TOWN OF SAN. ANSELMO  TOWN COUNCIL MINUTES OF OCTOBER 12, 2010  Present: Coleman, Greene, Kroot, McInerney, Thornton CALLTOORDER, AND PLEDGE OF ALLEGIANCE Mayor Thornton called the meeting to order at 7:05 p.m.  ANNOUNCE ACTION TAKEN,IF ANY.INCLOSED SESSION  There was no closed session. AN EMERGENCY  SWEAR IN STAND-BY COUNCILMEMBERS APPOINTED TO SERVE IN THE EVENT OF  Mayor Thornton thanked the inductees for their volunteerism. Town Manager Debra Stutsman swore in the stand-by Councilmembers.  APPROVE PROCLAMATION OF THANKS TO ALL WHO CONTRIBUTED TO COUNTRY Mayor Thornton thanked all of those involved for their contributions to Country Fair Day and read a  FAIR DAY  proclamation honoring the volunteers. OPEN TIME FOR PUBLIC EXPRESSION  No one spoke.  COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS; OUESTIONS AND COMMENTSTO Councilmember Coleman noted that there are several dead trees on the route into San Anselmo from Stutsman advised that funding has been allocated for the removal oft the dead trees in San Anselmo. Councilmember McInerney mentioned the Marin Community Playhouse sign should be replaçed with  STAFF: STAFF MISCELLANEOUS ITEMS  Ross.  one indicating the current name, which is the San Anselmo Community Playhouse.  Stutsman said that she would follow up on this matter.  McInerney participated in "The Councilmember Is In" program last weekend and enjoyed it very much. Tom Peacock shared his concerns and opinions with Mclnerney, urging Council to exert leadership, discuss larger issues, and think in broad terms. Peacock gave the example ofthe City ofLafayette's new library and volunteer-created, comprehensive website as the kind of worthwhile project San Anselmo    Minutes oft the San Anselmo Town Council  October 12,2 2010  may want to consider. McInerney is looking forward to his next opportunity to speak with residents in Councilmember Kroot applauded the success oft the Wade Thomas and Saint Anselms Walk and Ride to School Day, noting that there were: more than 400 students ànd parents involved in the event this year. Kroot also mentioned that he and McInerney met with Rick Hess of Crest Road and Colin Lind of Sturdivant Avenue to work out a pedestrian easement. Lind and his attorney are going to write an  this venue.  agreement and Mr. Hess will reviewi it.  McInerney added that Hess has 30 days to either agree to the easement or not.  Thornton advised that Ross Councilmember Rupert Russell mentioned that Ross has begun discussing future work on the medians on Sir Francis Drake Boulevard, to which Thornton responded that San Anselmo has a volunteer committee working on a similar project and suggested that the two towns join Thornton further advised that the Marin Energy Authority Board (MEA) authorized $10,000 to be spent in the amount of $500 per entity to help offset the energy audit and costs for work done on homes with Additionally, the MEA is beginning to look at power generation projects and some tariffs that would facilitate those on a smaller scale and contracts on the larger scale. The MEA also approved a plan to 1. CONSENT AGENDA: THE OPPORTUNITY FOR PUBLIC COMMENT ON CONSENT AGENDA ITEMS WILL OCCUR PRIOR TO COUNCIL DISCUSSION OF THE CONSENT AGENDA. THE COUNCIL MAY APPROVE THE ENTIRE CONSENT AGENDA WITH ONE ACTION. IN THE ALTERNATIVE, ITEMS ON THE CONSENT AGENDA MAY BE REMOVED BY ANY COUNCIL OR STAFF MEMBER, FOR SEPARATE DISCUSSION AND  forces.  the goal ofachieving energy efficiency.  provide support for electrical vehicle charging stations.  VOTE  (a) Approve minutes of September 28, 2010. in the amount of$1,591,391.43.  (b) Acknowledge and file warrants no. 67349 to 67608 issued during the month of September 2010, (c) Approve Resolution 3927 adjusting the size of the Historical Commission to 11 members and (d) Approve Resolution 3928 in support of Proposition 22, the Local Taxpayer, Public Safety and As there was no comment from Council, Thornton opened the discussion for public comment; as there was no comment from the public, the consent agenda was returned to Council for action.  restating the charge and purpose ofthe commission.  Transportation Act of2010.  M/s, Greene/Coleman to approve adoption oft the consent agenda. AYES: Coleman, Greene, Kroot, McInerney, Thornton  NOES: None  2    Minutes oft the San Anselmo Town Council  October 12, 2010  Thornton thanked Greene for acting as mayor at the last Council meeting.  Greene shared that he had volunteered to be in the Country Fair Days dunking tank sponsored by the Flood Mitigation League of the Ross Valley, reminding all present that he had been at loggerheads with the League during a prior election. Greene advised that since the California Supreme Court had resolved that issue, he and the League decided it was time to demonstrate that the matter was water under the  bridge.  2.1 RECREATIONI - DEPARTMENT ITEMS:  (a) Approve downtown event application- Goblins Parade, Wednesday, October 27, 2010, 5:30- (b) Approve downtown event appication--Holiday Lighting, Saturday, December 4, 2010, 5:00-  7:30 p.m. 7:001 p.m.  (c) Country Fair Day wrap up report  Recreation Coordinator Dana Gibson presented the staff report and distributed candy to all present.  Stutsman clarified that the Goblins Parade is sponsored by the' Town.  Community Services Director Dave Donery presented the staff report for (b) the Annual Holiday  Lighting event.  Coleman asked ifthere had been any issues with blocking off the corner to traffic last year. merchants would be told twice about the closure in advance ofthis year's festivities.  Donery responded that one merchant reported not having been advised of the closure and that all Donery presented the Country Fair Day wrap up report, noting that it was a very warm day and the booths were active until about 1:00, when most went home. A debriefing led to discussion about how to bring in other visitors by adding more booths. Last year, the event cost the Town $1,400; this year, thanks to a modest booth fee, the Town will break even. The proceeds from the one beer booth will be Thornton noted that the beer was donated by the Lagunitas Brewery in Petaluma and thanked Donery, Thornton opened the discussion for public comment; as there was no comment, she returned the matter  split between the operating fund and a newly-established community center fund.  congratulating him on the success of Country Fair Days.  to Council for action. NOES: None  M/s, Kroot/Greene to approve Items A and B, and accept the report on Item C.  AYES: Coleman, Greene, Kroot, McInerney, Thornton  3    Minutes of the San Anselmo Town Council  October 12,2010  3. RECEIVE REPORT FROM TRAFFIC CONSULTANT, DAVID PARISI, REGARDING POSSIBLE SOLUTIONSACTIONS TO ADDRESS TRAFFIC, SPEEDING. AND SAFETY ONSIR FRANCIS DRAKE BLVD. BETWEEN CALUMET AND BUTTERFIELD ROAD Public Works Director Steve Myrter presented a summary report and introduced Traffic Engineer David Parisi presented a slide display, noting that the stretch of Sir Francis Drake in question holds four traffic lanes, each lane ten feet in width. There are ten feet ofright-of-way behind the curbs. On the north side, aj planted median separates the sidewalk from the traffic lanes; on the south side, the sidewalk generally The scope of work was to review the existing conditions and meet with community members to gain an understanding oft the issues. Parisi also looked at the findings ofW-Trans regarding a potential road diet; W-Trans had recommended four different ways in which to reduce the number of lanes to three. Meetings with community members revealed that the largest conçern was sidewalk safety, particularly on the south side of the street; the next three largest concerns were (1) the narrowness of the lanes; (2) Recent actions taken by the Town include the installation of a vehicle speed feedback sign, two overhead pedestrian crossing beacons with in-pavement flashing lights, enhanced high-visibility crosswalks, participation in a street smarts traffic calming campaign, and increased enforcement. Parisi noted that the Police Department has conducted numerous speed surveys in the area and that the 85th percentile- the speed at which most traffic travels-is within the set speed limit. Parisi went on to note that the Transportation Authority of Marin (TAM) is the county's congestion management agency; TAM monitors traffic performance along roads of regional significance and Sir Francis Drake is one of these. According to TAM, reducing the capacity on Sir Francis Drake would reduce throughput and increase traffic congestion, which could affect parallel routes on neighboring streets and in other jurisdictions. In that event, the Town would be held responsible for remedies and Ultimately, six potential solutions were offered: (1) reconstructing the pavement; (2) relocating the sidewalk on the south side to create a buffer zone, or widening the sidewalk; (3) providing a barrier on the south side between the curb and sidewalk; (4) installing a guardrail on the south side of the roadway; For the short term, Parisi recommends the installation of a pedestrian barrier between the curb and the sidewalk; for the long term, he suggests widening and/or moving back the south side sidewalk. McInerney asked Parisi to share his professional perspective as to the actual issues, specifically  Parisi.  abuts the curb.  Additionally, Parisi looked at solutions other than aj proposed road diet.  the perception of speeding; and (3) the challenge ofbacking out of driveways.  mitigation measures.  (5)considering a road diet; and (6) enhancing street crossings.  addressing the issue of speeding and the conclusions oft the Police Department.  4    Minutes of the San Anselmo Town Council  October 12, 2010  Parisi replied that the Police Department uses accurate meters in measuring the speed of traffic. Although the average speed is around the speed limit, there is aj perception of speeding because of the  narrowness ofthe lanes and the lack of pedestrian comfort along the street. McInerney asked ift there have been more accidents in that area than in similar areas.  Police Chief Charles Maynard introduced Captain James Providenza who distributed and discussed a Providenza advised that his study was conducted in response to an assertion by a member of the Give Drake A Break neighborhood group that most of the accidents on Sir Francis Drake occur between Providenza found that the total number of accidents on Sir Francis Drake for a period from 2006 to September 30, 2010, was 334 and that 26 of these occurred between Broadmoor and Butterfield. Further, of the five accidents in that area which occurred in 2010, two collisions took place between 5 and 10 mph; one took place at a speed under the speed limit not specified; and another took place between 20 and 25 mph. The fifth accident occurred when a vehicle, tilting because of the crown in the Greene asked Providenza ifl he had any opinion about the possibility of reducing the speed limit on Sir Providenza explained that the courts have decided that drivers, based on theit accumulated years of driving experience, have determined what is a safe and reasonable speed.. Surveys are conducted to determine the speed oftraffic and the limit is set on the 85!h percentile. Ift the Police Department reduces the speed limit, the action may be perceived as an unreasonable act by the driving public. Further, reducing the speed limit results in the loss of radar enforcement capabilities because, by definition, a Maynard observed that engineering studies have shown that reducing the speed limit results in an increase in the accident rate because some will try to obey and others will continue to move along at Parisi added that a limit arbitrarily set too high or too low, in some cases, will result in a larger range of speeds, which proves unsafe. The ten foot lanes on Sir Francis Drake are actually having a calming effect on the traffic; if the lanes were wider, or if a road diet were created, Parisi believes the speeds Captain Nicholas Valeri has observed firsthand that the flashing crosswalks with overhead displays have actually slowed traffic down; recently, he has noted that the backups, previously a regular event in the  memorandum in regard to a recent traffic study.  Broadmoor and Butterfield.  road, struck a pole. Francis Drake.  speed trap will have been created.  speeds reasonable for conditions.  would increase.  area, have not occurred.  Thornton opened the discussion to the public for comment.  5    Minutes oft the San Anselmo Town Council  October 12,2010  Gary Millar, Santa Barbara Avènue, observed that the speed limit on either end of this stretch of Sir Francis Drake is 25 mph as opposed to 30. He believes any consideration ofar road diet should includea a plan to divert traffic to Center Boulevard. He also believes traffic barriers should be installed at every bus stop to protect pedestrians. Millar added that perceptions of danger in the area are accurate. Michael Rex, Sais Avenue, spoke in support of David Parisi's recommendation to widen and move sidewalks, as well as creating a separation between the sidewalk and the street. Rex would like to see a Rex would also like to offer alternatives such as shuttles or rail-based streetcars on Center Boulevard; he Anita Mitchell, Sir Francis Drake Boulevard, doesn't understand the perceived notion that most individuals are obeying the speed limit at certain times of the day. She doesn't support the idea of barriers, as they won't prevent cars from going on to the sidewalks. Mitchell was curious as to whether or not the 26 accidents occurring in the area over the past five years include incidents such as mirrors being clipped in traffic and telephone poles being sideswiped. Finally, Mitchell believes that the widening of the sidewalks may create a sense of safety for pedestrians, but may also encourage cars to Derek Mitchell, Sir Francis Drake Boulevard, supports an abbreviated road diet between Butterfield and Broadmoor. Mitchell also contends that widening the sidewalks would create a false sense of security and would not prevent aj pedestrian from being struck by a flying mirror or a camper awning. Judy Baldasarri, Sir Francis Drake Boulevard, has found it much more dangerous to pull in and out of her driveway with a four lane road than with ai two lane road. The closest lane will generally stop for her Sarah, Sir Francis Drake Boulevard, believes the crown in the road is a problem and that even ifiti is expensive, the crown should bei repaired for residents, particularly for children in the neighborhood. Tom Peacock, Durham Road, observed that Parisi's study is fine as far as it goes but he does not believe the Town's resources have been fully exploited. He agrees with Millar's observation that traffic could be diverted to Center Boulevard. Peacock would also like consideration of placing the sidewalk on one side Heidi Jaeger, Sir Francis Drake Boulevard, does not support the widening oft the sidewalks as this would result in further diminishing of property values. Jaeger supports the idea of more driver education and  green buffer, perhaps with boulevard trees or al low hedge. asked Council toj provide leadership on that project.  travel at greater speeds.  while the driver in the farther lane will not see that she is turning.  of Sir Francis Drake, thereby freeing up space on the opposite side oft the street.  feels ai road diet should be considered, despite the risk ofbackups.  Thornton returned the discussion to Council.  Kroot asked ifpedestrian barriers provide safety or the perception ofs safety.  6    Minutes of the San Anselmo Town Council  October 12,2010  Parisi responded that barriers are a genuine safety measure used throughout the county in a variety of designs. Galvanized steel can lessen the severity of a crash ifa car jumps a curb; a guardrail is designed  to stop a vehicle.  Kroot asked if a pedestrian barrier placed close to the street would slow traffic.  Parisi replied that any vertical devise close to a curb could slow down traffic but it needs to be offset 12  to 18" from the curb.  Kroot asked how such a project would be funded.  Parisi explained that a project involving the placement of barriers, buffers, or widening the sidewalk would be highly competitive for funding from Safe Routes to Schools, TAM, the state, or the federal  government.  Thornton asked if Safe Routes To Schools has done a study along this area. projects. This is an area they have looked at and it is on their radar. Coleman asked why an abbreviated road diet has not béen considered.  Parisi observed that Safe Routes To Schools has been good to San Anselmo in terms of studies and  Parisi revealed that an abbreviated road diet was considered and rejected because it would result in Sir Francis Drake çarrying only 70% of today's traffic and potentially raise those issues of diversion and increased speed. Road diets are generally considered for areas with 25,000 vehicles or fewer. a day; Sir  Francis Drake carries 35,000 vehicles a day and has too much traffic for aroad diet.  Thornton requested Council discussion and direction to staff.  Greene lives on Sir Francis Drake close to the hub in an area that has been redone and is considerably safer than the area under consideration; yet, auto body parts, glass, etc. appear in his area as well. Greene does not believe there is a resolution that will make everyone happy and believes full guardrails Kroot is glad the issue has returned to Council and is in favor of further study. He once suggested moving the sidewalk further away from the street, but heard from neighbors that they are concerned about losing part oft their front lawns and about the expense oft regrading their driveways. McInerney believes that while it makes sense to explore different options, he does not feel that diverting traffic to Center Boulevard is a helpful solution as there are bottlenecks on that route. He is receptive to pedestrian barriers. McInerney further noted that while the focus is currently on this one section of Sir Francis Drake, it is important to keep in mind that there are a number of areas with similar traffic issues, including Butterfield Road. He is hesitant to support ai road diet as those residents on intersecting streets would be negatively affected. McInerney noted that he would also like the Town to partner with TAM  that push errant vehicles back into the flow oftraffic are ultimately the answer.  and the school districts to consider ways in which to reduce traffic.  7    Minutes oft the San Anselmo Town Council  October 12,2010  Coleman noted that the two overhead displays currently in place encourage people to drive and cross more carefully. She asked ifit is possible to place two more displays at Broadmoor and at Butterfield Thornton believes that in terms of speed limits, the rules are clear. Sir Francis Drake is a major thoroughfare for cars and should be a major thoroughfare for pedestrians. It could be improved with pedestrian barriers. Thornton noted that bicycle traffic seems to have been moved off of Sir Francis Kroot suggested that when Sir Francis Drake is due for paving, the crown should be ground down and Parisi clarified that the 85th percentile is derived from speed surveys taken in the middle of the day during free flow, non-congested periods. Further, pedestrian beacons can only be installed at non-signal Chief Maynard advised that the Police Department would like to lower the speed limit to 25 mph; Thornton would like to work with the utilities to consider undergrounding or moving the utility poles Thornton thanked members of the community for contributing to the discussion. 4. INTRODUCTION OF AN URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE INSTALLATION OF SMARTMETERS AND RELATED EQUIPMENT WITHIN THE TOWN OF SAN ANSELMO OR IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE TOWN OFSAN  respectively. Coleman also supports aj pedestrian guardrail.  Drake.  the road flattened.  intersections.  however, ifthey did so, they would not be able to enforce: it legally. back; there seem tol be extenuating circumstances in this situation.  ANSELMO,AND DECLARING THE URGENCY THEREOF.  Coleman recused herself.  Town Attorney Rob Epstein presented the staffi report.  PG&E is engaged in a plan approved by the California Public Utility Commission (CPUC) to replace electric and gas meters with SmartMeters that involve wireless technology and enable the utility to collect information. Epstein was asked to return with an urgency moratorium ordinance similar to that adopted by the Town of Fairfax. The ordinance has been prepared and submitted to Council. Epstein also engaged in extensive legal research to analyze the enforceability should the Council adopt the ordinance. After looking at the issue carefully, Epstein has determined that the ordinance would not likely be enforceable by the Town against PG&E if the utility either challenged the ordinance or continued to install SmartMeters. Epstein's conclusion is based on both case law and statutes enacted by the legislature, all of which relate to the preemption oft the field by the CPUC. The power of the CPUC tor regulate in this area is viewed quite liberally by the courts. Despite local efforts to regulate, either by aproposed moratorium ordinance or by the Town's elecommunications ordinance, Epstein deems it  8    Minutes oft the San Anselmo Town Council  October 12,2010  likely that if a court were testing the validity oft the Town's actions against PG&E, San Anselmo would Epstein noted that if the ordinance were passed, PG&E could continue to install SmartMeters and await the Town's next action. At that point, the Town could only attempt to enforce its ordinance by going to Alternatively, PG&E could challenge the ordinance by seeking declaratory relief or some other remedy Because a number of concerns about privacy were voiced at the September 14 meeting, Epstein researched the question of whether or not the information collected by the SmartMeters represents a privacy violation and found that it is really an open question as the law is not particularly well developed in this area. Itis PG&E's position that there is no privacy concern because ofthe measures the utility has  be defeated.  court; as previously stated, Epstein believes the outcome would be unsuccessful. in the court to obtain a court order declaring that the ordinance was invalid.  taken to ensure that the collected information is not shared with third parties. Kroot asked ift the Town is at the mercy ofl PG&E and the CPUC.  Epstein responded that under state law, San Anselmo is at the mercy of the CPUC subject to the Town's right of appeal to any decision made by the CPUC. If this dispute went to court, the court would likely direct Council and citizens to present their concerns to the state body that is charged with hearing the McInerney mentioned a recently adopted statute, SB 1476, dealing with privacy; he advised that the statute specifically addresses advance metering by utilities and states that there are certain requirements or limitations on the use of the collected information. McInerney interprets the bill as implying that in Epstein believes that is a reasonable conclusion but maintains that legally the question remains open. McInerney concluded that an individual wishing to challenge SmartMeters on the grounds of privacy  concerns and making binding decisions regarding them.  the eyes oft the legislature, SmartMeters do not represent aj privacy violation.  might have to argue that the statute is unconstitutional as well.  Epstein believes that is one of the issues that would bel litigated in such a case.  Thornton opened the discussion for public comment.  Vicky Seevers, a San Rafael resident and San Anselmo homeowner, advised that the adverse health effects of wireless technology are well-documented. Living tissue is bioelectric; a San Anselmo couple was forced to sell their home and move to Woodacre after tracing their illness to the emergency response equipment at the Police Department. Seevers believes it is essential that community members Heli Robertson, Austin Avenue, is adamantly opposed to SmartMeters and advised that there is a lot of information relating to the adverse effects of cell phones and SmartMeters. Robinson is in full  raise awareness and take action even ifit proves to be symbolic.  9    Minutes oft the San Anselmo Town Council  October 12,2010  agreement with Seevers and believes it will be regrettable if the community does not fight the Joan Weinheimer, San Anselmo, has been fighting the SmartMeter project since January. Weinheimer cited several conditions that result from proximity to wireless technology, including migraines, insomnia, tinnitus, and increased blood pressure. She would like to see the moratorium passed even ifit  installation of SmartMeters.  isas symbolic measure.  Thornton returned the discussion to Council. against the SmartMeters this evening. Epstein advised that the venue: is the CPUC.  Sarah Scheidler, San Anselmo, asked if there is another venue for the individuals who have spoken  Kroot stated that he has had many painful conversations with cancer patients who do not want electromagnetic fields (EMF) around them and he supports the moratorium. He is reminded of the Town's ordinance against cell phone towers, noting that San Anselmo has never been challenged on this McInerney reminded all present that he made a lot ofl his comments at the last meeting. He is concerned about the potential health effects. of EMF's and is supportive of the Town's letter to the CPUC. He does not, however, believe it is legally or fiscally responsible to adopt an ordinance that is illegal. McInerney Greene believes that recent public activity clearly demonstrates that PG&E does not have the public's interest at heart; rather, it has the utility's own financial interest at heart. Further, he does not agree that the CPUC is the venue for further protestation. Greene supports the moratorium and would like to see Thornton sympathizes with those who have contacted Council and attended meetings. Further, Thornton feels iti isn not appropriate toj pass an ordinance that is not enforceable. She noted that the issue has caused some confusion in the community. Finally, Thornton believes that individuals need to continue to take M/s, Greene/Kroot, to enact as an urgency ordinance the moratorium on SmartMeters and related technology with one amendment in the recitations Section 1 insert as in J following I that San Anselmo has enacted an ordinance regulating wireless telecommunication facilities with which PG&E has not  action.  suggested that Council concentrate on issues within its jurisdiction.  language added thereto that refers to the Town's ordinance regarding cell towers.  their conçerns to PG&E. and the CPUC.  complied, going to N rather than M. AYES: Greene, Kroot NOES: McInerney, Thornton RECUSED: Coleman  10    Minutes oft the! San Anselmo Town Council  October 12,2010  5. RECEIVE REPORT ON OPTIONS TO RETAIN BELOW MARKET RATE (BMR) HOUSINGI UNIT AT26TAMALPAIS AVENUE AND PROVIDE DIRECTIONTOSTAFF  Coleman returned to the dais.  Stutsman presented the staff report. The Below Market Rate (BMR) unit located at 26 Tamalpais Avenue has become available; however, conventional financing is not available for the unit at this time. Because conventional financing is not available, the Marin Housing Authority no longer considers the unit a viable BMR unit. The Town has four options available, three of which would keep the possibility ofa BMR unit alive at the location until conventional financing becomes available. Stutsman explained Thornton noted that Unit A has already been sold and that Units D and E will possibly be on the market; this totals to 60 percent of the units. She asked ift this is why conventional financing is not available for Stutsman affirmed, explaining that seventy per cent of the units must be in contract in order to secure  the four options to the Council.  Unit B, the BMR unit. conventional financing.  Applicant Drew Klausner confirmed that thisi is the case.  Kroot recalled that a number of years ago he spoke with a San Anselmo police officer who was forced to move from San Rafael to Novato because ofa drastic increase in his rent; the officer was unhappy about the fact that although he was building a career and made ai respectable income by definition in any other part oft the country, he could not afford to live in the town. Kroot noted that it would take $1,500 to carry the unit and that this figure is a reasonable rent. He believes there must be individuals on the Town's Stutsman stated that under this scenario, the Town would be purchasing the unit and not planning to sell it at a later date. This is Tiburon's current course ofaction--to purchase and rent to city employees. Kroot responded that it has become more and more challenging for employees to both live and work in San Anselmo; on the other hand, the Town would have to manage and maintain the unit. Stutsman offered that Tiburon has determined that purchasing two-bedroom units is economically Thornton asked the applicant ifl he had any comments. Klausner declined to speak and Thornton brought Greene advocated for Option 4, to return the unit to regular housing stock now, allowing the property owner to sell it at market value. He does not feel the Town has the resources to either purchase or carry M/s, Greene/Coleman, to select Option 4, where the Town takes no action at this point and the BMR  staff who could take advantage of the BMR opportunity.  feasible, noting that the unit on Tamalpais Avenue is a one-bedroom unit.  the matter back to the Council for discussion.  the mortgage on the unit.,  unit is returned to regular stock and sold at market value.  11    Minutes oft the San Anselmo Town Council  October 12,2010  Kroot asked for clarification as to the amount of funds the Town would receive if the unit were sold at Stutsman explained that if the. unit is sold at $299,000, as opposed to the BMR of $231,000, the difference is $68,000; the Town could conceivably receive 75% of that figure, or, $51,000. Stutsman does not know if those funds are required to be reserved for some sort of affordable housing, but Coleman thanked Klausner for considering the Town and keeping Council advised. The Town would Thornton expressed her thanks as well and recalled having been on the Council when the development was initially approved. She recalled the excitement about the BMR unit at that time, adding that it has Kroot shared his gratitude as well and regretted that the current economic situation has resulted in the  market value.  believes they should be.  like tol have worked out an agreement but lacks the funds to do SO.  made the current decision very difficult.  loss oft this BMR unit. NOES: None ADJOURN  AYES: Coleman, Greene, Kroot, McInerney, Thornton  Stutsman asked that the meeting be adjourned in memory of Arthur Knutson, who passed away this week. Services will bel held on October 17 at 2:00 p.m. in Novato at Saint Francis of Assisi Church. Stutsman further asked for adjournment in memory of Arianna Riordan, a former San Anselmo Police  Department Explorer, who died on October 3 at the age of20 years.  Thornton adjourned the meeting at 10:55 p.m.  Respectfully submitted, Nancy Harris  S:TC Mimutesz010Mimutes 101012.doc  12