TOWN OF SAN ANSELMO Minutes of the' Town Council Meeting ofJuly 26, 2011  Present: Coleman, Greene, Kroot, Thornton McInerney via teleconferencing.  CALL' TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Greene called the meeting to order at 7:10 pm.  ANNOUNCE. ACTIONT TAKEN, IFANY.INCLOSED SESSION Town Attorney Epstein advised that there was no action taken in closed session.  OPENT TIME FOR PUBLIC EXPRESSION  Dick Schaeffer, San Anselmo, regrets having been advised to park on Tamalpais Avenue when Greene clarified that there is a yellow zonei in that location available to Schaeffer for loading and  visiting the downtown area, as he believes the area to be ared zone.  unloading, reminding him that parking is not allowed. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS as stop sign at the intersection ofl Hillside and Laurel Avenues.  Councilmember Kroot has received ai request that the Traffic Safety Committee consider placing Town Manager Stutsman advised that Administrative and Finance Director Daria Carrillo has a Carrillo advised that the new software is being used for many of the Town's financial tasks and that some functions, such as payroll and business license processing, are expected to be added  report on the new accounting software.  over the next several months.  1. CONSENT AGENDA: ITEMS ON THE CONSENT AGENDA MAY BE REMOVED AND DISCUSSED SEPARATELY.DISCUSSION MAYTAKE PLACE ATTHE END OF THE AGENDA. OTHERWISE, ALL ITEMS MAY BE APPROVED WITH ONE  ACTION  (a) Approve minutes ofJuly 12, 2011.  (b) Cancel meeting ofTuesday, August 23,2011, due to vacation schedules.  (c) Approve 2011-12 Memorandum of Understanding with the San Anselmo Police Officers Association, providing for employees to pay 3% of salary toward the employee share of the PERS retirement cost and adding February 29 as an Equivalent Time Off (ETO) day. (d) Approve Resolution 3964 to tax defer member paid CalPERS contributions pursuant to IRS  Code Section 414(h)(2).    Minutes of the San Anselmo Town Council  July 26,2011  (e) Approve downtown event application for Country Fair Day to be held on Sunday, September 25, 2011 from 10. a.m. to 4 p.m., closing San Anselmo Avenue between Tamalpais and  Tunstead Avenues.  Greene opened the discussion to the public.  Matt Brasler, Agatha Court, was surprised to see Item 1(c) on the Consent Agenda and would  like to hear more about it.  Greene returned the discussion to Council. Thornton pulled Items 1(c) and 1(e) for comments.  M/s, Kroot/Thornton, to approve Items 1(a), 1(b), and 1(d) of the Consent Agenda. AYES: Regarding Item 1(c), Thornton thanked the Police Officers Association for their participation in the good faith negotiations, noting that their willingness to approve what amounts to a 3% pay Regarding Item 1(e), Thornton described the many events and attractions of Country. Fair Day and introduced Community Services Director Dave Donery, who spearheads the event. Town Manager Debra Stutsman added with respect to Item 1(c), the firefighters have also agreed to contribute 3% of salary to PERS. Stutsman explained that until now, the Town has been M/s, Thomton/Coleman, to approve Items 1(c) and 1(e) of the Consent Agenda. AYES:  Coleman, Greene, Kroot, McInerney, Thornton. NOES: None.  decrease for the upcoming fiscal year willl help the Town considerably.  paying both the employer and the employee share ofPERS contributions. Coleman, Greene, Kroot, McInerney, Thornton. NOES: None.  2. REVIEW DOG USE REGULATIONS AT ROBSON HARRINGTON AND MEMORIAL PARKS AND PROVIDE DIRECTIONTOSTAIFSTAFFONNEXISTEPS  Kroot recused himself from the discussion. Donery presented the staff report.  Discussion ensued with regard to (1) whether or not a dog's evacuation habits are affected by leashing and un-leashing; (2) alternative strategies to addressing disposal of dog waste aside from having specific leash and un-leashed hours; (3) the existence of an ordinance fining dog owners for not cleaning up after their dogs; (4) the possibility ofi imposing a fine or increasing existing fines for owners' non-compliance with any clean-up regulations; (5) whether or not a dog's barking habits are affected by leashing ànd un-leashing; and (6) the percentage of Town Attorney Rob Epstein confirmed that the Municipal Code indicates an owner must clean  anonymous complaints to the police regarding dog and dog owner infractions. up after his or her dog and that failure to comply constitutes ai misdemeanor.  2    Minutes of the San Anselmo Town Council  July 26,2011  Police Chief Charles Maynard advised that as far as he is aware his department has not been Further discussion ensued regarding (1) whether or not leashed VS un-leashed is the relevant issue; (2) the Police Department's current posture of seeking compliance without taking enforcement action; and (3) the Red Hill Dog Park Fund and that group's current fundraising  issuing citations in this regard.  activities and plans.  Thornton asked for clarification regarding use of the track surrounding Red Hill. Donery noted that it is available for dogs on leash and heavily- used.  Greene asked what kinds of reports have been received with regard to whether or not residents  dispose oft their dog waste bags properly. Donery replied that this is not a big issue at the parks.  Epstein advised that the penalty provisions in the government code allow for fines not to exceed $100 for the first infraction, not to exceed $200 for the second infraction, and not to exceed $500  for each infraction thereafter, within a one-year period. Greene opened the discussion for public comment.  Parks and Recreation Commission Chair Doug Kelly, Floribel Avenue, renewed his request for a Rohanna McLaughlin, San Francisco Boulevard, suggested adjusting the hours of leashed and Pam Meyers, Madrone Avenue, supports a more liberal policy for dog use at Memorial Park. Kathy Boyd, Los Angeles Boulevard, believes dog owners are largely behaving responsibly and Barry Spitz, Los Angeles Boulevard, observed that it is no longer possible to engage in Dana Gibson, San Anselmo Recreation Department, observed that preparing for the moonlight egg hunt at Memorial Park this year was complicated by the necessity of waiting for the dogs to leave in order to spread candy on the ground for the children. She also noted there was a lot of Erin Bergman, Tamalpais Avenue, has not seen any significant decrease in usage at Robson Park over the past year and feels the park cannot handle the current level of off leash usage in the  leash law.  unleashed usage with consideration to the hours of daylight.  are obeying the offleash rules.  recreational activities because of the proliferation of dogs at Memorial Park.  dog waste in the area.  afternoohs.  3    Minutes oft the San Anselmo Town Council  July 26,2011  Peter Bergman, Tamalpais Avenue, believes that if Robson had a strictly on leash policy, there Valerie Rodgers, Raymond Avenue, is concerned that families may be intimidated by dogs in the parks, notices a lot of plastic bags containing dog waste tossed around, and has had encounters with aggressive dogs offleash. She is hopeful that al leash law will be considered. Michael Fahey, Raymond Avenue, works at home, has found dog owners to be impolite, and is disturbed by the noise of dogs off leash at the end oft the day at Robson. He would rather see an off leash period throughout the day sO that the activity would not be sO concentrated. Tyson Keel, Canyon Road, believes the barking issue has been overstated that the park at Robson has been very quiet and clean. He added that it is upsetting to hear false information in Brook McCormick, Laurel Avenue, urged Councilmembers to go to Robson Park and see the situation for themselves rather than coming to the discussion with preconceived ideas. Michael Hollander, San Anselmo, has found Robson Park to have no more than four or five dog at a time, has heard very little barking, and believes the likelihood of a police officer being Matt Brasler, Agatha Court, is surprised this is such a polarizing issue, noting that dogs and small children do not mix. He added that there are great places to take dogs, such as Sorich Park John Wilkes, Tamalpais Avenue, stated that he would not bring his children to Robson Park any more because of the dog waste. He added that dog parks and dog areas within parks should be Nancy Claigan, Melville Avenue, has not noted any problems with dogs and is not clear on the Jan Sundstrom, Redwood Road, attends Memorial Park with her dog and finds that the dogs and Eric Warner, Cresçent Road, agrees with Matt Brasler that dogs and small children do not mix, Helie Robertson, Austin Avenue, confirmed that there is a problem with proper disposal of dog waste bags, noting that she often finds them in her yard waste can, which is not permitted. Ann Brenner, Winship Avenue, believes Robson Park can be shared by all parties conçerned. Mark Friedenberg, Los Angeles Boulevard, believes the current situation at Memorial Park is working well, adding that dogs playing with each other for a couple ofl hours a day in the park is  would be a decrease in usage and therefore a decrease in waste.  complaints from the neighbors.  within close proximity to a defecating dog is very slim.  and Crown Ridge.  fenced.  nature oft the dispute at hand. children mix quite well.  which is why other towns do not allow dogs in their parks.  not al bad thing for the community.  4    Minutes oft the San Anselmo' Town Council  July 26,2011  Mitzi Dablose, a lifetime San Anselmo resident and mail carrier, hopes a decision will be  reached soon.  Greene returned the matter to Council.  McInerney noted that Red Hill Dog Park is a panacea for some but cannot serve the entire dog- owning community. With regard to Memorial Park, he believes the dog owners are very respectful and remain in the center area. He would support expanding dog hours slightly in the park. Robson Park is a more difficult issue for him as he has not seen any actual evidence of people flocking to the park from out of the area, but also acknowledges that it is a small park Thornton sees a need to take the parks back for children and families and believes dogs should be on leash in the parks. Offleash dogs should use Red Hill Dog Park or Sorich Park. Coleman believes dogs should be on leash, believes dog parks need to be made more attractive, Greene generally agrees with McInerney, adding that anonymous complaints have no credibility. He sees enforcement as a peer group responsibility and does not believe residents are in support of paying police pensions for enforcement of dog waste management rules. Greene concluded that the current situation is not perfect, but seems to be working fairly well. As Council appears to be split on the subject ofl leash laws, he does not believe direction to staff can be provided at Epstein suggested splitting the two locations, Memorial Park and Robson Park, observing that although Councilmember Kroot had to reçuse himself from discussion of Robson Park, he does McInerney stated that if discussion of dog use in the two parks was split, a decision to ban off leash use at Memorial Park would drive his decision with regard to Robson Park. Coleman noted that every single jurisdiction noted in Attachment 1 of the staff report requires dogs to be walked on leash and allows off leash dogs in dog parks only. Thornton offered that bringing the discussion back to Council as a split agenda item is a Staff was instructed to return the matter to Council as a split agenda item in September or 3. APPROVE RESOLUTION CALLING FOR AN ELECTION ASKINGTHE VOTERS OF SAN ANSELMO TO APPROVE A 4-YEAR GENERAL SALES TAX OF% (PERCENTAGE TO BE DISCUSSESD AND DECIDED AT MEETING) AND REQUESTING THAT THE BOARD OF SUPERVISORS CONSOLIDATE THE ELECTION WITH THE ESTABLISHED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011 AND REQUEST THE COUNTY ELECTIONS DEPARTMENT  surrounded by homes and lacks fencing.  and does not support off1 leash dogs at Robson.  this time.  not need to do sO with regard tol Memorial Park.  reasonable approach. October.  TOCONDUCTTHE ELECTION ONT THE TOWN'S BEHALF  5    Minutes of the San Anselmo Town Council  July 26,2011  Stutsman presented the staffreport.  Greene opened the discussion for public comment.  Chamber of Commerce President Connie Rodgers announced that there is an overwhelming lack of support for a sales tax among the business community members. She added that Councilmember Mclnerney's report on the top 25 sales tax generators in San Anselmo dispels the myth that sales tax is largely collected from visitors to San Anselmo buying expensive items, as there were no antique stores in the top 25. Rodgers contends that grocery and drugstores, Seawood Photo, Sunnyside Nursery, and many San Anselmo restaurants drive the local sales tax generation, proving that San Anselmo residents are paying the bulk John Wright, Trustee on Tamalpais High School District Board and San Anselmo resident, is concerned about the possibility of competing measures on the San Anselmo ballot, stating that the District's tax is critical and represents 18% of the budget. As a resident, Wright believes it is better to present a targeted parcel tax, SO that residents know exactly how the Parks and Recreation Commission Chair and San Rafael business owner Doug Kelly stated that a sales tax increase affects his business considerably and would affect local residents. He Drew McEachern, San Anselmo Avenue, noted that many local businesses are still struggling from the effects of the most recent flood. He added that San Anselmo would suffer the stigma oft becoming ai ten percent sales tax town ifthe proposed measure were passed. Greg Barnes, Mountain View Avenue, wonders if this is the time to institute a tax with the Matt Brasler, Agatha Court, noted that although he does not believe there is support for a tax, he would not change his buying behavior if a tax were imposed. He believes it should be %  oft the sales taxes.  funds would be allocated.  would rather see a targeted tax ifthe matter must be pursued.  fragile economy.  rather than 1%.  Heidi Krahling, San Rafael, is concerned about a 10% sales tax. Believes 1% is a lot. Believes it would be better chance ifi it were %. Does not believe an earmark tax would Mark Krahling, San Rafael, asked if the measure could identify what the funds would be Greene responded that the Town would not be able to make any promises with regard to allocation without running afoul of the strictures of Article 13D of the California  pass. spent on.  Constitution known as Proposition 218.  6    Minutes oft the San Anselmo Town Council  July 26,2011  Heidi Krahling stated that ifat tax must be imposed, a %% would bej preferable to a 1%1 tax. Denise Young, San Anselmo, does not believe it is a good idea to impose a sales tax at the Helie Robertson, Austin Avenue, calculated that she paid very little sales tax and that a 1% change did not amount to much. She observed that not many big ticket items are sold in San Anselmo. Robertson concluded that the Town could use funding for roads and other physical improvements and believes these improvements would bring more business to the Carla Overberger, San Anselmo, is opposed to the tax, as it is being proposed at the same As there was no further public comment, the discussion was returned to Council.  same time that utilities and other services have risen.  community.  time as: rates in utilities and services are increasing.  Coleman would like to honor the request of the Tam School Board and not compete" with or in any way jeopardize the measure they are seeking. She would like to see the sales tax effort Thornton stated that she has been listening to residents talking about the Town's needs in terms of infrastructure including road repair and maintenance, drainage upgrading, park She has looked into the sales tax issue recently and observed that the main areas of expenditure for those living frugally are rent or mortgage payments and groceries, which are With regard to a general tax VS. a special purpose tax, the former can only be plaçed on the ballot in the years in which Town Council elections are held, or every two years. Ifa sales tax measure is not placed on the ballot in November, it cannot be brought up again for two Thornton reminded all that Council can establish policies with regard to spending general fund monies, pointing to the Road Maintenance Fund as an example. While the allocation may not be designated in the tax, it could be designated as a matter ofbudget policy. At the current rate of funding for capital construction, San Anselmo will be left behind in terms of the current conditions of the Town's roads at the end of the capital construction program which currently anticipates expenditure of approximately 3.2 million over the next When a road reaches a critical level of deterioration, it can cost up to four or five times as much to repair as it would have cost had the road been repaired sooner. The longer the wait  put aside for now.  beautification, etc.  not sales tax events.  years. A special purpose tax requires a 2/3 majority vote toj pass.  fivey years.  to1 repair the roads, thei morei it is going to cost.  7    Minutes oft the San Anselmo Town Council  July 26, 2011  Because San Anselmo does not have stores that sell appliances, lumber, computers and other big ticket items, residents spend those dollars in other jurisdictions such as San Rafael and Novato. Both cities charge 8%% sales tax where as San Anselmo charges 8%. When San Anselmo residents make those purchases, they are paying tol help San Rafael and Novato take If San Anselmo had a local sales tax, the sales tax paid to a San Rafael car dealership by a San Anselmo resident purchasing a car would return to San Anselmo. In the absence of a Customers at our San Anselmo sales tax generating businesses come from many other jurisdictions and contribute to our sales tax revenue. For this reason, a local sales tax is less burdensome to San Anselmo residents than a parcel tax, which cannot be shared among San Anselmo has balanced the budget over the past several years with lay-offs, reductions in staff benefits, keeping salaries at their current levels over three or four years, and deferring Thornton asks how the Town can meet the needs of the infrastructure in a way that is the least burdensome to residents, noting that both Fairfax and Larkspur are seeking a local sales Ins summary, Thornton suggests that if a sales tax is going to be pursued, it should be 1/2% over four years; that time period would allow residents to see the benefits oft those dollars. Kroot observed that San Anselmo Town Councils past and present have done everything possible to keep costs contained and' yet the Town is looking at an approximate budget There are tremendous needs in the community. Measure G funds acquired several years ago only allowed funding to pave half of the Town's streets. Kroot believes a sales tax is a relatively painless way for the community to address these pressing needs. A special tax is While he supports a sales tax, Kroot does not believe it should be sought at this time. The Council is divided on the issue. He respects the Tam board's efforts to pass a tax and does not want to undermine that organization's efforts. Further, Kroot is uncomfortable with the McInerney does not support a general sales tax which goes to the general fund with no strings. He appreciates the fact that Council can set policy but notes that the Council membership will be changing. Further, the sales tax targets the Town's! business community. McInerney would prefer a directed tax measure that informs residents of precisely how the funds would be spent. He would also consider a general tax with clear expenditure goals that could not be altered later, but does not know if there is a way to accomplish the passage of  care oftheir cities with that %%.  local sales tax in San Anselmo, those dollars remain in San Rafael.  residents from other communities.  maintenance to the Town's infrastructure.  tax to address their needs.  shortfall of$250,000 currently.  the equivalent ofa parcel tax and is very difficult to pass.  level of divisiveness he sees around the issue ofa a sales tax.  such a general tax.  8    Minutes oft the San Anselmo Town Council  July 26,2011  The discussion has been around what kind of tax to seek rather than what the funds would be spent on. A: sales tax is the most regressive tax possible and affects lower and middle income residents the most. The largest tax revenues come from Andronico's, Safeway, and CVS and McInerney asked for consideration of whether or not there is a more progressive way of generating income and would like to see this matter brought back for a strategy discussion next year. He does not want to undermine the Tam vote, which is critical for funding the Greene has observed both the efforts the Town has made to reduce spending and the struggles to secure adequate funding for operational costs. As a result, he concluded at the last meeting that he would support a sales tax. He has now reconsidered and is opposed. The election is al little more than. three months away and there is not enough time toj prepare a strategy, and devise and execute a plan for a successful campaign. The measure would likely fail and its failure may undermine future efforts directed at a similar measure. In light of the fact that 78% of the budget is directed to salaries, pensions, and medical expenses, it would be difficult to make a credible promise that funds would not go to those The main concern is the condition of the roads. If residents are determined to remedy this situation, they will make an effort and support a directed tax. Even though a 2/3 vote is Wright's comments are legitimate and the Tam tax should not be jeopardized by a sales tax Finally, Greene noted that he would not like to see San Anselmo become a 10% town. Thornton stated that she will be voting for the measure while acknowledging that the Council is not united in supporting it. She believes her responsibility as a Councilmember who has studied the Town's financial situation requires her to make an affirmative vote and would Thornton offered a motion to approve the resolution calling for an election and ordering the submission of an ordinance imposing a transaction/sales and use tax to the voters of San There was no seconding of the motion and the measure failed. No further action is required. 4. REVIEW PLANS FOR SHARING OF SERVICES BETWEEN THE SAN ANSELMO POLICE DEPARTMENT AND TWIN CITIES POLICE AUTHORITY  are generated when these residents purchase taxable items in those stores.  schools.  expenditures.  daunting, it can be achieved.  effort that has little chance of passage.  like to communicate the need for the measure through her vote.  Anselmo and that the sales and use tax be %%.  Maynard presented the staff report.  9    Minutes oft the San Anselmo Town Council  July 26,2011  Per Council's direction, the Police Department has sought ways to partner with other communities in order to become more'efficient and more effective. Maynard described some of the measures that have been taken with the Twin Cities Police Department, including temporarily sharing dispatch center facilities, cross-training personnel, assignment of a captain to act as manager of the Communications and Records Units for both organizations, assignment of a captain as project consultant on the new Twin Cities Dispatch Center, and sharing administrative personnel. As a result of these measures, costs have been reduced in For the meeting of August 9, the Police Department is asking Council to give consideration to combining the San Anselmo Police Department's and the Twin Cities' Support Services The two jurisdictions would be sharing the cost of the division commander and ofa dispatch Additionally, the Police Department suggests relocating the San Anselmo dispatch center to Twin Cities in March of 2012, relocate the San Anselmo case evidence to the Twin Cities facility, combine investigation units, and combine Level 1 reserve officers with Twin Cities. Maynard explained that Level 1 reserve officers work hourly on aj part-time basis and accrue Discussion ensued regarding (1) the possibility ofs scheduling a joint meeting among the three town and city councils involved; (2) the current financial situations in Corte Madera and Larkspur respectively; (3) what specific operations are included in the Shared Services Division; (4) the planned hours of operation for San Anselmo's front counter; (5) the potential for further sharing of services in the future; (6) the triangulation of 911 calls as it relates to identifying the location of incidents; (7) the timing of the proposed changes; (8) whether or not San Anselmo residents will see any changes in their police services; (9). the nature of most calls to the San Anselmo Police Department after 5 p.m. and how calls made directly to the Police Department as opposed to 911 are handled; (10) the proposed disposition of San Anselmo's communication equipment; (11) the equitability of benefit with regard to sharing aj police captain among jurisdictions of differing sizes; (12) the allocation of monies discussed in Item 4; and (13) the scope of the indemnity portion of the proposed  many areas.  Divisions. supervisor.  no benefits.  agreement.  Greene opened the discussion to the public.  Doug Kelly, San Anselmo, stated that shared services among police departments does work well and a benefit to San Anselmo residents will be the resulting closer relationship with Guy Meyer, former San Anselmo resident, hopes there is some reflection on the need for communities to assert their independence, particularly in the realm ofpolice services. As there was no further public comment, Greene returned discussion to Council.  adjoining communities.  10    Minutes oft the San Anselmo Town Council  July 26,2011  Epstein suggested appointing an emissary to discuss the issue with members of the Corte  Madera and Larkspur councils.  Coleman and Greene volunteered to act as emissaries.  5. PUBLIC HEARING AND APPROVAL OF THE 2011-12 PRELIMINARY BUDGET Stutsman provided an update on the preliminary proposed budget and requested Council Discussion ensued with regard to (1) clarification of an anticipated 2% increase in secured property tax revenues; (2) changes to the general fund expenditures resulting from reallocation of staff in the Public Works and Planning Departments; and (3) a change from the term "consolidating" to "sharing" services on Page 42 with respect to the Police Greene opened the discussion to the public; as there was no public comment and no further  AND WORK PLAN  grant preliminary approval ofthe status quo budget.  Department.  comment from Council, the matter was closed.  ADJOURN  Greene adjourned the meeting at 11:23 p.m. in the memory of Charles Hugh Clifford, David  Potts, and Elliot Ward. Respectfully submitted, Nancy Harris  11