Connie Rodgers

Did you ever under-estimate a seemingly small problem in

your business which then almost ran you out of business?

One of those kinds of problems is the application by Target Corporation to open a store in the empty lot next to Home Depot out near the Richmond Bridge. A big box super discount store (BBS), which is very different than

chain stores like Kohl’s or Macy’s, could have dramatic deleterious effects on the local business scene in San Anselmo.

Let’s start with retail, since Target sells several products which are available in downtown San Anselmo, such as pet supplies, pharmaceuticals, children’s products and other gifts, cameras, clothing and apparel, and crafts outlets. If Target goes in, local stores could find

their sales diminishing.In fact, many academic

studies show the perils of a city’s futile chase after sales tax

Robert M. Brown, Community Development Director

Each year, retailers in Marin hand out ap-proximately 143

million single-use carryout bags—128 million plastic bags and 15 million paper bags. That’s about 570 bags for every adult and child in the county.

Under the name of the Single-Use Plastics Advisory Committee, or SUPAC, the cities of San Anselmo, San Rafael, Novato, Mill Valley, Tiburon and Sausalito are conducting a collaborative process with representatives of businesses and community groups to explore ways to re-duce the number of single-use

carryout bags and take-out food containers that end up in the landfill or as litter.

Representatives from San Anselmo include: Captain Nick Valerie, San Anselmo Police; Connie Rodgers, San Anselmo Chamber of Com-merce; Debra Abney, Man-ager, Walgreens San Anselmo; and Bill Daniels, Owner, United Markets.

SUPAC’s recommenda-tions will be presented to their respective city councils in late spring. SUPAC will consider a range of options, including possible regulations, public and business education and means of encouraging reus-able containers.

The objective of reducing

single-use containers is just one aspect of the recently adopted Zero Waste Plan for Marin County. Other recom-mendations include mass composting of residential food waste, recycling of con-struction debris, more recy-cling programs for businesses and multi-family complexes, and processing of restaurant and grocery waste to gener-ate energy. The Plan’s goal is to eliminate 90% of Marin’s waste stream from going to the landfill by the year 2035.

You can follow SUPAC’S work by providing your e-mail address to Bob Brown, San Rafael’s Community De-velopment Director, at bob.brown@cityofsanrafael.org.

InsIde:Members in the news . . . . . . . . . . . . . . 2

Welcome new Members . . . . . . . . . . . . 3

2010: A Chamber Year in Pictures . . . . . . . . . . . . . . . . . . . . 6 & 7

Calendar of events . . . . . . . . . . . . . . . . . 8

save These 2011 Calendar dates! . . . . 8

Behind the scenes Look at Your Chamber . . . . . . . . . . . . . . . . . . . 9

The Legal Lectern: explicit Mutual Wha? . . . . . . . . . . . . . . 12

Q1, Issue 1 January-March 2011

Fight to Keep It Local– Banish the Big Box Threat

Ban the Bags! Update from the Single-Use Bag Advisory Committee (SUPAC)

CHAnGe seRVICe ReQUesTed

Fight to Keep It Local Continued on page 3

Chamber Honors 2010 Ambasssdors of the Yearsee page 2

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2011 Board of directorsPresident/CEO Connie Rodgers (415) 454-2510 www.SanAnselmocChamber.orgChairman Dr. Adam Cantor Cantor Chiropractic Center(415) 454-9600 www.CantorCC.comVice Chair Connie Pelissero Cedars of Marin & Artist Within (415) 453-4240 www.TheCedarsofMarin.orgTreasurer Erwin Andrews Erwin Andrews, CPA (415) 454-3753Executive Secretary Danielle Dinnerman D. R. Dinnerman Insurance Services (415) 479-9881 www.DrDinnermanInsurance Services.comEx Offico Chair Jay W. Luther Law Offices of Jay W. Luther (415) 456-6197Joyce Brown Elan Health & Fitness Center (415) 485-1945 www.ElanFitness.comRoberta Dossick Drake High/School to Career (415) 458-3484 www.Drake.Marin.k12.ca.usPam Dixon Antique Dealers Association (415) 457-7166Vance Frost Frank Howard Allen Real Estate (415) 459-5901 www.LiveinMarin.comKris Kelson State Farm Insurance (415) 721-0121 www.KrisKelson.comTown Council Liaison Councilwoman Barbara Thornton

2011 Ambassador CommitteeAmbassador ChairAnne Shaw Farmer’s Insurance (415) 686-8491Dr. Adam Cantor Cantor Chiropractic Center (415) 454-9600

Mark Cooper Bradley Commercial Real Estate (415) 608-1036 mark@bradleycre.com www.Bradleycre.comKathy Crowley Kathy Crowley Bookkeeping kathy_crowley@comcast.comDanielle Dinnerman D. R. Dinnerman Insurance Services (415) 479-9881 www.DrDinnermanInsurance Services.comCeleste Ezell Golden Gate Tutoring Network (415) 383-2283 info@goldengatetutoring.comLawrence Frauens Equitable Mortgage Group (415) 990-7990Vance Frost Frank Howard Allen Real Estate (415) 459-5901 www.LiveinMarin.comMarcella Gehlhar Ramos First Federal Savings & Loan (415) 457-5050 mcea@aol.comTiziano GrifoniSynergy + Physical Therapy & Pilates Studio (415) 258-8228 tiziano@synergyptpilates.comCaroline Jones State Farm Insurance (415) 721-0121Kris Kelson State Farm Insurance (415) 721-0121Stephanie Kisak-TysonBank of Marin, San Rafael (415) 485-2275 Lindsey Hayes-KoelmanMarin Acupuncture Clinic (415) 407-0528Norma Jean McKeldin Norma Jean’s the Beauty Studio (415) 456-7111 www.NormaJeanstheBeauty Studio.comGayle Permar Advocacy Architects for Community Design (415) 482-8977 gpermar@earthlink.netConnie WongJump N Bounce! (415) 459-8978 www.MarinMommies.com/jump-n-bounce

San Anselmo Chamber of Commerce, P.O. Box 2844 San Anselmo, CA 94979-2844 • (415) 454-2510 • (415) 258-9458 faxinfo@sananselmochamber.org • www.sananselmochamber.org

editor: Alaina Yoakum, Friday Graphics & Marketing design & Layout: James Anderson

Delivered by:

Members in the newsThe FBI presented

its 2010 Community Leadership Award last November to Bridge the Gap College Prep, the nonprofit Marin City youth tutoring program where Chamber member Robert Hunter of Robert Hunter Investments is a founder and an Emeritus Board Member. Hunter founded the program with Marin native Denni Brusseau and Marin City pastor Fred Small. Since 1995, Bridge the Gap College Prep has provided academic support and tutoring aimed to improve the academic performance

of Marin City students in grades K-12 and their ability to succeed in high school and college. “It went from six kids in the first year to 20 the second year, it moved pretty quickly … we have more than 100 kids now and over 100 volunteers,” said Hunter (Mark Prado, Marin Independent Journal). Prado writes, “The program has had success. Eighty percent of students who participated in the evening tutoring program have graduated from high school, and of those, 60 percent enrolled or graduated from college.” 29 Magnolia Ave., San Anselmo, 415-458-5880/800-758-3768, www.btgtutoring.org.

submission deadlinesAll chamber members can submit business news and promotions for inclusion on our Facebook

and Twitter pages and in our two publications, Network Success and “Member News” e-blasts. Mail all submissions to info@sananselmochamber.org. Submission deadlines are as follows:

•NetworkSuccess:Q2 Issue: May 16; Q3 Issue: Aug. 15; Q4 Issue: Nov. 15;. Free quar-terly publication mailed to 5,500 residents, businesses and chamber members in the San Anselmo community.

• “MemberNews”: See e-blast for next date. E-mailed every other Tues. to all chamber members, town officials and residents in the chamber’s database.

• Facebook and Twitter: E-mail the chamber any time!

Robert Hunter

The Chamber honored Anne Shaw of Farmers Insurance and Marcella Gehlhar-Ramos of First Federal

Savings and Loan for their outstanding leadership as Chamber Ambassadors for 2010 at the Chamber’s Annual Holiday Luncheon.

Ambassador Chair Kris Kelson describes its ambassadors as representatives of the chamber who build and maintain its strong membership base. Kelson said that Anne and Marcella “are as positive and enthusiastic as individuals can be … Their enthusiasm and volunteerism is contagious.”

Shaw and Gehlhar-Ramos are the first to say, “If you live in a community and take from it, you give back and that’s what we’ve tried to do, pretty much our whole life.”

“We believe in the chamber of commerce,” Anne and Marcella agreed. “We’ve seen what it’s done for new businesses and we’ve seen what it’s done for businesses that have been here for years.”

Chamber Honors 2010 Ambassadors of the Year

Ambassadors of the Year 2010: (L to R) Anne Shaw of Farmers Insurance; Marcella Gehlhar-Ramos of First Federal Savings & Loan; and Kris Kelson, Ambassador Chair, of State Farm Insurance.

Members in the news Continued on next page

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3Members in the newsÉlan Health & Fitness

Center is a top choice for fitness enthusiasts according to several Bay Area sources. As published by the San Francisco Business Times in January, Élan Fitness ranked #21 in the entire Bay Area as one of San Francisco’s Top Health Clubs. Elan Fitness was also a runner up in North Bay Biz for their Bizie Awards – North Bay’s Best. 230 Greenfield Ave., 415-485-1945, www.elanfitness.com.

When SFGate.com judged pies during the holiday season, Upper Crust Pies easily made the cut! SFGate.com stated, “It’s that time of the year when pecan pies become a market mainstay, going crust-to-crust with pumpkin pies for a spot on the holiday dinner table … With eight pecan pies to sample, then, it wasn’t long before our Taster’s Choice panelists were on a sugar high. But after going through every pie - and two pots of coffee - only three got the thumbs-up. Tying for first place were the house pies from a pair of markets - Draeger’s and Whole Foods. In third place … was Christine’s Handmade Pies by Upper Crust.” Congratulations Christine! Christine Milne, 1133 Francisco Blvd. East, Ste. H, San Rafael, 415-485-5658, www.christinespies.com.

It’s another stellar review for Insalata’s! This time

from SFGate.com food critic, Michael Bauer, who reviewed the restaurant last December. He called Insalata’s a rock-solid restaurant with “homey Mediterranean fare” and praised Heidi Krahling’s skill as a chef noting that the restaurant has become a community touchstone in Marin. Some of the dishes he singled out include Insalata’s shaved root vegetable salad; pappardelle with wild mushroom ragout with pork and fennel meatballs; orecchiette with roasted cauliflower, white beans, potato and pancetta; porcini-rubbed beef tenderloin; St. Louis-style pork ribs; and honey-glazed pomegranate duck breast. Of the Greek-inspired lamb shank, Bauer stated, “the fregola underneath sops up a tomato sauce flavored with cinnamon and orange and studded with artichokes and oil-cured olives. It’s a beautiful dish.” As for desserts, Bauer wrote, “I’ve had few desserts better than Insalata’s apple dumpling” and adds that the Pigs in Mud “is a fine way to pork out and cap the meal.” He also praised Insalata’s service: “From start to finish, it was clear that the customer was appreciated.” Kudos to Krahling! Insalatas: 120 Sir Francis Drake Blvd., San Anselmo, 415-457-7700, www.insalatas.com.

Our Adopt-A-Family program raised over $13K

for three families-in-need! The San Anselmo Chamber was proud to partner with Cucina Restaurant and Wine Bar and Marin Running Company in sponsoring the program that assisted the three families in need this past holiday season. Through the sponsors’ combined efforts and a generous outpouring of donations from the San Anselmo community, we received more than $13,500 as well as toys and clothing donations for the three families. Wewishtothankthecommunityforbringingcheertothoselessfortunate,especiallyduringtheholidayseason!

Erwin Andrews, CPA is your payroll partner! Free yourself and your staff from time-consuming tasks. Erwin Andrews, CPA offers expertise and personal services including: Payrolls on time at competitive prices; reports ready for signatures; tax deposit checks written for you; W2 forms at year end; magnetic reporting, quarterly and annually; management reports for information & audits; and direct deposits. “Every business has a unique set of needs,” says Erwin. “Your payroll partner is dedicated to analyzing those individual business needs and finding the perfect solution.” 321 San Anselmo Ave., San Anselmo, 415-454-3753, erwinandrews@sbcglobal.net.

don’t Keep it a secret…Tell Them You’re a Member! When you patronize a fellow Chamber member’s business, make sure to tell them you’re

a member too! It’s the perfect way to let each other know how we are all doing our part to support our town’s business community. Plus, some Chamber members offer member-to-member discounts!

dollars, only to find an array of accompanying ills such as job losses, a slashing of the diversity of local business, and business closures.

All small businesses in Marin rely on the recirculated dollars. This hidden part of the economy means that small business owners merchants use the money from transactions and hire local lawyers, local accountants, local financial consultants and local banks, as well as to pay their employees who more than likely live locally.

This recirculation of dollars within a community is vital. Again, studies show that a BBS reduces such recirculation by at least half when a BBS enters the scene. But where do the dollars go which are spent at Target? To their home office, in Minnesota.

Local businesses also contribute to charity in many ways. You could probably think of several businesses which do so at the expense of their bottom line. By contrast, any large chain, if approached for a contribution, will forward the request on to their home office.

And local businesses are more likely to make decisions which benefit the environment and the community. One example is United Markets, which led the way on refusing to use plastic bags at their store.

While every city needs the sales tax dollars from the transactions, when a large competitor such as Target intrudes upon those interactions your tenuous relationship with even your most faithful customers could shift. One-stop shopping could mean that vase, or that camera, or those groceries, could be bought at Target, and not your store.

Proponents of Target maintain that bringing in Target might boost sales tax by 4%. But that 4% is calculated on the basis of new dollars, which means it’s presumed that all sales tax dollars generated from Target will be from new customers who will never shop in downtown San Rafael. Common sense alone says that there is no way to ensure that will happen.

Target supporters claim that 250 new jobs will be created. But almost all of those jobs will be part-time. High turnover is usually the result of such a policy. And the average pay is about $10 an hour. That could depress wages because your business might have to pay lower wages in response. Worse, part-time workers are not eligible for health benefits--the county will need to increase its workload.

Worst of all, when a BBS comes into an area, 1.5 jobs are lost for every job “created” by a BBS. That means that while your business might not fail because of less tax dollars, you might have to stop a specific service you’d only started offering a short time ago. It’s tough to give up a service that people liked, and studies show that could bring about an immeasurable loss of community morale.

The BBS does not have to be next door in order for a nearby community to feel its consequences.

There are things you can do. One fun project is to go to bigboxevaluator.org. There, you can plug in a host of variables and see what it would be like if a BBS came to San Rafael. You’ll learn a lot and it’s easy to understand. And, you’ll find all those academic studies cited above.

After that, you’ll probably be motivated to take action. See bigboxtoolkit.com for what you might do.

Fight to Keep It LocalContinued from front page

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Welcome new MembersFirst Cal David Armstrong7250 Redwood Blvd., Ste. 218Novato, CA 94945 (415) 898-4917 darmstrong@firstcal.net

New free benefit for San Anselmo Chamber Members! First Cal Real Estate & Mortgage HomeBenefits offers the #1 requested Employee Assistance Program (MSN Money) to all San Anselmo Chamber Members and their families. Discounts are based on the purchase/sales price and loan size as follows:

• 17% of gross realtor commission when buying or selling home

• (Credited back in escrow) up to $5,100 per transaction

• Up to 25% off lender origination fees

• Up to $250 off home appraisal • Up to $400 Visa Card with

closed mortgage transactionThere is no fee for this service. Further benefits include free attendance to educational seminars and workshops, and access to our growing network of preferred partners in the home services and financial

industry, as well as restaurants, retailers, specialty services, and day or weekend getaways. Easy one-click enrollment at www.firstcalhomebenefits.com. Click on the “Free Enrollment” button, then select San Anselmo Chamber from the Business/Organization drop down menu. Enroll now!

Garren’s Auto BodyGarren Campbell107 Jordan St.San Rafael, CA 94901(415) 456-5000Mon-Fri :7:30 a.m.-5:00 p.m.

“Where Quality Does Not Have to Cost More”With 20 years experience in auto body repairs and a staff of highly-skilled technicians, Garren Campbell (formerly of Orlandi’s) recently opened Garren’s Auto Body and wants the opportunity to take care of your future auto body repairs. We invite you to stop by our new shop the next time you need our services. We also work with all insurance companies and deductibles. No Job Too Small – JUST ASK! We offer:• Assistance with car rental and

towing• Free Pick-Up and Delivery• Lifetime Written Warranty• Computerized Paint Matching• Laser Guided Frame Repair• Specializing in Domestic &

Foreign Collision Repairs• Body Repairs from Dents to

Severe Damage• I-Car Trained Technicians• PPG Envirobased Paint• Full Refinishing On Most

Vehicles

Ken’s Carpets, Inc.Ken Walpole1914 Fourth St.San Rafael, CA 94901(415) 454-5367office@kenscarpets.comwww.kenscarpets.com

Ken’s Carpets and Flooring is a full-service, licensed flooring retailer. They specialize in detailed, personal, expert flooring advice for your home and business. Owner Ken Walpole has over 20 years of floor fashion experience. Their extensive showroom on the Miracle Mile displays many thousands of carpets, hardwoods, vinyl, cork, linoleum, etc. They offer:• tremendous values as well as

special order goods,• an experienced kitchen and

bath designer on staff,• carpets in stock for quick turn

around,• cabinetry, faucets, barstools,

countertops, lighting, blinds and shutters, closet solutions, and

• much more … their product offering is too large to list!

Over 20 years of flooring experience, FREE for the asking! Drop in and visit their showroom today, and meet their highly-qualified staff.

Ross Valley Health Alliance (RVHA)Tiziano Grifoni, President14 Medway RoadSan Anselmo, CA 94960(415) 261-0202tgrifoni@gmail.comwww.rossvalleyhealthalliance.org

The Ross Valley Health Alliance (RVHA), a group of local health- and fitness-related businesses, was recently formed to promote better living and awareness in our community. RVHA’s mission is to “optimize the health, fitness and well-being of our community by providing education, information, resources and services”. Our vision is a healthier community that values the importance of regular exercise, conscious nutrition and consistent social involvement.

new Members Continued on next page

Reach 5,500 subscribers in san Anselmo and Ross Valley and connect with your customers!

Your advertisement in Network Success—San Anselmo Chamber of Commerce’s quarterly newsletter—is the best way to promote your business to prospects in the area.

With 5,500 local subscribers, Network Success delivers the latest news about our members, town and chamber directly to the front door of residents and businesses in San Anselmo and Ross Valley.

To take advantage of this offer, contact Connie Rodgers at 415-454-2510, or info@sananselmochamber.org

*All prices are for camera-ready art. Extra artwork and graphic design available, see ad on page 10. These advertising rates only apply to a one-year term advertising contract.

Publishing Deadline2nd Quarter (Apr-Jun issue): May 16; 3rd Quarter (Jul-Sept issue): August 15; 4th Quarter (Oct-Dec issue): November 15Acceptable Formats: PDF, TIF or JPG

Print Ad sizes dimensions (inches) Rate per year (all 4 issues)*(no bleed)

Full page 9.15” w x 11” h $1500 ($325 per issue)

Half page Horizontal: 9.15 w x 5.25 h $1000 ($250 per issue) Vertical: 5.4” w x 11” h

Quarter page 3.6” w x 5.25” h $600 ($150 per issue)

Eighth page 3.6” w x 2.5” h $400 ($100 per issue)

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5Welcome new Members

Save the date for our first Health Is Wealth Festival, scheduled for Saturday, March 19, 2011 at Ross Valley CrossFit on Greenfield Avenue. The event will have an education component, as well as food and entertainment for kids and adults alike. We look forward to enhancing the scope of the Health is Wealth Festival each year, highlighting and including business neighbors who share our vision of enhancing individual health through collective awareness and engagement.

Mt. Tam Vision Center Dr. Lasser J. Frank1604 Sir Francis Drake Blvd. San Anselmo, CA 94960 (415) 453-8906 www.mttamvisioncenter.com We provide friendly, professional ocular health and vision services for all of your eye care needs. Our comprehensive eye exam

will check your binocular vision, determine your visual needs, and then provide you with an accurate prescription for your glasses. We will also provide a thorough assessment of your overall eye health and screen for eye disease. We work closely with specialists in every branch of medicine to assure that your eye care is managed seamlessly between medical providers. When completed, the doctor will go over all of your vision and ocular health concerns, discuss with you your options, and help you set up a plan of action. Our Optical Boutique can then provide your entire frame and lens needs.

Ross Valley Ecumenical Housing Association (RVEHA) Chris Highland72 Kensington Rd. San Anselmo, CA 94960 (415) 457-5633

rveha@comcast.net www.tamhouse.org

In 1979, RVEHA was formed as a nonprofit corporation by a group of constituents of three major churches in upper Ross Valley and the Ross Valley Rotary. Its mission was, and is, to provide a unique mode of living for single qualifying adults. The housing would have these key elements:• Be within walking distance of

downtown San Anselmo, with its shops, library, post office and transportation

• Be a place where individuals could retain their independence

• Be a place that would provide a secure, happy environment free of worry about details

• Housing that would retain a “family feeling”

We found a residence that fit the bill in a perfect location: 34

U-Top ItDean & Julie Karnazes 245 San Anselmo Ave.San Anselmo, CA 94960(415) 956-2902www.facebook.com/pages/ U-Top-It-San-Anselmo/ 164245163589892

U-Top It, which just celebrated its grand opening on February 11, is a partnership between Dean Kar-nazes and Jennifer Ketels under the umbrella of Marin Yogurt Company. “Our commitment is to provide a variety of premium and all-natural choices for you to craft the perfect masterpiece,” said Karnazes. Karnazes, a Bay Area resident, is known to Silicon Valley runners for both his fame (named one of Time Magazine’s 100 Most Influential People in 2006, he’s an author, speaker and winner of the 2008 ESPY Award for “Best Outdoor Athlete”) as well as his association with the popular fall fitness event, the Dean Karnazes Silicon Valley Marathon. The partnership between Karnazes and U-Top It creator Ketels, a former ad agency owner, accentuates a mutual passion for healthy living and community involvement. Ketels founded U-Top It in 2008. The duo plans to open a number of U-Top It locations in the region under the Marin Yogurt Company umbrella.

new Members Continued on page 8

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A Chamber Year in Pictures: A Look Back on the Best Chamber Sponsored Events in 2010!

CONTINUED ON PAGE 12

January March July

AugustAprilThe Three’s CompanyAttendees of the Three’s Company Mixer bopped between Marin Coffee Roasters, Golden Gate Tutoring Network & Artist Within

May

February

Ed Diaz and David Armstrong were the presenters at the Union Bank (previously Tamalpais Bank) workshop and mixer. Photo/Gayle Permar Architect

(L to R): Peter Pelham, Executive Vice President & Director of Retail Banking; Linda Lippstreu, Vice President & Manager – Greenbrae; and Russ Columbo, President/CEO

The popular “Picnics on the Plaza” sponsored by San Anselmo Chamber of Commerce, Greenfield Merchants, Élan Health & Fitness Center, San Anselmo Antique Dealers Association, and Pacific Sun

June

The Business Rehabilitation Workshop

sponsored by Wells Fargo Bank & San

Anselmo Chamber of Commerce

Zeina and Tiziano Grifoni

Sunglass City attracts shoppers during the San Anselmo Art & Wine Festival

(L to R): Sean Fitzgerald, Private Banker, Wells Fargo Bank; Kris Kelson, State Farm Insurance; Norma Jean McKeldin, Norma Jean the Beauty Studio; Marcella Gehlhar, First Federal Savings & Loan; Dr. Adam Cantor, Cantor Chiropractic Center). Photo/Lawrence Frauens, Residential Pacific Mortgage

Attendees at the Ace Printing & Conference Center Mixer enjoying the sunshine

(L to R): Mr. & Mrs. Mark Cooper are joined by Tiziano Grifoni of Synergy+ Physical Therapy & Pilates Studio. Photo/Lawrence Frauens, Equitable Mortgage Group

Photos/Lawrence Frauens, Equitable Mortgage Group.

The Tam Bank Mixer

The Bank of Marin Mixer

The Wells Fargo MixerAce Printing & Conference Center Mixer

Marin Sanitary Service Luncheon on Greening Your Business

Open House & Ribbon Cutting at Bradley Commerical Real Estate Business Rehabilitation Workshop

Open House & Ribbon Cutting at Synergy+ Physical Therapy & Pilates Studio

The San Anselmo Art & Wine Festival

Picnics on the Plaza

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Tamalpais Ave., San Anselmo. In 1981, we remodeled, attaching a second building to accommodate 11 residents. In 2007, Tam House II was completed to serve another 10 people on the same model and in the same neighborhood at 61 Woodland Ave. With the support of our constituent churches, Rotary, and our many individual donors in the community, we have operated these two houses without any governmental assistance and without incurring debt. In every respect, the formation of RVEHA and the development of its two houses has been a win-win for its fortunate residents and for the community as a whole.

YWCA Nancy Richardson 900 Mission Ave. San Rafael, CA 94901 www.ywcasf-marin.orgServing San Francisco and Marin since 1878

For more than a century, the YWCA San Francisco & Marin has responded to the changing roles, needs and aspirations of a diverse population of women, girls and families. The voices of women have blended to create a vision that keeps the

YWCA strong and current even in times of national change and challenge. The YWCA of San Francisco & Marin is a member of the YWCA USA and the World YWCA movement. With over 300 affiliates throughout the country, we work together to attain a common vision: peace, justice, freedom and dignity of all people. The YWCA serves youth, families, and adults in San Francisco and Marin coun-ties with these critical services:

• Empowering women over 50 toward economic self suf-ficiency by employment sup-port (see sidebar)

• Supporting children in their new home through after school and summer programs

• Caring for older and disabled adults with dignity and respect through affordable housing.

• Bridging the digital divide through computer instruction and open lab

• Teaching English as a Sec-ond Language to job seekers searching for employment stability

• Developing leadership and life skills in youth to prepare for employment and college

Chamber’s 2011 Calendar of events

Job seekers over 50 face special challenges as they search for employ-

ment or re-enter the job mar-ket. The YWCA FiftyPlus Employment Program as-sists Marin County women over 50 years old to find permanent employment. Services include assessments, resume writing help, and interviewing practice. Job-seekers develop a realistic, action-based job search plan, including strategies to help overcome age discrimina-

tion. The FiftyPlus Program is located at 900 Mission Street in San Rafael and pro-vides employment counsel-ing, career services, technol-ogy training, workshops and seminars.Pleasecalltoscheduleanappointmentorforareferral:BettySzudy,ProgramCoordinator,415-455-9369ext.224NancyRichardson,JobDeveloper,415-455-9369ext.223

YWCA’s FiftyPlus employment support Program supporting Job seekers over 50

new Members Continued from page 5

San Anselmo Chamber of Commerce Board Meetings3rd Tuesday of the month • 8:00 a.m.Town Council Chambers, 525 San Anselmo Ave.

San Anselmo Chamber Ambassador Meetings2nd Thursday of the month • 6:00 p.m.State Farm Insurance, 50 Greenfield Ave., San Anselmo • Anne Shaw, Chair

San Anselmo Sub-Economic Committee Meetings2nd Thursday of the month • 8:45 a.m.Town Council Chambers, 525 San Anselmo Ave.

Chamber Meetings

March 17 • 12:00 p.m. Marin Sanitary Service LuncheonWith David Armstrong/First Cal presenter. 535 Jacoby Street, San Rafael (upstairs). Update on single-use bag ban. Tour of MSS facility offered after lunch. RSVP today: call 415-454-2510 or visit www.sananselmochamber.org and click on “Register for Events”

April 21 • 5:30-7:00 p.m. Grand Opening, Ribbon Cutting & Mixer for State Farm Insurance & Miracle Mile Computers 50 & 52 Greenfield Ave., San Anselmo.

May 19 • 5:30-7:00 p.m. Mixer at Bank of Marin 501 Sir Francis Drake Blvd., Greenbrae.

June 16 • 5:30-7:00 p.m. Mixer at Sport Spine Clinic 220 Greenfield Avenue, San Anselmo.

July 16 & 17 • 9:00 a.m.-6:00 p.m. Art & Wine Festival Downtown San Anselmo, San Anselmo Ave.

July 27 • 5:30-7:00 p.m. Marin Council of Chambers County-Wide Mixer Sheraton Four Points Hotel, 1010 Northgate Drive, San Rafael, Poolside! Complimentary appetizers and no host bar. $5 members; $20 general.

September 8 • 12:00 p.m. Business of the Year & State of the Town LuncheonLanna Thai Restaurant, 810 Sir Francis Drake Blvd., San Anselmo; Reservations $40.

September 15 • 11:00 a.m.-7:00 p.m. 3rd Annual San Anselmo & Corte Madera Chambers Golf Tournament San Geronimo Golf Course; 5800 Sir Francis Drake Blvd., San Geronimo; Reservations: $135 per golfer includes lunch, dinner and complete golf registration.

September 23 • 11:30 a.m. Spirit of Marin 18th Annual Awards LuncheonFather David Ghiorso’s Courtyard, St. Vincent’s School for Boys, 1 St. Vincent’s Drive, San Rafael; Check-in and Entertainment: 11:30am; Luncheon Served: 12:00 p.m. Reservations required.

October 20 • 5:30-7:00 p.m. Mixer at 3 Ring Cycles 538 San Anselmo Avenue, San Anselmo.

November 17 • 5:30-7:00 p.m. Mixer at Union Bank 100 Sir Francis Drake Blvd., San Anselmo.

December 3 • 5:00-6:30 p.m. Holiday Lighting Ceremony Lawn at Town Hall. An old-fashioned holiday event! Free pictures with Santa, complimentary refreshments, holiday crafts and entertainment.

December 8 • 12:00 p.m. Holiday Luncheon San Domenico School, 1500 Butterfield Road, San Anselmo; Reservations: $40.

Save These Dates

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Board of DirectorsMembers of the chamber

board of directors are selected because of their standing in the community, their experi-ence and ability in civic af-fairs, and their interest in the organization. The board of directors is the policy-forming branch of the chamber. Board members approve the budget, receive and pass on committee reports and recommenda-tions, and direct the chamber’s general activities. Ultimately, the board must assume the responsibility for seeing that its policies are carried out.

It has always been consid-ered an honor to serve on the board of directors. Proven genuine unselfish interest in the chamber and its objectives is the first requirement for a board member. The director’s proper performance of re-sponsibilities is vital to sound and efficient chamber opera-tions and the economics of the community.

Chambers of commerce got their start in the United States eight years before the Revo-lutionary War. Today, nearly every city and town across the nation has some form of orga-nized chamber of commerce.

While many chambers have their basic roots in the “town booster” type organization, most chambers have a long history of involvement in eco-nomic development and serv-ing as a business advocate.

In the 1950’s and 1960’s, chambers placed major em-phasis on industrial activities. As we entered the 1970’s with huge problems of inadequate housing, schools, community services and high unemploy-ment, the new role for cham-bers expanded to socioeco-nomic concerns.

The chamber of commerce today can no longer ask its members, “What do you want your chamber to do?” Instead, it is asking, “What kind of community do we want ours to be?”

In another role, chambers are more active in govern-mental affairs, realizing that problems facing them can best be dealt with in the legislative arena.

As a federation of business and professional firms within the community, chambers have great power and influ-ence through the factual information they provide and the ability to keep chamber

members motivated to com-municate regularly with their legislators.

Cities and towns are what their citizens make them. The chamber of commerce is the vehicle through which the community’s needs are met.

The San Anselmo Chamber’s Goals• Create a Strong Local

Economy

• Promote the Community

• Provide Networking Opportunities

• Represent the Interest of Business to Government

• Political Action Keep It Local!

Our Ambassadors’ Mission

The mission of our Ambas-sadors is to help shape the Chamber’s next generation of business community lead-ers. This exclusive group of business professionals serves as advocates for the Chamber and the business community. Together, they learn the inter-nal operations of the Chamber and work with the Board of Directors to increase member-ship involvement, recruitment and retention and events.

Could your business benefit from free professional advice

related to securing capital, marketing your services or reviewing your business plan? Need some fresh professional advice regarding your product or service?

With offices throughout Marin County, including the San Anselmo Chamber of

Commerce, the Small Busi-ness Development Center (SBDC) provides current and future business owners with no cost, confidential counseling and various low fee services and workshops. The SBDC has helped hundreds of local busi-ness owners and their advisors are knowledgeable in a broad scope of industries and busi-

ness management. How can the SBDC help you and your business?

Toscheduleyourprivateappointment,callConnieRodgersattheChamberofCommerce:415-454-2510. To learn more about the SBDC’s various services, visit www.sbdcsantrosa.org or call 707-524-1770.

need Free Professional Advice? The sBdC is Here to Help

A Behind the scenes Look at Your ChamberOur Board, History, Goals and Ambassadors Why Join the Chamber?

For a very small investment, you get over $2000 in value through Chamber Member benefits, many of which require no time or energy on your part! Here’s

how we spell it out:

• FreeMarketing,Advertising&Publicity.FREE one-time ad in NorthBay biz magazine (for new members), which is delivered to 76,000 high-income readers in Marin, Napa and Sonoma County. Value $560.

• FREElistinginouronlineBusinessDirectoryin up to four categories and direct link to your website. Get free access to post your own events, specials, promotions, job listings and more. The Chamber website attracts over 10,000 monthly hits, and is an ideal resource for those seeking information on local businesses and resources. Value $400.

• FREEE-Newsblaststo over 500 subscribers promoting member specials and events. Value $300.

• Publicity in the “Members in the News” section of the bi-monthly NetworkSuccess magazine. Tell us about your upcoming business event or promotion, and we’ll cover it–that’s free publicity to over 5,500 local subscribers. Value $300.

• Relocating families and visitors who request information on San Anselmo are sent promotional brochure and information you provide the Chamber. Value $100.

• Ribbon Cutting Ceremony sponsored by the Chamber for free publicity on your grand opening or re-opening in NetworkSuccess and by direct mail. You’ll also meet key community leaders! Value $300.

• FREE mailing labels of chamber members (once per year upon request). Planning a direct mail campaign? Extend your reach. Value $150.

• FREE access to post your business promotions and events on the Chamber website. Value Unlimited.

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Jack Budmark Deputy Director Tax Branch

Beginning in 2011, employers will report their Unemployment

Insurance, Employment Training Tax, and State Disability Insurance wages and contributions, along with Personal Income Tax withholdings, on a quarterly instead of an annual basis.

The new reporting will allow EDD and employers to identify overpayments more quickly, resulting in faster refunds. In addition, EDD will be able to promptly notify

employers of any amounts due.

At the end of each calendar quarter, employers will submit the Quarterly Contribution Return and Report of Wages (DE9) and the Quarterly Contribution Return and Report of Wages (Continuation) (DE9C) forms. Employers will still use the Quarterly Wage and Withholding Report (DE6) and the Annual Reconciliation Statement (DE7) for 2010 and years prior to 2010.

Also in the spring of 2011,

EDD will offer Expanded e-Services for Business. Employers will be able to manage their accounts online, file more reports, pay deposits and tax liabilities, and view account history and statements.

For more information about Expanded e-Services for Business: Visit eddservices.edd.ca.gov.

To learn more about quarterly reporting changes: See the 2011 California Employer’s Guide (DE 44), visit www.edd.ca.gov/Payroll_Taxes, or call the Taxpayer Assistance Center at (888) 745-3886.

Sunny Lee HR Advisor

We hired an em-ployee and now want to rescind

the offer. Do we have any li-ability?

The answer to this question depends on whether the offer is a firm or conditional offer, and whether the applicant has detrimentally relied on that offer.

ConditionalandFirmOffersMaking an offer of em-

ployment to an applicant is a commitment to hire. You may make it contingent on other factors, such as success-fully passing pre-employment drug testing and/or a criminal background check.

Employers clearly have the right to condition offers on job-related pre-employment screens that may affect whether the candidate will become employed. Employers also have the right to make an offer subject to the approval of others in the company.

An offer does not become binding until the applicant accepts it; therefore, you are free to change the terms or withdraw the offer if the ap-

plicant has not accepted the offer or detrimentally relied on it. If the applicant counters with different terms, you may consider your offer rejected and withdraw it.

The Helpline often gets calls about employees who are not ready to start work after an offer has been made and accepted. Clearly, if the employer makes an offer with a firm start date, then that date becomes part of the offer. If the applicant cannot start on that date, regardless of the reason, the employer may withdraw the offer.

InternetSearchesEmployers have to be care-

ful about using non-work-related information as a basis for withdrawing an offer; this may include information learned by doing an Internet search of the person or visit-ing social networking sites.

In California, the right to privacy contained in the California Constitution may protect the privacy rights of applicants and employees. Because this is a new area and there is little guidance from the courts, consult with your labor and employment at-

torney before withdrawing an offer, and discuss the factors involved.

LiabilityA situation may occur

where the employer finds a better applicant after making an offer. Where no condition-al offer has been made (sub-ject to further screening or the approval of the CEO, or some other supervisory persons in-volved in the search), the ap-plicant may have relied on the offer and given notice to his/her present employer.

If you revoke an offer after that notice was given, the applicant may lose that job, seniority and benefits. If the applicant has moved closer to the new job in reliance on the offer, you may be held liable for resulting damages.

The reliance on an offer that causes detriment to an applicant may subject the em-ployer to a lawsuit. Therefore, before withdrawing an offer

of employment, an employer should consult with legal counsel.

An applicant may seek dou-ble damages in a civil action if he/she was persuaded, influ-enced or enticed to move his/her place of residence based on misrepresentation about either the length of time a job would last, the character of a job, compensation or the existence of a labor dispute or strike.

Labor Code Sections 970 and 972 allow an applicant to sue any person, agent or of-ficer for double damages for knowingly making any false representation. In addition, a person who is guilty of violat-

ing Section 970 is guilty of a misdemeanor punishable by a fine of up to $1,000 or im-prisonment up to six months, or both.

The hiring process is im-portant for both the employer and applicant. Being clear about the hiring process and what the job entails (pay, ben-efits and start date) are essen-tial to forming a good work-ing relationship. Making an offer of employment, whether it is verbal or in writing, can be binding if the applicant accepts the offer. Therefore, it is important to be clear about contingencies and the ap-proval process before offering an applicant a job.

CAL Chamber Labor Law Corner – employers May Rescind Conditional Job Offers If . . .

news from California Labor and Worksource development Agency edd - state of California

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I get it. Payment of overtime is not highly favored by the manage-

ment community. Unfortu-nately, employers can get in a lot of trouble playing the avoidance game.

Many employers have tried to turn some workers into “independent contractors” to avoid overtime, and have then been hit with a variety of lawsuits, taxes, and penal-ties. (By the way, I’m told by tax attorneys that the IRS is channeling a lot of new money into task groups to prevent just this practice.) Other employers have said, “I’ll make this employee a manager, and put her on sal-ary.” That can work, but only if the employee can correctly be classified as a “exempt employee” by dedicating over half of her work time to executive, administrative or professional duties under established definitions; just sticking the word “manager” in her title doesn’t cut it.

And most employees don’t fit the definitions. The aver-age retail store manager, for example, spends most of her time selling goods to custom-ers. The average restaurant manager spends a majority of her time in cooking, set-ting up tables, buying food, greeting customers, and other “nonexempt” activities. Worse, these faux managers and contractors really have little discretion to exercise independent judgment, and that is the core of the “exempt

employee” concept. These folks aren’t “managers,” and their overtime pay is manda-tory.

This is the advice that I have been giving for the last 10 years, and those employ-ers who have shied away from classifying workers with ill fitting “exempt” or “contrac-tor” labels have been saved a lot of grief. Nonetheless, a recent appellate decision sug-gests that there may be a third non-standard way to deal with overtime, an ancient path long thought closed.

In the days of dinosaurs and unicorns, before the Eight Hour Day Restoration and Workplace Flexibility Act of 1999 (a/k/a “AB 60”) went into effect on New Year’s Day of 2000 and restored daily overtime, California law rec-ognized a rule known as the “explicit mutual wage agree-ment” doctrine. The idea was to allow a non-exempt salaried position predicated on a base hourly wage plus projected overtime. For ex-ample, if an employee could be expected to regularly work 60 hours a week, his weekly salary could be based upon some specific hourly rate for the first 40 hours plus time and a half for the additional 20 hours.

The reason we have heard essentially nothing about this doctrine for the last de-cade is simple: the California Division of Labor Standards Enforcement took (and undoubtedly still takes) the position that AB 60 repealed

it. It refused to allow the rule as a defense in the adminis-trative trials held under its auspices. Moreover, most lawyers apparently agreed with DLSE, since there is no mention of the doctrine in the reported cases from the state courts during the time that AB 60 has been in effect.

Well, until now, anyway. In Arechiga v. Dolores Press, Inc., the Court of Appeal in Los Angeles held that AB 60 had not laid the doctrine to rest, and adopted a statement from the trial court explain-ing the rule as follows:

Under California law, when there is an explicit mutual wage agreement between the parties, even a fixed salary like the one [Arechiga] received serves to adequately compensate him for both overtime and regular pay. . . . In order to establish an explicit, mutual wage agreement, [Employer] was required to show that the parties entered into an agreement that specified (1) the days that [Arechiga] would work each week; (2) the number of hours [Arechi-ga] would work each day; (3) that [Arechiga] would

be paid a guaranteed sal-ary of a specific amount; (4) that [Arechiga] was told the basic hourly rate upon which his salary was based; (5) that [Arechiga] was told his salary covered both his regular and over-time hours; and (6) the agreement must have been reached before the work was performed.

In Arechiga’s case, an agree-ment was reached under which the worker would work Monday through Saturday, 11 hours a day, and for these hours he would receive a guaranteed salary of $880 per week.

What does this all mean? What if the employee’s over-time fails to materialize, and he usually only works eight hours a day? Can his “sal-ary” be reduced accordingly? No, silly reader; what do you think “salaried employee” means? What if it turns out that the employee has daily overtime hours on the high side, even though the weekly overtime hours fit within the expected range? Well, the old case law talked exclu-sively about a weekly (over 40 hours) overtime rate, so maybe daily rate lapses can

be ignored. But then again, most or all of the old cases came down during periods when there was no require-ment of daily overtime, so they may not provide the best of guides.

What happens if the weekly overtime hours come in above the amount anticipated– or even way high, and on a re-current basis? Good question. And hard to predict the an-swer, since the old cases ap-parently arose, like Arechiga itself, in employments with high, but regular hours—week in, week out, the worker would put in 60 hours, not 120 in one week and 40 in the next.

But we’re getting way ahead of ourselves. As I write this, the time for appeal has not yet run, so there is no assurance that Arechiga will become the law of California. It may be overturned by the California Supreme Court, or overruled by the legislature. Even if it survives, it will likely be construed narrowly by the courts, which will insist on clear proof of each of its six elements. Hence, at this early point, all I can say is, “News when it happens; watch this column.”

The Legal Lectern: explicit Mutual Wha?Jay W. Luther, Attorney at Law Law Offices of Jay W. Luther415-456-6197 • jluther@lutherlaw.com

“Manyemployershavetriedtoturnsomeworkersinto“independentcontractors”toavoidovertime,andhavethenbeenhitwithavarietyoflawsuits,taxes,andpenalties.”

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A Chamber Year in Pictures (continued)

December

November

October

September

(L to R): Jay Luther, Chairman of the Board, San Anselmo Chamber; Rachel Stanbro; Kris Kelso, State Farm Insurance & Chamber Ambassador Chair; Connie Rodgers, President/CEO San Anselmo Chamber; Kiarro Wong; Connie Wong, Jump N Bounce! Owner; Yeelan Edwards; Jordan Sanchez; and Dr. Adam Cantor, Cantor Chiropractic Center and Vice Chairman San Anselmo Chamber of Commerce.

With the help of our Adopt-a-Family sponsors—San Anselmo Chamber of Commerce, Cucina

Restaurant & Wine Bar, and Marin Running Company—and

generous contributions from our community, we raised over

$13K for our families in need! Pictured here: Donna Krietzman

of Cucina, Jennifer Ferrari (whose family was one of three that benefitted from our holiday campaign), Connie Rodgers of

the San Anselmo Chamber, and Adrienne Murphy.

At the State of the Town & Business of the Year Luncheon, Senator Mark Leno presents Congressional Award to Dr. Adam Cantor.

The Spirit of Marin Awards Luncheon(far left) J. R. Hastings and Mary Serphos of The Aware Body with staff and friends.

The Holiday Lighting Ceremony sponsored by the San Anselmo Chamber of Commerce & San Anselmo Recreation Department

The San Anselmo & Corte Madera Chambers 2nd Annual Golf Tournament

State of the Town & Business of the Year Luncheon

The Spirit of Marin Awards Luncheon

Jump N Bounce Grand Re-Opening & Chamber Mixer

Mixer at the Law Offices of J.R. Hastings –co-sponsor The Aware Body

Adopt-a-Family Holiday Program

The San Anselmo Chamber Holiday Luncheon

The Holiday Lighting Ceremony