TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF MAY24,2011  Present: Greene, Kroot, McInerney, Thornton  Absent: Coleman 7:00 pm  CALLTO ORDER AND PLEDGE OF ALLEGIANCE. Mayor Greene called the meeting to order at 7:00 pm.  ANNOUNCE ACTIONTAKEN. IF ANY.IN CLOSED SESSION.  No action was taken at closed session.  OPENTIME FOR PUBLIC EXPRESSION.  Vice Mayor McInerney introduced Reed Martel, who is a third grade student at San Domenico School. Reed Martel, Sunnyside Avenue asked Mayor Greene, "Is it harder to be the Mayor than just being on the Council?" Greene answered yes, because he has to be better prepared to not only know what is on the agenda but also its contents thoroughly. He has to anticipate any controversy and be prepared to Dick Schaeffer expressed his concerns to Police Chief Maynard regarding parking problems confronted in San Anselmo. He is concerned cyclists do not have a. regard for safety of others and fears for public Nancy OswalT, Idalia Court, wanted to address the poor condition oft the tennis courts at Memorial Park. She has been in discussion with the Public Works Department and is not satisfied with the results.  Hei is here tonight because he is writing a report on the San Anselmo Town Council.  answer the questions intelligently.  safety.  Greene asked to include him in future correspondence until the matter is resolved.  COUNCIL REQUEST FOR FUTURE AGENDA ITEM.  Councilmember Kroot asked the Public Works Director to address the loss of the bicycle racks in front of639 - 641 San Anselmo Avenue for a loading zone. He asked the Public Works Director toj present a Vice Mayor McInerney reported from the Flood Zone 9 Advisory Board meeting where plans for flood mitigation were discussed. The full report has been posted on the County's website marinwatersheds.org and he encouraged everyone to review the information. The report is too detailed tos summarize at this meeting, but it does address various topics of interest to San Anselmo. He recommends Jack Curley from the County come to a council meeting to present a summary for discussion. The meeting was recorded on video and he encouraged the public to watch. The next Flood Advisory Board meeting is June 27. He feels it would be valuable to have Jack Curley come to a Town  report.  meeting afterwards to relay the results.  ITEM 1(a)    Minutès oft the San Anselmo Town Council  May 24,2011  Thornton represents San Anselmo on the Marin County Councilmembers and Mayors Legislative Committee. At the last meeting al budget update was discussed and is expected to be approved by June 15th. Pension reform, regulatory simplification and extending vehicle licensing fees are still up for Greene addressed the létter from a resident regarding the construction site at 790 Sir Francis Drake Blvd. She suggested a mural replace the site that she feels is currently an eye-sore. He agrees that a  discussion..  mural would bei more aesthetically: p pleasing.  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. ALLI ITEMS MAY BE APPROVED WITH ONE ACTION. (b). Approve contract with. Jim Baum, operator or Farm Stand, for 2011 season.  (a) Approve minutes ofl May 10, 2011.  (c) Approve Safe Routes to School Wade Thomas area sidewalk improvement project and authorize M/s, Mclnemey/homton, to approve items oft the consent agenda. AYES: Greene, Kroot, McInerney,  solicitation bids.  Thornton, NOES: None, ABSENT: Coleman.  2. REPORT ON STATUS OF ENERGY WATCH CALIFORNIA PROGRAM BY DANA Town Manager Debra Stutsman introduced Dana Armanino from the County of Marin, who presented  ARMANINO.COUNTY OFI MARIN.  the oral report.  3. PUBLIC WORKS. DEPARTMENT: Town Manager Stutsman gave thej presentation.  (A) CONFIRM APPOINTMENT OF SEAN CONDRY AS PUBLIC WORKS DIRECTOR ATA  MONTHLY SALARY OF $10,914 WITH ASSOCIATED BENEFITS.  McInerney is very impressed with Séan Condry, especially how he conducted himself at the Capital Programs Monitoring Committee meeting, He feels Condry has the right demeanor for this position and is excited for the new appointment. Kroot, Thornton and Greene all confirmed and congratulated  Condry for his new appointment.  (B) APPROVE REORGANIZATION OF PUBLIC WORKS AND PLANNING & BUILDING DEPAETNMENTTOIAVITN: BUILDINGI DEPARTMENT REPORTTOPUBLIC WORKS. Stutsman advised Condry can oversee the building officials as he has technical expertise and thorough knowledge of building codes. This new restructuring would allows the Planning Director to focus on  Town Manager Stutsman gave the presentation.  higher lever planning projects, such as second unit.  2    Minutes oft the San Anselmo' Town Council  May 24,2011  McInerney asked for the difference between building official and inspector. Stutsman clarified that the inspector inspects construction. The official is a registered civil engineer, focusing mainly on plan checking. The Official is currently working on several public works projects such as the safe routes to school project. He asked what would happen ift the economy improves, for example, ifthe Town would hire additional planners. He also asked ift this proposal was approved by the union. Stutsman confirmed M/s, Kroot/Thornton to approve the reorganization oft the Planning and Building Department to have the  both questions and also noted it will not cost any additional funds toi reorganize.  Building Department report to Public Works.  AYES: Greene, Kroot, McInerney, Thornton. NOES: None, Absent: Coleman  4. APPROVE REPOGANIZATION OF RECREATION DEPARTMENT IN ORDER TO PROVIDE FOR A] MORE EFFICIENT AND COST EFFECTIVE ORGANIZATION.  Community Services Director David Donery gave the report.  Greéne commended Community Services Director Donery for reorganization. Hel believes the flow of authority will bel better, expenses reduced and quality of service increased. Hei is impressed overall. M/s, Thornton/Kroot, to approve the reorganization of the Recreation Department in order to provide for  amore efficient and cost effective organization.  AYES: Greene, Kroot, McInerney, Thornton, NOES: None, ABSENT: Coleman  5. INTRODUCTION. AND FIRST READING OF ANORDINANCE ADDING NEW CHAPTER 11.16.TO TITLE 20F THE SAN ANSELMO MUNICIPAL CODE ENACTING DISCLOSURE AND REPORTING REGULATIONS FOR INDEPENDENT EXPENDITURES IN TOWN  ELECTIONS.  Town Attorney Robert Epstein gave thej presentation.  Epstein presented the report at a previous meeting, at which time changes were directed by the Council. The revised ordinance is presented today. The trigger amount was reduced to $100 from $1,000 as per for Mclnerney's consideration. Internet advertisement and independent hearing officers were clarified. McInerney requested the. panel of volunteers, to include the hearing officer is not affiliated with any. of Kroot feels they should not live or work in San Anselmo. He also addressed page 5 regarding Thornton referred toj page 4, Paragraph D regarding the delivering by an independent hearing officer, not the Town Clerk. Epstein confirmed and advised would make the clarification. She feels internet advertisement is different from a internet website and does not feel the current language captures the  the candidates, without any personal or professional relationship. cumulative contribution amount of$2,000 to bei reduced to $1,000.  intent. Epstein suggésted including a separate section entirely for internet website.  3    Minutes of the San Anselmo Town Council  May24,2011  Thornton feels the reduced trigger amount to $100i is too low. Greene agreed. He asked the amount San Rafael and the County use. Epstein stated they use the $1,000 amount, from the original ordinance. Greene agrees with the standards of fairness by decision makers be fair. He agreed with Epstein and Jay W. Luther, San Anselmo. Ave., asked to have contact with the League of Voters before making a Elise Giambastiani, Chair of the Women's League of Voters, is very pleased at the consideration of adopting this ordinance. She feels voter access to information is key. Posting on the town website is most important. She is pleased at reducing the amount and appreciates including intérnet website as Jonathan Frieman from San Rafael is in favor of disclosure. He is concerned with the spirit of this ordinance. He feels, once passed, enforcement takes the view of the first two whereas and should be removed. He feels this ordinance needs to disclose not only who receives the funds, but who reports the McInerney spoke regarding potential bias oft the reporter. He thinks the process in place is already very detailed and does not need tol be further addressed at this time. He also feels $100 amount is appropriate because it doesn't cost much to distribute fliers. He is sympathetic to Mr. Friedman's concerns but feels the two clauses should be included. The underlying intent is important and he believes they should be included. He also asked about the whereas that addresses endorsement of ballot measures. Epstein McInerney strongly supports this ordinance, which deals with the issue of disclosure. It sends a good Thornton is also agreeable to the whereas clauses, the amount of $100 is acceptable. However, she is concerned about the level of work this would create for the Town Clerk when the amount is reduced. She is agreeable to the internet wording inserted. She is, however, concerned with the timing of the Greene feels the second whereas is not necessary and does feel judgmental. He feels it presents a negative statement. He asked whether or not, in drafting of this ordinance, if consideration has been given to anonymous leafleting, which has sO been protected by the judicial system. Epstein has.not Council agreed to reconsider the ordinance at a future meeting with the following considerations:  feels this needs more work and would like to bringi it back at the next meeting.  decision.  well asi internet advertising.  receipts.  confirmed it is lawful for at town to endorse a ballot. message. to out sister cities to send a similar message.  ordinance coming into effect.  considered that issue and would consider it for the next meeting.  1. Remove the second whereas 2. Stan V. Mott - review legal issues 3. Leaving the trigger amount to $100  4. Clarify section D - person delivering the information to the Independent Journal 5. Page 5 - reduce the cumulative contribution amount from $2,000 to $1,000 6. Page 6 add another section for additional internet websites, to distinguish from internet advertising 7. Request from Kroot that the panel of volunteers are residents outside of San Anselmo  8. Hearing officers have no bias  4    Minutes of the San Anselmo Town Council  May24,2011  6. ROSS VALLEY SANITARY DISTRICT: CONSIDER REQUEST TO APPOINT A COUNCILMEMBER LIAISON WITH THE DISTRICT AND DISCUSSION OF RATE  INCREASE. AND RESIDENTS' CONCERNS. Town Manager Stutsman gave the report.  McInerney asked the number of parcels that are affected by this increase. Stutsman advised that San Anselmo has 58 parcels. However, because we do not pay property taxes, we may not be affected Nancy Oswalt, Idalia Court, is aware of the reports in the Independent Journal about the Ross Valley Sanitation District. She asked if all the residents received. this notice. It was confirmed about % the residents at the meetings have not been notified. Stutsman will follow up. She feels this matter needs to Thornton does not support appointing a liaison. The Council has been asking for a representative to attend council meetings for several months without acknowledgement, She is also not agreeable to a Kroot agrees with supporting a protest, and agrees with Ms. Oswalt about the insufficient noticing to all residents. Clearly, there are many problems with the Ross Valley Sanitary District, but other agencies are also asking for increases to repair their infrastructures. As regards appointing a liaison, he would McInerney feels the purpose of a liaison is toj pass on information. However, in the case of Ross Valley Sanitation District, he feels this is their way to bypass the Brown Act. He feels it has always been their practice to avoid public meetings. He agrees with the decision made by Fairfax to invite their liaison to attend a council meeting to discuss the rate increase and their practices. If they do not attend, then we should follow in Larkspur's footsteps to protest the increase. We should also help residents make it easier to protest, ifthey sO chose. Ross Valley Sanitation District has to. state the basis ofincrease. Epstein advised that the town can advocate as a body. The Town newsletter can be used as an avenue of neutral communication to the residents, to advise what to do ifthey agree or disagree with the increase. McInerney reviewed the rate increase pamphlet and found it to be unclear what portion of the increase will go to maintenance and to pipe replacement. He emailed the Ross Valley Sanitation District Greene supports ai resolution similar to that passed by Larkspur in opposition to the increase. He would like the wording to be stronger to address the lack of an explanation for the increase. As regards the request for a liaison, he does not support the request. Appropriately worded response of declination should be sent and ask them to bring a liaison to our council meeting. Newsletter and website with educational material should be utilized to assist residents how to exercise their options.  property owners.  bet thoroughly reviewed.  rate increase and would like to filear resolution toj protest it.  support this but does not volunteer himself.  business manager and still did not receive as satisfactory explanation of the increase.  5    Minutes of the San Anselmo Town Council  May 24, 2011  Nancy Oswalt asked regarding the procedures to submit the required number of protésts from residents. She does not trust the Ross Valley Sanitation District to provide an accurate count. Greene feels the  protest letters should bei required tol be counted. publicly.  7.ADJOURN.  Thei meeting was adjourned at 10:00 pm. Respectfully: submitted, Jeannie Courteau  6