TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF FEBRUARYS,2011  Present: Coleman, Greene, Kroot, McInerney, Thornton  Absent: None 7:00 pm  CALLTOORDER AND PLEDGE OF ALLEGIANCE. Mayor Greene called the meeting to order at 7:00 P.M.  ANNOUNCE ACTIONT TAKEN,IF ANY.INCLOSED: SESSION. Mayor Greenè announced no action was taken in closed session.  PRESENT QUALITY OF LIFE AWARD TO DICK MINER FOR REMOVING NON-NATIVE GROWTH IN SORICH PARK AND HELPING HIS ELDERLY NEIGHBORS MAINTAIN Woody Weingarten presented the Quality ofLife Commission's Green Award to Dick Miner. Mayor Ford Greene presented aj proclamation to Public Works Director Steve Myrter, commending Myrter for his tireless enthusiasm, dedication, hard work and for his service to the Town.  THEIR GARDEN.  OPENTIME FOR PUBLIC EXPRESSION  Michael Whyte, Whyte's Book Store, said he has heard a rumor that the new owner of the Rossi Pharmacy building, 539 San Anselmo Ave., has plans to take the building down and replace it with a park. Whyte does not. believe this is a good idea for many reasons, one reason being the loss of sales tax Stutsman stated the building has recently sold and no application has been made in regards to removing  revenue to the Town. the building.  COUNCIL REQUEST FOR FUTURE AGENDA ITEMS  McInerney suggests that the April 12 Town Council meeting agendize an invitation to. the Ross Valley Sanitary District and various agencies engaged in a series of sewage spills that occurred in the last few weeks of] December 2010. McInerney would like input from community and the agencies in regards to Kroot reported on the recent meeting oft the Safe Routes to School program where they discussed areas in town that are high risk for accidents. The high risk areas are Sir Francis Drake Blvd near. Drake High School and also the Butterfield intersection; Red Hill Ave near the mortuary; and San Anselmo Ave at Magnolia, Pine and Tunstead. They also addressed problem drop-off areas at Brookside Upper Campus and ai new: program called "Moms on Wheels" which focuses on improving bike riding skills for parents. Kroot announced the dates the Economic Development Subcommittee has scheduled for the upcoming summer events: the 10th anniversary of Beatles in the Park on July g!, the Art & Wine Festival on July 16th & 17th and Picnics on the. Plaza on Fridays evenings -July 22,29,Aug. 5,12, 19, and 26.  the lack oftimeliness of notification oft the incident.    Minutes oft the San Anselmo Town Council  February 8, 2011  Coleman commented that the San Anselmo Downtown Merchants Association will be organizing Easter festivities the week prior to Easter Sunday and they also will have a Mothers Day promotion. Coleman Coleman announced that neighborhood associations and groups are encouraged to promote Picnics on Greene commented on the method used to cut the grates that surround the trees on San Anselmo Avenue and expressed concerns that the cutting method has resulted in very sharp metal shards. Greene Regarding Marin Clean Energy Mayor Greene made a suggestion for the Town to change their type of Greene reported on the January 31 meeting of the Marin County Council of Mayors and Councilmember Pension Reform Ad hoc Committee stating the committee is doing a survey of the employer contributions. In regards to safety officers in the tier-one (highest level) pension system, out of-12 jurisdictions in Marin, the percentage oft municipal contribution range from 13% at the County to 77%at Twin Cities and San Anselmo is the 4th highest at 42.6%. Ift the current pension system goes unadjusted the committee anticipates the system will be broke by the year 2026. The ad-hoc subcommittee will be contracting with an actuarial to perform an actuarial study of the pension systems. Costs for the study Greene reported on the recent meeting of Marin Energy Authority stating Marin County is the first jurisdiction in the state to take advantage of the Community Choice Aggregation Act to purchase and manager power. MEA announced they expect a 14% reduction in ratés for the year 2012. Also MEA will be eliminating surcharges to customers who make changes to their type of power. Thornton noted MEA and MCE are not funded by tax dollars; they are funded by the rate payers. Thornton has been working with MEA in recruiting an executive officer and they believe Dawn Weisz has performed above and beyond what the agency expected. She has provided outstanding leadership, secured $2.3 million in financing for an 8 month old agency, and has increased green content product in comparison to what was initially offered. Thornton noted that Weisz is a key leader in the power Greene is interested in possibly providing amnesty for illegal second units in San Anselmo which otherwise would be conforming and he would like to see what has been done by some of the local  will report on the particulars as the dates approach.  the Plaza by sponsoring one ofthe Friday night events this summer.  requested for staff to review the grates and to remove the: sharp metal chards. renewable energy to the deep green 100% renewable energy program.  will be paid by. the cities and towns who decide to participate in the study.  industry and we are very fortunate to have her leading MCE.  jurisdictions.  Kroot would like to review the Town's-second unit ordinance.  CONSENT AGENDA: ITEMS ON THE CONSENT AGENDA MAY BE REMOVED AND DISCUSSED SEPARATELY. DISCUSSION MAY TAKE PLACE AT THE END OF THE AGENDA. OTHERWISE, ALLI ITEMS MAY BE APPROVED WITH ONE ACTION.  (a) Approve minutes of. January 25, 2011.  2    Minutes of the San Anselmo Town Council  February 8, 2011  (b). Acknowledge and file warrant numbers 68194 - 68389 issued during the month of January, 2011, ,in (c) Approve Resolution #3937 providing for free metered parking for plug-in electric vehicles (with no gasoline tanks) in Town parking lots, subject to posted time limits, for a one year trial period. (d) Approve Resolution #3938 designating signers on the Snack Shack checking account with (e) Approve date change for downtown event application for the San Anselmo Baseball Association opening day parade, to be conducted on Red Hill Avenue to Memorial Park on Sunday, March 20, (f) Accept as complete and authorize filing Notice of Completion of the Saunders Neighborhood Jonathan Frieman, Oak Drive, San Rafael, is in support of the proposed resolution providing for free metered parking for electric vehicles though he has concerns in regards to the wording of the resolution Woody Weingarten, Fernwood Drive, received email from Dale Miller, President of the San Francisco Electric Vehicle Association. Weingarten stated the email from Mr. Miller strongly supports the David Fox, Rock Road, commented that Tesla is not a typical represented electric car; owners will probably charge the cars on peak hours and hopes that when San Anselmo gets charging stations that M/s, Mclnerney/Kroot, to approve the consent agenda. AYES: Coleman, Greene, Kroot, McInerney,  the amount of$1,408,484.40.  Westamerica Bank.  2011, 8:30 a.m. to 9:00 a.m. Resurfacing Project.  and thinks the wording should be free unmetered parking or maybe just free parking.  proposed Town resolution for free metered parking for plug-in electric vehicles.  they will be charged with the dark green power.  Thornton. NOES:N None.  2. BRUCE KERNS/ANNA VAN DEGNA AT STONE & YOUNGBERG REGARDING POSSIBLE REFINANCING OF THE MEASURE G GENERAL OBLIGATION BONDS Finance and Administrative Services Director Daria Carrillo presented the staff report requesting council to. consider the possibility of refinancing three of the four series of Town's outstanding general obligation bonds and provide direction to staff. Carrillo stated that by refunding the outstanding bonds there is aj possibility ofs savings to the taxpayers. Carrillo introduced Anna Van Degna, Vice President of Anna Van Degna explained that when the voters of San Anselmo voted in Measure G in 1996 the average annual tax per $100,000 of assessed valuation was estimated at $33 and the highest tax in any year would be approximately $55. Average annual taxes based on historic assessed valuation growth and future growth are anticipated to average. just under $27 per $100,000 ofa assessed value for the life of Van Degna presented different scenarios in which the Town could refinance the first three series of bonds: one scenario assumes that the three outstanding bonds would be refinanced over the same period of years as the original bonds; another scenario assumes the three outstanding bonds would be refinanced with a shorter repayment period for the refunding bonds. The total debt service savings is  DUETOLOWERED INTEREST RATES.  Stone & Youngberg, the Town's bond financial advisor.  the bond issues and the highest annual tax is anticipated to be $41.  3    Minutes oft the San Anselmo Town Council  February 8, 2011  larger with the "shorter maturity" approach compared with the "original maturity" approach. However, the property tax benefit achieved with the shorter maturity approach wouldn't be significant to. local property owners until 2021-22, the beginning of the period over which debt service would be substantially reduced or eliminated by the shorter maturity. With the original maturity approach, local property owners would experience a noticeable reduction in property taxes next year as: reflected in their 2011-2012 tax bills, although the amount of the reduction wouldn't be as large in any single year as the reduction that would be accomplished with the shorter maturity approach. Total savings to the Town's taxpayers would be between $758,815 and $1,102,182 depending on the option chosen. The average annual tax savings based on the 2009-2010 median assessed value for a single family home in San Van Degna estimates the refinance costs to be $135,000 which would be for various costs such as attorney fees for drawing up bond documents, printer fees, Standard & Poor's fees, Stone and Youngberg for assisting in selling ofthe bonds. There would be a fee to the verification agency as well  Anselmo of $428,762 would be either $7.91 or $8.63, depending on the option chosen.  as typical issuance costs associated with the refinance.  McInerney asked if other Marin agencies have refinanced their bonds. refinanced however many cities do not have general obligation funds.  Van Degna stated the Ross Valley School District and Tamalpais Union High School District have Van Degna stated the costs would be paid out of the bond proceeds and there is no fiscal impact to the  Town.  Kroot is concerned with interest rates slowly creeping up in relation to the costs.  Van Degna stated they would come back to Council with a threshold amount that would be set by. Council. Van Degna noted that if the Town decided not to go through with the refinance after thè process has been started the Standard and Poor's fee for rating, approximately $8,500, could not be  refunded.  Greene opened the discussion to public for comment. There was no public comment.  Kroot thinks Council owes it to the property owners for the immediate savings and should proceed with  the refinancing.  McInerney agrees with] Kroot in regards to the immediate savings to property owners. Coleman supports the idea though she does not feel iti is a great amount of money.  Thornton thanked staff for bringing this] proposal to Council.  M/s, Thornton/Kroot, to direct staff to process the refinancing of three of the four series of the Town's outstanding general obligation bonds using the original maturity date. AYES: Coleman, Greene, Kroot,  McInerney, Thornton. NOES: None.  4    Minutes oft the San Anselmo Town Council  February 8, 2011  3. RECEIVE REPORT FROM THE ROSS VALLEY FIRE CHIEF ON THE WILDLAND URBAN INTERFACE CODE AND VEGETATION MANAGEMENT PLANNING AND Ross Valley Fire Chief Roger Meagor presented the staff report stating that concerns have been raised by Councilmembers and members of the Open Space Committee regarding implementation of the Wildland-Urban Interface Code, specifically as it relates to the removal of vegetation in order to meet the defensible space requirements through the development of Vegetation Management Plans. A Vegetation Management Plan is required for all new homes and structures, subdivisions, and those buildings that are undergoing a substantial remodel that are within the Wildland Urban Interface. The Ross Valley Firé Department has adopted a standard for the development and implementation of a Vegetation Management Plan. The standard was developed pursuant to Appendix IIA of the Uniform Fire Code, adopted by local Ordinance, and Section 4290 and 4291 ofthe Public Resources Code. The Meagor acknowledged that staff is aware of the concerns related to the removal of large amounts of vegetation, the effects that removal has on potential erosion issues, as well as other visual impacts. In order to address the concerns staff conducted a review of the completed and permitted VMP's. Staff found the majority of the projects included only limited fuel modifications, which included the removal ofnon-native evasive species, removal of small pyrophoric trees, and replacing pyrophoric plants with more fire resistive plants. There were one or more projects however, because of their location, access issues, fire flow, or extensive fuel load that resulted in more extensive fuel modification. For these projects, we looked at the plan review and approval process. As a result, several changes have been implemented. For projects that require substantial fuel modification, the VMP will need to be submitted and approved prior to the issuance of a building permit. The VMP will be reviewed by the Building, Planning and Public Works departments. Also for these projects a site visit will be conducted to ensure that the plan being submitted accurately reflects the current conditions and that the proposed Meagor feels the reduction of flammable vegetation through the implementation of a Vegetation Management Plan is just one of the many tools used to reduce the risk ofa devastating wildfire and that the need for fire safety within the Wildland-Urban Interface can work hand-in-hand with other  COORDINATION.  standard is also consistent withj jurisdictions throughout the County of Marin.  modifications will meet the intent of the Code.  community issues.  Coleman asked what determines a "substantial remodel".  Meagor stated the definition ofa a substantial remodel is when a 50% or more ofas structure is remodeled; Coleman has concerns the permit process is being put on the Fire Department rather than the Town's Building Department or Public Works Department. Coleman asked who creates the Vegetation Meagor replied standards have been developed on how to create a Vegetation Management Plan and Stutsman stated VMP is important but all oft the elements for submittal of a substantial remodel or ai new home are included in the documents submitted for a permit and then are dispersed to all the various  the definition isi in the Town's Municipal Code, the Fire Code and the WUI Code.  Management Plan and how does it get developed.  most VMP's are designed by landscape architects who meet the specific plans.  5    Minutes of the San Anselmo Town Council  February 8,2011  departments for their review. The Landscape Plan/Vegetation Plan is just one part of it and it is all  reviewed at the same time.  Thornton asked if ani interim step would be to trim bay trees to certain height.  Meagor stated the problem with vegetation screening is the continuity of fuels and this is the reason underbrush is removed as vegetation. Lower vegetation is acceptable; however, it is the continuous upward vegetation that causes problems. On small properties vegetation screening is difficult because there is no way to have screening without the vegetation being very close to the structures; with larger parcels it is possible to stagger the vegetation. Regarding the Barber project four trees were removed, each tree size being less than seven inches in diameter and a lot of brush was removed from the hillside. Meagor stated that iti is not typical for the Fire Department to request removal of] Bay Trees. McInerney asked if San Anselmo's ordinance is similar to Fairfax's ordinance and/or other local towns. Meagor acknowledged that San Anselmo's ordinance is the same as Fairfax's ordinance; it is very Mclnerney recognized that the letter from the Open Space Committee refers to vegetation removal resulting in slope stability problems and questioned if problems have resulted in regards to vegetation Meagor confirmed he is not aware of any slope stability problems resulting from the implementation of the Town's ordinance and stated that traditionally on the plans the smaller bays are being removed and Greene asked ift the process of analysis ofa Vegetation Management Plan requires written assessment of Meagor explained that they review the VMP to see: ifit meets the criteria for providing defensible space. Stutsman noted the VMP is reviewed by all four departments and it is the Public Works Department which reviews the plans to see if there are heritage trees involved for adherence to the Town's Heritage Kroot feels some of the VMP's can be very costly to homeowners; costs can vary between $10,000 and $100,000 for such requirements as widening driveways or extending water mains and people feel beat Jonathan Braun, Open Space Committee member, stated the Committee has strong concerns that the WUI requirements are too strict and this is creating a conflict. Braun feels there is a basic conflict in values regarding the Town's planning codes, fire protection and strict WUI requirements and he thinks. that a less draconian attitude and approach would help balance the conflicting values. Braun is appreciative of tonight's discussion to implement more interaction and more discussion between thè  similar to Mill Valley's ordinance and others in Marin.  removal and the Town's ordinance.  the larger oaks are not being removed. heritage trees. Meagor replied no.  Tree Ordinance.  up when they go through the process.  departments and agencies.  6    Minutes of the San Anselmo Town Council  February 8, 2011  Brian Crawford, Oakland Ave, Open Space Committee member, feels WUI should not be enforced to the strictness of the WUI guidelines, and that if guidelines are applied reasonably rather than rigidly we Cherilyn Gilboy, Luna Lane, has concerns with property re-sales and annual inspections in relation to vegetation removal on slopes/hillsides and suggests replanting areas where slope vegetation removal has Kathleen Sanders, Redwood Road, Open Space Committee member, said her neighbors on Bald Hill were asked to remove all the bay trees on their property. Sanders. noted that when bay trees are removed Meagor said most of the Bay Trees being removed are the smaller Bay Trees and noted that the RVFD Kroot would like to see more flexibility used when enforcing the code and he feels the flexibility will McInerney acknowledged the Ross Valley has a great deal of vegetation, with narrow ingress/egress. McInerney feels there is a misunderstanding with some of the people who feel code enforcement is too strict and that it is very important for the Fire Department to have excellent communication skills with the public. McInerney encourages members of the Open Space Committee to attend some oft the RVFD Coleman gave appreciation to the Open Space Committee for bringing the discussion to Council. Planning & Building Director Diane Henderson, emphasized the importance of flexibility when working together and the importance of getting the Vegetation Management Plan early on in the permit process. Thornton feels that flexibility is important in moving forward and stressed the importance of increased awareness of property maintenance in the Ross Valley. Thornton suggests Council revisit the issue in a Town Manager Stutsman suggests creating a defensible space brochure/flyer that is available for property owners and noted the RVFD website has information regarding defensible space guidelines. Greene believes it is a situation of aesthetics versus safety and he feels too many rules are too strictly applied and are an expense to the homeowner. Greene would like to see feedback from the community Greene summarized Council's direction to staff to use even more sensitivity; to be sensitive when  could all still be safe and also enjoy a lovely town.  occurred.  scotch broom takes over.  does try to educate the public in regards to erosion and cutting back vegetation.  help people tol be more receptive to accepting the rules.  Board meetings.  year to make sure communication is constant and open.  on the subject.  balancing tensions and conflicting values; and to compile a defensible space. handout.  4. RECEIVE REPORT REGARDING THE TOWN'S CURRENT FRANCHISE  AGREEMENTS.  Council directed staff tol bring this item back at the next Council meeting.  7    Minutes of the San Anselmo Town Council  February 8, 2011  5. ADJOURN.  The meeting adjourned at 10:10. P.M. Respectfully submitted, Joanne Kessel  8