TOWN OF SAN ANSELMO  TOWN COUNCIL MINUTES OF NOVEMBER 9,2010  Present: Coleman, Greene, Kroot, McInerney, Thornton  Absent: None 7:00 pm  CALLTO ORDER AND PLEDGE OF ALLEGIANCE.  ANNOUNCE ACTIONT TAKEN,IF ANY.INCLOSED: SESSION.  No closed session was. held.  PROCLAMATION WAS PRESENTED TO THE FRIENDS OF THE SAN ANSELMO LIBRARY COMMENDING THEM FOR THEIR INCREDIBLE SUPPORT FOR THE LIBRARY AND THE TOWN OF SAN ANSELMO IN TERMS OF FUNDRAISING, Mayor Thornton thanked the Friends of the San Anselmo Library, commending them for their incredible support for the Library and the Town of San Anselmo in terms of fundraising, financial support and volunteer time and effort. Town Librarian Kenton presented a signed proclamation and the book San Anselmo, A Pictorial History, signed by the author, Barry Spitz, to all the members. of the Friends of the Councimember Coleman commended the Friends of the San Anselmo Library, both past and present, for their hard work. This small band of caring people really changed San Anselmo for the many different groups of people who use the library. Thornton recalled her fond memory of her experience with the Friends of the Library, who have supported the Library through the years. Town Manager Stutsman thanked the Friends for their immeasurable assistance during hard financial times and also  FINANCIAL SUPPORT AND VOTUNTEPRIIMEAND EFFORT.  Library.  introduced the Town Library staff.  OPENTIME FOR PUBLIC EXPRESSION.  Karen Mendella Nelson, resident of San Anselmo, expressed her support for the new County ordinance toj phase out single use plastic bags and encouraged the Town to adopt their own ordinance. Plastic bags require petroleum, natural gas and toxic chemicals. Prospecting and drilling destroys natural habitats, and the bags cause deaths of animals who consume them. Lastly, the bags are not recyclable. She Sita Khufu, member of the Quality of Life Commission came as a "bag lady", dressed in plastic bags, requesting to be retired from this role. She asked San Anselmo to join 40 other municipalities to ban single use plastic and paper bags. Hazardous Waste JPA has passed zero waste. She has enjoyed numerous positive responses from retailers and support groups. The intent is to create a level playing field for all retailers by having uniform ordinances across the county passed to ban single use bags. She  encouraged the Council to adopt an ordinance to ban the use ofs single use plastic bags.  encouraged San Anselmo to join the other municipalities in banning single use bags.  ITEM 1(a)    Minutes of the San Anselmo Town Council  November 9, 2010  Thornton pointed out that San Anselmo has participated in campaigns such as Bring Your Own Bag Day. They are working on an ordinance to address this issue and is appreciative of all of Sita's efforts  for this cause.  COUNCILI REQUESTFOR FUTURE AGENDAI ITEMS.  Councilmember Kroot received an email from Frank Egger regarding stolen campaign signs while running for office. He recalled similar experience when running for office last year. He feels this is an indication of trying to throw the election and feels there should be heavy fines to discourage such Vice Mayor Greene also recalled seeing vandalized signs and feels this connotes a message of Councilmember McInerney spoke about the passing of the Measure A bond that will provide $50M to help rebuild our schools. They will focus first on improvements at White Hill to build permanent classrooms. Traffic issues have been one of extensive discussion by the District. Because of the increase in number of students attending, the District is taking a leadership role in addressing the issue, such as encouraging carpooling and alternative methods of transportation. The Town also needs to take a leadership role to address traffic issues as well. He is also focusing on the surplus properties the District owns. McInerney also spoke about the Flood Zone 9 meetings he has been attending. There will be a meeting at the Larkspur City Hall this coming Tuesday, November 16th at 7 p.m. They will be discussing the roll out of the anticipated workplan for use of the flood fee funds and community outreach. Lastly, in light ofthe recent greater turnouts at this even year election, McInerney would like to discuss changing election to even years where turnout is higher for greater participation in the. voting Councilmember Coleman shared that she attended a very informative meeting regarding recycling food waste at Marin Sanitary Service. She is excited to see this program come to San Anselmo. She also reminded everyone that the Downtown Merchants are having their open house December 3rd with the annual holiday lighting the next night on the 4th. She also visited St. Anselm's new facility and feels this is a great hall for meetings, as it seats 150 people, to keep it in mind for future events. She has had inquiries from residents regarding maintaining nontown maintained streets. Stutsman directed her to the Public Works section of the Town website, where there is a whole package of information regarding Town contribution to non-maintained streets. As regards food waste, Patty Garbarino will be here at the next meeting on November 231d to address new programs, including food waste recycling. Lastly, there have recently been several mountain lion sightings. The Town, in conjunction with Felidae and Marin Humane Society, is sponsoring a meeting at the Sleepy Hollow Club House to discuss this on Tuesday,  actions int the future.  intolerance and violence. He agrees with Kroot.  process.  November 16th at 7j p.m.  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 MAYBE APPROVED WITH ONE ACTION. (b) Acknowledge and file warrant numbers 67609 to 67782 issued during the month of October 2010, in (c) Approve the Revenue and Expenditure Report for the period ending October 31, 2010.  (a) Approve minutes of October 26, 2010. the amount of$1,501,366.83.  2    Minutes of the San Anselmo Town Council  November 9, 2010  (d). Approve Recreation Revenue and Expenditure: report for the period ending October 31,2010. (e) Approve Emergency Projects Fund (flood related) Revenue and Expenditure report for the period (f) Approve Resolution No. 3930 redesignating persons performing voluntary services without pay as employees for the limited purpose of qualifying for workers' compensation insurance coverage (g) Award of Construction Contract for the Creek Shed Rehabilitation Project to Rockaway As regards Item (a), page 5, unwritten rules, Kroot also stated an unwritten rule isi not ai rule. As regards Item (a), page 5, McInerney stated the' Town leadership relies to some extent on tradition and As regards item (c), Greene asked for confirmation that current revenues are less than % of what the Town took in last year. Finance and Administrative Seryices Director Daria Carrillo stated that is due to areduction of $220K in revenue with the move of the Sleepy Hollow Fire Department now being part of the JPA. Property tax distributions were received very late this year and therefore was not reflected in this report. Lastly, sales tax revenues for May and June were accrued first time this year due to an accounting change requested by the auditors. Therefore the change is due mostly to timing issues and not a drastic decrease in revenues this year. Greene asked if revenue collection has decreased from last year, but expenditures, although stable, are increasing. Carrillo confirmed. She will have a better idea regarding revenue after property taxes, which account for 70% of our revenues, are received in Coleman asked for clarification about the Tourism BID (Business Improvement District). Stutsman M/s, Kroot/Coleman, to approve the consent agenda with the minor changes to the minutes. AYES:  ending October 31,2010.  under California Labor Code section 3200, et seq. Construction in the amount of $39,850.  some oft the traditions need tol bei inventoried.  December.  stated the Bid: is aj pass through account with a small transaction fee for the' Town.  Coleman, Greene, Kroot, McInerney, Thornton. NOES: None  2. APPROVE RESOLUTION NO.3931, FINDING OF FACT AND INTRODUCE AND WAIVE READING OF THE ORDINANCE REVISING TITLE 3, CHAPTER 3, ARTICLE 8 OF 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 INTERNATIONAL Fire Chief Roger Meagor gave the staff report. He stated this adoption is required by the Town to stay Local agencies have 180 days to adopt the model state codes. Codes are reviewed cooperatively by the Marin County Prevention Officers. This proposal represents the results of that effort. Standard codes  WILDLAND URBAN INTERFACE CODE. within the minimum state requirements.  make it easier for contractors throughout the county to comply.  3    Minutes oft the San Anselmo Town Council  November 9,2010  Uniform Fire Codes were used prior to 2007. At the last adoption the Council adopted the International Fire Codes and the appendix referencing Wildland Urban Interface. This code removes all references to Thornton asked about type of offence in the Vegetation Management Plan that would warrant a fine. Meagor stated any violation oft the fire code or non-compliance would qualify. The past code addressed the violation but did not state the amount of the fine. This new code just sets the fine amount. Greene asked about the amounts of the fines from $500 to $1,500. If this refers to misdemeanor offenses, it may need to be looked at as the maximum fine is $1,000. Deputy Town Attorney will Meagor pointed out that substantial remodel time be increased from 12 months to 36 months. Many other cities are recommending the increase to 36 months. Kroot asked if the time limit applies to the Kroot also asked about the upgrading to residential roofing, whether it would not require to residential sprinklers. He also asked about installation of windows and insulating the house, because the removal of the sheetrock may trigger sprinkler requirement and may discourage the homeowner from insulating. Meagor stated if a homeowner remodels more than 50% of the living square footage, the residential Greene asked about full removal of sheetrock for insulation, if this would require residential sprinklers. Meagor thinks the situation would be highly unlikely, as most owners who strip the entire house is not going to solely install insulation without making other upgrades. Greene discussed a scenario where a green building inspector may make recommendations that will bring the costs up substantially that the remodel will exceed the 50% mark. Meagor believes the Fire Department is aware of the intent of the  the International Fire Code. Many of the changes are for clarification purposes.  review and advise.  building or the owner. Meagor clarified it applies to thel building.  sprinkler requirement will kick in.  ordinance and will address code interpretations accordingly. Kroot would like consideration for energy upgrade.  Thornton asked about the cost to sprinkler a house. Meagor stated the actual cost to install sprinklers is in the $4,000 to $5,000 range, up to $10,000, depending on the meter upgrade. Kroot stated the cost for Thornton asked if a homeowner does several small projects over the 36 month period and the total accumulated costs exceed 50% in that time frame, if they will be required to install sprinklers. She is looking at unintended consequences. Meagor confirmed. Meagor is comfortable to leave the time limit Greene asked if installation of insulation would be interpreted in the context of interpretation as to not require sprinklers. Meagor explained that one ofthe ways the code is interpreted, is by using linear wall footage to calculate the 50%. Lineal wall footage meets the intention of this code when fire sprinkler systems need to be installed. A remodel will not exceed the 50% threshold, unless it is truly a substantial remodel. Greene asked if over 75 of 100 of lineal feet of sheetrock is removed for  ai new. house is $2 per square foot.  at 12 months.  installation, ifit would be considered a substantial remodel. Meagor confirmed.  4    Minutes of the San. Anselmo Town Council  November 9,2010  Coleman referenced page 23, where it states sprinkler systems are required in newly created second Greene asked ifN Meagor had a list oftarget hazard buildings. They are any buildings the fire department feels have the ability to have a large fire loss, potential large life loss or economic loss to the community. Meagor confirmed. The code refers to the potential to have a particular occupancy loss, Kroot asked for clarification about alternate methods. Meagor explained the code allows for alternate methods of protection when iti is not possible to meet thel letter ofthe law, because oflocal conditions. All new residential buildings require fire sprinklers. Kroot asked about a scenario where a small portion, less than 50% mark of the total residence is converted to a second unit, if that would require sprinklers. Meagor confirmed. The local code currently states all new second units require sprinklers. Thornton referenced page 26, she is concerned adding definitions will automatically flag areas for fire insurance. Meagor clarified that it is just using. proper terminology because of the adoption of the Wildlife Urban Interface. We'rel bringing in wording from other government codes into our fire codes. Kroot is concerned defensible space requirements make people erode their hillside. Vegetation Greene referred to the Winship Park area where an area was cleared of vegetation to leave open dirt at the direction of the Fire Department. Fire hazard may be reduced but the hillside now presents a mud slide potential. Meagor explained the Fire Department approved a plan that called for the removal of scotch broom and several small bay trees. When they thinned the bay trees, it exposed the surface. He Thornton agrees with mitigating the fire hazard but would like to see discretion where possible. Kroot would feel more comfortable if wording for defensible space included consistency with slope Kroot asked for clarification of the 150 feet radius, if that only applies to your own property. Meagor Meagor stated there are areas where the Fire Chief is the person who makes the decision. He is reviewing the inconsistencies with the Town Attorney, and suggested changing the hearing authority from the Fire Chief to the Fire Board. Greene is concerned with same agency noticing a violation and rendering its view on its own decision. Deputy Town Attorney Hurd reminded Greene that is the same Thornton asked to explain what options are available. Meagor advised the vegetation is considered a public nuisance because it is time sensitive and needs to be addressed. Interpretation goes to the Fire Board for their discretion. In the sections the hearing chiefwould be replaced by the Fire Board, not the Fire Chief. Page 28 regarding abatement and assessment of the cost, and page 31, 32 (g) regarding penalties and violation of this chapter, the Fire Chief would be replaced with the Fire Board. In the  units. Meagor confirmed the code has not changed for 12 years.  such as hospitals and hotels. Our community does not have many oft these.  Management Plan can make sure vegetation stays for erosion control purposes.  is currently working with Planning and Public Works to address this situation.  stability.  confirmed that is the case with vegetation requirements.  standard procedure the Town Council follows.  5    Minutes oft the San Anselmo Town Council  November 9,2010  appeals section Subsection (b) should be subsection (c). Change all reference of appeal from Fire Chief  to the Fire Board, who should be making their recommendations based on regulations.  Hurd recommends keeping the fines "from $500 to $1,000."  There was noj public comment. months. Greene agrees.  Thornton recommends reducing the fine to "from $500 to $1,000." She also prefers 12 months to 36 Kroot also recommends sprinkler exemptions in 2nd units. Greene and Coleman both agree. He also prefers 12 months to 36 months for improvements. Greene and Coleman both agree. Lastly, he feels roofing should not set off sprinkler requirement, nor should new foundation, installation of energy efficient windows, removal of sheetrock, plaster or paneling to insulate a house, nor repair of flood Kroot wants to see ift there is a way to account for energy efficiency upgrades. Hurd suggested adding the following wording to the exemption list - "improvements that add no floor area and can be McInerney asked for clarification regarding sprinkler requirements after the last flood. Meagor said sprinklers were not required unless substantial square footage was added in repairing flood damage. Greene feels there is tension between safety and financial viability. He is most comfortable with specific exclusions, less comfortable with Hurd's wording but not comfortable with leaving the code as Coleman has witnessed her neighbor remodel his house and had a situation that pushed him over 50% McInerney wants to know ift this is consistent with language used in other jurisdictions, whether we are more or less restrictive than other jurisdictions. He is not comfortable with making changes without better understanding. Meagor stated the changes are universal throughout the county, although there will always be minor variances. Riley advised the wording is universal from his experience. McInerney As regard timing, Meagor advised the code changes needs to be adopted 30 days before. January 1,2011. Therefore, making substantial changes at the next meeting starts the process all over again. No change McInerney asked for Meagor's opinion regarding sprinklers for 2nd units. As the Fire Chief, Meagor  damage. He wants to see this wording included in page 17.  demonstrated to be solely for energy efficiency purposes."  proposed.  and had toj pay substantial costs to comply with the sprinkler requirement.  is not comfortable with making changes.  gets us the model code, until we: make our changes at a later date.  does not recommend eliminating the requirement. Thornton asked to review items for agreement. 3. Substantial remodel exemption list is as follows:  1. Sprinklers exempt for 2md, unit on page 24. Consensus has been reached on the exemption. 2. Substantial remodel 36 - 12: months. Consensus has been reached on 12 months.  6    Minutes of the San Anselmo Town Council  November! 9,2010  Roofing material is already included. Replace or repair foundations, install energy efficient windows oflike size, remove sheetrock, plaster or paneling solely for install insulation.  Repair flood damage has been removed from the list. 4. All appeals would go not to the Fire Chiefbut to the Fire Board. 5. Fines would bel limited to "between $5001 to $1,000."  Greene does not feel this is the time to make decisions. Meagor feels his focus is on potential changes Kroot asked if we can hold a special meeting to discuss this issue further. Hurd advised an ordinance M/s, Mcinerney/Greene, adopt Resolution No. 3931 making the attached Findings of Face and need for change or modifications to the State Building Standards Code because of local conditions. AYES: M/s, Greene/Kroot, to approve introducing the proposed ordinance with the changes of sprinkler exemption for the 2nd unit, decreasing the substantial remodel to 12 months, add to the exemption list "repair or replace foundation, installation of energy efficient windows of like size, remove sheetrock, plaster or paneling solely to install insulation", change all appeals to go to the Fire Board, in lieu of the Fire Chief and reduce fines to "between $500 to $1,000," and to approve reading the ordinance by title only and waive further readings of the ordinance. AYES: Coleman, Greene, Kroot, McInerney, M/s, Greene/Mclnerney, to approve the Town Manager read the title oft the attached ordinance to amend Title 3, Chapter 3, Article 8 of the San Anselmo Municipal Code and adopt the 2010 Edition of the California Fire Code and 2009 International Fire Code with certain local amendments and additions and Appendix A of the International Wildland Urban Interface Code and changes stated above. AYES:  to the code.  cannot be adopted at a special meeting, not even an urgency one.  Coleman, Greene, Kroot, McInerney, Thornton. NOES: None  Thornton. NOES: None  Coleman, Greene, Kroot, McInerney, Thornton. NOES: None  M/s, Greene/Kroot, to approve to schedule a public hearing, second reading, and adoption of the ordinance at the November 23, 2010 Town Council Meeting. AYES: Coleman, Greene, Kroot,  McInerney, Thornton. NOES: None  3. APPROVE RESOLUTION NO.3932, FINDING OF FACT AND INTRODUCE AND WAIVE READING OF THE ORDINANCE AMENDING TITL 9, BUILDING REGULATIONS. AND TITLE 7. PUBLIC WORKS, OF THE SAN.ANSELMO MUNICIPAL CODE. PERSUANT TO THE 2010 EDITION OFTHE CALIFORNIA CODE OF REGULATIONS. TITLE24.  Building Official Keith. Angerman gave the staff report.  There was noj public comment.  Kroot asked for clarification regarding the permit and application expiration. Angerman stated the applicant can apply for a 6 month extension after work stops and also confirmed violation penalties are: 3  times the cost, not twice.  7    Minutes oft the San Anselmo Town Council  November 9, 2010  Greene asked the current time period for permit expiration. He feels with the current economy, they may need more time not less to complete their projects. Angerman clarified permits do not expire until  a year after actual work stops.  Kroot asked ift the application and permit processes are different. Angerman confirmed.  Angerman stated as long as the applicant continues to work and obtain inspections, the permit stays M/s, Kroot/Greene, to approve adopting Resolution No. 3932, making the attached FINDINGS OF FACT AND CONFIRMING THE NEED FOR MODIFICATIONS TO THE CONSTRUCTION CODES BECAUSE OF LOCAL CONDITIONS". Ayes: Coleman, Greene, Kroot, McInerney, M/s, Kroot/Greene, to introduce the proposed ordinance (first reading) and read the ordinance by title only and waive further reading of the ordinance. AYES: Coleman, Greene, Kroot, McInerney, M/s, Greene/Kroot, to approve the Town Manager read the title of the. attached ordinance "AN ORDINANCE OF THE TOWN OF SAN ANSELMO AMENDING TITLE 9 OF THE SAN ANSELMO MUNICIPAL CODE." AYES: Coleman, Greene, Kroot, McInerney, Thornton. NOES: M/s, Kroot/Greene, to approve to schedule a public hearing, second reading, and adoption of the ordinance at the November 231d 2010 Town Council meeting. AYES: Coleman, Greene, Kroot,  open.  Thornton. NOES: None.  Thornton. NOES: None.  None.  Mclnerney, Thornton. NOES: None.  4 APPROVE RESOLUTION NO. 3933 AMENDING THE MASTER FEE SCHEDULE TO INCREASE ALL PARKING PENALTIES, FINES OR FORFEITURES BY $3 REFLECTING  THE RECENT STATE INCREASE.TOI BE EFFECTIVE DECEMBER 7,2010.  Staff report was waived. There was no public comment.  Coleman asked why the overnight fees remaining the same. Police Chief Maynard noted it is a clerical M/s, Greene/Kroot, to approve Resolution No. 3933 amending the Master Fee Schedule to increase all parking penalties, fines or forfeitures by $3 as set forth in Attachment No. 2, with the change oft the new fee for overnight parking to be $24, to be effective December 7, 2010. AYES: Coleman, Greene,  error and will be corrected to reflect the same $3 increase.  Kroot, McInerney, Thornton. NOES: None.  8    Minutes of the San Anselmo Town Council  November 9,2 2010  5. APPOINT MEMBER AND ALTERNATE TO SERVE ON THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS SUBCOMMITTEE ON PENSION  LIABILITY. Staff report was waived. There was no public comment.  Stutsman stated that the subcommittee will be moving swiftly and several meetings will be required. Greene, McInerney and Thornton all volunteered. Greene is interested and has had past experience with this issue. McInerney is an employment lawyer and has much working knowledge of benefits issues. He feels the current system is unsustainable and needs tol be changed. Thornton has been involved ever since the second tiered pension, as part of MEA as well, and has been involved with Larry Chu and his McInerney pointed out that' Thornton, working for a government entity, may be perceived by the public as being part ofthe system. She clarified that she is acting as a consultant and therefore does not receive M/s Greene/Kroot, to approve appointing Greene as the primary member to serve on the MCCMC Subcommittee on pension liability. AYES: Coleman, Greene, Kroot, McInerney, Thornton. NOES: M/s Kroot/Coleman to approve appointing McInerney as the alternate member to serve on the MCCMC Subcommittee on pension liability. AYES: Coleman, Greene, Kroot, McInerney, Thornton. NOES: M/s Thornton/Kroot to approve appointing Thornton as second alternate member to serve on the MCCMC Subcommittee on pension liability. AYES: Coleman, Greene, Kroot, McInerney, Thornton,  work.  retirement benefits.  None  None  NOES: None.  Thei meeting was adjourned at 10:52 p.m.  Kespectulysubmite4, Jeannie Courteau  9