1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, January 9, 2024
Call to Order: Optional Pledge of Allegiance 7:00 PM
COUNCILMEMBERS PRESENT: Steve Burdo
Eileen Burke, Mayor
Brian Colbert
Alexis Fineman (attending remotely)
Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Emily Longfellow, Assistant Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Lindsey Klein, Senior Planner
Jeff Zuba, Finance Director
Sean Condry, Public Works Director
Councilmember Fineman reported she would be attending remotely due to emergency circumstances.
M/s, Colbert/Burdo, Motion to approve Councilmember Fineman’s remote attendance due to emergency circumstances.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke Mayor Burke read a statement regarding meeting decorum and standards of conduct.
Open Time for Public Expression
Bob discussed a proposal to address the problem of children riding bikes with throttles. He stated current laws should be enforced.
Sara supported Mayor Burke’s statement regarding meeting decorum.
Mr. Gene Eng, San Francisco Boulevard, stated he opposed the proposal to build 90 units near Sorich Park and the sale of the Public Works Corporation Yard. He is not opposed to more affordable housing but it must be sensible.
Ms. Kim Friedman expressed concern about kids doing “wheelies” on ebikes on the main streets. She thanked the Town and the Chamber of Commerce for the Menorah Lighting Event.
Mr. Ken Mayer, Fern Lane, asked the Council for help in the follow-up of his appeal of his Accessory Dwelling Unit (ADU) project.
Ms. Margaret Tunney, Hawthorne Avenue, was concerned about close calls on ebikes- she is afraid she is going to hurt one of the kids.
Council requests for future agenda items; Committee liaison reports; questions and comments 2 to staff; miscellaneous items
Councilmember Burdo reported he spent some time reflecting where they are as a Town and where they are going; there is a Ross Valley Fire Department meeting scheduled for this Friday; he will be attending the League of California Cities Conference this month; attended an event at Kol Shofar Synagogue; he asked staff for a presentation and update from a PG&E representative at a future meeting; the Council agreed to this request.
Councilmember Colbert reported he attended the Gala at Cedars; a Transportation Authority of Marin (TAM) meeting; was elected as President of Marin Transit.
Vice Mayor Kullaway reported that San Rafael has finished its project to provide protected bikeways between the two Towns; there are several legislative bills being considered regarding ebikes.
Councilmember Fineman reported she has no updates but reminded everyone that there are numerous new laws taking effect in January including AB 214 (all gender restrooms) and AB 413 (no parking zones within 20’ of a crosswalk).
Mayor Burke reported the issue regarding whether or not to remain in the Flood Zone 9 District will be on the March ballot; with the help of staff she will be launching a new project called Save the San Anselmo Volunteer Effort; she had a ham in the oven when the power went out on Christmas Day but she was saved by her sister; she placed a poll on NextDoor regarding limiting the age for ebike use.
Public Works Director Condry gave an update on legislation passed by the Council last year including the landscape equipment ordinance.
1. Consent Agenda
1.1 Approved the Draft Minutes of the Special Meeting- December 6, 2023
1.2 Approved the Draft Minutes of the Regular Meeting of December 12, 2023
1.3 Received and Filed the Report on Checks Issued, December 2023
1.4 Received and Filed the 2023-25 Work Plan Priorities Progress Report
1.5 Approve a Resolution No. 2024-4525 authorizing staff to submit an application for the CalRecycle payment program
Mayor Burke opened the meeting to public comments
There were no comments.
Mayor Burke closed the meeting to public comments.
Councilmember Colbert referred to item #1.4 and thanked staff for the update.
M/s, Burdo/Kullaway, Motion to approve the Consent Calendar as submitted.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
Public Hearing
3 2.1 Adopt an Ordinance Amending Title 10 (Planning and Zoning) of the San Anselmo Municipal Code
Senior Planner Klein presented the staff report and gave a PowerPoint presentation. There were no questions from the Council.
Mayor Burke opened the meeting to public comments.
Mr. Ken Mayer, Fern Lane, discussed the Accessory Dwelling Unit law with respect to the definition of “attached”. The State is silent about this issue. He asked for flexibility.
Mayor Burke closed the meeting to public comments.
Councilmember Colbert stated the Council has reviewed this several times and this is simply “clean up”.
M/s, Colbert/Burdo, Motion to adopt Ordinance No. 1184 of the Town Council of the Town of San Anselmo Amending Title 10, Chapter 3, Article 3, Land Use Regulations, Title 10, Chapter 3, Article 4, Development Standards, Title 10, Chapter 3, Article 5, Parking and Loading Regulations, Title 10, Chapter 3, Article 15, Design Review, Title 10, Chapter 3, Article 17, Definitions, Title 10, Chapter 6, Article 2, Procedures and General Requirement, Title 10, Chapter 13, Reasonable Accommodation, and Title 10, Chapter 20, Objective Design and Development Standards to Implement State Housing Law and Clarify or Simplify Existing Regulations.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.2 Discussion on Rent Stabilization.
Town Manager Donery, Finance Director Zuba, and Planning Director Scoble presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the role of the Planning Commission in the appeals process; if utilities are factored in; if each tenant has to have a contract with the utility companies; the cost of an appeal and if a fixed cost is possible.
Mayor Burke opened the meeting to public comments.
Mr. Beneto Chico discussed the meaning and regulation of private property. Proponents should demonstrate that the proposal will improve the situation. This issue should be placed on a ballot.
Ms. Sara Shapiro stated the ordinance should cap rent raises at 60% of CPI or 5%, whichever is lower. Individuals are being forced out of his or her homes.
Ms. Missy Crow asked if the issue regarding the cost and difficulty in obtaining property insurance had been taken into consideration.
Chris, Tunstead Avenue, stated smaller apartment buildings and duplexes should be not excluded.
Mr. Kurt Reese, Co-Chair of the Marin Chapter of Democratic Socialists of America, stated the rental cap is the heart and soul of the ordinance. He urged the Council to pass a cap of 60% of CPI or 5%, whichever is less.
4 Ms. Katy Hogan stated landlords have cost of living increases every year including insurance and utilities that are far greater than the amount proposed in the draft. There are benefits available for rental assistance.
Mr. Michael Sexton, Director of Marinresidents.org., stated the organization is concerned about housing affordability and the ability of seniors to stay in his or her home. Tenant protections are regulated State-wide by AB 1482 and the extra provisions proposed would have negative consequences for so many people. Extra rent control does not solve housing affordability.
Mr. Jack Warner stated he did not have sympathy for landlords but rent control is bad policy.
More housing should be developed through increased densities and height limits.
Ms. Susie Dershowitz, Senior Staff Attorney at Public Advocates, urged the Council to pass a strong rent stabilization ordinance that did not exempt smaller buildings.
Mr. John Bourne stated there is an element to rent control that is a zero sum game. He is concerned about protecting people who live in the community.
Mr. John Knight strongly supported rent stabilization and stated 5% or 60% of CPI was a fair standard.
Ms. Amy Knaff stated she built an accessory dwelling unit (ADU) for rental purposes which was a costly endeavor. She wants to stay in her home and noted that not all landlords are alike.
The issue should be voted on by the residents.
Ms. Wendy Todd supported rent stabilization.
Mr. Todd Greenberg, downtown Fairfax, stated mandates often have severe repercussions and they need to think about the whole equation. He encouraged incentivizing lower cost housing as opposed to limiting, prohibiting, and adding costs
Mr. Tim Ecke, Fairfax, stated as a landlord he does not have a problem with a cap on rents. He supported putting the issue on a ballot.
Maury stated he is not sure why a triplex would not be included. He might have to move when he retires in May.
Ms. Margaret Tunney stated the proposed provisions are punitive and this issue should go on a ballot. There should be more government assistance for renters.
Ms. Joey Davis stated this should not freak you out if you are a great landlord.
Mr. Colin Dylan supported the rent cap and keeping people in Town. There should be a way to support “mom and pop” landlords.
Mr. Steve DeMartini stated there is current legislation and he opposed another layer of bureaucracy. The issue should go on a ballot.
Mr. Jake Shumato had questions about how this would work in terms of a Rent Board, fees, hiring consultants, a capital expense pass-through, etc. More housing is needed in the community.
Ms. Fran Farmer stated the entire Town should vote on this issue. 5 Ms. Maddie Hirschfield, North Bay Labor Council, supported the proposal and 60% of CPI or 5%, whichever is lower.
Ms. Lucy Hollingsworth discussed her work with rental assistance and supported the proposal Mr. Johnson Reynolds supported the proposal and 60% of CPI or 5%, whichever is lower.
Kate supported the proposal and 60% of the CPI. It should apply to all units.
Maddie state income inequality is the highest it has been since 1928 and there are people in society in vulnerable positions.
Mr. Romeo Marietto, Marin Association of Realtors, stated a healthy community needs a mix of housing opportunities. Setting a cap that is too low or an appeals process that is too burdensome can make it difficult for people who want to provide a rental home.
Mr. Victor Turken stated this is an attempt to fix a messed up housing policy that makes it difficult to develop. He urged the Council to allow the citizens to vote on this issue.
Angie suggested regulating the corporate and not the “mom and pop” units. Many homeowners who rent out units are senior citizens or disabled individuals to help make ends meet. Not all renters are low-wage workers.
The Council took a 5-minutes break at 9:15 p.m.
The Council Reconvened in the Council Chambers at 9:24 p.m.
Mayor Burke closed the meeting to public comments.
Vice Mayor Kullaway stated she would like to see 60% of CPI or 5%, whichever is less. She would like to see the Planning Commission doing appeals as a pilot with a less onerous appeals fee. This should not apply to single-family homes but owner-occupied duplexes should be included. She would like to discuss utility meters. The Council should make a decision tonight.
Councilmember Fineman stated the Council regulates property rights all the time. She is in favor of rent control but noted there is a difference between the “mom and pop” landlords and the corporate owned properties. She thought that 3% and above made sense. The appeals fee should be discussed more. She would like to see policy language regarding utility metering and discuss what issue should or should not go on a ballot.
Councilmember Colbert stated this issue should be placed on a ballot with a robust, community process about what should be on that ballot.
Councilmember Burdo stated he would like to adopt a policy on the Council level that helps everybody and that everybody is good with. This issue should not be viewed solely from an economic lens. A good starting point for discussion would be a rent cap of 60% of CPI or 5%, whichever is less. He is open for debate about applicability but is leaning toward triplexes and up. The appeal fee should be lower. The base rent should be the June date.
Mayor Burke stated this is an appropriate issue for the ballot. She would like to hammer something out now. Landlords would lose money or tread water if the cap was 60% of the CPI or 5%. Being a landlord is a business and a rate of return is expected. There should be an annual increase, perhaps 5%, plus a percentage of the CPI with a cap. She is thinking about applying this to three or more units since it would carve out “mom and pop” landlords 6 Mayor Burke asked for a poll on a rental cap that could be agreed upon.
Councilmember Colbert reiterated that this needs to go on a ballot. He was fine with the current State cap.
Councilmember Fineman stated she favored a lower cap that kicks in on a larger property size.
It is helpful to think about scale. This should apply to three units and above.
Vice Mayor Kullaway agreed with Councilmember Fineman.
Councilmember Burdo agreed this policy should apply to three units and above.
Mayor Burke asked who was in favor of a flat 5%. This strikes the right balance and was something most people could live with.
Councilmember Fineman stated it was too high for many renters and should be lower.
Councilmember Burdo agreed that 5% was too high and suggested 4%.
Vice Mayor Kullaway reiterated her support of 5% or 60% of the CPI, whichever is lower. She could move to flat but definitely not 5%.
Councilmember Burdo suggested 75% of CPI or 5%, whichever is lower.
Vice Mayor Kullaway stated she could support that.
Mayor Burke stated it misses the reasonable rate of return.
Mayor Burke stated there was a consensus that they would not change the State law related to less than three units.
Mayor Burke was in favor of going back to June with respect to the base rent.
Mayor Burke suggested a flat rate with respect to the cost of the appeals process. It should not be cost prohibitive.
Vice Mayor Kullaway stated it should be based on the number of units.
Mayor Burke asked about the ballot issue.
Councilmember Burdo stated the Council often takes ‘three to two” votes. He thinks they can come up with a policy that would not be challenged.
Town Manager Donery stated staff would bring options back for Council review. There seems to be a consensus on the base rent and applicability (triplexes and above). Staff will look at cost options for the submission of a Fair Rate of Return application and the Appeal process. He asked about the utilities policy and Councilmember Burdo stated he would send him some language.
The meeting was adjourned 10:56 p.m.
Respectfully submitted,
Toni DeFrancis / Recording Secretary