1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, May 14, 2024
Call to Order: Optional Pledge of Allegiance
COUNCILMEMBERS PRESENT: Steve Burdo
Eileen Burke, Mayor
Brian Colbert
Alexis Fineman
Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Emily Longfellow, Town Attorney
Serge Avila, Town Clerk
Sean Condry, Public Works Director
Jeff Zuba, Finance Director
Scott Schneider, Assistant Public Works Director
Open Time for Public Expression
Gene, San Anselmo representative to the Commission on Aging, invited everyone to the Commission’s May forum titled “What is it Like to Age in Marin?” He discussed recent Commission activities.
Mr. Michael Sexton, Director of Marinresidents.org, thanked the volunteers who walked the Town to obtain signatures on a referendum to place the Rent Stabilization Ordinance on the November ballot.
Steven stated he filed an appeal for a Public Works permit and wanted to know when the hearing would be scheduled.
Ms. Ann Politzer asked the Council to agendize an update on Measure F. She had various questions about Building Bridge 2, the plaza, and plans for flood mitigation.
Mr. Jeff Kroot referred to the passage of Measure F and asked the Council to let residents know what happens now.
Mr. Michael Macintosh discussed the passage of Measure F and its effect on projects and contracts. He discussed impacts of rent control.
Mr. Guy Meyer discussed Creek Park, environmental movements, and the sense of personal responsibility.
Ms. Fran Farmer stated the Council should represent its constituents.
Mr. Todd Greenberg complimented Town Clerk Avila for his professionalism. He discussed the Fourteenth Amendment of the U.S. Constitution regarding Equal Protection with respect to the Rent Stabilization Ordinance.
2 Ms. Deb London agreed with Mr. Greenberg and discussed the possibility of a recall.
Ms. Teresa Ward asked the Council to extend the boundaries of the Live on the Avenue Event this year.
Ms. Suzanne Saunders, member of the Climate Action Commission, gave some updates on ways to take climate action.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Burdo reported he attended the Ross Valley Fire Department Board meeting; the Central Marin Police Authority (CMPA) Board meeting; the Sip and Stroll Event; the Annual Fundraiser for the North Bay Children’s Center.
Vice Mayor Kullaway reported she attended the Transportation Authority of Marin (TAM) Countywide Transportation Plan Work Group; congratulated Mayor Burke for completing the Jane Fondo Ride; attended the Bicycle and Pedestrian Advisory Committee (BPAC) meeting; the CMPA meeting; the Sip and Stroll Event.
Councilmember Colbert reported he attended the North Bay Children’s Center Event; the Future of the Larkspur Ferry Building Open House; the TAM Countywide Transportation Plan Meeting; the Walk and Bike to School Day; a Marin Transit meeting; the Drew Robinson Story Event; his daughter Leila won the 8th Grade National English Teachers Association Writing Contest! Councilmember Fineman reported she attended the MCE Technical Committee meeting.
Mayor Burke reported she attended the Virtual Housing Conference; a Memorial Park Master Plan meeting; rode in the Jane Fondo Bike Ride; judged the Battle of the Bands; attended the Racial Equity Committee meeting; the Town is seeking volunteers for the General Plan Advisory Committee (GPAC); encouraged everyone to check out the new art installation at the Hub bus stop.
Special Presentation
There are none.
1. Consent Agenda
1.1 Approve the Draft Minutes of the Regular Meeting of Tuesday, April 23, 2024
1.2 Adopt Resolution No. 2024-4540 Approving Senate Bill 1 (SB1) Gas Tax Funding Project List to be Included in the Fiscal Year 2024/25 Budget for Roadway Improvements
1.3 Town of San Anselmo Adopted the 2024/2025 Tax Rates for Municipal Services Tax Resolution No. 2024-4541, Pension Override Tax Resolution No. 2024-4542, Measure G Debt Service Tax Resolution No. 2024-4543, Special Library Services Tax Resolution No. 2024-4544, and Ross Valley Paramedic Authority Tax Resolution No. 2024-4545.
1.4 Approval of Resolution No. 2024-4546 Revising a Statement of Investment Policy for Fiscal Year 2024/25.
1.5 Approved the Report of Checks Issued, April 2024
3 Mayor Burke opened the meeting to public comments
Mr. Todd Greenberg referred to item #1.2 and stated there should be details on funding sources for each project. He referred to item #1.3 and stated there should be a discussion about interest rates and a comparison of prior years.
Mr. Michael Mcintosh referred to item #1.2 and stated he would like to see this expanded upon.
Franchise Fee Revenue should be put into road projects.
Mayor Burke closed the meeting to public comments.
M/s, Burdo/Colbert, Motion to approve Consent Calendar item #1.1.
AYES: Burdo, Colbert, Vice Mayor Kullaway, Mayor Burke
ABSTAIN: Fineman
M/s, Colbert/Burdo, Motion to approve Consent Calendar item #1.2, #1.3, #1.4, and #1.5.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
Council Business Items
2.1 Approve the 2024 Street Resurfacing and 2024 Slurry Seal Projects and Authorize Staff to Advertise for Construction Bids
Assistant Director Schneider presented a staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the Los Angeles Boulevard delay and the pipeline project; compliance with AB 413 and daylighting around crosswalks; if there had been consideration of a Class IV path on the northbound side of Sunny Hills; the life of a slurry seal vs. repaving; the life span of the different type of speed bumps.
Mayor Burke opened the meeting to public comments.
Ms. Monica Sweet, Redwood Road, stated the resurfacing plan omitted the non-Townmaintained roads. She asked the Council to consider Town acceptance of these roads. This plan could be budgeted on a phased in, long term basis.
Mr. Todd Greenberg asked if there has been a recent pavement study done by a consultant including projected future costs. He noted the Town of San Anselmo does a good job maintaining its roadway.
Ms. Anita Wilson, Sir Francis Drake Boulevard, asked if the Town will be installing a new road after the installation of the new water main on Sir Francis Drake Boulevard.
Mayor Burke closed the meeting to public comments.
Mayor Burke thanked the Public Works Department staff for being road scholars! M/s, Burdo/Kullaway, Motion to approve the 2024 Street Resurfacing and 2024 Slurry Seal Projects and Authorize Staff to Advertise for Construction Bids AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.2 Direct Staff to Prepare a Ballot Measure to Allow for Appointment of Town Clerk and Town Treasurer
4 Town Clerk Avila presented a staff report. Staff answered questions from the Council regarding the difference between the Town Clerk and Town Treasurer positions vs. the Deputy Town Clerk and Finance Director positions; if they could expand the recruitment for these positions to outside of the Town limits; how many jurisdictions have an elected component to these positions; if the Council took no action would the default be the status quo; the duties of the Town Clerk and Town Treasurer.
Mayor Burke opened the meeting to public comments.
Mr. Michael Macintosh stated it is a wonderful opportunity for residents to vote for these positions. It fosters diversity.
Mr. Todd Greenberg had questions about the legal duties and responsibilities of the elected Town Clerk. Preference should be given to those who are best qualified and then in order of proximity.
Mr. Jeff Kroot stated the proposal is a bad idea and is contemptuous to the voters of San Anselmo.
Mr. Jim Houston agreed with Mr. Kroot- the Town should strive to keep the public involved.
Mayor Burke closed the meeting to public comments.
Councilmember Fineman stated the Council does not have the authority to eliminate these positions and she is in favor of putting it on the ballot. She is neutral on the positions.
Councilmember Colbert stated the elected positions are, for the most part, ceremonial- the heavy lifting is done by staff. He is in favor of letting the public decide.
Councilmember Burdo stated perhaps they should wait until the current terms expire and see if there is interest in those positions.
Vice Mayor Kullaway stated she is fine with the staff recommendation.
Mayor Burke did not see a reason to make a change to appointments only. She noted the ceremonial nature of these positions could change in the future depending on finances. The Council has the ability to make appointments if nobody chooses to run.
M/s, Colbert/Kullaway, Motion to approve direction to Staff to Prepare a Ballot Measure to Allow for Appointment of Town Clerk and Town Treasurer.
AYES: Colbert, Vice Mayor Kullaway
NOES: Burdo, Fineman, Mayor Burke
Mayor Burke stated the motion failed.
The Council took a 5-minute break at 7:40 p.m.
The Council reconvened in the Council Chambers at 7:46 p.m. Mayor Burke announced that there is a technical problem- the meeting is being recorded but the Internet is down. Zoom participation is not available. The following agenda item is just a discussion so they will proceed.
Public Hearings
5 2.3. Discussion on Just Cause Eviction Regulations and Relocation Benefits Town Manager Donery and Finance Director Zuba presented a staff report and a PowerPoint presentation. Staff answered questions from the Council regarding the baseline with respect to No Fault provisions; Ellis Act provisions; the Tenant Protection Act; what would happen if seismic upgrades needed to be done to an apartment; if the Berkeley Rent Control Board or the Democratic Socialists of America (DSA) had any hand in crafting these policies.
Mayor Burke opened the meeting to public comments.
Ms. Allison Double, Ms. Lisa Robecheck, Ms. Wendy Todd, Mr. Kurt Reese, and Ed, spoke in favor of Just Cause Eviction Regulations.
Mr. Michael Sexton, Mr. Jim Houston, Mr. Jeff Kroot, Mr. John Rushworth, Katie, Ann, Steve, Mr. Todd Greenberg, Mr. Michael Macintosh, Ms. Debra London, Retired Ross Valley Fire Department Captain Tim Ecke, Anita, and Margaret, spoke in opposition to Just Cause Eviction Regulations
Ms. Janet Welton stated the Supreme Court is overturning rent control attempts.
Mr. Kroot, Ann, an individual, and Mr. Victor Turkin, stated this issue should be on the November ballot.
Mayor Burke closed the meeting to public comments.
Councilmember Burdo stated he wanted to find the “sweet spot” in terms of the Rent Stabilization Policy but it is being brought to the ballot. It would be prudent to put the Just Cause Eviction issue also on the November ballot.
Vice Mayor Kullaway clarified that the Rent Stabilization Ordinance applies to three units or more. She is not prepared to include one or two rental units in the Just Cause Eviction provisions. She would like to see this issue on the ballot.
Councilmember Burdo referred to the Compensation for No Fault Eviction provision and stated it should be three months of the current rental amount (not fair market value). He referred to the Short Term Relocation provision and stated he favored a range of $150 to $200. The Applicability provision should be three units or more.
Councilmember Fineman stated the Applicability provision should match the Rent Control provision. She referred to the Enactment issue and stated it should go on the ballot. She struggles with the Short-Term Relocation provision but thought there should be a deduction from the rent. The Right to Return provision will not have a significant impact and thought it was a loophole for the larger scale issues. She supported three months for the Compensation for No Fault Evictions provision and a longer time frame for noticing.
Councilmember Colbert stated the Tenant Protection Act (AB 1492) and the Ellis Act strike a good balance. They need to be mindful of the burdens and costs to small landlords. He is not sure why the Council is pursuing this matter given the recent signature gathering campaign.
Mayor Burke stated she has not heard that there is a problem with evictions in San Anselmo and she is not sure why they are taking on this issue. She would like to wait to consider this issue until after the referendum is decided in November. Compensation for a No Fault Eviction should be one month’s rent. Moving expenses should not be paid by the landlord. The rent should be pro-rated in the event of a Short Term Relocation. She referred to the Applicability 6 provision and stated it should apply to everything. She is not convinced there is a need for this but if they do anything they should put it on the ballot.
Vice Mayor Kullaway stated she would favor five years for the Right to Return provision, two months for the Compensation for No-Fault Eviction, and $180 and more notice for Short-Term Relocation.
Vice Mayor Kullaway, Councilmember Fineman, and Councilmember Burdo supported five years for the Right to Return at the rate at departure plus applicable increases based on the rent cap. The tenant must have lived in the unit for a period of at least twelve months.
Councilmember Fineman referred to the Compensation for No-Fault Eviction and supported two months if a 120-day notice or more is provided and three months if there is less than a 120-day notice. There should be no differentiation in the type of residence.
Town Manager Donery stated staff will submit a Draft Ordinance to the Council at the next meeting with the first reading occurring at the June 11th meeting. This will give them enough time to get it on the ballot.
The meeting was adjourned at 10:41 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary