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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: OPHELIA ROOP Subject: Resolutions - submitting a ballot measure
Library Director relating to a special tax for ten years to help fund the
Dept: LIBRARY 0 RIG 1 N A L City's libraries.
Date: July 18,2003
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt the following Resolutions:
A. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their
approval a ballot measure relating to a special tax for ten years to help fund the City's libraries;
transmission of the proposed ballot measure to the office of the City Attorney for purposes of
preparation of an impartial analysis.
B. Resolution of the Mayor and Common Council of the City of San Bernardino calling a special
municipal election on a ballot measure relating to a special tax for ten years to help fund the City's
libraries and requesting that said City of San Bernardino's special municipal election be consolidated
with the November 4, 2003 consolidated election conducted by the County of San Bernardino.
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Signature
Contact person: Oohelia Rooo
Phone:
381-8210
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
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Council Notes:
Agenda Item No. 34
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STAFF REPORT
Council Meeting Date: Julv 21. 2003
TO:
DATE:
AGENDA:
Mayor and Common Council
July 18,2003
Resolutions submitting a ballot measure relating to a special tax
for ten years to help fund the City's libraries (Agenda Item #34).
The tapic af a special tax being vated upan by the vaters afthe City af San Bernardino. far
the specific purpase af helping fund the City's libraries has been raised an priar accasians.
Two. resalutians are presented far cansidcratian. The first resalutian wauld submit to. the
vaters an ardinance which wauld impase a library special tax for ten years to. help fund the City's
libraries. The see and resalutian calls a special municipal electian an this ballat measure far the
Navember 4, 2003 electian.
The Mayar and Camman Cauncil are nat vating an the ardinance. The Mayar and Camman
Cauncil are vating an two. resalutians to. place the ordinance be fare the vaters and let them decide
the issue. If the ardinance is approved at the Navember 4, 2003 cansalidated electian by at least a
twa-thirds vate af the vaters sa vating, the vaters will have spaken and the ardinance can anly be
amended or repealed by the vaters at an ather electian called far that purpase. If the ordinance daes
nat receive the approval af at least twa-thirds af the vaters sa vating, it will be disapproved since
the ardinance propases a special tax far a specific purpase and requires, by the State Canstitutian,
approval by said twa-thirds vate.
The fallawing is a summary afthe salient provisians 0.1' the ardinancc, which if approved by
the vaters, wauld be knawn as "City af San Bernardino. Library Special Tax Ordinance."
An annual special tax wauld be levied for each afthe next ten fiscal years anly, cammencing
with fiscal year 2004-2005, in the fallawing manner:
I. $20.00 an each parcel cantaining ane single family residence and $20.00 far each
residential unit in a residential candaminium project;
2. $13.00 an each residential unit per parcel far all ather residentially-used ar
designated parcels;
3. $50.00 an each parcel afnon-residcntially-used ar designated property in the City;
4. If a parcel falls within more than ane category, the higher tax shall be levied.
The special tax would be indexed annually by June 1'1 af each afthe nine fiscal years after
the first fiscal year in accardance with the increase or decrease in the cast afliving. Indexing shall
be based on the consumer price index for all urban consumers for the Los Angeles-Riverside-Orange
County statistical area to ref1ect changes in such index during the 12 months which ended the
preceding March 1.
There are six exemption categories to which this tax would not apply at all. Of note are the
f()llowing three:
1. The tax would not be levied upon any person if such person receives an exemption
from the Service User's Tax imposed by Chapter 3.44 of the San Bernardino
Municipal Code.
2. The tax would not be levied upon any owner ofa parcel containing one single family
residence for that parcel or upon any owner of a residential unit in a residentiaf
condominium project for that unit if either of such owners is 62 y, years of age or
older and the annual gross income of the household for either of such owners does
not exceed the annual gross income level for sixty percent (60%) of the Median
Income Limit based upon the number of persons in a household, as published
annually i::l the U.S. Department ofl-lousing and Urban Development (HUD) Home
Program Income Limits for the Riverside-San Bernardino Primary Metropolitan
Statistical Area, with the addition of the following amounts to the eorresponding
income levels:
Family Size of I
Family Size of2 or more
$5.000.00
$10.000.00
3. The tax would not be levied upon any owner of a parcel containing one single family
residence for that parcel or upon any owner of a residential unit in a residential
condominium project for that unit if either such owner meets the criteria ofdisability
by the Social Security Administration's Supplemental Income program for the Aged,
Blind and Disabled (Title XVI of the Social Seeurity Act, as amended).
Exemption categories 2 and 3 require the affected owner(s) to submit an application to the
City seeking the exemption. In order to receive the exemption in category 1, an application is
already required. The ordinance also eontains provisions to address adjustments and refunds ifany
person feels that he/she has paid more tax than required by the ordinance.
This special tax, which would be levied for only ten years, would provide funds to the City
to pay for onlv the following:
1. One-half of the annual debt service on the bond used to construct the Feldheym
Library, or $333,150.00 per year for each ofthe next 10 years, whichever amount is
less; and
2. Maintenance and operations costs of the Library (which is defined as "the San
Bernardino Public Library system and each of the branches thereof as the same may
cxist from time to time, together with any additions or betterments thereto, or
improvements, extensions or expansions thereof').
The money collected from this special tax would be deposited into a special fund entitled
"Library Special Tax Fund" and must be used exclusively as provided in the ordinance for the
purposes for which the tax is imposed, and for no other purposes. If the special tax is collected by
the County of San Bernardino on behalf of the City, the County may recover its reasonable costs
incurred for such service from this Fund. Currently, the County charges $150.00 annually for such
levying to be placed on all property tax bills. Any money raised by the special tax, including any
interest accrued thereon, that remains unspent at the end of any fiscal year may only be used in a
succeeding fiscal year for the purposes stated in the ordinance.
The special tax can on Iv be levied in a given fiscal year if the City Council has appropriated
lar that fiscal year, as Maintenance and Operations Costs far the Library, a minimum amount of
money. In fiscal year 2004-2005, that minimum amount of money is $2,110,300.00. This
represents the total amount proposed to be appropriated by the City for the Library for maintenance
and operations costs of the Library for the 2003-2004 fiscal year as containcd in the City of San
Bernardino 2003-2004 Preliminary Detail Budget, after subtracting $666,300.00 for the debt service
on the library bond to construct Feldheym Library and aflcr subtracting an additional $300,000.00.
Said $300,000.00 represents a five year average of the funds made available to the Library from
sources other than the City's annual contribution; rounded offto the nearest one hundred thousand
dollars.
In the second and succeeding fiscal years in which the spceial tax is levied, in order far the
special tax to in fact be levied, the City Council must appropriate as Maintenance and Operations
Costs for the Library an amount of money equal to the prior fiscal year amount which would have
resulted in the levying ofthe special tax that prior fiscal year (referred to as the "Required Amount"
in that prior fiscal year), and must appropriate as Maintenance and Operations Costs far the Library
an amount of money as determined and derived from the consumer price index prepared by the
Bureau of Labor Statistics of the United States Government far all urban consumers for the Los
Angeles-Riverside-Orange County statistical area, or any successor index, to reflect changes in such
index during the 12 months which ended on the March 1 preceding each such fiscal year. The cost
ofliving increase/decrease will cause the previous year's Required Amount to be adjusted pursuant
to this index, except, in no year shall the Required Amount be less than $2, I 10,300.00.
The Required Amount of$2, 11 0,300.00 assumes that $ I 00,000.00 will be received from the
State of California as "State Aid - Libraries." (This term is defined in the ordinance as "funds
received from the State of California pursuant to Title I, Division I, Part 1 I, Chapter 1.5, Articles
1 - 4 of the Education Code of the State of California (The Public Library Finance Act of 1982), or
any other State law resulting in funds received trom the State for use by the Library, except grants
far specific projects or specific services which are applied far by the Library and received from the
State of California.") If in any fiscal year the amount received as "State Aid - Libraries" exceeds
$100,000.00, the amount in excess of $1 00,000.00 shall also be appropriated by the City to the
Library for the Library's exclusive use and the City shall not factor in nor be credited far that excess
amount in determining the Required Amount in such fiscal year.
The ordinance, if approved by the voters, requires the City Council to appropriate the
Required Amount for the first two fiscal years it is in effect: 2004-2005 and 2005-2006. This will
result in the special tax being levied in these first two fiscal years.
If at any time following the levy of a special tax for a fiscal year, the amount finally
appropriated as Maintenance and Operations Costs for the Library for such fiscal year is less than
that which is required for the levying of the special tax, then no annual special tax shall be levied in
the immediately following fiscal year. In no event shall the failure to levy the special tax extend
such tax beyond the designated ten year period (July L 2004 - June 30, 2014).
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The Ordinance requiring a two-thirds vote ofthe voters at the November 4 election in order
to impose a special library tax for ten years, which is Exhibit A to Agenda Item Numbers 34A and
34B, should be amended on pages 9 and 10 as follows:
On page 9, lines 12, 14, 16, 18,20,22,24,26 and 28, the word "subparagraph" be amended
to now read "subparagraphs."
On page] 0, lines 6, 8, 10, 12, 14, 16 and 18, the word "subparagraph" be amended to now
read "subparagraphs."
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RESOLUTION 1\'0.
RESOLUTION OF THE 1\1 A YOR AND CO'\lMON COUNCIL OF THE CITY OF SAN
BERNARDI1\'O CALLING A SPECIAL MUNICIPAL ELECTION ON A BALLOT
MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE
CITY'S LIBRARIES AND REQUESTI1\'G THAT SAID CITY OF SAN BERNARDINO'S
SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4,
2003 CONSOLIDATED ELECTION CONDl'CTED BY THE COUNTY OF
SAN BERNARDINO.
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BE IT RESOL VED BY THE MA YOR AND COMMON COUNCIL OF THE CITY
OF SA:"! BERNARDINO AS FOLLOWS:
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SECTION I. Recitals.
A. Pursuant to Section 9222 of the Elections Code of the State of California, the
legislative body of a city may submit to the voters, without a petition therefor, a proposition for the
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repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or
special city election.
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B Pursuant to Article XlIIC S2(d) of the Constitution of the State of California, a
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special tax must be submitted to the electorate of the local jurisdiction and approved by a two-thirds
vote.
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C. Pursuant to this authority, the Mayor and Common Council have adopted Resolution
submitting to the voters of the City of San Bernardino for their approval or
No.
disapproval an ordinance which, if approved by the voters, would impose a special tax for ten years
to help fund the City's libraries
SECTIO:\' 2. Special Municipal Election Called. A special municipal election is hereby
called and will be held in the City of San Bernardino on Tuesday, November 4, 2003, for the purpose
of submitting to the qualified electors of the City. for their approval or disapproval, the ordinance
as set forth in Exhibit "A" attached hereto.
SECTIO:'ll 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the
California Elections Code, the Mayor and Common Council of the City of San Bernardino request
that the Board of Sopervisors of the County of San Bernardino consolidate the City's special
municipal election with the consolidated election conducted by the County of San Bernardino to be
HTC/cd[Llb Tax 2 resoJ
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RESOLVTIO"" OF THE I\IA YOR AND COM1\10N COUJ\'CIL OF THE CITY OF SAN
BERNARDI;'IiO CALLING A SPECIAL MUNICIPAL ELECTION OJ\' A BALLOT
MEASCRE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE
CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S
SPECIAL MU:'oIICIPAL ELECTION BE CONSOLlDA TED WITH THE NOVEMBER 4,
2003 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF
SAN BERNARDINO.
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held on Tuesday. November 5. 2002.
Thc polls for said election shall be open at 7:00 a.m of the day of said election and shall
remain open continuously from said time until 8:00 p.m. of the same day when said polls shall be
closed, exccpt as provided in Section 14401 of the California Elee/ions Code
SECTIO:'ol4. Measure. The measure to be voted on at the consolidated special municipal
election as it is to appear on the ballot shall be as follows:
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MEASURE Shall the ordinance
adding Chapter 3.42 to the San Bernardino
Municipal Code be approved by the voters so
that a special tax shall be imposed for ten years
to help fund the City's libraries"
AGAINST THE ORDINANCE [J
FOR THE ORDINANCE [ ]
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18 The measure shall be designated on the ballot by a letter printed on the Icft margin of the
19 square containing the description of the measure as provided by law.
20 SECTION S. Canvass of Returns. The Registrar of Voters of the County of
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San Bernardino is hereby authorized to canvass the returns of the special municipal election so called
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and to conduct the special municipal election in all respects as if there were only one election with
only one form of ballot. Results of the special municipal election shall be certified to the Mayor and
Common Council of thc City of San Bernardino.
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SECTIO:'ol6. Notice of Election. The City Clerk is hereby directed to publish a notice of
the special municipal election which shall contain the following:
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A
B.
The time of the election;
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The hours the polls will be open;
t-nCed[L'b Tax 2 rcsuJ
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RESOLUTlO:\' OF THE !\fA YOR A~D COl\II\ION COU,,"CIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL !\fU~IClPAL ELECTION ON A BALLOT
MEASl;RE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE
CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S
SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 4,
2003 CONSOLIDATED ELECTION CONDUCTED BY THE COlil\TY OF
SAN BERNARDINO.
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That the last day for receipt of primary arguments for or against the measure has been
7 established as 500 pm. on August] 5, 2003, in the City Clerk's Office. Second Floor, City Hall, 300
8 North "D" Street San Bernardino, California:
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D.
That the last day for receipt of rebuttal arguments is 500 p.m. on August 22, 2003,
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in the City Clerk's Office at the above location
The City Clerk is directed to make arrangements to accept arguments and to arrange for
sample ballots, in accordance with the appropriate sections of the California Llee/ions Code, which
shall include the entire text of the ordinance to be approved or disapproved by the voters which, if
approved by the voters, \\ould impose a special tax for ten years to help fund the City's libraries.
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This notice may be combined with a notice of any other municipal election to be held on the same
date.
SECTION 7. Conduct of Election. The special municipal election so called shall be held
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in such precincts and at such polling places as shall be determined by the Registrar of Voters of the
County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby
requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding
of the consolidated election. The :Vlayor is hereby authorized to execute a contract for the services
necessary for conducting the special municipal election. The City of San Bernardino recognizes that
additional costs will be incurred by the County by reasons of this consolidation and agrees to
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reimburse the County for any such costs.
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SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is directed
to file a certified copy of this Resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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RESOLUTION OF THE MAYOR AND CO\11\lON COUNCIL OF THE CITY OF SAN
BER;\IARDI:\'O CALLING A SPECIAL MUNICIPAL ELECTIO:'ll ON A BALLOT
MEASURE RELATING TO A SPECIAL TAX FOR TE;\I YEARS TO HELP FUND THE
CITY'S LIBRARIES AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S
SPECIAL l\JlINICIPAL ELECTIO:\' BE CONSOLIDATED WITH THE NOVEMBER 4,
2003 CONSOLIDATED ELECTION CONDUCTED BY THE COU:\'TY OF
SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Couneil of the City of San Bernardino at a
meeting thereof, held
on
day of
. 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AlN
ABSENT
ESTRADA
LONGYILLE
MCGINNIS
DERRY
SUAREZ
At'WERSON
MCCAMMACK
CITY CLERK
The foregoing resolution is hereby approved this
day of
,2003.
JUDITH Y ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
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By L f.f~
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'HTCed[Llb Tax 2 r~sol
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2 ii " ., A:\ OR.IH:\X\CE OF THE crTY OF SAN BERNARDINO ADDING CIIAPTER 3.42
II 10 I lit SA" BLHNARDI'\O !\ll"ICIPAL CODE RELA 11:\G TO A L1BRAH\ SPECIAL
3 Ii TAX FOR TEN YEARS TO HELP Fl'r\D THE CITY'S LIBRAHIES, SUBJECT TO THE
" APPROVAL OF TWO-TIIIRDS OF THE VOTES CAST BY VOTERS VOTI:\'G lTON THE
4 ' PHOPOSAL \\ITHI:\ THE CITY OF SA" BER'\AHDI:\O,
5 I THE !\lA YOR AND COMMON COLl1\CIL Ofl HE CIlY OF SA'.! BFRN.-\RDINO DO
ORDINA:\CE '\0,
6 ORD,-\IN AS fOLLOWS
7 SECTION 1. Chapter 3 42 IS hereby added to the Sail fJernord1l1O MUI7IClpol Code to read
8 as follows
9 Chapter 3.42
]0 L1BRAHY SPECIAL TAX
Sections:
3.42,010
3.42,020
3.42,030
3.42,040
3.42,050
3.42,060
3.42,070
3.42,OSO
3,42,090
3.42,100
3.42,110
3.42,120
3.42,130
3.42,140
Short Title,
Definitions,
Exemptions,
Special Tax,
Findings and Declarations,
Purpose,
Special Fund,
Tax Rate,
Term,
Adjustments and Refunds,
Severability ,
Effective Date,
Annual Report.
Exclusive Use of Librar} Special Tax Funds,
3.42,010,
Short Title,
This chapter shall be known and may bc cited as the "City of San Bernardino LIbrary SpeCIal
22 Tax Ordinance"
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3.42,020,
Definitions,
24 Thc following words and phrases "henever used in this Chapter shall be construed as defined
25 111 tlm section
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A.
"Building" means any structure having a roof supported by columns or walls, for the
27 housing, shelter or enclosure of persons, animals, chattels or properly of any kInd;
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B
"Condomil1lUlll ProJcct" means a condomil1lum as defined in SectIon 1350 of the
SDE/tci [i_lht~n:2T~}\ Olll]
Exhibit "A"
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A:\ ORDll"A'\CE OF TIlE CITY Of SA:\ BER:\'ARDI:\O .\DDI'iG CIIAJ'TER 3A2
TOTlIE SA:\' BER"iARDI"iO \1l':\ICIPAL CODE RELA TI"G TO A LIBR\RY SPECIAL
TAX fOR TE"i YEARS TO HELP FUi\D THE CITY'S LIBRARIES, SL'BJECT TO THE
APPRO\' AL OF TWO-THIRDS OF TIlE \'OTES CAST BY \'OTERS \'OTI"iG CPO" THE
PROPOSAL \\'ITIIIN THE CITY OF SA"i BERI\ARDl:\'O.
CIVIl Code. or Its successor Code or Section. a community apartment project as defined 111 Section
] 1004 of the BUSiness and PrafesslOns Code, or its successor Code or Section. or a stock cooperatl\e
7 as defined In Section 110032 of the l3usl/7C.\s and Professional Code, or ]ts successor Code or
8 Seclion,
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"Improvement to property" means a building or other Improvement erected on or
10 afiixed to a parcel, excluding parkll1g structures.
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D
"Library" means the San Bernardll10 Publ]c Library system and each of the branches
] 2 thereof as the same may exist from time to tIme, together \11th any additions or betterments thereto.
] 3 or ]mprov'ements. extensions or expansions thereof,
F "il1ainrenancc and Operalions Costs of the L]brmy" means' (I) all reasonable and
necessary costs spent or Incurred by the Cily for maintaining and operatll1g the Library. calculated
in accordance with generally accepted accounting pnnc]ples II1cludll1g, but not 11I11Ited to, all
amounts paid Or payable from time to time for books, penodicals, reference materials. research
materials. subscrlpt]on services or other information sources. 111 whatever form they may lake,
operated or utilIzed by or through the Library, the reasonable expenses of management and repair
and other expenses necessary to mall1t3111 and preserve the L]brary 111 good repair and working order,
salaries and wages of employees, payments to employees' retirement systems, taxes. if any, fees of
auditors, accountants. attorneys or engineers and insurance premiums;
(2) depreciation, replacement and obsolescence charges or reserves therefor.
(3) costs of capital additions, replacements, betterments, extensions or improvements to
the L]brary, which under generally accepted accounting principles arc chargeable to a capital account
or to a reservc for deprec]at]O]1; but shall not be construed to mean costs to provide support services
. 27 to the L]brarv by anv other Department of the Citv,
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F.
"Parcel" means a UI1II of real property as shown on the last equalized assessment roll
SDE/eJ [L Ihwy21il\ (lrd)
Exhibit "A"
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A\' OIWI'iAi\CE OF TilE CITY OF SA\' BER\'ARDI!\O ADDIi\G CIIAPTER 3.42
TO TilE SA\' BERNARDINO \ll.iNIClPAL CODE RELA TlNG TO A LIBRARY SPECIAL
TAX FOR TEN YEARS TO HELP H'\'D TilE CITY'S LIBRARIES, SL'BJECT TO TilE
APPROVAL OFT\\O-TIIIRIJS OFTHE VOTES CAST BY VOTERS VOTING CPO:\' THE
PROPOSAL "!Till\' TilE CITY OF SA:\' 13ER\'ARDI:\O.
5 o[ San Bernardino Count\'.
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"Required Amount" means the minunum amount which must be apprl'priated in a
7 fiscal ycar b\' the City as ;Vlaintenance and Operations Cqsts Cor the Library 111 order to levy a special
8 tax m that fiscal year.
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II.
"State Aid - Llhrarles" means funds recClvcd from the State of California pursuant
10 to Title], DI\'ision I, Part] I, C113pter 15, Articles I - 4 of the Educo/1o!1 Code of the State o[
I] California (The Puhllc Library Finance Act of 1982), or any other State law resulting in funds
12 received from the State for use by the Library, except grants for specific projects or specific senices
13 which arc applied [or bv the Library and received from the State of California.
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3.42.030.
Exemptions.
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A. Nothing in thiS Chapter shall be construed as Imposing a tax upon any person when
16 imposition of such tax upon that person would be In violation of either the ConstJtutlon of the United
17 States or the Constitution of the State o[ Califorma.
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B
The tax imposed by this Chapter shall not be levied upon the federal government, the
19 state government, any state agency, or any local gOY ernmenta] agenev. when impOSition of such tax
20 would be in violation of either the Constitution of the Ul1Ited Slates or the Constitution of the Stale
21 of Califorma
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The tax Imposed by t]lIS Chapter shall not be levied upon a parcel of property or
23 improvement to property which is owned by a house of worship or community servIce organizatIon
24 which qualifies for an exemption from ad valorem taxatIon for said parcel or improvement under
25 California law.
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D.
The tax Imposed by this Chapter shall not be levied upon any person if such person
. 27 receives an exemption from the Sen.lce User's Tax imposed by Chapter 344 of the San Bernardino
28 /viwJlclpal Code
SDE/ed [Libr;n,2Til>. Orj]
Exhibit "A"
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A:\ ORDI:\A:\CE OF TilE CITY OF SA;\' BER:\\HDJ:\U ADDl:\G CHAPTER 3.42
TO THE SA:\ BER:\ARDl:\O i\ILj\IClI'AL CODE RHATl:\G TO A Ll13R\R\ SPECL\L
TAX FOR TE)', YEARS TO HEll' FL:\,i) THE CITY'S LIBRARIES, SCBJECT TO TilE
APPROV.\L OFT\\O-THlRDS OF TIlE VOTES CASTUY VOTERS VOTlj\G CPO:\ THE
PROPOSAL \\ ITHl:\ TilE CITY OF SA,:\ BER:\.\RDI!\O,
E The tax Imposed by thiS Chapter shall not be Ie\ led upon a:lY owner of a parcel
COlllainll1g dnc sll1g1c fc-l11l1]Y residence for that parcel or upon an) o\\ncr of J resldcl1tlJI Ulllt lJ1 a
resJI..icnt13J condomInium proJect [or th,\t unit If j) either of SllCh ov...ners IS 62 !/2 years of C:lge or
older and the anllual gross income o[thc household [or either of such owners does nO! exceed the
annual gross mcume !evel for sixty percent (60%) of the Median Income Limit based upon the
number of persons In a household as pub!lshed annually In tr.c US Departmenl of ]]OUSlllg and
L'rban Deve!opment (HUD) J Jomc Program Income Llmlls for the RJ\trslde-San Bernardino
12 PnlYlary !\lclropolltan StatIstIcal ArelL \\ilh the addltlOn of the follOWing amounts 10 the
] 3 corn::spondJllg JllCOme levels ramlly Slle of
$5,00000, and Famrly Size of 2 or more -
S I 0,00000, and, 2) either of such O\\llers has applied [or an exemption from said tax based 011 these
prO\ISlons and said exempllon appllcallon has been app!'OIed b\ Ihe CII\ AI! slIch exemption
apP!lcations musl be filed on ff)r:11S furnished, and 1n the manner prescrrbed b)' the CI[\ Treasurer
F The tax Imposed by thIS Chapter shall not he Imposed on any o\\ner of a parcel
contall1lng one single falml)' residence [or tlBt parcel or upon an\ owner of a residential UllIt In a
resldenllal condominium prl'Jcct for that unJI If I) either of such owners meets the crilerra of
disability by the SocJal Secunty l\dmIJ1lstratlon's Supplemental Income program [or the i\ged, Blind
and Disabled (Title XVI o[ Ihe Socia! Securrty Acl, as amended), and, 2) (lIher of such owners has
applied for an exemption from said tax based on these prO\ISIOnS and said exemption app!icallon
24 and In the manner prescribed by the City Treasurer
has been approved by the Clly All such exempllon app!lc311ons must be filed on forms [urnlshed,
",
L~
26
. J7
"'
,
28
3.42,040,
Special Tax.
A There IS hereby Imposed a special lax on each residential parcel 01 d\\clllng unit, or
non-resldenllal parcel \\1[hJn Ihe Clt\. of San Bernal dlno for the puposes set forth in thiS Chapter
al the lale specrfied herem
SUF/cd riAl1~r.2T~\ Ord)
Exhibit "A"
. I ,
i
2 !
0
~,
4
5
.
A'\ ORDI'\A'\CE OF TIlE CITY OF SA'\ llER'\AR])f,\O AllDI,\f; CHAPTER 3.42
TO THE SA:\ BER'\ARDl:\O \1U'\ICIPAL CODE REL\TI'\G TO A LIBRARY SPECIAL
TAX FOR TE:\ YEARS TO IIELP IT'\D THE CITY'S LIBRARIES, SUlJECT TO THE
APPROVAL OFT\\O~THIHDS OFTHE VOTES CAST BY VOTERS VOTl:\G lPONTHE
PROPOSAL \\ITIII:\ THE CITY OF SA" BEW\ARDI'\O.
B This tax is enacted under the authonty of Section 41 of the Chaner of the eny of San
6 Bernardino. other authoritl held as a charter er(\', and, llldependently thereof. under the authonty of
7 Callformu Gm'ermnenl Code Sections 50075-50077.5.
8 3.42.050. Findings and Declaratiuns.
9
A.
Importance of the Library to tbe quali~ of life for San Bernardino Residents.
10 Since] 905, San Bernardino has maIntained an excellent free Pubhe Library for Its resldents
I] as prolided by .\nicJe XII of the CharIer of the City of San Bernardino. The Library is an essential
12 panner in the educational, sOCial and recreational well-being of San l3ernardlllo's resIdents and
] 3 pro\ides serVices at ~orman Feldhey m Central Library and three branch II branes Villesenor Library,
14 Ingram Library and Rowe LIbrary. The mission of the Library IS to pro\'lde free access to the world
15 of Ideas, Informatlon and creatil( experience for all citizens of San Bernardino The Library IS a
16 I1Ighl\ regarded educatlol1dl and cultural center where the people of San Bernardino come together
17 to learn and participate in pubhc dIScourse. The Library aids the community III the creation of
18 informed and educated citlzenrv and provides opportunrties for free lifelong learning and economic
19 impl'Ovement
20 The Library has a strong connectIon to the maintenance of a healthy family community due
21 to Its tangible presence III San Bcrnardlllo's neighborhoods The presence of branch libraries adds
22 a specIal quality to the nelghborhoods of San Bernardino and makes a visible statement regarding
23 the importance of reading and learning. [n addition to fulfilling their traditionalhbrarv role, the
24 branch hbrarics serve as meeting places for commumty groups, gathering places for families and
25 pro\'ide valuable support to other commumty Institutions such as schools, business and cultural
26 associations The languages spoken in the neighborhood arc renected in the branch hbrar)'
. 27 collections, the needs of the neighborhood are recognIzed lt1 the special materials and programming
28 offered at the branch libraries, and the quality of life in the neighborhood is enhanced because of the
SUF.:ec1 lI_lhr~r;.LT~~ Oid]
Exhibit "A"
.
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23
24
25
26
. 27
AN ORDlN.\NCE OFTIIE CITY OF SAN IlERNARDl'\O ADDING CHAPTER 3.42
I TO THE SA'\ BER'\ARDIl\O l\Ill\ICIPAL CODE HELA TING TO A LIBRARY SPECIAL
2 II TAX FOH TE;\; YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
API'RO\"..\.L OF T'\O- THIRDS OF THE VOTES CAST BY VOTERS VOTING LPO'\' THE
PROPOSAL WITHI'" THE CITY OF SAN BEHl\ARDL'\"O.
3
4
5
branch library's presence The branch libraries represent a safe ha\ en in our neighborhoods. The
6
Library works steadfastly with neighbmhood schools to raIse the le\el of literacy 111 the eommullIty
7
For these reasons, the entire Llbrar\ system, includ1l1g all branch Ilbrarres, must be assured
8
through a funding l11echanL;m which prolldes a sIable source of funding for the entIre system.
9
Without a change in the uncertain and unstable process the budget has become, the Library
10
is at conSIderable risk of a dramatic change In Its abilrty to consIstently offer the quality and level
11
of service which the CItizens of San BernardIno so highl) \alue, and the result is an unacceptable
12
deterioration in the qualIty oflrfe for all San Bernardino residents. The tax rate classrflcatlon system
I'
J
adopted in this OrdInance appropnately meets the objectIve of deSIgning a taxing scheme which
14 relates the amount of the tax to the benefits recel\ed from the LIbrary by the person paying the tax,
IS and Incorporates the element of ability to pay into the tax rates
16
3.42.060.
Purpose.
17
A.
The purpose of tlm speCial tax IS to pro\'lde funds to the City to pay only the
18 following.
19 One-half of the annual debt senice on the bond used
20 to construct the Fcldheym LIbrary, or $333, 150.00
21 per year for each of the next 10 years, whichever
22 amount is less: and
2 Maintenance and operatIons costs of the LIbrary
B The City Counci Imay proVide for the collectIon of the speCIal tax 111 the same manner
and subject to the same penalties as, or with, other charges and taxes fixed and collected by the City,
or by the County of San BernardIno on behalf of the City of San Bernardino. NotWIthstanding the
prov'islons of this section and SectIon 342140, If the special tax is collected bv the County on
28 behalf oflhe City, the County may recover Its reasonable costs incurred for such service from the
SDF)ed [1.,hIMy2hx Ord]
6
Exhibit "A"
.
'I' A:\ ORDI:\.\:\CE OF THE CITY OF S.\:\ BER:\'.\IWl:\O .\DUl:\C CHAPTER 3.42
, 1 TO TilE SA:\' BER'\\RIlI:\O 'Ill:\lCIPAL COilE RELA TI:\G TO A LIBHARY SPECIAL
II TAX FOR TE'\ \TARS TO HELP Fl:\'1l TIlE CITY'S LIBRARIES, SlBJECT TO TilE
, il.-\PPROV AL OF T\\O-Tl.IIRDS OF THE HlTES CAST BY. VOTERS VOTl:\'G LPO:\' TIlE
! I'ROPOS_.\L \\ ITIII" THE CITY OF SA:\ BER'\AIUlI:\O.
~ II
,
"l.lbrary Specl3! lax Fund.
6 I
711
8 I
3.42.070.
Srecial Fund.
:\ There IS hereby eSlabllshed a special fund (nulled "LIbrary SpeCial Tax Fund'.
(hereiJ1afler Ihe "specIal lund.') "Joney collected pursuanlto tillS Chapter shall be depoSited Into
9
saId special lund and shall be used cxelusllely as pro\'ldcd In this Chapter for the purposes for \\hleh
10
the (clX IS lllip05Cd, and for no other purposes ]\:(lthlng In tl1]5 section shall prevent dlsbursements
II
fr01ll tlm speCial Jund to rellllburse Ihe ()eneral Fund If. and only 11. 111 f:scal 'car 2013-2014, the
12
tenth and last I car Ihat thiS lax can be Imposed by \hlS ordinance, the a!mual debt senlce has been
13
ad\3nced for that liscal year II o III the General Fund lO pay lor said annual deht serVice as prol'lded
.
14 101 1n Seethln :; 42 060.-\ ] of ihis Chapter
I'
B
Am money raised by the speCial lax. Including any Interest accrued thereon, that
16 rcmall1S unspent at the end of (11) fiscal year 1ll3> ('Illy be used 111 a succecdlllg fisc::1J year for the
17 purposes staled In tillS Chapter
18
342.080,
TJX Rate.
19
,\
Subjcctlo Section 3 42 030, "n 31,nuld speCial tax IS herebv lei. led on the folio" Ing
20 classlficallons of properly 1n the Clly
21 S20 00 on each parcel containing one SIngle family reSIdence and S20 00 for
22 each reSidential unrt 111 a resldenllal condominium proJect,
0'
cJ
2
S 13 00 on each reSidential unil per parcel for all olhel reSidentIally-used or
24 deSignated parcels,
15
3
SSO 00 on each parcel ofnon-resldcnually-used or deSignated propel1y In the
26 City.
. , 27 4
n /
If a parcel falls "'thlnIl10re than ol1e Cdtegol\, the higher tax shall be 1C\led
SDC:cd [Lil.:r~~)2Ti\)', OiJI
Exhibit "A"
.
.
21
22
23
24
25
26
. 27
28
I I
AN ORDINANCE OF THE CITY OF S.\N BER:\ARDI:'\O ADDI:\G CHAPTER 3.42
TO THE SAN BERNARDINO :\1l'NICIPAL CODE RELATING TO A LIBRARY SPECIAL
TAX FOR TEN YEARS TO HELP FUND THE CITY'S LIBRARIES, SUBJECT TO THE
APPROVAL OFT\\O-THlRDS OETHE VOTES CAST BY VOTERS \'OTll'lG LPO" THE
PROPOSAL WITHI" TilE CITY OF SA:\' BERNARDINO.
o
3
4
5
B
The annual specJaI tax provlded feJr herein shall not be lev led in any fiscal year for
6 "hlch the City Councd shall not have appropriated, as '.Ialntenance and Opcral1ons Costs for the
7 Library, a minimum amount ("Required Amount") calculated as follo"s
8
1
]n fiscal year 2004-2005, thc first fiscal vear pursuant to Section 342090, the
') Clty Couned shall approprrate the amount of $2,] 10,30000 ("Requlred Amount" fe)r fiscal year
10 2004-2005) to the Library for maintcnance and operation> costs of the Library for that fiscal year,
] I and tbis \\111 result in the subsequent levYlng of the speclal tax in fiscal year 2004-2005. The
12 Requircd Amount of 52, I] 0,300.00111 fiscal year 2004-2005 represents the total amount proposed
13 to be appropriated by the City tor thc Library for mall1tenance and operations costs of the Llbrary
14 for the 2003-2004 fiscal year as contall1ed in the City of San !3ernardino 2003-2004 Prelrminary
] 5 Octad !3udget, after ,ubtracting 5666,300.00 for the debt sen']ce on the Ilbrary bond to construct
16 Feldheym L]brary and after subtracting"n additional ~300,000.00 (Said S300,OOO.00 represents a
17 five year avcrage of the funds made available to the Library Ii()]n sources other than the C]tv's
18 annual contribution, rounded off to the nearest one hundred thousand dollars.)
19
2A
In liscal year 2005-2006, the second liscal year pursuant to Section 3.42.090,
20 the City Council shall appropnate the Required Amount for the prior fiscal year, indexed as
prescnbed In the next sentence, but not less than an amount equal to $2, J 10,300.00, and this wllI
result in the subsequent Jev'ying of the special tax in fiscal year 2005-2006. Indexing shall be done
for each oflhe second through the tenth fiscal years using tbe consumer pnce 1I1dex prepared by the
!3urcau of Labor Statistics of the Ul1Ited States Government fur all urban consumers for the Los
Angeles-Riverside-Orange County stat]stical area, or any successor Il1dex, to reflect changes 111 such
index during the 12 months wblch ended on the March I preced1l1g eacb such fiscal vear, the cost
ofliv'ing increase/decrease shall cause the previous year's Required Amount to be adjusted pursuant
to tbat index, except, in no year shall the Requlred Amount be less than $2, II 0,300 00
~DLed lLlbrary?T,u: Old]
Exhibit "A"
. 0
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4
5
6
7
8
9
.
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A'\ ORDIi\A'\CE OF THE CITY OF SA:\' 13ER:\'ARDl1\O ADJ)[1\G CH.\PTEH 3.42
TO THE SA:\' BER:\'ARDI'\O :\IL'\ICIl'AL CODE RELATl'\G TO A LIBRARY SPECIAL
TAX FOR TEN YEARS TO HELl' FL''\D TIlE CITY'S LIBHARIES, SLBJECT TO THE
APPROVAL OF TWO-TIIIRDS OF THE \'OTES CAST BY VOTERS VOTl'\G LPO'\ TilE
PROPOSAL WITIII'\ THE CITY OF SA'\' BER:\ARDI'\O.
2B The ReqUired Amount of52,110,300.00 assumes that $100,000 00 wlll be
recelved from the State of California as "State Aid - Libranes" If 11l an) IIscal )eM the amount
received as "State Aid - Libraries" exceeds 5 I 00,00000, the amoul,t 111 excess of$] 00,000,00 shall
also be appropriated by the Citv to the Llbrary for the Llbrar)' 's exclusive use and the Clt) shall not
factor in nor be crcdlted for that excess amount in determilllng the Required ,'mount in such fiscal
10 year
] ]
3
In the third IIscal year, an amount equal to the Requlred Amount for the prror
12 fiscal year. indexed as prescribed in subparagraph 2 above, but not less than an amount equal to
13 $2,] 10,300,00, indexed annually commenclng With the second IIscal year ln which the special tax
]4
lS lev ,ed, as prcscribed in subparagraph 2 abol'e,
IS
4. In the fourth fiscal year, an amount equal to the Requned Amount for the prior
16 fiscal Year, whether approprrated or not, rndexcd as prescribed in subparagraph 2 abO\e, but not less
17 than an amount equal to 52,] 10,30000, indexed annually commencing wlth the second fiscal year
18 in which the special tax is lelied, as prescrrbcd in subparagraph 2 above,
19
5
In the II nh fiscal year, an amount equal to the Requircd Amount from the prior
20 liscal year, \\'hether appropnated or not, indexed as prescnbed in subparagraph 2 abo\'c, but not less
21 than an amount equal to $2,1 10,30000, indexed annually commencrng I\ith the second IIsca] year
22 III which the special tax is levied, as prescnbed in subparagraph 2 above.
23
6
In the sixth fiscal year, an amount equal to the Required Amount for the prior
24 fiscal)' ear, whether appropnated or not, indexed as prescribed in subparagraph 2 above, but not Jess
25 than an amount equal to $2,110,300.00, indexed annually commencing \\'lth the second fiscal "ear
26 in whleh the special tax lS levied, as prescribed in subparagraph 2 above;
"~
LI
7.
In the sel.enth IIscal war, an amount equal to the Required Amount for the
28 prior fiscal year, whether appropriated or not, indexed as prescnbed 111 subparagraph 2 above, but
SDF/cd [L,hrillyn~); Ord]
o
Exhibit "A"
. "
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4
,
6
7
8
9
10
l'
. 14
IS
16
17
18
19
20
n
22
7'
LJ
24
2S
1
i
I
I A"< ORD':\A:\CE OFTHE CITY OF SA:\ BER:\ARD':\O ADDI:\G CHAPTER 3,42
TO THE SA'\' BER:\ARDI:\O ,\1 L:\'CIPAL CODE HELATlM; TO.\ L1BRAHY SPECIAL
TAX FOR TE'\' YEARS TO lIELP Fl':\D TIlE CITY'S L1BR\RIES. SLBJECT TO THE
APPROVAL OF TWO-THIRDS OF THE VOTES CAST BY VOTERS VOTl:\G CPO:\' THE
PROPOSAL WrrHI:\ TilE CITY OF SA:\ BEIU\ARDI'\'O.
not less than an amount equal to S2,1 10,30000, Indexed annually commenClng WIth the second
fiscal year in which the special tax is levied, as prescribed in subparagraph 2 above.
8 ]n the eighth fiscal year. an amount equal to the Required Amount lor the pnor
fiscal year, whether appropriated or not, Indexed as prescnbed in subparagraph 2 above, but not less
than 3n amount equal to S2,II 0,300.00, indexed annually commenclI1g with the second fiscal year
in which the special tax IS levied, as prescribed In subparagraph 2 above,
II
9.
In the ninth fiscal year, 3n amount equal to the Required Amount forthe pnor
] 2 fiscal year, whether appropnated or not, indexed as prescnbcd In subparagraph 2 abme, but not less
than an anwunt equal to S2,] 10,300.00, Indcxed annually commencing WIth the second fiscal year
In \I hich the special tax IS levied, as prescribed In subparagraph 2 above;
lOIn the tenth fiscal) ear, an amount equal to the Required Amount for the pnor
fiscal) ear, whether appropriated or no!' indexed as prescribed in subparagraph 2 above, but not less
than an amount equal to S2, I] O,JOG.OO, Il1dexed annually commencing with the second fiscal year
In which the special tax IS levlcd, as prescribed in subparagraph 2 above
C Ifat anI' time followll1g the levy ofa special tax for a fiscal veal', the amount finally
appropriated as Maintenance and Operations Costs for the Library by the elly for such fiscal year
is less than the Required Amount for such liscal year, then no annual special tax shall be lev'ied 111
the Immediately following fiscal year. In no event shall the failure to levy the Llbrarv SpeCial Tax
extend the Library Special Tax beyond the stated expiration date herein.
D The City Council shall re-evaluate the Library Special lax no later than20 12 for the
26 set forth 111 this ordinance.
purpose of detenmning whether the Library can be fully funded by the City at the level of service
.
~,
L I
E
The tax established herein shall be II1dexed annuall: by June 15t of each year in
28 accordance with the increase or decrease in the consumer price index Indexing shall be done by
~DE,cd 1I.ilmry2T;p, OrdJ
10
Exhibit "A"
.
4
5
6
7
8
9
]0
]1
]2
13
. 14
] 5
I
1
II A:\ ORDI'\'..\:\CE OF THE CITY OF SA\' BER\'ARDI:'\O ADDI:'\G CIIAPTER 3.42
TO THE SAN BER:'\ARDI'\O '1l''\'ICIPAL CODE RELA TI'\G TO A LIBRARY SPECIAL
,
" · TAX FOR TE:\ YEARS TO HELP FU'\D TIlE CITY'S LIBRARIES, SUBJECT TO TIlE
, I APPROVAL OFT\\O-THIRDS OFTIIE \OTES CAST BY VOTERS \'OTI'\G LPO\'THE
PROPOSAL \\ITHI'\' THE CITY OF SA" BER\'ARDI'\O.
.Tune] st of each of the nine flscal veal's after the first fiscal vear uSing the consumer price index for
all urban consumers for the Los ,\ngeles-Ri\Crslde-Orangc Coullly statistical area to lcOect changes
In such l!ldex during the] 2 months wl1lCh ended the preceding t..larch I
3.42.090.
Term.
The annual special tax provided for herem shall be leVied 111 the flrst two fiscal years,
commencing in tlscal year 2004-2005, and may be lev'ied In anv or all of the eight flsca] years
thereafter, eommenclI1g wnh fiscal year 2006-2007 and ending 111 fiscal year 20] 3-20] 4, Such lC\}
mav onlv be extended with the approval of the loters by two-thirds of the votes cast by voters voting
upon such a change at a municipal elcctlOn called for that purpose
3.42.100.
Adjustments and Refunds.
A Requests for adjustments IJl\olving lmposnlon of this tax may be filed with the City
16 Treasurer Upon sufficient evidence of error 111 the computation of the tax, the Clly Treasurer or
17 hls'her designee shall cause the tax to be recalculated, and shall so adVise the San Bernardino County
18 Tax Collector or other appropriate oJlicial.
]9
B
Whenever it IS alleged that the amount of an v tax has been o\erpaid or paid more than
20 once or has been erroneously or illegally collected or received by the Cltv under tlm Chapter the
21 refund procedure shall be as fol]ows.
22 1\'0 clalln for refund of tax payment shall be allow('d in whole or in part unless
23 filed \\ ith the Office of the City Treasurer withm a period of three years from the date of the claimed
24 overpayment. This ll1c]udcs claims for refund of tax payment due to failure to preVIOusly file and
25 have appro\'Cd an cxemptlon application pursuant to Sections 342.030 [and 342.030 F All such
26 claims for refund of the amount of the 0\ erpaymcnt must be filed on forms furnished, and in the
. 27 manner prescnbed by the City Treasurer. Refunds may be made solely from the Library Special Tax
28 Fund;
SOEAd !Llbrilf) 21<1\ OrdJ
I'
Exhibit "A"
.
, AN ORDI:\;\:\(T OF THE CITY OF S;\1\ BER1\ARDINO ADJ)j:\G CHAPTER 3A2
i - - . - .
, I TO THE SA:\ BER'\'ARDI:\O :\Jt:\ICI PAL CODE RELATI1\G TO A L1BRAR\ SPECIAL
TAX FOR TE'I YEARS TO HELl' F1"\D THE CITY'S LIBRARIES, SL'BJECT TO TilE
) I APPROVAL OFT\\O-THlRDS OFTHE VOTES CASTBY VOTERS VOTlJ\G CPO:\TIIE
i PROPOSA.L \\ITHI:\ TilE CITY OF SA\' BERNARDINO.
4
,
In the e\'ent the Cily Treasurer denies the clalln, he/she shall not1fy the
')
6 claimant pursuant to Cahforl7w C;O\(I'I1I71CI7I Code Section 913, or its successor Cl1de or Section
7
The City Treasurer shall ha\'e the po\\'er to seule claims involving the special tax, and
c
8 the po\\'er to accept and record underpayments or o\'erpayments of such tax The Clly Treasurer
9 shall haw the authorit)' to make refunds of tillS tax,
]0
D
If the Count) of San Bernardino docs not collect an)' tax due under this Chapter, then
] I the Clt)' Treasurer or his/her des1gnee shall ha\'e the po\\'er and duty to enforce all of the provisions
] 2 of this Chapter. In such cases an assessment may be made agamst the owner of a parcel and
13 1mpro\'ements in the manner pro\'lded b)' law An)' unpaid tax due under this Chapter shal] be
. 14 subject to all remedies prm Ided by la\\
TO
LL
J'
~j
24
25
26
. n
] 5
E
The speCial lax shall be due It1 two equal installmel1ls It1 accordance with the
16 collection procedures of the San BernarJlllo Count) Tax Collector \\ith the first Installment due
] 7 No\ember], and the second installment due the next succeeding February], in each fiscal year. Tbe
]8 owner of the land, or land and impro\'ements, at the time set fortb in California Revenue and
19 Taxa/lOll Code Scct10ns 405 and 2192. orthe1r successor Codes and/or Sections, for each fiscal year,
20 shall hale a personal obligation to the City of San Bernard1no unlll tbe tax is paid for each fiscal
2] \'Car.
3.42.1 10.
Severability.
If any seCllon, subsection, part, clause, sentence or phrase of th1S article or the application
thereof is for any reason held to be invalid or unconstitulional by the decls10n of any court of
competentJurisd1clion, the \'alidity of the remaining port10ns of the article, tbe application thereof,
and the lax imposed shall not be affected tbereby, but shall rema1n in full force and effect, it being
tbc Intention of the voters to adopt each and elery sect1on, subsecl1on. part, clause sentence or
28 phrase regardless of \\hether any other section, subsection, part, clause, sentence or phrase or the
SI)[ied (L,hf<l.r)'2T~\ Ord]
"
Exhibit "A"
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0
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4
5
6
7
8
9
]0
II
]2
. 13
14
15
18
] 9
20
2]
22
0'
d
24
25
. 26
27
28
A:'> OIWINANCF: OF THE CITY OF SA:'> BERNARDI\O ADDI\G CHAPTER 3.42
TO TlIE SA\ BERNARDINO '\lCi\ICIPAL CODE RELATI:\(; TO A LIBRARY SPECIAL
TAX FOR TE\" YEARS TO HELP FliND THE CITY'S LIBRAHIES, SUBJECT TO TIlE
APPROV AL OF TWO- THIIWS OF THE VOTES CAST BY VOTERS VOTING CPON THE
PROPOSAL WITHIN THE CITY OF SA:'> BERNARDINO.
application thereof is held to be in\alid or unconstitutional
3.42.120.
Effeetil'e Date.
I. This ordinance. which Inies the special tax described therein. shall be submitted to
the v'oters ufthe City of San Bernardino at a Special Election to be held on No\ember 4, 2003. The
taxes dClerl1lllled and proposed by this ordinance for le\y for the ten (]O) fiscal \ears beglllnlng on
and after .Iu]v I. 2004. shall be ]evled only if this ordinance IS approved by a vote of not less than
two-thirds of the votes cast by the voters voting on the special tax proposal set forth in the ordinance
Jf the ordinance IS approved by the requisite number of \otes, Chapter 3.42 shall henceforth and
thereafter be conSIdered a part of the Sun Bernurdll70 /vful1Iclj7ul Code
o
L
The questIons of whether tlm ordinance shall be added to the SO/1 Bernord/no
,\1uI1IClj7al CoJe as provided herein shall be submitted to the electors of the Cily of San Bernardino
16 pursuant to CalIfornia law regarding special taxes. Said election shall be called. cluthoflzed and
17 pro\ided for III a manner provided by law
3.42.130.
Annual Hcport.
A At least once a year after the first fiscal year in which the speCial tax is levied, and
for each vcar thereafter in which such special tax is levied, the Clly Treasurer shall tile an annual
report with the City Council contail1lng both of the following
The amount of funds collected and expended; and
2. The status of either use required/authoflzed to be funded
as identified in Section 3.42.060 above.
3.42.140.
Exclusive Cse of Library Special Tax Funds.
Under no circumstances shall any monies 1n the Library Special Tax Fund be used for any
purpose other than maintenance and operation costs of the Library and payment of one-l1alf oithe
annual debt service on the bond used to construct the Fcldhe\m Library, or $333, 15000 per year for
SUE/cd [L,brilr\2Ti1^ OrdJ
I]
~v'h;"hit "A"
~ II
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A\' ORDINANCE OF THE CITY OF SAN 13ER\'ARDINO ADDING CIL\PTER 3.42
TO THE SA"i BERNARDINO l\lU,ICIPAL CODE REL\ TI\'G TO A LIBRARY SPECIAL
TAX FOR TEN YEARS TO HELP FtND THE CITY'S LIBRARIES. Sl'BJECT TO THE
A[,[,RO\AL OFTWO-THIRDSOFTHE \OTES CASTBY\OTERS \OTl"iG C[,O'\' THE
PROPOSAL \\ITHIl\ THE CITY OF SA'\' BER'\ARDI"iO.
each of the next ten (10) \'cars, whiche\'er amount is less.
SECTION 2. ThiS Ordinance shall not become effectl\'e unless it IS approved by lwo-thlrds
of the voters of the City of San Bernardino at a Special Election held on )Jo\'ember 4,2003 and, lf
apprmed, shall be in effect only for the le\'ying of such taxes for ten (10) fiscal years commenCing
9 July 1,2004 and endlllg.lune 30, 2014
10 SECTIO"i 3. This Ordll1ance shall not be amended or repealed dunng said ten (10) fiscal
II year term unless such amendment or repeal is approved by the required number of\oters of the City
12 of San Bernardino at an election called for that purpose.
] 3
]4
15
16
17
] 8
19
20
21
22
23
24
25
SDF/ed [l_lbr;H~2T~\. OrdJ
I'
Exhibit "A"
.2
RESOLUTION N~ 0 r V
3
RESOLUTION OF THE CITY OF SAN BERNARDINO SlJBl\lITTING TO THE
QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A BALLOT
MEASURE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE
CITY'S LIBRARIES; TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO
THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF
AN I;\-IPARTIAL ANAL YSIS.
4
5
6 BE IT RESOL VED BY THE 1\1 A YOR AND COMMON COrNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION I. Recital.
9
A.
Pursuant to Section 9222 of the Elecrio/7s Code of the State of California, the
10 legislative body of a city may submit to the voters, without a petition therefor, a proposition for the
II repeal, amendment, or enactment of any ordinance. to be voted upon at any succeeding regular or
12 special city election.
13
B.
Pursuant 10 Article XIIIC S2(d) of the CO/7Slirulio/7 of the State of California, a
14 special tax must be submitted to the electorate of the local jurisdiction and approved by a two-thirds
. 15
16
vote.
c..
Pursuant to this authority, the Mayor and Common Council have adopted this
17 resolution submitting to the voters of the City of San Bernardino for their approval or disapproval
18 an ordinance which, if approved by the voters, would impose a special tax for ten years to help fund
19 the City's libraries.
20 SECTION 2. Submittal to Electors. The ordinance attached hereto as Exhibit "A" is
21 submitted to the qualified electors of the City of San Bernardino for their approval or disapproval
22 at a special municipal election to be held on Tuesday, November 4,2003.
23 ill
24 I I I
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7
8
9
10
II
12
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14
.15
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17
18
19
20
21
22
23
24
25
.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUBJ\lITTIl\'G TO THE
QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A BALLOT
MEASURE RELATING TO A SPECIAL TAX FOR TEl\' YEARS TO HELP FUND THE
CITY'S LIBRARIES; TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO
THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF
AN IMPARTIAL ANALYSIS.
SECTION 3. Measure. The measure to be voted on at the consolidated special municipal
election as it is to appear on the ballot shall be as follows:
MEASURE Shall the ordinance
adding Chapter 342 to the San Bernardino
Municipal Code be approved by the voters so
that a special tax shall be imposed for ten years
to help fund the City's libraries"
FOR THE ORDINA1\CE [ ]
AGAfNST THE ORDrNANCE []
The measure shall be designated on the ballot by a letter printed on the left margin of the
square containing the description of the measure as provided by law.
SECTION 4. Transmission of Proposed Ballot Measure Documents. Pursuant to the
Elections Code of the State of California, the City Clerk is hereby directed to transmit a copy of the
ballot measure, and all other necessary documents, to the office of the City Attorney for purposes
of preparation of an Impartial Analysis.
SECTION 5. Filin!! of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
III
26
III
III
III
III
III
27
28
\
J-lTC'edll.lb Tax I rC$o)
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3
4
5
6
7
8
9
10
11
12
13
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.15
16
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19
20
21
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27
28
.
RESOLUTIO\' OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE
QCALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A BALLOT
MEASlJRE RELATING TO A SPECIAL TAX FOR TEN YEARS TO HELP FUND THE
CITY'S LIBRARIES; TRANSMISSION OF THE PROPOSED BALLOT MEASURE TO
THE OFfICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF
AN IMPARTIAL ANAL YSIS.
] HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on
day of
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AIN
ABSENT
ESTRADA
LONGYILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
CITY CLERK
The foregoing resolution is herebYlpproved this
day of
,2003.
JUDITH Y ALLES, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
Byb lf~~
o
t-nC/ed{Llh TJX I reS0]
!
II
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I,
A:\' ORDI:"A:\'CE OF THE CITY OF SA:\' I3ER:\'AIWIV) ADDI:\'C; CII\PTER 3.42
- I TO THE SA:\' BER:\ARDI:\'O '\ll:\'ICIPAL CODE RELA n:\'c; TO A LIBRARY SPECIAL
c TAX FOR TEN YEARS TO HELP FV\'1J TilE cnY's LIBRARIES, Sl'BJECT TO THE
APPROVAL OF nVO-TIIlRDS OF THE VOTES CAST BY VOTERS \'OTL'G LPO:\' TilE
j I PROPOSAL \\ !THE, THE CITY OF SA:\' BER:\'ARIJI:\'O.
i
'I
,
.
ORDl:\'A:\'CE :\'0.
)
THE 1\1 A YOR AND CO\1\100! COL')\J(][ OF TilE CITY OF SAN BER!\'ARDf?\O DO
6 ORDAr", AS FOLLO\\S
SECTIO:\' I.
8 as follo\\s.
9
10
11 Sections:
121 3.42.010
3.42.020
]:3 3.42.030
3.42.040
. 14 3.42.050
3.42.060
15 3.42.070
1611 3.42.080
3.42.090
171' 3.42. I 00
3.42. I 10
181 3.42.120
3.42. I30
1 3.42.140
19
=0
3.42.010.
Chapter 34215 hereby added to the San f3cmordll70\1w7IClpa! Code to read
Chapter 3.42
LIBRAHY SPECIAL TAX
Short Tille.
Definitions.
Exemptions.
Special Tax.
Findings and Declarations.
Purpose.
Special Fund.
Tax Hate.
Term.
Adjustments and Refunds.
Severability.
Effective Date.
Annual Report.
Exclusive Use of Librai') Special Tax Funds.
Short Title.
21 T!m chapter shall be kno\\n and may be Cited as the "Cll)' of Son Bernardmo Library SpeCial
22 Tax Ordinance "
~,
d
3.42.020.
Definitions.
24 The fol!o\\ing \\ords and phrases whenever used in this Chapter shall be construed as defined
25 111 t])15 sectIOn
26
A
"Burldll1g . means any structure ha\ll1g a lOaf supported b)' col Ul11ns or \lalls, for the
. 27 housll1g, shelter or enclosure of persons, animals, chaltel, or propcrt\' orany k]nd,
28
B
"Condom]n!ul11 ProJect" means a cOndOmll1lUm as defined ]n Section 1350 of the
'.,:)f'ui [L,rr~r\21~\ Ord)
Exhibit "A"
. "
L
~
~
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6
.
A:\ ORDI'\A\CE OF THE CITY OF SA\ BER'\AfWI'\O AIlIlI\C CIIAPTER 3Al
TO THE S,V\ BER'\ARDI\O :\It \,ICI]'AL CODE HELATI\G TO ,\ LIBH \I{Y SPEC!.\L
TAX FOR TE,'\ \TAltS TO HELP Fl'\'!) TilE cln 's LIBRARIES, SlBJECT TO THE
APPROVAL OFT\\O.T1I1RIlS OF TIlE VOTES CAST BY VOTERS \(HI:\G LPO'\ TilE
PROPOSAL \\'ITHI'\ TIlE CITY OF SA\ BER'\\RDI\O.
CIvil CoJe, or lls successor Code or SectIOn, n communl!y apartment project 35 defined Jll Section
11004 of tile nU,~It1L'jS and Profcssw}7!:J Code, or Its successor Code or SectIon. or a stock (nOpCrall\'e
7
as defined In Sectlon 11003:= of the BUS/l7CSS ond PrO/CS5:10170! Cnde, or Its SUCCCssC\r Cude or
8
Section,
9
c
';Impro\cment to property" means a buIldIng or other IlTlprO\'~mcl1t erected un OJ
10 affixed [(I a paled, excluding park!:lg Qructule5,
II
D
"Library" means the San BernaldlllO PubliC Llbral\' Slstem and each oiLhe branches
1::: thereof as lhe same lT1d:': eXist from tlI11C to tlllle; together w1111 dn) JJdltJOllS or bcltermcnts thereto.
l':l I f
' II or Improvemen,ts, e>;tenslons or expansions t lC,reo "
14 1-, 'MalntenaIlce and Operallons Costs of the Library' means (1) all,casonable and
15 neceSS3!'\' costs spent or Incurred bv the City for malntallllng and operatlllg ti,e Ilbrclf\', calculated
] () 111 accordance With generaliy accepted accountJJ1g prlllciples lncludl11g, but not Illl1Jted to, all
17 amounts paid or payable from time to time for books, peflodicals, reference mateflals, research
18 matcnals, subscnptlon senlces or other Information sources, In 1\ hate\ er form they may take,
19 operated or utilized by or through the Library, the reasonable expenses of management and repair
20 and other expenses necessary to mall1t31n and preserve the Library 111 good repair andl\orklng order,
2] salaries and wages of employees, paymEnts to employees' rctnement systems, taxes, If an)', fees of
~2 auditors, accountants, attorneys or cngineers and insurance prCl11lUl11S,
00
.::.j
(2)
depreciatIOn, replacement and obsolescence charges Or reserves therefor.
24
(3 )
costs of capnal addlllons, replacements. betterments, extellslons or Improvements to
25 the Library, which under generally accepted accountmg pl'lllClpleS arc chargeable to a capital account
26 or 10 a reselle for depreCiation, but shall not be construed to mean costs to prcl\ldc support sen'lces
. ,27 to the Library by any other Depailment oftl:e City,
28
L,
F
"Parcel" means a UllIt of real property as shown on the last equalized assessment roll
S[+'~J [LIt'wl 21 i\ Ord;
Exhibit "A"
.
9
]0
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] 2
13
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15
16
I II ,\'\ ORIH'\A:'CE OF TIl E CllY OF SA' BFlt',.\RDI'O\DDI'\G ClI\I'TER 3.42
, Ii TO TilE SA'\ BEH.'\ARDI'\O \IL:\ICIPAL COllE IUI,\ II.'G TO A LIBRARY SPECIAL
L II TAX FOR TL'\" EARS TO lIELP FL':\1l TIlE CITY'S L1I3R\RIES, SL'BJECT TO TIlE
, II APPRO\,\L OF TWO-TlIlRDS OF TilE \OTES CAST BY HlTEHS HHI'G LPO:\ THE
411 PROPOSAL \\ITHl:\ THE CITY OF SA'\' BER'\ARDI'\O.
I
5 I of Sao IJernardmo County
6 I
G
"Required Amount ., means thl...' iTIil1JmUlll amount \\hlCh must be apprOprJClled In a
7 fiscal year by the Cd)' as \'la.inlenancc ,1I~d OpcralJOlls C(l5tS for the Ll brar:, :n nrdcr 10 Ic\"y a specIal
8 tax In lhat fiscal year
I I "State Aid - LI~raIICS" meam funds recel\ cd fr"m the Stale of Callforma pursuant
10 Title], DlvlsJ('n I, Part] I, Chapter I S, ArtiCleS I - 4 of thc Educu/iOl1 Code of the State of
California (The PubliC Library Finance Act of 1982), or anv other State law rcsultll1g 111 funds
I received frol1lthc State for use lw the Library, except grants for specific projects or speCific se!\lces
which arc applied for by the Library and receJ\ed from the State of Cali forma
3.42.030.
Exemptions.
A ~othlng in thiS Chapter shall be construed as llnposlng a tax upon any person "hen
llnposlt;on oisuch tax IIponth3t person "ould be In \Iolatlon of either the Constitution oithe Umled
17 States or the Constitution oi the State oi Calliornla
18
B
The tax Imposed by this Chapter sha]1 not be levlcd upon the iederal govcrnment, the
19 stJtc gO\ ernmcl1t, any stJle agency', or allY IOCJ! governmental agency, when impOSitIon of sllch tax
=0 would be 111 \Iolatlon of either the Constitution oithe UnIted States or the Constnutlon oithe State
21 I of Ca]lforma
'"
Lc
c
1 he tax Imposed by tl1lS Chapter shall not be leVied upon a parcel of property or
23 llnpl0\ement to property which IS owned by a house oiworshlP or community service organr,atlon
24 which qualifies ior an exemption from ad \'a]olem taxallon ior said parcel or llnprOyement under
25 Calliornla law
26
I),
The tax Imposed bv this Chapter shall nOl be lelled upon any person Ii such person
. ~ 7 leCel\es an exemption irom the Senlce Usel . s Tax Imposed by Chapter 3 4~ of the Sun /Jcr/wrdmo
28 MUI7IClpal Code
S~)f>d rLd)r<H:2T~\ (Jrij]
Exhibit "A"
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9
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17
18
19
20
21
22
23
A:\' ORDI:\'A:\'CF OF THE CITY OF SA:\' BER:\'ARDI:\'O ADDI'iG CHAPTER 3.42
TO TilE SA'i BER'iARDJ'iO \1l':\'ICIPAL CODE RELA T1."\G TO A L1BIU.RY SPECIAL
TAX FOR TE:\' YEARS TO HELP fCo,D THE CITY'S L1I3RAHlES, SUBJECT TO THE
APPROVAL OfT\\O-TIlIlmS OFTIIE VOTES CASTllY VOTERS VOTl'iG l'PONTIIE
PROPOSAL \\ ITHI:\' THE CITY OF SA:\' llER:\'.\RDINO.
E. The tax Imposed by this Chapter shall not be levied upon any owner of a parcel
cOnlalJ1l11g one smglc family l'CSldcnce for that parcel or upon any owner of a resldentia] Ulllt In a
residential cond0l11lnium proJcct for that unit If ]) either of such owners is 62 ;/, years of age Or
older and the annual gross income of the household fClr cither of such owners does not exceed the
annual gross IJ1Comc ]evel for sixty percent (60%) of the 1\ledian Income Limit based upon the
number of persons In a household as published annually in the U S Department of Housing and
l'rban De\'elopment (HUD) Home Program Income Limits for the Riverside-San Bernardino
12
Primary Metropolitan Statistical Area, with the addition of the following amounts to the
1,
J
corresponding income le\cls, Family Size of I - $5,000,00. and Family Size of 2 or more _
S] 0,00000. and, 2) either of such owners has applied for an exemption from sald tax based on these
prO\lsions and sald exemption applrcation has becn approved by the Clty All sllch exemption
applications must be tiled on forms furnished, and in the manner prcscribed by the City Treasurer.
F The lax imposed by tlm Chapter shall not be Imposed on any owner of a parcel
containing one single family rcsldence for that parcel or upon any owner of a reSidential Ulllt in a
residential condomInium proJect for that unit if: ]) either of such owners meets the crltcria of
dlsahillty bv Ihe Social Security Admilllstration '5 Supplemental Income program for the Agcd, I3lrnd
and Disabled (Tille XV] of the Social Security Act, as amended), and, 2) either of:such owners has
applred for an exemption from said tax based on these provisions and said exemption applrcation
has been apprO\'ed by the City, All slIch exemption applications must be filed on forms furnished,
24 and in the manner prescribed by the City Treasurer.
')-
c)
3.42.040.
Special Tax.
26
A
There is herebv imposed a special tax on each residential parcel or dwcllrng unit, or
. 27 non-residential parcel wlthll1 the CIt) of San Bernardino for the purposes set forth In thiS Chapter
28 at the rate speCified herein,
SUE,'ed \Llhr(l1)2T<t~ Ord~
Exhibit "A"
Ii
I,
I
. II
II
I
, II
4 II
II
5 I
6 I
I
8 I
9
10
II
12
13
A\' ORDl,""\'CE OFTIlE CITY OF SA\' BER\'''R])J\,O ADDI'G CIlAp rEI< 3.42
TOTIIE SA\' BER\'ARDI\'O l\!l\iICIpAL CODE HELA TIV; TO A LIBRARY SPECIAL
TAX FOR IE\ YEARS TO HELP IT\'D 1 lIE cny's LIBRARIES, SlBJECT TO THE
AI'I'HO\.\L OFT\\O-TIIIRDS OFTIIE VOTES CAST BY VOTERS \OTI\'G L1'O\i TilE
PIWPOSAL \\ IlIlI\' THE CIlY OF SA"Ii BER:\..\HDI\'O.
B Tim tax 11 cmeted under the aUlhor11y of Secllol1 41 of the Charter of the Cllv of San
Bcrnardlno, olher autho11\\ held as a charter C1I), and, lndependently thereof, under the authurrly crf
Col'/orn/{) G'()1'r?rnmenr Code SCCtJOllS S0075-500jj 5
3.42.050. Findings and Declaratiuns.
A. Importance of the Lihrar} to the qualit) of life for San Bernardino Residents.
Slnee ] 'l05. S3n Bernardrno has marnlarned an excellent Free PubllC Llbrary for 115 residents
35 pJO\lded bv Artrelc XII of the Charter of the Crlv of San Ikrnardmo The Llbrarv lS an essenllal
!Cartl1er 111 the educationaL soclal and rccreallOnal well-being of San BernardInO'S relldents and
pro\idcs senlces cll '\Jorman Fe I dheYI~l Ceniral Ll brary and 1 hree branch Ii brdfles \' Illesenor L.lbrary,
. 1-1 Ingralll Llbrary Jnd Rowe L,bral'\, fhe mlSS1011 of the Llbral) IS 10 prOVide free access to tbe world
IS of Ideas, Informallun and CleatJ\e expcnence for all Cllllens of San Bcrnard;no The Library is a
16 hlgbly regarded educallonal and cultural center where Ihe pwplc of San Bcrnardlno COIllC together
17 to learn and partlclpate In publiC discourse The Lihrary aids the communll\' m the creation of
18 Informed and educated cltlzenrv and pros Ides oppOr!Unllles for free lifelong learnmg and economlC
] 9 Improvement
~o The Llbrary has a stlong connection to the maintenance of a heal1hy famJly commul1llY due
2] to 115 tangible presence lf1 San Bell1ardlno's nClgbborhoods The presence of branch Ilbrarres adds
22 a special qua 111) 10 the nClghborhoods of San Bernardmo and makes a \'lslhIe slatement regardmg
23 Ihe Importance of reading and Icarnlng In addltlon 10 fulJIIIlng Iheir tlddlllonalllbrary role, Ihe
2-1 branch Ilbrarres serve as meeling places for communllY groups, gatherrng places for famrlles and
25 pro\'lde valuable support to other COmlllUnl!\, rnstllullons such as scbools, bUSiness and cultural
26
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i /
28
aSSOCiations. The languages spoken In the nelghborlwod arc renecled In the branch library
I colkctlons, the needs ofllle neighborhood 3re recognized ln the sreclal m3ten31s and progr3mll1ll1g
offered at Ihe branch Ilbranes, and Ihe qUdlrty of life 111 Ihe nClgllborhood is enhanced because oflhe
SDF ell fL.brM;n", Old]
Exhibit "A"
.
.
24
25
26
. ""
\.L/
28
A:\ ORIJI:\A:\CE OF TilE CITY OF S\:\ BFH:\.\RIJJ:\O ADDI:\C CIIU'TEH 3.4~
TO THE SA:'\ BEH:\ARDI:\O \ILi:\IClPAL CODE REL\TI:\G TO.\ LlBIL\RY SPECIAL
T.\X FOR TE:\ YEARS TO HELl' FL:")) TIlE CITY'S L1RIL\HII:S, SlRJECT TO THE
I APPROVAL OF l\\O-THIIWS OF THE VOTES CAST BY \OTERS \OTl:"C LPO:" THE
J i PIWPOSAL \\ ITHI:\ TilE CITY OF SA" IlER:\ARDL'\O.
o
,
"
)
branch library's presence The branch libraries represent a safe h,,, (n111 Our !1clghbo1l1oods The
6
LIbrary works sreadfilstly" Ilh neighborhood scl1(>ols 10 ralSe the leI el ofhterac" in the communlt)
~
For these reasons, Ihe entIre LIbrary slslem, ll1Cludlng all branch libraries, must be assured
8
through a fundIng meehal1lsm \\hleh prol'ldes a stable Source of fundIng for the enlire system
9
Without 3 ehilllge In the uncerlJln and un.'lab!e process the budge! has become, the Llbran
10
IS at conSiderable llsk of J dramatIC change In ils abilJll to consIstently offer the qual:!) and level
I]
(If sen Ice \\hlch the CI[lzens of San Bcrnardll10 so hlghll 'alue, and the result IS an unacceptable
, "
1 L
de!cnora!lon In the guallty oflrfe for all San Bermrdlno reSIdents The tax rate classlficalJon system
]]
aJoptcd In thiS Ordinance appropnalely meets the oblcclll'e of deslglllng a taxll1g scheme "h,ch
I
14 ' relales the amount oflhe tax to the benefits receIved from the Llhrary by the person j1aYll1g the tax,
l'i and lI1corporates tbe element of abilIty to pay Into the tax rates
Ie,
342.060.
Purpose.
]7
A
The purpose of thIS speCial tax IS to prOllde funds 10 the Cily to pay only the
18 follOWing
19 One-half of the annual debl sen Ice on the bond used
20 to construct the Fddbeym LIbrary, or 533:1,15000
21 per year for each of the next] 0 years, whichever
22 amount 15 less, and
~^
L1
2
\larntcnanee and operations costs of the Llbrarv
B The City Council mal prollde for the collectIon of the speCIal tax lI1!he same manner
and subject to the same penaltIes as, or II'Ith, other cbarges and taxes fixed and collected by the C,ly,
or by the Count v of San Bemardll10 on behalf of tbe City of San Bemardil10 Notwllhstandll1g the
prO\1Slon:i of thIS section and Seclion 342140, if the speCIal tax IS collected by the County on
behalf of the Cltl, the COLlnty ma) reCOICl Its reasonable costs inculTed for such service from the
SDEid :U;r.wJTJ>' Oldi
6
Exhibit "A"
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I
I
! A:\ ORD/:\.\:\CE OFTH [CITY OF SA:\ BER:\ARDI:\O ADDI:\G CHAPTER3A2
I
, I TO TilE SA:\ BER:\.\RDI:\O l\IU\ICIPAL CODE RELUI:\G TO A LIBRARY SPECIAL
TAX FOR TE:\ YEARS TO IIELP H:\D TilE CITY'S LlIlRAHIES, SUBJECT TO THE
. APPROVAL OF T\\O-THIRDS OFlTIE VOTES CAST BY \OTERS VOTI'\'G UPO:'> THE
PROPOSAL \\ITHI'\' TIlE CITY OF SA:\ IlER:\ARIlI:\O.
4
5 "Llbrary SpecJaI Tax Fund-'
6
3.42.070.
Special Fund.
7
A.
There lS hereby establrshcd a special fund entitled "Library Special lax Fund"
8 (hereinafter the "special fund"). "loney collected pursuant to tl1lS Chapter shall be deposrted llllo
9 sald special fund and shall be used excluslveh as provided in tillS Chapter for the purposes for which
] 0 the tax is imposed, and for 110 other pmposes Nothing in this section shall plT\Cnt disbmsements
] I tiom tlm speCial fund to reimburse the General Fund 11', and only If III fiscal year 2013-20]4,the
] 2 tenth and last vear that this tax can be u11posed by thlS ordinance, the annual debl sernee has been
] 3 ad\anced for that fiscal vear from the General Fund to pay for sald annual debt sen'ice as provided
. ]4 for in Secti,)]]] 42060:\.1 of this Chapler
] 5
8
Any money ralsed by the speeral tax, including any llllerest accrued thereon, that
16 remains unspent at the end of any fiscal \'ear may only be used "1 a slleceedlng fiscal year for the
] 7 purposes staled in this Chapter
J 8
3.42.080.
Tax Rate.
] 9
,.\.
SubJeCllo Section 342030, an annoal speCial lax is hereby levied on the following
20 elassificatlons of properly rn the Clly.
2]
1.
S20.00 on each parcel contallling one srngle famrly rcsldence and $20.00 for
22 each rcsldential unrt in a residential condominium project,
~,
Lj
"
"
$] 3.00 on each resldemial unrt per parcel Jor all other resldenllally-used or
24 designated parcels:
25
3
$50.00 on each parcel ofnon-residentially-used or designated proper1y in the
26 City
. o~ 4
_I
28 //1
If a parcel falls \\ithin more than one calegon, the higher tax shall be levied
::,DE':cd [Llbrilr~2Til" 0[01
Exhibit "A"
. ,
~
"
5
6
9
10
II
12
13
. I"
1 S
1(,
17
21
22
23
2"
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26
. ~7
28
L__
Y\ OIW/:\A\CF OF TH r: Cl1 Y OF S\\ BER\AIU1I'\O .\DDI'\C CIIAPT[jUA~
'1 aTIlt: S'\'\ BER\.\JWI'\O \ll:\ICIP.-\L COOE REL\ Tl\G TO.-\ LIBRARY SPECIAL
TA\ FOR TE'\ YEARS TO IIELP Fl'\D TilE CITY'S LILlRARIES, snureT TO TilE
/d'I'HO\AL OF 1\\ O-TIIIRDS OF TIlE YOTES CAST BY H)TERS \'OTl'\G LPO:\ THE
PROPOSAL \\ITI-II'\ THE CITY OF SA\ BER'\ARDI:\O.
13 1 he annu,j special tax pro\'lded fe)r hercln shall not be ie\ Icd IJ1 an) fiscal \ear for
v,hleh the City Coul1cll shall 11c,1 ha\ e Jppropnaled, as \"1Jintenance and Opcratlons Costs for the
-; Llhrar\'. d JlilJ1llTlUm amount ("Rcquned Amount") CJlcuJatcJ as rollo\\s
8 In fiscal year 200"-2005, the first fisCJI ye3rpursuant to Sectlon342 090, the
Ct) Council shall appropriate the amoulll of 12.110.30000 ("ReqUired :\mcunt.. fClf fiscal vear
2004-2(05) to the Llenar) lQr malnten3nce and operatJollS costs of the Library for that fiscal year.
and 1hls \\ ill result In the subsequent le\'\'ing of the speCial tax In fiscal )eal 2004-2005 The
ReqUired /\:nount of 12.1: 0.30000 III liscal \eM 2004-2005 represents the total amount proposed
to be appropnated by the City for the Llhary for 111dlntcnance and operations costs of the Library
for the :'003-:'004 fiscal year as contamed In the Cny of San Bernardino :'003-2004 Prehmmary
Detail Gudgel. after ,ubtractll1g 5666.300 00 for the debt senlce on the library bond to construct
['l'ldheym library and after subti3ctmg an additional S300,OOO 00 (Said S300.000 00 lepresents a
five vcar average of the funds made 3\ allable to the Library frem sources uther than the e,tv's
] 8 annual contnbutlon. rounded off to the nearest one hundred thousand dollars)
19
:'A
In ilscal \ ear 2005-2006, the ,econd fiscal year pursuanttCl Section 3 42 090.
20 the Cltl Council shall appropnate the Requlled Amount for the pnor fiscal \ear, Indexed as
prescflhed In the next sentence, but not less than an amount equal to 12.110,30000. and thiS wIll
result 111 the subsequent Ie\ymg of the special tax In fiscal year 2005-2006 IndeXing shall be done
for eacb "fthe second through the tenth fIScal years uSing tbe consumer prIce Index prepared by the
Bureau of Labor StatIstiCs of the Ul1ltcd States Government for all urban consumers for the Los
Angeles-RlIcrsJde-Orangc County statistIcal alca. or an\' successor Index. to reflect changes In such
Index dUring the] 2 mUliths IIhleh ended on the :-vlarch I preceding each such fiscal year. the cost
ofli\lI1g Increase/decrease shall cause the pre\ 10US) eal's ReqUired Amount to be adjusted pursuant
to tml Index. except, 111 no year shall the ReqUired .'\mount be less Ihan S2, II 0,30000
SD[icJ il_I!"or;;r\?T,lJ; OIU]
Exhibit "A"
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I
"
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II
I'
I
, I
I
411
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6 II
7 I
I
8 I
91
Y\ ORIlI:\A'\CE OF TH E CITY OF SA:\ llER:\ARDI:\O ADDI:\G CH\PTEH 3,42
TO TilE S.\\' llFR:\ARDI"\O \1 L:\IClPAL CODE RELATl:\G TO A L111RAR Y SPECIAL
L\X FOR TE:\ YEARS TO HELP Fl'\'D THE CITY'S LIBRAR[ES, SLBJECT TO THE
API'HOVAL OFT\\O- THIRDS OF THE VOTES CAST BY \OTERS \ (HI:\G LPO:\ TilE
PROPOSAL \\ ITHI:\ THE CITY OF SA!\ IlER'\ARDI:\O,
213 The ReqUired Amounl of 52,1 10,300 00 assumes thai 5100,000 00 \\111 be
recci\cd f'Om the Slale of California as "State Aid - Lib!3f1cs' If In 3n\ lisca] yeM the amoul1l
recclved as "Stale Aid -llbralles" exceeds S i 00,00000, the amount 111 excess ofS 1 00,00000 shall
3150 be approp1l31ed hy the City to the Llbrar, for the Library's e"cluslve use and the CIty shallnol
fdctor 111 nor be credIted for that excess amount In delC1m1l1lng the Required i\molli:lln such JiscaI
10 \'tal
I I
,
J
In the tlmd fiscal \eM, an amount equal to Ihe Required .\mollnt for the pflOl
12 fiscal )ear. Indexed as prescnDcJ ill subparaf:;l'aph 2 above, but not less than an amount eqUJ1IO
13 S2, I 10,30000, Indexed annuall, commenc1l1g \\llh Ihe second Ilscal year III "]lICh the special lax
14
IS leVIed, as prescribed In subparagraph 2 abole,
IS
4 In the fourth fIscal year anamount equal to Ihe Requlled Amounl for the pnor
16 fiscal \car "helher approprlJted or not, Il1dexcd as prescribed In subparagraph 2 aho\'e. but notless
17 Ihan al~ amount equal to S2,1 I 0,3UO 00, mdexcd annually COl11mellClng With the second fiscal \'ear
I R In "hlcl1 the speCial tax IS leVied, as prescnbed In subparagraph 2 above,
19
5
In the fifth fiscal year, an amount equal to the RCqUllCd Amount (rom the pnor
20 fiscal \ ear, whether appropnaled Or nOl, Indexed as prescnbcd 111 subparagraph 2 above, butnot less
2] than an amount equal to S2, 110,30000, indexed annually commenCing \\ilh Ihe second fiscal vear
22 111 \\hleh the speCial lax IS 1C\led, as prescrJbed 111 subparagraph 2 above.
0'
d
6
In the slxlh fiscal \'ear, an amount equal 10 the Required Amounl for the prior
24 fiscal \' ear whether approprlaled or not, mdexed as prescn bed in subparagraph 2 above, but not less
25 Ihan an amount equal to $2,1 10,30000, 1I1dexed almually commcnclng "'Jlh the second fiscal 'ear
26 In which the special tax IS le\lcd, as prescribed In subparagraph 2 abo\c;
J7
L,
\
-,
In the sevenlh f:scal \ear, an amount equal to Ihe Requlled Amount for the
28 pnor fiscal ycar, whetber appropllaled or no\, indexed as presenbed III sLlbparagraph 2 abo\'e, but
sor-'ed rLlhrMl:T~~ erG]
Exhibit "A"
.
9
10
II
]2
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. 14
15
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18
19
20
21
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24
25
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II
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4
.\:" ORD]:"A:"CE OF THE CITY OF SA:" BER:"..\RDL'\O ADD!:"G CHAPTER 3.42
TOTIIE SA:" BER:"AIUlL'\O \lL:"ICIPAL CODE RELA T1'\(; lOA LIBRARY SPECIAL
TAX FOR TE:" YEARS TO HELP FL:"D TIlE CITY'S L1BR\RIES, SL;BJECT TO TilE I
APPROVAL OFT\\O-THIRDS OFTIIE \(HF" CAST BY VOTERS VOI],\(; LPO:"THE
PROPOSAL \\ITIII:" THE CITY OF SA;'> BER:"AR/lI:"O.
5
not less thall 3:1 amount equal 10 52,lleUOO 00, lI1dned annuallv commencing ",Ih the second
6 I
I
( !
flscal )car In \\h]ch the special lax ]5 Jelled, as prescnbed]n subparagraph 2 abole,
8 In the e]ghlh IIsc31 year, an amount equal to the Requ]red Amount forthe pr]or
8
fiscal year. IIhether appropriated or not, Indexed as prescribed In subparagraph 2 abow, but nOlless
than an alnOUn! equal to $2, II 0,30000, ,ndned annually commencing \\ ]th Ihc seeolld fiscal I ear
]n "hleh the spec]al tax IS ICI]ed, as prescribed 111 subparagraph 2 abon,
9 Inlhc ninth fiscal year, an amounl equal to Ihe Requ:Jed AIClount for the pnor
fiseJl) ear, II helher appropllJled or no!. mdexed as p]escnbed In subparagraph 2 above, but not less
than an amounl eq"al to 52.110,,0000, mdexed annually commenclIlg With the sccond fiscal) car
III \\hleh the spec]al tax]s leI :cd. as presCllbed]il subparagraph 2 abol'c.
lOIn the tenth flscal) eJr, an amount equal to Ihe Requlled Amount for the PliO!
fisca] year, \\hether appropnalcd or net, l!ldc.\ed as prcscnbcd III sub; Jragraph 2 abo\'c, but not Jess
than an amount equal to 52.1] 0,30000, Indexed annuall) commeilcing \\]th the second fiscal year
]n "ll1ch Ihe spec]al tax ]s leVied, as prescnbed Il1 subparagraph 2 abm e
C Ifat any t]lDe foilol\Jng the IelY ofa spec]al tax for a 115(31 year, the amounl finally
appropnated as !vlall1tcl1Jnee and Operallons Costs for Ihe Library by the (]II' for such f]scal ) ear
]S less Ihan the ReqUired ,\mount for such fiscal year, then no annual speCial tax shall be lev]ed Il1
the llnmcd]atcly follolllng fiscal year 111 no event shall the failure to lOll' the L]brary Special Tax
exlend the L]brary SpeCial Tax beyond the slated expiration date herein
o The City (oullcil shall re-evalUate the L]brary 5pec]al Tax 110 laler Ihan 2012 for the
26 sel forth Il1 thiS ordinance
purpose of determining whether the Library can be fully funded by the City at the level of service
.
"~
\'::'1
E
The tax establIShed herein shall be Indexed anoually by June] 5t of each year 10
28 accordance \\ ith the Increase or decrease In Ihe consumer pllce Index IndeXing shall be done by
SUE:[d IUmr\2r;l~ ()dl
10
Exhibit "A"
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12
13
. 14
! 5
.' A:\ ORllJ:\A:\CE OF THE CIT\ OF SA:\ BER\ARDI:\O ADDI\C CIL\I'TER 3A2
o Iii; TO TilE SA:\ BER:\ARDI:\O 'Il :\ICII'.\L CODE HELATl\G TO A L1BRAH Y SrrCL\L
TAX FOR TL, YEARS TO HELP Fl:\f) THE CITY'S L1BR.\RILS, SLBJECT TO THE
, I' APPIWVAL OF1\\ a-THIRDS OFTIlE VOlTS C\STB\ \OTERS nHI'\G L'I'O:\ TIlE
I PHorOSAL \\nHC\ TilE CITY OF SA:\ I3ER\'A!W!:\O,
4
, I JUl1e !st ofeJch otlhe nine fisCal \ears aher the firSlI],ca! \(ar uSing the COt;SU111C1 pllce ]nclex for
I
6 j ail urban consumers for the Los Ange!cs-Rl\'CrSlde-Orangc Counly s13tlslJc3.1 J1TJ 10 rellcct chcmgcs
,
I ll1 such Index Jurin2 the] 2 1~10Jlths \\ hleh ended the oreccdlng \13rcl1 J
i ~ , ~
8
3AVJ90.
Term,
9 The annual spec]al lax prOllded tor herein shaJl he 1t\lcd 111 Ihe firS! 1\',0 fiscal years,
! 0 commenClng]11 fiscal) ear 2004-2005, al1d 111a\ be In led In dl1\ or all of the e]ghl fiscal years
Ihercaf:er, COml11el1Clng with fiscal ycar 2006-2007 and CI1llll1g 111 fiscal \ear 20 13-201-1 Such !n)
mJ\' only be extended \\ilh the appro\al (ltlhc \otels b) t\\o-llmd, "fthe voles edSI hy \oters \Ot1l1g
upon such 3 change al a municipal eleclion called 101 thai pllq'use
3.-12,100.
Adjustments and Refunds.
A Rc,:uests for adJusln,ents ]Il\oh]ng impOS]l]On oflh]s tax ma\' be filed "llh the Clt:
16 TreasulC'f LpOll suffiCIent C\JdenlC of error 1I11hc computatIon of the lax, the City Tre.1:-;urcr Of
! 7 his/her designee sha]1 cause the lax to be recalculaled, and sl1Ol] so ad\lse the San Bcrnardmo COllnty
] 8 Tax Collector Or other appropnate ofl'Clal
!9
I3
Whenever :lIS alleged Ihat the 3mollnt of an\' tax has been O\crpald or paid mOlc than
20
OIKC or has been erroneous!) or illegally co!lecled or [eccl\cd by the Cll\ under Ihls Chapter Ihe
= I
refund procedure shall he as fol!ows
"0
;--':0 c!a]m fOJ refund of tax pa\ment shall be al]owed in \\ho]e or m part unless
0'
d
flied With the Office otthe C]ly Treasurer" ]Ihm a pen ad oftbree) ears from the datc of the c!aJlned
24
o\'erpayment TIm lI1c!udes cla]ms lor refund of lax paymenl due to fadure to prc\'lously file and
2S
have applO\'cd an eXempl]On appllcallOn pursuant 10 Sections 3 42 030 E and 3 42.030 F All such
26
C1311115 for rctund of thc amount of the overpayment must be filed on forms furnished, and 111 the
. ~7 ]l,anner presmbed bv Ihe Clt) Treasurer Retunds may be made solely from the L]brary Special Tax
28 Fund,
L
SD[;c:~ (l_lbraf\l ,l~ Ord,!
I'
Exhibit "A"
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15
16
17
18
19
20
21
22
23
24
25
26
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28
A'\ ORDl'\\'\CE OF TIlE CITY or SA'\ llFR'\.\RDI'\O ADDI'\G CIIAPTER 3.42
TO TlI E SA'\ I3EH'\AJWI'\O 'I L'\ICI P \1. CODE REl\TI'\G TO A L1I3RAH \' SPECIAL
IXX FOR n:'\ \L\H.S TO IIELI' n '\D TilE CIlYS LlBRARIE'i. SIBJECT TO THE
APPROVAL OFn\ O-TIIIRDS OF TIlE VO rES C.\ST 13\ \OITRS HHI'\G LPO'\ THE
PROPOS.\L \\ITlII\ THE CITY OF SA\ BER'\.\RDI\O.
4
5
-,
In the C\'t'nt the Cll; Treasurer dCl11cS the c!Jim, hc,.'she shall notify the
6 clJ.:manl pur;;:uant to Cal,/orn'(J GOlcrnl71CI7( Code ScctlOll 913, or JlS successor Code or Section
7
C
flit Cll;' Treasur'~r shall 113\'(: the po\\'cr to settle claims Irl\'oh IJlg the specIal t3\, Jnd
8 the J:1O\\ e1' to accept and I ecord underpa\lTIents or 0\ eq!J)lT1enlS of such tax The CII) Treasurer
9 shall hale the authont) to make refunds oftl1l5 lil\
:0
D
If the Count I ofSJn Bern3rdmo deles not collect anI tax due under thiS Chapler, then
II the Cnl Treasurer or 1115 her deSIgnee shall hale the PO\\ef and dutv 10 enforce all oflhe prOllSlOI1S
] ~ of thiS Cha.pter. h such C3ses an assessment ma) be Jll()dc agaIllst the O\\'l1cr of a parcel and
13 Improl ements In the manner prOVided by 131\ AnI unpald tax due under thlS Chapter shill I be
14 subject to all remedlcs prOlldcd hy 13\\
E The speCIal tax sball he due 111 1\\0 equal lnst311menls In accordance l\Jth Ihe
collectIon procedures of Ihe San 8ern3rd:I,0 Counly TaX Colleclol \\Jth the tlrst Installment due
]\olembcr I, al,d the second Installmenl due the ncxt sllcccedlllg febrllary 1,111 each IIscal year The
o\\ner of Ihe land, or land and Improlements, at the tIme set forlh 111 Caldone/() Revenue ond
Toxallo'l Code Seellons 405 and 2192, or theIr successor Codes and or SeCIllJns. fcn each IIscal year,
shall hale a pcrsollJl oblIgation to Ihe Clt) of San BernardIno untti the tax lS paid for each IIscal
year
3.42.]10.
Stl crability.
lf any sectIon, subsectIon, parI. clause, sentence or phrase of Ihls article or the applIcatIon
thereof IS for any reason held to be JJ1\alld or unconstItutional by the deCISIon of any court of
competent jurlSdlcllOn, the I altdll) of the remZllnll1g portlons of the article, the appllcatlon Ihereof,
and the lax lJ11posed shall nol be affected Ihereby. but shall rC1lI3m JrJ lull force and effecL It bemg
tbe mtentlOn of the voters to adopt each ar.d every scctJOll, sUbSCCtlClI1, part, c]Juse, sentence or
phrase regardless of I\hether any other secllon, subsectIon, parI, clause, sentence or phrase or the
SL![:ed jlA)I~I}2l ,eX Oro]
12
Exhibit "A"
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26
,
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II
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il
II
I,
I' A'\ OIWI'\A'\CE OF TilE CITY OF SA'\ BER'\ARDJ'\O ADDI'\G CHAPTER 3.42
TO IHE S.\.' BER'\ARDJ'\O \IL'\ICIPAL CODE REL\T1'\G TO A LIBRARY SPECIAL
TAX FOR TE'\ YEARS TO IIELP FL'\D THE CITY'S LIBRARIES, SL13JECT TO THE
I AI'PRO\'\L OF TWO-THIRDS OF HI E VOTES CAST BY VOTERS \'OTl\'G CPO\' THE
PROPOSAL \\ ITIII'\ THE CITY OF SA\' 13ER'\ARDI'\O.
~
,
JFPl1catlOn thereof lS held to be lIl\'J1Jd or unCOI1S!llU(IOnal
6
, I
3.42.120.
Effeelil e Dale.
Tim ordll1al1cc, __hlch leI leI the speCial tax descllbed therCln, shal] be subll11tted to
~
the '.oters (.1' the Cltl of San BcrnardJJ10 at a SpeCial Eicctlonlo be held 011 November 4, 2003 The
')
la\cs dctcrl11",ed and proposed hI thiS OJ dll1allCe for lnv for the ten (10) fiscal years begll1llll1g 011
10
and afler .llI!V 1,2004. sln]l be Inlcd only If thiS ordll1ance IS apploled by a vote of not less than
I]
tv.a-thlrd:::, of the \otes cast b) the voters \'Cltl:lg on the speCIal tax proposal set forth lli. the ordlllance
12
If the OrdlJ1clnCe IS approl ed bl the reqUisite number of votes, Chapter 3 42 shall henceforth and
"
, j
thereafter be con5i!dered a part of the Son BernordlnO .AfuriiCipu! Cude
I~
o
The que,l1ons of whether thiS ordinance shall be added to the Son flcrnorJII1O
1 ~ .
; 6[1
17 I
I
.\1U",ICipol Code as pro\ Ided herein shilil be submitted to the electors olthe Cit) of San Bernardmo
pursuant to California 12\\ regarding specla] taxes Said election shJll be called, authOrized and
provided fClr III a manner prol Ided b\ law
! 8
3.42.130.
Annual Hepor!.
19
A
At least once a year atier the Ersl Escal year JJl __hleh the speCial tax IS 1t\led, and
20 for each year thereafter In which such special tax IS levied, the ClIv Treasurer shall file an annual
21 report '\Jth the CII) Couned containing both of the fol]o\\1ng
22 The alTIount of funds collected and expended, and
'"
d
,
L
The status of either use rcqulfed/authollzed to be funded
24
as Identdied In Section 342 060 above
, .
~)
3A2.140.
Exclusive he of Library Special Tax Funds.
Lnder no ClfeUlnstances shall any ilwnlCS In the Lil)ral\ Special Tax Fund be used for any
27 purpose other than maintenance and operatIon costs oftlle Llbrarv and pay 111ent 01 one-half of the
2R annual debt Strnce on the bend used to construct the reldhcym Llbrarv, or $333,! 5000 per year for
(,;)f.d [i_,hriln r~ nOrd]
I)
t:'vh..h.;f- "t.."
'i
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II
Ii
I II
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4
,
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,
8
.
19
20
2 I
22
23
24
25
26
.
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28
A'\ ORDI'\,\;\CE OF TilE CITY OF SA;\ BER'\\RDI'\O .\[)DI;\C CII\PHH 3A1
TO TIlE SA'\ BER'\,\RDI'\O \IL;\ICII'AL CODE RELA TI'\G TO A LIBHAR Y SPECL\L
TAX FOR TD' YEARS TO HELP FF\'D TIlE CITY'S LIIlIC\H.IES, SLBJECT TO THE
\PPRO\c\L OFT\\O-THIRDS OFTIIE HJTES CAST BY \OTERS \'on'\c; LPO:\' TilE
PROPOSAL \\ IT II I.\' TilE CITY OF SA'\ BER'\ARDI;\O.
each oftlle nexttcn (10) year" \\hlChe\cr amountl' less
SEcrro'\' 1. TIllS Ord:nancc shall not become effective unless Jt is aprrmed by t"o-llmds
of the \OlerS of the Cil) of San Berl1Jrd:no at a Special Elecli(1n held on ~o\e:l1ber 4, 2003 and, If
appio\ed. shall be in effect only fOJ the lenlng or such taxes for ten (10) fiscal years commencing
9 Ju!y 2004 and ending June 30, 20 I 4
10 I
] I
SFerro'\' 3. TIllS Ordmancc shall not be amended or repealed dUrJng said (enll 0) fiscal
) ear term unless such amendment or repeal is apprm cd b\ the reqUired number of voters of the ClI)'
12
of San Bell1arcllno at an election called for that purpose
13
14
] 5
16 '
17
18
SDt:'cc iL1lJrr.l\ 2"i h Ordj
14
Exhibit "A"
LIBRARY TAX EXEMPTIONS INCOME LIMITS
(As referenced on Page 3, Lines 26-28 and Page 4, Lines 5-24 of the
Library Special Tax Ordinance)
Household/Family Size Persons Exempt From Persons 62-1/2 Disabled Persons Under The Social
Service User's Tax Years of Age Or Security Administration's
(Yearly) Older (Y carly) Supplemental Income Program
For Aged, Blind And Disabled
1 $21,420' $26,420' Determined on a case by case basis
by the Federal Government based
upon earned and unearned income
and exclusions ofthe same
2 $24,480' $34,4801 Same as above
3 $27,540' $37,5401 Same as above
4 $30,600' $40,6001 Same as above
5 $33,060' $43,0601 Same as above
6 $35,520' $45,5203 Same as above
7 $37,920' $47,9203 Same as above
8 $40,380' $50,380' Same as above
'60% of the Median Income Limit by Household/Family as published by the U.S. Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area.
'60 % of the Median Income Limit by Household/Family as published by the U.S. Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area, plus an additional $5,000.
360% of the Median Income Limit by Household/Family as published by the U.S. Department of
Housing and Urban Development for Home Program Income Limits for the Riverside-San Bernardino
Primary Metropolitan Statistical Area, plus an additional $10,000.
SDEicd[LibralyTaxExemptioIlS. ('hm1j
Agenda Item No. ~
The Ordinance requiring a two-thirds vote of the voters at the November 4 election in order
to impose a special library tax for ten years, which is Exhibit A to Agenda Item Numbers 34A and
34B, should be amended on pages 9 and 10 as follows:
On page 9, lines 12, 14, 16, 18,20,22,24,26 and 28, the word "subparagraph" be amended
to now read "subparagraphs."
,.~
On page 10, lines 6, 8, 10, 12, 14, 16 and 18, the word "subparagraph" be amended to now
read "subparagraphs."
Enwed into Record"
c,,,,,,,:dICmvOevCms Mtg:
7/21/03
b~_ ~ ~
re Agenda Item If 31
~tJ.~
City Clerll/CDC Sacy
City of San Bernardlne
#3~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes I - '3
'1.LI"':'?'
'-;-"1 Nays
20", ~
Item #
>-{
Abstain
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term:-
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
fI- 2..'6'(3
Date of Mayor's Signature: 'I )(.\ .(-:,,-=')
Date ofClerklCDC Signature: 'I' :]"'\, C',:S
Dall<Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on JOtlfday: -
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
..----.-.-
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v'
Parks & Rec,
Code Compliance Dev, Services
Police Public Services Water
Notes: Ch;,'i'
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Resolution # Z()o'3 20 J
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Absent ........."")
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NullNoid After: -
By: 0" Tl'j 16'"
Reso, Log Updated: ./
Seal Impressed:
Date Returned: -
Yes L/' No ByL
Yes No~ ,
By --L--
Yes No ,/ By--,---
~
Yes No /' By~
~
Yes No/ By~
EDA
Finance
MIS
Others:
LIS"p,.L'j
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
,
Meeting Date (Date Adopted):
'\7I'C,'.:,
'7 .11 11
~ -!-I
Resolution #
Abstain , ?:-J
Item #
Vote: Ayes I'" S - 'J Nays '-\
)/
Change to motion to amend original documents: -
('us ,J \ C
Absent ,k~;'
Reso, # On Attachments: /
Contract term:
Note on Resolution of Attachment stored separately: ----=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
"I' '~)'~.t -~
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
'I )'\0)
"'J'''--''~
t -\ '_ ~
- Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney
Parks & Rec,
~
Code Compliance Dev. Services
Police Public Services Water
Notes:
Ct[:.""(\lll\ ((I" 'U ((,lr""l
\~)C(
CC J, ! 'lC \~~()l,.
NulllVoid After:
By:
,,\, .r,p" \((~
Reso. Log Updated:
v/
Seal Impressed:
~
Date Returned:
Yes ./ No By~
-
Yes No~ By_
Yes No~ By_
Yes No~ By_
Yes No / Br-
EDA Finance
Others: L! ix! p,t2 "-J
I
,
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: _
Date:
Revised 01/12/01