Town Council
525 San Anselmo Avenue
San Anselmo, CA 94960
Agenda
Town Council Chambers (Via Zoom
during COVID)
SPECIAL TOWN COUNCIL MEETING
Thursday, August 18, 2022 6:00 PM
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1. 6:00 pm Announce adjournment to closed session:
Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2):
(one case)
SPECIAL TOWN COUNCIL MEETING
Call to Order. Optional Pledge of Allegiance: The Mayor or a designated Council member will recite the Pledge of Allegiance for members of the Council and the public who wish to join in the recitation.
1 Town Council Agenda August 18, 2022
Open time for public expression.
The public is welcome to address the Council at this time on matters not on the agenda that are within the jurisdiction of the Council. Please be advised that pursuant to Government Code Section 54954.2, Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than three minutes and should be respectful to the community.
Council Items:
2. San Anselmo Sales Tax Renewal Ballot Question Amendment Staff Report
Sales Tax Measure Resolution
Attachments:
Adjourn
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Staff at email [email protected]. Notification at least 48 hours prior to the meeting will enable the Town to make reasonable accommodation to help insure accessibility to this meeting.
Any writings or documents provided to a majority of the Town Council regarding any item on this agenda after the distribution of the original packet will be made available for public inspection at the public counter at Town Hall located at 525 San Anselmo Avenue.
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. If any of these matters above are challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. Judicial review of an administrative decision of the Town Council must be filed with the Court not later than the 90th day following the date of the Council’s decision (Code of Civil Procedure Section 1094.6) Any item not under discussion before 10:00 p.m. may be continued to the next regular meeting. Next regular meeting is Tuesday, August 23, 2022.
I certify that this agenda was posted on the Public Notice Bulletin Board on or before Thursday, August 17, 2022.
____________________________
Carla Kacmar, Town Clerk
2 Town of San Anselmo
Staff Report
525 San Anselmo Avenue
San Anselmo, CA 94960
TO: Town Council 8/18/2022 Item #: 2.
FROM:
David P. Donery, Town Manager and Jeff Zuba, Finance & Administrative Services Director SUBJECT:
San Anselmo Sales Tax Renewal Ballot Question Amendment
RECOMMENDATION
That the Council adopt the attached resolution amending the ballot question contained in Section 3 of Resolution No. 4446 to ensure that the language clearly states that the measure would increase the existing tax rate of ½¢ to a new rate of 1¢.
BACKGROUND
At its meeting of July 26, 2022, the Town Council adopted Resolution No. 4446, which placed a transactions and use tax measure on the November 8, 2022 ballot. Section 3 of the resolution contained the following ballot question:
To maintain and enhance general Town of San Anselmo services and facilities such as repairing potholes, repaving roads, improving drought resilience, maintaining 9-1-1 emergency firefighter and paramedic response times, and improving fire protection, shall the Town of San Anselmo ordinance be adopted extending the existing voter-approved sales tax at a 1¢ rate, providing $2,400,000 annually for general government use for nine years, requiring independent citizen oversight, annual audits and all funds staying in San Anselmo under local control?
Following submission of Resolution No. 4446 to the Marin County Elections Department, CO$T recommended that the ballot language be revised to clarify that the measure would increase the current rate of .5¢ to a new rate of 1¢. To address this concern, the Town’s consultant developed the following amended ballot question:
To maintain and enhance general Town of San Anselmo services and facilities such as repairing potholes, repaving roads, improving drought resilience, maintaining 9-1-1 emergency firefighter and paramedic response times, and improving fire protection, shall the Town of San Anselmo ordinance be adopted extending the existing voter-approved ½¢ sales tax for nine years and increasing the rate to 1¢, providing $2,400,000 annually for general government use, requiring independent citizen oversight, annual audits and all funds staying in San Anselmo under local control? Under state law, the ballot question must be 75 words or less. The proposed revised ballot language, which is contained in the attached resolution, is exactly 75 words (Town of San Anselmo counts as one word). If the Council adopts the attached resolution, the County Elections Department has assured staff that the amended Town of San Anselmo Page 1 of 2 Printed on 8/18/2022
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TO: Town Council 8/18/2022 Item #: 2.
question can be included in Resolution No. 4446 and printed in the ballot.
FISCAL IMPACT
A minimal revision to the ballot question to clarify the existing tax rate does not change the fiscal impact associated with adoption of Resolution No. 4446.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The Council’s adoption of the attached resolution is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
CONCLUSION
Staff respectfully requests that the Council adopt the attached resolution amending the ballot question contained in Section 3 of Resolution No. 4446.
Town of San Anselmo Page 2 of 2 Printed on 8/18/2022
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RESOLUTION NO. ______
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO AMENDING THE BALLOT QUESTION CONTAINED IN RESOLUTON NO. 4446
WHEREAS, at its meeting of July 26, 2022, the Town of San Anselmo adopted Resolution No. 4446 to place a transactions and use tax measure on the November 8, 2022 ballot; and WHEREAS, the Town Council desires to amend the ballot question contained in Resolution No. 4446 to ensure that the language clearly states that the measure would increase the existing tax rate of ½¢ to a new rate of 1¢.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
The ballot question contained in Section 3 of Resolution No. 4446, is hereby replaced with the following amended language:
That the Town Council, pursuant to its rights and authority, does order submitted to the voters at the election the following question:
To maintain and enhance general Town of San Anselmo services and facilities such as repairing potholes, repaving roads, improving drought resilience, maintaining 9-1-1 emergency firefighter and paramedic response times, and improving fire protection, shall the Town of San Anselmo ordinance be adopted extending the existing voter-approved ½¢ sales tax for nine years and increasing the rate to 1¢, providing $2,400,000 annually for general government use, requiring independent citizen oversight, annual audits and all funds staying in San Anselmo under local control?
Yes
No
All other provisions of Resolution No. 4446, including Exhibit A to the resolution, shall remain unchanged.
I, the undersigned hereby certify that the foregoing is a full, true, and complete copy of a resolution duly passed and adopted by the Town of San Anselmo Town Council at a special meeting thereof held on the 18th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved: _______________________
Mayor
ATTEST: ____________________________
Town Clerk
Item 2 - Attachment 1 Item 2 - Attachment 1
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