1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, March 26, 2024
Interviews for the Climate Action Commission and Arts Commission- 6:00 p.m.
The Council interviewed Karen Mendelow, Susannah Saunders, and Lucy Matthews for the Climate Action Commission and Danna Lewis, Tara Pandeya, and Miranda Thurtell for the Arts Commission.
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
Megan Acevedo, Town Attorney
Heidi Scoble, Planning Director
Lindsey Klein, Senior Planner
Sean Condry, Public Works Director
Jeff Zuba, Finance Director
Maddie O’Grady, Recreation Program Manager
Open Time for Public Expression
There were no comments.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Colbert asked that item #2.2 be moved up in the agenda. Mayor Burke stated it could be heard after Business Item #2.1.
Councilmember Colbert reported he attended the arts opening event last Saturday; the JEPA Closed Session; a seminar in San Francisco about the impact of technology on children’s mental health; a Transportation Authority of Marin (TAM) meeting.
Councilmember Burdo sent condolences to the family of the recent victim of a house fire; he attended a Ross Valley Fire Board meeting; the Memorial Park Community Workshop held last Saturday.
Councilmember Fineman reported she attended the Marin Wildfire Prevention Authority (MWPA) Board meeting; the MCE meeting; the Policy Makers Conference; talked to an Austrian reporter about EV adoption.
Vice Mayor Kullaway reported she attended the Policy Makers Conference; the MCCMC 2 Legislative Committee meeting; the General Plan Update Committee meeting.
Mayor Burke reported she attended the Citizen Marin meeting in Homestead Valley; the Memorial Park Master Plan community meeting; the Flashlight Egg Hunt will be held this Friday night with the Egg Hunt for younger children scheduled for Saturday morning.
Town Manager Donery stated the Memorial Park Master Plan process has been good and they have been getting great feedback. Work on the roof/HVAC replacement project at Town Hall will begin soon.
1. Consent Agenda
1.1 Approve the Draft Minutes March 12, 2024
1.2 Adopt a Resolution Amending the Town’s Ethics Training Requirements for Boards, Committees, and Commissions
1.3 Approval of a Special Event Application- Children for Change Challenge 2024
1.4 Revenue and Expenditure Reports, February 2024
1.5 Notice of Completion- Memorial Park Parking Lot Project
1.6 Consider the Reappointment of Three Incumbents to the Economic Development Committee
Mayor Burke opened the meeting to public comments
There were no comments.
Mayor Burke closed the meeting to public comments.
M/s, Burdo/Colbert, Motion to approve the Consent Calendar.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
Business Items
2.1 Review and Approve the Arts Commission’s Hub Beautification Public Art Project
Recreation Program Manager O’Grady presented a staff report and a PowerPoint presentation.
Staff answered questions from the Council regarding the timeline; how the pictures would be secured and if they would be open to the elements; the shelf-life of the protective material; if they could include the history of the indigenous inhabitants.
Mayor Burke opened the meeting to public comments.
Mr. Jason Watkins supported the inclusion of information about the Native American population.
Mayor Burke closed the meeting to public comments.
The Council supported the project.
M/s, Burdo/Fineman, Motion to approve the Arts Commission’s Hub Beautification Public Art Project artwork and location and the recommendation of Vice Mayor Kullaway. 3 AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.2 Consider to Approve the FY25 Appropriation Request for the San Anselmo Hub Congestion Reduction and Active Transportation Project
Public Works Director Condry presented a staff report. Staff answered questions from the Council regarding whether there are any matching requirements; if the request is for funding to develop the concepts or the design; if the future of the Hub has been decided; if these are Federal appropriations; why they are not discussing the “cafeteria” of possible design elements; if they can change the projects identified in the grant request; the dollar amount being requested; if they are committing to the 20% match tonight; how they go about prioritizing elements in order to get the grant; if the three elements were selected by staff.
Mayor Burke opened the meeting to public comments.
Mr. Todd Greenberg cautioned the Council to tread carefully.
Mr. Matthew Hartzell, WDB Tam, stated his firm brought this to the attention of staff and they support the request. The Hub is a good candidate for this funding.
Ms. Ann Politzer stated this is something that needs to be looked at very carefully. There is no such thing as “free money”.
Mayor Burke closed the meeting to public comments.
Councilmember Colbert stated he agreed that the Hub needs improvement and did not think this was a “hail Mary”. The project is tucked away in Bay Area 2050. They should pursue this opportunity and engage the community.
Councilmember Burdo stated the Hub accommodates 65,000 vehicles per day and needs improvement. It is prudent to move forward.
Councilmember Fineman discussed the prior discussions about the Hub and stated the three projects cited in the staff report were long-term and would be more attractive in terms of getting Federal funding. She is comfortable moving forward.
Vice Mayor Kullaway agreed with the comments made by Councilmember Fineman. This is a great opportunity.
Mayor Burke stated they have taken a big step but the three proposals have not been fully vetted. However they can move forward while staying nimble.
M/s, Colbert/Burdo, Motion to adopt Resolution No. 2024-4530 of the San Anselmo Town Council Seeking Funds for the Appropriation Request for the San Anselmo Hub Congestion Reduction and Active Transportation Project.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke Public Hearing
3.1 Public Hearing to Consider Adoption of Amendments to the General Plan Amendment to Land Use Designation Map and Amendments to Title 10, Chapter 3, Article 3 “Land Use Regulation” and Title 10, Chapter 3, Article 17 “Definitions” of the Municipal Code and the Zoning Map
4 Senior Planner Klein presented a staff report. There were no questions from the Council.
Mayor Burke opened the Public Hearing.
There were no comments.
Mayor Burke closed the meeting to Public Hearing.
Mayor Burke thanked staff for the great work- “the devil is in the details”.
M/s, Burdo/Fineman, Motion to Adopt an Ordinance of the Town of San Anselmo Adopting Amendments to Title 10, Chapter 3, Article 3 “Land Use Regulations” and Title 10, Chapter 3, Article 17 “Definitions” of the Municipal Code and the Zoning Map to Implement State Housing Law and Ensure General Plan and Zoning Code Consistency in Accordance with California Government Code Section 65860..
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke M/s, Burdo/Colbert, Motion to Approve the First Reading of the Ordinance Text Amendments and Waive Future Readings.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke M/s, Burdo/Colbert, Motion to Adopt a Resolution of the Town Council of the Town of San Anselmo Adopting General Plan Amendments to the Land Use Designation Map.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
3.2 Introduce and First Reading of an Ordinance Adding Title 20 “Rent Stabilization and Tenant Protection” Chapter 1 “Rent Stabilization” Establishing Rent Stabilization Regulations Applicable to Certain Residential Rental Units and Making Associated CEQA Findings
Finance Director Zuba presented the staff report. Staff answered questions from the Council regarding applicability and exemptions; the Fair Rate of Return Section (E)(6); banking of annual raises; utilities in tenant’s name vs. separate meters; treble damages; independent review of documentation regarding a landlord’s increase in expenses.
Mayor Burke opened the Public Hearing.
Mr. Chris Braun, Ms. Susie Dershowitz, Mr. Kurt Reese, Ms. Wendy Todd, Ms. Sara Chappelle, two individuals, Mr. Thomas Gaines, and Ms. Lucy Hollingsworth. spoke in support of a Rent Stabilization Ordinance
Mr. Todd Greenberg, Ms. Janet Welton, and Philip S. spoke in opposition to a Rent Stabilization Ordinance.
Mr. Tim Ecke was concerned about the next step- a Just Cause Ordinance.
An individual stated homeowners seem concerned that this will add cost to renters.
Mr. Ford Greene was concerned about “mom and pop” landlords. Owner-occupied buildings should be exempt.
Mr. Michael Sexton, Ms. Katie Hogan, Mr. Chad Rushmore, and Mr. Jeff Kroot were in favor of putting this issue on a ballot and allowing San Anselmo residents to decide. 5 Mr. Steve DeMartini wanted to know what prompted this issue.
Mayor Burke closed the Public Hearing
Councilmember Fineman stated San Anselmo, through its zoning policies, has suppressed supply and driven demand over many decades. This changes the rental market. She supported the Fair Rate of Return provision. She referred to the “Applicability” Section, 20-
1.102, and suggested the addition of the following language- “non-exempted rental units”.
Vice Mayor Kullaway stated she supported the exemption of ADUs and a diverse community.
Councilmember Colbert stated this will ultimately go to the ballot.
Councilmember Burdo stated it might be good to go with a flat percentage rate on the cap to avoid unpredictability. He supported 3% and three units or more. He wants to vote tonight.
Mayor Burke thanked everyone for his or her comments. The future of this issue is related to affordable housing. Private rental properties are businesses and should not be burdened with solving this collective problem. She supported the ability to bank annual raises. She and the Council dicsussed the following: 1) Treble damages; 2) Whether utilities should be in the tenant’s name; 3) Adding the term “non-exempted” in Section 20-1.102; 4) Whether this applies to three or more units; 5) Whether to keep the cap as proposed.
Town Attorney Acevedo recommended the following: Section 20-1.102 should read: “Three or more residential rental units none of which are exempt pursuant to Section 20-1.110…”. It should also cite the Exemptions Section
Mayor Burke noted there have been no substantial changes to the ordinance and the Council can do a first reading and introduce it tonight.
M/s, Burdo/Kullaway, Motion to Read the Ordinance by Title Only.
AYES: Burdo, Fineman, Vice Mayor Kullaway.
NOES: Colbert, Mayor Burke
M/s, Kullaway/Fineman, Motion to Introduce and Waive First Reading of an Ordinance of the Town of San Anselmo Adding Title 20 “Rent Stabilization and Tenant Protection”, Chapter 1 “Rent Stabilization” Establishing Rent Stabilization Regulations Applicable to Certain Residential Rental Units and Making Associated CEQA Determinations.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke NOES: Colbert, Mayor Burke
The meeting was adjourned 11:09 p.m. in memory of long-time resident John Bobet.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary