TOWN OF SAN ANSELMO  Minutes oft the Town Council Meeting ofl November 23, 2010  Present: Absent: 7:00 p.m.  Coleman, Greene, Kroot, Thornton McInerney (arrived at 8:10 pm)  CALLTOORDER AND PLEDGE OF ALLEGIANCE ANNOUNCE, ACTIONTAKEN.IF. ANY.INCLOSED SESSION  Town Attorney Rob Epstein announced there was no reportable action taken in tonight's closed session, Woody Weingarten presented the Quality of Life Green Award to Conn Rusche for maintaining and fixing irrigation systems at the Elders Garden and Robson-Harington Park, and for his maintenance work  RECOGNITIONS at Faude and Sorich parks.  OPENTIME FOR PUBLIC EXPRESSION  Arnie Scher, Durham Rd., stated he lives and hikes in the Sorich Park area thanked Conn Rusche for his  hard work.  COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS  Coleman summarized some of the upcoming holiday events: Downtown Merchants will be hosting their annual Holiday Open House on Friday night Dec. 3 from 5:00-7:00 p.m., the annual Holiday lighting on Saturday December 4 at 5:00. Also on December 4 at 10:00 a.m. volunteers will be planting bulbs along Red Hill Avenue and the Center Boulevard medians and for those who are interested in helping to bring their shovels and gardening gloves. They will be meeting at the Town Hall Plaza at 10:00 a.m. Thornton noted that she serves as the Town's representative on the Marin County Council of Mayors and Councilmember's Legislative Committee and that the committee is very excited in regards to the passing San Anselmo Police Captain Jim Provindenza briefly described the series of thefts from vehicles on November 20i in which a total of 41 unlocked vehicles that were entered. 12 of the 41 vehicles had items taken from them. Items taken included iphones, ipods, GPS systems. The thefts occurred in two areas, the Yolanda area and also the neighborhood behind Memorial Park. The San Anselmo Police Department has an ongoing investigation into this incident and is working with the Fairfax Police Department because Town Manager Stutsman stated last year when the Town renewed its Refuse & Recycle contract with Marin Sanitary Service in order to reduce the rate increase the Green Waste pick up was reduced from every week to every other week. Council felt that it would be good to increase the Green Waste pickup once or twice a year when leaves and debris are falling from the trees. Stutsman noted that Marin Sanitary Service has agreed to do extra Green Waste pickups in the Town of San Anselmo for the month  ofProposition 22.  Fairfax had a similar incident the prior week.    Minutes of San. Anselmo Town Council  November 23,2010  of December. Stutsman. will put in her newsletter, on the Town's website and notify the newspapers of 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.  the extra Green Waste pickup which will occur once a week in the month ofDecember.  (a) Approve Minutes ofNovember 9, 2010.  (b) Cancel meeting ofTuesday December 28, due to the holidays.  M/s, Kroot/Greene, to approve the consent agenda. AYES: Coleman, Greene, Kroot, Thornton. NOES: 2. PRESENTATION FROM PATTY GARBARINO OF MARIN SANITARY SERVICE REGARDING WORK BEING DONE TO INSTITUTE NEW SERVICES, INCLUDING Patty Garbarino of Marin Sanitary Service (MSS) described some new services within MSS acknowledging their world wide reputation and record of innovation in the solid waste. industry. Examples of MSS's "cutting edge undertakings include: first county-wide curbside recycling program in the nation; first materials recovery facility for mixed waste in the U.S.; containerized collection of residential yard waste; split cart collection of curbside recyclables. MSS success is made possible by partnering with Marin'senvironmental movement and wel have achieved one oft the highest diversion rates in the U.S. but tons of solid waste generated has steadily increased over the last decade. In 2007, MSS commissioned. a waste characterization study to develop a zero waste strategy toward reducing the last 25% (food waste, mixed paper, yard/landscape waste etc) of all refuse still going to the landfill. This study. was the basis for the Marin County Zero Waste Plan. Approximately 75%1 to 80% oft the waste from residentialcommercial sources that is currently being disposed could be recovered. The waste audit concluded that the ability to recover these materials depends highly on: full participation of residents and businesses; the lack of contamination of materials; the availability of permitted processing capacity (particularly related to composting); and cost considerations. In order to expand the odwaste/greenwaste composting program yard waste services must be converted from biweekly to weekly as California regulation S mandate. The expansion of this service to all MSS customers would have a 5% impact on rates. The primary goal of Food Waste to Energy (F2E) is the diversion of organic waste from the  None. ABSENT: McInerney.  FOOD WASTE AND FOODTOI ENERGY PROGRAM(ORAL REPORT).  landfill and the creation of energy.  Councilmember McInerney joined the meeting.  3. LIBRARY:  A) APPROVE A RESOLUTION SETTING UP A LIBRARY TAX OVERSIGHTCOMMITTEE, RESPONSIBLE TO ENSURE LIBRARY TAX EXPENDITURES CONFORM' TOTHE PARAMETERSOF THE BALLOT MEASURE.  Town Librariàn Linda Kenton presented the staff report stating on June 8, 2010 the voters of San Anselmo passed Measure B with 75.8% majority vote establishing a Library Parcel Tax and on July 13,  2    Minutes of San Anselmo Town Council  November 23,2010  2010, the Town of San Anselmo certified the election. The parcel tax is meant to increase San Anselmo Library open hours, improve children's services at the Library including hiring a special children's librarian, and enhance general Library services. The Library Board, the Town Manager and the Town Librarian recommend a Library Tax Oversight Committee to ensure accountability and transparency for The proposal is the Library Tax Oversight Committee would meet twice annually to 1) review the proposed expenditures from the Library Tax Fund in the spring prior to budget approval; and 2) review the actual expenditures from the Library Tax Fund in the fall following the end of the fiscal year. Also proposed for the committee is ai membership consisting of 5 seats: one member representing the Library Advisory Board, one member representing the Friends of the Library, and three members representing the general public. The Library Advisory Board and the Friends of the Library would recommend to the Council their chosen member representatives. Terms of the members are proposed to be three years, however for the initial appointment, the expiration dates would be staggered with two seats having two year terms and three seats having three year terms. The Town Council would. make the appointment ofall the members to the Library Tax Oversight Committee after advertisement of the openings, solicitation of Kenton noted the impact to the Town budget includes staff time for the development of the Committee, as well as ongoing involvement for preparing documents, research and meeting support. No new funds are Kroot asked why staffi is recommending the proposed mix for a new committee membership and why not have the Library Advisory Board oversee the accountability and transparency oft the funds. Kenton replied that it was a suggestion from the Library Advisory Board because they believe the tax was approved by the community and it would be better to have a cross section of people who were involved in  these funds.  applications and interviews with applicants.  needed toj pay for staff support functions.  the parcel tax campaign. Open for public comment. There was no public expression.  Mayor Thornton requested confirmation that the process for appointing membership to the committee would be that the Library Advisory Board would select one applicant/member, the Library Tax Committee would select one applicant/member and the Town Council would select three Kenton confirmed the process of appointing membership for the Library Tax Committee which Mayor M/s, Greene/Kroot, to approve and adopt Resolution No. 3934 for the Library Tax Oversight Committee and to direct staff to begin the application process for selecting members. AYES: Coleman, Greene,  applicant/members. Thornton had stated.  Kroot, McInerney, Thornton. NOES: None.  B) APPROVE PROPOSAL FOR EXPENDING THE LIBRARY TAX FUNDS TO ENSURE LIBRARY HOURS AND IMPROVE CHILDREN'S AND GENERAL LIBRARY  SERVICES.  3    Minutes of San. Anselmo Town Council  November 23, 2010  Town Librarian Linda Kenton presented the staff report stating on June 8, 2010, the voters of San Anselmo passed Measure B with 75.8% majority oft the vote, establishing a Library Parcel Tax. OnJuly 13, the Town Council approved Resolution 3915 declaring the canvass of returns and authorized the Mayor to sign into law the ordinance approved by voters. The ballot initiative called for the Town to increase Sam Anselmo Library open hours, improve children's services at the Library including hiring a special children's librarian, and enhance general Library services. An online and print survey was conducted during the month of October to solicit community feedback on Library services and optimal Kenton's affirmed her goal is to continue delivering the high degree of customer service as staff prepares toi implement the new program in January 2011 with the use of on call-temporary people until regular staff can hired. It is estimated that the library parcel tax will bring in approximately $230,000 annually. The proposal is to increase the current weekly open library hours from 36 open hours to 46 open hours per week, an additional 10 hours per week as supported by the survey. In order for the Library to open ten extra hours per week, an increase in staff is required. The proposal includes one full-time (37.5 hrs/wk) children's librarian one part-time (20 hrs/wk) library assistant to ensure that quality customer service continues from these two points of contact with the public. The two positions would also be required to complete professional duties not related to desk time. The proposal also provides money for much needed improvements to the library's collection of adult and children's books and audio-visual material in addition to improving technology such as electronic databases and e-books as well as computer hardware The Library Tax is in effect for a total of five years and cannot be renewed without another vote of the people. It would be practical to expend the funds on temporary, hourly employees in which there would be no employment commitment as well as no costs associated to health, welfare and pension. This option was seriously reviewed; however staff believes it is not optimal for the following reasons: the Library currently utilizes significant part time temporary staff and by increasing temporary hours it compounds the difficulty of coordinating and adjusting schedules; individuals who work over 1000 in a given year must be given health and welfare benefits; if an individual was previously a member of the PERS retirement program an employer must continue to pay into their retirement regardless ift they are part time, hourly employees; the children's librarian position is envisioned to be ai full-time position, with job duties thati include all children'sp programming, materials ordering, outreach, reference duties, etc. Coleman referenced the San Anselmo Library survey stating the category with the highest percentage of "Not Satisfied" is Adult Programs and asked ift there are plans for adult services. Kenton replied the emphasis has been on children because of the language on the initiative for the Library Parcel Tax and that by hiring a Children's Librarian it will take the children's program load off the Coleman asked if the Library Tax is not approved in another 5 years does the Town become responsible Stutsman replied that the Town is responsible for their retirement benefits for the time that they are employed. These positions would be members of the SEIU group and if funding for these positions is lost we would have to reduce staff. The SEIU Memorandum of Understanding has procedures that provides  hours. 116 people responded to the survey.  and software.  existing library staff so they will be able to focus on adult programs.  for the: retirement benefits ofthe Children'sl Librarian and the Librarian Assistant.  for such circumstances.  4    Minutes of San Anselmo Town Council  November 23, 2010  McInerney asked if the measure is not renewed are there any limitations in the MOU in regards to Stutsman does not see loss of funding as an obstacle in eliminating these positions as the SEIU has prescribed bumping rights within employment positions which staff experienced in the layoff of employees in 2006. Coincidentally, the layoff included a full time Children's Librarian and a half time McInerney asked ift the costs provided in attachment 3 were for the first year only and if staff had a sense Kenton stated the costs were calculated for the first year only and that there are sufficient funds in reserve McInerney asked if the SEIU or staff anticipates increases to wages, benefits or COLA (Cost of Living Stutsman recognized there would probably be no COLA increases in the immediate future and cost increases for employees to be step increases. Increased costs due to step increases depend on the level at which the employées were hired; this scenario was calculated at Step C. Other cost increases to health McInerney has concerns of hiring a Children's Librarian at an annual cost of $100,000 and asked what  eliminating these positions.  Library Assistant.  employment cost increases in years 21 to 5 for these positions. to address employment cost increases for years 2 to 5. Adjustment) and how much the increases would be.  and welfare benefits will also have tol be absorbed.  percentage of the Children's Librarian costs would be full benefits. Stutsman noted that full benefits are usually about 35% of the costs.  McInerney feels there is a difference between a temporary employee and a regular part time employee and asked if staff has taken into consideration hiring a regular part time employee who would work less than 20 hours per week, possibly a member of the community rather than ai temporary or floater employee. Kenton explained that part time temporary employees McInerney is referring to are the substitute/on-call employees. They work at various libraries, have no commitment to your library, and there is a relatively  small pool of library substitutes in the county.  Coleman avowed the attraction to the position is the benefits. all possible options for staffing have been looked at and discussed.  McInerney agrees that a children'sl librarian is what the community desires and he wants to make sure that Kenton stated staff did look at different scenarios and that staff would like to develop the library into a real hub of a community center with a high quality library program. In order to accomplish this they. would need to hire a Children's Librarian who would provide a full range of services and programs such as Book Babies, a pre-school story time, a summer reading program, a family story time in the evenings, going out to the schools and reaching out to the children and to draw families back to the library. By having a regular staffit! helps create a sense of community and a continuity ofs service with the people who are behind the desk helping our citizens. Part time staff creates a larger roster of staff and does not foster  as sense of community as does ai regular staff.  5    Minutes of San Anselmo Town Council  November 23,2 2010  Greene asked ifs SEIU bumping rights of"Last in - First out" applies to all departments within the Town. Stutsman replied that the rule is within the job classification and applies to union members. prefers not to go through painstaking layoffs as we did in 2006 ift the tax is not renewed.  Thornton has concerns with adding full time staff in regards to the revenue being only for 5 years and Kenton acknowledged that the Town has 5 years toj provide excellent service and she is in favor of putting  together a great library program.  Thornton asked what the proposed total of weekly hours for the full staff.  Kenton replied it would be189 hours weekly for the staff to cover the 461 hours a week the Library will be  open to the public. Public comment  Elihu Welber asked for clarification that any funds that are saved through the Library Tax must stay with the Library and will not be able to spend on other Town uses and that decisions made regarding Thornton confirmed that revenue incurred by the Library Tax will not be spent on issues outside of the Thornton would like to see more of the Library Tax funds to be allocated or set aside for Library Kroot stated that Kenton's proposed Library Tax Plan of Service is exactly what was promised to the Greene feels that it is Council's responsibility to give the voters what they supported; he is in support of the plan and commended Kenton for her outstanding presentation and articulated arguments. McInerney has concerns with staffing and he is troubled by adding 2 positions that are fully benefited. McInerney thinks we should look at delivering some of these services without having to incur the potential of unfunded pension liability and he would be more comfortable with adding just one new position rather than two new positions, and to explore the situation as we go forward and reevaluate in 6 Coleman complimented Kenton for her incredible presentation. Coleman supports the two new positions. Thornton would like to see more adult program hours and thanked Kenton for organizing and implementing the library survey. Thornton thinks the prudent thing to do is to hire one librarian and to M/s, Greene/Coleman, to approve the new library open hours and the Library Tax Plan of Service.  expending the Library Tax revenue will not affect the Town budget.  Library.  technological advancements.  public and he hopes that the plan is approved this evening.  months or aj year.  review the issue again in April.  AYES: Coleman, Greene, Kroot. NOES: McInerney, Thornton.  6    Minutes of San Anselmo Town Council  November 23,2010  4. PUBLIC HEARING AND SECOND READING OF THE ORDINANCE AMENDING TITLE 9, BUILDING REGULATIONS. AND TITLE 7, PUBLIC WORKS, OF THE SAN ANSELMO MUNICIPAL CODE PURSUANT TO THE 2010 EDITION OF THE  CALIFORNIA CODE OF REGULATIONS. TITLE24.  Town Building Official Keith Angerman presented the staff report stating that staffi is requesting the Town Council hold al Public Hearing and second reading of an ordinance entitled "An ordinance of the Town of San Anselmo Amending Title 9 ofthe San Anselmo Municipal Code". Angerman also asked Angerman stated that typically, the Town Council conducts the public hearing on aj proposed ordinance at the time ofi introduction and first reading. Government Code Sections 50022.1 et esq. require a slightly different procedure for an ordinance that is adopting another code by reference, as is the case here. When acode is adopted by reference, the public hearing must be scheduled after the first reading which occurred November 9, 2010. At the Town Council meeting of November 9, 2010 the Town Council of the Town of San Anselmo passed a motion introducing the proposed ordinance (first reading) and passed a motion to read the ordinance by title only and waive further reading of the ordinance. Following these motions, the Town Manager read the title of the ordinance "An ordinance of the Town of San Anselmo Amending Tile 9 of the San Anselmo Municipal Code." The Town Council then passed a motion scheduling a public hearing, second reading, and adoption of the ordinance at the November 23, 2010, Town Council Angerman acknowledged that the Town is currently enforcing the 2007 edition of the California Construction Codes with amendments, which was adopted in 2007 by the Town Council with Ordinance No., 1059. The California Building Standards Commission adopted new construction standards with. AB 1693 on 8/17/2010 and has mandated that effective January 1, 2011 all municipalities in the state must enforce the 2010 editions ofthe California Construction Codes, also know as Title 24 California Code of Regulations. If amendments are desired by municipalities, they must adopt an ordinance with those amendments and then file the ordinance with the State Building Standards Commission. Adoption oft the The proposed changes are as follows: Revision to Title 9, Chapter 1, Section 9-1.101 changes the editions of the California Construction Codes to 2010 and adds the California Residential Code and the California Green Building Standards Code which are new to the State ofCalifornia; Revisions to Title 9, Chapter 1, Section 9-1.201 thru Sections 9-1.206 changes are made to the code section as referenced with the exception of Section 9-1.202 where there are no changes. Proposed revisions to Title 9, Chapter 1, Section 9-1.207 are: intended to clarify the intention of the regulations that construction projects should be completed in a timely manner and not extend over an unrèasonable period of time. It is proposed that it be clear that an application for an extension be submitted before the permit expires. Before the2007 adoption, the time period for reactivation of a permit was 180 days and it is proposed to return to that time frame. Revision to Title 9, Chapter 1, Section 9-1.208 changes the code section references. Revision to Title 9, Chapter 5, Sections 9-5.02, 9-5.03, 9-5.04, 9-5.05, 9-5.06 and 9-5.07 change the responsibility of numbering of buildings from Public Works Director to the Director of Planning and Building and make  that Council adopt the ordinance.  Meeting.  attached ordinance will bring San Anselmo in compliance with State law.  the wording consistent between sections.  7    Minutes of San Anselmo Town Council  November 23,2010  Revisions to Title 9, Chapter 5, Sections 9-5.02, 9-5.03, 9-5.04, 9-5.05, 9-5.06 and 9-5.07 changes the responsibility ofnumbering oft buildings from the Public Works Director to the Director of Planning and  make the wording consistent between sections. The public hearing was opened. The public hearing was closed.  No members ofthe public spoke during the public hearing.  M/s, Kroot/Mclnerney, to approve Ordinance No. 1077 amending Title 9, Building Regulations, and Title 7,1 Public Works, oft the San Anselmo Municipal Code pursuant to the 2010 Edition of the California Code of] Regulations, Title 24. AYES: Coleman, Kroot, McInerney, Thornton. NOES: Greene.  5. PUBLIC HEARING AND SECOND READING OF THE ORDINANCE REVISING TITLE3, CHAPTER 3, ARTICLESOF THE SAN ANSELMO MUNICIPAL CODE, ADOPTING THE 2010 EDITION OF THE CALIFORNIA FIRE CODE, 2009 INTERNATIONAL FIRE CODE WITH CERTAIN LOCAL AMENDMENTS AND ADDITIONS AND APPENDIX A OF THE Ross Valley Fire Chief Roger Meagor presented the staff report stating the Fire Code adoption process is required by the Town Council to stay current with the minimum requirements of the State of California building and fire standards as determined by the California Building Standards Commission. Meagor explained that every three years the California Building Standards Commission publishes model codes such as the California Fire Code, Building Code, Mechanical Code, etc. Local agencies have 180 days to make additions or amendments based on local conditions. If no changes are made during this period the model codes become effective. For the last four code adoption cycles, the Marin County Fire Prevention Officers have met and cooperatively reviewed the model code. This proposed ordinance represents a cooperative effort to develop standard ordinance language. While some: minor changes occur between jurisdictions, the end result is a more consistent and cooperative approach to fire safety issues, At the Town Council meeting on November 9, 2010, the Council held the first reading of the proposed ordinance and set the public hearing, second reading, and adoption of the ordinance for November 23, 2010. Council held a lengthy discussion regarding several of the local amendments included in the draft ordinance. As a result the following changes were made to the ordinance prior to the first reading: setting the maximum fine amount in Section 111.4 to $1000; removing the requirement to install automatic fire sprinklers in newly created second units; amending the definition of a substantial remodel by adding the following exceptions: repair or replacement of foundations, the installation of energy efficient windows of like size, and the removal of interior wall coverings solely for the installation of insulation; setting the time frame for permits included in the substantial remodel calculation at 112 months; changing the hearing officer for assessment of costs and appeals from the Fire Chief to the Ross Meagor described the work completed by the Marin County Fire Prevention Officers, Ross Valley Fire Staff, and the input from the Town Council and noted the proposed ordinance includes multiple changes from the current code. The summary of changes is as follows: the elimination of all references to the Uniform Fire Code: to be consistent with the change of "Model Code" as prescribed by the California Building Standards Commission from the Uniform Fire Code to the International Fire Code in 2007;  INTERNATIONAL WILDLAND URBANI INTERFACECODE.  making it easier for contractors and developers to work with each jurisdiction.  Valley Fire Department Board ofDirectors.  8    Minutes of San Anselmo Town Council  November 23, 2010  adoption of Appendix A from the 2009 International Wildland Urban Interface Code, replaces the abandoned Appendix IIA of the Uniform Fire Code; add reference to the residential Code to address residential sprinkler; add section providing Fire Prevention Resource Sharing; add Vegetation Management Plan permit requirement; amend Chapter 1 to specify the offense, amount, and number of days as it relates to violations of the Fire Code; add additional definitions; add a section addressing the manufacture, storage, sale, possession, handling of fireworks; add a section requiring certain target hazard buildings to be subject at the creation of pre-plans conforming to Fire Department Standards; add load testing requirement for bridges; Key entry systems - added wording addressing commercial structures. with fire alarms or fire sprinklers; add sections addressing the disconnect, signage, and conduit in alternate Power Supplies systems; remove the requirement to install automatic fire sprinklers in newly created second units; decrease the square footage in which an NFPA 13R Automatic Fire Sprinkler Systems shall be installed from 6000 sq/ft to 5000 sq/ft; change the hearing officer for assessment costs and appeals from the Fire Chief to the Ross Valley Fire. Department Board of Directors; amend Chapter 49 referencing local Wildland Urban Interface areas and relocated language addressing hazard abatement Chief Meagor asked Council to hold a public hearing for adoption of an ordinance revising Title 3,  in those designated areas.  Chapter 3, Article 8 ofthe San Anselmo Municipal Code adopting the latest fire codes.  The public hearing was opened. The public hearing was closed.  No members oft the public spoke during the public hearing.  M/s, Greene/ Kroot, approve Ordinance No. 1078 revising Title 3, Chapter 3, Article 8 of the San Anselmo Municipal Code, adopting 2010 Edition of the California Fire Code, 2009 International Fire Code with certain local amendments and additions and Appendix A oft the International Wildland Urban Interface Code. AYES: Coleman, Greene, Kroot, Thornton, McInerney. NOES: None. Mayor Thornton adjourned the meeting in memory of longtime San Anselmo resident Barbara McCune, an active involved resident and parent in the San Anselmo community as well as al beloved member oft the Sir Francis Drake High School Staff. Barbara McCune was a key force in Drake High's Career Center, helping many students chart their courses after high school graduation. Thornton acknowledged McCune  will be surely missed in the San Anselmo Community. The meeting was adjourned at 10:05 p.m.  Respectfully submitted, Joanne Kessel  9