TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF FEBRUARY22, 2011  Present: Coleman, Greene, Kroot, McInerney, Thornton CALLTOORDER. AND PLEDGE OF ALLEGIANCE Mayor Greene called the meeting to order at 7:10 p.m.  Absent: None  Librarian Lindal Kenton introduced Children'sI Librarian April Hayley. ANNOUNCE. ACTIONTAKEN. IFANY.INCLOSED SESSION  No action was taken in closed session. OPEN' TIME FOR PUBLIC EXPRESSION  Donna Bjorn, Brookside Drive, advised that she represents the League of Women Voters. Bjorn has been working with the League on an ordinance addressing independent expenditure committees and explained that the ordinance is.a fairly modest one establishing requirements for disclosure on voting materials and on reporting for the jurisdiction in which the election takes place. The ordinance is to be discussed at the forthcoming meeting in Tiburon and has been passed by both San Rafael and the County. Bjorn requests Council to place the issue on a future agenda for discussion in San  Anselmo.  COUNCIL REQUEST: FOR FUTURE AGENDA ITEMS  Councilmember Coleman requested discussion of the Sir Francis Drake traffic plan and cited a reçent Policé Department report that indicates a significant number of collisions Town Manager Stutsman reported that Traffic Consultant David Parisi will be returning with some possible barrier solutions; Assistant Public Works Director Sean Condry will Councimember McInerney thanked Donna Bjorn and supports her request to consider discussing an ordinance, as it is a modest but positive step in terms of addressing disclosure for campaign mailers and the ordinances passed thus far have been fully vetted by the San Anselmo Town Attorneys as well as County Counsel. McInerney requests that the matter bel brought back to Council for discussion within the next month. McInerney further advised that he serves on Flood Zone 9's advisory board. Last month Marin County Watershed Program Project Manager Jack Curley and others advised of an application for grant funding available from the state to turn Phoenix Lake into a detention basin for heavy rainfall. Mclnerney is looking forward to the next meeting of the Flood Zone meeting sol he will have something to report on the subject. Greene reported that recent storms have caused a lot of debris to wash down into the street at the corner of Kensington and Austin and should be addressed.  on Drake.  check in with Parisi.  ITEM 1(a)    DRAFT! Minutes oft the San Anselmo' Town Council  February 22,2011  With regard to discussion oft the Wildland Urban Interface (WUI) at the previous Council meeting, Greene noted that. the purging of lower story vegetation has an adverse impact Greene further noted that he recently attended a breakfast meeting of the Marin Conservation League where State Senator Mark Leno gave a rundown of the proposed state budget and the Brown administration's plans. Greene invited those interested to call 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 (b) Approve the Revenue and Expenditure Report for the period ending January 31, 2011 (c) Approve Recreation Revenue and Expenditure report for the period ending January (d). Approve Emergency Projects Fund (flood related) Revenue and Expenditure report (€) Approve contract with Wayne Bush for Interim Public Works Director at 10 hours (f) Approve contract with STC Design and Engineering for full time (40 hours per week)  on wildlife habitat and that protective measures' should be taken.  him for details.  BE APPROVED WITH ONE ACTION (a) Approve minutes of] February 8, 2011  31,2011  for the period ending January 31, 2011  per week.  Assistant Public Works Director Sean Condry (g) Proclaim April 2011 Fair Housing Month  Greene opened discussion to the public; as there was no comment, he returned discussion  to Council.  Greene removed items (b) and (e) from the consent agenda AYES: Coleman, Greene, Kroot, McInerney, Thornton  M/s, Kroot/Mcinerney, to approve items (a), (c), (d), (f), and (g) on the consent agenda.  NOES: None year at this time.  With regard to Item (b), Greene noted that revenues to date are lower than they were last Finance and Administrative Services Director Daria Carrillo explained that approximately $450,000 of the figure has to do with the Sleepy Hollow Fire Department becoming a member ofthe. Joint Powers Authority and consequently no longer making a contribution to the Town. Carrillo further explained that there is a corresponding decrease ine expenditures as ai result of the fire department's change. She added that $71,000 oft the decrease in revenues has to do with a change in sales tax reporting and is strictly a timing issue; it appears sales tax revenues will ultimately exceed the budget by year's end. Finally, property tax revenues are approximately $35,000 less than last year-to-date. With regard to item (e), Greene meant to request discussion of item (f) approving a contract for Assistant Public Works Director Sean Condry. Greene acknowledged that  2    DRAFTN Minutes oft the San. Anselmo Town Council  February 22, 2011  Mr. Condry has been invaluable in getting the Fire Station renovations completed and has been a tremendous asset to the Town in general; still, hel believes that in this time of fiscal Stutsman explained that Condry. has been working nearly full-time for the Town and noted that he is being compensated from a few sources, including Road Maintenance, Unassigned Engineering Pay, and Outside Services. As the Town is no longer paying a Director of Public Works salary, the current arrangement will probably provide some McInerney clarified that the Town compensates Condry as a contractor and does not Stutsman confirmed, noting that additionally, Condry is not compensated for holidays or McInerny asked if the Town Attorney agrees that there is no risk with regard to Stutsman confirmed and noted that the arrangement has been studied carefully. and M/s, Kroot/Thornton, to approve items (b), (e), and (f) on thè consent agenda.  adversity, all financial decisions should be examined carefully.  budgetary relief.  provide healthcare or pension benefits.  other days off.  misclassification asi it regards Condry's work as a subcontractor.  approved by the' Town Attorney.  AYES: Coleman, Greene, Kroot, McInerney, Thornton  NOES: None  2. APPOINTMENTS TO THE OUALITY OF LIFE COMMISSION AND ARTS Stutsman presented the staff report and advised that there are two vacancies and one applicant for each commission: Colleen Proppé and has applied to the Arts Commission and Lea Dutton has applied to the Quality of Life Commission. Recruiting efforts are on- Greene opened the discussion to the public; as there were: no comments, he returned the  COMMISSION  going to fill the remaining posts. discussion to Council.  M/s, Kroot/Coleman, to move the two applicants. AYES: Coleman, Greene, Kroot, McInerney, Thornton  NOES: None  3. REPORT ONT THE COST OF' THE MARIN CLEAN ENERGY DEEP GREEN OPTION FOR TOWN FACILITIES AND PROVIDE DIRECTION TO STAFF Stutsman presented the staff report. San Anselmo is a member of Marin Clean Energy, a renewable energy alternative to PG&E's electric supply. The Town is currently enrolled in the standard light green energy program and had the choice to opt out oft the program, to continue with the light green program, or to choose the deep green program-an alternative that is 100% renewable energy. Council chose light green and could choose to  REGARDING CHANGINGTHE TOWN'S CHOICE  3    DRAFTI Minutes oft the San Anselmo Town Council  February 22,2011  change to deep green. The cost to move from light to deep green is one cent per kilowatt Greene opened the discussion to the public; as there were no comments, he returned the Councilmember Thornton supports going forward with the deep green option, citing tremendous benefits in making this choice. She believes it is a low cost way to reduce overall greenhouse gases and observed that it presents an opportunity for earning a considerable number of greenhouse gas credits for the cost. Thornton reminded all that AB-32 and SB-375 are on the horizon and will be requiring the Town to reduce McInerney believes the deep green option is the right choice for combating climate change and reducing greenhouse gases but observed that he would rather see funds directed toward efforts with a more direct impact on residents, such as road maintenance and recreation programs. He added that the Marin Energy Authority is doing a great job Coleman sees it as a difficult decision, recognizing that the Town needs to lead the way in reducing green house gases at the same time that is facing difficult financial challenges. Ultimately, she cannot support the deep. green option at this time and believes Kroot agrees with McInerney and Coleman. He is concerned about the $7,000 expenditure and would like to reexamine the deep green option in a year. Greene advised that he asked for this item to be placed on the agenda. While he recognizes, acknowledges, and agrees with issues Kroot, Coleman, and McInerney have raised hel believes real efforts must be made to attempt to combat global warming. Thornton asked about forthcoming requirements for reduction in greenhouse gases. Stutsman responded that AB 32 does have some specific reduction goals. The Town is a member of the Marin Climate and Energy Partnership, which has hired a consultant to prepare climate action plans for each city. When a draft is available for San Anselmo's plan, it will be brought to Council and discussed in terms of setting target reduction goals. Stutsman noted that one of the easiest and most affordable ways of meeting greenhouse gas reduction goals is through the Marin Energy Authority's deep green 4. REPORT ON THE ORDINANCE 1073 (SAMC $ 10-3.1607), APPROVED JUNE 23, 2009, ALLOWING FOR A TEMPORARY EXTENSION OF PLANNING ENTITLEMENTS FOR ONE YEAR, DUE TO THE NATIONWIDE ECONOMIC RECESSION AND PROVIDE DIRECTIONTO STAFF REGARDING RESIDENTS' REQUESTS TO EXTEND THESE  hour and amounts to approximately: y$6 6,800 per year.  discussion to Council.  greenhouse gases.  and supports remaining with the light green option at this time.  its should be examined again in a few years.  program.  PERMITS BY ONE ADDITIONAL YEAR  Kroot recused himself.  4    DRAFTMinutes of the San Anselmo' Town Council  February 22,2011  Interim Planning Director Diane Henderson presented the staffr report.  Per the Municipal Code, the duration of planning approval is one year from the date of approval. The Town's policy is to extend approval by one additional year as: requested by Ini response to the nationwide economic recession, Ordinance 1073, approved on June 23, 2009, extended approval further, through June 30, 2010. On July 1, 2010, the approval Mr. Epstein of Richmond Road received approval of a project in 2008. As a result of receiving extensions, Mr. Epstein's planning approval will now expire in March of2011. He would like to extend that deadline and, to that end, requested that the matter be Henderson explained the reasons for placing deadlines on approval of planning projects; specifically, planning and construction codes change over time and those with extensions are not held to the same, revised standards as current applicants. Additionally, neighbors receive notification of planning proposals and, if a significant period of time elapses between the approval and the actual commencement of construction, neighbors who have taken title after the approval may be surprised when construction begins next door or Town Attorney Riley Hurd clarified the terms of Ordinance 1073, noting that staff had interpreted and applied the ordinance in the way they believed to be consistent with the As a result of staff's lenient interpretation of Ordinance 1073, Mr. Epstein and other applicants had received generous extensions beyond. that granted by the Municipal Code, Hurd requested direction from Council as to interest in extending approvals further or. Discussion ensued addressing (1) the costs of reapplying for planning approval; (2) the potential for extending planning approval for one additional year beyond the scope of Ordinance 1073; (3) consideration of intervening code amendments, such as the Excavation, Green Building, Flatland FAR ordinances, and revised design review findings; (4) clarification of discretionary planning approval VS. the ministerial building permit process; (5) the possibility of extending planning approval conditioned upon meeting new code requirements; (6) retroactively extending approval conditioned upon meeting recent code amendments; and (7) the potential costs and/or savings from  the applicant.  period reverted to that described in the Municipal Code.  brought to Council.  across the street.  intent of Council rather than with strict adherence to thel legal reading.  Planning Department policy, and Ordinance 1073.  not.  conditionally extending planning approval. Greene opened the public hearing.  5    DRAFTI Minutes oft the San Anselmo Town Council  February 22,2 2011  Ralph Epstein, Richmond Road, explained that his project at 129 Madrone Avenue was approved in March, 2008. Epstein believes his project complies with current flatland FAR regulations and hel has no objections to complying with current construction codes. He noted that the current economic climate has prevented him from beginning construction and the carrying costs on his property over the past two or three years have been staggering; consequently, the cost ofreapplying for planning approval at this time is Epstein advised that he has worked with his adjacent neighbors, both of whom have signifiçant encroachments on his property. The neighbors to the north of Epstein were originally opposed to his project and are no longer opposed. Epstein recently negotiated a 75-year agreement allowing the neighbors to keep the two feet of their garage that encroach on Epstein's property. He has a similar verbal agréement with the neighbors to Epstein observed that. no one knows when the window of opportunity. for securing construction loans will reopen and that had he known of the legal limitations on his planning approval, he would have çome to the Council a year earlier requesting extension As there was no further public comment, Greene returned the matter to Council for McInerney noted that Epstein's project approval coincided with the economic collapse and, while recognizing the inherent challenges, he would like to see staff return to Council with an ordinance or game plan allowing conditional extension of planning Thornton observed that the. process for reviewing a project for conditional extension of planning approval is identical to that of reviewing a new application for planning approval with regard to conformance with currènt planning codes. Further, she noted that the applicants have received more generous extensions already than were anticipated. Thornton recommends applicants either returning to the Planning Department with new applications when they are ready to move forward with their construction projects or Coleman believes the spirit of the ordinance should- be acknowledged, reminding all that Greene believes that acknowledging the spirit of the ordinance means renewing it with some clarity and keeping it simple, with the understanding that these kinds of extensions Hurd asked Coleman to elaborate as to whether she is for or against extending the  prohibitive.  the south.  ofhis approval.  discussion and direction.  approval for the five projects under consideration.  applying for building permits at this time.  thej process for planning approval is arduous and expensive.  will not be granted forever.  approvals.  6    DRAFTI Minutes oft the San Anselmo' Town Council  February 22,2011  Coleman supports extending the planning approvals but wonders how current applicants Further discussion ensued with regard to developing a policy for granting additional extensions of planning approval in consideration of applicants not able to secure Greene clarified that the goal is to provide relief to appliçants affected by thé economic recession, making a rational differentiation between applicants taken by surprise by the downturn and applicants embarking on projects during the recession, the latter class of applicants presumably having made ai more: informed decision toj proceed. Inr response to Hurd's request for clarification, Greene suggested a one-year extension. Thornton proposed extending the applications through December 31,2011.  can bel held to different standards than those asking for extensions.  construction loans at this time.  In response to Thornton's request for clarification as to currently held extensions, Henderson replied that there are four projects with approval that currently extends beyond 2011 and that, if she understands Council's direction, these projects would not be In response to McInerney's request for clarification, Henderson confirmed that the current proposal under discussion would apply only to two projects Mr. Epstein's and one other-which are currently due to expire during 2011 but would be extended until Thornton clarified that both projects under consideration for extension to December 31, After further discussion as to the length of the term of the proposed extension, Hurd clarified that staff is to return to Council with a mechanism for granting planning approval extension to projects approved in 2008 sO that they may remain active through  eligible for extension beyond those which have already been granted.  December 31, 2011,ifCouncil agrees.  2011,had previously come to Council under appeal.  June 30, 2012.  5. REPORT REGARDINGTHE TOWN'S CURRENT FRANCHISE  AGREEMENTS Kroot returned to the dais.  Stutsman presented the staff report, reviewing the three franchise agreements the Town holds with: (1) PG&E for both gas and electricity, (2) Marin Sanitary Service for refuse and recycling services, and with (3) Comcast through the Marin Telecommunications Coleman asked when the Marin Sanitary Services agreement will be reviewed. Stutsman responded that Marin Sanitary has requested a rate increase from the Town and  Agency (MTA) for video services.  itv will probably bel brought back to Council in March.  7    DRAFT Minutes oft the San Anselmo Town Council  February 22,2011  Kroot observed that the amount the Town receives from PG&E (.05% of electrical services revenue and 1% of the gas service revenue in San Anselmo) seems low and Stutsman responded that the amount of revenue has increased with the increase in the number of points ofservice and rising costs and she believes iti is standardized throughout all cities and counties. Stutsman further advised that PG&E is currently performing an Greene advised that he had requested the review of franchise agreements to highlight this source ofi revenue and to demystify franchise fees. As he understands it, the franchise fee is remuneration to the Town for the franchisee's use of the Town's infrastructure to generate income. Greene noted that franchise fees contribute a significant amount to the Thornton clarified that with regard to video services covered by the MTA agreement, the Stutsman noted that Thornton's clarification applies to gas and electric services as well. For refuse and recycling services, however, the franchisee is paying for the right to b. APPOINT REPRESENTATIVE TO THE SUSTAINABLE COMMUNITY Stutsman presented the staff report. SB-375 requires the integration of greenhouse gas reduction with regular transportation and housing planning. The responsibility for meeting the requirements goes to ABAG and the Metropolitan Transportation Committee. The responsibility to adopt the Sustainable Community Strategy lies with individual governments and the resulting plan will become a blueprint for future regional transportation and land usé. The Marin SCS Ad Hoc Committee will give local government a forum to consider the various proposals leading to a final strategy.  asked ift these rates had been negotiated al long time ago.  audit of all points of service in all citiès.  Town'si revenues.  video providers use the publicr rights-of-way for a private purpose.  provide exclusive services.  STRATEGY AD HOC COMMITTEE  Stutsman asked for a volunteer to join the committee. Greene volunteered to fill the position. Thornton volunteered to fill the alternate position.  M/s, Mclnerney/Kroot, to participate in the Sustainable Community Strategy ad hoc committee and to. appoint Ford Greene as representative and Barbara Thornton as  alternate. NOES: None  AYES: Coleman, Greene, Kroot, McInerney, Thornton  8    DRAFTI Minutes of the San Anselmo Town Council  February 22,2011  7. APPOINT ALTERNATE REPRESENTATIVE TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAM Stutsman presented the staff report. The CDBG provides grants to local governments for housing, community facilities, and human service programs serving lower-income residents. Each year the upper Ross Valley CDBG priority setting committee meets to decide funding for local projects. Councilmember Thornton is the Town's representative  on that committee and an alternate committee member is being sought.  Coleman volunteered to act as an alternate.  M/s, Mclnerney/Kroot, to appoint Kay Coleman as an alternate to the CDBG committee.  AYES: Coleman, Greene, Kroot, McInerney, Thornton  NOES: None 8. ADJOURN  Greene adjourned the meeting in support of Councilmember Thornton at 9:20 pm.  Respectfully submitted, Nancy Harris  9