HomeMy WebLinkAboutLib Library Parcel Tax Increase 2016CITY OF Agenda Item No: 5_a
Meeting Date: February 16, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: LIBRARY
Prepared by: SARAH HOUGHTON, LIBRARY City Manager Approval:
DIRECTOR
TOPIC: AUTHORIZE A BALLOT MEASURE TO RENEW THE SPECIAL LIBRARY SERVICES
PARCELTAX
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING
A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2016 AND
ORDERING THE SUBMISSION OF A BALLOT MEASURE TO INCREASE AND
RENEW A SPECIAL LIBRARY SERVICES PARCEL TAX TO THE QUALIFIED
VOTERS OF THE CITY OF SAN RAFAEL AT THAT ELECTION
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution calling for a Special Municipal
Election and placing the Special Library Services Parcel Tax renewal on the ballot for June 7, 2016.
BACKGROUND:
On June 8, 2010, San Rafael voters passed a Special Library Services Parcel Tax adopted by Measure
C to provide for the Downtown and Pickleweed Libraries staffing, hours of operation, services,
equipment, facilities, materials, programs, and to help with the City's long-term goal of setting aside
funds for necessary facility improvements to the San Rafael Public Library. This tax is set to expire in
2017 unless it is renewed by the City's voters. Without a renewal of the Special Library Services Parcel
Tax, the San Rafael Public Library has made the determination that there will be an immediate and
inevitable reduction in services, in the form of a loss of open hours to the public, amount of materials
available in the libraries and through the digital branch, facility maintenance, and outreach to schools.
Since the passage of the Special Library Services Parcel Tax in 2010, the Library has been in higher
demand than ever for its services, with remarkable increases in circulation of physical materials,
computer use, eBook and digital material use, attendance at storytimes and programs, and research
questions.
For the five years of the tax thus far, the Library has been able to use the parcel tax funding for the
following purposes:
FOR CITY CLERK ONLY
File No.: 9-4 June 7, 2016
Council Meeting: 02/16/2016
Disposition: Resolution 14070
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Expanding hours at the Downtown Library by 7 hours per week and at the Pickleweed Library
by 5 hours per week
• Adding hundreds of new classes, storytimes, workshops, and other events for pre-schoolers,
school age children, teens, adults, and seniors
• Increasing outreach, programs, and coordination with San Rafael schools, students, and
teachers
• Purchasing $390,000 in additional books, magazines, and newspapers for use by the San
Rafael community
• Licensing $152,000 in additional eBooks and other digital resources for use by the San Rafael
community from the comfort of their homes, workplaces, or schools
• Performing $74,000 in facility maintenance and improvements
• Saving $541,195 for the purpose of building a new library for San Rafael
ANALYSIS:
The attached Resolution proposes calling a Special Municipal Election for June 7, 2016 and placing a
Special Library Services Parcel Tax renewal measure on the election ballot. If passed by two-thirds of
the electors voting on the tax measure, the measure would adopt an ordinance amending Chapter 3.36
of the San Rafael Municipal Code --the existing Special Library Services Parcel Tax. The amended
ordinance, attached as Attachment "A" to the Resolution (Attachment 1) would extend the Special
Library Services Parcel Tax for a period of nine (9) years and would increase the per parcel tax from
$49 to $59. As with the present tax, on parcels with multiple residences, the renewed tax would add
$10 per living unit in excess of one, up to a maximum tax of $1,000 per parcel.
The proposed measure also includes a new provision for annual adjustments commensurate with the
annual percentage increase, if any, to the San Francisco -Oakland -San Jose Price Index for All Urban
Consumers ("CPI"), not to exceed 3% annually. Further, the measure revises the definitions of the
categories of taxable property so as to better match the property use categories used by the County
Assessor's Office. To the existing land use categories, "single family residential", "multifamily
residential" and "nonresidential" is added a fourth category called "other residential", intended to apply
to certain properties, such as mixed-use properties with living units, that were erroneously omitted from
taxation because of conflicts with the Assessor's use categories.
As with the parcel tax passed in 2010, the proposed measure provides for an exemption for single
family residential parcels owned and occupied by senior citizens, upon application to the City. The City
is not proposing any additional exemptions for this tax. Under the proposed measure, proceeds of the
special parcel tax would be placed in a separate fund to be used only locally and for the prescribed
library services. A citizens' oversight committee, appointed by the City Council, will continue to review
the collection and use of the funds with an annual report to City Council.
By adopting the attached Resolution, the Council would call the Special Municipal Election for June 7,
2016, submit the Special Library Services Parcel Tax measure to the voters at that election, request
consolidation of the City's election with other elections occurring on that date, request election services
from the County, and direct the City Attorney to prepare an impartial analysis of the measure for the
voter materials. The City Clerk has determined that this election will cost the City a maximum of
$88,000.
Attachment "A" to the Resolution, the full text of the measure, would be included in the voter materials,
with the ballot including the following abbreviation of the measure:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
"To provide a critical, consistent, locally -controlled funding source, augmenting current
general fund allocations for the San Rafael Public Library 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?"
As noted above, the measure would pass, and the ordinance imposing the tax would be adopted, only if
approved by a two-thirds vote of the electors at the June 7 election. The tax would commence to be
levied in FY 2017-2018, following expiration of the current tax.
Staff has determined that the Council's action would not have any effect on the physical environment
and therefore is not a project subject to the California Environmental Quality Act (CEQA).
COMMUNITY OUTREACH:
The Library has conducted extensive community outreach from 2012 to the present in the form of
surveys, community meetings, visioning sessions, and workshops to determine what the community of
San Rafael wants to see in its library services. In addition, the Library Board of Trustees meets monthly
to review library services, expenditures of both General Fund and Parcel Tax monies, and to advise on
changes or expansions to library services. Finally, the Special Library Parcel Tax committee has met
and reported to City Council annually in review of the Library's use of the Special Library Parcel Tax
monies.
FISCAL IMPACT:
As noted above, a special election would come at a cost to the City of a maximum of $88,000. Funds
are available in and will be appropriated in the City Clerk's general fund for this proposed expenditure.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Approve Resolution calling a Special Municipal Election on June 7, 2016 and placing the
proposed measure on the ballot;
2. Ask for additional staff work on the Resolution and return to the City Council;
3. Do not approve the Resolution
RECOMMENDED ACTION:
Approve the 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 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 County Clerk, and
5. Requesting the City Attorney to prepare an impartial analysis of the measure
ATTACHMENTS:
Resolution with Attachment "A" — full text of ballot measure (Ordinance)
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 IV, 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 fund 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 regfilar meeting of the City
Council of said City held on Tuesday, the 16th day of February. 2016 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
ESTHER C. BEIRNE, City Clerk
FULL TEXT OF MEASURE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 3.36 OF THE SAN RAFAEL MUNICIPAL CODE
EXTENDING, REVISING AND INCREASING THE EXISTING
SPECIAL LIBRARY SERVICES PARCEL TAX SUBJECT TO
APPROVAL OF TWO-THIRDS OF THE ELECTORS VOTING
ON THE TAX MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2016
The City Council of the City of San Rafael hereby makes the following findings in
connection with the adoption of this Ordinance:
DIVISION 1.
WHEREAS, in 2010, the San Rafael community voted in favor of Measure C, adding
Chapter 3.36 to the San Rafael Municipal Code establishing a local special parcel tax dedicated
to public library services and facilities as authorized by Government Code section 53717; and
WHEREAS, the City has used these funds for a number of purposes, including staffing,
providing, maintaining and improving hours of operation, services, equipment, and materials at
the San Rafael Public Library; providing and improving programs and materials for children,
teens, adults, seniors, literacy learners and people with disabilities at the San Rafael Public
Library; and
WHEREAS, given the fiscal challenges that all cities have faced in recent years,
Measure C proved essential for maintaining necessary library services in San Rafael; and
WHEREAS, Measure C funding is scheduled to expire, and if the City were to address
this loss of locally -controlled funding with expenditure reductions alone it would have to
consider cuts to open hours at the Pickleweed and Downtown libraries, book and periodical
purchases, licensed digital resources and eBooks, and outreach to schools; and
WHEREAS, after study of the financial issues facing the City, and following numerous
discussions with residents, neighborhood associations and business and service groups, and after
extensive efforts to gauge the public's opinions and priorities through several surveys of San
Rafael residents, the City Council has determined that the most prudent, reasonable and
financially responsible action it can take to preserve an adequate level of library services is to
place before the voters a ballot measure to extend the existing special library parcel tax for a
period of 9 years, and to recommend its adoption to the voters; and
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WHEREAS, if the extended and increased special parcel tax is approved by the voters at
the municipal election on June 7, 2016, the existing tax will remain in effect until June 30, 2017,
and the extended and increased tax will become effective on July 1, 2017;
NOW THEREFORE, the City Council of the City of San Rafael does hereby Ordain as
follows:
DIVISION 2.
Chapter 3.36 of the San Rafael Municipal Code is hereby amended to read in its entirety
as follows:
Chapter 3.36
SPECIAL LIBRARY SERVICES PARCEL TAX
3.36.010 -- Purposes.
This Chapter is adopted to achieve the following, among other purposes, and the City
Council directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To staff, provide, and maintain hours of operation, services, equipment, and
materials at the San Rafael Public Library; and
B. To provide programs and materials for children, teens, adults, seniors, literacy
learners and people with disabilities at the San Rafael Public Library.
3.36.020 -- Definitions.
As used in this Chapter:
A. "Library" means the San Rafael Public Library;
B. "Living unit" means an individual dwelling space intended for occupancy by one
or more persons, and shall specifically include a manufactured home/mobilehome as defined in
section 20.04.020H of this Code.
C. "Parcel" means any parcel of land, vacant, or improved, and wholly or partially
located within the City of San Rafael, for which the County Assessor of Marin County has
assigned an assessor's identification number for purposes of property tax collection.
D. "Single family residential parcel" means any parcel that is determined by the City
of San Rafael from records on file with the County of Marin or the City of San Rafael to be used
or zoned to allow for a single primary living unit, regardless whether such parcel may be
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designated on the rolls of the County Assessor as "subject to exemption," and may include an
attached single family residence such as a condominium, townhouse or stock cooperative.
E. "Multifamily residential parcel" means any parcel used or zoned for multiple
living units as determined by the City of San Rafael from records on file with the County of
Marin or the City of San Rafael, and including but not limited to parcels designated on the rolls
of the Marin County Assessor as used for multiple family or duplex residential use, and such
parcels that may be designated for multiple manufactured homes/mobilehomes, or as "subject to
exemption."
F. "Nonresidential parcel" means any parcel that is not a "single family residential
parcel" or a "multifamily residential parcel" or an "other residential parcel" as defined herein.
G. "Other residential parcel" means any parcel other than a "single family residential
parcel" or "multifamily residential parcel" that is improved with or zoned to allow one or more
living units as determined by the City of San Rafael from records on file with the County of
Marin or the City of San Rafael, including but not limited to a parcel with mixed residential and
other use, a parcel with a "second dwelling unit" as defined in section 14.03.030 of this Code,
and a parcel that may be designated for multiple manufactured homes/mobilehomes, and
regardless whether such parcel may be designated on the rolls of the Marin County Assessor as
"subject to exemption," commercial, or industrial.
H. "Tax" means the Special Library Services Parcel Tax imposed under the
provisions of this Chapter.
3.36.030 -- Imposition of Tax.
An annual Special Library Services Parcel Tax is hereby imposed pursuant to City
Charter and Government Code section 53717 on each parcel within the City of San Rafael for the
purposes set forth in this Chapter, at the following rates:
Single family residential parcel:
Multifamily residential parcel or
Other residential parcel:
Nonresidential parcel:
Fifty-nine dollars ($59) per parcel.
Fifty-nine dollars ($59) per parcel plus Ten
dollars ($10) per living unit in excess of one,
up to a maximum tax of $1,000 per year per
parcel.
Fifty-nine dollars ($59) per parcel.
The foregoing tax rates shall be adjusted annually after the 2017-2018 fiscal year,
commensurate with the annual percentage increase, if any, in the previous fiscal year to the San
Francisco -Oakland -San Jose Price Index for All Urban Consumers ("CPP'), not to exceed 3%
3
annually. In no event shall such adjustment cause the foregoing tax rates to be adjusted
downward.
3.36.040 — Term.
The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually
for nine (9) years commencing in fiscal year 2017-2018.
3.36.050 -- Proceeds of Tax; Accountability Measures.
All proceeds of the Special Library Services Parcel Tax imposed and levied pursuant to
this Chapter shall be deposited into a separate "Special Library Services Parcel Tax" account to
be used exclusively locally for the Library for the purposes set forth in this Chapter. The City's
Finance Director shall prepare an annual report pursuant to Government Code Section 50075.3.
3.36.060 — Persons Liable for Tax; Collection of Tax.
The tax imposed by this Chapter is not an ad valorem tax on property. The tax imposed
by this Chapter is due from every person who is the owner of a parcel within the City of San
Rafael, as reflected upon the rolls of the County Assessor of Marin County, unless that person or
parcel is otherwise exempted by this Chapter. The Marin County Tax Collector shall collect the
tax in the same manner and subject to the same penalties as County property taxes are collected.
The full amount due under this Chapter shall constitute a debt to the City. An action for the
collection of any amount due may be commenced in the name of the City in any court having
jurisdiction of the cause.
3.36.070 — Exclusions and Exemptions.
A. Nothing in this chapter shall be construed as imposing a tax upon any person
where imposition of such tax upon that person would be in violation of either the United States
Constitution or the California State Constitution or other applicable law.
B. The tax imposed by this chapter shall not be levied in any tax year upon any
federal, state or local governmental entity.
C. Any owner of a single family residential parcel, as defined herein, used solely for
owner -occupied single-family residential purposes who has attained, or will have attained, the
age of 65 years or older prior to July 1 of the tax year, may obtain an exemption from the Special
Library Services Parcel Tax for that parcel upon approval of an application of such owner
submitted to the Library Director or his or her designee. Any one application from a qualified
applicant will provide an exemption for the parcel for the remaining term of the tax so long as
such applicant continues to own and use the parcel as his or her principal residence.
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3.36.080 -- Independent Resident Oversight.
Within 60 days after the effective date of this Chapter, the City Council shall establish a
Special Library Parcel Tax Committee to review the collection and expenditure of tax revenues
collected under the authority of this Chapter. The Committee shall consist of at least five
members, who shall be residents of the City. The terms of the Committee members and their
specific duties shall be established by resolution of the City Council.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4:
This ordinance levying the tax described herein shall be effective ten days after the date
on which the City Council has declared its approval by at least two-thirds of the City's electors
voting at the special municipal election to be held on Tuesday, June 7, 2016; and the Special
Library Services Parcel Tax so established shall be levied annually for nine (9) years, beginning
in fiscal year 2017-2018 and shall thereafter expire unless extended with the approval of two-
thirds of the electors voting upon the extension at a general or special municipal election.
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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:) 4 CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 2/16/2016
From: Sarah Houghton
Department: Library
Date: 2/8/2015
Topic: Special Library Parcel Tax renewal
Subject: Authorize a ballot measure to renew the Special Library Parcel Tax
Type: ® Resolution ® Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: approved - MM 2/8
® City Attorney
Remarks: LG -Approved 2/8/16.
® Author, review and accept City Attorney / Finance changes
Remarks: SH -approved -2/9/16
® City Manager
Remarks:
::: First Nano
Kay
Last Name
NoRuchi
Address 1
554 Woodbine DriNe
Address 2
City
San Ralacl
State
CA
Zip Code
94903
Plione Number
415-=472-5565
Email Address
kno *uchi Clconn•ast.nct
Please enter your questions/comments below
Before incrcasine the amount and term ol'the library's parcel tax. I Nvould want to know the opinion of the Citi/en',, Oversight
Cllmnlitlee on the lust (undine cycle. Did the library Fulfill its promises to tax payers? Since the hulk ol'the budget is for
personnel. 1 would question wlty the lihrary has mo full-time managers. When I first worked at the library, the Assistant Director
was half-time nutnaecment, hall -time public ser%ice. During the budget crunch, the Assistant Director position was eliminated.
When the first parcel tax passed, the Director's first action was to hire an Assistant Director as a full time manager. I agree that
the library needs two management positions, but 1 question the need for two full time managers. I would also ask how the stafl-my.
levels compare "ith other husy libraries such as Novato and Corte Madera. The library has moved to sell' -checkout. hilt has that
Please enter lour questions/comments belo-w
Citv Council-
Please review my e-mail (helow)to Mr. Schult/ regarding the proposed library tax extension
1 Would rather e-mail than %Haste Council time listening to me.
Thanks.
Jon
Thar Mr. Schutt:
Rather than speak at this evenings meeting, please accept this note as a sues*estion regardin * the pending library tax extension.
While I am in favor of the tax, in fairness please consider excluding Small unimproved parcels from the tax rather than a blanket
parcel tax per se.
This Would Seem more equitable as only people can use the library. B)' \spay ol' full disclosure. this iS self -sell Serving but
reasonable. I o,�\n a small (1.000 sq.)unimpro%cd parcel adjacent to my single family home. I suspect spirit of me measure Should
exclude me from double taxation. Certainly I'm not alone.
Please heing the e-mail to attention of the Cit}' Council.
Thanks for your consideration.
Jon Stearns
Tcrra Linda resident
j --:17 7-*.
miwan CRy
nn \Indo
CITY OF
�WI `
MAYOR GARY O. PHILLIPS
e6401 VICE MAYOR KATE COLIN
COL NCILMEMBER MARIBETH BUSHEL
COUNCILMENIBER JOHN GAMBLIN
---- COUNCILMEMBER ANDREW MCCULLOUGH
CITY CLERK'S OFFICE
PHONE: 415-485-3065
FAX: 415-459-2242
February 26, 2016
Clerk of the Board, Diane Patterson
Marin County Board of Supervisors
Marin County Civic Center
3501 Civic Center Drive, Room 329
San Rafael, CA 94903
RE: SPECIAL MUNICIPAL ELECTION — JUNE 7, 2016
Dear Diane:
Enclosed is certified copy of Resolution No. 14070, with Attachment A — Full Text of Measure - adopted by
the San Rafael City Council on Tuesday, February 16, 2016:
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
Sincerely,
ESTHER C. BEIRNE
City Clerk
cc:
Lynda Roberts
Marin County Registrar of Voters
3501 Civic Center Drive, Room 121
San Rafael, CA 94903
Encls.
1400 FIFTH AVENUE • PO Box 151560 • SAN RAFAEL. CA 94915-1560
W W W.CITYOFSANRAFAEL.ORG
Esther Beirne
From: Esther Beirne
Sent: Friday, February 26, 2016 1:11 PM
To: danmiller@marincounty.org
Subject: Consolidation Resolution + Measure Text - City of San Rafael
Attachments: election_2016_lib.pdf; LIB-Resolution-160216-ParcelTax.doc; LIB -Ordinance -160216 -
Parcel Tax.doc
Hi Dan: I am attaching the following:
Letter sent to the Board of Supervisors (copied to Lynda) for the Special Library Services Parcel Tax Measure for the June
7, 2016 ballot;
Resolution requesting Consolidation; and (This resolution is a Word version, signed resolution in mail).
Full Text of Measure. Word version.
Please let me know if you need anything else at this time.
We will have the Attorney's Impartial Analysis on the agenda for March 7th and I will send a copy immediately it is
approved by the City Council.
Have a great weekend
Esther
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 IV, 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 fund 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 regfilar meeting of the City
Council of said City held on Tuesday, the 16th day of February. 2016 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
ESTHER C. BEIRNE, City Clerk
FULL TEXT OF MEASURE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 3.36 OF THE SAN RAFAEL MUNICIPAL CODE
EXTENDING, REVISING AND INCREASING THE EXISTING
SPECIAL LIBRARY SERVICES PARCEL TAX SUBJECT TO
APPROVAL OF TWO-THIRDS OF THE ELECTORS VOTING
ON THE TAX MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2016
The City Council of the City of San Rafael hereby makes the following findings in
connection with the adoption of this Ordinance:
DIVISION 1.
WHEREAS, in 2010, the San Rafael community voted in favor of Measure C, adding
Chapter 3.36 to the San Rafael Municipal Code establishing a local special parcel tax dedicated
to public library services and facilities as authorized by Government Code section 53717; and
WHEREAS, the City has used these funds for a number of purposes, including staffing,
providing, maintaining and improving hours of operation, services, equipment, and materials at
the San Rafael Public Library; providing and improving programs and materials for children,
teens, adults, seniors, literacy learners and people with disabilities at the San Rafael Public
Library; and
WHEREAS, given the fiscal challenges that all cities have faced in recent years,
Measure C proved essential for maintaining necessary library services in San Rafael; and
WHEREAS, Measure C funding is scheduled to expire, and if the City were to address
this loss of locally -controlled funding with expenditure reductions alone it would have to
consider cuts to open hours at the Pickleweed and Downtown libraries, book and periodical
purchases, licensed digital resources and eBooks, and outreach to schools; and
WHEREAS, after study of the financial issues facing the City, and following numerous
discussions with residents, neighborhood associations and business and service groups, and after
extensive efforts to gauge the public's opinions and priorities through several surveys of San
Rafael residents, the City Council has determined that the most prudent, reasonable and
financially responsible action it can take to preserve an adequate level of library services is to
place before the voters a ballot measure to extend the existing special library parcel tax for a
period of 9 years, and to recommend its adoption to the voters; and
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WHEREAS, if the extended and increased special parcel tax is approved by the voters at
the municipal election on June 7, 2016, the existing tax will remain in effect until June 30, 2017,
and the extended and increased tax will become effective on July 1, 2017;
NOW THEREFORE, the City Council of the City of San Rafael does hereby Ordain as
follows:
DIVISION 2.
Chapter 3.36 of the San Rafael Municipal Code is hereby amended to read in its entirety
as follows:
Chapter 3.36
SPECIAL LIBRARY SERVICES PARCEL TAX
3.36.010 -- Purposes.
This Chapter is adopted to achieve the following, among other purposes, and the City
Council directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To staff, provide, and maintain hours of operation, services, equipment, and
materials at the San Rafael Public Library; and
B. To provide programs and materials for children, teens, adults, seniors, literacy
learners and people with disabilities at the San Rafael Public Library.
3.36.020 -- Definitions.
As used in this Chapter:
A. "Library" means the San Rafael Public Library;
B. "Living unit" means an individual dwelling space intended for occupancy by one
or more persons, and shall specifically include a manufactured home/mobilehome as defined in
section 20.04.020H of this Code.
C. "Parcel" means any parcel of land, vacant, or improved, and wholly or partially
located within the City of San Rafael, for which the County Assessor of Marin County has
assigned an assessor's identification number for purposes of property tax collection.
D. "Single family residential parcel" means any parcel that is determined by the City
of San Rafael from records on file with the County of Marin or the City of San Rafael to be used
or zoned to allow for a single primary living unit, regardless whether such parcel may be
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designated on the rolls of the County Assessor as "subject to exemption," and may include an
attached single family residence such as a condominium, townhouse or stock cooperative.
E. "Multifamily residential parcel" means any parcel used or zoned for multiple
living units as determined by the City of San Rafael from records on file with the County of
Marin or the City of San Rafael, and including but not limited to parcels designated on the rolls
of the Marin County Assessor as used for multiple family or duplex residential use, and such
parcels that may be designated for multiple manufactured homes/mobilehomes, or as "subject to
exemption."
F. "Nonresidential parcel" means any parcel that is not a "single family residential
parcel" or a "multifamily residential parcel" or an "other residential parcel" as defined herein.
G. "Other residential parcel" means any parcel other than a "single family residential
parcel" or "multifamily residential parcel" that is improved with or zoned to allow one or more
living units as determined by the City of San Rafael from records on file with the County of
Marin or the City of San Rafael, including but not limited to a parcel with mixed residential and
other use, a parcel with a "second dwelling unit" as defined in section 14.03.030 of this Code,
and a parcel that may be designated for multiple manufactured homes/mobilehomes, and
regardless whether such parcel may be designated on the rolls of the Marin County Assessor as
"subject to exemption," commercial, or industrial.
H. "Tax" means the Special Library Services Parcel Tax imposed under the
provisions of this Chapter.
3.36.030 -- Imposition of Tax.
An annual Special Library Services Parcel Tax is hereby imposed pursuant to City
Charter and Government Code section 53717 on each parcel within the City of San Rafael for the
purposes set forth in this Chapter, at the following rates:
Single family residential parcel:
Multifamily residential parcel or
Other residential parcel:
Nonresidential parcel:
Fifty-nine dollars ($59) per parcel.
Fifty-nine dollars ($59) per parcel plus Ten
dollars ($10) per living unit in excess of one,
up to a maximum tax of $1,000 per year per
parcel.
Fifty-nine dollars ($59) per parcel.
The foregoing tax rates shall be adjusted annually after the 2017-2018 fiscal year,
commensurate with the annual percentage increase, if any, in the previous fiscal year to the San
Francisco -Oakland -San Jose Price Index for All Urban Consumers ("CPP'), not to exceed 3%
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annually. In no event shall such adjustment cause the foregoing tax rates to be adjusted
downward.
3.36.040 — Term.
The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually
for nine (9) years commencing in fiscal year 2017-2018.
3.36.050 -- Proceeds of Tax; Accountability Measures.
All proceeds of the Special Library Services Parcel Tax imposed and levied pursuant to
this Chapter shall be deposited into a separate "Special Library Services Parcel Tax" account to
be used exclusively locally for the Library for the purposes set forth in this Chapter. The City's
Finance Director shall prepare an annual report pursuant to Government Code Section 50075.3.
3.36.060 — Persons Liable for Tax; Collection of Tax.
The tax imposed by this Chapter is not an ad valorem tax on property. The tax imposed
by this Chapter is due from every person who is the owner of a parcel within the City of San
Rafael, as reflected upon the rolls of the County Assessor of Marin County, unless that person or
parcel is otherwise exempted by this Chapter. The Marin County Tax Collector shall collect the
tax in the same manner and subject to the same penalties as County property taxes are collected.
The full amount due under this Chapter shall constitute a debt to the City. An action for the
collection of any amount due may be commenced in the name of the City in any court having
jurisdiction of the cause.
3.36.070 — Exclusions and Exemptions.
A. Nothing in this chapter shall be construed as imposing a tax upon any person
where imposition of such tax upon that person would be in violation of either the United States
Constitution or the California State Constitution or other applicable law.
B. The tax imposed by this chapter shall not be levied in any tax year upon any
federal, state or local governmental entity.
C. Any owner of a single family residential parcel, as defined herein, used solely for
owner -occupied single-family residential purposes who has attained, or will have attained, the
age of 65 years or older prior to July 1 of the tax year, may obtain an exemption from the Special
Library Services Parcel Tax for that parcel upon approval of an application of such owner
submitted to the Library Director or his or her designee. Any one application from a qualified
applicant will provide an exemption for the parcel for the remaining term of the tax so long as
such applicant continues to own and use the parcel as his or her principal residence.
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3.36.080 -- Independent Resident Oversight.
Within 60 days after the effective date of this Chapter, the City Council shall establish a
Special Library Parcel Tax Committee to review the collection and expenditure of tax revenues
collected under the authority of this Chapter. The Committee shall consist of at least five
members, who shall be residents of the City. The terms of the Committee members and their
specific duties shall be established by resolution of the City Council.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4:
This ordinance levying the tax described herein shall be effective ten days after the date
on which the City Council has declared its approval by at least two-thirds of the City's electors
voting at the special municipal election to be held on Tuesday, June 7, 2016; and the Special
Library Services Parcel Tax so established shall be levied annually for nine (9) years, beginning
in fiscal year 2017-2018 and shall thereafter expire unless extended with the approval of two-
thirds of the electors voting upon the extension at a general or special municipal election.
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