1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, July 25, 2023
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo, Mayor
Eileen Burke, Vice Mayor
Brian Colbert
Alexis Fineman
Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Megan Acevedo, Town Attorney
Serge Avila, Town Clerk
Sean Condry, Public Works Director
Heidi Scoble, Planning Director
Lindsey Klein, Associate Planner
Dannielle Mauk, Recreation Director
Open Time for Public Expression
Jalen and Abby talked about the theater group they formed that is for all ages. It includes a local diverse cast.
Ms. Cathy O’Sullivan, Redwood Road, stated she received an invoice for some landslide/ roadwork repair work that was done on a portion of the road that is Town-maintained.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Vice Mayor Burke reported she attended the Arts Commission meeting; the Parks and Recreation Commission meeting; the Ross Valley Fire Board meeting; discussed affordable housing and a Town-owned low-income housing project in Novato; would like to see affordable housing at the Ross Valley School District’s Red Hill site; she received emails regarding the proposed change in the use of some of the paths in Sorich Park Councilmember Kullaway reported she attended the Climate Action Committee’s Transportation Subcommittee; will attend tomorrow’s meeting regarding Sorich Park at 4:00 p.m.; the Marin County Bicycle and Pedestrian Advisory Committee; a meeting of residents on San Anselmo Avenue and staff regarding speeding; discussed a project that makes it easier to get ebikes and strollers up the Alderney stairs; asked the Council to consider adopting the “1,2,3 Bias by Proxy” public awareness campaign at a future agenda. Mayor Burdo stated this should first be discussed by the Racial Equity Committee.
Councilmember Fineman reported she attended the Marin County Council of Mayors and Councilmembers (MCCMC) Climate Action Sub-Committee meeting; the meeting with Senator Mike McGuire, Mayor Burdo, and others (“shout-out” to Mayor Burdo for setting this up).
Councilmember Colbert agreed the “Bias by Proxy” issue should be sent to the Racial Equity 2 Committee; attended the Ross Valley Fire Board meeting; the Boba session on the lawn sponsored by the Library; the presentation for the $30 million grant to electrify Marin Transit buses and the depot; talked about the Sorich trail issue and noted there will be a public process; had questions about what is going on at Memorial Park.
Public Works Director Condry reported on the brown patches of grass at the Memorial Park fields. Staff is consulting with a lawn expert and a landscape architect to solve the problem.
Mayor Burdo reported staff is working on the Redwood Road issue; attended the Town Hall with Senator McGuire which was a great event with over 200 people in attendance; the Ross Valley Fire Board meeting; “Beatles Night” in the Park is scheduled for this Saturday from 6:00 p.m. to 8:30 p.m.; recent “On the Avenue” Events have been great- “shout out” to the Recreation Department; “San Anselmo Night” is coming back to the San Rafael Pacifics on August 1st; he signed on to the Youth Transforming Justice Team (formerly known as the Marin Youth Court) as a Peer Solutions member; he asked that a PowerPoint presentation by two young residents regarding health issue be placed on an upcoming agenda; the Council agreed to this request.
Mayor Burdo stated he would like to rearrange the order of the agenda and switch items #2.2 and #3.1
M/s, Burke/Colbert, Motion to switch agenda items #2.2 and #3.1 AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- June 21, 2023
1.2 Revenue and Expenditure Reports, June 2023
1.3 Receive and Approve the Check Report for the month of June 2023.
1.4 Approve the Designation of Mayor Steve Burdo as the Town’s Voting Delegate at the Cal Cities Annual Conference- September 20-22, 2023
1.5 Receive and File the Climate Action Update Report
1.6 Receive and Approve the Quarterly Treasurer’s Investment Report, June 30, 2023
1.7 Authorize the Town Manager to Approve the Marin IT Management Support Agreement Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
M/s, Colbert/Fineman, Motion to approve the Consent Calendar as submitted.
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo
2. Public Hearings
2.1 Introduction and First Reading of an Ordinance of the Town of San Anselmo Repealing Title 10 Chapter 20, Objective Design Standards for Residential Development, and Replacing with a New Chapter 20, Objective Design and Development Standards and the Objective 3 Design and Development Standards Zoning Map, including Associated Amendments to Section 10-3.1702, definitions and related CEQA Exemption Findings
Planning Director Scoble presented the staff report.
Mr. Bob Brown, consultant, gave a PowerPoint presentation. Associate Planner Klein discussed the objective components of the Town’s Heritage Tree Ordinance. Mr. Brown and staff answered questions from the Council regarding ceiling heights; the Heritage Tree Ordinance; whether the Council could change the ceiling height minimum and move forward tonight.
Mayor Burdo opened the meeting to public comments.
Mr. Jonathon Braun, Scenic Avenue, stated the Building Code minimum ceiling height is 7 feet six inches and the ODDS should reflect this height.
Renee stated the Zoning Map is not consistent with the Land Use Element with respect to the Sunny Hills Parcel.
Mr. Spencer Sais, Sturdevant Avenue, agreed with Mr. Braun. The proposal would add to the expense of construction.
Mr. Guy Meyers discussed mandated housing, the limiting of local control, the need to address environmental concerns, and how to achieve a beautiful planet.
Ms. Stacy Sais agreed with Mr. Braun and Mr. Sais.
Jenny stated she is concerned that the ODDS as written will be overly prescriptive and too restrictive to meet the needs of San Anselmo.
Mr. Johnson, member of the Marin Environmental Housing Coalition, was concerned about the lack of work-force housing. He asked if a nine-foot ceiling height would contribute to affordable housing.
Mayor Burdo closed the meeting to public comments.
Vice Mayor Burke reminded everyone about the RHNA numbers and how the ODDS is one method of establishing some local control over the development of multi-family structures. She supports the ODDS as proposed.
Councilmember Colbert supports the proposed ODDS and thanked the Planning Department and the Planning Commission for the good work. He is comfortable with the nine foot ceiling height.
Councilmember Fineman stated the comments about the ceiling heights pertained to aesthetics and the desire to limit costs. She stated it was a “coin toss”.
Councilmember Kullaway stated she was concerned about the cost of materials and the associated environmental impacts. The overall height of the building with nine foot ceilings would be the same.
Mayor Burdo agreed with Councilmember Fineman and noted there would be off-setting costs. 4 Vice Mayor Burke made a motion, seconded by Councilmember Colbert, to Introduction and Waive First Reading of an Ordinance of the Town of San Anselmo Repealing Title 10 Chapter 20, Objective Design Standards for Residential Development, and Replacing With a New Chapter 10, Objective Design and Development Standards and the Objective Design and Development Standards Zoning Map, including Associated Amendments to Section 10-3.1702, definitions and related CEQA Exemption Findings.
There was a second motion. The Council voted on the second motion.
M/s, Fineman/Burdo, Motion to Introduction and Waive First Reading of an Ordinance of the Town of San Anselmo Repealing Title 10 Chapter 20, Objective Design Standards for Residential Development, and Replacing With a New Chapter 10, Objective Design and Development Standards and the Objective Design and Development Standards Zoning Map, including Associated Amendments to Section 10-3.1702, definitions and related CEQA Exemption Findings, replacing the nine foot minimum ceiling height with an eight foot minimum ceiling height.
AYES: Fineman, Mayor Burdo
NOES: Colbert, Kullaway, Vice Mayor Burke
This motion failed. The Council voted on the first motion.
M/s, Burke/Colbert, to Introduction and Waive First Reading of an Ordinance of the Town of San Anselmo Repealing Title 10 Chapter 20, Objective Design Standards for Residential Development, and Replacing With a New Chapter 10, Objective Design and Development Standards and the Objective Design and Development Standards Zoning Map, including Associated Amendments to Section 10-3.1702, definitions and making associated CEQA Exemption Findings
AYES: Colbert, Fineman, Kullaway, Vice Mayor Burke, Mayor Burdo Mayor Burdo noted this is a living document and the Council will have an opportunity to review it in the future.
3. Council Business Items
3.1 Update on Proposed Process to Solicit Public Input on Options for Tenant Protections Town Manager Donery presented the staff report. Staff answered questions from the Council regarding the reason for breaking up the focus meetings (landlords and tenants); how a “safe space” would be created; if Town staff would facilitate the meetings; if the meetings could be structured so the feedback would be actionable.
Mayor Burdo opened the meeting to public comments.
Joey stated big out-of-town corporations who buy property in Marin County do not care about the property, tenants, or the Town of San Anselmo.
Sara supported Rent Stabilization that protects community members.
Ms. Lucy Dilworth urged the Council to be careful with this issue. It makes sense to let residents vote on the issue.
Mr. Domingo Alvarez stated rents are determined by the value of the property. Rents are high because we live in an expensive community.
5 Ms. Stacy Sais stated she and her husband own one of the “mom and pop” rentals and they focus on the tenants. She urged the Council to determine ahead of time the purpose of the forums, the questions that will be asked, and the problems that need to be solved.
Ms. Mary Hornia stated she liked what she is hearing about process. Diversity in San Anselmo is very important and protecting renters is a bit part of that.
Mr. Curt Reese, Co-Chair of the Marin Chapter of the Democratic Socialists of America, supported rent control. He discussed census information, rent burden, and how this is an urgent issue.
Mr. Spencer Sais applauded the process and stated it should include the possibility of a vote by residents. He asked the Council to consider the law of unintended consequences.
Mr. Ford Greene agreed with Mr. Sais. He is also a “mom and pop” landlord. He discussed the successful petition in Fairfax and noted this needs to be a part of the discussion in San Anselmo. One of the forums should include both sides at the table.
Ms. Catherine Smith stated the fastest growing homeless populations in Marin County are seniors. She was worried about constant rent increases.
Ms. Sara Sweet stated she has moved out of San Anselmo due to increasing rents. She urged the Council to listen to the tenants.
Mr. John Meadows stated he has always struggled finding a place to live in Marin County. He is concerned about others who struggle. He is in favor of Rent Stabilization and Just Cause Eviction Ordinances.
Kate stated it is important to have the people who work in the community also live in the community.
Ms. Pat Johnstone stated she is a “mom and mom” landlord and supports a Rent Stabilization and Just Cause Ordinance. Two forums might not be sufficient.
Ms. Laura Star stated she ran the numbers- the average rent for a one bedroom apartment is $3,093 and economists recommend that housing make up no more than 30% of income. A person would need to make $120,000 per year to comfortably afford a one bedroom apartment.
She cited the income levels for several professions and stated the numbers do not add up.
Ms. Alexis Arguello, representing the North Bay Labor Council, supported Rent Stabilization and Just Cause Ordinances.
Mr. Collins supports rent control across Marin County and a balanced process.
Ms. Jenny Sullivan supports rent stabilization for San Anselmo. She opposed taking this to a vote because it is not the typical legislative process.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert stated they should focus the context of rent control and how to address the displacement of working families in San Anselmo. The process should be robust and not try to presuppose that public comment can be managed.
6 Councilmember Fineman stated it would be important to focus on what already exists and what it is applicable to, what can the Council change, and what the Council should change. The questions raised would be different in a “tenant only” and “landlord only” forum. Residents should be able to submit questions prior to the forums.
Vice Mayor Burke stated she is not sure about holding two, separate meetings. All issues should be addressed including the potential for a vote, “banking” rent raises, the clear divide between “mom and pop” and corporate landlords, and what the Town can and cannot do. She is not interested in what outside organizations think the Town of San Anselmo should do.
Councilmember Kullaway stated she likes the process that is suggested since it would be useful to receive direct questions. She asked if staff could survey the audience on-line for feedback while the meeting is going on.
Mayor Burdon stated clear guidelines should be set prior to the focus meeting. He discussed how this came up and what they will be looking at. He supports more, rather than less, communication.
2.2 Public Hearing to Consider Adopting Amendments to the General Plan Land Use Element and Land Use Designation Map, Adopting a Safety Element, Adopting Amendments to Title 10 (Planning and Zoning) of the San Anselmo Municipal Code and Zoning Map, and make the Associated CEQA Findings
Councilmember Colbert stated he must recuse himself since he lives within 500 feet of one of the zones.
Vice Mayor Burke stated she lives within 300 feet of one of the proposed zoning changes and must recuse herself.
The Council took a break starting at 9:49 PM.
Council reconvened at 9:56 PM.
Planning Director Scoble presented the staff report and a PowerPoint presentation. She answered questions from the Council regarding the properties deemed “suitable” for redevelopment; if property owners are being given more, as opposed to fewer, options; the outreach process for owners of parcels identified for rezoning; if there will be more thorough review of the Safety Element and other General Plan Elements.
Mayor Burdo opened the meeting to public comments.
Mr. Renee Voss thanked the Council for putting the Heritage Tree Ordinance in the ODDS. The upslope side of the Sunny Hills parcel contains the Memorial Ridge Trail. He is helping write the Action Plan to revise the Open Space Element
Mr. Jim Burman opposed putting the 5 West Hillside site on the list for a commercial unit. This is a very short private road that has experienced recent litigation.
Mayor Burdo closed the meeting to public comments.
M/s, Fineman/Kullaway, Motion to read title only the Ordinance of the Town Council of the Town of San Anselmo to Adopt Amendments to Title 10 (Planning and Zoning) of the San Anselmo Municipal Code and Zoning Map and make Associated CEQA Findings of a Negative Declaration.
7 AYES: Fineman, Kullaway, Mayor Burdo
RECUSED: Colbert, Vice Mayor Burke
M/s, Fineman/Kullaway, Motion to Adopt the Resolution Amending the General Plan Land Use
Element and Land Use Designation Map, the Safety Element, and the Associated CEQA Findings.
AYES: Fineman, Kullaway, Mayor Burdo
RECUSED: Colbert, Vice Mayor Burke
M/s, Kullaway/Fineman, Motion to adjourn the meeting at 10:30 p.m.
AYES: Fineman, Kullaway, Mayor Burdo
ABSENT: Colbert, Vice Mayor Burke
Respectfully submitted,
Toni DeFrancis,
Recording Secretary