TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF. JANUARY 25, 2011  Present: Coleman, Greene, Kroot, Mclnerney, Thornton  7:00p pm  CALLTO ORDER AND PLEDGE OF ALLEGIANCE. Mayor Greene called the meeting to order at 7:00 pm.  ANNOUNCE ACTION TAKEN,IF ANY,N CLOSED SESSION.  No action was taken at closed session.  QUALITY OF LIFE SILVER AWARD WAS PRESENTED TO TERI AND ALEX ROCKAS FOR LEADING THE VOLUNTEER EFFORT TO DEVELOP THE RED HILL COMMUNITY DOGPARK. AND SUSTAININGTHE SPIRIT OF VOLUNTEERISM THAT EXISTS TODAY. Woody Weingarten, Chair of the Quality of Life Commission presented the Silver Award to Teri and  Alex Rockas.  OPENTIME FOR PUBLIC EXPRESSION.  No one spoke at this time.  COUNCIL REQUEST FOR FUTURE AGENDA ITEM..  Thornton stated that the Wildfire Urban Wildland Interface implementation was discussed at the last Ross Valley Fire District meeting and that she would like to discuss the implementation further at a Council meeting. Councilmember Kroot concurred. Councimember Coleman brought up Marin Emergency Radio Agency and felt it merited further discussion. Kroot provided a brief history of MERA and its current state. The radios are getting older and will require replacement in the upcoming future, This issue will be discussed further at the Marin County Council of Mayors and Mayor Greene commended the public works staff for grating the trees on San Anselmo Avenue. He also asked that street cleaning schedules be made available sO residents can move their car, in addition to the Marin Sanitary Services. Stutsman advised that she is meeting with Marin Sanitary and they will be discussing sector change for all of San Anselmo SO garbage collection is coordinated with garbage pick up. Town Manager Stutsman answered that this is a complicated matter, not be implemented  Councilmembers upcoming meeting.  immediately, but iti is being addressed.  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. (b) Acknowledge and file warrant numbers 67956 to 68193 issued during the month of December, 2010  (a) Approve minutes ofJanuary 11, 2011. int the amount of$1,293,611.31.  ITEM1 1(a)    Minutes oft the San Anselmo Town Council  January 25,2011  (c) Approve the Revenue and Expenditure Report for the Quarterly Treasurer's Investment Report for (d) Approve the Recreation Revenue and Expenditure report for the period ending December, 2010. (e) Approve Emergency Project Report Fund (flood related). Revenue and Expenditure report for the. (f) 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, M/s, Kroot/Thornton, to approve items (a), (b), (e) of the consent agenda. AYES: Coleman, Greene, As regards item (C), Coleman asked for clarification regarding the treasures Investment Report, to point out the two different reports addressed. Finance & Administrative Services Director Carrillo provided As regards item (d), McInerney asked about. the history of the declining revenues and increased expenditures. Donery advised that difference is due to the change in start date of the new program. In the past, revenue from the first 3 weeks of the summer has always been applied to the past year. Therefore, we won't have a true record until we've. experienced a full year with the new software. He asked about the impact of the new software and registration online. Donery stated again, they really won't know until after a full year's cycle. There have been several classes that have increased in M/s, Mclnerey/Coleman to approve items (c) and (d) of the agenda item. AYES: Coleman, Greene, As regards item (f), McInerney stated the San Anselmo Baseball Association has changed the date oft the M/s, Mclnemney/Kroot to approve removing the item (f) of the consent agenda per request of San Anselmo Baseball Association until the actual date is decided. AYES: Coleman, Greene, Kroot,  thej period ending December 31, 2010. period ending December 31, 2010. 2011, 8:30 a.m. to 9 a.m.  Kroot, McInerney, Thornton, NOES: None.  the clarification.  attendance, but he feels it's too early to credit the new. software.  Kroot, McInerney, Thornton, NOES: None.  parade and asks the item bei removed until a specific date is agreed upon.  McInerney, Thornton, NOES: None.  2. RECEIVE REPORT FROM' THE QUALITY OF LIFE COMMISSION TO PROVIDE FREE METERED PARKING FOR ELECTRIC VEHICLES IN TOWN PARKINGLOTS. Police Chief Maynard discussed the letter received from the Quality of] Life Commission and introduced Weingarten advised that at this point, because there is sO few numbers ofe electric cars, he does not feel it would have much effect on revenues generated by parking tickets. It could also be implemented as a Maynard advised that the parking spaces for current electric charging stations are not limited by time. He also stated he is concerned about the perception of equality by the public. For example, when an electric car in an expired metered space is not ticketed while the car next to it is, hybrid car owner may  the Chair, Woody Weingarten.  pilot program.  not feel it presents equality  2:    Minutes ofthe San Anselmo Town Council,  January 25,2011  Thornton asked to refresh the conditions for parking in spaces for plug in chargers, if they are reserve solely only for plug ins cares while charging, not just parking. Kroot asked for clarification for treatment ofs strictly electrical as opposed the hybrid cars. Greene believes this leaves room for mischief, and the types of cars must be researched. Maynard advised that law enforcement is very clear but the public may not be aware of electric cars, hybrids and other vehicles and this may create a perception situation. McInerney asked for clarification that this benefit it is strictly for plug in vehicles only. David Fox, San Anselmo Inn, stated this was to support the electric vehicles. He gave several examples Marshall Richmond, Barber Avenue, would like the Quality of Life Commission to provide better research that this would improve the quality of life in San Anselmo. Peak time charging puts more strain on our systems, not less. He feels this would be disingenuous and would like to see other areas of Coleman discussed the furor behind the Downtown Beautification when eight parking places were replaced. She is concerned about the loss of space when the electric charging stations are installed. She agrees that the public would be upset when an electric car doesn't get ticketed when a hybrid would. Thornton feels this would bring more notoriety to our Town. After hearing views from the police department, she understands this is a complex issue. The electric charging stations are a good benefit to advertise and draw people. She suggested that we go with the chargers as the benefit to our town McInerney applauded the Quality of Life. Commission for coming up with great ideas such as this. He feels electric cars are positive to our community. He also does not feel it would be complicated to determine which is electric and this would be aj positive step for the environment and our community. Kroot is in favor of implementing the idea for a test period of one year. He doesn't think there are Greene feels enforcement may be difficult, but he has confidence the police department could implement this program for electric cars only. He feels Richmond has valid criticism but also feels Thornton asked if there should be a time limit for implementation. Greene asked Town Attorney Epstein if there are any legal impacts. Epstein advised that we should bring it back at the next council  Weingarten confirmed.  ofcommunities where this was successful, including Oak Park, IL.  greater importance addressed first.  without adding another layer of complexity.  enough electric cars at this time to: make a significant impact.  promoting electric cares also has value.  meeting for ai resolution.  Time limit has not been addressed at this time.  3. DISCUSSION ON SMART METERS AND REVIEW OF THE CALIFORNIA COUNCILON SCIENCE AND TECHNOLOGY'S REPORT ENTITLED HEALTH IMPACTS OF RADIO FREQUENCY FROM SMART METERS" AND PROVIDE DIRECTIONTOSTAFE  3    Minutes of the San Anselmo Town Council  January 25,2011  Councilmember Coleman recused herself due to financial conflict as her spouse receives income from a  company that conducts business with PG&E. Stutsman gave the staff report.  McInerney noticed on the Mill Valley website, correspondence was posted. Also, the percentage of residents who have been converted are posted. Stutsman explained that we have asked for a schedule from PG&E on numerous occasions, but aj percentage ofcompletion has not been provided. Thornton stated a weekly report by community was presented by PG&E in July but that was the last Woody Weingarten, Fernwood Drive, Chair of the Quality of Life Commission stated the Commission has been looking into this issue for some time. Ultimately he has decided that not enough information has been obtained to make an informative decision. He endorses Jared Huffman's decision to allow Nancy Bennett, San Anselmo Avenue, read several ofher reasons why she is against Smart Meters. Vicki Sievers, Hilldale Avenue, is opposed to Smart Meters. She recited several studies that give evidence that wireless meters are of concern. He listed several medical illnesses contributable to the Peggy Nicholson, San Francisco Blvd, is against the installation of Smart Meters and listed several places that have already banned the Smart Meter. She feels Smart Meters may be a contributor to Type 3d diabetes. She doesn't feel it is enough to opt out, because you can be affected by a neighbor's meter. John Brossard, Sir Francisco Blvd., feels it is the only safe thing to give people the choice. He agrees that because there isn't enough information, the Smart Meter should not be forced upon us. He is in Joan Weinheimer, Sais Avenue, stated neither the residents nor the Town was asked. and therefore could not decide. She read results of several studies of ailments attributable to radio emissions and is against Dr. Gwen Zarwosky, Sir Francis Drake Blvd, has witnessed recovering patients refrain from microwave and wireless technologies. She feels this is a civil rights issue and is concerned about the impact over time, such as DNA and fertility issues of our children. She is in favor oflookingi into ai moratorium. Valerie Hood, Dominga, Fairfax, has been working on this issue for a while and would like to see San Anselmo support the effort of a moratorium against Smart Meter installation. Jerry Brown is making new appointments to the PUC, and feels change is coming and we can be at the: forefront. She does not Susan Penberthia, 55 Magnolia Avenue, shares everyone'sl health concerns. She is for a moratorium and  report received.  people to opt out.  installation of Smart Meters.  favor of ai moratorium or ordinance toj prevent its installation.  installation of Smart Meters.  believe the credibility of PG&E based on their past history.  isr not happy with PG&E'sactions.  4    Minutes oft the San Anselmo Town Council  January 25,2011  Thornton appreciated the comments from the public. San Anselmo moved forward with a moratorium because of concerns with. lack of information from PG&E. When it came back to Council, it was advised that Council did: not have the authority toj proceed. Residents and businesses expressed concern to the Town on how PG&E handled the installation. Jared Huffman has drafted a bill to give options. She doesn't feel we have full information yet regarding the health effects. CPUC was given some control over. Smart Meter installation and it doesn'tlook like they've addressed all oft the concerns. She Kroot wants to show support for Huffman by providing a moratorium in San Anselmo. There is too much unknown about this to proceed. PG&E chose wireless when all the information can be obtained otherwisè. It'sasymbolic gesture. and gives much support to our legislature to proceed. McInerney wanted to reiterate that the Council only has the authority to do what is within our own jurisdiction. He does not agree with any ordinance that is against the law. CPUC regulates privately owned operations. We've spent less time on more important issues on which we can have a greater Hei is in support of sending letters to PG&E, which has been done. Mill Valley sent al letter to the CPCU stating that safety standards are not sufficient. He is agreeable to sending such a letter. PG&E already has a program in place that if something presents a health hazard, they will not install such hazardous equipment if a doctor's note is provided. PG&E and CPUC can accommodate such exceptions. He Greene stated as an attorney he does. not support the law but the constitution. Dr. Zarowsky encapsulated the issue correctly when she called it a civil rights issue. Wel have the right to privacy and to. be left alone in our own homes. Having an electronic device forced upon us Goes against our civil Kroot stated that he was elected to protect the people of San Anselmo and does recall passing symbolic gestures in the past against the letter of the law, such as the Patriot Act. The response from the community has been overwhelmingly against Smart Meters. Also, in speaking to cancer patients, they shy away from even cell phones. He feels there is not enough information to move: forward. McInerney asked how the moratorium will be enforced. Kroot asked for staff for proper wording to address this issue. McInerney recommended that we: fully enforce the moratorium if passed, not just as as symbolic gesture. Greene asked staff to review other similar ordinances by Fairfax, County and Santa Thornton asked for past review ofo other ordinances from previous meetings. Epstein advised a proposed ordinance was presented in October with the recommendation not to implement it. His opinion has not changed. Most municipal attorneys provide conservative advice based on the function they provide. M/s, Kroot/Greene, to approve an ordinance to adopt an ordinance providing a moratorium on Smart Meters and directing staff to come back with wording for enforcement. AYES: Kroot, Greene; NOES: Thornton supports writing a letter to Huffman in support of AB 37, to allow customers to opt out of  supports Huffman's efforts, AB37.  impact.  supports that effort and also Huffman's efforts. He supports legal, viable actions.  rights.  Cruz.  McInerney, Thornton; RECUSED: Coleman Smart Meters, cost was discussed.  5    Minutes of the San Anselmo Town Council  January 25,2011  M/s, Thomton/Mclnemey, to support writing letters to PG&E, the CPUC, Assemblyman Huffman and Senator Leno in opposition to the installation of Smart Meters by PG&E. AYES: Greene, Kroot,  McInerney, Thornton; RECUSED: Coleman.  4.1 RECEIVE THE MID-YEAR BUDGET REVIEW AND APPROVE RESOLUTION NO.3936  AMENDINGTHE ADOPTED BUDGET.  Finance and Administrative Services Director Daria Carrillo gave the report.  Thornton asked if $105K budget for the Library included revenues from the library tax Carrillo confirmed. She also asked for the fiscal impact to the general fund for next year. Carrillo stated there Coleman asked how much we generally carry over. Thornton clarified that we normally do not have a substantial carry over for the next year. The reason for the substantial amount last year was in McInerney asked if there were other areas where we anticipate state to take our revenues. Carrillo is not Greene asked for clarification for security need at the Corporation yard. Maynard stated the yard is open during the day as crew is out working in the Town. There are many other vehicles making dump runs and using the facility for storage without any supervision. There was also a recent theft of police impounded property. Therefore, he feels we are ini need ofa additional security at this time. M/s, Thornton/Coleman to approve Resolution No. 3936 amending the adopted mid-year budget.  will bei net impact, noti including the step increases.  anticipation of the state take away. aware of any at this time.  AYES: Coleman, Greene, Kroot, McInerney, Thornton, NOES: None.  5.A ADJOURN.  The meeting was adjourned at 10:00 p.m. in memory of Joe Gores, al local author from San Anselmo and  Gloria Berger, a local resident ofal house built by Frank Lloyd Wright.  Respectfulysubmite4, Jeannie Courteau  6