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HomeMy WebLinkAboutCC Resolution 12917 (Special Election 2010; Library Parcel Tax)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 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. 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 HE 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 it 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 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 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 J�slx c . fla.dzC4 . ESTHER C. BEIRNE, City Clerk E 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. 91 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. VA 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. 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"