SAN RAFAEL CITY COUNCIL AGENDA REPORT

Transcription

1 Agenda Item No: 5.a Meeting Date: February 16, 2016 Department: LIBRARY SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: SARAH HOUGHTON, LIBRARY DIRECTOR City Manager Approval: TOPIC: SUBJECT: AUTHORIZE A BALLOT MEASURE TO RENEW THE SPECIAL LIBRARY SERVICES PARCEL TAX 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, 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.: Council Meeting: Disposition:

2 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:

3 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 multipleresidential 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 , 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: 1. Resolution with Attachment A full text of ballot measure (Ordinance)

4 RESOLUTION NO. 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

5 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 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, 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? YES NO 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 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 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

6 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 of the Elections Code of the State of California. 3) In all the particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. 4) Notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law. 5) Pursuant to Elections Code section 9285, the City Council of the City of San Rafael hereby directs the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the final date for filing direct arguments. 6) Pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs the City Attorney to prepare an impartial analysis of said ballot Measure. 7) The City of San Rafael recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 8) This Resolution shall be effective immediately upon its adoption by the City Council. 9) The City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 16 th day of February, 2016 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk

7 ATTACHMENT A - 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 1

8 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: Purposes. Chapter 3.36 SPECIAL LIBRARY SERVICES PARCEL TAX 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 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 H 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 2

9 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 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 Imposition of Tax. An annual Special Library Services Parcel Tax is hereby imposed pursuant to City Charter and Government Code section 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 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 ( CPI ), not to exceed 3% 3

10 annually. In no event shall such adjustment cause the foregoing tax rates to be adjusted downward Term. The Special Library Services Parcel Tax imposed by this Chapter shall be levied annually for nine (9) years commencing in fiscal year 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 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 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. 4

11 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 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 7, 2016; and the Special Library Services Parcel Tax so established shall be levied annually for nine (9) years, beginning in fiscal year and shall thereafter expire unless extended with the approval of twothirds of the electors voting upon the extension at a general or special municipal election. 5