November 5, 2019 - Measure M

TOWN ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE M

The San Anselmo Town Council has asked the voters to decide whether to enact an Ordinance authorizing a tax on all developed property within the Town of San Anselmo to fund restoration and maintenance of Memorial Park (“Park Tax”).

The proposed Park Tax would raise approximately $500,000 annually for 30 years. The tax rate would be $98 annually for each residential unit. The rate for a nonresidential unit would be $98 annually per 1,500 square feet of structure; however, the tax derived from a nonresidential structure that is 75% or more occupied by a single enterprise or institution would not exceed $1,000. The tax would be collected by Marin County at the same time the County collects other Town taxes.

The proposed Ordinance includes a senior discount of $49 for anyone who submits an application demonstrating that she or he is 65 years old and is the owner of a residential unit that serves as her or his principal residence. Public property and common areas are exempted from the tax.

The Park Tax proceeds would be used for restoring Memorial Park in accordance with the Memorial Park Master Plan adopted by the Town Council on February 27, 2018. Park Tax proceeds would also be used to fund continued maintenance of Memorial Park facilities. The proposed Ordinance requires the Town’s Finance and Administrative Services Director to prepare and submit to the Town Council an annual report evaluating the collection and expenditure of the Park Tax revenues.

Because the revenue from the Park Tax would be legally restricted to certain purposes, specifically the restoration and maintenance of Memorial Park, it is classified as a “special tax,” not a “general tax.” All revenue from the tax would be placed into a special account and restricted to the uses authorized in the proposed Ordinance.

A “Yes” vote is a vote in favor of the Park Tax. A “No” vote is a vote against the Park Tax. This measure will be approved if it receives a two-thirds majority of “Yes” votes.

s/MEGAN HOLT ACEVEDO
San Anselmo Town Attorney

ARGUMENT IN FAVOR OF MEASURE M

San Anselmo’s Memorial Park is almost 100 years old. Its playing fields, facilities and infrastructure are worn out. Measure M will repair and upgrade Memorial Park and fund maintenance of the park so it can safely serve our community for decades to come.

Specifically Measure M will repair drainage, irrigation and electrical systems, improve and expand bathroom facilities, improve access for seniors and those with disabilities and provide new picnic areas, benches, and shade trees.

The children’s playground equipment will be restored to meet current health and safety standards. Youth sports fields will be repaired and upgraded to reduce flooding in winter and water usage in summer.

Measure M resulted from a multi-year planning process with broad community participation and is supported by all segments of the San Anselmo community including local businesses, school leaders, seniors and the Coalition of Sensible Taxpayers.

The measure includes a 50% discount available to all seniors. The park renovations will be senior-inclusive.

The cost of Measure M is modest, about $8 a month for most households and businesses and $4 a month for seniors.

All the money raised by this measure will be spent locally to repair and improve Memorial Park. It can’t be taken away by the State or be used for other purposes.

Please vote YES on Measure M.

s/ JOHN WRIGHT
San Anselmo Councilmember

s/ KAY COLEMAN
Former San Anselmo Councilmember

s/ ROD KERR
Chair, San Anselmo Parks and Recreation Commission

s/ SUELLEN LAMORTE
Member, San Anselmo Age-Friendly Task Force

s/ MIMI WILLARD
President, Coalition of Sensible Taxpayers

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE M

The arguments in favor of Measure M are misleading. The $8,700,000+ cost of Measure M is NOT “modest.” Local homeowners will pay $2,940 over 30 years, owners of commercial and multi-unit properties significantly more. Additional parcel taxes will appear on the spring 2020 ballot.

Measure M is NOT “specific.” The Master Plan contains NO specific construction information and NO grading, drainage, irrigation or fencing details.

Millennium Playground will NOT be “restored.” It will be completely destroyed, relocated and replaced by a generic metal and plastic playground. The youth sports fields will NOT be “repaired,” they will be completely torn up (and unavailable during the project.) This is overkill.

Measure M is NOT “supported by all segments of the San Anselmo community.” There is widespread opposition to Measure M, both for its cost and the destruction of Millennium Playground. Millennium Playground was built by volunteers, exemplifying what volunteerism can do for our community and for our children.

For a fraction of Measure M’s cost, all the needed work – drainage, irrigation, new sod and miscellaneous repairs – can be financed out of the Town’s budget. The Town Manager recently told the Marin IJ that $1,000,000 is already set aside for this project. This amount can be a substantial start of the park’s repairs.

Let’s repair Memorial Park and not replace it. Let’s be more respectful of our park, our community and our budgets.

Please Vote NO on Measure M.

s/ROHANA McLAUGHLIN

s/JOANNE GINI

s/TINA KROOT

s/STEPHEN BICKNELL

s/LYNN BICKNELL

ARGUMENT AGAINST MEASURE M

SAVE Memorial Park and Millennium Playground: Vote NO on measure M

Memorial Park is San Anselmo’s signature recreation facility and Millennium Playground is its most beloved feature. In 2000 a group of local families proposed building a playground in the park. They raised money, hired the designer and built Millennium Playground with donated materials and their own hands and hearts. Children’s ideas were incorporated into the playground. It is a work of art we are all proud of.

In 2015 the Town proposed digging up Memorial Park and replacing it with a detention basin. Part of the proposal was to demolish Millennium Playground and replace it with a generic metal and plastic playground. San Anselmo voters overwhelmingly rejected the detention basin.

After this debacle the Town conducted an “outreach program” about redesigning the park. As with the detention basin, sincere questions and comments from the community were ignored. Again, Millennium Playground was to be demolished.

Memorial Park has always been supported by the citizens of San Anselmo through volunteer work, fund raising and community commitment. Generations of baseball players and their fans have made good use of the three ballfields and stands. Demolishing most of the park simply to replace everything, paid for with an $8,000,000+ 30-year parcel tax, is to ignore decades of volunteer efforts binding our community.

We just need to restore and maintain the wonderful park we already have. Memorial Park needs new irrigation, drainage and sod. Millennium Playground should be brought up to current standards. This can be done for a fraction of the cost and paid for out of the Town’s budget. The park is a legacy of earlier generations and should be our gift to future generations. Let’s work together to make this happen.

Vote NO on Measure M. Let’s preserve the jewel we have.

s/ELLEN CALDWELL

s/ ROSEANN DAL BELLO
Landscape Architect

s/ JENNIFER ASSELSTINE
Architect/Architecture Educator

s/ PAUL CHIGNELL
Former Mayor

s/ JEFF KROOT
Former Mayor

REBUTTAL TO ARGUMENT AGAINST MEASURE M

The opponents of Measure M agree that Memorial Park must be repaired and renovated. But they are wrong to state that Memorial Park, including Millennium Playground, will be demolished.

It is also untrue to say the renovations can be done at a fraction of the cost, paid for with existing Town resources, or performed by volunteers.

Here is the truth.

Millennium Playground will simply be upgraded for safety and accessibility (required by law). The playground is two decades old, is falling apart, and needs extensive repairs and renovation. The location and features of the playground will be preserved.

There are no other sources of money for the extensive work needed to upgrade the playground and to restore the Park’s drainage, irrigation, restrooms, paths and other infrastructure. This work must be done to meet current safety and accessibility standards. Volunteer work parties are not able to perform these substantial renovations needed for the entire park, not just the playground.

The Park has never been fully renovated in its nearly 100-year history. Not doing this work now will only make it much more expensive later, taking funds from street repairs and other Town needs.

Measure M will fund ongoing Park maintenance so the Park can continue to serve the whole community for decades to come. Measure M will greatly improve the ability of seniors to access and enjoy the Park.

The cost of Measure M is modest, about $8 a month for most households and $4 a month for seniors.

Please restore Memorial Park by voting YES on Measure M.

s/ PETER BREEN
Former Mayor

s/ KAY COLEMAN
Former Mayor

s/ TOM McINERNEY
Former Mayor

s/ BARBARA THORNTON
Former Mayor

s/ JOHN WRIGHT
Former Mayor and Current Councilmember

FULL TEXT OF MEASURE M

ORDINANCE NO. _____
AN ORDINANCE OF THE TOWN OF SAN ANSELMO ADDING CHAPTER 9 TO TITLE 8 OF THE SAN ANSELMO MUNICIPAL CODE TO ESTABLISH A SPECIAL TAX TO FUND RESTORATION AND ONGOING MAINTENANCE OF MEMORIAL PARK SUBJECT TO THE APPROVAL OF THE VOTERS

THE PEOPLE OF THE TOWN OF SAN ANSELMO DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1.

Chapter 9 of Title 8 of the San Anselmo Municipal Code is hereby added to read as follows:

8-9.01 Title.

This chapter shall be known as the “Memorial Park Restoration and Safety Fund.”

8-9.02 Findings.

The Town Council finds that parks are an integral and valuable part of the community and that residents benefit from the availability of park facilities. The General Plan of the Town of San Anselmo (the “Town”) also contains a policy recognizing the importance of providing recreational areas for Town residents.

The Town Council believes that it is in the public interest to fund restoration and maintenance of Memorial Park in accordance with the Memorial Park Master Plan (the “Master Plan”). The Master Plan was adopted by the Town Council on February 27, 2018, following numerous public meetings at which the community provided input into the design of the plan.

The special tax levied under this ordinance (the “Park Tax”) will provide funding for restoration of Memorial Park, and will provide funding for the continued maintenance of the Memorial Park facilities.

8-9.03 Authority and Purpose.

The Town of San Anselmo levies the Park Tax pursuant to Government Code sections 37100.5 and 50075. The Park Tax is a special tax authorized by Article XIIIA, section 4 of the California Constitution. This tax is not an ad valorem property tax, as it is not based on the value of the property or on the status of ownership of the property. Rather, the Park Tax is based upon the general benefit property owners receive from the availability of quality recreation and park facilities in the Town.

8-9.04 Park Tax Imposed.

A Park Tax not exceeding the maximum amounts set forth in this section is hereby imposed and levied on all improved real property within the boundaries of the Town at a maximum flat annual rate of $98.00 per residential unit and per 1,500 square feet of structure of non-residential use, except that the tax derived from a non-residential structure 75% or more occupied by a single enterprise or institution shall not exceed $1,000.00.

8-9.05 Special Account.

The proceeds of the Park Tax imposed by this ordinance shall be placed in a special fund to be used solely to fund and finance the restoration and maintenance of Memorial Park.

8-9.06 Collection.

The Park Tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Marin on behalf of the Town. The Park Tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the Town by the persons who own the unit or non-residential structure on the date the tax is due.

8-9.07 Annual Review of Expenditures.

The Town Council shall receive an annual report regarding the Park Tax pursuant to California Government Code section 50075.1. The Town Finance & Administrative Services Director shall annually file a special tax accountability report with the Town Council. The annual report shall contain both of the following: (a) the amount of funds collected and expended for the Park Tax and (b) the status of any project required or authorized to be funded by such special tax, as required by California Government Code Section 50075.3, as such law may be amended from time to time.

8-9.08 Exemptions.

The following exemptions apply to the Park Tax:

1. Senior Discount. To avoid undue hardship, a property owner that submits an application demonstrating that she/he meets all of the following criteria will qualify for a senior discount of $49 each year.
   1. Attained age 65 prior to June 1 of any applicable year; and
   2. Is the owner or beneficial owner of the residential unit; and
   3. Uses the residential unit as her/his principal place of residence.
2. Public Property. No special tax shall be levied against publicly owned property.
3. Common Areas. No special tax shall be levied against common areas.

The Town Council by resolution may adopt additional exemptions to the Park Tax imposed by this ordinance.

8-9.09 Tax Equity Board.

The Tax Equity Board established by resolution of the Council shall receive and act upon applications for full or partial rebates for persons claiming inability to pay the Park Tax provided for in this chapter.

8-9.10 Fiscal Accountability.

On an annual basis, the Town’s Capital Programs Monitoring Committee shall review and report to the Town Council on the use of the revenues generated by the Park Tax.

8-9.11 Use of County Records.

Town records and the records of the Marin County Assessor as of March 1 of each year may be used to determine the actual use of each parcel of real property for the purpose of determining the Park Tax imposed by this chapter.

8-9.12 Effective Date and Termination of Provisions.

This ordinance shall take effect immediately upon its approval by a two-thirds vote of the voters voting in the election called to approve the ordinance. The tax will remain in effect for thirty (30) years following its first collection date.

SECTION 2.

The Appropriations Limit of the Town of San Anselmo established under California Constitution Article XIIIB, section 6, shall be increased by the proceeds received from the special tax imposed by this ordinance.

SECTION 3.

If any section, subsection, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance.

SECTION 4.

This ordinance shall be adopted and become effective only if approved by at least two-thirds of the voters voting thereon, at an election held on November 5, 2019.