1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via teleconference
Tuesday, October 24, 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
Emily Longfellow, Assistant Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Dan Mahoney, Interim Fire Chief
A. Call to Order
Mayor Burdo reported that Councilmember Kullaway was attending remotely due to an infectious illness as permitted by AB 2449.
B. Mayor Burdo announced that item B.1 will be discussed in Closed Session B1. Conference with Real Property Negotiators
Government Code Section 54956.8 Conference with Real Property Negotiators Property: APN 005-011-60 Agency Negotiator: Town Manager David Donery Negotiating Parties: Marin Open Space Trust; Mary Conversano Under negotiation: Price and Terms of Payment
C. Public Comment on Closed Session Items
There were no comments.
Council adjourned to Closed Session.
Town Council reconvened at 7:15 PM in the Council Chambers. The optional Pledge of Allegiance was recited.
Open Time for Public Expression
Guy talked about the climate crisis and environmental concerns.
Ms. Sue Saunders stated a tremendous amount of funding is becoming available for home electrification, electric vehicles, and E-bikes.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
2 Vice Mayor Burke thanked Ms. Saunders (the modern version of a “coupon clipper”); she attended the San Francisco Film Festival and viewed a short film about Ms. Laurie Berliner, owner of Imagine Me; the Central Marin Police Authority (CMPA) recently became involved and ended the harassment of a local family by some White Hill students.
Councilmember Fineman reported she attended the MCE meeting; the Marin Wildfire Prevention Authority (MWPA) Board meeting.
Councilmember Colbert reported he attended a Chamber of Commerce meeting; Biketober Fest; the Ross Valley Fire Board meeting; the Cedars Donor meeting; sat in on a briefing of the I-5/Highway 80/Highway 101 Interchange meeting; thanked the CMPA Student Resources Officer (SRO) for the work done regarding a local family and White Hill students.
Councilmember Kullaway stated she would give her report in the future.
Mayor Burdo reported he attended the Circle of Giving Luncheon at Cedars; a Ross Valley Fire Board meeting; a Local Agency Formation Commission (LAFCO) meeting; there will be a Yellow Bus JEPA meeting on November 7th; kudos to CMPA for the great work!
Special Presentation
Mayor’s Proclamation Recognizing Cedars for their Excellent Work on Supporting Individuals with Developmental Disabilities.
Mayor Burdo read the Proclamation and thanked everyone involved at Cedars.
1. Consent Agenda
1.1 Approved the Draft Minutes of the Town Council Meeting- October 10, 2023
1.2 Consideration of Special Event Application- Community Hanukkah Celebration and Menorah Lighting Ceremony 2023
1.3 Quarterly Treasurer’s Investment Report, September 2023
1.4 Receive Climate Action Quarterly Update
1.5 Revenue and Expenditure Reports, September 2023
Mayor Burdo opened the meeting to public comments.
There were no comments.
Mayor Burdo closed the meeting to public comments.
M/s, Colbert/Burke, Motion to approve the Consent Calendar.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
2. Council Business Items
2.1 Receive report and provide direction to staff whether to consider a Rent Stabilization Ordinance and Eviction Protection Ordinance beyond the Tenant Protection Act (AB 1482)
3 Town Manager Donery, Planning Director Scoble, and Finance Director/Admin Srvs. Director Zuba presented the staff report. Staff and Town Attorney Emily Longfellow answered questions from the Council regarding the applicability of different ordinances; what existing and proposed ordinances cover; if Accessory Dwelling Units (ADU) would be covered; the Costa Hawkins Act; pre and post 1995 units; an appeal process; what constitutes a fair and reasonable return on property; subleasing, master tenants, and relocation payments; if long-term relocation assistance could kick in sooner than 12 months; extra assistance to protected people including landlords; number of duplexes or single family home renters; if the staff of jurisdictions listed in the staff report were contacted; exemptions; what is considered a “unit” at deed restricted properties such as The Tam House; the registry fee; anti-retaliation clause and how “retaliation” is defined.
Mayor Burdo opened the meeting to public comments.
Mr. Ford Greene urged the Council to conduct an empirical evaluation of present day context.
He did not want to see this issue on a ballot and urged the Council to avoid this from happening.
The following individuals spoke in support of a Rent Stabilization Ordinance and Eviction Protection Ordinance: Ms. Sarah Chappelle, Ms. Chris LaClaire, an affiliated member of the California Alliance for Retired Citizens; Ms. Wendy Todd; Ms. Lisa Robechek; an individual who does not feel safe in her apartment; Mr. Chris Bright; Mr. Kurt Reese; Ms. Peggy Cass; Mr. Joe McGarry; an individual who lived in Woodside; Mr. Johnson; Ms. Lucy Hawkins; Pat; Victor; Ms.
Maddie Hershfield; Kyle.
The following individuals spoke in opposition to a Rent Stabilization Ordinance and Eviction Protection Ordinance: a member of the Chamber of Commerce; Ms. Katie Hogan; Mr. John Rushworth; Mr. Todd Greenberg; Donald.
The following individuals would like the issue placed on an upcoming ballot; Mr. John Falcone; an individual who lives on Lincoln Park; Lori; Victor.
Mr. Kevin Curtis discussed exemptions for deed restricted units, an appeal process for landlords, and metrics.
Sherman stated they need to think about the totality of the system and the environment.
Mr. Tim Ecke asked the Council to go slow and not kill the “mom and pop” landlords.
Ms. Peggy Cass discussed the difference between corporate vs. “mom and pop” landlords.
Romeo, representing Marin Realtors, urged the Council to continue to seek input from housing providers.
Mr. Philip Salivary stated the Costa Hawkins Act could be rewritten at any time. He discussed Fairfax regulations and the cost of litigation.
Mr. Michael Sexton stated people live in Marin because it is beautiful Supply and demand makes Marin housing expensive- not greedy landlords.
Mayor Burdo closed the meeting to public comments.
Councilmember Colbert referred to Question #3 in the staff report and stated government works best when it listens to the people. The people of San Anselmo should decide this issue. He answered “No” to questions #1 and #2. His answer to question #4 is “Yes”. 4 Councilmember Kullaway stated she would like to see this move forward and for the Council to come up with something reasonable that would work for everybody. A cap of 10% on rent is too high and protections should not be a burden for “mom and pop” landlords.
Councilmember Fineman stated the local rent increases from 2009 to 2019 were stark.
Corporatization of the housing stock is a national issue. She is not sure how she feels about putting the issue on the ballot. She wants to continue to solicit feedback.
Vice Mayor Burke disclosed that she owns her house and rents out an attached ADU.
Economics have shown that rent control does not work- it benefits a few lucky tenants and does not promote overall affordable housing or building more housing. It is not the responsibility of property owners to solve society’s ills- these are community problems that should be solved collectively. This should go to the ballot- three people should not decide this issue. She would support rent stabilization but not Just Cause Eviction provisions.
Mayor Burdo referred to the staff report, Question #5 and responded “Sure” but he does not want to wait until 2024. There is a distinction between corporate and “mom and pop” landlords.
He thinks the Council should pass something themselves but whatever they do will probably end up on the ballot. He would like to see staff present a Rent Stabilization Ordinance to the Council.
Vice Mayor Burke stated they might want to piecemeal this and pass a rent cap that they accept and they think residents would accept and put a hold on a Just Cause Ordinance. She does not want to put something on a ballot that is not going to pass- that is in no one’s interest.
Councilmember Kullaway stated there is a problem doing it piecemeal and she was concerned that one will not have the necessary teeth but have the opposite effect. She recited a list of provisions that should be in a Just Cause Ordinance.
Councilmember Fineman stated they should go ahead with a Rent Control Ordinance and adopt it. A Just Cause Ordinance is more challenging.
Councilmember Colbert wanted to be mindful that putting a number around a rent cap would not engender any kind of feedback from landlords.
Vice Mayor Burke recommended a 5% cap with a right of appeal. This is fair and probably would pass.
Mayor Burdo stated he would advocate for 5% or the Consumer Price Index (CPI), whichever is lower.
Councilmember Kullaway supported 5% or 75/% of CPI, whichever is lower.
Mayor Burdo and Councilmember Fineman supported this suggestion.
Councilmembers Kullaway and Fineman stated they would like to move forward with a Just Cause Eviction Ordinance.
Vice Mayor Burke stated she wanted to wait- there is so much more to discuss.
Mayor Burdo stated he would like to see an ordinance similar to Petaluma’s for Council to review including the items discussed by Councilmembers Fineman and Kullaway. 5 Councilmember Colbert stated he would like to understand the costs and the mechanism for implementation. Vice Mayor Burke agreed.
Town Manager Donery stated staff would present a Draft Rent Stabilization Ordinance to the Council sometime soon.
The Council took a 5-minute break at 10:45 p.m.
The Council reconvened in the Council Chambers at 10:50 p.m.
2.2 Receive Staff Report Presented to Ross Valley Fire Board and Consider Recommendation from the Fire Board’s Labor Management Subcommittee Relating to Increased Staffing per the “2022 Staffing/Deployment” Side Letter and Provide Direction to the Town’s Fire Representatives
Town Manager Donery presented the staff report. Interim Fire Chief Mahoney answered a question from the Council regarding if this proposal would have any impact on a possible merger in the future.
Mayor Burdo opened the Public Hearing.
There were no comments.
Mayor Burdo closed the Public Hearing.
The Council supported the Ross Valley Fire Board Labor Management Subcommittee recommendation to fund a third person on one of the Ross Valley Fire Department’s engine companies beginning on July 1, 2024.
Public Hearing
2.3 Resolution Adopting Required Findings Pursuant to Government Code Section 4217 Approving Sole Source Energy Services Contract with EcoGreen Solutions LLC for Energy Efficient Lighting Improvements for Town Owned Facilities and Authorizing Town Manager to Execute Associated PG&E On-Line Loan Financing
Town Manager Donery presented the staff report. There were no questions from the Council.
Mayor Burdo opened the Public Hearing.
There were no comments.
Mayor Burdo closed the Public Hearing.
M/s, Colbert/Burke, Motion to Resolution No. 2023-4520 Adopting Required Findings Pursuant to Government Code Section 4217 Approving Sole Source Energy Services Contract with EcoGreen Solutions LLC for Energy Efficient Lighting Improvements for Town Owned Facilities and Authorizing the Town Manager to Execute Associated PG&E On-Line Loan Financing AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
M/s, Fineman/Burke, Motion to adjourn the meeting at 11:21 p.m.
AYES: Burke, Colbert, Fineman, Kullaway, Mayor Burdo
6 Respectfully submitted,
Toni DeFrancis,
Recording Secretary