HomeMy WebLinkAbout1996-08-06; City Council; 13764; Creation of the SDC Regional Library Authorityf7
CITY OF CARLSBAD - AGENDA BILL r
SAN DIEGO I I IDDAl VITG. 8/6/96
RECOMMENDED ACTION:
Council endorses effective July 31, 1996 by Minute Motion, the establishment of the San Diego
County Regional Library Authority and directs the City Council's representative to support the
placement of a Library Quarter Cent Sales Tax Measure on the November 5, 1996 General
Election Ballot.
ITEM EXPLANATION:
At its meeting on Tuesday, July 23, 1996, the San Diego County Board of Supervisors adopted
a resolution establishing the San Diego County Regional Library Authority. (Exhibit 1) This
Authority was established under the provisions of Section 7285.5 of the Revenue and Taxation
Code. The reason for creating the Library Authority is to place a Library Measure on the
Novembe;5, 1996 General Election Ballot that would provide for a quarter cent sales tax for
libraries for five years. Projected revenue from the Library Measure is found in Exhibit 2. Both
the County Board of Supervisors Resolution and the ordinance establishing the Library
Measure require the proceeds from the measure to supplement local funds rather than
supplant.
The authority will be governed by a Board of Directors consisting of nineteen members: the
Mayor or hislher designated Councilmember from each of the eighteen cities in the County, and
the chair of the Board of Supervisors or other Board Member designated by the Chair. A two-
thirds (2/3) vote by the Authority is required to placed the Library Measure on the November
ballot. The Authority must adopt the ordinance to put the Library Measure on the November
ballot by August 9, 1996.
If the Library Measure passes with the necessary two-thirds (2/3) vote, the State Board of
Equalization will begin collecting the tax in early 1997. The revenues collected will be sent to
the Library Authority for distribution to the 18 cities in the County. Revenues distributed will be
in proportion to the sales tax revenues generated within each city (situs). Election expenses of
$200,000 will be paid out of the proceeds, If the Library Measure fails to pass, the City of San
Diego and the County will pay the cost of the election. San Diego County will provide
necessary staff to the Authority at no cost. I
Revenue and Taxation Code, Section 7285.5 requires the ordinance establishing the Measure
to include an expenditure plan describing the projects to be funded with the revenue. The
proposed projects for the Carlsbad City Library are:
1. New main library building
2. Remodel and expansion of existing main library building
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AGENDA BILL NO.
PAGE 2
3. Improved technology including Internet access
4. Significant enhancement of book and materials budgets
5. Significant enhancement of adult programs and services
6. Significant enhancement of children's programs and services
7. Establish an endowment for future operating costs
FISCAL IMPACT:
Projected revenue for Carlsbad is estimated to be $17,541,565 over the five-year life of the
Library Measure. These funds must supplement, not supplant, local funds.
EXHIBITS:
1. Resolution of the San Diego County Board of Supervisors
2. Projected revenue from quarter cent sales tax
3. Proposed Ordinance to create Library Sales Tax Measure
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TUESDAY, JULY 23, 1990
EXHIBIT %I.
RESOLUTION NO. 96-209
RESOLUTION ESTABLISHING THE SAN DIEGO COUNTY REGIONAL
LIBRARY AUTHORITY AND SPECIFYING ITS PURPOSES
On Motion of Supervisor Slater , seconded by Supervisor
, the following resolution is adopted: Jacob
On Motion of Supervisor Slater , seconded by Supervisor
, the following resolution is adopted: Jacob
WHEREAS, Revenue & Taxation Code section 7285.5 authorizes
the board of supervisors of any county to establish an authority
for specific purposes, and further authorizes the authority to
adopt an ordinance proposing a transaction and use tax
(hereinafter referred to as a "sales tax"), subject to approval
by a vote of the qualified voters of the County voting in an
election on the measure; and
WHEREAS, the Board of Supervisors intends that the ordinance
proposing the sales tax shall be subject to approval of a two-
thirds vote of the qualified voters of the County voting in an
election on the measure based upon current law requiring such a
special tax to be subject to a two-thirds voter approval
requirement ; and
-" WHEREAS, the Board of Supervisors supports quality-library
programs, operations, and facilities for use by the citizens
throughout the region of the County of San Diego; and
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WHEREAS, the revenues raised by the increase in the sales
tax shall be for the purpose of supplementing, not supplanting,
funding for library programs, operations, and facilities, with
the proceeds of the sales tax to be distributed to each of the
eighteen Cities in the County, and to the County for the
unincorporated area of the County, in proportion to the sales tax
revenues generated within such Cities and the unincorporated area
of the County; and
WHEREAS, the Board of Supervisors desires to create such an
authority for the purposes as heFeinafter set forth,
NOW THEREFORE, BE IT RESOLVED as follows:
1. Pursuant to Revenue & Taxation Code section 7285.5,
there is hereby created and established in the County of San
Diego, the San Diego County Regional Library Authority
(hereinafter the “Authority‘,) .
2. . The Authority shall adopt an ordinance proposing a
sales tax conforming to Part 1.6 (commencing with section 7251)
of the Revenue & Taxation Code.at a rate of one-quarter of one
percent (1/4%) for a five-year period.
3. The proposed sales tax ordinance shall be approved by a
two-thirds vote of the governing body of the Authority and by a
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two-thirds vote of the qualified voters of San Diego County
voting in the election on this measure.
4. The purpose of the sales tax shall be to raise revenues
for library programs, operations, and facilities. The proceeds
of the sales tax shall be distributed to each of the eighteen
Cities in the County, and to the County for the unincorporated
area of County, in proportion to the sales tax revenues generated
within such Cities and the unincorporated area of the County,
offset by reasonable and necessary Authority expenses and other
distributions as authorized in this resolution.
the seven City library jurisdictions and the County library
For purposes of
b
jurisdiction, the terms "library programs, operations, and
facilities" shall include library related computer system
automation and library related program administration. For each
fiscal year, the County library jurisdiction shall receive a
distribution of sales tax revenues for program administratZion of
one percent, and for computer system automation of one-half
percent, of the total sales tax revenues for that fiscal year
generated in the eleven Cities which are part of the County
library jurisdiction and the unincorporated a- area of the County.
5. The increased sales tax revenues are intended to
supplement, and not supplant, a required maintenance of effort
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of operational and maintenance expenditures for library purposes
in each of the seven City library jurisdictions and the County
library jurisdiction. For the County library jurisdiction, the
County library dedicated share of property tax revenues are
excluded from this maintenance of effort.
6. The Authority shall have all the powers set forth in
Revenue & Taxation Code section 7285.5 and shall have the
following additional powers:
a. The Authority may enter into contracts as
necessary or convenient to carrying h out its purposes and powers,
including the power to arrange for an independent audit of the
financial transactions of the Authority.
b. The Authority may sue and be sued, except as
otherwise provided by law, in all actions and proceedings, in all
courts and tribunals of competent jurisdiction. All claims for
money or damages against the Authority shall be governed by
Division 3.6 (commencing with section 810) of Title 1 of the
Government Code, except as provided therein, or by other statutes
or regulations expressly applicable thereto.
c. The Authority may utilize real and personal
property, facilities, resources, personnel, and services of the
County of San Diego and its departments, including staff
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assistance from the staffs of the cities, as may be necessary or
convenient to carrying out its purposes and powers.
d. The Authority may do all things necessary or
convenient to carry out the purposes for which it is established.
7. The Authority shall be organized as follows:
a. The Authority shall be governed by a Board of
Directors of 19 members, including the Mayor, or his/her
designated Council Member, of each of the 18 cities within the
County of San Diego, plus the Chairman of the Board of
Supervisors, or other Board Member as designated by the Chairman. b
b. The Board of Directors shall have a Chair and a
Vice Chair who shall be elected by a majority vote of all the
members of the Authority, who shall hold office at the pleasure
of the Authority not to exceed one year, and who shall have such
duties as the Authority may prescribe.
c. The Authority shall -c hold its initiap meeting,
which shall be chaired by the Board of Supervisors member
representative, the week of July 29, 1996 at the County
Administration Center for the purposes of selecting its Chair and
Vice-Chair, approving the introduct-ion of the sales tax -. L
ordinance, approving the ballot measure for the sales tax
ordinance, calling a special election to be consolidated with the
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statewide general election on November 5, 1996, and adopting
other actions as may be necessary and convenient to carry out its
purposes. At its initial meeting, the Authority also shall
establish at least one annual regular meeting to be held during
the month of August with its first regular meeting to be held the
week of August 5, 1996 for the purposes of adopting the sales tax
ordinance, and taking any other actions as may be necessary and
convenient to carry out its purposes.
d. At the time the Authority has completed all of its
purposes as authorized herein, qnd as expressed in the sales tax
ordinance, the Board of.Directors of the Authority shall take
whatever action necessary to abolish the Authority.
Authority automatically shall be abolished by operation of this
resolution on the specified date for either of the following
events: (i) On the close of business August 9, 1996 if the sales
tax ordinance is not approved by the Authority for placement on
the ballot for the November 1996 statewide election, or (ii) On
the date in which the Board of Supervisors certifies the results
of the November 1996 election if the sales tax ordinance is not
adopted by a two-thirds vote of the voters voting in the November
1996 election.
The
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e. The Authority shall adopt rules of procedure which
shall be similar to the Rules of Procedure of the Board of
Supervisors of the County of San Diego and may adopt such other
policies, rules, and regulations as may be necessary or
convenient to the performance of its powers.
8. The sales tax ordinance shall provide that all
reasonable and necessary staff to and costs of the Authority
shall be provided by the County of San Diego, and further, that
the County Chief Administrative Officer, County Counsel, County
Auditor and Controller, County Treasurer, and the County Clerk of
the Board of Supervisors shall serve as ex-officio executive
officer, counsel, auditor, treasurer, and clerk to the Authority.
The Authority also may obtain additional staff assistance from
the existing staffs of the cities who are represented on the
Board of Directors of the Authority. The sales tax ordinance
shall further provide that the County shall be reirrib'tr'rsed by the
Authority from the proceeds of the sales tax for the costs
incurred by the County in conducting the election and for
representing the Authority in any legal action filed against the
Authority. ..
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PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of
California, this 23rd day of July 1996, by the following vote:
AYES: Cox, Jacob, Slater, Roberts, Horn
STATE OF
County of San Diego)
I hereby certify that the foregoing is a full, true, and ~o~ect copy of the Original
Resolution which is now on file in my office.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
BY - Loreda Loaiza Monteleone, Deputy
Resolution No. 96-209
7/23/96 (17)
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EXHIBIT 82
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Jurisdiction
Carlsbad Chula Vista
Coronado
Del Mar *
Elcajon’
Encinitas
ESCOndiiO
Imperial Beach *
La Mesa
Lemon Grove ’
National City Oceanside
Poway + San Diego
San Marcos
Santee
Solana Beach *
vista
Table 1
San Diego Region
Proposed Branch Library Measure
Projected Revenue from 1/4-Cent Sales Tax’
by Calendar Year
1997 1998
s 3,126,7a8
3,482,967
378,982
256,954
3,455,078
1,217,173 4‘71 6,674
138,186
1,878,048
650,546
2,804.233
2,038,026
1,029,599
32,618,659
1,573,813 1,174.0S7
374,067
1,357,801
$ 3,298,762
3,674,467
399,826
273,197
3,645,107
1,284,117
4,976,091
1,981,341
* 686,326
2,150,117
1,086,227
34,412686
1,239,474
394,641
145,787
2,9se,4ss
1,660,373
1#432b480
1999
$ 3,488,661
3,885,994
422,842
,288,924
3,854.944
11358,040
5#262,54!3
154,179
2,095,460
725,836
3,128,776
2,273,893
1,148,758
36,393,717
1,755,955
1,310,827
41 7,359
1 4,943
2000 2001
$ 3,697,981
4,11 9,1 54
448,213 =m 4,086,241 ww=
163,430
2,221,124
789,386
3316,502
2.41 0,327
1,217,683
38,577,340 1,861,313
1,389,476
442401
1,605,840
5,mbm
$ 3,929,374
4,376,901
476,259
325,423 4,341,929
1,529,597
173,656
%360,108
58@71352
817328 3e=4,03 2,561,l
1,293,877
40,991 a
1,9n,tSo
1,476,420
470,083
1 ,706,321
FmYear
Total
$ 17,541,565
19,539,423
2,126,121
1,452,758
19,383,299
6,828,448
26,460,967
775,238
10,536,019
3,649,621
15,732,003
11,433,510
5,776.1 44
182,993,636
8,029,235
6,591,054
2,098,550 7.61 7,384
County of San Diego:
Unincorp. Area * 2,919,296 3,079,857 3257.155 3452,584 3,668,622 16,377,514
County Library -
Automation 161,893 170,797 180.629 191,467 203,448 908,235
Total Reglon 565,355,579 S68,W,l36 $72,919,382 $77,294,545 $82,731,082 S366,6so,724
Percent Increase 5.7% 5.5% 5.8% 6.6% 6.3%
* Sewed by the County ubrary System
AS0umptiOns: 1
1) Each jurisdiction’s projected share d total regional revenues is bad on .te actual pomntage share of the
regional total (exisling l.0-cent focal daks tax) in FY 1994-95.
2) For JurisdlcUons sewed by the CounIy ubrary System. 1.0 percent of projwAed revenue6 are allocated to the
County Liinry System for automation improvements.
3) P rojeded revenues for the total region are based on annual growrh rates used by SANOAG to estimate
increases in sales tax revenue under the TransNet program (1E2.cent tax for transpodaih purpases).
converted to calendar year equivalents. \
Source: SANDAG 6/19/96
.. -. EXHIBIT 113
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ORDINANCE NO. (N.S.)
AN ORDINANCE IMPOSING A TRANSACTIONS AND USE TAX
FOR COUNmWIDE LIBRARY PROGRAMS, OPERATIONS, AND FACILITIES
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND
ESTABLISHING AN APPROPRIATION LIMIT FOR THE
SAN DIEGO COUNTY REGIONAL LIBRARY AUTHORITY
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The San Diego County Regional Library Authority ordains as
follows :
SECTION 1.0 INTENT. It is the intent of the San Diego
County Regional Library Authority (hereinafter "Authority") that
the revenues generated by this Ordinance be used solely for the
purpose of programs, operations, facilities, and improvements for
community and branch libraries, including new technology,
additional books and materials, ryouth reading, homework programs,
extended hours, renovation and construction of new community and
branch libraries, and other library related purposes, as
specified in this Ordinance.
SECTION 2.0 TITLE AND APPLICABILITY. This Ordinance
shall be named the "County Community and Branch Library
Ordinance" (hereinafter "Ordinance") and shall be applicable in
the incorporated and unincorporated territory of the County of
San Diego.
SECTION 3.0 OPERATIVE DATE. The Operative Date of this
Ordinance shall be April 1, 1997, which is the first day of the
first calendar quarter more than 110 days after the adoption of
this Ordinance by the voters voting on this Ordinance.
SECTION 4.0 USE OF TAX REVENUES-EXPENDITURE PLAN. Any
and all transaction and use tax revenues shall be used
exclusively for countywide library programs, operations,
facilities, and improvements as follows:
4.1 USE OF TAX REVENUES. The uses of the tax
revenues shall include, but not be limited to, such
items as new technology, additional books and library
materials, youth reading and homework programs, safety,
modernization, extended hours, renovation, endowments
I for more library programs, operations and facilities,
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construction of new libraries, and other library
related projects as specified in Section 4.2 for each
community and branch library in the County of San
Diego. For purposes of the seven City library
jurisdictions and the County library jurisdiction, the
terms "library programs and operations" shall include
library related program administration and library
related computer system automation, subject to the
limitation for the County library jurisdiction set
forth under Section 4.2.2(b).
4.2 EXPENDITURE PLAN. The expenditure plan
describing the specific projects for which the tax
revenues may be expended is set forth below for each
community and branch library in the County of San
Diego, and is also set forth in Exhibit A, attached
hereto and incorporated herein, which specifies the
estimated allocations of the tax revenues for each
community and branch library.
4.2.1 The specific projects for each
community library, and each branch library
which is part of the San Diego County Library
system, are as follows:
CTTY LTSBBBY
New main library building.
Remodel and expansion of existing library building.
Improved technology, including Internet access.
Significant enhancement of book and materials budget.
Significant enhancement of adult programs.
Significant enhancement of children's programs and
services.
Establishment of an endowment for future operating costs of
the Carlsbad Library.
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2
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Provide more books and materials.
Enhance services/programs to youth.
Sales tax revenues would fund a planned major expansion and
renovation of the Coronado Public Library building. Any
sales tax revenues in excess of the expansion needs would
be used to purchase new books, other media, and computer
Extend hours on week nights and weekends.
Enhance reference service and collection strength.
Enhance services and programming in children's area and in
the multi-media room.
Provide more books and other library materials.
Provide facility and grounds maintenance.
Establish an endowment fund for long-term benefit of the
Del Mar Library.
100% of annual sales tax revenue to be deposited into
endowment with endowment income to be used for items 1-5.
tir Enhance reference services.
Enhance access to computers and electronic information.
115 I Extend hours of operation.
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Create endowment for the future benefit of the branch. 11
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5
Extend hours of operation.
Provide more books and materials.
Develop special children's and young adult programs.
Improve computer technology and access to electronic
information services.
Enhance reference services.
Provide adult literacy services.
Provide capital for the Encinitas Branch for improvements
to the existing facility and/or development/construction of
Provide furnishings and equipment.
Establish an endowment to secure on-going operations.
a new facility. L
Set aside 66% to 75% of new revenues into the endowment.
ONE-FOURTH OF SALE TAX REVENUES WILL BE USED TO:
Expand the Main Library,
Extend hours of service at the Main Library, the Pioneer
Room archival facility, and the East Valley Branch Library.
Expand business reference and youth services and make them
more accessible to residents.
Provide additional books, media, and computer resources to
the public.
THREE-QUARTERS OF SALES TAX REVENUES WILL BE PLACED IN A
TRUST FUND, WITH THE ANNUAL INTEREST USED TO PAY THE
OPERATING COSTS FOR THE ENHANCEMENTS TO LIBRARY SERVICES
LISTED ABOVE.
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4 Enhance reference services.
Provide more books and materials.
Provide for capital improvements and rehabilitation.
Provide technology via new computers and equipment.
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5 I Establish endowment for low-term financial securitv.
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Increase hours of operation evenings and weekends.
Provide up-to-date books and materials.
Provide public access to computers and technology.
Enhance reference services .r
Provide programs for youth and adults.
Expand the library facility.
Create endowment for the future benefit of the branch.
1 Extend hours of operation, including evenings and weekends,
2
3
4
5
6
7
8 Create endowment for the long-term security of the branch.
Provide up-to-date books and materials.
Provide home‘work assistance for students
Provide educational programs for children and young adults.
Provide access to new informational technology.
Provide adult programming and adult literacy services.
Remodeling and/or construction of larger facility.
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Replace the outdated library with a new facility designed
to meet the future needs of National City residents.
The remainder of the funds would be placed in an endowment
fund. The endowment would provide annual interest revenue
for the following:
Provide additional hours of librarv service.
Provide funding for additional library services.
Enhance the Library's materials collection.
Provide increased access to electronic information.
Establish a perpetual endowment to support library
materials and services.
revenues annually into this endowment.
Expand library services and programs to children, young
adults, adults, senior citizens, and business users.
Dkposit a portion of sales tax
Increase library hours.
Establish an expanded, centrally-located Branch Library.
Upgrade, improve, and expand Bookmobile services and the
Civic Center Librarv.
Purchase new books and materials, such as best-sellers,
videos, how-to-books, CD-ROM, books-on-tape, large print,
children's books, and information resources.
Provide up-to-date computer networks and information
technology to the community.
Provide up-to-date books and materials.
Provide access to computers and electronic information
sources.
Provide resources for school children.
Provide educational programs for youth and adults.
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5 Add resources to facilitate library use.
6 Provide state-of-the-art reference sources.
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8
- Provide job and career-enhancement materials.
Create "Poway Library Endowment Fund" into which 90% of
sales tax revenue to be placed.
10% of sales-tax revenue for more up-to-date'books and
materials, and to provide access to informational
technology.
ALPINE BRANCH
1
2 Provide new books and materials for adults and children.
3 Provide up-to-date reference materials.
4
Extend hours of operation, 'including evenings and weekends.
Provide after-school/summer programs for children and
homework assistance to students.
5 Provide access to electronic information.
6 Provide business and career development information.
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8 Establish endowment for the future benefit of the branch.
Plan for a new facility.
BONITA-SUNNYSIDE BRANCH
Provide new books and materials.
Provide enhanced reference services.
Extend hours of operation, including evenings and weekends.
Provide access to computers and technology.
Expand programs for youth and adults.
Plan for a larger facility.
Provide homework resources for students.
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2
8 I Create endowment for the future benefit of the branch. I
Add stops; increase frequency of stops.
Provide newer and more reliable vehicle.
3 Provide new books and materials.
4 I Create an endowment fund for long-term support. I.,
BORREGO SPRINGS BRAN=
1 Extend hours of operation.
2 Purchase new books and materials.
3 Provide access to computers and technology.
4 Establish endowment for the future benefit of the branch.
CAXPO-MORENA BRANCH
2 Extend hours of operation.
3 Enhance access to computers and technology.
Provide up-to-date books and materials.
Provide programs for children, young adults, and adults.
Provide homework resources for students.
Establish endowment for the future benefit of the branch.
CASA DE OR0 BRANCH
1 Extend hours of operation, including evenings and weekends.
2 Provide up-to-date books and materials.
3 .Provide educational programs for children.
4 Provide access to computers and technology.
5 Plan and/or construct a larger branch library.
6 Provide homework resources for students.
7 Establish endowment for future benefit of the branch.
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CREST BRANCH
1 I Extend hours or oDeration.
2 Provide new books and materials.
3 Provide programs for children, young adults, and adults.
4
5 Establish endowment for the future benefit of the branch.
Provide educational technology and electronic information.
1
2
3
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DESCANSO BRANCE
Extend hours of operation.
Provide new books and materials.
Provide public computers and technology.
Enhance reference collection and services.
Provide programs for youthband adults.
Establish endowment for the future benefit of the branch.
FAUBROOK BRANCH
1
2
3 Provide programs for youth, adults, and seniors.
4 Provide enhanced reference services.
5 Enhance access to computers and electronic information.
6 Increase homework resources for students.
7 Establish endowment for the future benefit of the branch.
Extend hours of operation including evenings and weekends.
Establish community building fund for a larger branch
JACWIBA BRANCE
II 1 I Extend hours of oDeration.
Provide new books and materials.
3 Provide computers and technology.
4 Provide homework resources for students
I5 Create endowment for the future benefit of the branch.
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2
3
4
5
JULIAN BRANCH
Extend hours of operation.
Provide up-to-date books and materials.
Provide computers and information technology.
Provide programs for youth and adults.
Create endowment for the-future benefit of the branch.
Extend hours of operation, including evenings and
weekends.
Plan for a new facilitv.
Provide new books and materials.
Provide homework resources for students.
Provide access to computers and electronic information.
Enhance reference services.
-e endowment for future benefit of the branch.
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2 Provide new books and materials.
3 Provide computers and information technology.
4 Provide programs for youth and adults.
5 Enhance reference service.
Extend hours of operation including evenings and weekends.
Create endowment for the future benefit of the branch.
LINCOLN ACRES BRA"
PINE VALLEY BRA"
Extend hours of operation.
Provide enhanced reference collection.
Provide adult and children's programs.
Provide computers and technology.
Provide homework resources for students.
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POTRERO BRANCH
Create endowment for the future benefit of the branch.
1
2
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3
4
5
6
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Extend hours of operation.
Provide new books and materials.
Provide computers and technology.
Provide programs for youth, adults, and seniors.
Provide adult literacy services.
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Create endowment for the future benefit of the branch.
RAXONA BRANCH
1 Extend hours of operation, including evenings and
2
3 Provide adult programs.
4 Provide computers and technology.
5 Provide new books and materials.
6 Enhance reference materials and services.
7 Enhance adult literacy services.
8 Plan for larger facility.
9 Create endowment for the future benefit of the branch.
weekends.
Enhance children's servicds and programs.
RANCHO SANTA FE BRANCH
1
2 Provide enhanced reference books and services.
3 Provide books on audio-tape and videotapes.
4 Provide programs for adults and children.
5 Enhance access to computers and technology.
6 Extend hours of operation.
Provide up-to-date books and materials.
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7 I Create endowment for the future benefit of the branch.
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SPRING VALLEY BRANCH
1 Extend hours of operation, including evenings and weekends.
2 Provide new books and materials.
3 Provide commters and technolow.
Provide homework resources for students.
Provide educational programs for children.
Plan for a new facilitv.
7 I Create endowment for the future benefit of the branch.
VALLEY CENTER BRANCH
1 Extend hours of operation, including evenings and weekends.
2 Provide new books and materials.
3 Provide educational prograrqs for children and adults.
4
5 Enhance reference materials and services.
7 Plan and/or construct a new facility.
8 Create endowment for the future benefit of the branch.
Provide access to computers and technology.
1 -
2
3
4
-
-
EXTENDED SERVICE HOURS, including Sunday hours at all
branches and extended weekday service hours.
TECHNOLOGY.
(a) Computer learning labs.
(b) Computer reference centers.
(c) Teleconferencing centers.
(d) Access to electronic data bases.
(e) Library system upgrades.
(f) Computer specialists.
LIBRARY MATERIALS. Add $1 million to materials budget.
PROGRAMS FOR CHILDREN AND YOUTH SERVICES.
(a) Youth-at-risk.
(b) Link branch libraries with schools, colleges, and other
libraries. I
(c) Provide youth services librarians in every branch.
12
c CONSTRUCT AND/OR RENOVATE BRANCHES IN THE FOLLOWING
COMMUNITIES: Balboa, Clairemont, College Heights,
Kensington, La Jolla Branch (parking improvements) , Linda
Vista, Logan Heights, Mission Hills, Mission Valley, North
Clairemont, North Park, Oak Park, Ocean Beach, Paradise
Hills, Point Loma, San Carlos, San Ysidro, Serra Mesa,
Skyline Hills, University City North, University Heights.
ENDOWMENT FUND CONTRIBUTION
Extend hours of operation, including evenings and weekends.
Provide new books and materials.
Provide computers and electronic information technology.
Provide programs for youth and adults.
Enhance homework resources &or students.
Create endowment for the future benefit of the branch.
At least 50% of sales tax revenue to be set aside in the
endowment.
Not to exceed 50% of the revenue will be used to expand San
Marcos library services, including, but not limited to
items 1-3 above.
DJ'RCO CO-Y LTBRARY)
1
2
3
4
-
-
-
Extend hours of operation, includins eveninss and weekends.
Provide new books and materials.
Provide enhanced reference books and services.
Provide computers and informational technology.
Provide job and career information.
Plan and/or construct a new library facility.
Create endowment for the future benefit of the branch.
13
1 .- I, ,
1
2
3 Provide state-of-the-art reference sources.
4 Add public-use computer workstations.
Contribute toward new combined school/public library.
Add hours of operation on weekdays and week nights.
15 I Create endowment for the future benefit of the branch.
18 I Create endowment for the future benefit of the branch.
4.2.2 The tax revenues generated by operation of this
Ordinance shall be distributed as follows:
(a) Each fiscal year, a portion of all the tax
revenues collected pursuant to this Ordinance
shall be distributed to the Authority to cover
reasonable expenses of the Authority which are
necessary to carry out its purposes as authorized in
this Ordinance and by the Resolution adopted by the San
Diego County Board of Supervisors on July 23, 1996 which
established the Authority.
(b) Each fiscal year (including partial fiscal
years in which the tax is effective), an amount
equal to one and one-half percent (1 1/2%) of the tax
revenues collected in the San Diego County
library jurisdiction shall be distributed to the
County of San Diego to cover costs associated with
library related program administration and library
14
percent (1 1\2%), one percent (1%) shall be
allocated for library related program
administration and one-half percent (1/2%) shall
be allocated for library related computer system
automation.
(c)
this Ordinance shall be distributed to each of the
eighteen Cities in the County of San Diego, and the
County of San Diego, on a pro rata basis based upon the
sales and use tax revenues generated in each of the
eighteen (18) Cities and in the unincorporated area of
the County.
All remaining tax revenues collected pursuant to
SECTION 5.0 PURPOSE. This Ordinance is adopted for the
following purposes, and for the uses of the tax revenues specified
in Section 4.1, and directs that the provisions hereof be
interpreted in order to accomplish those purposes:
5.1 To impose a retail transactions and use tax
for countywide library programs, operations, and
facilities in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the
Revenue and Taxation Code and Section 7285.5 of Part 1.7
of Division 2 which authorizes the Authority to adopt
this Ordinance which shall be operative if two-thirds of
the electors of the County of San Diego voting on the
measure vote to approve the imposition of the tax at the
November 5, 1996 election called for that purpose.
5.2 To adopt a retail transactions and use tax
Ordinance which incorporates provisions identical to
those of the Sales and Use Law of the State of
California, insofar as those provisions are not
inconsistent with the requirements and limitations
contained in Part 1.6 of Division 2 of the Revenue and
Taxation Code.
5.3 To adopt a retail transactions and use tax
Ordinance which imposes a tax and provides a measure
therefor that can be administered and collected by the
State Board of Equalization in a manner that adapts
itself as fully as practicable to, and requires the
least possible deviation from, the existing statutory
and administrative procedures followed by the State
15
e- -.
Board of Equalization in administering and collecting
the California State Sales and Use Taxes.
5.4 To adopt a retail transactions and use tax
Ordinance which can be administered in a manner which
will be, to the greatest degree possible, consistent
with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, to minimize the cost of
collecting the transactions and use taxes, and at the
same time, minimize the burden of record keeping upon
persons subject to taxation under the provisions of this
Ordinance.
SECTION 6.0 CONTRACT WITH STATE. Prior to the operative
date of this Ordinance, the Authority shall contract with the
State Board of Equalization to perform all functions incident to
the administration and operation of this transactions and use tax
Ordinance; provided, that if the Authority shall not have
contracted with the State Board of Equalization prior to the
operative date, it shall nevertheless so contract and in such a
case the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
SECTION 7.0 TRANSACTIONS TAX RATE. For the privilege of
selling tangible personal property at retail, a tax is hereby
imposed upon all retailers in the incorporated and unincorporated
territory of San Diego County at the rate of one-quarter of one
percent of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail in said territory on and
after the operative date of this Ordinance.
SECTION 8.0 PLACE OF SALE. For the purposes of this
Ordinance, all retail sales are consummated at the place of
business of the retailer unless the tangible personal property
sold is delivered by the retailer or his/her agent to an out-of-
state destination or to a common carrier for delivery to an out-
of-state destination.
include delivery charges, when such charges are subject to the
state sales and use tax, regardless of the place to which delivery
is made.
business in the state or has more than one place of business, the
place or places at which the retail sales are consummated shall be
determined under rules and regulations to be prescribed and
adopted by the State Board of Equalization.
The gross receipts from such sales shall
In the event a retailer has no permanent place of
16
SECTION 9.0 USE TAX RATE. An excise tax is hereby imposed
on the storage, use or other consumption in San Diego County of
tangible personal property purchased from any retailer on and
after the operative date of this Ordinance for storage, use or
other consumption in said territory at the rate of one-quarter of
one percent of the sales price of the property. The sales price
shall include delivery charges when such charges are subject to
state sales or use tax regardless of the place to which delivery
is made.
SECTION 10.0 ADOPTION OF PROVISIONS OF STATE LAW. Except
as otherwise provided in this Ordinance and, except insofar as
they are inconsistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, all of the provisions of Part
1 (commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code are hereby adopted and made a part of this Ordinance
as though fully set forth herein.
SECTION 11.0 LIMITATIONS ON ADOPTION OF STATE LAW AND
COLLECTION OF USE TAXES.
Division 2 of the Revenue and Taxation Code:
In addpting the provisions of Part 1 of
11.1 Wherever the State of California is named or
referred to as the taxing agency, the name of this
Authority shall be substituted therefor. However, the
substitution shall not be made when:
11.1.1 The word "State" is used as a part of the
title of the State Controller, State Treasurer, State
Board of Control, State Board of Equalization, State
Treasury, or the Constitution of the State of
California .
11.1.2 The result of that substitution would
require action to be taken by or against this Authority
or any agency, officer, or employee thereof rather than
by or against the State Board of Equalization, in
performing the functions incident to the administration
or operation of this Ordinance.
11.1.3 In those sections, including, but not
necessarily limited to sections referring to the
exterior boundaries of the State of California, where
the result of the substitution would be to:
17
(a) Provide an exemption from this tax with respect to
certain sales, storage, use or other consumption of
tangible personal property which would not
otherwise be exempt from this tax while such sales,
storage, use or other consumption remain subject to
tax by the State under the provisions of Part 1 of
Division 2 of the Revenue and Taxation Code, or;
(b) Impose this tax with respect to certain sales,
storage, use or other consumption of tangible
personal property which would not be subject to tax
by the State under the said provision of that Code.
11.1.4 Used in Sections 6701, 6702 (except in
the last sentenoe thereof), 6711, 6715, 6737, 6797
or 6828 of the Revenue and Taxation Code.
11.2 The word "County" shall be substituted
for the word "State" in the phrase "retailer engaged in
business in this State" inbSection 6203 and in the
definition of that phrase in Section 6203.
SECTION 12.0 PERMIT NOT REQUIRED. If a seller's permit has
been issued to a retailer under Section 6067 of the Revenue and
Taxation Code, an additional transactor's permit shall not be
required by this Ordinance.
SECTION 13.0 EXEMPTIONS AND EXCLUSIONS.
13.1 There shall be excluded from the measure of
the transactions tax and the use tax the amount of any
sales tax or use tax imposed by the State of California
or by any city, city and county, or county pursuant to
the Bradley-Burns Uniform Local Sales and Use Tax Law or
the amount of any state-administered transactions or use
tax.
13.2 There are exempted from the computation of
the amount of transactions tax the gross receipts from:
13.2.1 Sales of tangible personal property, other
than fuel or petroleum products, to operators of
aircraft to be used or consumed principally outside the
county in which the sale is made and directly and
exclusively-in the use of such aircraft as common
18
carriers of persons or property under the authority of
the laws of the State, the United States, or any foreign
government.
13.2.2 Sales of property to be used outside
San Diego County which is shipped to a point outside San
Diego County, pursuant to the contract of sale, by
delivery to such point by the retailer or his agent, or
by delivery by the retailer to a carrier for shipment to
a consignee at such point. For the purposes of this
paragraph, delivery to a point outside San Diego County
shall be satisfied:
(a) With respect to vehicles (other than commercial
vehicles) subject to registration pursuant to
Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed
in compliance with Section 21411 of the Public
Utilities Code, and undocumented vessels registered
under Chapter 2 df Division 3.5 (commencing with
Section 9840) of the Vehicle Code by registration
to an out-of-County address and by a declaration
under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her
principal place of residence; and
(b) With respect to commercial vehicles, by
registration to a place of business out-of-County
and declaration under penalty of perjury, signed by
the buyer, that the vehicle will be operated from
that address.
13.2.3 The sale of tangible personal property if
the seller is obligated to furnish the property for a
fixed price pursuant to a contract entered into
prior to the operative da-te of this Ordinance.
13.2.4 A lease of tangible personal property
which is a continuing sale of such property, for
any period of time for which the Lessor is obligated to
lease the property for an amount fixed by the lease
prior to the operative date of this Ordinance.
19
13.2.5 For the purposes of subsections 12.1.3
and 12.1.4 of this section, the sale or lease of
tangible personal property shall be deemed not to be
obligated pursuant to a contract or lease for any period
of time for which any party to the contract or lease has
the unconditional right to terminate the contract or
lease upon notice, whether or not such right is
exercised.
13.3. There are exempted from the use tax
imposed by this Ordinance, the storage, use or other
consumption in this County of tangible personal
property :
13.3.; The gross receipts from the sale of which
have been subject to a transactions tax under any state-
administered transactions and use tax Ordinance.
13.3.2 Other than fuel or petroleum products
purchased by operators of aircraft and used or consumed
by such operators directly and exclusively in the use of
such aircraft as common carriers of persons or property
for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of
this State, the United States, or any foreign
government. This exemption is in addition to the
exemptions provided in Sections 6366 and 6366.1 of the
Revenue and Taxation Code of the State of California.
13.3.3 If the purchaser is obligated to purchase
the property for a fixed price pursuant to a contract
entered into prior to the operative date of this
Ordinance.
13.3.4 If the possession of, or the exercise of
any right or power over, the tangible personal property
arises under a lease which is a continuing purchase of
such property for any period of time for which the
Lessee is obligated to lease the property for an amount
fixed by a lease prior to the operative date of this
Ordinance.
13.3.5 For the purposes of subsections 12.3.3
and 12.3.4 of this section, storage, use, or other
consumption,, or .possession of, or exercise of any
20
right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the
contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or
not such right is exercised.
13.3.6 Except as provided in subsection 12.3.7 of
this section, a retailer engaged in business in the
County shall not be required to collect use tax from the
purchaser of tangible personal property, unless the
retailer ships or delivers the property into the County
or participates within the County in making the sale of
the property, including, but not limited to, soliciting
or receiving the order, either directly or indirectly,
at a place of business of the retailer in the County or
through any representative, agent, canvasser, solicitor,
subsidiary, or person in the County under the authority
of the retailer. b
13.3.7 IIA retailer engaged in business in the
Countytt shall also include any retailer of any of the
following: vehicles subject to registration pursuant to
Chapter 1 (commencing with Section 4000) of Division 3
of the Vehicle Code, aircraft licensed in compliance
with Section 21411 of the Public Utilities Code, or
undocumented vessels registered under Chapter 2 of
Division 3.5 (commencing with Section 9840) of the
Vehicle Code.
collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address
in the County.
That retailer shall be required to
13.4. Any' person subject to use tax under this
Ordinance may credit against that tax any transactions
or reimbursement for transactions tax paid to a
district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2
of the Revenue and Taxation Code with respect to the
sale to the person of the property the storage, use
or other consumption of which is subject to the use
tax.
21
SECTION 14.0 AMENDMENTS. All amendments subsequent to the
effective date of this Ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and
which are not inconsistent with Part 1.6 of Division 2 of the
Revenue and Taxation Code, and all amendments to Part 1.6 of
Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this Ordinance, provided, however, that no such
amendment shall operate so as to affect the rate of tax imposed by
this Ordinance.
SECTION 15.0 ENJOINING COLLECTION FORBIDDEN. ‘No injunction
or writ of mandate or other legal or equitable process shall issue
in any suit, action or proceeding in any court against the State
or the Authority, or against any officer of the State or the
Authority, to prevent or enjoin the collection under this
Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
SECTION 16.0. MAINTENANCE OF EFFORT. It is the intent of
this Ordinance and the Authorit9 that a maintenance of effort
shall be required of the eight library jurisdictions in the
County. This maintenance of effort shall require that
transactions and use tax revenues provided from this measure be
used to supplement the base level of expenditures, as defined in
Section 16.2, for library operations and maintenance for each
library jurisdiction in the County for the uses set forth under
Section 4.2.1. The tax revenues shall not be used to supplant
this base level of expenditures for library operations and
maintenance as set forth herein.
16.1 The Authority shall not distribute any funds
pursuant to Section 4.2.2 (c) to any library
jurisdiction in any fiscal year until that library
jurisdiction has certified to the Authority that it has
included in its budget for that fiscal year an amount of
expenditures at least equal to the minimum maintenance
of effort requirement.
16.2 The base level of expenditures for each of
the seven City library jurisdictions the County library
jurisdiction receiving transaction and use tax revenues
pursuant to this Ordinance, shall be the lesser of: (i)
the amount of expenditures for library operation and
maintenance in the 1995-96 fiscal year, or (ii) the
average amount 0.f expenditures for library operations
22
33
and maintenance in the 1993-94, 1994-95, and the 1995-96
fiscal years. For the County library jurisdiction, the
County library dedicated share of property tax revenues
shall be excluded from the calculation of the base level
of expenditures. The County library's dedicated share
of property tax revenues, as required by the State, are
revenues that are restricted to library purposes only,
and may not be used for any other purpose.
16.3 Notwithstanding Section 16.2, the
maintenance of effort requirement for the City of San
Diego library jurisdiction shall be governed by the
maintenance of effort provisions set forth in the
Charter of the City of San Diego if its maintenance of
effort charter amendment is approved at the November 5,
1996 election. If said charter amendment is not
approved by the voters, the City of San Diego's library
jurisdiction shall be governed by the maintenance of
effort requirement contained in Section 16.2. L
16.4 The following maintenance of effort rules shall
apply to the seven City library jurisdictions:
16.4.1 If a City library jurisdiction does not
meet its base level of expenditures required by its
maintenance of effort in any given fiscal year, that
library jurisdiction shall have the amount of its
shortfall withheld from its distributions in the fiscal
year following the fiscal year of its shortfall. The
Authority shall set aside the amount withheld from
distribution in an account in the name of the library
jurisdiction.
additional fiscal year (i.e., the fiscal year
immediately following the fiscal year of the shortfall,
hereinafter referred to as the "additional fiscal year")
in which to meet its maintenance of effort requirement.
The library jurisdiction shall have one
16.4.2 If the City library jurisdiction meets its
maintenance of effort requirement in the additional
fiscal year, the amount of the withheld transaction and
use tax revenues shall be distributed to the City
library jurisdiction.
in the fiscal year following the additional fiscal year
This distribution shall be made
23
r'
after the City library jurisdiction has certified to the
Authority that it has met its maintenance of effort in
the additional fiscal year.
16.4.3 If the City library jurisdictions does not
meet its maintenance of effort requirement in the
additional fiscal year, the amount of the withheld
transaction and use tax revenues shall be redistributed
to the other seventeen Cities and the County on a pro
rata basis based upon the sales and use tax revenues
generated in the additisnal fiscal year in each of the
seventeen Cities and in the unincorporated area of the
County. This distribution shall be made in the fiscal
year following the additional fiscal year after the
Authority's Auditor has certified that the City library
jurisdiction did not meet its maintenance of effort in
the additional fiscal year.
16.5 The followingbmaintenance of effort rules
shall apply to the County library jurisdiction:
16.5.1 If the County library jurisdiction does
not meet its base level of expenditures required by its
maintenance of effort in any given fiscal year, the
County and the eleven Cities within the County library
jurisdiction shall have the amount of the shortfall
withheld from their distributions in the fiscal year
following the fiscal year of the shortfall.
withheld from the County and the eleven Cities within
the County library jurisdiction shall be on a pro rata
basis based upon the sales and use tax revenues
generated in the fiscal year of the shortfall in each of
the eleven Cities and in the unincorporated area of the
County.
withheld from distribution in an account in the names of
the eleven Cities and the County, according to their
respective amounts. The County library jurisdiction
shall have one additional fiscal year (i.e., the fiscal
year immediately following the fiscal year of the
shortfall, hereinafter referred to as the "additional
fiscal year") in which to meet its maintenance of effort
requirement.
The amounts
The Authority shall set aside the amount
24
16.5.2
maintenance of effort requirement in the additional
If the County library jurisdiction meets
its
fiscal year, the amount of the withheld transaction and
use tax revenues shall be distributed to the eleven
Cities and the County. This distribution shall be made
in the fiscal year following the additional fiscal year
after the County library jurisdiction has certified to
the Authority that it has met its maintenance of effort
in the additional fiscal year.
16.5.3 If the County library jurisdiction does not
meet its maintenance of effort requirement in the
additional fiscal year, the amount of the withheld
transaction and use tax.revenues shall be redistributed
to the other seven City library jurisdictions on a pro
rata basis based upon the sales and use tax revenues
generated in the additional fiscal year in each of the
seven City library jurisdictions. This distribution
shall be made in the fiscal year following the
additional fiscal year aft& the Authority‘s Auditor has
certified that the County library jurisdiction did not
meet its maintenance of effort in the additional fiscal
year.
16.6 An annual independent audit may be
conducted to verify whether the library jurisdiction
complied with the maintenance of effort requirements.
SECTION 17.0 DURATION OF TRANSACTION AND USE TAX. The
imposition of the transaction and use tax shall terminate five
years after April 1, 1997, or the operative date of this
Ordinance, whichever is later.
(5)
SECTION 18.0. SEVERABILITY. If any provision of this
Ordinance or the application thereof to any person or
circumstances is held invalid, the remainder of the Ordinance and
the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 19.0 ANNUAL APPROPRIATIONS LIMIT. The annual
appropriations limit for the Authority is established at $85
million. The appropriations limit shall be subject to adjustment
as provided by law.
Authority of the transactions and use tax revenues are subject to
the appropriations limit of the Authority.
All distributions and expenditures by the
25
SECTION 20.0 EFFECTIVE DATE. This Ordinance relates to the
levying and collecting of the Authority transactions and use taxes
and shall take effect immediately if adopted by a vote of the
voters, with the operative date as set out in Section 3.0. Before
the expiration of fifteen (15) days after the passage of this
newspaper of general circulation published in San Diego County,
State of California, with the names of the members of the Board of
Directors of the Authority voting for and against the same.
Ordinance, it shall be published once, in the /a
PASSED, APPROVED, AND ADOPTED this day of I
1996, by the following vote of the Authority, to wit:
Chairperson of the San Diego County
Regional Library Authority
The above ordinance was adopted by the following vote:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGAUn
26
[To be completed prior to the July 31, 1996 meeting of the
San Diego County Regional Library Authority.]
27