1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, May 28, 2024
Interviews for the General Plan Advisory Committee- 6:00 p.m.
The Council interviewed Irene White, Stanley Skipworth, Monica Schmiede, Jonathan Branch, Shaun Thurtell, Sara Robinson, Elsa Hunt, Kerrie McHugh, and Andrew McCune. Benedetto Cico and Laurie Berliner were no show.
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
Megan Acevedo, Town Attorney
Emily Longfellow, Assistant Town Attorney
Serge Avila, Town Clerk
Jeff Zuba, Finance Director
Sean Condry, Public Works Director
Open Time for Public Expression
Ms. Mara Boser and Ms. Jennifer Oliver stated they own property on Cedar Street and delivery trucks have to drive over their driveway aprons due to the narrowing of the street. They asked the Town to split the cost of the repairs and eliminate parking on that one section of the road.
Council requests for future agenda items; Committee liaison reports; questions and comments to staff; miscellaneous items
Councilmember Burdo reported he did not have any liaison meetings since the last Council meeting; he attended the Memorial Service for Ross Valley Fire Department Captain Rick Attix; the celebration for the Hawthorne property hosted by the Open Space Committee.
Councilmember Colbert reported on the San Rafael “State of the City”; attended the Memorial Service for RVFD Captain Attix; the opening of the North/South Greenway project; the Fairfax/San Anselmo EV Bike Show; Cedars Spring Event; the Marin Forum; the Marin County Council of Mayors and Councilmembers (MCCMC) meeting; the Marin Catholic Open House; the Golden Gate Transit Open House; the Housing Conference in Petaluma; the Transportation Authority of Marin (TAM) meeting.
Vice Mayor Kullaway reported she participated in Bike to Work Day; attended the MCCMC meeting; the Golden Bell Award Ceremony; the Hawthorne Canyon party; warned that Azalea Hill to Ridgecrest will be closed to all users for the next two to three weeks; Councilmember Fineman reported she attended the Marin Wildfire Prevention Authority 2 (MWPA) Board meeting; the MCE meeting; was thanked by a local business owner for the Council’s efforts in revitalizing the downtown area.
Mayor Burke reported she attended the MCCMC meeting; a Virtual Digital Equity Conference; a lecture given by a Buck Institute researcher; the Memorial Park Master Plan Committee meeting; the Hawthorne Canyon Celebration.
M/s, Burke/Burdo, Motion to reverse agenda items #2.2 and #2.3.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
1. Consent Agenda
1.1 Approve the Draft Minutes of the Town Council Meeting- May 14, 2024
1.2 Consider Adopting a Proclamation of the Town of San Anselmo Declaring the First Friday in June 2024 to be National Gun Violence Awareness Day
1.3 Adopted Resolution No. 2024-4547 Declaring June 2024 LBGTQ Pride Month and Directing Staff to Fly the Rainbow Flag through the month of June 2024 at Town Hall
1.4 Received and Filed the Recreation Fund Finance Report ending April 30, 2024
1.5 Approved the Revenue and Expenditure Reports, April 2024
1.6 Approved the Measure A Work Plan for the Fiscal Year 2024/25
1.7 Approved the Quarterly Treasurer’s Investment Report, March 2024 Mayor Burke opened the meeting to public comments
Mr. Todd Greenberg referred to item #1.5.and asked about the amount of debt, the increase in the amount paid for legal services, and if there was a line item for grants. He referred to item #1.3 and talked about flag flying protocols.
Mayor Burke closed the meeting to public comments.
Councilmember Burdo commented on items #1.2 and #1.3 and stated he would like to make the latter a permanent thing.
M/s, Colbert/Burdo, Motion to approve the Consent Calendar items AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
Council Business Items
2.1 Approval of the Memorandum of Understanding with the County’s Office of Emergency Management for emergency services coordination, prevention, preparedness, response, recovery and mitigation efforts
Town Manager Donery presented the staff report. Mr. Steven Torrance, Marin County Director of Emergency Management, gave a PowerPoint presentation. Staff and Mr. Torrance answered questions from the Council regarding who would be assigned the County Liaison to the Political Subdivision (San Anselmo); the cost; the Compensation Section of the MOU and the methodology used for populations less than 30,000.
3 Mayor Burke opened the meeting to public comments
There were no comments.
Mayor Burke closed the meeting to public comments.
The Council thanked Director Torrance for the continued collaboration.
M/s, Burdo/Fineman, Motion to approve the Memorandum of Understanding with the County’s Office of Emergency Management for emergency services coordination, prevention, preparedness, response, recovery and mitigation efforts.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.3 Discussion on Just Cause Eviction and Tenant Protection Ordinance Town Manager Donery and Finance Director Zuba presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding how long a tenant has to live in a unit for the No Fault Provisions to kick in; the Tenant Protection Act provisions.
Mayor Burke opened the meeting to public comments
Sara, Ms. Wendy Todd, Ms. Allison Double, Peter, Mr. Kurt Reese, Jason, Mr. Michael Feldman, and Mr. Joe McGarry spoke in support of the proposed Just Cause Eviction and Tenant Protection Ordinance.
Former Ross Valley Fire Captain Tim Ecke, Steve, Ms. Fran Farmer, Ms. Anne Politzer, Mr. Jeff Kroot, Mr. John Rushworth, Mr. Mitch Armaroe, Ms. Anna Franzoia, Mr. Ford Greene, Mr. Todd Greenberg, Ms. Deb London, Mr. Paul Chignell, Mr. Michael Sexton, and Victor spoke in opposition to the proposed Just Cause Eviction and Tenant Protection Ordinance.
Ms. Roseanne DalBello asked about the origins and motivations behind these ordinances.
Mayor Burke closed the meeting to public comments.
The Council took a 5-minute break at 8:55 p.m.
Councilmember Colbert stated he has remained consistent throughout this process and wondered what problem they are trying to solve. He is not sure the unintended consequences would be worthwhile. There is fractured public opinion and he is not sure this is the appropriate moment for this issue. The costs to the landlords make this ordinance inappropriate at this time.
Vice Mayor Kullaway would like this issue to go to a vote.
Councilmember Fineman agreed this issue should go to a vote. She is not sure the State wide baseline is sufficient to meet local conditions and needs. She would like to come up with the locally appropriate version.
Councilmember Burdo stated both ordinances should go on the ballot- the voters should decide.
This is the fairest thing to do. He does think a problem exists with the larger facilities. 4 Mayor Burke stated she does not see why Rent Stabilization and Just Cause Eviction ordinances should necessarily be connected. She thinks they are looking for an answer to something that is not a problem. Landlords should not be held accountable for solving the housing affordability problem. Community affordability is a community problem. A tenant should have to live in a unit for at least a year in order to receive relocation assistance (three months of rent).
Vice Mayor Kullaway stated there was only one issue that was not decided at the last meetingthe short-term relocation assistance provision.
Mayor Burke asked for comments on how long an individual should be required to live in a unit to be entitled to three months of rent and how much the tenant would be entitled to on a daily basis ($180 to $200 or a prorated percentage of the rent).
Councilmember Burdo stated it should be in the $180 range taken out of the rent for that month.
Councilmember Fineman and Vice Mayor Kullaway agreed.
The Council discussed the issue regarding a minimum term of residency to be entitled to relocation costs.
Mayor Burke stated she would like to see a six-month term.
Vice Mayor Kullaway favored a 30-day term.
Councilmembers Burdo and Fineman favored three months.
Mayor Burke asked if the Ordinance states that at the end of a one-year lease the landlord cannot end the lease but the tenant can. Assistant Town Attorney Longfellow stated “yes”. The end of the lease is not a “just cause” reason for the landlord to terminate the lease. Mayor Burke stated either party should be able to terminate the lease after the one-year contract expires.
Councilmember Burdo stated it could give the landlord a reason to remove a tenant “for fault”.
The landlord could build certain protections into the lease.
Councilmember Fineman stated the five-year right of return should apply to evictions beyond the Ellis Act. Councilmember Burdo agreed.
Councilmember Fineman stated the minimum time for a notice of termination (no fault) should be 60 to 90 days. Councilmember Burdo agreed to 90 days.
Vice Mayor Kullaway favored 120 days but would agree to 90 days.
Town Manager Donery stated staff would come back with a final draft and recommended ballot statement on June 25th.
2.2 Receive Certification of Referendum Petition Signatures and Provide Director to Staff related to the Referendum
Town Attorney Acevedo presented the staff report. There were no questions from the Council.
Mayor Burke opened the meeting to public comments.
Mr. Todd Greenberg was concerned about costs and stated the idea is not supported by the 5 residents.
Mr. Kurt Reese stated this issue should go on the ballot.
Mayor Burke closed the meeting to public comments.
It was the consensus of the Council to direct staff to return with a resolution to put this issue on the ballot.
M/s, Burke/Fineman, Motion to adjourn the meeting at 10:05 p.m.
Respectfully submitted,
Toni DeFrancis,
Recording Secretary