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June 5, 2018 — California Primary Election
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Local

City of Orinda
Measure J - 2/3 Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

5,488 votes yes (74.86%)

1,843 votes no (25.14%)

100% of precincts reporting (14/14).

7,529 ballots counted.

To maintain hours and services; replace worn and outdated materials; undertake building maintenance and repairs; and continue library programs for children, families, and seniors, shall the City of Orinda be authorized to modify the existing thirty-nine dollar annual tax, adding thirty dollars per single family residential parcel, or equivalent unit, so that the amended tax raises a total of five hundred fourteen thousand dollars annually for the Orinda Library, until amended by voters, with audits and oversight?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

Voting YES on this Measure is a vote for increasing and modifying the existing library parcel tax 

NO vote means

Voting NO on this Measure is a vote against increasing and modifying the existing library parcel tax    

Impartial analysis / Proposal

https://cityoforinda.org/DocumentCenter/View/2097

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE J

[Submitted pursuant to Elections Code 9280]

 

Measure J is a special parcel tax placed on the ballot by the Orinda City Council. If approved by the voters, this Measure would increase and modify the City’s existing library parcel tax. That parcel tax was approved by the voters in 2008.

 

Under the existing library parcel tax, the rate is $39 per year for single family residences, or equivalent units. The City of Orinda uses revenue from the existing parcel tax to fund operation of the Orinda Library. For example, Contra Costa County, which operates the Orinda Library, currently funds 35 hours per week and the City funds 25 additional hours using library parcel tax revenue.

 

The proposed Measure would increase the library parcel tax rate from $39 to $69 per year for single family residences, or equivalent units. The annual tax for each property would be calculated by multiplying $69 by the equivalency factor specified in the Measure for each of the County Assessor’s land use codes. Single family residential parcels are assigned a factor of 1, which currently applies to 91% of Orinda parcels. Multifamily residential parcels are assigned a factor related to number of units, with a maximum factor of 10. For non-residential parcels, the maximum factor is 15, a reduction from the factors of 30 and 60 in the existing library parcel tax. Vacant parcels and parcels not subject to the tax are assigned a factor of 0.

 

Neither the existing library parcel tax nor the proposed Measure contains an inflation adjustment or a termination date for the tax. As required by state law applicable to special library parcel taxes, the Measure specifies all tax proceeds must be used for the library. The authorized uses specified in the Measure are: additional library service hours to supplement those provided by Contra Costa County; utilities, maintenance, insurance and other operating costs; repair of the library building and its systems and equipment; replacement of worn and outdated books and materials; the direct cost of administering and collecting the tax; and library programs for children, families and seniors.

 

Per state law, the Measure specifies all revenue would be deposited into the Orinda Library Parcel Tax Fund, which would be subject to annual independent audits.  Additionally, as required by state law, the City’s Finance Director would annually report to the Orinda City Council on the amount of funds collected and expended, and the status of any project authorized. The Measure would also require the Council to appoint an independent oversight committee of residents to review library parcel tax revenues and expenditures going forward.

 

To take effect, the Measure must be approved by two-thirds of the voters voting on it. If the Measure is not approved, the existing library parcel tax would remain in effect, unchanged (as approved by the voters in 2008).

 

Voting YES on this Measure is a vote for increasing and modifying the existing library parcel tax as described above.

Voting NO on this Measure is a vote against increasing and modifying the existing library parcel tax as described above.


 

 

 

 

 

Osa L. Wolff City Attorney City of Orinda

 

The above statement is an impartial analysis of Measure J. If you desire a copy of the full text of the Measure, please call the City Clerk at 925-253-4221 or email ssmith@cityoforinda.org and a copy will be mailed at no cost to you. The full text of the Measure is also viewable on the City's website at www.cityoforinda.org.

Published Arguments — Arguments for and against the ballot measure

Read the proposed legislation

Proposed legislation

FULL TEXT OF MEASURE J

(Proposed Ordinance Subject To Approval By 2/3 Voters At June 5, 2018 Special Municipal Election) 

 

 

 

IN THE MATTER OF:                                                                      Ordinance No. 18-04

An Ordinance Imposing a Special Library Services Parcel Tax subject to approval by two-thirds of the Electors at the special municipal election to be held Tuesday June 5, 2018                                                                                 )

 

SECTION 1.

 

A new Chapter 3.32 shall be added to Title 3, Revenue and Finance of the Orinda Municipal Code, subject to voter approval as set forth herein, as follows:

 

Chapter 3.32

 

SPECIAL LIBRARY SERVICES PARCEL TAX

 

3.32.001        Title.

 

This Chapter shall be known as the City of Orinda Special Library Services Parcel Tax. This Chapter shall be applicable to the incorporated territory of the City of Orinda. All references to “tax” in this Chapter are to the Special Library Services Parcel Tax established herein.

 

3.32.010        Purposes.

 

A.             This Chapter was enacted by the voters pursuant to Government Code section 53717 et seq. for the specific purposes of providing revenue for operation, maintenance, and repair of the Orinda Library.

 

B.             The costs properly funded, in whole or in part, by this tax include the following library related items: additional library service hours to supplement those provided by Contra Costa County; utilities, maintenance, insurance and other operating costs; repair of the library building and its systems and equipment; replacement of worn and outdated books and materials; the direct cost of administering and collecting the tax; and library programs for children, families and seniors. The costs funded by the special library parcel tax will not be used to fund major capital improvements (as defined by Government Code section 53717).

 

3.32.020        Proceeds of tax; accountability measures.

 

A.             All revenue generated by this tax will be used for the specific library purposes identified above and will be deposited in a special fund to be known as the Orinda Library Parcel Tax Fund.

B.              To the extent the City incurs facility costs for portions of the Orinda Library used for non-library purposes, a reasonable cost allocation plan will be established as part of the budget and approved by the City Council. The allocation will ensure that the


 

allocated cost share for portions of the Orinda Library used for non-library purposes is paid from other City revenue sources.

 

C.            On or before January 1 of each fiscal year, the City’s chief fiscal officer will file an annual report with the City Council that explains at a minimum: (1) the amount of funds collected and expended under this special library parcel tax; and (2) the status of any project authorized to be funded by this revenue.

 

D.            The funds collected from this tax will be subject to an annual audit by independent auditors.

 

 

3.32.030        Imposition and calculation of the tax.

 

A.             The annual amount of the tax shall be $69 per developed single family residential parcel, or equivalent unit.

 

B.             Each year, the amount of the tax applicable to a parcel will be calculated by multiplying $69 by the applicable equivalency factor/multiplier described in subsection C. Vacant parcels and other parcels not subject to the tax are assigned a factor of 0. Single family residential parcels are assigned a factor of 1, so will pay $69 per year. Multifamily residential parcels are assigned a factor greater than 1 based on the number of units present. Other parcel types are assigned factors greater than 1 based on expected library benefit to the particular land use, accounting for employees and patrons. The tax is uniform for each single family residential parcel and for each other parcel type.

 

C.            The following table describes the equivalency factor/multiplier applicable to each parcel type using the same parcel codes employed by the Contra Costa County Assessor.


 

     


 

30.32.040      Persons liable for tax; collection of tax.

 

Although it is not an ad valorem tax, this tax will be billed by Contra Costa County on the secured roll tax bills for ad valorem property taxes and will be due to the City of Orinda. The tax will be collected in the same manner in which the County collects secured roll ad valorem property taxes.

 

3.32.050        Independent oversight.

 

A.             Within 90 days after the effective date of this Chapter, the City Council will establish an independent review Committee.

 

B.             The Committee will review the collection and expenditure of tax revenues collected under the authority of this Chapter. The Committee will consist of at least five members, who will be residents of the City.

 

C.            The terms of the Committee members and their specific duties will be established by resolution of the City Council.

 

SECTION 3:

 

If any portion of this ordinance or any portion of any parcel tax levied under it is for any reason held to be invalid, that shall not affect the validity of the remainder of the ordinance or the remainder of any parcel tax levied under it. The voters of the City of Orinda hereby declare that they would have adopted the remainder of this ordinance regardless of the invalidity of any other portion of the ordinance or tax measure.

 

SECTION 4:

 

The modification and increase in the tax provided for herein shall take effect immediately upon approval by two-thirds of the City of Orinda voters voting on it at the special municipal election to be held June 5, 2018, so that the tax, as amended and increased, may be first collected for the tax year beginning July 1, 2018.

 

SECTION 5:

 

The City Clerk shall publish this Ordinance according to law.

More information

News (2)

Library Services Parcel Tax on June Ballot — May 1, 2018 Orinda News
Orinda Voters To Decide on Library Parcel Tax — April 14, 2018 East Bay Times
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