1 San Anselmo Approved Council Minutes
Regular Meeting
Town Council Chambers and via Zoom
Tuesday, June 25, 2024
Interviews for the Climate Action Commission and Tax Equity Board- 6:40 p.m.
The Council interviewed Tom Verkozen for the Tax Equity Board and Katherine Ellison for the Climate Action Commission.
Councilmember Fineman took her seat at the dais at 6:44 p.m.
Call to Order: Optional Pledge of Allegiance- 7:00 p.m.
COUNCILMEMBERS PRESENT: Steve Burdo
Eileen Burke, Mayor
Brian Colbert
Alexis Fineman
Tarrell Kullaway
STAFF MEMBERS PRESENT: Dave Donery, Town Manager
Emily Longfellow, Assistant Town Attorney
Serge Avila, Town Clerk
Jeff Zuba, Finance Director
Scott Schneider, Assistant Public Works Director
Matthew Ferrer, Assistant Engineer
Mattie O’Grady, Recreation Program Manager
Open Time for Public Expression
Mr. Todd Greenberg asked if the Council had any rules with respect to political entities that have not done their proper filings with the State of California (Form 990) or policies regarding outside influences.
Mr. Guy Meyer discussed the history and “adventures” of Creek Park and the Reimagine Creek Park Project. He opposed cutting down the trees.
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 Board meeting; a meeting of the Central Marin Police Authority (CMPA) Board of Directors; a Local Agency Formation Commission (LAFCO) meeting; asked that the Council make a reciprocal contribution to the Wall Property efforts in Fairfax. It was the consensus of the Council to put this on an upcoming agenda.
Vice Mayor Kullaway reported she attended the MCCMC Legislative Committee meeting; the County Bicycle and Pedestrian Advisory Committee meeting; the Marin Water District meeting; talked about the construction on Sir Francis Drake Boulevard and urged people to ride a bike.
Councilmember Fineman reported she attended the Marin Wildfire Prevention Authority Board 2 (MWPA) meeting; the MCE meeting; the Climate Action Commission meeting via Zoom.
Councilmember Colbert reported he attended the Ross Valley Fire Authority Badge Pinning Ceremony; spoke at the San Rafael Juneteenth Celebration; attended the Marin Community Clinics Gala; the opening of the new SMART connect to Larkspur (a mini bus).
Mayor Burke reported she attended the Climate Action Committee meeting; plans to revive the San Anselmo Volunteer Effort (SAVE); advised everyone to check out the Dahlias at Robson !
1. Consent Agenda
1.1 Approved the Draft Minutes of the Town Council Meeting- June 11, 2024
1.2 Received and Filed the Recreation Finance Report
1.3 Adopted Resolution No. 2023-4551 approving the 2024/25 Budget and Workplan
1.4 Considered and Approved the Proposed 5-Year Capital Improvement Program (CIP)
1.5 Received the 2023 Central Marin Police Authority Traffic and Crime Statistics Report
1.6 Received and Filed the Revenue and Expenditure Reports, May 2024 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
Council Business Items
2.1 Consideration of Resolution Placing Measure on November 5, 2024, General Election Ballot regarding Just Cause Eviction and Tenant Protection Ordinance.
Town Attorney Longfellow presented the staff report. She answered questions from the Council regarding the language in Section C of the Election Code and the option to repeal or amend the ordinance; Exhibit A, the Five Year Right of Return, and whether the language could include “contact information”; if staff recommends a “sunset date”; what a future Council could do with respect to the ordinance.
Mayor Burke opened the meeting to public comments.
Ms. Sara Chappelle stated the State law is set to expire. Eviction protection is broken and it needs to be fixed. She opposed the possibility of a future repeal.
Mr. Todd Greenberg was concerned that the Town is taking on liability with this out-of-scale legislation. The proposed legislation will not provide housing and will increase rent costs. He suggested some changes to the language.
Wendy was in favor of putting the Just Cause Ordinance on the ballot- it was a good compromise. She was not in favor of the repeal provision. 3 Mr. Kurt Reese urged the Council to put this issue on the ballot along with Rent Stabilization.
This should not be allowed to be repealed or amended in the future.
Anna stated rent control is not needed and would cost taxpayers money.
Mayor Burke closed the meeting to public comments.
Councilmember Burdo stated he supported the policy and did not want to include the language regarding the ability to repeal the ordinance. Voters need to be respected. They should be able to make it stronger in terms of protections and amend it. He did not see any reason to include a “sunset”.
Vice Mayor Kullaway referred to the section about giving the landlord an address and wanted to include the language “contact information”.
Assistant Town Attorney Longfellow suggested the following language: “…and/or written electronic contact information”. She noted a certified letter is the gold standard of proof.
Councilmember Fineman stated she sent staff some language that she was concerned with and read some of the suggestions. She is concerned about the accuracy and communicativeness of the seventy five words.
Mayor Burke supported the ability of future Council’s to amend, but not repeal, the ordinance.
She discussed some of the reasons. She does not want to reference things that are not in the ordinance (such as exemptions)- she wants to let people know what it would do and not what it will not do. She suggested adding some language including the amount of the relocation benefits and a reference to the Tenant Protection Act.
Vice Mayor Kullaway stated she liked including the ADU, duplex, and single-family housing exemptions.
Councilmember Fineman agreed. She noted the language should parallel the structure written in the Applicability Section. The most critical thing to communicate is that this applies to 800 to 900 properties. She is inclined to take a look at the exemption language. She suggested eliminating the word “duplexes”.
Mayor Burke discussed how not all duplexes are exempt since some are contiguous with a rental property. Listing exemptions can cause confusion. She suggested replacing “owners of residential property” with “residential landlords”.
Councilmember Burdo stated the resolution, and not the ballot language, was legally binding.
He supported the proposed language.
Vice Mayor Kullaway stated she was comfortable with the language submitted by Councilmember Fineman.
Councilmember Burdo suggested the following language: “ADU’s, duplexes, and single-family homes exempted”.
Mayor Burke reiterated her support or allowing the Council to amend, but not repeal, the ordinance.
4 Vice Mayor Kullaway stated she supported requiring a vote of the people to weaken or repeal of the ordinance.
Councilmember Fineman stated it is possible that a future Council might want to repeal this ordinance. She favored requiring a 4/5th vote to amend the ordinance.
It was the consensus of the Council to support the ability of the Council to amend the Ordinance.
Councilmember Burdo, Fineman, and Vice Mayor Kullaway supported requiring a 4/5th vote to amend the Ordinance.
Assistant Town Attorney Longfellow read the proposed language (four changes) into the record.
M/s, Kullaway/Burdo, Motion to accept the Resolution No. 2024-4552 with the four amendments discussed tonight.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke The Council took a 5-minute break at 9:15 p.m.
2.2 Approval of Parkside Preschool Playground Project Authorization of Issuance of Request for Proposal (RFP) if require
Recreation Program Manager O’Grady presented the staff report and a PowerPoint presentation. Staff answered questions from the Council regarding if staff had considered involving residents in the process; when construction would begin; if the playground would be open on the weekends; if there were options for synthetic turf.
Mayor Burke opened the meeting to public comments
There were no comments.
Mayor Burke closed the meeting to public comments.
Councilmember Fineman loved the layout but was concerned about the proposed surface materials.
Vice Mayor Kullaway agreed with Councilmember Fineman.
Councilmember Burdo asked if there were alternatives to the synthetic turf and what the cost would be.
Recreation Program Manager O’Grady stated staff could look into alternatives.
M/s, Burdo/Colbert, Motion to approve the Parkside Preschool Playground Project and Authorize the Issuance of Request for Proposal (RFP) if required.
AYES: Burdo, Colbert, Mayor Burke
NOES: Fineman, Vice Mayor Kullaway
2.3 Award of Construction Contract for the 2024 Slurry Seal Project Assistant Public Works Director Schneider presented the staff report and a PowerPoint presentation. There were no questions from the Council. 5 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 authorize the Town Manager to Award the Construction Contract for the 2024 Slurry Seal Project to the lowest responsible bidder.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.4. Award of Construction Contract for the 2024 Street Resurfacing Project Assistant Public Works Director Schneider presented the staff report and gave a PowerPoint presentation. Staff answered a question regarding when the Hilldale Drive from Sequoia to Carolina, and Carolina from Jordan to Hilldale area will be addressed Mayor Burke opened the meeting to public comments.
There were no comments.
Mayor Burke closed the meeting to public comments.
M/s, Burke/Burdo, Motion to authorize the Town Manager to Award the Construction Contract for the 2024 Street Resurfacing Project to the lowest bidder.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke
2.5 Consider Making Appointments to the Climate Action Commission, Tax Equity Board and the Library Tax Oversight Committee
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 appoint Katherine Ellison to the Climate Action Commission, Tom Verkozen to the Tax Equity Board, and reappoint Kathy O’Sullivan to the Library Tax Oversight Committee
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke M/s, Burdo/Fineman, Motion to adjourn the meeting at 9:52 p.m.
AYES: Burdo, Colbert, Fineman, Vice Mayor Kullaway, Mayor Burke Respectfully submitted,
Toni DeFrancis,
Recording Secretary