1 San Anselmo Council Approved Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, March 12, 2024
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo
Eileen Burke, Mayor
Brian Colbert
Tarrell Kullaway
Alexis Fineman
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Emily Longfellow, Assistant Town Attorney
Serge Avila, Town Clerk
Heidi Scoble, Planning Director
Sean Condry, Public Works Director
Sean Youra, Climate Action Coordinator
Mayor Burke recited some of the ground rules for tonight’s meeting related to public testimony.
Open Time for Public Expression
Gene reported on yesterday’s Marin County Commission on Aging panel discussion regarding the Board of Supervisor’s Resolution declaring racism a public health crisis. He would like to see some action taken.
Mr. Guy Meyer discussed the election results and the Reimagine Plan for Creek Park.
Mr. Todd Greenberg, Fairfax, asked the Council to think about their obligations as Town officials.
Mr. Michael McIntosh, Fairfax, discussed climate change and opposed the use of a blow torch to remove weeds.
Ms. Sue Saunders, Chair of the Climate Action Commission, thanked the Council and staff for the high rate of EV adoption.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Fineman reported on the Marin Wildfire Prevention Authority (MWPA) project in the Sorich Park area.
Vice Mayor Kullaway reported she attended the Economic Development Committee meeting.
Councilmember Burdo reported he attended Opening Day of the Softball Season (Play Ball !); the Memorial Park Master Plan meeting; he plans to attend tomorrow night’s Ross Valley Fire Board meeting
2 Councilmember Colbert reported he attended the Fairfax Little League Parade; the Marin County Commission on Aging panel; the Metropolitan Transportation Commission (MTC) sponsored “get together” regarding the proposed 2026 Transit Measure; the Safe Routes to Schools meeting.
Mayor Burke reported on the recent Independent Journal article about EV purchases in the County; attended the Memorial Park Master Plan Community meeting; discussed election results pertaining to San Anselmo’s withdrawal from Flood Zone 9.
1. Consent Agenda
1.1 Approve the Draft Minutes February 27, 2024
1.2 Approval of a Consulting Contract for the Remodel and Addition to Firehouse 20
1.3 Approval of a Special Event Application- San Anselmo Arts Commission’s Beatles in the Park Fundraiser 2024
1.3 Accept Update on the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report and Authorize Staff to Send the Report to the State Governor’s Office of Planning and Research (OPR) and State Housing and Community Development (HCD)
1.5 Approve the Downtown Hanging Flower Basket Funding Request
1.6 Receive Report of Checks Issued for the Month of January 2024 and February 2024
1.7 Consider a one-time contribution of $25,000 towards the purchase of property at 199 Porteous Avenue in Fairfax, CA, Fairfax-San Anselmo Children’s Center and give direction authorizing the Mayor to sign letters of support regarding County of Marin’s request for funding to upgrade said property
Mayor Burke opened the meeting to public comments
Ms. April Hughes, Ms. Heidi Tomski, and Ms. Pat Johnstone supported item #1.7.
Mr. Todd Greenberg asked if a Consent Calendar item could be pulled at the public’s request.
He supported item #1.5 and #1.7.
Mayor Burke closed the meeting to public comments.
Mayor Burke stated she would like to pull item #1.2 and #1.7 for discussion.
Councilmember Burdo stated he would like to pull item #1.5 and #1.7 for discussion.
M/s, Burdo/Fineman Motion to approve items #1.1, #1.3, #1.4 and #1.6 AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
1.2 Approval of a Consulting Contract for the Remodel and Addition to Firehouse 20
Mayor Burke stated residents should be made aware of this substantial expense. She described the project.
3 Councilmember Burdo gave a “shout out” to Tom Finn and Rich Shortall, Sleepy Hollow Fire Protection District representatives on the Ross Valley Fire Board.
Councilmember Fineman stated this is the spirit of a regional fire initiative and sets a precedent.
1.5 Approve the Downtown Hanging Flower Basket Funding Request Councilmember Burdo thanked the Beautification Committee.
Mayor Burke stated the committee is fundraising for the project.
1.7 Consider a one-time contribution of $25,000 towards the purchase of property at 199 Porteous Avenue in Fairfax in Fairfax, CA, Fairfax-San Anselmo Children’s Center and Give direction authorizing the Mayor to sign letters of support regarding County of Marin’s request for funding to upgrade said property
Councilmember Burdo stated he met with leaders of the Children’s Center and learned that about 20% of students are from San Anselmo. This is a vital program.
Councilmember Kullaway supported the contribution.
Mayor Burke stated she supported keeping the center at its current location and serving the children of the Upper Ross Valley.
Mayor Burke opened the meeting to public comments.
There were no comments.
Mayor Burke closed the meeting to public comments.
M/s, Burdo/Fineman, Motion to approve items #1.2., #1.5, and #1.7.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
Business Items
2.1 Receive 2022 San Anselmo GHG Inventory Report and Presentation
Climate Action Coordinator Youra presented a staff report.
Ms. Christina Ward, representing the Marin Climate Energy Partnership, gave a PowerPoint presentation. She, along with staff, answered questions from the Council regarding what is included in the VMT data; if rideshare and other types of uses would be included in the passenger category; if emissions from paving projects are included in this document; the methodology used for methane potency; how the data for the VTM modeling is obtained.
Mayor Burke opened the meeting to public comments.
Mr. Guy Meyer was skeptical about the push for “all electric”. There are consequences to electric power generation.
Mr. Todd Greenberg stated 100-year extrapolations are prone to error. He asked for balance and optimization as opposed to ideologies.
4 Mr. Michael Macintosh agreed with the previous two speakers. There are many options to going EV.
Ms. Joey Davis supported EV vehicles and stated the batteries can be recycled.
Ms. Sue Saunders thanked Climate Action Coordinator Youra for his hard work. She stated EV sales are not plunging.
Abby asked for a complete carbon accounting of trees that have been removed in the fire reduction zones.
Mayor Burke closed the meeting to public comments.
Councilmember Fineman stated everything has trade-offs and unintended consequences. This is about evaluating and mitigating trade-offs.
Councilmember Burdo stated they have been doing a good job through policies adopted and actions taken including the Solar Resiliency Project.
Councilmember Colbert stated this type of benchmarking is important.
The Council thanked Climate Action Coordinator for his great work and wished him well in his future endeavors.
2.2 Appoint a Subcommittee for Sorich Commons Partners/Memorial Park Recycled Water Proposal
Town Manager Donery presented a staff report.
Mayor Burke opened the meeting to public comments.
Gene stated the neighborhood is opposed to the sale of any part of the Town owned Corporation Yard.
Mr. Michael Macintosh and Abby encouraged the Town to keep and maintain control of the Town-owned property.
Mr. Guy Meyers stated the affordable housing component of development is down to 10% Mayor Burke closed the meeting to public comments.
Councilmember Colbert asked staff to post an FAQ on the Website about the Sorich Commons Partners proposal.
Councilmember Fineman supported the formation of an ad hoc subcommittee and asked staff to track their time on the project proposed by Sorich Commons Partners.
Councilmember Burdo stated he would like to serve on the ad hoc subcommittee.
Mayor Burke stated the proposal from the developer keeps shifting and a lot of staff time has been invested. The ad hoc subcommittee could flesh out the details of the project.
Mayor Burke stated she would like to serve and would appoint the subcommittee at a later date.
She liked the idea of an FAQ.
5 2.3 Consider Rent Stabilization Ordinance policies and provide future direction to staff Planning Director Scoble and Assistant Town Attorney Longfellow Manager presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding whether or not the Council can take action tonight; authority of local jurisdictions; consistency with Costa Hawkins.
Mayor Burke opened the meeting to public comments.
Mr. Chris Braun, Ms. Allison Double, Ms. Susie Dershowitz, Mr. Kurt Reese, Ms. Wendy Todd, Ms. Joey Davis, Ms. April Hughes, Mr. David Lusterman, Ms. Jenny Silva, Ms. Natalie Playo, Ms. Sue Saunders, Michael, Karen Chappelle, and Madeline Parnell spoke in support of a Rent Stabilization Ordinance
Mr. Dwight Marriman, Mr. Gustavo Fernandez, Mr. Michael Sexton, Vanessa, Mr. Todd Greenberg, and Ms. Kim Stoddard spoke in opposition to a Rent Stabilization Ordinance.
Mr. Michael Leary, Ms. Laura Schelford, Mr. Bob Jaffey, and Corinne spoke in support of the small (”Mom and Pop”) landlords
Ms. Monica Snead, Ms. Katie Hogan, retired RVFD Captain Tim Ecke, Mr. Ford Greene, Ms.
Pat Johnstone, and Mr. Victor Kirken stated this issue should be voted on by the residents.
Mr. Michael Macintosh stated the housing crisis is caused by bad housing policies.
Ms. Jennifer Asselstine, speaking as a resident of San Anselmo, stated she was concerned about the impact of a Rent Stabilization Ordinance on the Regional Housing Needs Assessment (RHNA) numbers.
Mayor Burke closed the meeting to public comments.
The Council took a 5-minute break.
Councilmember Burdo responded to several of the public comments. He does not want to impact the “Mom and Pop” landlords. He does not object to this issue going to the ballot but he would prefer that the Council to take action. He thinks the “sweet spot” is three or four units or more, 60% of CPI, and a rental registry.
Councilmember Kullaway stated she is in favor of a cap of 60% of CPI or 5%, whichever is less, the base rent set to June 21st, a Fair Rate of Return Appeals Process, and a rental registry and associated fees. A good starting place would be 4 units. She wanted to spare the “Mom and Pop” landlords and thought separate utility meters were important. She would like to vote tonight as opposed to putting the issue on the ballot.
Councilmember Colbert stated this issue should go to the ballot.
Councilmember Fineman stated there is a systemically flawed housing situation and they can address pieces of it at a time. The issue of rent control addresses the prevention of displacement of long-term tenants. She agreed with the comments made by Vice Mayor Kullaway and Councilmember Burdo on the substantive issues and favored adopting a policy at the dais.
6 Mayor Burke stated she owns a home that has an additional unit that she rents out- she is a landlord. She approaches this issue from a policy standpoint. A specific segment of the community has never been required to benefit others- private business is not regulated in that way. To address inequities taxes are collected collectively and public housing is provided to the most vulnerable. She does not support added rent control from a policy perspective. Rent control will not lessen the demand but rather artificially control the market. She would like to put this issue on the ballot.
M/s, Kullaway/Burdo, Motion to establish a rent cap of 60% of CPI or 5%, whichever is lowest; confirm a base rent to be set at June 21, 2023; confirm establishing a Fair Rate of Return Appeals Process to allow the property owner to exceed the rent cap subject to prescribed criteria that would include the insurance item that Mayor Burke brought up; establish provisions to allow a rental registry and associated fees; this would only apply to three units or more on the same property; confirm that no direct charges for utilities in addition to rent would be charged; this would be an ordinance vs. a ballot measure.
AYES: Burdo, Fineman, Vice Mayor Kullaway
NOES: Colbert, Mayor Burke
The meeting was adjourned 11:09 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary