls and impacts as potential constraints on housing types. The analysis must also evaluate the cumulative impacts on land use controls on cost and supply of housing, including the ability to achieve maximum densities and cost/supply of housing.
 The Housing Element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).
 The Housing Element should add a program to identify and analyze written procedures for the SB 35 Streamlined Ministerial Approval Process.

Section 6: Housing Opportunities
 The Housing Element should describe the status of the project, including any necessary approvals or steps prior to development, development agreements, conditions, or requirements such as phasing or timing requirements that impact development in the planning period; and the affordability of the project’s units based on anticipated rents, sales prices or other mechanisms (e.g., financing, affordability restrictions) ensuring their affordability.
 The Housing Element must include an analysis demonstrating the potential for redevelopment of nonvacant sites.
 The Housing Element needs to provide support for the Town’s nonvacant site assumptions related to realistic capacity.
 Provide support relative to the realistic capacity related to Site 53 or revise the capacity as necessary. The Housing Element identifies a capacity of 115%. The capacity was based on owner interest.
 The Housing Element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the Town’s regional housing need for the planning period. (Gov.

Code, § 65583.2, subd. (b).)
 The Housing Element needs to include an electronic sites inventory per Government Code section 65583.3, subdivision (b), upon adoption of the housing element. 151
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The Town’s Housing Element Consultant and staff are diligently working towards addressing the above non-policy related issues and will revise the Housing Element accordingly.

Comments that Require Policy Revisions
The HCD also requested revised and/or new policies to address the following housing related subjects to be incorporated in the Housing Element:
 Emergency Shelters
 Barriers to Housing
 Housing for Persons with Disabilities
 Priority Water and Sewer
 Sites Inventory
 Rezone Program for Adequate Sites
 Assist in Development Programs
 Affirmatively Furthering Fair Housing
 Accessory Dwelling Units
On May 15, 2023, the Planning Commission and the HEAC received a presentation from staff (see Attachment 2) and conducted a Special Joint meeting and unanimously supported the following proposed policy revisions to Section 8, Policies, Programs, and Actions, of the Draft Housing Element for consideration (see Attachment 3):

Emergency Shelters:

The Housing Element must analyze the 17-bed limit as a potential constraint for the development of emergency shelters. Chapter 654, Statutes of 2022 (AB 2339), adds additional specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. While the element includes Program 7.5d to study potential residential zones to allow emergency shelters, this program in of itself does not satisfy these requirements, future submittals of the housing element may need to address these statutory requirements. For example, the program should identify the zones the town is considering and the potential capacity for emergency shelters in those zones.

In response to the comment, the following revisions are proposed:

Action 7.5d: Conduct a study to identify appropriate sites in the C-L, C-3, and PF zones with adequate capacity for emergency shelters in accordance with AB 2339. Conduct a study to 152
Item #: 1.13
identify appropriate locations in residential areas of the community for emergency shelters in accordance with AB 2339.

Barriers to Housing:

The Housing Element should include a program to remove the identified constraints.

In response to the comment, the following new program is proposed:

Action 5.9e: Evaluate and update the design review findings in the Zoning Code to be objective in order to remove barriers to housing development. (The quantifiable metric is proposed as, “Update the Zoning Code to remove subjective design review findings”.) Housing for Persons with Disabilities:

The Housing Element should analyze and include programs to address or remove identified constraints for persons with disabilities and/or modify programs as appropriate to ensure zoning permits group homes objectively.

In response to the comment, the following revisions are proposed:

Action 7.2a: Amend the Town’s Zoning Code to allow all residential care facilities, for the elderly and for persons with a chronic life-threatening illness, both small and large, to be permitted in all multifamily and commercial districts in all zoning districts that allow single family units.

Action 9.1e: Amend the Zoning Code to remove barriers for the approval of requests for reasonable accommodation to comply with the Americans with Disabilities Act. In particular, the Town will remove Finding 5 required for reasonable accommodation approval to be consistent with State law. (The quantifiable metric is also proposed to Amend Chapter 13, Reasonable Accommodation, of the Zoning Ordinance to include objective findings and procedures to facilitate adequate housing conditions for persons with disabilities.) Action 9.1f: Provide maximum flexibility in the development of housing for persons with physical disabilities and developmental disabilities. Provide maximum flexibility in the development of housing for persons with disabilities). Establish an Administrative Exceptions process to allow for ministerial approval of minor variances for the development of housing for persons with disabilities and developmental disabilities. (The quantifiable metric is also proposed as follows: “As a part of a full Zoning Code update, establish an Administrative Exceptions process to allow for ministerial approval of minor variances for the development of housing for persons with disabilities and developmental disabilities. Assist with the creation of 20 units for those with special needs, including those persons with developmental disabilities, to reduce displacement risk and expand mobility options.”) Priority Water and Sewer:
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Ensure the water and sewer providers grant priority to developments with units of affordable to lower-income households (Gov. Code, § 65589.7).

In response to the comment, the following new program is proposed:

Action 1.1d: Work with the Marin Municipal Water District (MMWD) and the Ross Valley Sanitary District (RVSD) to ensure the availability and adequate capacity of water and wastewater systems to accommodate the housing needs during the planning period. Priority shall be granted to proposed developments that include housing affordable to lower-income households. In addition, the Town will provide a copy of the Housing Element and any future amendments to MMWD and RVSD immediately after adoption.

Sites Inventory:

The Housing Element needs to further analyze and include programs if necessary to ensure the sites are adequate to accommodate lower-income units.

In response to the comment, the following revision is proposed:

Action 4.1c: When housing developments are identified as “at-risk” of converting from affordable to market- rate, work with MHA to reduce the potential of conversion and preserve or replace units, as needed, through the following strategies:
 Monitor the status of “at risk” units pursuant to Action 4.1d. If property owners indicate the desire to convert the units, consider providing technical assistance, when possible, to support preservation of the “at risk” units at an affordable price.  Work with Marin Housing Authority and other agencies and non-profits to seek funding to subsidize the long-term affordability of the “at risk” units.  To reduce displacement risk and in accordance with California Government Code Section 65583.2(g), require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished.

Rezone Program for Adequate Sites:

Develop a rezone program to accommodate the Regional Housing Needs Allocation for lowerincome units that meet Government Code Section 65583.2(h) and (i).

In response to the comment, the following revisions are proposed:

Action 1.1b: Work with MHA, and local Bay Area and Marin County housing non-profits and affordable housing developers to implement resale and rental regulations for extremely low, 154
Item #: 1.13
very low-, low- and moderate-income units, and monitor to ensure that these units remain affordable.

Action 6.2a: Assess the feasibility of waiving all fees associated with ADU permitting when the property owner deed restricts their ADU to be rented at rates affordable to extremely low- and very low-income households.

Assist in Development Programs:

The Housing Element needs to include a program to assist in the development of ELI households and persons with special needs including farmworkers, homeless, and persons with disabilities, including developmental.

In response to the comment, the following revision is proposed:

Action 5.3a: Establish an Affordable Housing Overlay District in the Zoning Code for properties zoned SPD, C-3, and R-3 to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low, very low-income, or extremely low-income households. In addition, the Town will waive the rezoning fees for property owners’ requests to be rezoned within the Affordable Housing Overlay District to incentivize affordable housing creation. The nondiscretionary, administrative approval process will utilize objective design standards, as detailed in Actions 3.1b and 3.2a. Establish an Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low and very low-income households.

Affirmatively Furthering Fair Housing:

Table 7.37, Affirmatively Furthering Fair Housing Implementation Matrix, needs to be amended to include clear commitment metrics that are significant and meaningful to overcome identified patterns and trends.

In response to the comment, the following revisions are proposed:

Action 4.5a: Evaluate, and if appropriate, amend the Zoning Code and other portions of the Municipal Code to remove potential constraints for adaptive reuse, such as the review/approval 155
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process, design requirements, and parking standards. (The quantifiable metric is proposed to be amended as, “As a part of a full Zoning Code update, evaluate whether barriers to adaptive reuse exist and eliminate identified barriers as appropriate. Assist 40 units with rehabilitation opportunities during the planning period.”)
Action 7.3b: Work with the MHA to promote the Housing Choice Voucher program regularly through public outreach. (The quantifiable metric is proposed to be amended as, “Update the Town’s website to include information regarding Housing Choice Vouchers and to promote their acceptance by landlords and use by residents. A total of 20 lower- and moderate-income households access rental opportunities with Section 8 housing assistance to facilitate housing mobility.”)
Accessory Dwelling Units:

Amend Programs 6.1 and 6.2 to include metrics and geographical areas relative to promoting the construction and affordability of Accessory Dwelling Units.

In response to the comment, the following revisions are proposed:

Action 6.1a: Conduct community outreach to determine the preferred ADU design style of San Anselmo residents. (The quantifiable metric is proposed to be amended as, “Facilitate at least one in-person event and conduct web-based community outreach to determine the preferred ADU design style of San Anselmo residents. The in-person and online engagement will be scheduled, formatted, and located to be accessible and convenient for community members, both in person and online. The online outreach will use communication techniques to assist those without time to ability to attend in person meetings. Facilitate in person web based community outreach to determine the preferred ADU design style of San Anselmo.”) Action 6.1c: Work with the various Town departments to pre-approve the ADU plans. (The quantifiable metric is proposed to be amended as, “Pre-approve the ADU plans developed as a part of Action 6.1b. Facilitate the creation of 20 ADUs annually throughout the town, with particular emphasis on geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods. Pre-approve the ADU plans developed as part of Action 6.1b.”) Action 6.2a: Assess the feasibility of waiving all fees associated with ADU permitting when the property owner deed restricts their ADU to be rented at rates affordable to extremely low- and very low-income households. (The quantifiable metric is proposed to be amended as, “As a part of annual budget development, assess the impact of waiving fees associated with the development of deed restricted affordable ADUs and pass waiver allowances, as appropriate.”)
Action 6.2b: Establish an ADU Review Team comprised of representatives from the Town’s various departments including Planning, Fire, and Public Works and conduct regular weekly meetings to ensure efficient review of ADU applications. (The quantifiable metric is proposed to be amended as, “Establish the ADU review team. Conduct weekly meetings to review ADU 156
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applications, prioritizing review of permits for ADUs proposed in geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods.”) Action 6.2e: Enhance the Town’s Summary Guide to ADUs to include diagrams, calculators, and other tools to help walk residents through the ADU/JADU permitting process. The quantifiable metric is proposed to be amended as, “Hire a consultant to develop an interactive web-based tool to guide residents through the ADU construction process in a streamlined and user-friendly manner. Once established, the web-based tool will facilitate the creation of 10 additional ADUs annually throughout the town, with particular emphasis on geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods.”) Other Proposed New Policy or Policy Amendments:

Action 3.2a: Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development design standards and streamline development approval processes.

Within the objective design standards, include specific written procedures for evaluation of ministerial housing projects, including the Senate Bill 35 Streamlined Ministerial Approval Process. Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development design standards and streamline development approval processes. (The quantifiable metric is proposed to be amended as, “Adopt objective design standards for all housing types, including specific written procedures for evaluation of ministerial housing projects, including the Senate Bill 35 Streamlined Ministerial Approval Process.”) Action 5.2a: Amend the Zoning Code to require all new development and redevelopment in the C-L and C-3 districts to include residential units at a minimum density of 20 dwelling units per acre and a maximum density of up to 30 dwelling units per acre. (The quantifiable metric is proposed to be amended as, “Adopt Zoning Code amendments to require all new development and redevelopment in the C-L and C-3 districts to include residential units at a density minimum density of 20 and maximum density of up to 30 dwelling units per acre.”) Action 5.2b: Amend the zoning standards, including maximum density, maximum building height, and other requirements, in the C-L and C-3 districts and maximum FAR in the C-1, C-L, and C-3 districts to accommodate mixed-use development and require the residential use to occupy at least 50 percent of the total floor area of a mixed use project. (The quantifiable metric is proposed to be amended as, “Adopt zoning ordinance amendments to accommodate mixed-use development and require the residential use to occupy at least 50 percent of the total floor area of a mixed use project in the C-L and C-3 districts.”) Action 5.5a: Conduct a nexus study to support the establishment and structure of an Affordable Housing Impact Fee to be levied upon new, above moderate- income housing development and to research and identify funding mechanisms to subsize underground utilities for affordable housing development.
157
Item #: 1.13
Action 5.8a: Amend the Town’s definition of group home in the Zoning Code to ensure compliance Zoning ordinance Code to comply with the Lanterman Disabilities Services Act.

Action 7.1c: Work with housing providers to ensure that housing needs for special needs groups are addressed for seniors, persons with disabilities and developmental disabilities, single parent-headed households with children, large households, and extremely lowincome households. The Town will seek to meet special housing needs through a combination of regulatory incentives and zoning standards. Actions 5.7a through 5.7 g, 5.3a, and 6.2c contain additional incentives the Town plans to implement. (The quantifiable metric is proposed as, “Seek funding opportunities beginning in 2024 and annually each year that follows. Incentivize and support the creation of 20 units for those with special needs to reduce displacement risk and expand mobility options.”
Action 9.2b: Require that any development within the Affordable Housing Overlay District prepares and publicizes paper and digital versions of multilingual applications, and that all websites containing application information be accessible. (The quantifiable metric is proposed to be amended as, “As a part Affordable Housing Overlay District standards adopted as a part of a full Zoning Code update, establish requirements for paper and digital versions of multilingual applications be made available and accessible.)

DISCUSSION
At the Special Joint Planning Commission and HEAC meeting, the HEAC requested an opportunity to review the nonpolicy related responses to the revised Draft Housing Element and motioned accordingly. In the spirit of efficiencies and time in responding to the HCD with a revised Draft Housing Element, staff is requesting the Town Council approve the proposed policy revision to the aforementioned policies, programs, and actions contained in Attachment 3 and allow staff to work with the HEAC to ensure the revised final Draft Housing Element provides sufficient information to respond to the HCD.

FISCAL IMPACT
The Fiscal Impacts associated with the Housing Element Update include the preparation of the Housing Element prepared by the Housing Element consultant, Houseal Lavigne, in the amount of $283,453 (May 10, 2022, Town Council approval) and staff time.

GENERAL PLAN CONSISTENCY
The Housing Element Update is intended to bring elements of the General Plan into conformance with State law.
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Item #: 1.13

CEQA CONSISTENCY
Consideration of the Draft Housing Element and direction to staff to submit to HCD for review is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 as it does not constitute a “project”; and is consistent with the Climate Action Plan because it does not impact the environment.

ATTACHMENTS

1. Letter from the California State Department of Housing and Community Development dated April 26, 2023.

2. Special Joint Planning Commission and Housing Element Advisory Committee Meeting Presentation

3. Redline Version of Section 8, Policies, Programs, and Actions 159
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 26, 2023
Heidi Scoble, Planning Director
Town of San Anselmo
525 San Anselmo Ave.

San Anselmo, CA 94960
Dear Heidi Scoble,
RE: Town of San Anselmo’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the Town of San Anselmo (Town) draft housing element received for review on January 26, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have Item # 1.13- Attachment 1 Item # 1.13- Attachment 1
160
Heidi Scoble, Planning Director

Page 2 ends

previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD is committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Fidel Herrera, of our staff, at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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APPENDIX

TOWN OF SAN ANSELMO
The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs Resources and Constraints

1. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Projected Extremely Low-Income (ELI) Households: While the element quantifies the existing housing needs of ELI) households, it must still quantify projected ELI housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of very lowincome households qualify as ELI households.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Approved/Pending Sites: The housing element relies on approved/pending projects to accommodate the Town’s regional housing need for lower-income households. The element should describe the status of the project, including any necessary approvals or steps prior to development, development agreements, conditions, or requirements such as phasing or timing requirements that impact development in the planning period; and the affordability of the project’s units based on anticipated rents, sales prices or other mechanisms (e.g., financing, affordability restrictions) ensuring their affordability.

Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element describes in general the existing use of each nonvacant site for example “commercial improved, singlefamily improved, single-family unimproved or exemption improved.” This alone is not Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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adequate to demonstrate the potential for redevelopment in the planning period. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element needs to also analyze the extent that existing uses may impede additional residential development. The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the Town and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.

In addition, if nonvacant sites accommodate 50 percent or more of the lower-income need, the housing element must describe “substantial evidence” that the existing use does not constitute an impediment for additional residential use on the site. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the Regional Housing Needs Allocation (RHNA).

Realistic Capacity: The element provides assumptions of realistic capacity of 70 percent on nonvacant sites; however, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in the Town, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element includes two project examples on page 130 to demonstrate realistic capacity; however, it is unclear if the two examples represent a trend for all developments at similar affordability levels in the Town. In addition, site 53 on Table

6.8, page 128 calculates realistic capacity at 115 percent of the maximum dwelling units per acre. The element should provide support for this assumption or revise the element as necessary.

Infrastructure: The element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the Town’s regional housing need for the planning period. (Gov.

Code, § 65583.2, subd. (b).)
Environmental Constraints: The element should describe any known environmental constraints to the development of housing within the Town. Also, describe mitigation measures, if any, to the environmental constraints.

Replacement Housing Requirements: The sites inventory includes nonvacant sites that include single-family units. The element must identify whether the units are affordable to lower-income households or describe whether the additional residential development on the site requires the demolition of the existing residential use. For nonvacant sites with Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lower-income households within the last five years there must be a replacement housing program for units affordable to lower-income households (Gov.

Code, § 65583.2, subd. (g)(3)). Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program has the same requirements as set forth in Government Code section. 65915, subdivision (c)(3). The housing element must be revised to include such analysis and a program, if necessary.

Zoning for a Variety of Housing Types:
• Manufactured Housing: Page 92 of the element states that manufactured housing is subject to the same standards and regulations that apply to other single-family homes. However, Per Table 4.4 manufactured homes are not allowed in the same zones where single-family homes are allowed. The housing element must demonstrate the Town's zoning code allows and permits manufactured housing in the same manner and in the same zone as a conventional or stick-built structures are permitted.
• Emergency Shelter: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 17-bed limit as a potential constraint for the development of emergency shelters. Chapter 654, Statutes of 2022 (AB 2339), adds additional specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. While the element includes Program 7.5d to study potential residential zones to allow emergency shelters, this program in of itself does not satisfy these requirements, future submittals of the housing element may need to address these statutory requirements. For example, the program should identify the zones the town is considering and the potential capacity for emergency shelters in those zones. For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), upon adoption of the housing element, the Town must submit an electronic version of the sites inventory with its adopted housing element to [email protected]. Please note, the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).).

Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. While Program 5.3.a commits to establish an Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, the element should clarify if three stories is allowed in multifamily zones.

Fees and Exaction: The element provides a cumulative analysis of fees on various housing types but should also list all the various planning and impact fees to better evaluate the impacts on housing development costs.

Processing and Permit Procedure: The element states that design review is required for multifamily residential projects and to construct new single-family residences. The element includes the findings for approval on page 102; however, the following findings should be analyzed as potential constraints on approval certainty and should include a program(s) to address or remove the identified constraints:
• Is functionally and aesthetically compatible with the existing improvements and the natural elements in the surrounding area;
• Provides for protection against noise, odors, and other factors which may make the environment less desirable;
• Will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in such area;
• Will not create unnecessary traffic hazards due to congestion, distraction of motorists, or other factors and provides for satisfactory access by emergency vehicles and personnel;
• Will not unreasonably impair access to light and air of structures on neighboring properties;
Housing for Persons with Disabilities: The element notes group homes for seven or more persons are only permitted subject to a Conditional Use Permit. The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. Secondly, it appears based on Table 4.4, page 91 that residential care facilities for six or fewer are not treated the same as single family. The element should ensure that residential care facilities for six or fewer are treated the same as singlefamily units and should include programs as necessary. Finally, the element states the Town has a reasonable accommodation procedure and lists the findings of approval; however, finding number five, “whether the requested reasonable accommodation would Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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adversely impact surrounding properties or uses” should be analyzed as a potential constraint on approval certainty and consistency with HUD guidance related to reasonable accommodation and should include a program(s) to address or remove the identified constraints.

Priority Water and Sewer: For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers.

Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

SB 35 Streamlined Ministerial Approval Process: The element states that the Town has not adopted specific SB 35 regulations in the zoning code and follows State requirements to provide ministerial review of projects that meet SB 35 eligibility criteria. However, the element should add a program to identify and analyze written procedures for the SB 35 Streamlined Ministerial Approval Process.

4. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Seniors: While the element includes a quantification of the senior population, it must also analyze their special housing needs. For a complete analysis, the element should discuss challenges faced by the senior population, the existing resources to meet those needs (availability senior housing units, # of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

Persons with Developmental Disabilities: While the element includes a quantification of persons with developmental disabilities, it must also include a qualitative description of the need (including a description of the potential housing problems faced by the special needs group), a description of any existing resources or programs, and an assessment of unmet needs.

B. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Rezone Program for Adequate Sites: The element appears to rely on rezoning of sites (Program 5.7) to accommodate the regional housing need, including for lower-income households; however, rezoning programs to accommodate the RHNA must identify the shortfall of sites, minimum acreage to be rezoned, candidate sites for rezoning and completion dates. Rezoning programs to accommodate the RHNA for lower-income households must meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Examples include nondiscretionary approval, requiring minimum densities, permitting at least 16 units per site and residential performance standards.

2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
Assist in Development Programs: The element must include specific actions to assist in the development of ELI households and persons with special needs including farmworkers, homeless, and persons with disabilities, including developmental. The element includes several programs for lower income but should also include extremely low income and special needs.

Affordable Housing Overlay Zone: The element appears to rely on Program 5.3 to establish an Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low and very lowincome households. The element should also specify where the overlay will be applied, describe the permitting procedures that will apply to the residential development in the overlay and describe incentives to encourage and facilitate the development of housing affordable to lower-income households. In addition, the element should list and evaluate the objective design and development standards that will be applied.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding A3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
While Table 7.37 Affirmatively Furthering Fair Housing Implementation Matrix includes contributing factors, and geographic targeting, the Program actions do not include metrics. Table 7.37 should be revised to include metrics with clear commitments.

In addition, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones and geographic targeting; and, as appropriate must address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas; place-based strategies for community preservation and revitalization and displacement protection. The element acknowledges that Racially Concentrated Areas of Affluence (RCAA) exists within the Town, and that the Town is predominantly in the high resource category according to TCAC/HCD Opportunity Maps and is predominantly higher income, the Town must include a significant and robust suite of actions (not limited to the RHNA) to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region.

5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)

While the element includes Programs 6.1 and 6.2 to promote the construction and affordability of Accessory Dwelling Units, the programs should include metrics and geographic area.

C. Quantified Objectives

Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)

Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
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The element must include quantified objectives estimating the number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period. This requirement could be addressed by utilizing a matrix like the one illustrated below:

Income
New Construction
Rehabilitation
Conservation/
Preservation
Extremely LowVery LowLowModerateAbove ModerateTOTAL Item # 1.13- Attachment 1
Item # 1.13- Attachment 1
169

HCD LETTER

OVERVIEW
May 15, 2023
San Anselmo Housing Element Update
170
Meeting Agenda
■ Housing Element Overview and Update
Process
■ HCD Comment Letter Overview
– Comments requiring additional analysis but
no policy revisions
– Comments requiring policy revisions
■ Next Steps
171

HOUSING ELEMENT

OVERVIEW AND

UPDATE PROCESS
172
What is a Housing
Element?
■ Provides an assessment of the City’s housing needs and identifies how to accommodate the housing needs of existing and future residents. ■ Sets citywide policies, programs, and actions for housing, and identifies housing conditions and needs within the community.
■ Must be reviewed for compliance and certified by State Department of Housing and Community Development (HCD).
173
Why are Housing Elements Updated?
■ Ensure the City complies with State housing laws
■ Demonstrate San Anselmo’s ability to meet future
housing growth needs
■ To adopt and implement policies addressing local
housing issues
■ Allow the community to further engage in the planning process
174
What is "RHNA"?
■ Regional Housing Needs Allocation
– Assigned by State via ABAG
– Projected number of new units needed in the region
over 8 years
– Broken into four income categories
– Currently in Cycle 5 or “RHNA 5"
– Planning for Cycle 6 or "RHNA 6"
■ RHNA 5: 2014-2022
■ RHNA 6: 2023-2031
Association of Bay Area
Governments
175
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
TOTAL: 833
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four 176
Units Already
Accounted For
■ ADUs - 160
■ Pipeline Projects - 43
177
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 194
Low Income 145 97 88
Moderate Income 121 73 69
Above Moderate Income 314 298 279
TOTAL: 833 673 630
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four 178
20% No Net Loss Buffer
■ 630 units remaining after subtracting ADUs and pipeline projects
■ 630 x .20 = 126
■ Total remaining RHNA and 20% no net loss buffer: 754
179
Update Process
■ 6/4/2022 – Town Council Introduction
■ 7/11/2022 – HEAC Meeting 1
■ 7/21/2022 – Town Hall Meeting 1
■ 7/25/2022 – HEAC Meeting 2
■ 8/25/2022 – Town Hall Meeting 2
■ 9/1/2022 – HEAC Meeting 3
■ 9/26/2022 – HEAC Meeting 4
■ 10/11/2022 – Town Council Meeting
■ 11/3/2022 – HEAC Meeting 5
■ 12/15/2022 – HEAC Meeting 6
Housing Opportunity Sites Identification
and Discussion
Introductory and Informational Meetings
Housing Opportunity Sites Analysis and
Finalization
Policies, Programs, and Actions Discussion
Public Review Draft HE Overview 180
Update Process
■ 12/21/2022 – Planning Commission Meeting
■ 1/10/2023 – Town Council Meeting
■ 1/26/2023 – Housing Element submitted to HCD for 90-day review ■ 4/26/2023 – HCD Comment Letter Received
181

HCD COMMENT LETTER

OVERVIEW
182
HCD Comment Letter
■ Comments requiring additional analysis but no policy revisions ■ Comments requiring policy revisions
183
Comments Requiring Additional Analysis
but No Policy Revisions
Section 3: Housing Needs
• The Housing Element needs to quantify project Extremely Low-Income housing needs.
• The Housing Element needs to provide a complete analysis of the Town’s senior housing needs.
• The Housing Element needs to include a quantification of persons with development disabilities and a qualitative description of the housing need, existing resources or programs, and an assessment of unmet needs. 184 Comments Requiring Additional Analysis
but No Policy Revisions
Section 4: Housing Constraints
• The Housing Element should describe any known environmental constraints to the development of housing within the Town, including any mitigation measures if necessary.
• The Housing Element must demonstrate that the Town’s Zoning Code allows and permits manufactured housing in the same manner and in the same zone as conventional or stick-built structures permitted. • The Housing Element should include the various planning and impact fees to better evaluate the impacts on housing development costs. 185 Comments Requiring Additional Analysis
but No Policy Revisions
Section 4: Housing Constraints
• The Housing Element must identify and analyze all relevant land use controls and impacts as potential constraints on housing types. The analysis must also evaluate the cumulative impacts on land use controls on cost and supply of housing, including the ability to achieve maximum densities and cost/supply of housing.
• The Housing Element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1). • The Housing Element should add a program to identify and analyze written procedures for the SB 35 Streamlined Ministerial Approval Process. 186 Comments Requiring Additional Analysis
but No Policy Revisions
Section 6: Housing Opportunities
• The Housing Element should describe the status of the project, including any necessary approvals or steps prior to development, development agreements, conditions, or requirements such as phasing or timing requirements that impact development in the planning period; and the affordability of the project’s units based on anticipated rents, sales prices or other mechanisms (e.g., financing, affordability restrictions) ensuring their affordability. • The Housing Element must include an analysis demonstrating the potential for redevelopment of nonvacant sites.
187
Comments Requiring Additional Analysis
but No Policy Revisions
Section 6: Housing Opportunities
• The Housing Element needs to provide support for the Town’s nonvacant site assumptions related to realistic capacity.
• Provide support relative to the realistic capacity related to Site 53 or revise the capacity as necessary. The Housing Element identifies a capacity of 115%. The capacity was based on owner interest.
188
Comments Requiring Additional Analysis
but No Policy Revisions
Section 6: Housing Opportunities
• The Housing Element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the Town’s regional housing need for the planning period. (Gov. Code, § 65583.2, subd. (b).)
• The Housing Element needs to include an electronic sites inventory per Government Code section 65583.3, subdivision (b), upon adoption of the housing element.
189
Comments Requiring Policy Revisions
• Emergency Shelters
• Barriers to Housing
• Housing for Persons with Disabilities
• Priority Water and Sewer
• Sites Inventory
• Rezone Program for Adequate Sites
• Assist in Development Programs
• Affirmatively Furthering Fair Housing
• Accessory Dwelling Units
190
Comments Requiring Policy Revisions
■ Emergency Shelter: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 17-bed limit as a potential constraint for the development of emergency shelters.

Chapter 654, Statutes of 2022 (AB 2339), adds additional specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. While the element includes Program 7.5d to study potential residential zones to allow emergency shelters, this program in of itself does not satisfy these requirements, future submittals of the housing element may need to address these statutory requirements. For example, the program should identify the zones the town is considering and the potential capacity for emergency shelters in those zones.

For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339-notice.pdf. 191
Comments Requiring Policy Revisions
Action 5.8e: Amend the Town’s definition and standards pertaining to emergency shelters to ensure compliance with SB 2, AB 2339, and AB 139. Amend the Town’s regulations pertaining to emergency shelters to ensure compliance with SB 2 and AB 139.

Action 7.5d: Conduct a study to identify appropriate sites in the C-L, C-3, and PF zones with adequate capacity for emergency shelters in accordance with AB 2339.

Conduct a study to identify appropriate locations in residential areas of the community for emergency shelters in accordance with AB 2339. 192
Comments Requiring Policy Revisions
■ The element states that design review is required for multifamily residential projects and to construct new single-family residences. The element includes the findings for approval on page 102; however, the following findings should be analyzed as potential constraints on approval certainty and should include a program(s) to address or remove the identified constraints:
– Is functionally and aesthetically compatible with the existing improvements and the natural elements in the surrounding area;
– Provides for protection against noise, odors, and other factors which may make the environment less desirable;
– Will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in such area; – Will not create unnecessary traffic hazards due to congestion, distraction of motorists, or other factors and provides for satisfactory access by emergency vehicles and personnel; – Will not unreasonably impair access to light and air of structures on neighboring properties; 193
Comments Requiring Policy Revisions
Action 5.9e: Evaluate and update the design review findings in the Zoning Code to be objective in order to remove barriers to housing development. (The quantifiable metric is proposed as, “Update the Zoning Code to remove subjective design review findings”.) 194
Comments Requiring Policy Revisions
■ Housing for Persons with Disabilities: The element notes group homes for seven or more persons are only permitted subject to a Conditional Use Permit. The element should analyze the process adversely impact surrounding properties or uses” should be analyzed as a potential constraint on approval certainty and consistency with HUD guidance related to reasonable accommodation and should include a program(s) to address or remove the identified constraints as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. Secondly, it appears based on Table 4.4, page 91 that residential care facilities for six or fewer are not treated the same as single family. The element should ensure that residential care facilities for six or fewer are treated the same as single-family units and should include programs as necessary. Finally, the element states the Town has a reasonable accommodation procedure and lists the findings of approval; however, finding number five, “whether the requested reasonable accommodation would adversely impact surrounding properties or uses” should be analyzed as a potential constraint on approval certainty and consistency with HUD guidance related to reasonable accommodation and should include a program(s) to address or remove the identified constraints. 195 Comments Requiring Policy Revisions
Action 7.2a: Amend the Town’s Zoning Code to allow all residential care facilities, for the elderly and for persons with a chronic life-threatening illness, both small and large, to be permitted in all multifamily and commercial districts in all zoning districts that allow single family units.

Action 9.1e: Amend the Zoning Code to remove barriers for the approval of requests for reasonable accommodation to comply with the Americans with Disabilities Act. In particular, the Town will remove Finding 5 required for reasonable accommodation approval to be consistent with State law. (The quantifiable metric is also proposed to Amend Chapter 13, Reasonable Accommodation, of the Zoning Ordinance to include objective findings and procedures to facilitate adequate housing conditions for persons with disabilities.)
196
Comments Requiring Policy Revisions
Action 9.1f: Provide maximum flexibility in the development of housing for persons with physical disabilities and developmental disabilities. Provide maximum flexibility in the development of housing for persons with disabilities). Establish an Administrative Exceptions process to allow for ministerial approval of minor variances for the development of housing for persons with disabilities and developmental disabilities. (The quantifiable metric is also proposed as follows: “As a part of a full Zoning Code update, establish an Administrative Exceptions process to allow for ministerial approval of minor variances for the development of housing for persons with disabilities and developmental disabilities.

Assist with the creation of 20 units for those with special needs, including those persons with developmental disabilities, to reduce displacement risk and expand mobility options.”) 197
Comments Requiring Policy Revisions
■ Priority Water and Sewer: For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers.
198
Comments Requiring Policy Revisions
Action 1.1d: Work with the Marin Municipal Water District (MMWD) and the Ross Valley Sanitary District (RVSD) to ensure the availability and adequate capacity of water and wastewater systems to accommodate the housing needs during the planning period. Priority shall be granted to proposed developments that include housing affordable to lower-income households. In addition, the Town will provide a copy of the Housing Element and any future amendments to MMWD and RVSD immediately after adoption. 199
Comments Requiring Policy Revisions
■ The sites inventory includes nonvacant sites that include single-family units. The element must identify whether the units are affordable to lower-income households or describe whether the additional residential development on the site requires the demolition of the existing residential use. For nonvacant sites with existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lowerincome households within the last five years there must be a replacement housing program for units affordable to lower-income households (Gov. Code, § 65583.2, subd. (g)(3)). Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program has the same requirements as set forth in Government Code section. 65915, subdivision (c)(3).

The housing element must be revised to include such analysis and a program, if necessary.
200
Comments Requiring Policy Revisions
Action 4.1c: When housing developments are identified as “at-risk” of converting from affordable to market- rate, work with MHA to reduce the potential of conversion and preserve or replace units, as needed, through the following strategies:
• Monitor the status of “at risk” units pursuant to Action 4.1d. If property owners indicate the desire to convert the units, consider providing technical assistance, when possible, to support preservation of the “at risk” units at an affordable price.
• Work with Marin Housing Authority and other agencies and non-profits to seek funding to subsidize the longterm affordability of the “at risk” units. • To reduce displacement risk and in accordance with California Government Code Section 65583.2(g), require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished.
201
Comments Requiring Policy Revisions
■ Rezone Program for Adequate Sites: The element appears to rely on rezoning of sites (Program 5.7) to accommodate the regional housing need, including for lower-income households; however, rezoning programs to accommodate the RHNA must identify the shortfall of sites, minimum acreage to be rezoned, candidate sites for rezoning and completion dates. Rezoning programs to accommodate the RHNA for lower-income households must meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). Examples include nondiscretionary approval, requiring minimum densities, permitting at least 16 units per site and residential performance standards. 202
Comments Requiring Policy Revisions
Action 1.1b: Work with MHA, and local Bay Area and Marin County housing non-profits and affordable housing developers to implement resale and rental regulations for extremely low, very low-, low- and moderate-income units, and monitor to ensure that these units remain affordable.

Program 7.1: As appropriate, assist service providers to link together services for special needs populations to provide the most effective response to persons experiencing homelessness or at risk of homelessness, youth needs, farmworkers, seniors, persons with disabilities and developmental disabilities, substance abuse problems, HIV/AIDS, and multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers.
203
Comments Requiring Policy Revisions
■ Assist in Development Programs: The element must include specific actions to assist in the development of ELI households and persons with special needs including farmworkers, homeless, and persons with disabilities, including developmental. The element includes several programs for lower income but should also include extremely low income and special needs.
204
Comments Requiring Policy Revisions
Action 5.3a: Establish an Affordable Housing Overlay District in the Zoning Code for properties zoned SPD, C-3, and R-3 to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low, very low-income, or extremely low-income households. In addition, the Town will waive the rezoning fees for property owners’ requests to be rezoned within the Affordable Housing Overlay District to incentivize affordable housing creation. The nondiscretionary, administrative approval process will utilize objective design standards, as detailed in Actions 3.1b and 3.2a. Establish an Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low and very low-income households.
205
Comments Requiring Policy Revisions
■ While Table 7.37 Affirmatively Furthering Fair Housing Implementation Matrix includes contributing factors, and geographic targeting, the Program actions do not include metrics. Table 7.37 should be revised to include metrics with clear commitments. In addition, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones and geographic targeting; and, as appropriate must address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas; place-based strategies for community preservation and revitalization and displacement protection. The element acknowledges that Racially Concentrated Areas of Affluence (RCAA) exists within the Town, and that the Town is predominantly in the high resource category according to TCAC/HCD Opportunity Maps and is predominantly higher income, the Town must include a significant and robust suite of actions (not limited to the RHNA) to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region. 206
Comments Requiring Policy Revisions
Action 4.5a: Evaluate, and if appropriate, amend the Zoning Code and other portions of the Municipal Code to remove potential constraints for adaptive reuse, such as the review/approval process, design requirements, and parking standards. (The quantifiable metric is proposed to be amended as, “As a part of a full Zoning Code update, evaluate whether barriers to adaptive reuse exist and eliminate identified barriers as appropriate. Assist 40 units with rehabilitation opportunities during the planning period.”)
Action 7.3b: Work with the MHA to promote the Housing Choice Voucher program regularly through public outreach. (The quantifiable metric is proposed to be amended as, “Update the Town’s website to include information regarding Housing Choice Vouchers and to promote their acceptance by landlords and use by residents. A total of 20 lower- and moderate-income households access rental opportunities with Section 8 housing assistance to facilitate housing mobility.”)
207
Comments Requiring Policy Revisions
■ While the element includes Programs 6.1 and 6.2 to promote the construction and affordability of Accessory Dwelling Units, the programs should include metrics and geographic area.
208
Comments Requiring Policy Revisions
Action 6.1a: Conduct community outreach to determine the preferred ADU design style of San Anselmo residents. (The quantifiable metric is proposed to be amended as, “Facilitate at least one in-person event and conduct web-based community outreach to determine the preferred ADU design style of San Anselmo residents. The in-person and online engagement will be scheduled, formatted, and located to be accessible and convenient for community members, both in person and online. The online outreach will use communication techniques to assist those without time to ability to attend in person meetings. Facilitate in person web based community outreach to determine the preferred ADU design style of San Anselmo.”) Action 6.1c: Work with the various Town departments to pre-approve the ADU plans. (The quantifiable metric is proposed to be amended as, “Pre-approve the ADU plans developed as a part of Action 6.1b. Facilitate the creation of 20 ADUs annually throughout the town, with particular emphasis on geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods. Pre-approve the ADU plans developed as part of Action 6.1b.”) 209 Comments Requiring Policy Revisions
Action 6.2a: Assess the feasibility of waiving all fees associated with ADU permitting when the property owner deed restricts their ADU to be rented at rates affordable to extremely low- and very low-income households. (The quantifiable metric is proposed to be amended as, “As a part of annual budget development, assess the impact of waiving fees associated with the development of deed restricted affordable ADUs and pass waiver allowances, as appropriate.”) Action 6.2b: Establish an ADU Review Team comprised of representatives from the Town’s various departments including Planning, Fire, and Public Works and conduct regular weekly meetings to ensure efficient review of ADU applications. (The quantifiable metric is proposed to be amended as, “Establish the ADU review team. Conduct weekly meetings to review ADU applications, prioritizing review of permits for ADUs proposed in geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods.”) 210
Comments Requiring Policy Revisions
Action 6.2e: Enhance the Town’s Summary Guide to ADUs to include diagrams, calculators, and other tools to help walk residents through the ADU/JADU permitting process. The quantifiable metric is proposed to be amended as, “Hire a consultant to develop an interactive web-based tool to guide residents through the ADU construction process in a streamlined and user-friendly manner. Once established, the web-based tool will facilitate the creation of 10 additional ADUs annually throughout the town, with particular emphasis on geographic areas identified as racially concentrated areas of affluence to increase housing opportunities for minority and lower and moderate-income households in these neighborhoods.”) 211
Other Proposed New Policy or Policy
Amendments to Address Comments
Action 3.2a: Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development design standards and streamline development approval processes. Within the objective design standards, include specific written procedures for evaluation of ministerial housing projects, including the Senate Bill 35 Streamlined Ministerial Approval Process. Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development design standards and streamline development approval processes. (The quantifiable metric is proposed to be amended as, “Adopt objective design standards for all housing types, including specific written procedures for evaluation of ministerial housing projects, including the Senate Bill 35 Streamlined Ministerial Approval Process.”)
212
Other Proposed New Policy or Policy
Amendments to Address Comments
Action 5.2a: Amend the Zoning Code to require all new development and redevelopment in the C-L and C-3 districts to include residential units at a minimum density of 20 dwelling units per acre and a maximum density of up to 30 dwelling units per acre. (The quantifiable metric is proposed to be amended as, “Adopt Zoning Code amendments to require all new development and redevelopment in the C-L and C-3 districts to include residential units at a density minimum density of 20 and maximum density of up to 30 dwelling units per acre.”) Action 5.2b: Amend the zoning standards, including maximum density, maximum building height, and other requirements, in the C-L and C-3 districts and maximum FAR in the C-1, C-L, and C-3 districts to accommodate mixed-use development and require the residential use to occupy at least 50 percent of the total floor area of a mixed use project. (The quantifiable metric is proposed to be amended as, “Adopt zoning ordinance amendments to accommodate mixed-use development and require the residential use to occupy at least 50 percent of the total floor area of a mixed use project in the C-L and C-3 districts.”) 213
Other Proposed New Policy or Policy
Amendments to Address Comments
Action 5.5a: Conduct a nexus study to support the establishment and structure of an Affordable Housing Impact Fee to be levied upon new, above moderate- income housing development and to research and identify funding mechanisms to subsize underground utilities for affordable housing development.

Action 5.8a: Amend the Town’s definition of group home in the Zoning Code to ensure compliance Zoning ordinance Code to comply with the Lanterman Disabilities Services Act.

Action 5.8e: Amend the Town’s definition and standards pertaining to emergency shelters to ensure compliance with SB 2, AB 2339, and AB 139. Amend the Town’s regulations pertaining to emergency shelters to ensure compliance with SB 2 and AB 139. 214
Other Proposed New Policy or Policy
Amendments to Address Comments
Action 7.1c: Work with housing providers to ensure that housing needs for special needs groups are addressed for seniors, persons with disabilities and developmental disabilities, single parent-headed households with children, large households, and extremely low-income households. The Town will seek to meet special housing needs through a combination of regulatory incentives and zoning standards. Actions 5.7a through 5.7 g, 5.3a, and 6.2c contain additional incentives the Town plans to implement. (The quantifiable metric is proposed as, “Seek funding opportunities beginning in 2024 and annually each year that follows. Incentivize and support the creation of 20 units for those with special needs to reduce displacement risk and expand mobility options.”
215
Other Proposed New Policy or Policy
Amendments to Address Comments
Action 9.2b: Require that any development within the Affordable Housing Overlay District prepares and publicizes paper and digital versions of multilingual applications, and that all websites containing application information be accessible. (The quantifiable metric is proposed to be amended as, “As a part Affordable Housing Overlay District standards adopted as a part of a full Zoning Code update, establish requirements for paper and digital versions of multilingual applications be made available and accessible.) 216
Other Proposed New Policy or Policy
Amendments to Address Comments
217
Other Proposed New Policy or Policy
Amendments to Address Comments
218
QUESTIONS?
219

NEXT STEPS
220
Next Steps
■ Finalize the Draft Housing Element and Resubmit to the HCD for another 60-day Review
■ July 17, 2023 Planning Commission
■ July 25, 2023 Town Council Meeting
■ August-Adoption of the Housing Element
221
THANK YOU!
222

POLICIES, PROGRAMS,

AND ACTIONS
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Policies, Programs, and Actions
The policies, programs, and actions presented in the Action Matrix below provide the Town of San Anselmo with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing throughout the community. The Action Matrix also identifies the town lead, time frame, and quantifiable metrics for each action to ensure the Town is held accountable in Housing Element implementation.

Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Policy 1. Build Local Government Institutional Capacity and Monitor Accomplishments to Respond Effectively to Housing Needs.

Program 1.1: Take a proactive leadership role in working with community groups, other jurisdictions and agencies, non-profit housing sponsors, and the building and real estate industry in following through on identified Housing Element implementation actions in a timely manner.

Action 1.1a: Continue to implement the agreements with the Marin Housing Authority (MHA), for for-sale units and with local Bay Area and Marin County housing non-profits and affordable housing developers for for-rent units, to manage deed restricted affordable housing developments in San
Anselmo.

Planning Department Bi-annually Conduct bi-annual coordination calls to ensure continued
implementation.

Action 1.1b: Work with MHA, and local Bay Area and
Marin County housing non-profits and affordable housing developers to implement resale and rental regulations for extremely low, very low-, low- and moderate-income units, and monitor to ensure that these units remain affordable.

Planning Department Summer 2025 Establish a database of properties subject to resale and
rental regulations for
monitoring purposes.

Action 1.1c: Work with non-profits to assist in achieving the Town’s housing goals and implementing programs.

Coordination should occur on an ongoing basis and as special opportunities arise through Housing Element implementation.

Facilitate the participation of non-profits as an advisory role to assist the Town’s affordable housing consultant (see Program

1.2) in identifying funding and opportunities for development.

Planning Department
Quarterly;
Case-by-case basis
Conduct quarterly
coordination calls to
establish open, ongoing
communication.

Action 1.1d: Work with the Marin Municipal Water District (MMWD) and the Ross Valley Sanitary District (RVSD) to
ensure the availability and adequate capacity of water and wastewater systems to accommodate the housing needs
during the planning period. Priority shall be granted to proposed developments that include housing affordable to lower-income households. In addition, the Town will
provide a copy of the Housing Element and any future
amendments to MMWD and RVSD immediately after
adoption.

Planning Department; Public
Works Department
Send Housing Element
upon adoption
Send Housing Element to
MMWS and RVSD upon
adoption and subsequently as
future amendments are adopted.

Program 1.2: Seek ways to organize and allocate staffing and community resources effectively and efficiently to implement the programs of the Housing Element.

Action 1.2a: Provide a report annually to the Town Council to review progress on Housing Element programs. Annually prioritize programs for implementation and include funding in the Town’s budget.

Planning Department Annually Conduct annual meetings with the Planning Commission and
Town Council to report on
progress of Housing Element
implementation.

Action 1.2b: Hire a consultant with expertise in affordable housing to present options for funding affordable housing projects, identifying affordable housing strategies and opportunities in San Anselmo as the Town budget is
developed.

Planning Department Annually Present affordable housing strategies and opportunities to
the Town Council prior to the
adoption of each annual
budget.

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Action 1.2c: Continue ongoing and annual outreach and
coordination with non-profit housing developers and
affordable housing advocates to provide advice and comment on proposed zoning amendments and other program
implementation.

Planning Department;
Communications
Annually;
Case-by-case basis
Assess opportunities for nonprofit housing developers and affordable housing advocates
to provide advice on proposed
zoning and other program
implementation
on an ongoing basis as items
are
brought forward.

Include non-profit housing
developers and affordable
housing advocates on the
Town’s e-newsletter mailing
list to ensure they are
notified of zoning
amendments and other
program implementation
efforts.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Program 1.3: Ensure regular monitoring and reporting, including outreach to the public, on the status of housing in San Anselmo.

Action 1.3a: Develop a monitoring mechanism to ensure
no net loss of housing occurs during the Housing Element planning period and adjust zoning as needed.

Planning Department Summer 2023;
Annually
Establish a monitoring mechanism
and assign a Planning Department
staff person to assess and identify
needed zoning adjustments.

Report annually to the Town
Council recommended zoning
adjustments to ensure no net loss
of housing occurs.

Action 1.3b: Develop an online dashboard that includes
a mechanism that monitors "no net loss", ADU production, potential sites, production of affordable and market rate housing, and preserved housing supply.

Planning Department Summer 2023 Establish an online dashboard and assign a Planning Department
staff person to update it regularly
for improved transparency on
Housing Element implementation
and streamlined annual reporting.

Action 1.3c: Develop and maintain an up-to-date residential sites inventory and provide interested developers with
information on available housing development opportunities and incentives.

Planning Department Summer 2023;
Quarterly
Establish a residential sites
inventory as a component of the
online dashboard (Action 1.3b).

Assign a Planning Department
staff person to update the
inventory and notify interested
developers.

Action 1.3d: Complete an evaluation and report of housing development on a regular basis to ensure that adequate
services and facilities, including water, wastewater, and neighborhood infrastructure are available.

Planning Department;
Public Works
Department
Annually Provide a report on the status
housing development and
infrastructure to the Town Council
annually.

Policy 2. Effectively Engage and Educate the Community
Program 2.1. Undertake effective and informed public participation to engage all economic segments and special needs groups in the community in the formulation and review of housing and land use policy issues.

Action 2.1a: Maintain the Housing Element mailing list and send public hearing notices to all interested public, non-profit agencies and affected property owners.

Planning Department Case-by-case basis Send public notices related to Housing Element implementation
to the Housing Element mailing
list.

Action 2.1b: Continue to use online tools such as maps. social and Balancing Act to better understand community preferences and collect feedback about specific housing opportunity sites.

Planning Department Annually Conduct annual campaigns to promote the use of tools such as
map.social and Balancing Act to
engage the community on Housing
Element implementation.

Action 2.1c: Continue to provide housing related surveys to gather a consensus on housing preferences in San Anselmo.

Planning Department Bi-Annually Conduct online questionnaires biannually to determine whether the Town’s housing preferences have
evolved.

Action 2.1d: Work with local schools to share information with the families of students regarding the formulation and review of housing and land use policy issues.

Planning Department Case-by-case basis Coordinate with local schools to send notification to families of
students regarding new housing
and land use policies under
consideration and to solicit
feedback.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Program 2.2: Build support for the development of new housing in the community.

Action 2.2a: Require developers to have neighborhood
meetings with residents early in the discretionary land use permit process as part of the application submittal to undertake problem solving and facilitate more informed, faster, and constructive development planning and review.

Planning Department Case-by-case basis Make mailing addresses for properties in close
proximity to potential
development sites
available to developers in order to
facilitate
developer outreach and
successful neighborhood
meetings.

Action 2.2b: Coordinate with local businesses, housing
advocacy groups, neighborhood groups, and the Chamber
of Commerce to build public understanding and support for workforce, special needs housing and other issues related to housing, including the community benefits of affordable housing, mixed-use and pedestrian-oriented development.

Planning Department Annually In partnership with local
businesses, housing advocacy
groups, neighborhood groups,
and the Chamber of
Commerce develop an annual
article for the Town’s enewsletter about the
community benefits of recent
affordable housing, mixed-use,
and pedestrian-oriented
development.

Action 2.2c: Regularly reach out to community groups and residents representing a broad range of socio-economic
groups in the community to solicit ideas for housing strategies when they are discussed at Planning Commission or Town
Council meetings.

Planning Department Case-by-case basis Coordinate with local community groups and
schools (to send notification to
families of students in an effort
to reach out to residents
representing a broad range of
socio-economic groups)
regarding new housing and
land use policies under
consideration and to solicit
feedback.

Policy 3. Maintain, Protect and Enhance Existing Housing, and Blend Well-Designed New Housing into the Community.

Program 3.1: Seek ways specific to each neighborhood and consistent with the AFFH analysis to provide new housing opportunities as part of each neighborhood’s fair share responsibility and commitment to help achieve community-wide housing goals.

Action 3.1a: Amend the Zoning Code to allow missing middle housing types such as duplexes, triplexes, and quadplexes in the R-1 and R-2 districts.

Planning Department Summer 2023 Adopt Zoning Code
amendments to allow missing
middle housing types such as
duplexes, triplexes, and
quadplexes in the R-1 and R-2
districts.

Action 3.1b: Adopt objective design standards that ensure that the design of new missing middle housing types are sensitive to the established character of San Anselmo’s neighborhoods.

Planning Department Summer 2023 Adopt objective design
standards for all housing types,
including missing middle
housing types.

Action 3.1c: Adopt pre-approved infill missing middle housing plans to reduce development costs and streamline the
approval of missing middle housing.

Planning Department Summer 2024 Adopt pre-approved infill missing middle housing plans.

Program 3.2: Review proposed new housing in order to achieve excellence in development design in an efficient process.

Action 3.2a: Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development
design standards and streamline development approval
processes. Within the objective design standards, include specific written procedures for evaluation of ministerial housing projects, including the Senate Bill 35 Streamlined Ministerial Approval Process.Adopt objective design
standards for all housing types to clearly communicate San Anselmo’s development design standards and streamline
Planning Department Summer 2023 Adopt objective design
standards for all housing types
including specific written
procedures for evaluation of
ministerial housing projects,
including the Senate Bill 35
Streamlined Ministerial
Approval Process.

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development approval processes.

Program 3.3: Encourage innovative design that creates housing opportunities that are complementary to the location of the development. Enhance neighborhood identity and sense of community by ensuring that all new housing transitions sensitively to the surrounding area, avoids unreasonably affecting the privacy of neighboring properties and avoids impairing access to light and air of structures on neighboring properties.

Action 3.3a: Amend the Town’s Planned Unit Development
process to clarify standards for review and streamline
processes to better accommodate innovative housing
opportunities.

Planning Department Summer 2024 Adopt amended Planned Unit Development standards and
procedures.

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Table 8.1: Housing Element Action Matrix
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Lead
Completion
Time Frame Quantifiable Metric
Action 3.3b: Conduct a feasibility analysis to evaluate the Town’s ability to provide affordable housing through an inclusionary housing program that is consistent with the Town’s Regional Housing Needs Allocation.

Planning Department Summer 2023 Present the results of the feasibility analysis and associated
Planning Department staff
recommendations to the Town
Council for consideration.

Action 3.3c: Amend the Zoning Code to allow residential buildings containing single-room occupancy (SRO) units as a permitted use in the R-3 zoning district.

Planning Department Summer 2023 Adopt a Zoning Code amendment allowing SRO units as a permitted
use in the R-3 zoning district.

Policy 4. Support the Preservation of Housing
Program 4.1: To the extent permitted by law, limit the conversion of residential units to other uses and regulate the conversion of rental developments to non-residential uses unless there is a clear public benefit or equivalent housing can be provided.

Action 4.1a: Support initiatives that provide tools and funding mechanisms to preserve “at-risk” affordable housing units.

Planning Department Annually As a part of annual budget development, assess opportunities
to support initiatives that provide
tools and funding mechanisms
to preserve “at-risk” affordable
housing units.

Action 4.1b: Assess the feasibility of adopting strategies to preserve affordable housing stock, such as Right of First Refusal (to give qualified entities priority to purchase a property with an expiring rental subsidy contract), property tax incentives, a one-to-one replacement ordinance, and housing preservation funds.

Planning Department Summer 2025 Present the results of the feasibility analysis and associated
Planning Department staff
recommendations to the Town
Council for consideration.

4.1d. If property owners indicate the desire to convert the units, consider providing technical assistance, when possible, to support preservation of the “at risk” units at an affordable price.
 Work with Marin Housing Authority and other agencies
and non-profits to seek funding to subsidize the longterm affordability of the “at risk” units.  To reduce displacement risk and in accordance with
California Government Code Section 65583.2(g), require
replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on
sites identified in the sites inventory when any new
development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time
during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous
residential uses that have been vacated or demolished.

Planning Department Case-by-case basis Regularly monitor the no net loss monitoring mechanism (Action

1.3a) and work with MHA to
convert, preserve, or replace units,
as needed, utilizing funding from
the Affordable Housing Impact Fee
program (Program 5.5).

Action 4.1d: Pursuant to AB 1521, designate a staff person responsible for tracking “at risk” units in order to preserve their affordability.

Planning Department Summer 2023;
Annually
Establish a no net loss monitoring
mechanism.

Assign a Planning Department
staff person to update the
monitoring mechanism and track
“at risk” units.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Program 4.2: Except for limited equity cooperatives and other innovative housing proposals which are affordable to lower income households, conserve existing multifamily rental housing supply.

Action 4.2a: Prohibit conversions of rental developments to condominium ownership unless the proportion of multifamily rental units exceeds 25 percent of the total number of housing units in the Town, or, if the proportion of multifamily units exceeds 20 percent but is less than 25 percent, the tenant is granted a right to continued tenancy for five years at the same rental rate, adjusted for inflation.

Planning Department Summer 2024 Establish a mechanism to prohibit conversions of rental
developments to condominium
ownership except under the
identified conditions.

Program 4.3: Encourage good management practices, rehabilitation of viable older housing, and long-term maintenance and improvement of neighborhoods.

Action 4.3a: Coordinate with the MHA, PG&E, Marin Clean Energy, and other organizations to publicize available
loan programs to eligible property owners on the Town
e-newsletters and on the Town’s website.

Planning Department Quarterly Include information regarding MHA, PG&E, or Marin Clean
Energy loan programs in the
Town’s e-newsletters and
website on a quarterly basis.

Action 4.3b: Perform an analysis to compare the Town’s
zoning regulations with housing development on the ground to determine whether amendments are needed to ensure
that infill single-family detached housing is consistent in bulk and mass with other single-family detached housing in the neighborhood to help preserve smaller, naturally affordable housing in the community.

Planning Department Summer 2025 As a part of a full Zoning Code update, conduct an analysis
to compare the Town’s zoning
regulations with housing
development on the ground to
determine whether
amendments are needed to
ensure that infill single-family
detached housing is consistent
in bulk and mass with other
single-family detached housing
in the neighborhood.

Program 4.4: Facilitate adaptive reuse of existing buildings on small parcels.

Action 4.4a: Allow for modified development standards where multifamily projects include the preservation of an existing building.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an
Administrative Exceptions
process to allow for ministerial
approval of minor variances to
development standards under
certain circumstances.

Action 4.4b: Assess the feasibility of providing property tax incentives for maintaining existing residences.

Planning Department Fall 2024 As a part of the nexus study conducted to support the
establishment and structure of an
Affordable Housing Impact Fee
program (Action 5.5a) assess
the feasibility of utilizing related
funds to provide property tax
incentives for maintaining existing
residences.

Program 4.5: Encourage and carry out creative strategies for the rehabilitation, adaptation, and reuse of residential, commercial, and industrial structures for housing in the spirit of retaining the mass, scale, and character of the Town.

Planning Department Summer 2025 As a part of a full Zoning Code update, evaluate whether barriers
to adaptive reuse exist and
eliminate identified barriers as
appropriate.

Assist 40 units with rehabilitation
opportunities during the planning
period.

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Table 8.1: Housing Element Action Matrix
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Lead
Completion
Time Frame Quantifiable Metric
Policy 5. Eliminate Barriers to the Development of Market Rate and Affordable Housing Program 5.1: Strive to provide an adequate supply and variety of housing opportunities to meet the needs of San Anselmo’s workforce and their families, seeking to match housing types and affordability with household income.

Action 5.1a: Work with Marin County and neighboring
jurisdictions to explore the feasibility of establishing a renter match program for ADU owners and prospective tenants.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a renter match
program.

Action 5.1b: Work with Marin County and neighboring
jurisdictions to explore the feasibility of establishing a home share program.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a home share
program.

Action 5.1c: Work with Marin County and neighboring
jurisdiction to explore the feasibility of establishing a multilingual flier and/or email blast regarding housing opportunities.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a multi-lingual
flyer and/or email blast regarding
housing opportunities.

Program 5.2: Support mixed-use development, with nonresidential uses on the ground floor and residential uses on upper floors in San Anselmo’s commercially zoned areas.

Action 5.2a: Amend the Zoning Code to require all new
development and redevelopment in the C-L and C-3 districts to include residential units at a minimum density of 20 dwelling units per acre and a maximum density of up to 30 dwelling units per acre.

Planning Department Summer 2023 Adopt Zoning Code amendments to require all new development
and redevelopment in the C-L
and C-3 districts to include
residential units at a density
minimum density of 20 and
maximum density of up to 30
dwelling units per acre.

Action 5.2b: Amend the zoning standards, including
maximum density, maximum building height, and other
requirements, in the C-L and C-3 districts and maximum
FAR in the C-1, C-L, and C-3 districts to accommodate
mixed-use development and require the residential use to occupy at least 50 percent of the total floor area of a mixed use project.

Planning Department Summer 2023 Adopt zoning ordinance
amendments to accommodate
mixed-use development and
require the residential use to
occupy at least 50 percent of the
total floor area of a mixed use
project in the C-L and C-3
districts.

Action 5.2c: Amend the Zoning Code to eliminate
minimum parking requirements for new development
and redevelopment within a half-mile of public transit in accordance with AB 2097.

Planning Department Summer 2023 Adopt Zoning Code amendments to eliminate minimum parking
requirements for new
development and redevelopment
within a half- mile of public
transit.

Action 5.2d: Amend the Zoning Code to include flexible
parking requirements in areas not located within a half-mile of public transit such as joint use parking, off-site parking (currently allowed), allowances for reduced standards if developers do not bundle the cost of parking with the cost of rent, reducing parking stall dimensions, allowing public overnight parking on Town streets, and “grandfathering” noncompliant buildings and uses.

Planning Department Summer 2023 Adopt Zoning Code
amendments to establish
minimum parking requirements
reductions.

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Action 5.2e: Promote parcel consolidation for the assembly of new housing sites to ensure minimum densities are
achieved and integrated site planning occurs by (1) identifying priority sites for lot consolidation where common ownership occurs, (2) contacting property owners of contiguous vacant and underutilized sites, and (3) conducting outreach to affordable housing developers.

Planning Department Annually Conduct an annual
assessment to identify priority
sites for lot consolidation
where common
ownership occurs, contact
property owners of contiguous
vacant and underutilized sites,
and conduct outreach to
affordable housing developers
when property owners are
interested in redevelopment.

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Table 8.1: Housing Element Action Matrix
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Lead
Completion
Time Frame Quantifiable Metric
Action 5.2f: Conduct an analysis of fees collected for recent multifamily housing projects and compare to the actual time it took for plan check and inspections by staff and outside consultants to provide expedited review of desired housing developments and waivers or reductions of development fees where feasible and necessary.

Planning Department Annually As a part of annual budget development conduct an
analysis of fees collected for
recent multifamily housing
projects and compare it to the
actual time it took for plan check
and inspections by staff and
outside consultants.

Program 5.3: Incentivize the development of affordable and special needs housing on identified housing opportunity sites.

Action 5.3a: Establish an Affordable Housing Overlay
District in the Zoning Code for properties zoned SPD, C-3, and R-3 to incentivize the development of affordable
housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a
specified percent of units as affordable to low, very lowincome, or extremely low-income households. In addition, the Town will waive the rezoning fees for property owners’ requests to be rezoned within the Affordable Housing
Overlay District to incentivize affordable housing
creation.Establish an floating Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing throughout San Anselmo by allowing, through a nondiscretionary, administrative approval
process, greater building height (3+ stories), density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a
specified percent of units as affordable to low and very lowincome households. The nondiscretionary, administrative approval process will utilize objective design standards, as detailed in Actions 3.1b and 3.2a.

Planning Department Summer 2025 As a part of a full Zoning Code update, adopt an Affordable
Housing Overlay District.

Action 5.3b: Conduct a study to determine the appropriate amount of incentive and percent requirement of units
affordable to low-, and very low-, and extremely low-income households for the Affordable Housing Overlay District to accommodate private development of affordable housing that does not require subsidy. Consider increasing incentives for affordable units with three or more bedrooms.

Planning Department Summer 2024 Prior to the commencement of a full Zoning Code update, conduct
a study to determine the
appropriate amount of incentive
and percent requirement of units
affordable
to low-, and very low-, and
extremely low-income
households for the Affordable
Housing Overlay District,
especially affordable units with
three or more bedrooms.

Action 5.3c: Apply resale controls and rent and income
restrictions to ensure that affordable housing provided through incentives and as a condition of development approval
remains affordable over time to the income group for which it is intended. Inclusionary units shall be deed-restricted to maintain affordability on resale to the maximum extent possible (at least 55 years).

Planning Department Summer 2025 As a part Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for affordable units to be deed
restricted to the income group for
which it is intended.

Program 5.4: Modify fees and reduce costs for affordable housing projects.

Action 5.4a: Develop a policy to waive a percentage of
project review, permit, and impact fees based on the project’s level of affordability, up to a maximum of 50 percent for 100 percent affordable housing development projects.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, assess the impact
of waiving a percentage of
project review, permit, and
impact fees based on the
project’s level of affordability
and pass waiver allowances, as
appropriate.

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Action 5.4b: Evaluate requirements for on or offsite
improvements to determine which are feasible to minimize or eliminate in order to reduce construction financing costs for affordable housing development projects.

Planning Department Summer 2025 As a part of a full Zoning Code update, evaluate requirements
for on or offsite improvements
to determine which are
feasible to minimize or
eliminate in order to reduce
construction financing costs
for affordable housing
development projects.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Program 5.5: Establish an Affordable Housing Impact Fee Program.

Action 5.5a: Conduct a nexus study to support the
establishment and structure of an Affordable Housing
Impact Fee to be levied upon new, above moderate- income housing development and to research and identify funding mechanisms to subsize underground utilities for affordable housing development.

Planning Department Fall 2024 Hire a consultant to conduct a nexus study to support the
establishment and structure of an
Affordable Housing Impact
Fee and identify funding
mechanisms for undergrounding
utilities for affordable housing
developments.

Action 5.5b: Review best practices and sample ordinance language for similar Affordable Housing Impact Fee
programs in jurisdictions of similar size and economic and environmental constraints in Marin County and California and funding mechanisms to subsidize undergrounding utilities for affordable housing development.

Planning Department Fall 2024 Direct the hired consultant (Action 5.5a) to review best
practices and sample ordinance
language for similar Affordable
Housing Impact Fee programs
in jurisdictions of similar size
and economic and
environmental constraints in
Marin County and California
and funding mechanisms to
subsidize undergrounding
utilities for affordable housing
development.

Action 5.5c: Draft potential revised ordinance language and conduct community outreach for feedback.

Planning Department Winter 2024 Direct the hired consultant (Action 5.5a) to draft ordinance
language and facilitate public
outreach.

Action 5.5d: Based on the outcomes of Actions 5.5a through

5.5c, present to Town Council for consideration and adoption, language establishing an Affordable Housing Impact Fee
Ordinance.

Planning Department Spring 2025 Direct the hired consultant to revise the draft
ordinance
language per public feedback
received and present the revised
language to Town Council for
consideration and adoption.

Action 5.5e: Upon Town Council approval, establish a
general ledger account for the collection and deposit of Affordable Housing Impact Fee funds.

Planning Department;
Administration and
Finance Department
Spring 2025 Establish a general ledger
account for the collection and
deposit of Affordable Housing
Impact Fee funds.

Program 5.6: Monitor the disposition of publicly owned land for potential future use for housing development.

Action 5.6a: After the adoption of zoning amendments
proposed herein, fund and conduct a Town-owned property study to identify properties which may be suitable for future redevelopment with housing utilizing the revised standards.

Make the findings available to the public and interested developers via the Town’s website.

Planning Department Winter 2023 Conduct a Town-owned
property study to identify
properties which may be
suitable for future
redevelopment with housing
utilizing the revised standards.

Make the findings of the study
available on the online dashboard
(Action 1.3b).

Action 5.6b: Using the findings of the study referenced in Action 5.6a, develop a comprehensive program to support reuse of identified sites for housing purposes.

Planning Department Summer 2024 Establish a program to support reuse of identified sites for housing
purposes utilizing the online
dashboard (Action 1.3b) and
housing related outreach efforts
(Policy 2).

Program 5.7: Amend the Town’s Zoning Code to accommodate higher density and affordable housing.

Action 5.7a: Rezone the R-1 Opportunity Sites to either R-2, or R-3, C-L, C-3, or SPD as shown in Appendix B.

Planning Department Summer 2023 Amend the Zoning Map
and the General Plan
Land Use Designation
Map.

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Action 5.7b: Amend the standards for the R-3 district to allow up to 30 dwelling units per acre. The zoning amendment
will include updating other development standards to
accommodate additional density.

Planning Department Summer 2023 Amended standards for the R-3 district to allow up to 30 dwelling
units per acre.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Action 5.7c: Amend the standards for the C-L district to require 30 dwelling units per acre. The zoning amendment will include updating other development standards to
accommodate additional density.

Planning Department Summer 2023 Adopt amended standards for the C-L district to allow up to 30
dwelling units per acre.

Action 5.7d: Amend the standards for the C-3 district to require 30 dwelling units per acre. The zoning amendment will include updating other development standards to
accommodate additional density.

Planning Department Summer 2023 Adopt amended standards for the C-3 district require 30
dwelling units per acre.

Action 5.7e: Amend the standards for the SPD district to allow up to 30 dwelling units per acre. The zoning amendment will include updating other development standards to
accommodate additional density.

Planning Department Summer 2023 Adopt amended standards for the SPD district to allow up to
30 dwelling units per acre.

Action 5.7f: Establish an inclusionary housing ordinance to require affordable housing be provided as a part of all new multifamily and mixed-use development.

Planning Department Summer 2023 Adopt an inclusionary housing ordinance.

Action 5.7g: Permit low-barrier navigation centers for residents who need housing as a by-right use in areas that the Town has zoned for mixed uses as well as nonresidential zones that permit multifamily land uses persuantpursuant to AB 101.

Planning Department Summer 2023 Reach out to non-profits and affordable housing developers
to provide low-barrier
navigation centers in Town.

Program 5.8: Amend the Town’s Zoning Ordinance to comply with recently adopted state legislation.

Action 5.8a: Amend the Town’s Zzoning ordinance Code
definition of group home in the Zoning Code to ensure
compliance to comply with the Lanterman Disabilities
Services Act.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply
with the Lanterman Disabilities
Services Act.

Action 5.8b: Amend the Density Bonus section of the Zoning Code to comply with AB 1763, SB 1227, AB 2345, AB 682, AB 1551, and AB 2334.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with AB
1763, SB 1227, AB 2345, AB 682,
AB 1551, and AB 2334.

Action 5.8c: Amend the Zoning Code to comply with the
Employee Housing Act.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to
comply with the Employee
Housing Act.

Action 5.8d: Amend the Town’s definition of transitional and supportive housing in the Zoning Code to ensure
compliance with State law and allow them in all zoning
districts that allow residential uses in accordance with AB 2162.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with AB
2162 and other State
law pertaining to transitional and
supportive housing.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with
SB 2 and AB 139.

Program 5.9: Streamline the project review process for housing-related applications.

Action 5.9a: Continue to utilize permit tracking software that is streamlined, user-friendly, web-based, and accessible to applicants 24-hours/day, 365 days/year.

Planning Department Annually Conduct an annual
assessment of the Town’s
permit tracking software to
ensure it continues to be
streamlined and user-friendly.

Action 5.9b: Update all housing development-related
application forms to ensure accuracy, clarity, and compliance with all State statutes, including the California Housing Accountability Act and Housing Crisis Act of 2019 (SB 330).

Planning Department Summer 2023 Adopt updated housing
development-related
application forms to ensure
accuracy, clarity, and
compliance with all State
statutes, including the
California Housing
Accountability Act and Housing
Crisis Act of 2019 (SB 330).

Action 5.9c: Continue to evaluate and improve the
streamlined processing system to facilitate residential development.

Planning Department Annually Conduct an annual
assessment of the Town’s
permit tracking software to
ensure it continues to be
streamlined and user-friendly.

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Action 5.9d: Utilize CEQA exemptions for infill development sites to shorten the entitlement review time.

Planning Department Case-by-case basis As a part of initial application review, assess whether CEQA
exemptions can be utilized.

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Town
Lead
Completion
Time Frame Quantifiable Metric
Action 5.9e: Evaluate and update the design review findings in the Zoning Code to be objective in order to remove barriers to housing development.

Planning Department Summer 2024 Update the Zoning Code to remove subjective design review
findings.

Policy 6. Promote the Construction and Affordability of Accessory Dwelling Units (ADUs) Program 6.1: Adopt pre-approved ADU plans to expedite approval and lower costs associated with ADU construction.

Action 6.1a: Conduct community outreach to determine the preferred ADU design style of San Anselmo residents.

Planning Department Summer 2024 Facilitate at least one in-person event and conduct web-based
community outreach to determine
the preferred ADU design style of
San Anselmo residents. The inperson and online engagement will be scheduled, formatted, and
located to be accessible and
convenient for community
members, both in person and
online. The online outreach will use
communication techniques to
assist those without time to ability
to attend in person
meetings.Facilitate in-person and
web based community outreach to
determine the preferred ADU
design style of San Anselmo
residents.

Action 6.1b: Adopt sample ADU plans for the construction of ADUs throughout San Anselmo, based on the feedback received from Action 6.1a.

Planning Department Fall 2024 Based on the feedback received during outreach (Action 6.1a)
develop ADU plans.

Action 6.1c: Work with the various Town departments to preapprove the ADU plans.

Planning Department;
Building Department;
Public Works
Department
Fall 2024 Pre-approve the ADU plans
developed as a part of Action 6.1b.

Facilitate the creation of 20 ADUs
annually throughout the town, with
particular emphasis on geographic
areas identified as racially
concentrated areas of affluence to
increase housing opportunities for
minority and lower and moderateincome households in these neighborhoods.Pre-approve the
ADU plans developed as a part of
Action 6.1b.

Program 6.2: Further streamline the ADU and JADU permitting process.

Action 6.2a: Assess the feasibility of waiving all fees associated with ADU permitting when the property owner
deed restricts their ADU to be rented at rates affordable to extremely low- and very low-income households.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, assess the impact
of waiving fees associated with the
development of deed restricted
affordable ADUs and pass waiver
allowances, as appropriate.

Action 6.2b: Establish an ADU Review Team comprised of
representatives from the Town’s various departments
including Planning, Fire, and Public Works and conduct
regular weekly meetings to ensure efficient review of ADU applications.

Planning Department Summer 2023;
Weekly
Establish the ADU review team.

Conduct weekly meetings to
review ADU applications,
prioritizing review of permits for
ADUs proposed in geographic
areas identified as racially
concentrated areas of affluence
to increase housing opportunities
for minority and lower and
moderate-income households in
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these neighborhoods.Conduct
weekly meetings to review ADU
applications.

Action 6.2c: Continue to incentivize ADUs and JADUs to be constructed along with new single-family detached housing by allowing concurrent permit review and approval.

Planning Department Case-by-case basis Inform property owners of ADU allowances and
streamline permitting when
applications for new home
construction and rehabilitation
are received.

Action 6.2d: Consider allowing objective, administrative exceptions for specified zoning standards, such as maximum lot coverage, to accommodate ADUs and JADUs.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an Administrative
Exceptions process to allow for
ministerial approval of minor
variances for specified zoning
standards, such as maximum lot
coverage, to accommodate ADUs
and JADUs.

Action 6.2e: Enhance the Town’s Summary Guide to ADUs
to include diagrams, calculators, and other tools to help walk residents through the ADU/JADU permitting process.

Planning Department Spring 2024 Hire a consultant to develop an interactive web-based tool
to guide residents through
the ADU construction process
in a streamlined and userfriendly manner.

Once established, the webbased tool will facilitate the creation of 10 additional
ADUs annually throughout
the town, with particular
emphasis on geographic
areas identified as racially
concentrated areas of
affluence to increase housing
opportunities for minority and
lower and moderate-income
households in these
neighborhoods.

Action 6.2f: Establish an ADU/JADU Information and
Resources webpage on the Town’s website.

Planning Department;
Communications
Spring 2023 Update the Town’s website to
include an ADU/JADU Information
and Resources webpage and
update it on an as-needed basis.

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Town
Lead
Completion
Time Frame Quantifiable Metric
Program 6.3: Allow one JADU and multiple ADUs on lots one acre and larger in the R-1, R-1C, and R-1H districts.

Action 6.3a: Review best practices and sample ordinance language for similar multiple attached or detached ADU
programs in jurisdictions of similar size and economic and environmental constraints in Marin County and throughout the state.

Planning Department Summer 2025 As a part of a full ordinance update, review best practices
and sample ordinance
language for similar multiple
attached or detached ADU
programs.

Action 6.3b: Based on the findings of Action 6.3a, draft potential ordinance language facilitating allowing a maximum of two ADUs (attached or detached) and one JADU on lots one acre and larger within the R-1, R-1-H, and R-1-C districts and conduct community outreach for feedback.

Planning Department Summer 2025 As a part of a full ordinance update, draft potential
ordinance language facilitating
allowing a maximum of two
ADUs (attached or detached)
and one JADU on lots one acre
and larger within the R-1, R-1-
H, and R-1-C districts and
conduct community outreach
for feedback.

Action 6.3c: Present to Town Council for consideration
and adoption, language allowing a maximum of two ADUs
(attached or detached) and one JADU on lots one acre and larger within the R-1 district.

Planning Department Summer 2025 As a part of a full ordinance update, present to Town Council
for consideration and adoption,
language allowing a maximum of
two ADUs (attached or
detached) and one JADU on lots
one acre and larger within the
R-1 district.

Action 6.3d: Amend the Zoning Code to allow ADUs and
JADUs on parcels that use both the authority contained
in Government Code Section 65852.21 and the authority
contained in Government Code Section 66411.7.

Planning Department Summer 2025 As a part of a full ordinance update, amend the Zoning
Code to allow ADUs and
JADUs on parcels that use both
the authority contained in
Government Code
Section 65852.21 and the
authority contained in
Government Code Section
66411.7.

Action 6.3e: Conduct a study of jurisdictions of similar size and economic and environmental constraints in Marin County and throughout the state to evaluate the feasibility of deed restrictions for ADUs. Based on this study, consider modifying requirements to implement these changes as appropriate.

Planning Department Fall 2025;
Winter 2025
After the completion of the full
Zoning Code update, assess
the feasibility of deed
restrictions for ADUs.

Present to the Town Council the
feasibility study and options for
implementation.

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254 San Anselmo Housing Element | Policies, Programs and Actions Prepared by Houseal Lavigne
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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Policy 7. Provide Housing for Special Needs Populations that is Coordinated with Support Services Program 7.1: As appropriate, assist service providers to link together services for special needs populations to provide the most effective response to persons experiencing homelessness or at risk of homelessness, youth needs, farmworkers, seniors, persons with disabilities and developmental disabilities, substance abuse problems, HIV/AIDS, and multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers.As appropriate, assist service providers to link together services for special needs populations to provide the most effective response to persons experiencing homelessness or at risk of homelessness, youth needs, seniors, persons with mental or physical disabilities, substance abuse problems, HIV/AIDS, physical and developmental disabilities, multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers.

Action 7.1a: Identify, evaluate, and implement strategies to reduce the number of individuals experiencing homelessness both Town and Countywide in partnership with the Marin
County Health and Human Services, the Marin Homeless
Continuum of Care (CoC), social service providers, and nonprofit organizations.

Planning Department Winter 2024 Partner with Marin County Health and Human Services, the Marin
Homeless Continuum of Care
(CoC), social service providers,
and non-profit organizations to
develop a regional plan to prevent
and end homelessness.

Action 7.1b: Work with and promote the Marin County Health and Human Services Crisis Stabilization Unit which provides 24-hour service to Marin County residents and visitors
experiencing a mental health crisis.

Planning Department Summer 2023 Update the Town’s website to include information about the
Marin County Health and
Human Services Crisis
Stabilization Unit.

The Town will seek to meet special housing needs through a combination of regulatory incentives and zoning standards.

Actions 5.7a through 5.7 g, 5.3a, and 6.2c contain additional incentives the Town plans to implement.

Planning Department Winter 2024; Annually
thereafter
Seek funding opportunities
beginning in 2024 and annually
each year that follows.

Incentivize and support the
creation of 20 units for those
with special needs to reduce
displacement risk and expand
mobility options.

Program 7.2: Ensure that new multifamily housing includes units that are accessible and adaptable for use by disabled persons in conformance with the California Building Code. This will include ways to promote housing design strategies, allowing seniors to “age in place.” Action 7.2a: Amend the Town’s Zoning Code to allow all
residential care facilities, for the elderly and for persons with a chronic life-threatening illness, both small and large, to be permitted in all multifamily and commercial districts in all zoning districts that allow single family units.

Planning Department Summer 2023 Adopt Zoning Code
amendments to allowse
residential care facilities in all
multifamily and commercial
districts.

Action 7.2b: Work with local non-profits to create a day where volunteers provide free services such as home
repairs and renovations for low-income elderly and disabled homeowners.

Planning Department Annually Establish an annual day where volunteers provide free services
such as home repairs and
renovations for low-income elderly
and disabled homeowners in
partnership with local non-profits.

Program 7.3: Continue to publicize and create opportunities for using available rental assistance programs, such as the project-based Section 8 program and tenant-based Housing Choice Voucher program, in coordination with the Marin Housing Authority (MHA).

Action 7.3a: Continue to support the use of Marin Community Foundation funds for affordable housing and continue to participate in the Housing Stability program administered through MHA.

Planning Department Case-by-case basis;
Annually
Provide letters of support, as
needed, for the use of Marin
Community Foundation funds for
affordable housing.

Reaffirm annually the Town’s
participation in MHA’s Housing
Stability program.

Action 7.3b: Work with the MHA to promote the Housing
Choice Voucher program regularly through public outreach.

Planning Department;
Communications
Summer 2023 Update the Town’s website to
include information regarding
Housing Choice Vouchers and
to promote their acceptance by
landlords and use by residents.

A total of 20 lower- and
Item # 1.13- Attachment 3
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243
moderate-income households
access rental opportunities
with Section 8 housing
assistance to facilitate housing
mobility.

Program 7.4: Actively engage with other jurisdictions in Marin County to support long-term housing solutions for homeless individuals and families in Marin County and implement the Marin County Continuum of Care actions in response to the needs of homeless families and individuals.

Action 7.4a: Allocate funds, as appropriate, for County and non-profit programs providing emergency shelter and related support services.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, consider allocating
funds for County and non-profit
programs providing emergency
shelter and related support
services.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Action 7.4b: Continue to provide resources that support local and regional solutions that meet the needs of individuals experiencing homelessness. Continue to collaborate with other agencies to support shelters and programs, such as Housing First and Rapid Rehousing, and provide housing
resources and opportunities for individuals experiencing homelessness and displacement.

Planning Department Annually As a part of annual budget development, consider
allocating funds to support local
and regional solutions that meet
the needs of individuals
experiencing homelessness.

Program 7.5: Combat homelessness and support re-housing of people experiencing homelessness.

Action 7.5a: Encourage a dispersion of facilities to avoid an over-concentration of shelters for people experiencing homelessness in any given area. An over-concentration of such facilities may negatively impact the neighborhood in which they are located and interfere with the “normalization process” for clients residing in such facilities.

Planning Department Case-by-case basis As needed, advocate for the dispersion of facilities to avoid
an over-concentration of
shelters for people
experiencing
homelessness in any given area.

Action 7.5b: Encourage positive relations between
neighborhoods and providers of permanent or temporary
emergency shelters. Providers or sponsors of emergency
shelters, transitional housing programs and community care facilities shall be encouraged to establish outreach programs within their neighborhoods and, when necessary, work with the Town or a designated agency to resolve disputes.

Planning Department Annually As a part of housing related community outreach (Policy 2),
provide emergency shelters,
transitional housing programs
and community care facilities
with the opportunity to engage
with and build positive relations
with San Anselmo residents.

Action 7.5c: As the opportunity arises, the Town will
participate in the funding of multi-jurisdictional emergency shelter projects such as the Project Homekey project at 1251 South Eliseo Drive and the Homeward Bound of Marin Workforce and veteran Housing project in Novato.

Planning Department;
Administration and
Finance Department
Case-by-case basis As a part of annual budget
development, consider allocating
funds for multi-jurisdictional
emergency shelter projects.

Action 7.5d: Conduct a study to identify appropriate sites in the C-L, C-3, and PF zones with adequate capacity for
emergency shelters in accordance with AB 2339.Conduct a study to identify appropriate locations in residential areas of the community for emergency shelters in accordance with AB 2339.

Planning Department Summer 2024 Engage a consultant to conduct a study to identify appropriate
locations in residential areas of the
community for emergency shelters.

Policy 8: Ensure Responsible Development in Wildland Urban Interface (WUI) Areas Program 8.1: Continue to support Ross Valley Fire Department (RVFD) plan review.

Action 8.1a: Enhance communications to residents regarding the required RVFD plan review.

Planning Department,
Communications
Summer 2023 Update the Town’s website to
provide clarified information
regarding required RVFD plan
review.

Action8.1b: Continue to require all new proposed landscape plans on properties in designated WUI areas to submit a vegetation management plan and receive approval by RVFD.

Planning Department Case-by-case basis Update application requirements to ensure that properties in
designated WUI areas submit a
vegetation management plan
and receive approval by RVFD.

Program 8.2: Continue to support community participation in the National Firewise USA® Recognition Program of the National Fire Protection Association (NFPA).

Action 8.2a: Establish a “Firewise San Anselmo” webpage to provide residents with valuable information about how to stay wildfire ready.

Administration and
Finance Department;
Fire Department
Winter 2023 Update the Town’s website to
include a “Firewise San Anselmo”
webpage.

Action 8.2b: Provide a link on the “Firewise San Anselmo” webpage to access information on which residential property insurance companies may be currently offering discounts for fire hardened homes.

Administration and
Finance Department;
Fire Department
Winter 2023
Establish, post on the “Firewise
San Anselmo” webpage, and
regularly update a list of
insurance companies that offer
discounts for fire hardened
homes.

Action 8.2c: Consider participation in the Firewise USA Community, as recognized by the National Fire Protection Association (NFPA).

Administration and
Finance Department;
Fire Department
Winter 2023
Assess and present to the
Town Council the advantages
and disadvantages of
participation in the Firewise
USA Community program.

Program 8.3: Establish and enforce safety standards for structures and landscaping in WUI areas.

Action 8.3a: Continue to ensure that RVFD reviews proposed plans for all new buildings and major additions to ensure the construction complies with fire access requirements and makes recommendations for modifications to reduce fire
hazards.

Planning Department;
Building Department Case-by-case basis
Update application requirements
to ensure that properties in
designated WUI areas submit
proposed plans for all new
buildings and major additions
and receive approval by RVFD.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Policy 9: Affirmatively Further Fair Housing
Program 9.1: Eliminate discrimination in housing based on age, race, color, religion, sex, marital status, national origin, ancestry, or occupation.

Action 9.1a: Support fair access to housing for all persons without regard to race, color, religion, sex, marital status, national origin, or ancestry.

Planning Department Annually Annually adopt a resolution to support fair access to housing for
all persons without regard to
race, color, religion, sex, marital
status, national origin, or
ancestry.

Action 9.1b: Assemble and promote the distribution of
information to landlords regarding fair housing.

Planning
Department;Department.

Communications
Summer 2023 Update the Town’s website to
include information regarding fair
housing for landlords.

Action 9.1c: Involve Marin County Mediation Services to aid in housing-related problem resolution.

Planning Department Case-by-case basis As needed, involve Marin County Mediation Services to
aid in housing-related
problem resolution.

Action 9.1d: Designate the Town Attorney as the appropriate Town official to receive and administer complaints related to housing discrimination.

Planning Department;
Town Attorney
Case-by-case basis As needed, direct all complaints
related to housing discrimination to
the Town Attorney.

Planning Department Summer 2025 Amend Chapter 13
(Reasonable
Accommodation) of the
zoning ordinance to include
objective findings and
procedures to facilitate
adequate housing conditions
for persons with
disabilitAsdisabilities. a part
of a full Zoning Code update,
remove barriers for the
approval of requests for
reasonable
accommodationy..

Action 9.1f: Provide maximum flexibility in the development of housing for persons with physical disabilities and
developmental disabilities.Provide maximum flexibility in the development of housing for persons with disabilities.

Establish an Administrative Exceptions process to allow for ministerial approval of minor variances for the development of housing for persons with disabilities and developmental disabilities.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an Administrative
Exceptions process to allow for
ministerial approval of minor
variances for the development
of housing for persons with
disabilities and developmental
disabilities.

Assist with the creation of 20 units
for those with special needs,
including those persons with
developmental disabilities, to
reduce displacement risk and
expand mobility options.

Action 9.1g: Ensure that information related to fair housing laws is easily available on the Town’s website and at key Town facilities, including Town Hall and the library.

Planning Department;
Communications
Summer 2023;
Annually
Update the Town’s website to
include information regarding fair
housing law.

Annually work with Marin
County Mediation Services to
make flyers and literature
regarding fair
housing law available at key Town
facilities.

Action 9.1h: Ensure that information related to reasonable accommodations for zoning regulations is easily accessible on the Town’s website.

Planning Department;
Communications
Summer 2023 Update the Town’s website
to include information
regarding reasonable
accommodation.

Program 9.2: Proactively increase access to affordable housing options for historically marginalized and underrepresented groups.

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246
Action 9.2a: Require that any development within the
Affordable Housing Overlay District be marketed to the
disability community and non-English speakers, including new-immigrant and refugee communities.

Planning Department Summer 2025 As part of the Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for affordable units to be
marketed to the disability
community and non- English
speakers.

Action 9.2b: Require that any development within the
Affordable Housing Overlay District prepares and publicizes paper and digital versions of multi-lingual applications, and that all websites containing application information be accessible.

Planning Department Summer 2025 As a part Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for paper and digital versions of
multilingual applications be
made available and accessible.

Table 8.2: Residential Building Permits Issued (2019‐2022) Income
New
Construction1 Rehabilitation1 Conservation/ Preservation1 Extremely
Low‐   0 0 0
Very Low‐   5 0 10
Low‐   6 0 12
Moderate‐   7 0 12
Above
Moderate‐   19 0 54
TOTAL   37 0 88 1 Corresponds to number of Town building permits issued from 2019‐2022.

Table 8.3: Quantified Objectives
Income
New
Construction1 Rehabilitation2 Conservation/ Preservation3 Extremely
Low‐   126 8 10
Very Low‐   127 8 10
Low‐   145 8 12
Moderate‐   121 8 12
Above
Moderate‐   314 8 54
TOTAL   833 40 98 1 Corresponds to RHNA projections.   2 Corresponds to Quantifiable Metric for Action 4.5a. 3 Corresponds to number of Town building permits issued from 2019‐2022.

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247
Item # 1.13- Attachment 3
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248
Item #: 1.14

STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.14
MEETING DATE: May 23, 2023
AGENDA TITLE: Revenue and Expenditure Reports, April 2023 FROM: Jeff Zuba, Finance & Admin Services Director
RECOMMENDATION: Approve the monthly year-to-date Revenue and Expenditure Reports and corresponding activity for the period ending through April 30, 2023.

SUMMARY
Every reporting period end, the Town of San Anselmo presents to the Town Council its operations as shown on the Revenue and Expenditure reports for discussion and approval.

BACKGROUND
The Revenue and Expenditure reports are year-to-date summaries of revenues and expenditures from the Town’s financial system (‘Tyler Incode’) for both the current as well as the prior corresponding fiscal year. These reports include the General Fund’s operations given most of the Town-level operational activities are processed through the General Fund either directly or indirectly. This approval is to be obtained once a month within the fiscal year.

DISCUSSION/ANALYSIS
The revenue and expenditure data through April 30, 2023, is a compilation of all operating activity that is year-to-date for the current and prior fiscal year. These reports are sourced directly from the Town’s financial system, of which a corresponding analysis has been performed identifying the key trends the Town Council should take note of.

Revenues
Overall, through the April 2023 reporting period end, the Town’s General Fund revenue has increased its base relative to the prior year by $0.959M. This is primarily from the increase in property tax and license & permits offset by property transfer tax and 249
Item #: 1.14
transfers in. All other activity is either flat year-over-year or nets correspondingly to an immaterial change—all of which are within management’s expectations.

As shown above, the Town’s overall revenue base increased by $0.959M, driven by Property Tax and Licenses & Permits.
 Property Taxes revenues through April have increased $0.781M compared to the prior period due to increased values on properties from the active real estate market during the Covid-19 pandemic. The Town receives disbursements from the County of Marin for property taxes in December, April, and June.  Sales Tax increased by $0.078M due to continued consumer spending activity.  Property Transfer Tax decreased by $0.069M due to the slowing housing market from rising rates and low inventory. The Town expects to be under budget in this area at the end of the year.
 Franchise Taxes increased by $0.039M due to rate increases by the respective provider and/or consumer activity.
 License & Permits increased by $0.113M compared to the prior period due to continuing construction activity around the Town and the timing of collection for Business License Taxes.
 Intergovernmental increased by $0.86M compared to the prior period due to $0.66M grant reimbursement for the Objective Design and Development Standards.
 Transfers In decreased by $0.035M compared to the prior period due to the Town issuing Pension Obligation Bonds in September 2021 to eliminate its unfunded liability with CalPERS. The previous year’s transfer in the amount included $0.081M from the Recreation Fund to pay its portion of the unfunded payment. In the current year, the transfer from the Recreation Fund was $0.026M. This amount represents the Recreation portion of savings that will be paid to the Pension Trust.

As far as the other revenue streams, these changes either decreased or remained relatively flat year-over-year resulting in an immaterial change.

Expenditures
Overall, through the April 2023 reporting period end, the Town’s General Fund expenditures have increased by $1.3M compared to the prior year. This is primarily from increases in compensation, outside services, debt service, and other expenditures. All Category APR YTD FY23 APR YTD FY22 $ Change % Change
Property Tax 14,919,230.70 14,138,329.10 780,901.60 5.52% Sales Tax 1,048,992.68 1,039,005.14 9,987.54 0.96%
Property Transfer Tax 61,162.00 130,982.00 (69,820.00) -53.31% Franchise Taxes 653,408.78 614,333.96 39,074.82 6.36%
Licenses & Permits 1,108,401.33 994,671.25 113,730.08 11.43% Fines 59,084.73 64,244.01 (5,159.28) -8.03%
Cash & Investment Interest 41,902.74 10,911.16 30,991.58 284.04% Intergovernmental 216,177.02 129,997.51 86,179.51 66.29% Other Fees 251,631.31 243,396.69 8,234.62 3.38%
Transfers In 256,039.25 291,401.83 (35,362.58) -12.14%
Total 18,616,030.54 17,657,272.65 958,757.89 5.43%
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Item #: 1.14
other activity is either flat year-over-year or nets correspondingly to an immaterial change—all of which are within management’s expectations.

As shown above, the Town’s expenditures base overall increased by $1.3M of which is driven by compensation, outside services, debt service, and other expenditures:
 Compensation (Salaries & Wages and Benefits) increased by $0.302M compared to the prior fiscal year primarily due to the 4.5% cost of living adjustment effective July 1, 2022, and one-time lump sum payment to employees in recognition of contributions during the Covid-19 pandemic.  Expenditures relating to CalPERS retirement decreased by $0.650M due to the Town’s required unfunded pension liability payment. The Town issued Pension Obligation Bonds in September 2021 to eliminate its unfunded liability with CalPERS at that point in time. The previous year’s liability payment was $0.665M. The offset for this decrease will be observed in the debt service category for the bond repayment.
 Outside Services increased by $0.950M compared to the previous fiscal year due to the changes in payments for Public Safety JPA’s, housing element, traffic circulation element, and construction project activity.  Debt Service increased by $0.377M compared to the previous fiscal year due to the repayment of the 2021 Pension Obligation Bonds noted above. The bond payments are due in August and February.
 Other Expenditures, Utilities, and Transfers Out increased by $0.414M compared to the previous fiscal year. Due to the change in accounting, utilities, other expenditures, and transfers must be together. In previous years funding for internal service funds was transferred out of the general fund. In fiscal year 22/23, the charge is recognized as an expense in the general fund and revenue in the internal service fund. The increase is due to the cost of insurance (property, liability, and workers’ compensation), and increased transfer amounts to road maintenance and climate action fund.

As far as the other expenditure streams, these changes either slightly changed or remained flat year-over-year resulting in an immaterial change. All other changes are taken together overall immaterial for further discussion and are expected given the Town’s operations.

Category APR YTD FY23 APR YTD FY22 $ Change % Change
Compensation 2,981,502.38 2,679,437.16 302,065.22 11.27% Retirement 198,508.85 845,755.73 (647,246.88) -76.53%
Training 36,565.39 26,229.33 10,336.06 39.41%
Outside Services 10,213,219.09 9,262,704.69 950,514.40 10.26% Maintenance 32,714.80 112,128.96 (79,414.16) -70.82%
Utilities 21,313.45 165,047.95 (143,734.50) -87.09%
Supplies 115,813.31 101,759.09 14,054.22 13.81%
Debt Service 494,248.63 117,132.54 377,116.09 321.96%
Other Expenditure 1,127,359.67 119,422.65 1,007,937.02 844.01% Transfers Out 813,517.00 1,263,517.00 (450,000.00) -35.61% Total 16,034,762.57 14,693,135.10 1,341,627.47 9.13%
251
Item #: 1.14

FISCAL IMPACT
None

GENERAL PLAN CONSISTENCY
Not applicable

ATTACHMENTS
Attachment #1: General Fund Revenue and Expenditure Report by subcategory, April 2023
Attachment #2: Expenditure Report by department, April 2023 252
Item #: 1.15

STAFF REPORT
TOWN OF SAN ANSELMO Item #:1.15
MEETING DATE: May 23, 2023
AGENDA TITLE: Proclamation Declaring the First Friday in June, June 2, 2023, to be National Gun Violence
FROM: Serge Avila, Town Clerk

RECOMMENDATION
Staff recommends that the Town Council adopt a proclamation declaring the first Friday in June, June 2, 2023, to be National Gun Violence Awareness Day.

BACKGROUND/DISCUSSION
A request was received from San Rafael May Kate Colin, sent to Marin’s 11 City/Town Mayors, requestion that Marin jurisdictions consider adopting Proclamations in support of Gun Violence Awareness Day. Local residents who participate in Moms Demand Action sent a similar request, as well. Gun Violence Awareness Day is observed on the second Friday in June, this year the date is Friday, June 2, 2023.

Mayor Colin and Moms Demand Action are encouraging all Marin cities and towns to support their effort to raise awareness by issuing a Proclamation. Mayor Colin asked, “Did you know that we are 89 days into 2023 and the nation has already had 128 mass shootings? This statistic saddens and angers me which is why I'm reaching out to all local Mayors and inviting your participation to act.” Her email was written on March 30, 2023. As of the writing of this staff report, May 18, 2023, there have now been 224 documented mass shootings in the United States (data from Gun Violence Archive) Additionally, the correspondence encouraged participation in the Marin County Office of Education’s outreach regarding gun safety social media campaign (see MCOE’s gun safety resource page here), and that elected officials consider participating in the County of Marin’s Gun Safety Collaborative, launched in 2021 by Marin County District Attorney Lori Frugoli.

FISCAL IMPACT
None.
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Item #: 1.15

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

ATTACHMENTS
1) Draft Proclamation
254
Item # 1.15- Attachment 1
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PROCLAMATION
The Town of San Anselmo is pleased to
DECLARE THE FIRST FRIDAY IN JUNE 2023 TO BE

NATIONAL GUN VIOLENCE AWARENESS DAY
This proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the Town of San Anselmo to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to end this public health crisis.

WHEREAS, every day, more than 120 Americans are killed by gun violence and more than 200 are shot and wounded, with an average of more than 17,000 gun homicides every year; and
WHEREAS, Americans are 26 times more likely to die by gun homicide than people in other high income countries; and
WHEREAS, California has 3,253 gun deaths every year, with a rate of 8.1 deaths per 100,000 people, a crisis that costs the state $41.9 billion each year, of which $1.1 billion is paid by taxpayers. California has the 45th highest rate of gun deaths in the US; and WHEREAS, gun homicides and assaults are concentrated in cities, with more than half of all firearm related gun deaths in the nation occurring in 127 cities; and WHEREAS, cities and towns across the nation, including San Anselmo, are working to end the senseless violence with evidence-based solutions; and
WHEREAS, protecting public safety in the communities they serve is a mayor’s highest responsibility; and
WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-inhand with keeping guns away from people with dangerous histories; and WHEREAS, mayors and law enforcement officers —in partnership with local violence intervention activists and resources —know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and
WHEREAS, gun violence prevention is more important than ever as we see an increase in firearm homicides, and nonfatal shootings across the country, increased calls to domestic violence hotlines, and an increase in city gun violence; and WHEREAS, in January 2013, Hadiya Pendleton was tragically shot and killed at age 15; and on June 2, 2023, to recognize the 26th birthday of Hadiya Pendleton (born: June 2, 1997), people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to –
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Item # 1.15- Attachment 1
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(1) Hadiya Pendleton and other victims of gun violence; and (2) the loved ones of those victims; and
WHEREAS, the idea was inspired by a group of Hadiya’s friends, who asked their classmates to commemorate her life by wearing orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods, and orange is a color that symbolizes the value of human life; and
WHEREAS, anyone can join this campaign by pledging to wear orange on June 2nd, the first Friday in June in 2023, to help raise awareness about gun violence; and WHEREAS, by wearing orange on June 2, 2023 Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors; and WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them, and encourage responsible gun ownership to help keep our families and communities safe.

NOW, THEREFORE, I Steve Burdo, Mayor of The Town of San Anselmo, do hereby Proclaim The First Friday In June, June Second Two Thousand Twenty-Three To Be:

NATIONAL GUN VIOLENCE AWARENESS DAY
In the Town of San Anselmo. I encourage all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives. .
_______________________________________
Steve Burdo, Mayor
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Item # 2.1 Page 1 of 10

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 2.1
MEETING DATE: May 23, 2023
AGENDA TITLE: Introduction and first reading of Amendments to the San Anselmo Municipal Code adding Chapter 21 “Affordable Housing” to Title 10 “Planning and Zoning”, which amendment would establish an inclusionary housing program and an affordable housing fund, adoption of a resolution recommending Town Council adoption of implementing regulations regarding inclusionary affordable housing requirements and program regulations, and adoption of a resolution recommending Town Council adoption of in-lieu affordable housing fees and commercial/nonresidential linkage fees. The Ordinance would apply town wide. The proposed ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

FROM: Heidi Scoble, Planning Director
Emily Longfellow, Assistant Town Attorney

RECOMMENDATION

1. That the Town Council hold a public hearing to consider the Ordinance Amendment.

2. Motion to read the Ordinance Amendment by title only. The Town Manager will read the full title of the Ordinance.

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

4. Adopt a Resolution implementing Affordable Housing Requirements and Program Regulations.

5. Adopt a Resolution establishing affordable housing in-lieu fees and nonresidential/commercial linkage fees.

BACKGROUND
Introduction.

Staff is recommending the adoption of a group of inclusionary housing policies that will promote and provide affordable housing in the Town of San Anselmo. As explained further below, these policies and related fees were developed in conjunction with 5 other Marin jurisdictions working with a consultant team to establish common inclusionary requirements among the jurisdictions.

The policies are critical to providing housing to households of all income levels within the Town 257
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of San Anselmo, are necessary for the Town to achieve its Regional Housing Needs Allocation objectives and will implement policies in the Housing Element. The policies are designed to work in conjunction with each other to help alleviate the housing crisis that exists throughout the State and in the Town.

Summary of Inclusionary Housing.

Inclusionary housing ordinances and policies and related in-lieu affordable housing fees and nonresidential/commercial linkage fees, are tools to increase affordable housing within a jurisdiction.

Inclusionary housing requirements (or inclusionary zoning) aim to increase the supply of affordable housing that is deed-restricted for lower-income households by requiring private housing developers to include a certain percentage of affordable units in a market rate housing development project, effectively integrating affordable housing units into market rate developments. Inclusionary provisions include setting the minimum project size and number and level of affordable units required. Inclusionary requirements also help a jurisdiction satisfy its Regional Housing Needs Allocation (RHNA) for units at various affordability income levels.

State law also requires alternative(s) to providing on-site inclusionary units for rental projects, and it is considered a best-practice to consider alternatives regarding for-sale units. Alternatives can include in-lieu fees, off-site construction, and land dedication.

Affordable housing in-lieu fees and non-residential/commercial linkage fees promote affordable housing by providing monies to an affordable housing fund, which are used to promote, procure, and facilitate affordable housing within a community.

Housing Element Consistency.

Both the Town’s current Housing Element and the Draft Housing Element that has been submitted to HCD provide programs and actions for the adoption of inclusionary housing policies.

The Town’s 2015-2023 Housing Element includes a policy to consider adoption of inclusionary requirements. For example, policy Program H3.C would establish inclusionary requirements and adoption of an inclusionary ordinance. (2015-2023 Adopted Housing Element, p. 71, 111, 125.) The 2015-2023 Housing Element also includes a program to establish an Affordable Housing Fund that would include inclusionary in-lieu fee payments. (2015-2023 Adopted Housing Element, 120 127.)
Importantly, the proposed Inclusionary Housing Ordinance Amendment, regulations, and associated fees are consistent with, and implement, the Draft Housing Element (2023-2031) that has been submitted to HCD. For example, Action 5.7f of the Draft Housing Element, addressing “Fair Housing” provides that the Town will, “[e]stablish an inclusionary housing ordinance to require affordable housing be provided as part of all new multifamily and mixed-use development.”1 Adoption of the proposed Ordinance Amendment and related fees will be an important step in the implementation of the Town’s updated Housing Element.

1 Further background information regarding inclusionary housing ordinances may be found in the Draft Housing Element (2023-2031), pages 109-110.
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Grant Funding.

In 2019, the Town was awarded a grant pursuant to California Senate Bill 2 (SB 2 Grant) to work with 5 other Marin jurisdictions on various housing-related issues, including the development of common inclusionary policies, and associated in-lieu and commercial linkage fees. Participating jurisdictions included: Corte Madera, Fairfax, Unincorporated County of Marin, Larkspur, San Rafael, and Sausalito. Of these, only Fairfax and San Anselmo currently do not have existing inclusionary policies.

The collaboration among Marin cities, towns, and the County has resulted in significant staff and consultant-cost savings, with the County of Marin taking a lead role. Moreover, the collaboration has helped ensure a cohesive and consistent approach throughout participating Marin jurisdictions providing predictability for stakeholders including housing developers.

Under the terms of the SB 2 Grant, the Town must adopt an inclusionary housing ordinance, and associated fees and policies by June 30, 2023. Former Planning Director Simonian and current Planning Director Scoble have participated in the Marin County Planning Director Housing Working Group to represent the Town’s interest and collaborate on housing issues, including the inclusionary housing ordinance, policies, and associated impact fees.

SB 2 Grant funds were also used to produce nexus fee studies to support the adoption of affordable housing in-lieu and non-residential/commercial linkage fees (see Attachments 4 and 5). The fee studies were conducted by Strategic Economics and Vernazza Wolf Associates (Consultants). The studies include legal support for both the affordable housing inclusionary inlieu fee and the non-residential/commercial linkage fee. Additionally, the Consultants held stakeholder meetings that included market-rate developers, affordable housing developers, and housing advocates. Participating developers indicated that the complexity and variety of inclusionary policies makes housing projects more burdensome because it is difficult to establish project costs. It was suggested that a common inclusionary policy for Marin County jurisdictions would ease roadblocks to housing developments, thereby creating more housing.

AB 602, Fee Study Requirement Satisfied.

Assembly Bill 602 (AB 602) imposes new requirements for housing development impact fees. AB 602 requires an impact fee study that is adopted after July 1, 2022, to either calculate a fee levied or imposed on a housing development project proportionately to the square footage of the proposed unit or make specified findings explaining why square footage is not an appropriate metric to calculate fees. In part, the intent is to allow smaller housing units by making the fees proportional to size, thereby reducing the fee amount. AB 602 also imposes certain procedural adoption requirements, such as adoption of the nexus study at a public hearing with 30 days’ notice.

A development impact fee is defined as a monetary exaction, other than a tax or special assessment, that is charged by a jurisdiction in connection with the approval or a project to defray 259
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the costs of “public facilities” related to the project.2 (Gov. Code, § 66000(b).) Public facilities include public improvements, services, and community amenities. (Gov. Code, § 66000(c).) A nexus study provides the legal findings necessary to impose a development impact fee. Fees are adopted by Resolution.

Affordable housing in-lieu fees are required instead of the provision of on-site affordable units and therefore not considered a development impact fee or subject to AB 602. However, the Nonresidential/commercial linkage fees are considered development impact fees and therefore are subject to AB 602. A Non-residential/commercial linkage fee is a fee imposed on non-residential and commercial development projects. The monies collected from both fees are deposited into an affordable housing fund (described below in this staff report).

The nexus fee studies completed under the SB 2 Grant satisfy the requirement of Assembly Bill 602 (AB 602) and support the non-residential/commercial linkage fee.

Planning Commission Recommendation
On May 15, 2023, the Planning Commission conducted a public hearing regarding the proposed Ordinance Amendment, the Town Council draft Resolution implementing Affordable Housing Requirements and Program Regulation, and the Town Council draft Resolution establishing affordable housing in-lieu fees and non-residential/commercial linkage fees. The Town Council unanimously adopted Planning Commission Resolution No. 2023-08, recommending the Town Council adding Chapter 21, “Affordable Housing” to Title 10, “Planning and Zoning”, of the San Anselmo Municipal Code. The Planning Commission also motioned to request to review any future policies related to the expenditure and distribution of the Affordable Housing Funds.

DISCUSSION
The proposed inclusionary affordable housing policies, which includes alternative means of compliance, for Planning Commission recommendation to the Town Council include:
1) A proposed Ordinance Amendment would add Chapter 21 “Affordable Housing” to Title 10 “Planning and Zoning” to the San Anselmo Municipal Code, which would provide for inclusionary housing requirements, establish an affordable housing fund, and authorize affordable housing in-lieu fees and non-residential/commercial linkage fees “(Ordinance Amendment”); and
2) A Resolution adopting Affordable Housing Requirements and Program Regulations to implement inclusionary policies; and
3) A Resolution adopting affordable housing in-lieu fees and non-residential/commercial linkage fees.

2 A development project fee does not include fees for processing applications and approvals, which are collected in order to cover the costs of processing an application. 260
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A summary of the above policies and regulations are described as follows:

A. Project Size Threshold.

The project threshold size establishes the minimum size of a project in relation to imposing inclusionary housing requirements. Because project costs are typically proportionately higher with smaller projects, the minimum project threshold size should not be so low as to become a disincentive to developer investment but must be sufficient to promote the goals of affordable housing.

Pursuant to collaboration among participating Marin jurisdictions, staff recommends a 2-unit minimum project size threshold. New single-family dwelling units, accessory dwelling units and junior accessory dwelling units (ADU/JADU), and up to one SB 9 unit would not count towards the minimum project threshold.

B. Percentage Affordable/Set-Aside Requirement.

Inclusionary zoning requires housing developers to include a certain percentage of affordable units in a market rate housing development project and/or pay an in-lieu fee or take an approved alternative action. As a policy matter, the percentage required should be high enough to impact housing supply but must not be so high to discourage development.

After analysis, the Consultants working with the participating jurisdictions recommended an inclusionary housing requirement of 20% for both for-sale and rental housing development projects. This is consistent with the requirements of many other jurisdictions in the Bay Area. As such, staff is also recommending a set-aside of 20%.

The affordable/set aside units are based on housing affordability levels and are established by HUD based on a percentage of Area Median Income. For Marin, the following affordability levels apply.3
Current Marin County HUD Affordability Levels
Income Category Percent Median
Income
Annual income
1-person
Annual income
3-person
Annual income
4-person
Very low 50% $63,950 $82,250 $91,350
Low 80% $102,450 $131,750 $146,350
Median 100% $104,700 $134,650 $149,600
Moderate 120% $125,650 $161,550 $179,500

3 https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/income-limits2021.pdf 261
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C. Affordability Targeting.

Affordability targets are based on size and affordability. Affordability targets are also different for rental and for-sale projects. It is common for inclusionary housing policies to target very lowand low-income households for rental housing, and low and moderate income for for-sale housing because it is generally easier for low- and moderate-income households to meet typical lending requirements than very low- and low-income households. Income targets and pricing are defined based on the HUD Area Median Income (AMI) levels for Marin County, as referenced above in Section “B” of this staff report.

For consideration, the proposed affordability targets include 3 project sizes (small, medium, and large) as follows:

Project Sizes Groups:

1. Small – 10 units or less

2. Medium – 11-29 units

3. Large – 30 or more units
This allows for more affordable units in larger projects, without burdening small and medium sized projects as the costs-per-unit is typically higher with smaller or medium projects.

Affordability targets are set forth in the table below. Any fractional unit resulting from calculating the affordable housing unit set-aside may either be rounded to the next whole number, or an inlieu fee paid equal to the calculated fractional unit.

As proposed, a rental housing developer may select between two options, both of which include a total 20% set-aside, whereas for-sale projects do not contain a developer option.

Rental Inclusionary Housing Policy
Two Developer Options to Provide Either Very Low- or Low-Income Units:

Project size Option 1 (20% set-aside) Option 2 (20% set aside) 10 units or less 10% Very low income and 10% inlieu fee*15% Low-income units and 5% in-lieu fee*
11-29 units 10% Very low-income units and
10% moderate income units
15% Low-income units and
5% moderate income units
30 or more units 15% Very low-income units and: 1)
5% moderate income units; or 2)
5% in lieu fee*
10% Very low-income units,
5% low-income units, and 5%
moderate income units
*The Inclusionary nexus study supports an in-lieu fee of $362,817 per unit (based on affordability gap from 90% AMI rental units).
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For-Sale Inclusionary Housing Policy
Project size Policy (20% set-aside)
4 units or less 20% Above moderate-income units
5-29 units 5% Low-income units, 5% moderate income units, 10% above moderate-income units.
5% Low-income units, 10% moderate income units, 5% above moderate-income units.

The target Area Median Income (AMI), which determines the maximum rent or sales price that can be charged for each unit required to be affordable is set forth below. AMI price levels would be consistent for both rental and for-sale units in order to ease implementation. The very-low income of 50% AMI is at the top of the range consistent with State density bonus law. The remaining categories are mid-point within the range.

Target AMIs for Rental and For-Sale Units
Income Category Income Range Target AMI
Rent Level
Target AMI
Sales Price Level
Very low income 30-50% AMI 50% AMI n/a
Low income 50-80% AMI 65% AMI 65% AMI
Moderate income 80-120% AMI 100% AMI 100% AMI
Above moderate income 120-150% AMI n/a 135% AMI
D. Affordable Housing In-lieu Fee and Non-Residential/Commercial Linkage Fee.

An in-lieu inclusionary housing fee is a fee that is paid by the developer instead of constructing the required affordable units. A non-residential/commercial linkage fee is a fee that is imposed on non-residential development to mitigate the housing-related impacts on the community of the non-residential development. These fees are paid into the Affordable Housing Fund, which is dedicated to promoting and facilitating affordable housing within the Town.

As supported by the Consultants studies (see Attachments 5 and 6), the affordable housing inlieu fee was calculated based on the housing affordability gap, which is the difference between what households at different income levels can pay for housing and the cost of developing market rate housing. With respect to for-sale projects, the gap is the difference between annual mortgage costs and monthly housing payments at affordable levels. For rental housing the gap is the difference between market rate rents and affordable rents.

The in-lieu study calculated 3 development types: 1) for-sale single family subdivisions; 2) forsale condominiums; and 3) rental apartment projects. The types were based on recent and proposed projects in Marin and through meetings with developers. The affordable housing in263 Item # 2.1 Page 8 of 10
lieu fee proposed is based on the affordability gap for 90% AMI. Setting the in-lieu fee towards the maximum affordability gap level encourages developers to provide on-site units.

Income level For Sale Gap; SingleFamily SubdivisionFor-Sale Gap; Condominium
Rental Gap
Affordable Housing
In-Lieu Fee
$289.905 $203,088 $362,817
The in-lieu fee will be adjusted to the year-over-year change in the California Construction Cost Index (CCCI). It is recommended that the CCCI is used rather than the Consumer Price Index because the difference of what households can pay is tied directly to construction costs. All inlieu fees shall be calculated and paid at issuance of the building permit for the project.

Non-residential/commercial linkage fees proposed are as follows:

Type of Project Fee per Square Foot of Net New Gross
Floor Area
Office $10
Retail/Restaurant $8 up to 2500 square feet
$10 for over 2500 square feet
Hotel $5
Other Fees Calculated using Excel-Based Fee Calculator.

Related to the commercial linkage fee, the Consultants have developed an Excel-Based Fee Calculator that will calculate a fee based on the net new gross building (floor) area (GBA) area relative to the jobs associated with the use. The Calculator contains a table of the affordability gap by income group calculated by the Excel model. Below is an example of the calculator and the various project information and the corresponding fee. 264
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The fee applies to commercial/non-residential components of mixed-use projects. All in-lieu fees will be calculated and paid at issuance of the building permit for the project. The fee will also be adjusted annually based on the yearly change in the CCCI.

F. Affordable Housing Fund. The proposed Ordinance Amendment includes the establishment of an Affordable Housing Fund (Fund). This Fund is established to receive housing impact fees including affordable housing in-lieu fees and non-residential/commercial linkage fees. The monies deposited into the Fund, along with interested earned, shall be used only to increase and improve the supply of affordable housing in the Town of San Anselmo. The Planning Director is responsible for administering the Fund consistent with the Town Municipal Code and Housing Element and may develop procedures to implement the Fund.

G. Alternative Means of Compliance. It is considered best-practices to include alternative compliance methods regarding for-sale housing projects, and State law requires alternative methods for rental projects. (Gov. Code, §65850(g).) Alternatives to the provision of on-site inclusionary housing units include in-lieu fees (above) and actions such as off-site construction, land dedication and/or the rehabilitation, acquisition, or preservation of off-site units.

Here, alternative methods of compliance include the payment of affordable housing in-lieu fees, donation of land to a housing non-profit, and construction of affordable units on another site.

GENERAL PLAN CONSISTENCY
The proposed Ordinance Amendment and related policies and fees are consistent with, and implement, both the Town’s current General Plan Housing Element (2015-2023) and the Draft Housing Element, which include policies to adopt inclusionary housing policies, adoption of an inclusionary housing ordinance, and adoption of affordable housing in-lieu fees.

CEQA CONSISTENCY
The affordable-housing in-lieu fees and the non-residential/commercial linkage fees are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Amendment will have a significant effect on the environment; and because it is not a “project” under CEQA since a project does not include the creation of a governmental funding mechanism that does not involve any commitment to any specific project (CEQA Guidelines section 15378(b)(4), and this Resolution commits no fees to any specific project.

The Affordable Housing Ordinance Amendment and the Resolution approving implementing regulations are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that they will have a significant effect on the environment; said ordinance and policies will make no changes to land uses, development intensities, or the rate at which development is expected to occur, and therefore will have no significant environmental effect. 265
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ATTACHMENTS

1. Draft Resolution recommending Town Council adoption of Affordable Housing Ordinance Amendment and corresponding draft Ordinance Amendment.

2. Attachment 2- Draft Council Resolution- Affordable Housing Requirements and Program Regulations

3. Attachment 3- Draft Council Resolution- Commercial Linkage Fees

4. Planning Commission Resolution No. 2023-08

5. Inclusionary Program and In-Lieu Fee Study prepared by Strategic Economics and Vernazza Wolfe Associates dated February 10, 2023

6. Commercial Linkage Study prepared by Strategic Economics and Vernazza Wolfe Associates dated February 18, 2023
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San Anselmo City CouncilMay 23, 2023

San Anselmo City Council
May 23, 2023