TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF. JULY27,2010  Present: Coleman, Kroot, McInerney, Thornton  Absent: Greene 7:00 pm  CALLTOORDER AND PLEDGE OF ALLEGIANCE. Mayor Thornton called the meeting to order at 7:07 pm.  ANNOUNCE, ACTIONT TAKINIFANLINGISED SESSION.  There was no closed session held.  OPENTIME FOR PUBLIC EXPRESSION.  There was no public opinion.  COUNCIL REQUEST FOR FUTURE, AGENDA ITEMS  Councilmember McInerney reported from the meeting two weeks ago, held by the Volunteer Group formed to address beautification of center medians in Town. He stated it was a great turnout of over forty people from diverse backgrounds, including longtime volunteers, as well as new faces, landscape architects, master gardeners, and people who wanted to interface with the businesses on Sir Francis Drake Blvd. The volunteers are creating a website to direct their efforts. The meeting was led by Carla Overberger, the chair oft the Planning Commission, and attended by Mayor Thornton. More information will follow in the Town Manager'si upcoming newsletter. All in all, it was a very exciting first meeting. Councilmember Kroot commended the Public Works Director, Steve Myrter for his efforts to straighten out a misunderstanding regarding street repaving, and acting quickly to remedy thé situation. He also stated the first Picnic at the Plaza was held last Friday, and was a great success. Lastly, as regards the list ofunwritten policies previously brought up by Vice Mayor Greene, Kroot feels this may be al burden to staff time and would like to discuss further to see if the Council really wants to pursue the matter Councimember Coleman believes one of the reasons for the success ofthe first Picnic on the Plaza was due to the hard work and support of Town staff, including Town Manager Stutsman, Community Services Director Dave Donery and Town employee Joanne Kessel. She is very appreciative of the owner of Ludwigs, who allowed them to run a cord from the second story of his building to use his electricity for the jumpy pit for the children. Each Friday night, a different association will take turn hosting the event. The next event will be hosted by the San Anselmo Antique Dealers, Downtown Merchants, the Chambers of Commerce, the Rotary, and lastly, the Town will hold the last picnic. She  further.  encouraged everyone to come and enjoy the community event.  1. CONSENT AGENDA: ITEMS ON THE CONSENT AGENDA MAY BE REMOVED AND DISCUSSED SEPARATELY. DISCUSSION MAY TAKE PLACE AT THE END OF THE AGENDA. OTHERWISE. ALL] ITEMS MAY BE APPROVED WITH ONE ACTION.  (a) Approve minutes ofJuly 13,2010.  ITEM 1(a)    Minutes oft the San Anselmo Town Council  July27,2010  (b). Announce expiration of terms on Planning Commission, Open Space Committee, Historical (c) Approve Resolution No. 3918 setting the Statement of] Investment Policy for fiscal year 2010-11. (d). Approve the Treasurer's Investment Report for the Quarter Ending June 30, 2010. (e) Accept the San Anselmo Ave./Ross Ave. Overlay Project and Authorize the Filing of Notice of (f) Approve property lien for the cost ofhazardous tree removal at 48 Broadmoor Avenue. Asi regards (a), Kroot asked that onj page 3, elections of2005 should be changed to elections of2009. As regards (b), Coleman asked about the closing dates for the Boards, Commissions and Committees and when we begin the advertising. Stutsman advised that the first step is to get Council authorization M/s, Mclnerney/Kroot, to approve the consent with the minor year change to Item' (a). AYES:  Commission and Arts Commission.  Completion.  tol begin advertising and ai recent resolution was passed that dictates procedure.  Coleman, Kroot, McInerney, Thornton. ABSENT: Greene  2. APPOINT MEMBER TO THE CAPITAL PROGRAM MONITORING COMMITTEE (ONE  SEAT).  Town Manager Debra Stutsman gave the report.  M/s, Coleman/Kroot, to approve appointing Frank Ortiz to the Capital Program Monitoring Committee.  AYES: Coleman, Kroot, McInerney, Thornton. ABSENT: Greene  3. RECEIVE PRESENTATIONS, BOTH PRO AND CON, ON THE PG&E INSTALLATION OFTHE SMART METERS AND PROVIDE DIRECTIONTO STAFF ON NEXT STEPS.  Town Manager Debra Stutsman gave the report.  McInerney asked, since one option was to intervene with the CPUC proceeding, > if San Anselmo has ever intervened with any federal or regulatory proceedings in the past. Stutsman advised that the Town has not intervened before. He also asked ifl PG&E has made any misinterpretations to the Town or staff Coleman asked if PG&E applied for a permit to install Smart Meters. Stutsman advised the telecommunications ordinance only covers transmission antennas on street lights, therefore they do not need permits to install Smart Meters. Kroot asked about the receivers for gathering the information. Stutsman stated that the Smart Meters require a receiver for approximately every 4,000 meters, and that  regarding the Smart Meters. Stutsman stated that they have not done SO.  the' Town Attorney is researching ift these receivers are considered to be antennas. Andrew Tang, Senior Director oft the PG&E Smart Energy Web, made an oral presentation.  Coleman asked if there were other options for a customer to read their usage except by going online. Tang advised that a customer can also physically read the meter and also read by customer energy management, which is administered by a third party. PG&E is developing a meter that connects with the Smart Meter for ease of reading. Coleman is concerned that Anselmo has an aging population that  2    Minutes of the San. Anselmo Town Council  July27,2010  may not be computer literate enough. PG&E is working with vendors to provide inexpensive devices, McInerney asked firstly regarding the billing issue. He referenced the memo by Larry Bragman of the Fairfax Town Council, regarding installation problems and data transmission in Fresno and Bakersfield County. Tang stated there were various issues including underbilling by faulty meters, and excessive high usage days caused by heat waves. He stated there were more days of excessive heat this summer than last year. He feels this is a direct reflection of customer not relating to their energy usage. Much McInerney also asked to address the health issue oft the radio frequency exposure, ift these Smart Meters presents a potential health concern. Tang introduced Michael Herz, EMF Program Manager for PG&E. Herz stated the manufacturers oft the Smart Meters have filed with the FCC that the meters comply with the standards for the safety limits for the frequency at which these meters operate. PG&E also hired their independent inspectors. to confirm. They are also very familiar with the World Health Organization, who have not come out to state the meters as a health hazard. They are more concerned with cell phones. Smart Meters are similar in wattage, but a phone is held next to your head, whereas the Smart Meters are physically farther away. Also the amount of time of energy transmission is different. On average, Smart Meters transmit 45 seconds a day, as opposed to cell phones which are used more frequently throughout the day. There is much wireless technologies used by the average person throughout our daily lives such as microphones, internet, and stereos. RFP technologies have been around for a long time, it is just being applied to the Smart Meters. Herz distributed various literature Thornton asked how often data is transmitted. Electric Smart Meters take information hourly and send every 4 hours. The gas meters send the data every 6 hours. The meters do communicate with the network more often, just as cell phones do and that is how the power is regulated. Herz confirmed the access points for electricity and gas are different. The access point for electricity sends and receives Kroot asked firstly about the 601microwatts per cm sq. Herz stated that is the FCC standard, that the Smart Meters need to below that. For example, if you were one foot away from the meter, you would be 8.8 microwatts per cm sq, which is substantially below the standard. In regards questions have been raised regarding banks of meters, such as at apartment buildings, there is no additional power because the meters transmit at different times. Therefore there is no additional increase in wattage. Coleman asked who pays for the new technology, if specifically the rates will increase. Tang advised that the overall cost is $2.2B to install 10M meters. One oft the conditions oft the Commission is that the program needs to be self funding, SO the meters need to pay for itself during the lifetime of the meter. Savings are directly accruing to the rate payers after the first year of capital investments. Thornton stated Councilmember Bergman from Fairfax, who was to present opposing views was not able to attend tonight. She brought up a few of his concerns, which were security oft the meters, concern about privacy of consumer data, fires and safety issues, costs and compulsory participation. Judy Shills, is disappointed as a resident that equal time for those against Smart Meters was not heard. She feels aj precautionary principal is the guiding point. She stated that they don'tknow what EMR does to brain waves and child development. She feels we are the guinea pigs to the experiment when we  such as ai refrigerator magnet, that can be used to read the meter.  ofit is customer education oft the implication oft their usage.  regarding EMF and the World Health Organization statements.  information whereas it only sends information for gas.  3    Minutes oft the San Anselmo Town Council  July27,2010  don't know the effect yet. She feels proper testing needs to be done, human life needs to be valued, if not for our generation, but for our children. She feels not having a choice, that we cannot opt out oft the installation is a civil rights violation. Other countries are using fiber optic cables, not RFM SO. we may Valerie Hood agrees with Shills. As to the World Health Organization, she feels does not they have an open mind but are more favorable to the power industries. She feels the issues are unreliability, skyrocketing bills, health and environmental impact from microwave frequency radiation, privacy of usage, electrical and grid security, interference with medical devices, incompatibility to solar installation and job loss. All those antenna appliances with antennae in the house are increasing. She feels there is alack of honesty by PG&E regarding customer usage and also a special vulnerability about wireless Bob Spofford, Energy Chair of San Rafael, Sustainable San Rafael endorses Smart Meters. He feels there is much misinformation regarding this issue. He discussed a few points from the Fairfax report and disagrees with many of the facts found. He disagreed with the radiation exposure and health hazard finds. He feels much of their facts have been over exaggerated and that they should discuss this with Judy Holstin asked if the meter requires electricity to run. She would like to know how much power they require and who will pay for that. Thornton asked her to submit her contact information for an Pat Burton, stated companies are trying to make a profit and we should be wary. She gave a history of Jonathan Braun, Scenic Avenue, feels there are enough questions about this program to justify a moratorium. He is concerned with the scale of the project - replacing 10M meters, the energy impact, the disposal of the: removed meters. He strongly urges for aj pause or a moratorium to flush these out to Joan Weinheimer, is very concerned about the health effects. She does not trust PG&E and related them Mary Beth Branigan, owner of Ecological Options, did a documentary 10 years ago regarding the wireless revolution. She distributed some information. She feels the question regarding who will pay for the costs was not directly answered. As regards PG&E's response to the Bakersfield incidents, she felt their response was incorrect, that many people did feel the effects oft the rate increase. She urged the Council to join the County, San Francisco, Berkeley, Santa Cruz County, Scotts Valley and others to Kroot still has many questions, specifically the loss of jobs for the meter readers. He is also not convinced regarding the EMF. He hopes the council votes to send a letter to the CPUC and to join San Francisco regarding the moratorium. He is also interested in supporting an ordinance to ban the Smart McInerney is overwhelmed with the amount ofi information received. He understands the current system is from the 50's and sees the Smart Meters as a progressive effort. He empathizes that new technology  not know: its full effects.  communications in general.  knowledgeable experts ini radiation medicine.  answer.  her understanding of cell phones in San Anselmo.  make an informed decision. to the tobacco industry.  join the moratorium.  Meters.  4    Minutes oft the San Anselmo Town Council  July2 27,2010  can be intimidating but he feels it is the responsibility of the Council to act appropriately based on substantiated information and thinks it would be premature to make a decision before the CPUC releases their report. In looking at the material provided, he does not believe there is enough information to substantiate Fairfax's decision. He disagrees with making a decision before all the information is Coleman is not prepared to make a decision without the CPUCreport. She also agrees with Spofford to Thornton feels many of her questions have been answered. Isolating multiple efforts is very difficult and she is uncertain about the health effects. However, she feels things like Smart Meters are: important to our energy future. She brought up a stand by plant that is maintained year round to provide energy for 11 days of the year of peak usage. It is very costly to all of us as ratepayers. She thinks we could achieve energy efficiency through energy knowledge. The Quality of Life Commission is in contact with thel PUC, and feels we should wait until after the report is released to make an informed decision. Kroot believes Smart Meters are separate from grid maintenance and feels they will have to pay for its installation in the future. There is also a psychological side of the overwhelming of electronics and he Direction has been given to not take any action until after the release of the CPUC report. Coleman has asked for additional expertise and Kroot feels there wasn't enough balance of presentation from both  available.  bring in experts from the medical field to make an educated decision.  doesn't think the effects of cell waves are negligible.  sides.  4. ADOPTION AND SECOND READING OF AN ORDINANCE AMENDING THE SAN ANSELMO MUNICIPAL CODE CREATING CHAPTER 19 OF TITLE 9, GREEN BUILDING REQUIREMENTS. AND AMENDING TITLE 9, CHAPTER 1, CONSTRUCTION CODES; CHAPTER1 12.16, PLUMBING CODE: CHAPTER 12.12, CALIFORNIA BUILDINGCODE.  Senior Planner, Phil Boyle gave the report.  Kroot pointed to al letter received during break from a conçerned resident.  Jeff Scales, Barber Avenue, is strongly apposed because he feels it is very bureaucratic. No Town is in any position to advise the resident how to build his house. He also feels there is an extreme cost to be paid for this. He encourages green products and building methods, but is apposed to the ordinance. Ted Pew, Fairfax has reviewed the document and is concerned if this ordinance is final. The Council confirmed. He agrees with the program but thinks the resident should have a choice for the applicant and its costs. He feels the applicant should have a choice of the independent rater, architect and contractor for his project. An applicant should be able to present his plans to a Town Planner for approval and it would bei more cost effective. He also feels the cost to certify Town staffi is justifiable. Ed Moseley, Oak Avenue, questions the necessity of these ordinances because introducing these codes will make no change to the environmental impact on homes. He recommends the Town does not pursue the compulsory program because iti is very authoritarian and changes the flavor ofo our town.  5    Minutes of the San Anselmo Town Council  July27,2010  Roger Roberts, Marin Conservation League supports countywide consistency for green ordinance. The main place where cities can have a green impact is in building. He hopes the Council will adopt this Ross Asselstein, San Anselmo Avenue, compared the green ordinance to the LEED program, which evolved from its original intent to a different program. He feels we should allow the County to enact the program first and learn from it before proceeding. The building community is hurting and this ordinance will not help. He: is agreeable to a 2 year moratorium until thel building industry is stronger. Pat Burton is against the green ordinance because she feels we. have a very literate Planning Department that can address the issue without outside regulations. She thinks we can make our own decisions and Margo Bealey, Crescent Road, is very familiar with the green industry and feels the cost difference is not as significant as many believe, especially considering the cost benefits from reduced energy usage. She does not think this will make a significant impact on redevelopment and technology is advancing SO Jennifer Asselstein, San Anselmo Avenue, as an architect feels the costs exceed the benefits, that savvy architects can provide a better value than costly ordinances. She does not feel that there is a value to the Town or thel homeowner for the additional costs. She questions the real value ofa 3td tier ofconsultants.  ordinance and countywide tol help reduce out carbon imprint.  thus show leadership. She read her letter submitted earlier today.  quickly, we: need tol hold ourselves personally accountable for climate change.  John Mighgaard, green planner from San Rafael, is in favor oft the green ordinance.  Mathew Brasler, Agatha Court, is opposed to the ordinance because it is already very difficult to build in San Anselmo, and to add another layer oft bureaucracy would make things even harder. Considering the FAR ordinance, design review and view ordinance. already in existence, adding another hurdle would increase costs significantly. He doesn't: feel this ordinance will do what it is intended to do. He is very pro-green, volunteering on the Quality of Life Commission, but feels there would be better financial Kroot submitted a list of costs that are incurred for permits and fees in San Anselmo. He feels the costs are already excessive and do not need to add further. He does not agree with the ordinance because it brings in another rater. He is also concerned about the quality of some green materials and the qualifications of green raters. He feels the quality of material may be substandard and the liability would fall on the homeowner. As regards the green rater, he feels the minimal requirements to be one are not enough qualifications. The State is working on an ordinance that he feels should be looked at Coleman referred to the minutes from the past meeting regarding the expenses to the customers, and she still feels the cost exceed the benefits. She has confidence in our staff, more sO than in BIG. She does not agree with a single vendor to provide green services. She lives between two houses being remodeled and understands first hand the costs involved in building. She is pro-green, but feels this is not McInerney asked for clarification regarding a green rater for all projects. Boyle clarified that all new construction and remodels in excess of $300,000 will require a green point rater, and construction under  returns from other ways than by this ordinance.  before proceeding.  welcoming to young people moving into our' Town.  $300,000 can be rated by the architect or contractor.  6    Minutes of the San Anselmo Town Council  July27,2010  McInerney asked about the BERST project. It was started by contractors that are very favorable to green building. Green building is the only thing that will reduce costs in the future. He feels energy costs will increase in the future and the green ordinance will save the homeowner in the long run. San Rafael and the County have adopted the ordinance. Novato and other towns will be considering it in the fall. The County ordinance only deals with single family new homes. This ordinance deals with new constructions and remodels. McInerney is convinced by everyone involved that this ordinance will not have a negative impact on the building industry. He feels we need to take initiative on important issues, Thornton understands there is constant concern regarding additional costs brought about by the green ordinance. Most of the construction in San Anselmo are remodels and since remodels in excess of $300,000 are affected by this ordinance, she feels the impact is minimal. As regards construction in excess oft that cost, many homeowners may want to go above and beyond what the ordinance requires at Kroot is bothered by the dollar amount threshold. He feels there shouldn't be a difference in green dictated by the size of the project. He would be more agreeable to having staff trained to be a green rater and keep it in house, as Novato is indicating they will do. He agrees with a green ordinance,. just M/s, Mcinemey/lhomton, to adopt and provide a second reading of the attached San Anselmo Green Building Ordinance and direct staff to commission a study, at no cost to the Town, which demonstrates the feasibility and cost effectiveness oft the proposed ordinance and which will be submitted as evidence to the California Energy Commission (CEC). AYES: McInerney, Thornton, NOES: Coleman, Kroot,  such as this.  the time of construction.  not this one.  ABSENT: Greene The Item did not pass.  M/s, Mcinerney/coleman, to move the Item to the August 24th meeting when a quorum would be Kroot wants the records to show he feels this is a second reading sO its should be considered defeated. 5. REVIEW AND DISCUSSION ON 2010-11 PROPOSED BUDGET AND PROVIDE  present. AYES: Coleman, McInerney, Thornton, NOES: Kroot, ABSENT: Greene  DIRECTION7 TOSTAFF REGARDING ANY CHANGESREVISIONS: Finance and Administrative Services Director Daria Carrillo gave the report.  McInerney asked in regards to the Town Council salaries, if increase in salary was due to a midyear increase. Stutsman confirmed that it was increased in December, as legally dictated. He also asked for clarification regarding the Police Department salary. Maynard stated this is the first time since 2003 that the department has been at full staff, sO they were able to eliminate costs for overtime, training, vacation and sick time leaves. They were also able to reduce training costs by reducing to state mandated minimum training. The overtime savings is very specific to the police department only.  7    Minutes of the San Anselmo Town Council  July27,2010  He also asked about the vehicle code revenue that was overpaid by the County. Finançe Director Carrillo stated that repayment was static over the past 5 years. The overpayment was due to error made Coleman asked for non-Post personnel training clarification. Maynard clarified that the state reimburses for some of the costs of hotels, meals, etc. Non-Post training is like the RIMs training and Town pays for that cost and it is not reimbursed. Maynard also clarified a 25% reduction in the major crimes task force: is monies seized during major busts and is a one time payment. The Major Task Force decided to Coleman asked about the $13K for increase for overtime in General Fund for street maintenance. Stutsman clarified that this is for the summer hires and is cost effective. She is also concerned that the element of customer service seems to be left out of our goals. Stutsman advised that they are there but spread out in the first two goals. Customer service is a highlight in the other two previous goals. Kroot asked about the library tax, if there are less parcels than anticipated. Stutsman stated this is just an estimate, not the actual amount to be received. The addition of vacant parcels to the parcel count Rilla Chaney, Friends of the Library, is privileged to receive gifts in many ways children selling lemonade, gifts from individual children and concerts held by children. She also received an anonymous donation of $55K. The Rotary Club provided all the money for the summer reading program this year, as they've done in the past. Authors have come to downtown to read without charge. She also commended the library staff for their expertise. She presented donations of $10K from the ladies of the book sales, $8k to compensate for the budget shortfall, $38K for the childrens program left over from $100K reçeived 3 years ago from Lucasfilms. The town has been very generous to the Elihu Welber asked about highlights of the Library Tax regarding estimates for expected revenue which were used to calculate the Town's contribution to the Library budget. He asked why the Town feels the library budget should increase this year. Carrillo stated the numbers haven'ti increased but are based on the 2009 estimates. He also asked to clarify $12K difference in donations received and budgeted. M/s, Kroot/Mclnerney, to approve the budget presented and to come back at the next meeting with a resolution to approve it and the appropriation limit. AYES: Coleman, Kroot, McInerney, Thornton,  by the County and State and all the towns and cities were affected.  roll it back into the membership since revenues were decreasing.  make a small difference in the actual figure.  Library.  Carrillo stated thel budgeted amount is based onj past year budget.  ABSENT: Greene 6.A ADJOURN.  The meeting was adjourned at 11:17 pm in memory of] Nick Shay, young man who passed away earlier  this week and Gay Hunt, owner oft the Pet Cottage.  Respeetfillysubmited, Jeannie Courteau  8