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CA Measure D - Library Parcel Tax Ballot Measureciry ofWWMO:� Agenda Item No: 3.b Meeting Date: March 7, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Robert F. Epstein, City Attorney City Manager Approval: TOPIC: SPECIAL LIBRARY SERVICES PARCEL TAX BALLOT MEASURE SUBJECT: CITY ATTORNEY'S IMPARTIAL ANALYSIS OF SAN RAFAEL SPECIAL LIBRARY SERVICES PARCEL TAX MEASURE RECOMMENDATION: Review and accept the City Attorney's Impartial Analysis for the San Rafael Special Library Services Parcel Tax Measure on the June 7, 2016 ballot. BACKGROUND: On February 16, the City Council adopted Resolution No. 14070 calling a Special Municipal Election for June 7, 2016 and placing the San Rafael Special Library Services Parcel Tax Measure on the ballot at that election. (Attachment B) The Council also directed the City Attorney to prepare an impartial analysis of the measure to be filed with the City Clerk and printed in the voter information pamphlet. The impartial analysis is not meant to advocate a position on the measure, but rather must impartially disclose the effect of the measure on the existing law and the operation of the measure. The County Registrar of Voters will assign a letter designation to the measure at a later date. The City Attorney has prepared the impartial analysis and it is attached for the Council's review. (Attachment A) ACTION REQUIRED: Accept report. FISCAL IMPACT: None. ATTACHMENTS: A. Impartial Analysis by the City Attorney —Measure B. Resolution No. 14070 FOR CITY CLERK ONLY File No.: 9-4 June 7, 20106 — Measure D Council Meeting: 03/07/2016 Disposition: Accepted Report IMPARTIAL ANALYSIS PREPARED BY THE CITY ATTORNEY MEASURE The San Rafael City Council has placed this measure on the ballot. If approved by the voters, this measure would extend, revise, and increase the existing Special Library Services Parcel Tax on residential and nonresidential parcels in San Rafael. San Rafael's existing Special Library Services Parcel Tax is set to expire on June 30, 2017. This measure would extend the parcel tax for an additional nine years starting July 1, 2017. The measure would increase the tax rate for Single Family Residential Parcels and Nonresidential Parcels from $49 to $59 per parcel per year. For other parcels with one or more living units, the measure would increase the tax rate from $49 per parcel plus $10 per living unit (to a maximum of $1,000) per year, to $59 per parcel plus $10 per living unit (to a maximum of $1,000) per year. This measure would also provide for annual adjustments of the tax rate, starting in the second year, commensurate with the annual percentage increase, if any, to the San Francisco -Oakland -San Jose Price Index for All Urban Consumers ("CPI"), but not to exceed 3% annually. The tax would be included on and payable with the property owner's Marin County property tax bill. Under the existing Special Library Services Parcel Tax, some parcels that are improved with one or more living units may not have been assessed for the tax, because they are not designated on the Marin County Assessor's Office roll as "single family residential" or "multiple family residential." This measure would revise definitions used in the existing tax for "Single Family Residential Parcel", "Multifamily Residential Parcel", and "Nonresidential Parcel", and add a new definition of "Other Residential Parcel", in order to include for taxation all parcels 1 with one or more living units, regardless of how they are designated on the County Assessor's roll. These revisions may result in a change in the Special Library Services Parcel Tax assessment for some parcels beginning on July 1, 2017. The measure would provide an exemption from the tax, upon approved application to the Library Director, for a person 65 years or older who owns a parcel used solely for owner - occupied single family residential purposes. The measure would require that the tax proceeds be used only locally to staff, provide, and maintain hours of operation, services, equipment, programs and materials at the San Rafael Public Library. The measure would require that the tax proceeds be placed into a separate account subject to an annual report by the City's Finance Director. The measure would require the City Council, within 60 days after passage of the measure, to establish an independent residents' oversight committee to review the collection and expenditure of tax revenues, with duties to be established by resolution of the City Council. To become effective, this measure must be approved by two-thirds of the electors voting at the election. A YES vote approves the measure. A NO vote rejects the measure. 2 Robert F. Epstein City Attorney of San Rafael RESOLUTION NO. 14070 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7,2016; AND 2) ORDERING THE SUBMISSION OF A PROPOSITION OF LEVYING A SPECIAL LIBRARY SERVICES PARCEL TAX TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7,2016; AND 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 4) REQUESTING ELECTION SERVICES BY THE REGISTRAR OF VOTERS; AND 5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, the Charter of the City of San Rafael, Article N, Section 1, authorizes the City Council to call a special municipal election; and WHEREAS, community use of the Library has been continually increasing for decades, with particularly significant increases in several measures of usage, including circulation and attendance; and WHEREAS, the renewal of a local parcel tax dedicated to public library services and facilities would augment the capacity of the City of San Rafael to provide quality library services to its residents, over and above the proportional amount of the City's general fiend currently allocated to the Library; and WHEREAS, the City Council has determined to call a special municipal election to be held on June 7, 2016, to submit to the voters a ballot measure proposing the adoption of an ordinance amending the Municipal Code of the City of San Rafael to renew a Special Library Services Parcel Tax within the City for library services; and WHEREAS, under the proposed measure, the per parcel tax would increase from $49 to $59 per year (slightly more for multi -unit residential parcels) and would increase annually commensurate with the annual percentage increase to the San Francisco -Oakland -San Jose Price Index for All Urban Consumers ("CPI"), not to exceed 3% annually; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the special municipal election with any other election conducted on the same date; and WHEREAS, the City Council of the City of San Rafael may request election services by the Registrar of Voters of Marin County, California; NOW, THEREFORE, BE IT RESOLVED that pursuant to the requirements of the laws of the State of California there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, June 7, 2016, a special municipal election of the qualified electors of San Rafael, for the purpose of submitting to the electors of the City a proposition of levying a Special Library Services Parcel Tax. BE IT FURTHER RESOLVED that there shall be submitted to the voters of the City at the special municipal election to be held on June 7, 2016 the proposition attached hereto as Attachment "A" and incorporated herein by reference, to be known and referred to as the "SAN RAFAEL SPECIAL LIBRARY SERVICES PARCEL TAX MEASURE" or as "Measure_". [designation to be assigned by County Registrar of Voters] BE IT FURTHER RESOLVED that pursuant to Section 13247 of the Elections Code, the Council hereby directs the Registrar of Voters to use the following abbreviation of the tax proposition on the ballot: "To provide a critical, consistent, locally -controlled funding source, YES augmenting current general fund allocations for the San Rafael Public Library NO to maintain library hours, equipment, materials, and services for children, teens, and adults, shall the City of San Rafael be authorized to levy an annual $59 parcel tax (slightly higher for multiple -residential unit parcels) for a period of nine (9) years with annual CPI adjustment, oversight by an independent citizens committee and exemptions for senior citizens?" BE IT FURTHER RESOLVED that the Registrar of Voters of the County is hereby requested to reprint the full text of the proposition, which is all that portion of this Resolution set forth in Attachment "A", in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the proposition is not reprinted in the voter information pamphlet, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the tax proposition, in no less than 10 -point boldface type, a legend substantially as follows: "The above statement is an impartial analysis of Measure __. If you desire a copy of the measure, please call the San Rafael City Clerk at 415-485-3065 and a copy will be mailed at no cost to you." BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin is hereby requested to: 1) Consolidate said election with any other election conducted on the same day; and 2) Authorize and direct the Registrar of Voters, at City expense, to provide the following election services and to canvass the results of said election: • Provide Voter Indexes • Provide Voter Count by Precinct • Provide Drayage and Rental of Polling Places • Provide Printing of Sample and Official Ballots • Provide Printing of Measures and Arguments • Appoint and Notify Election Officers • Mail Sample Ballots and Polling Place Notification • Provide Precinct Supplies • Provide Training of Precinct Workers • Provide Processing of Vote by Mail Ballots • Provide Central Counting • Provide Canvass of Votes Cast • Provide such other services as are necessary to conduct the Special Municipal Election BE IT FURTHER RESOLVED that: 1) The ballots to be used at the election shall be in both form and content as required by law. 2) The polls for said election shall be opened at seven o'clock (7:00 a.m.) on the day of said election and shall remain open continuously from said time until eight o'clock (8:00 p.m.) of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. 3) In all the particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. 4) Notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law. 5) Pursuant to Elections Code section 9285, the City Council of the City of San Rafael hereby directs the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the final date for filing direct arguments. 6) Pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs the City Attorney to prepare an impartial analysis of said ballot Measure. 7) The City of San Rafael recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 8) This Resolution shall be effective immediately upon its adoption by the City Council. 9) The City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesdav, the 16`h day of Februarv, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gamblin <z- ESTHER C. BEIRNE, City Clerk ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 3/7/2016 From: Lisa Goldfien Department: City Attorney Date: 2/25/2016 Topic: SPECIAL LIBRARY SERVICES PARCEL TAX BALLOT MEASURE Subject: CITY ATTORNEY'S IMPARTIAL ANALYSIS OF SAN RAFAEL SPECIAL LIBRARY SERVICES PARCEL TAX MEASURE Type: ❑ Resolution ❑ Ordinance ❑ Professional Services Agreement ® Other: Report APPROVALS ® Finance Director Remarks: approved - MM ® City Attorney Remarks: 2/25/16 ® Author, review and accept City Attorney / Finance changes Remarks: 2/29/16 ® City Manager Remarks: