TOWN OF SAN ANSELMO Minutes of the' Town Council Meeting of. June 14, 2011  Present: Coleman, Greene, Kroot, McInerney, Thornton CALLTO ORDER AND PLEDGE OF ALLEGIANCE Mayor Greene called the meeting to order at 7:15 p.m.  ANNOUNCE ACTION TAKEN.IFANY.ING CLOSED SESSION Greene announced there was no reportable action during closed session.  PRESENT QUALITY OF LIFE AWARD TO BARBARA DWYER FOR REGULARLY HELPING WITH BOOK SALES AND DELIVERING BOOKS TO SAN ANSELMO Quality ofLife Commission Chair Woody Weingarten presented the award to Barbara Dwyer.  RESIDENTS WHO ARE UMABLETOIFAVETIEIR RESIDENCES.  OPENTIME FOR PUBLIC EXPRESSION Greene opened the public hearing.  Arnie Scher, Durham Road, reported that he has been advised by AT&T that the reason for his poor cell phone reception is the reluctance oft the Town to approve new cell tower installations. Councilmember Kroot responded that the Town has an ordinance in place that allows companies  such as AT&T to apply for permitting ofi new cell towers. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS  Councilmember McInerney inquired about signage at the hub advertising the Ross summer Community Services Director Dave Donery Donery advised that as Ross Recreation is a Ross Valley 501(c)(3) non-profit organization not associated with the Town of Ross, the organization is currently approved to advertise in that space. Donery advised that he. will be taking a closer look at the approved classifications for signage at the hub and for banner signs over Sir Francis 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  camp.  Drake.  ACTION  (a) Approve minutes ofl May 24, 2011.  ITEM 1(a)    Minutes oft the San Anselmo Town Council  June 14,2011  (b) Acknowledge and file warrant numbers 68996 to 69193 issued during the month of May, (c). Approve the Revenue and Expenditure Report for the period ending May 31, 2011. (d) Approve Recreation Revenue and Expenditure report for the period ending May, 2011. (e) Approve Emergency Projects Fund (flood related) Revenue and Expenditure report for the (f) Approve Resolution No. 3951 authorizing the mayor to execute, on behalf of the Town, a three-year Community Development Block Grant Cooperation Agreement with the County (g) Approve Resolution No. 3952 confirming the extension of the Abandoned Vehicle (h) Approve Resolution No. 3953 establishing the 2011-12 tax amounts for the Municipal Services tax, Resolution No. 3954 for the Pension Override Tax, Resolution No. 3955 for the special Library Services Tax, Resolution No. 3956 for the Measure G General Obligation 0) Approve downtown event application for the Library Summer Reading Program, for three (k) Approve downtown event application for first annual Ross Valley Soccer parade scheduled (I) Approve downtown event application for Picnics on the Plaza scheduled for Fridays, July Greene opened the public hearing. As there was. no comment, Greene closed the public hearing Kroot removed Item 1(a), Councilmember McInerney removed Item 1(i), and Town Manager Regarding Item 1(a), Kroot advised that Nancy Oswald's name was misspelled on Pages 1 and 5. M/s, Kroot/Thornton, to approve Items 1(a) through 1(g), and Items 1G) through 1(1) of the Consent Agenda. AYES: Coleman, Greene, Kroot, McInerney, Thornton. NOES: None. Regarding Item 1(i), Finance and Administrative Services Director Daria Carrillo explained that in response to a correction noted by the Town auditors, a resolution reflecting the revised figure. M/s, Thomton/Coleman, to approve Items 1(h) and 1(i) of the Consent Agenda. AYES:  2011, in the amount of$1,157,460.61.  period ending May 31,2011.  ofMarin.  Abatement Program (AVAP) until April 2022.  Debt Service Series 2003-2011. events on July 9, 15 and August 19.  (i) Approve Resolution No. 3957 revising the 2010-11 appropriations limit.  for Sunday August 28, 2011 from 9 a.m. to 10 a.m. 22d through August 26th, 2011 from 5 p.m. to 8 p.m.  and returned the discussion to Council.  Stutsman removed Item 1(h) from the Consent Agenda.  is being brought to the Council for approval.  Coleman, Greene, Kroot, McInerney, Thornton. NOES: None.  2. REPORT FROM POLICE CHIEF ON EFFORTS UNDERWAY TO SHARE SERVICES WITHTHE TWIN CITIES POLICE DEPARTMENT (ORAL REPORT) Police ChiefCharles Maynard presented the staff report and introduced Twin Cities Police Chief  Todd Cusimano.  2    Minutes oft the San Anselmo Town Council  June 14, 2011  Sharing a police captain with the Twin Cities department force presents an immediate opportunity to save over $50,000 annually. Over $113,000 annually of additional savings can be achieved through the sharing of a dispatch center between Twin Cities and San Anselmo. Additionally, sharing personnel with Twin Cities. could save over $164,000 in personnel costs Cusimano thanked the Town for its generosity in housing the Twin Cities dispatch center during In response to questions from Coleman, McInerney, and Kroot, Maynard explained how sharing services with the Twin Cities department, a Joint Powers Authority, could provide both further  over the next year.  completion oft the jurisdiction's new facilities.  reductions in costs to the Town and improved services.  Greene opened the public hearing.  Arnie Scher, Durham Road, supports the consolidation.  Guy Meyer, long time former San Anselmo resident, is not pleased with this endeavor and believes the independent community identity achieved through the current arrangement is Matt Brasler, Agatha Court, asked how sharing staffing services affects compensation of staff Maynard responded that no benefits would result from the part-time employment of San As there was no further comment, Greene closed the public hearing and returned the discussion All Councilmembers support the consolidation of the two jurisdictions and look forward to receiving future reports. Coleman observed that staff efforts are key to the success of the consolidation. Kroot observed that the consolidation is a creative solution to budget issues. Council thanked Corte Madera and Larkspur for their efforts and contributions in this endeavor. 3. RECEIVE REPORT ON GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB)54, WHICH ESTABLISHES FUND BALANCE CLASSIFICATIONS BASED ON THE EXTENT TO WHICH THE GOVERNMENT IS BOUND TO HONOR CONSTRAINTS RESTRICTIONS OR LIMITATIONS) IMPOSED UPON THE USE Finance and Administrative Services Director Daria Carrillo presented the staff report. A formal fund balance policy needs tol be adopted and an increase of20% is recommended. Staff will prepare a draft resolution for review and approval at the next Town Council meeting. Carrillo advised that no fiscal impact will result and the total fund balance will remain the  essential  with regard to employment benefits.  Anselmo personnel at the Twin Cities facility.  to Council.  Green appreciates the cooperative spirit oft the two jurisdictions.  OFTHE RESOUCES REPORTEDI IN GOVERNMENTAL FUNDS  same.  3    Minutes of the San Anselmo Town Council  June 14,2011  Councilmember Coleman asked for clarification of the assigned fund balance and asked ift the Carrillo clarified the assigned fund balance and advised that the only revision would be that of Greene opened the public hearing; as there was no comment, discussion was returned to  General Fund would be revised.  instituting a formal policy as required by GASB 54.  Council.  All Councilmembers agreed that Carillo should return with ai resolution.  4. INTRODUCTION AND FIRST READING OF AN ORDINANCE ADDING NEW CHAPTER 11.16 TO TITLE 2 OF THE SAN ANSELMO MUNICIPAL CODE ENANCTING DISCLOSURE AND REPORTING REGULATIONS FOR  INDEPENDENT EXPENDITURES INTOWN. Town Attorney Rob Epstein presented the staffreport.  Discussion ensued with regard to whether or not San Anselmo residents should be permitted to act as panel members, criminal misdemeanor penalties, implications of guilt of misdemeanor, prima facie evidence, the role of the Town Clerk, enforcement VS. disclosure as a focus oft the ordinance, clarification of Definitions F ("elective town office") and G ("elective town officer") on Page 2 oft the proposed ordinance, and the dollar amounts of penalties as addressed in Section  11.16.060.  Epstein confirmed that the proposed ordinance applies to Town measures only.  Greene opened the public hearing.  Elisa Giambastiani, Chair of the League of Women Voters Campaign Reform Committee introduced fellow board member and San Anselmo resident Donna Bjorn. Giambastiani believes the ordinance is focused on transparency and not on enforcement. She urged Council to move forward with the adoption of the ordinance, noting that a similar ordinance has proven successful As there was no further. public comment, Greene closed the public hearing and returned McInerney would be satisfied with specifying that panel members do not have either a current or a prior business relationship or close personal relationship with the candidate as opposed to incorporating the Code ofJudicial Ethics. Further, he has no objection to including San Anselmo McInerney proposed revising the dollar amount in Section 11.16.030 Item E No. 3 to $100. He would also like to see the previously deleted language (the second WHEREAS statement included in the margin of Page 1 of Attachment 1 of the staffr report) reinstated. Unlike Greene, McInerney is not concerned with the inclusion of the language regarding violation of a  at the county level. discussion to Council.  residents on the panel.  4    Minutes oft the San Anselmo Town Council  June 14,2011  misdemeanor (Section 11.16.060 Item A) as he believes this is standard language. McInerney Kroot supports the ordinance and would support either $100 or $1,000 for Item E No. 3 under Section 11.16.030. He further suggested changing the language of Item C of the same section to Councilmember Thornton supports the ordinance, and supports revising the dollar amount of Item E No. 3 to $100. She further supports the inclusion of Canon 6(d) of the Code of Judicial Coleman agrees with Giambastiani that the significant issue is transparency and she supports the Greene supports the intent and objective of the ordinance but believes the methodology of the ordinance is flawed and does not support the ordinance. Greene further believes the enforcement mechanism of the ordinance makes it unconstitutional. He concluded by noting that he would support the ordinance with the deletion oft the first sentence. ofParagraph A under 11.16.060. Epstein respectfully disagrees that the ordinance as drafted is unconstitutional. McInerney is comfortable going forward with the ordinance on advice ofc counsel.  concluded by stating that he believes it isi important toj pass the ordinance.  "Town Clerk or designee oft the Town Manager."  Ethics in the ordinance. ordinance.  Epstein confirmed edits tol be made to the proposed ordinance.  M/s, Mclnerney/Krot, to introduce the ordinance including the incorporations outlined by the Town Attorney and to waive the reading of the ordinance. AYES: Coleman, Kroot, McInerney, Epstein read the ordinance by title only and advised that it will appear on the consent agenda for 5. RECEIVE THE REPORT ON ALTERNATIVE MEASURES FOR REVENUE  Thornton NOES: Greene approval at the next meeting.  ENHANCEMENT AND PROVIDE DIRECTIONTOSTAFF: Town Manager Debra Stutsman presented the staff report.  As there were no questions from Council, Greene opened the public hearing.  Kris Kelson, Chamber of Commerce board member observed that the possibility of incurring additional sales tax concerns the Town's merchants and urges Council to find ways of cutting Matt Brasler, Agatha Court, cautions Council in considering the institution of new taxes without  costs rather than raising taxes.  making employment and pension issues part ofthe plan.  5    Minutes of the San Anselmo' Town Council  June 14,2011  Marcus Hartley, San Anselmo Police Officers Association, is encouraged by his department's exploration of shared services and believes concessions need to be asked of all Town employees, Erin Bergman, San Anselmo, believes it is impractical to continue to pass taxes in order to Carla Overberger, Nokomis Avenue, advises Council to ask employees to commit some oft their resources to their retirement benefits and does not believe ai tax measure would pass. As there was no further comment, Greene closed the public hearing and returned discussion to Kroot advised that the measures suggested by Overberger are already being pursued and noted that something needs to be done to maintain the current level of services. He supports the extra Thornton advised that steps have been taken over the past several years including layoffs and the institution of a two-tier pension plan. She is concerned about the lack of funding for infrastructure that has resulted in the poor condition of Town streets and deferred maintenance McInerney does not support moving ahead at this time with any of the suggested taxes. He can support measures when they are specifically targeted, but not when they are directed at spiraling employee costs. McInerney suggest the Town become more creative with staffing and consider Coleman believes rallying support for a tax would be difficult, noting that besides pensions and salaries, there are also issues around the state's budget, the needs of the merchants, and Greene supports creative approaches to decreasing expenses, such as the shared services model Thornton believes Town has been working on addressing high cost items for a considerable Kroot supports the Chamber of Commerce and is a member but believes a sales tax would be supported. He noted that sales tax is collected from many sources other than Town residents and McInerney believes revenues need to be directed to something other than employee healthcare Kroot advised that the problem with a specific tax is the requirement for a 2/3 majority. He observed that a tax would not need to be directed toward pensions or healthcare costs.  as well as the employees ofthel Ross Valley Fire Department, toi insure equity.  support ai model that does not function well.  Council.  half cent sales tax.  on Town buildings. Thornton sees the sales tax as the most viable option.  using the services ofmore contractors.  crumbling infrastructure.  and does not believe a tax measure would pass at this time.  amount of time.  that he does not believe San Rafael's tax deters residents from spending there.  and pension costs.  Thornton advised that she is committed to improving infrastructure.  6    Minutes oft the San Anselmo Town Council  June 14,2011  Discussion ensued regarding the General Fund, Council's influence on General Fund spending, ear marking funds for infrastructure repair, and the potential for securing a 2/3 majority vote on a On the suggestion of Thornton, it was agreed that Councilmembers will spend the next two weeks discussing the issue with constituents and return to take the matter up again at the meeting 6. APPROVE THE PROPOSED FIVE YEAR CAPITAL IMPROVEMENT PLAN AS RECOMMENDED BY THE CAPITAL PROGRAM MONITORING COMMITTEE AND REVIEWED BY THE PLANNING COMMISSION FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE TOWN'S  specific measure.  ofJune 28.  GENERAL PLAN  Public Works Director Sean Condry presented the staffr report.  As there were no questions from Council, Greene opened the public hearing.  Jim Vallas, Brookside Drive, noted that the Pavement Condition Index (PCI) on his street is 2, with 1 being the very worst on a scale of1 to 100. He supports the project, believing home sales Matt Brasler, Agatha Court, noted that coordinating road improvement projects with the utility Judy Vallas, Brookside Drive, believes that consideration should be given to ways of bringing As there were no further comments, Greene closed the public hearing and returned the discussion M/s, Thornton/Kroot to approve the Five Year Capital Improvement Plan. AYES: Coleman, 7. APPROVE RESOLUTION OPPOSINGTHE ROSS VALLEY SANITARY DISTRICT REGARDING PROPOSED RATE INCREASE. AND DIRECTINGSTAPE TOFILEA PROTEST WITH RESPECT TO TOWN PROPERTIES IN ACCORDANCE WITH  in the area tol be negatively affected by the condition of the roads.  companies is crucial.  funds back to the community to support public works projects in Town.  to Council.  Greene, Kroot, McInerney, Thornton. NOES: None  PROPOSITION218.  Town Manager Debra Stutsman presented the staffi report.  McInerney asked ift the resolution had been compared to those of other towns.  Stutsman advised that she modeled the resolution on that ofl Fairfax with minor adjustments.  Greene opened the public hearing.  7    Minutes oft the San Anselmo Town Council  June 14,2011  Nancy Oswald, Idalia Court, supports the resolution, observing that many do not realize the need As there were no further comments, Greene closed the public hearing and returned discussion to Thornton, McInerney, and Greene suggested additions for inclusion to the resolution. M/s, Thomton/Coleman, to approve Resolution No. 3958 as amended opposing the Ross Valley Sanitary District regarding proposed rate increase and direct staffto file a protest with respect to Town properties in accordance with Proposition 218. AYES: Coleman, Greene, Kroot,  to take action against the proposed rate increase.  Council.  McInerney, Thornton NOES: None  ADJOURN  Greene adjourned the meeting at 11:25 p.m.  Respeetfillysubmited, Nancy Harris  S:Town CouncilNTC: Minutes2011Minutesl10614.doc