HomeMy WebLinkAbout2008-08-04 Ordinance 4996ORDINANCE NO. 4996
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
CALLING A SPECIAL ELECTION AND ORDERING TIlE
SUBMISSION OF A PROPOSITION INCURRING BONDED
DEBT FOR THE PURPOSE OF CONSTRUCTION AND
COMPLETION OF A NEW MITCHELL PARK LffiRARY AND
COMMUNITY CENTER, RENOVATION AND EXPANSION OF
MAIN LffiRARY, AND RENOVATIONS TO DOWNTOWN
LIBRARY TO THE QUALIFIED VOTERS OF THE CITY OF
PALO ALTO AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 4,2008
WHEREAS, use of the Palo Alto libraries has increased; in fiscal year 2007·2008
circulation in Palo Alto libraries increased 8% over the prior year, and users checked out over 1.5
-....... ~ ....... ---million~books,--periodicals, .. nVDsran<iother-materials;~and ......... ~ __ .. __ _
.. WHEREAS~ '1l'l~a. 200Trepoii,' me "City Mdiloroelerililiiecilna:fPa:loAltolioranes
are in the poorest condition when compared to libraries in ten surrounding communities; and
WHEREAS, the Auditor's report specifically noted that Palo Alto's libraries were
overcrowded, had poor lighting and inadequate meeting spaces; and
WHEREAS, Palo Alto libraries are cramped, have poor lighting, and have no room
for expansion of collections or group study and quiet reading areas; and
WHEREAS, Mitchell Park Library was built more than fifty years ago; over the past
twenty years circulation there has tripled and it currently receives more than one thousand
visitors per day; and
WHEREAS, Mitchell Park Library has the highest circulation of all libraries in Palo
Alto, but it is too small and outdated to serve the population that uses it today; and
WHEREAS, many.:residents in oureomm:unity~::especialb'=Childrena:nd seniors, rely
on Palo Alto libraries; and
WHEREAS, some of the heaviest use occurs after school when children from the
neighborhood schools gather to do homework, research and work on group projects; at these
times, the libraries can be overcrowded and noisy, making it challenging for others to
comfortably use the library, study, or access services; and
WHEREAS, Mitchell Park, Main and Downtown libraries have poor ventilation and
lack air conditioning; and
WHEREAS, Mitchell Park, Main and Downtown libraries are too small to
accommodate growth in library collections, which residents have identified as a priority for City
libraries; and
, .
WHEREAS, under the conditions described above, our libraries cannot fully offer
the services and resources our Palo Alto residents deserve; and
WHEREAS, it is critical that the City provide libraries and community centers that
afford earthquake safety by construction to modem seismic standards; and
WHEREAS, the City needs to ensure and enhance disabled access at its public
libraries and community centers; and
WHEREAS, libraries are an important community asset because they provide more
than just books-they are a place for residents to learn and to gather and they enrich the culture
of our City; and
WHEREAS, on July 21,2008, this City Council adopted, by a two-thirds vote of all
the members of the Council, a Resolution entitled "A Resolution of the Council of the City of
---~Eal~Alto-Determining----Ihat-the-Eublic-Interest-and-Necessity-Demand-the-Construction-and_---
Completion of a New Mitchell Park Library and Community Center and the Renovation of Main
and DownfowriLlbraIles arid tlieuFlllallclIig Tnrougli Uie Issuance·ofGeneral OBlIgatIon BoIias"~---
(the "Resolution"); and
WHEREAS, in order to provide for the issuance by the City of its general obligation
bonds to fmance the costs of constructing the new Mitchell Park library and community center
and renovating and improving Main and Downtown libraries, it is necessary for this Council to
pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness
for such purpose to the qualified voters of the City at an election; and
WHEREAS, a Special Municipal Election for the City is to be held on Tuesday,
November 4, 2008; and
WHEREAS, the City Council desires to submit to the voters at the election the
proposition of incurring bonded indebtedness as hereinafter set forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO,
CALIEORNIA, dneS::Ordain as-:foHows.
SECTION 1. Ballot Proposition. That the following question shall be submitted
to the voters of the City at the Special Municipal Election to be held on November 4, 2008:
"LmRARY FACILITIES, COLLECTIONS, SAFETY IMPROVEMENT BOND. To
provide additional space to expand library collections, add new children's and group
program areas, replace outdated lighting, provide modern ventilation and air
conditioning systems, ensure seismic safety and enhance disabled access, shall the
City of Palo Alto issue bonds up to $76,000,000 to construct a new energy-efficient
Mitchell Park Library and Community Center, expand and renovate Main Library,
and renovate Downtown Library, with annual audits and independent citizen
oversight?"
YES NO
SECTION 2. Object and Purpose of Bonds. The object and purpose of incurring
the indebtedness is to finance the costs of constructing a new energy efficient, environmentally
friendly library and community center at Mitchell Park and the costs of renovating and expanding
Main Library and renovating Downtown Library, including enhancements at all three facilities
for earthquake safety and disabled access, expanded space for library collections, meeting and
study areas, and new air conditioning, ventilation and lighting systems. The foregoing
improvements are referred to herein as the "Improvements". The City wishes to construct the
Improvements because the present library and community center at Mitchell Park, and the Main
and Downtown libraries, are inadequate to serve the needs of the citizens of the City.
SECTION 3. Estimated Cost of Improvements. The estimated cost of the
portion of the costs of the Improvements to be paid for from the City's general obligations bonds
is seventy-six million dollars ($76,000,000). The estimated cost includes legal and other fees
and the cost of printing the bonds and other costs and expenses incidental to or connected with
the authorization, issuance and sale of bonds. The cost of constructing the Improvements in
-...... -·~··-excess-()f--$'76,OOO,OOO-will-bepaid-f()r-from-other-fundsof'-the-City ...... --~ ~~_
SEC'IIDN ~P'"rincipar MoUnt of Bonds. The amount of thepriIlcipal-or-tlie
indebtedness to be incurred is not to exceed seventy-six million dollars ($76,000,000).
SECTION 5. Maximum Interest Rate. The maximum rate of interest to be paid
on the indebtedness shall be twelve percent (12%) per annum.
SECTION 6. Issuance and Sale of Bonds. This City Council does hereby call a
special municipal election on Tuesday, November 4, 2008, and submit to the qualified voters of
,the City, at said Special Municipal Election, the proposition set forth in Section I hereof. The
City proposes to construct and complete the Improvements, and to issue and sell General
Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter
4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the
maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified
voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general
obligations of the City, payable from and secured by taxes levied and collected in the manner
prescribed by laws of the State of California. All of said bonds are to be equally and ratably
seemed, withoatPliOlily,-~-the:taxing=power-:ofthe:£ity. mm _.~ .. __ •••••• ==--~ =====.::=
SECTION 7. Consolidation; Manner of Conducting Election. That in all
particulars not recited in this Ordinance, the election shall be held and conducted as provided by
law for holding municipal elections. That pursuant to the requirements of section 10403 of the
Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to
consent and agree to the consolidation of a Special Municipal Election' with the Statewide
Special Election on Tuesday, November 4, 2008, and said election shall be held in all respects as
if there were only one election and only one form of ballot shall be used.
SECTION 8. Procedure for Voting on Proposition. Ballots for the election
shall be provided in the form and in the number provided by law. Voters shall be provided an
opportunity to vote for or against the proposition on the ballot, in accordance with procedures to
be adopted by the authorized officers of the County charged with conducting the election.
SECTION 9. Time and Place of Election. Notice of the time and place of
holding the election is given and the City Clerk is authorized, instructed, and directed to give
further or additional notice of the election, in the time, form, and manner required by law.
SECTION 10. Publication of Ordinance. This Ordinance shall be published once
a day for at least seven days in a newspaper printed, published and circulated at least six days a
week in the City, or once a week for two weeks in a newspaper printed, published and circulated
less than six days a week in the City. The first of said publications shall, in either event, be
within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized
and directed to make said publications and to transmit, for receipt no later than August 8, 2008, a
certified copy of this Ordinance to the Board of Supervisors (the "Board of Supervisors") of
Santa Clara County (the "County"), and a copy with the County Clerk of the County and the
Registrar of Voters ofthe County.
~~~. -----S-EGllON-l-l-. -Canvassing---E1ectionRetums.~The-Boa.rd-ot'-SupervisofS-is-herehy~~~~
authorized to canvass the returns of said City Bond Election.
SECTION 12. Election Instructions. The Board of Supervisors is hereby
requested to issue instructions to the County Elections Department to take any and all steps
necessary for the holding of the said consolidated elections.
SECTION 13. Accountability Reguirements. As required by Section 53410 of the
Government Code, a statement in substantially the following form shall be included on the ballot
for the Bonds, and the City Council covenants to comply with the reporting requirements
contained in Section 53411 of the Government Code:
Accountability Measures
As required by Section 53410 of the Government Code, the following
accountability measures are hereby made a part of the City's Bond Measure "LIBRARY
FACILITY, COLLECTIONS, SPACE, SAFETY IMPROVEMENT BOND" (the "Measure''):
a)==TlIe=specific-purpose~of-the::bonds-is::tn::bnild::a:n.ew:MitchellPark:li:braty:=d~ __ ~ __
community center, expand and renovate Main library, and renovate Downtown library;
b) The proceeds from the sale of the City's bonds will be used only for the
purposes specified in the Measure, and not for any other purpose;
c) The proceeds of the Bonds will be deposited into a Library/Community Center
Project Construction Fund to be held by the City; and
d) The Administrative Services Director of the City shall file an annual report
with the City Council of the City, commencing not later than November 1,2009, and annually
thereafter, which report shall contain pertinent information regarding the amount of funds
collected and expended, as well as the status of the Library/Community Center project listed in
the Measure.
In addition to those required measures, the City shall create a citizen's oversight
committee to monitor the projects and report to the City Council.
SECTION 14. Estimated Tax Rate. At this time, the best estimate from official
sources of the tax rate required to be levied to fund the bond issue is $27 per $100,000 of
assessed value.
SECTION 15. Reimbursement for Election Costs. That the City of Palo Alto
recognizes that additional costs will be incurred by the County by reason of this consolidation
and agrees to reimburse the County for any costs.
SECTION 16. Ballot Form and Content. That the ballots to be used at the
election shall be in form and content as required by law.
-... -~--..... --.... --.sEG-T-IQN1-7.--Actions-and~Materials~Necessary--fot:.conducting-E1ection.~Thatm __ .... __
the City Clerk is authorized, instructed and directed to have the Santa Clara County Election .. Department· procure aitd fiiiiiisli·any . ariarul officiru·· f)rulofs~·· 110tices~prilite1tn matter .. art01Ulr-· ---~
supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election. The City Manager is authorized to make changes to the ballot language as
required by the County Clerk and/or Registrar of Voters.
SECTION 18. Election Polls. That the polls for the election shall be open at 7:00
o'clock a.m. of the day of the election and shall remain open continuously from that time until
8:00 o'clock p.m. of the same day when the polls shall be closed. except as provided in Section
14401 of the Elections Code of the State of California:
SECTION 19. Ballot Arguments. Pursuant to Elections Code Section 10403,
August 8, 2008 is be the deadline for submission to the Board of Supervisors by a local agency
the ordinance or resolution requesting consolidation with the statewide election and any
resolution or ordinance placing a measure on the November 4, 2008 ballot. Pursuant to Elections
Code Section 9286 et. seq., August 13, 2008 at 5 p.m. shall be the deadline for submission of
arguments in favor of, and arguments against, any local measures on the ballot. If more than one
StgWnent:for-andtor against is:recei¥ed;Jhe:priotitieS::estab~ Code Section92~7
shall control.
SECTION 20. Rebuttal Arguments. The provisions of Elections Code Section
9285 shall control the submission of any rebuttal arguments. The deadline for filing rebuttal
arguments shall be August 20, 2008 at 5 p.m.
SECTION 21. Impartial Analysis. The City Council directs the City Clerk to
transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments.
SECTION 22. Effective Date. This Ordinance shall become effective immediately
as an ordinance relating to an election pursuant to Government Code section 36937(a) upon its
adoption by two-thirds vote of all the members of this City Council.
The above ordinance was introduced with the first reading waived at a regular
meeting of the City Council on the 21st day of July, 2008, and passed and adopted at a regular
meeting of said Council held on the 4th day of August, 2008, by the following vote:
INTRODUCED: July 21, 2008
PASSED: August 4, 2008
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
MORTON, SCHMID, YEH
ABSTENTIONS:
APPROVED AS TO FORM: APPROVED:
~~ :cftyorney
Tax Rate Statement In Connection With
City of Palo Alto Bond Measure_
An election will be held in the City of Palo Alto (the "City") on November 4, 2008, on the question
of issuing bonds in the principal amount of $76,000,000 to finance library and community center facilities as
described in the bond measure. If the bonds are approved, the City expects to sell the bonds in one series.
Principal and interest on the bonds will be paid from taxes levied on taxable property in the City. The
following tax rate information is given to comply with Sections 9400-9404 of the Elections Code of the State
of California.
Based on estimated assessed valuations available at the time of filing of this statement:
1. The best estimate of the tax rate that would be required to be levied to fund this bond issue
during the first fiscal year after the salt: of the first and only series of bonds, based on estimated assessed
valuations available at the time of filing of this statement, is $0.02874 per $100 ($28.74 per $100,000) of
assessed valuation in fiscal year 2009-10.
per $1 OO~OOO) of assessed-valuation in fIscal year 2U09-10.
3. The best estimate of the average annual tax rate which would be required to be levied to fund
this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is
$0.02698 per $100 ($26.98 per $100,000) of assessed valuation.
Voters should note that the estimated tax rates are based on the assessed value of taxable property on
the County's official tax rolls, not on the property's market value. In addition, taxpayers eligible for a
property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than
described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners
should consult their own property tax bills and the County Assessor to determine their property's assessed
value and any applicable tax exemptions.
The actual tax rates and the years in which they will apply may vary from those presently estimated,
due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market
interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds.
__ ~_The estimates are based upon the Citts projections and are not binding upon the City. The dates of sale and
··-~~lh.e8mount of fionds soia at any given titne Will oedetermmei:toy ttm-Citylmsed on tIre-neettforconstruction
funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond
market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of
taxable property within the City as determined by the County Assessor in the annual assessment and the
equalization process.
Dated: August 5 ,2008
Larry Klein
Mayor
City of Palo Alto