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Lib Special Municipal Election 2010��� of Agenda Item No: 9 Meeting Date: February 16, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Library Prepared by: David Dodd, Library Director City Manager Approval: 1 SUBJECT: Consideration of a Resolution calling a special municipal election to be held on June 8, 2010 and ordering the submission of a measure of levying 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 placing the Special Library Services Parcel Tax on the ballot for June 8, 2010. BACKGROUND: The City of San Rafael is in the midst of a lengthy economic downturn, which has led to budget cuts for all City departments. The San Rafael Public Library, facing a 10% budget reduction in the current fiscal year, and a projected 10% cut in the next fiscal year, with no prospect of an improved budget situation in ensuing years, has made the determination that a reduction in services, in the form of a loss of open hours to the public, is inevitable. At the same time, the Library is in higher demand than ever for its services, having seen large increases in overall circulation, attendance, and reference questions in the past year. Through budget deliberations over the past two months, the City Council has directed Library staff to develop a strategic plan for Library services, including consideration of constant, lower or increased levels of funding. This process is underway, and a formal report will be provided to the community and City Council this coming spring. Meanwhile, the City is not alone among jurisdictions in Marin County in facing a difficult budget scenario. Given the lack of funding available, two other library jurisdictions have looked toward the possibility of a parcel tax to support library services: the Marin County Free Library, and the San Anselmo Library. In the case of the County Free Library, the Board of Supervisors has placed a $49 parcel tax measure on the June 2010 ballot; in San Anselmo's case, an effort is underway, and looks to be successful, to place a $49 parcel tax measure on the ballot by petition initiative. Asked to report to the City Council on the steps involved in placing such a measure on the ballot for San Rafael voters, the Library Director gave a presentation at a Study Session in mid-January. The Library Director indicated that preliminary calculations showed a potential revenue of around $800,000 annually for the period of the tax, which could be used to maintain and expand hours and the materials budget, as well as begin saving towards necessary long-term capital improvements, currently unfunded within the City budget. FOR CITY CLERK ONLY File No.: 41— L, Council Meeting: abbl'101 O Disposition: __&soz -riosu a aii�' SAN RAFAEL CITY C6&iNCIL AGENDA REPORT / Pam 2 A number of members of the public stepped forward at that meeting to express support for such an idea, and the Library Director was asked to see whether a campaign could be a practical possibility, and to bring his findings to the City Council at their February 1 meeting. Concurrently, the Library Director was asked to work with the City Attorney on a potential ordinance and ballot language. Between the January 19 Study Session and the February 1 meeting, an exploratory committee of citizens convened and began to think about campaign strategy and funding. The following community leaders committed to helping with the campaign, should a ballot measure be brought to the public at the June 2010 election: Carol Manashil, President, Friends of the San Rafael Public Library, co-chair Gary Phillips, former San Rafael City Council member, co-chair Mary Jane Burke, Marin County Schools Superintendent, honorary co-chair Patty Garbarino, Marin County Board of Education, honorary co-chair Pat Kendall, honorary co-chair Dr. Thomas Lohwasser, Dixie Elementary School District Superintendent, honorary co-chair Kerry Mazzoni, Former Assemblymember and former State Superintendent of Schools, honorary co-chair Michael Watenpaugh, Superintendent of Schools, San Rafael City Schools, honorary co-chair Paul Cohen Glena and Randy Coleman Pam Dixon Greg Knell Jeanne Leoncini Gordy Manashil Karen Nielsen Steve Patterson Sean Prendiville Jeff Schoppert Tracy Tandy This group subsequently conducted a very brief pledge campaign for funding, and found over $16,000 in commitments to the campaign. Additionally, the group commenced collecting signatures in support of placing the measure on the ballot, numbering over 1,000 signatures as of last week.. At the February 1 City Council meeting, the Library Director reported to the Council on this progress, and on the process that the City Attorney had made in drafting the potential ballot language and ordinance for the parcel tax measure. The Director also reported on polling data and independent analyses of the political chances for such a measure. The Director also reported on the finding by the City Clerk that such an election would cost the City between $40,000 and $70,000. Given the reported information, the Council asked the Library Director to proceed and bring a Resolution to the February 16 meeting, embodied by this staff report and Resolution. ANALYSIS: The attached Resolution proposes placing a Special Library Services Parcel Tax on the June 8, 2010 election ballot. If passed, the measure would adopt an ordinance adding new Chapter 3.36 to the San Rafael Municipal Code imposing a $49 per parcel tax for a period of seven (7) years. On parcels with multiple residences, the tax adds $10 per living unit up to a maximum tax of $1,000 per parcel. The tax would be collected by the County Assessor and Tax Collector in conjunction with County property taxes. The ordinance 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 to any additional exemptions for this tax, except for those required under County Assessor policies. Certain other tax-exempt parcels would also be exempt from the special parcel tax. Under the proposed ordinance, 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 would be appointed by the City Council within 60 days to review the collection and use of the funds. Staff has considered whether the Gann Appropriations Limit established by California Constitution Article XIIIB should be adjusted upward concurrently with the imposition of the parcel tax. Currently there is SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 enough of a gap between the City's Appropriations Limit and its expenditures so that the Appropriations Limit would not be exceeded by the collection and use of the Library special parcel tax. (See Exhibit A for current year's Appropriations Limit calculation.) Staff has also determined that if the City issues Pension Obligation Bonds, the bond proceeds will also count towards the City's Appropriations Limit; but staffs opinion is that the combination of proceeds from the parcel tax, if passed, and the Pension Obligation Bonds, if issued, would likely still not cause the City to exceed its Appropriations Limit. For this reason, the proposed parcel tax measure does not call for an increase in the Appropriations Limit. By adopting the attached Resolution, the Council would call the special municipal election for June 8, 2010, submit the Library 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 and impartial analysis of the measure for the voter materials. The measure itself 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 8 election. The tax would commence to be levied in FY 2010- 2011. 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). In order to place the Library tax on the June 8 ballot, the Council must act prior to Friday, March 12, 2010 to comply with the County Board of Supervisor's request for consolidation of election requirements. FISCAL IMPACT: As noted above, a special election would come at a cost to the City of between $40,000 and $70,000. OPTIONS: Approve Resolution and place the measure on the June 8, 2010 ballot. Ask for additional staff work on the Resolution and return to the City Council on March 1, 2010 for possible action. Do not approve Resolution. ACTION REQUIRED: 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 8, 2010; 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 8, 2010; 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 attached ballot measure (Ordinance) Exhibit A: Gann Appropriations Limit calculation RESOLUTION NO. 12917 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NNE 8,2010; 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 8,2010; 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. 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, the City of San Rafael projects a budget deficit in excess of $3 million next year, requiring further reductions of Library program funding; and WHEREAS, the San Rafael Public Library operations are funded from the City's General Fund, necessary cuts to which have resulted in ongoing cuts to the Library's budget over the past six years, including the loss of a part-time Children's Librarian and additional positions in support staff, and WHEREAS, community use of the Library has been continually increasing for several years, with particularly significant increases in several measures of usage, including circulation and attendance, due to the economic downturn of the past two years, and recent cutbacks to school and other government agency library services; and WHEREAS, the City has sought for years to find a means of setting aside funds for necessary facility, equipment and technology improvements to the Library; and WHEREAS, 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 8, 2010, 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 establish a Special Library Services Parcel Tax within the City for library services; 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 County Clerk 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 8, 2010, 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 8, 2010 the proposition attached hereto as Attachment "A" and incorporated herein by reference, to be known and referred to as the "SAN 2 1?,A AEL 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 consistent, locally -controlled funding source, augmenting current general fund allocations for the San Rafael Public Library, for expanded hours, improved facilities, equipment, materials, and services for children, teens, and adults, shall the City of San Rafael be authorized to levy YES an annual $49 parcel tax (slightly higher rates for multiple -unit residential parcels) for a period of seven years, with oversight by an independent NO citizens committee and with 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 3 2. Authorize and direct the County Clerk, at City expense, to provide the following election services and to canvass the results of said election: by law. ■ 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 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 8:00 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 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. 4 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 Council of said City on Tuesday, February 16, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None &gf t wiz- c -sex jr~ . ESTHER C. BEIRNE, City Clerk 5 ATTACHMENT "A" - FULL TEXT OF MEASURE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 3.36 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "SPECIAL LIBRARY SERVICES PARCEL TAX." WHEREAS, the City of San Rafael projects a budget deficit in excess of $3 million next year, requiring further reductions of Library program funding; and WHEREAS, the San Rafael Public Library operations are funded from the City's General Fund, necessary reductions to which have resulted in ongoing cuts to the Library's budget over the past six years, including the loss of a part-time Children's Librarian and additional positions in support staff, and WHEREAS, the Library's support groups, in particular the Friends of the Library, have provided ongoing operational and supplemental programming support for the Library through the ongoing efforts of dedicated volunteers, amounting to nearly $400,000 over the past eight years, largely to support ongoing purchases of books and other materials following budget cuts; and WHEREAS, use of the Library has been continually increasing for several years, with particularly significant increases in several measures of usage, including circulation and attendance, due to the economic downturn of the past two years, and recent cutbacks to school library services; and WHEREAS, the City has sought for years to find a means of setting aside funds for necessary facility, equipment and technology improvements to the Library; and WHEREAS, 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, imposition of a local special parcel tax dedicated to public library services and facilities is authorized by Government Code section 53717; and WHEREAS, the proceeds of a special parcel tax imposed hereunder for a period of seven (7) years would not cause the City to exceed its appropriations limit pursuant to California Constitution Article XIIIB; and WHEREAS, funds from a locally approved tax could not be taken away by the state and would stay in San Rafael to benefit local residents. 6 NOW, THEREFORE, the People of the City of San Rafael do ordain as follows: DIVISION 1: A new Chapter 3.36 is hereby added to the San Rafael Municipal Code to read 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, maintain and improve hours of operation, services, equipment, facilities, and materials at the San Rafael Public Library; and B. To provide and improve programs and materials for children, teens, adults, seniors, literacy learners and people with disabilities at the San Rafael Public Library; and C. To help with the City's long-term goal of setting aside funds for necessary facility improvements to 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, as may be set forth in the rolls of the County Assessor, and shall specifically include a mobilehome as defined in section 20.04.020H of this Code. C. "Multifamily residential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for multiple family or duplex residential use. D. "Nonresidential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for any use other than single family residential or multiple family or duplex residential use. 7 E. "Parcel" means any parcel of land, developed or undeveloped, 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. F. "Single family residential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for single family residential use. G. "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: Nonresidential parcel: 3.36.040 — Term. Forty-nine dollars ($49) per year per parcel. Forty-nine dollars ($49) per year per parcel plus Ten dollars ($10) per living unit, up to a maximum of $1,000 per year per parcel. Forty-nine dollars ($49) per year per parcel. The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually for seven (7) years commencing in fiscal year 2010-2011. 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. 8 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 parcel 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. 3.36.080 -- Independent Citizen 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 2: 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 3: 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 8, 2010; and the Special Library Services Parcel Tax so established shall be levied annually for seven (7) years, beginning in fiscal year 2010-2011 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. 9 City of San Rafael Appropriation Limit Analysis FY 2009-10 Total Appropriations General Fund Abandoned Vehicle Fund Stormwater Fund Emergency Medical Services Library Fund Street Cleaning Fund Recreation Revolving Street Maintenance Fund Police Youth Services Open Space Fund Total Appropriations 2009-2010 Less Exempt Expenditures 361,420 $ 1,260 3,920 34,890 13,730 370 32,550 $ 66,659,310 $ 448,140 $ Appropriation Limit Available Room Under Appropriation Limit 2009-2010 Less Appropriations Non -Tax Subject to Revenues Gann Limit 9,850,613 $ 45,810,727 130,800 Projected 811,210 Budget Fund # 3,209,430 001 $ 56,022,760 $ 200 139,210 205 1,542,030 210 5,144,320 214 376,610 220 55,920 222 3,358,600 225 - 230 6,900 405 12,960 Less Exempt Expenditures 361,420 $ 1,260 3,920 34,890 13,730 370 32,550 $ 66,659,310 $ 448,140 $ Appropriation Limit Available Room Under Appropriation Limit 2009-2010 Less Appropriations Non -Tax Subject to Revenues Gann Limit 9,850,613 $ 45,810,727 130,800 7,150 811,210 726,900 1,900,000 3,209,430 44,400 318,480 - 55,550 2,102,330 1,223,720 3,000 3,900 - 12,960 14,842,353 $ 51,368,817 $ 66,617,708 Excluded funds include self-supporting funds, capital improvement funds, capital outlay grant funds and specific exclusions such as the Gas Tax Fund. $ 15,248,891 Exhibit "A" REVISED FEBRUARY 16, 2010 ATTACHMENT "A" - FULL TEXT OF MEASURE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 3.36 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "SPECIAL LIBRARY SERVICES PARCEL TAX." WHEREAS, the City of San Rafael projects a budget deficit in excess of $3 million next year, requiring further reductions of Library program funding; and WHEREAS, the San Rafael Public Library operations are funded from the City's General Fund, necessary reductions to which have resulted in ongoing cuts to the Library's budget over the past six years, including the loss of a part-time Children's Librarian and additional positions in support staff; and WHEREAS, the Library's support groups, in particular the Friends of the Library, have provided ongoing operational and supplemental programming support for the Library through the ongoing efforts of dedicated volunteers, amounting to nearly $400,000 over the past eight years, largely to support ongoing purchases of books and other materials following budget cuts; and WHEREAS, use of the Library has been continually increasing for several years, with particularly significant increases in several measures of usage, including circulation and attendance, due to the economic downturn of the past two years, and recent cutbacks to school library services; and WHEREAS, the City has sought for years to find a means of setting aside funds for necessary facility, equipment and technology improvements to the Library; and WHEREAS, 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, imposition of a local special parcel tax dedicated to public library services and facilities is authorized by Government Code section 53717; and WHEREAS, the proceeds of a special parcel tax imposed hereunder for a period of seven (7) years would not cause the City to exceed its appropriations limit pursuant to California Constitution Article X111B; and WHEREAS, funds from a locally approved tax could not be taken away by the state and would stay in San Rafael to benefit local residents. NOW, THEREFORE, the People of the City of San Rafael do ordain as follows: DIVISION 1. A new Chapter 3.36 is hereby added to the San Rafael Municipal Code to read 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, maintain and improve hours of operation, services, equipment, facilities, and materials at the San Rafael Public Library; and B. To provide and improve programs and materials for children, teens, adults, seniors, literacy learners and people with disabilities at the San Rafael Public Library; and C. To help with the City's long-term goal of setting aside funds for necessary facility improvements to 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, as may be set forth in the rolls of the County Assessor, and shall specifically include a mobilehome as defined in section 20.04.020H of this Code. C. "Multifamily residential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for multiple family or duplex residential use. D. "Nonresidential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for any use other than single family residential or multiple family or duplex residential use. H E. "Parcel" means any parcel of land, developed or undeveloped, 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. F. "Single family residential parcel" means any parcel of land, developed or undeveloped, 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 and which is listed on the rolls of the County Assessor as used for single family residential use. G. "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: Nonresidential parcel: 3.36.040 — Term. Forty-nine dollars ($49) per year per parcel. Forty-nine dollars ($49) per year per parcel plus Ten dollars ($10) per living unit, up to a maximum of $1,000 per year per parcel. Forty-nine dollars ($49) per year per parcel. The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually for seven (7) years commencing in fiscal year 2010-2011. 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. 3 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 par -eel owned by ^ federal, state or local governmental entity. C. 'lie—Ian impasea by this chapter- shall not be levied ip axy par -eel listed en the FORS of the County ASSOSSOF with an exempt designation. DC. Any owner of a parcel 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. 3.36.080 -- Independent Citizen 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 2: 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 3: 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 8, 2010; and the Special 4 Library Services Parcel Tax so established shall be levied annually for seven (7) years, beginning in fiscal year 2010-2011 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. S CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 1 DATE OF MEETING: February 16, 2010 FROM: David Dodd, Library Director DEPARTMENT: Library DATE: February 11, 2010 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF TBE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY JUNE 8,2010; 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 8,2010; AND 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON TBE SAME DATE; AND 4) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANAj�LYSIS OF THE MEASURE. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPRO ED AS COUNCIL / AGENCY A E A ITLY: �� C:i Manger (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature)