HomeMy WebLinkAboutOrdinance 1793 (Paramedic Tax Increase)ORDINANCE NO. 17 9 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING SECTIONS 3.28.030(6), 3.28.040,
3.28.050, 3.28.060 AND 3.28.070 OF CHAPTER 3.28 OF THE
SAN RAFAEL MUNICIPAL CODE, TO INCREASE THE
SPECIAL PARAMEDIC TAX ON RESIDENTIAL UNITS AND
NON-RESIDENTIAL STRUCTURES, IN ORDER TO COVER
THE COST OF PARAMEDIC SERVICE, TO INCREASE THE
CITY'S APPROPRIATIONS LIMIT AND TO REVISE
CERTAIN DEFINITIONS
WHEREAS, the City Council of the City of San Rafael in 1979 and in 1988, adopted an
ordinance imposing a special tax to "fully fund" a city-wide paramedic service (Chapter 3.28 of
the San Rafael Municipal Code);and
WHEREAS, the Council imposed this tax annually upon all residential units and upon
non-residential structures within the City of San Rafael for the purpose of funding the full cost of
providing a citywide paramedic service program; and
WHEREAS, under the Paramedic Tax Ordinance, the City Council had the authority to
revise the amount of this tax every year to ensure that the full cost of the City's paramedic
service program was funded by said special tax ; and
WHEREAS, the passage of Proposition 218 by the voters of the State of California in
1996 and the subsequent approval of SB919 by the State Legislature in 1997, eliminated the
ability of the City Council to increase the maximum rate of the special paramedic tax without the
approval of two-thirds (2/3rds) of the City's electors; and
WHEREAS, in 1999 the voters approved an increase of the paramedic tax to a maximum
rate of $53.00 per residential unit and $.07 per square foot for non-residential structures, expiring
June 30, 2003; and
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WHEREAS, the City Council, after reviewing the proposed budget recommendation of
the City Manager, finds that the current paramedic tax rate needs to be increased so as to fully
fund the City's paramedic service program and further finds that the current tax rate is
insufficient to cover the costs and charges of providing paramedic service; and
WHEREAS, the City Council desires to submit to the City's voters on November 5,
2002 an Ordinance proposing to increase the paramedic service special tax so as to fully fund the
paramedic service program and proposing to also increase the City's appropriations limit for the
next four (4) years in connection with revenue generated by said special tax; and
WHEREAS, because the delivery of paramedic services to persons occupying residential
units does not depend upon whether the residential unit is real or personal property, a
mobilehome or an apartment, an assisted -living facility or a single-family residence, the
definition of residential unit should be modified to clearly state that such is the Council's intent.
NOW THEREFORE, the City Council of San Rafael does ordain as follows:
DIVISION 1:
San Rafael Municipal Code subsection 3.28.030(6) is deleted and a new subsection
3.28.030(6) is added to read as follows:
"(6) "Residential unit" means an individual dwelling space
intended for occupancy by one or more persons, as may be set forth
in the rolls of the County Assessor, and shall specifically include a
mobilehome as defined in section 20.04.020H of this code."
DIVISION 2:
San Rafael Municipal Code section 3.28.040 is hereby deleted and a new section 3.28.040
is hereby added, to read as follows:
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Section 3.28.040 -- Special Tax Imposed - Non-residential.
A special tax of up to eight (8) cents per square foot is imposed
upon all non-residential structures within the corporate limits of the
City of San Rafael, on an annual basis, to fund a paramedic service
program.
DIVISION 3:
San Rafael Municipal Code section 3.28.050 is hereby added to read as follows:
Section 3.28.050 -- Special Tax Imposed - Residential.
A special tax of up to a maximum of $61.00 per residential unit, is
imposed upon all residential units within the corporate limits of the
City of San Rafael, on an annual basis, to fund a paramedic service
program.
DIVISION 4:
San Rafael Municipal Code sub -section 3.28.060(a) is hereby amended to:
1) Delete the last two sentences of current subsection 3.28.060(a);
2) Add a new subsection 3.28.060(b) to read as follows:
"(b) In its annual determination of the paramedic tax rate,
the City Council shall endeavor to maintain parity between
the tax rate for residential units and non-residential
structures. The City Council shall not set the tax rate in
excess of the maximum rates allowed in sections 3.28.040
and 3.28.050 without prior approval of the electorate."
3) Redesignate the current subsection 3.28.060(b) as subsection 3.28.060(c).
DIVISION 5:
The first sentence of section 3.28.070 is hereby deleted and a new first sentence is added to
section 3.28.070, to read as follows:
"The special tax imposed by this Chapter for paramedic services is
due from every person who is the owner of a residential unit or a
non-residential structure within the City of San Rafael, as may be
reflected upon the rolls of the County Assessor, at the same time ad
valorem property tax is due, and shall be collected in the same
manner."
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As required by Article XHIB of the California Constitution, the appropriations limit of the
City of San Rafael shall be increased each year, for a period of four (4) years, by the total amount
collected each year for the Paramedic Services Special Tax (Chapter 3.28, San Rafael Municipal
Code).
DIVISION 7:
This Ordinance shall take effect if adopted by the voters of the City of San Rafael at the
Special Municipal Election to be held on the 5th day of November, 2002.
ATTEST:
JMNNE M. LEONCM, City Clerk
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/; ALBERT J. BOA6, MayoV/ / r