HomeMy WebLinkAboutFin Paramedic Tax FY2016-17CITY 01��Agenda Item No: 6.a CITY OF Meeting Date: May 2, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: FINANCE Prepared by: Mark Moses Finance Director TOPIC: PARAMEDIC TAX FY 16-17 City Manager Approval: P�_ SUBJECT: CONSIDERATION TO ADOPT AN ORDINANCE TO ESTABLISH A TAX RATE FOR FISCAL YEAR 2016-2017 FOR PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, CSA 13, CSA 19 AND MARINWOOD CSD AS PROVIDED FOR IN THE VOTER APPROVED PARAMEDIC SERVICES SPECIAL TAX RECOMMENDATION: Pass the Ordinance to Print Setting the Paramedic Tax Rates for 2016-2017 for Residential and Non -Residential Dwellings' BACKGROUND: In 1979, the citizens of San Rafael approved a new tax for the sole purpose of supporting a paramedic program. The tax was applied at a flat rate per residential dwelling. This tax was also approved by three separate jurisdictions that receive paramedic service from San Rafael. These areas included the Marinwood Community Services District (CSD), County Service Area No. 13 (Upper Lucas Valley) and County Service Area No. 19. Adoption of the original ordinance in 1979 established Municipal Code Section 3.28. Included in the Code, under Section 3.28.060, is the authority of the City Council to set the tax rates based upon a budget recommendation by the City Manager. In 1988, the voters approved an extension of the tax to non-residential properties. This tax was levied on a square footage basis, and was set at a $500 cap per each one -cent ($0.01) of tax charged. A $0.05 tax rate cap was established as part of this vote. When the City electorate first approved the paramedic program and related tax, language was contained in the ballot measure that allowed the City Council, as the lead agency for this service, to approve tax rates based upon cost of operating the paramedic program. Historically, staff would determine the cost of the paramedic program, and take a recommendation to the Council that established the rates for the coming year. Changes in tax law and voter authority modified how this process has worked over the past two decades. ' The proposed Paramedic Tax Budget was reviewed by the Finance Committee at its Meeting of April 26, 2016. FOR CITY CLERK ONLY File No.: 9-12-1 x 9-3-31 Council Meeting: 05/02/2016 Disposition: Ordinance 1940 Passed to Print SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2 The passage of Proposition 218 by California voters in 1996 put severe limits on local governments' ability to implement new or raise existing taxes, assessments and other property related fees. Effectively, under Proposition 218, no tax can be added or increased without voter approval. Exceptions can be made where the cost of a service is tied to an inflationary index or costing methodology, such as the City's business license tax (adjusted upward by CPI). When the City's paramedic tax was established, no specific formula was defined in the Ordinance that meets the criteria under Proposition 218. Thus no changes can be made to this special tax without a 2/3 voter approval. In November 2006, the citizens of San Rafael passed Measure P which increased the ceiling on the residential tax rate to $85.00 per living unit and to $0.11 per square foot on non-residential property. This vote was conducted in accordance with Proposition 218 requirements. The Council passed Ordinance 1846 in November of 2006 to reflect the changes approved by the voters. All commercial and industrial sites were levied based upon Assessor square footage records for building size. The other service areas approved paramedic tax rate ceilings to coincide with San Rafael's measure. In November of 2006, CSA No. 13 approved Measure H and CSA No. 19 approved Measure I, each by a 2/3 majority. Both Measures set the tax maximums at $85.00 for residential and $0.11 cents per square foot for non-residential. Similarly, in November 2006, Marinwood CSD approved Measure M to establish the same tax ceilings. In November 2010, the citizens of San Rafael passed Measure I. This measure increased the ceiling on the residential tax rate from $85.00 to $108.00 per living unit and on non-residential tax rate from $0.11 to $0.14 per square foot (based on Assessor records of square footage). This vote was conducted in accordance with Proposition 218 requirements. The Council subsequently passed Ordinance 1891 in December 2010 to reflect these changes. In November 2011, the voters of CSA No. 13 and CSA No. 19 passed Measures E and F, respectively. These measures increased the ceiling on the residential tax rate from $85.00 to $95.00 per living unit and on non-residential tax rate from $0.11 to $0.132 per square foot for both service areas. These ballot measures were conducted in accordance with Proposition 218 laws, and subsequent legal precedents and clarifications. (Marinwood CSD continues under its Measure M at the rate of $85.00 for residential and $0.11 cents per square foot for non-residential. That district does not have current plans to introduce a rate increase issue on future ballots.) Jurisdiction Tax Ceiling Tax Ceiling Residential Non -Residential San Rafael $108 per unit $0.140 per sq ft. CSA No. 13 $95 per unit $0.132 per sq ft. CSA No. 19 $95 per unit $0.132 per sq ft. Marinwood $85 per unit $0.110 per sq ft. Current Rates $89 per unit / $0.12 per sq ft $89 per unit / $0.12 per sq ft $89 per unit / $0.12 per sq ft $85 per unit / $0.11 per sq ft The purpose of this report and the accompanying ordinance is to establish tax rates for fiscal year 2016-2017. ANALYSIS: Tax rates and paramedic charges are based upon recovering the cost of service. The cost of the paramedic program expenditures has been determined in a manner consistent with the most recent business cost study. The sources of funds projected to cover the fiscal year 2016-2017 program costs of $7,138,243 are (in descending order) Paramedic Tax, Third Party Billings for medical emergency response and Medi -Cal reimbursements. (See Exhibit 1) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 Based upon projected costs, revenues and service levels, the current tax rates will be sufficient to cover the operating expenses of the paramedic program for the upcoming year. The paramedic program has been able to operate effectively without raising rates in CSA No. 13 and CSA No. 19 since July 1, 2012, in the City of San Rafael since July 1, 2011, and in Marinwood CSD since July 1, 2010. The Fire Department will review billing recovery and expenditure trends during the first half of fiscal year 2016-2017, preliminarily assess the impact of maintaining service levels in future fiscal years on future tax rates, and report back during the mid -year review. Staff proposes to maintain the current respective residential rates of $85 to be levied in Marinwood CSD, and $89.00 to be levied in the City and CSAs No. 13 and No. 19 (see Exhibit II). Total living units for the City plus these three jurisdictions are 27, 401 based upon Marin County Auditor Controller data. The residential sector contributes 57% of the total paramedic tax revenues (see Exhibit II). Non-residential units will continue to be billed at $0.11 per square foot in Marinwood CSD, and $0.12 per square foot in the City and CSAs No.13 and No.19 for all commercial/industrial sites. Commercial/industrial customers comprise 43% of the total expected tax revenue (see Exhibit II). Commercial Industrial customers increased by 7% due to an analysis of the tax rolls completed in FY 15-16 that identified an additional 3,267,460 of commercial building square footage. Total revenue from these taxes as well as third party billings and other reimbursements and revenues is projected to generate $7,389,243. Current Source Rates San Rafael $89/$0.12 CSA 13 $89/$0.12 CSA 19 $89/$0.12 Marinwood $85/$0.11 Sub -total: Paramedic Tax Third Party Billings Medi -Cal Reimbursements Total Revenues Proposed Projected Rates Revenues $89/$0.12 $ 3,831,807 $89/$0.12 $ 52,841 $89/$0.12 $ 226,322 $85/$0.11 $ 155,454 $ 4,416,424 $ 2,600,000 $ 372,819 $ 7,389,243 Staff recommends that the portion of fund balance not required to support unexpected revenue or expenditure variances be set aside to support capital improvements to facilities upon which the paramedic program depends for the delivery of its services. Policy guidelines governing the accumulation and use of such funds will be recommended to the Finance Committee, prior to the disposition of these funds. All of the service areas have been provided with the proposed paramedic budget for fiscal year 2016-2017, and concur with the recommendation to continue at the current tax rates. FISCAL IMPACT: The budget as presented is within the voter -approved tax rates for both the residential and non-residential (commercial and industrial) ratepayers in all jurisdictions. The paramedic services are accounted for in the Paramedic Special Revenue Fund. This fund operates self -sufficiently with revenues from paramedic taxes, third party medical billings and other reimbursements. The total expenditures for fiscal year 2016-2017 are projected to be $7,138,379. Total resources (including fund balance and projected revenues) exceed this amount. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 4 The Ordinance attached sets residential and non-residential paramedic tax rates in the San Rafael city limits and in the three other jurisdictions in which services are provided. RECOMMENDATION: Staff recommends that City Council accept the report and pass the Ordinance to print. ORDINANCE NO. 1940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2016-2017, AT THE RATES ESTABLISHED IN ORDINANCE NO. 1911 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTAL PROPERTIES), AND FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NOW RESIDENTIAL PROPERTIES) WHEREAS, the electors of the City of San Rafael in 1979 and in 1988, adopted a paramedic service tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential and commercial properties within the City of San Rafael; and WHEREAS, the City, pursuant to three separate Joint Powers Agreements, provides paramedic services to Marinwood Community Services District, County Services Area No. 13, and County Services Area No. 19; and WHEREAS, the electors of the City of San Rafael approved Measure "I" on November 2, 2010, increasing the ceiling on the residential tax rate to $108.00 per living unit and on non-residential property to $0.14 per square foot; and providing a corresponding increase in the appropriations limit; and WHEREAS, the City Council, pursuant to its authority under the paramedic tax ordinance, and based upon a budget recommendation by the City Manager, adopted Ordinance No. 1891 to reflect the changes approved by the voters; and WHEREAS, increases in the maximum rates for the Paramedic Service Tax were approved by the electors of County Service Area No. 13 and County Service Area No. 19 by elections held in November 2006 and November 2011, and by the electors of Marinwood Community Services District by an election held in November 2006; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that for the City of San Rafael, County Service Area No. 13 and County Service Area No. 19, the Paramedic Tax Rates for residential living units should remain at $89.00 and the non-residential properties tax rate should remain at $0.12 per square foot; and that for Marinwood Community Services District, the Paramedic Tax Rates for residential living units should remain at $85.00 per year, and the non-residential tax rate should remain at $0.11 per square foot; since these rates will cover the cost of providing paramedic services within these service areas for fiscal year 2016-2017; and WHEREAS, County Service Area No. 13 and County Service Area No. 19, based upon budgets recommended to them, have advised the City that they approved of the setting of the Paramedic Tax Rate within their respective jurisdictions, at $89.00 per year for each living unit, and at $0.12 per square foot for each non-residential structure; and WHEREAS, Marinwood Community Services District, based upon budgets recommended to them, have advised the City that they approved of the continuing of the Page 1 of 3 Paramedic Tax Rate within its jurisdiction, at $85.00 per year for each living unit, and at $0.11 per square foot for each non-residential structure. NOW THEREFORE, the City Council of the City of San Rafael does ordain as follows: Division 1. Pursuant to Chapter 3.28, Section 3.28.060 thereof, the Council of the City of San Rafael hereby sets the tax rate for paramedic services within City limits commencing in fiscal year 2016-2017, at $89.00 per year for each living unit, and $0.12 per square foot for non-residential structures. Division 2. The City Council hereby sets the Paramedic Tax Rates for County Service Area No. 13 and County Service Area No. 19, commencing with fiscal year 2016- 2017, at $89.00 per year for each living unit, and $0.12 per square foot for each non- residential structure. Division 3. The City Council hereby sets the Paramedic Tax Rates for Marinwood Community Services District, commencing with fiscal year 2016-2017, at $85.00 per year for each living unit, and at $0.11 per square foot for each non-residential structure. Division 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Division 5. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty days after its final passage. Pi (Ai�fi 'Kate 6olin, Vice -Mayor Attest: ,_'4 Z X_- . &'g,.A - Esther C. Beirne, City Clerk The foregoing Ordinance No. 1940 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of May, 2016, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Gamblin, McCullough & Vice -Mayor Colin NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Phillips and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of May, 2016. Page 2 of 3 ESTHER C. BEIRNE, CITY CLERK Page 3 of 3 Exhibit I Paramedic Tax Fire Dept.: 3rd Party Billing BLS Program: 3rd Party Billing GEMT ** IGT*** Other Revenue Total Revenues Personnel Costs - Paramedic Staff Supplies and Services BLS Program Capital Outlay Total Expenditures Revenues Over/Under Expenditures Fund balance, beginning of year/restate Fund balance, end of year Paramedic Tax Budget FY 16-17 3,489,494 $ 2,187,789 $ 2,788 $ 5,680,071 $ 5,032,036 $ 796,075 $ 5,828,111 $ (148,040) $ 548,946 $ 400,907 $ 3,661,064 $ 1,661,227 $ 126 $ 5,322,417 $ 4,754,315 $ 822,468 $ 5,576,782 $ (254,365) $ 400,907 $ 146,542 $ 3,807,545 $ 2,655,739 $ 125,107 $ 1,134 $ 6,589,525 $ 5,072,665 $ 915,090 $ 171,282 $ 19,754 $ 6,178,791 $ 410,734 $ 146,542 $ 557,276 $ 3,804,985 $ 2,322,937 $ 61,577 118 $ 6,189,617 $ 4,746,911 $ 1,102,311 $ 138,445 14,478 6,002,145 $ 187,472 $ 557,276 $ 744,748 $ 3,816,070 $ 2,426,744 $ 344,510 $ 1,145 $ 6,588,469 $ 4,855,930 $ 1,111,318 $ 5,967,248 $ 621,221 $ 599,574 $ 1,220,794 $ 3,820,240 $ 2,341,127 $ 77,055 $ 1,919 6,240,341 $ 5,060,775 $ 1,213,084 $ 6,273,859 $ (33,518) $ 1,220,794 $ 1,187,276 $ 4,214,806 $ 2,525,000 $ (13,157) $ 271,085 $ 6,997,734 $ 5,505,342 $ 1,199,831 $ 6,705,173 $ 292,561 $ 1,187,276 $ 1,479,837 $ *The City adjusted its beginning fund balances for FY13-14 to bring the City's financial reporting methodology fully in line with the principles of modified accrual accounting . The adjustment consists of the full recognition of payroll -related expenses in the year incurred. The impact for paramedic fund is $145,173. **GEMT - Ground Emergency Medical Transport- MediCAL Reimbursement Program ***IGT- Intergovernmental Transfer- MediCAL Reimbursement Program 4,416,424 2,600,000 125,000 247,819 7,389,243 5,799,915 1,338,464 7,138,379 250,864 1,479,837 1,730,701 CITY OF SAN RAFAEL PARAMEDIC SERVICE AREA ZONE B HISTORY OF TAX RATES AND CAPS EXHIBIT II Fiscal Residential Authorized Non -Residential Authorized Year Tax Rate Cap Tax Rate Cap Explanations 2009-10 $ 81.00 $ 85.00 $ 0.1030 $ 0.1100 2010-11 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2011-12 $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 Passage of Measure 1 2012-13 $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2013-14 $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2014-15 $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2015-2016 adopted $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2016-2017 proposed $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 CSA# 13, and CSA# 19 PARAMEDIC SERVICE AREA ZONE B HISTORY OF TAX RATES AND CAPS Fiscal Residential Authorized Non -Residential Authorized Year Tax Rate Cap Tax Rate Cap Explanations 2009-10 $ 81.00 $ 85.00 $ 0.1030 $ 0.1100 2010-11 $ 85.00 $ 85.00 $ 0.1030 $ 0.1100 2011-12 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2012-13 $ 89.00 $ 95.00 $ 0.1200 $ 0.1320 Passage of Measure E & F 2013-14 $ 89.00 $ 95.00 $ 0.1200 $ 0.1320 2014-15 $ 89.00 $ 95.00 $ 0.1200 $ 0.1320 2015-2016 adopted $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2016-2017 proposed $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 PARAMEDIC SERVICE AREA ZONE B HISTORY OF TAX RATES AND CAPS Fiscal Residential Authorized Non -Residential Authorized Year Tax Rate Cap Tax Rate Cap Explanations 2009-10 $ 81.00 $ 85.00 $ 0.1030 $ 0.1100 2010-11 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2011-12 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2012-13 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2013-14 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2014-15 $ 85.00 $ 85.00 $ 0.1100 $ 0.1100 2015-2016 adopted $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 2016-2017 proposed $ 89.00 $ 108.00 $ 0.1200 $ 0.1400 Paramedic Tax Ratio Fiscal Year Residential Non -Residential 2008-09 63.80% 36.20% 2009-10 63.70% 36.30% 2010-11 63.30% 36.70% 2011-12 63.70% 36.30% 2012-13 63.70% 36.30% 2013-14 63.50% 36.50% 2014-15 63.60% 36.40% 2015-2016 adopted 63.60% 36.40% Increase in Non Residential as 2016-2017 proposed 56.99% 43.01% a result of Audit \\fs1\udrives$\daniellef\Desktop\2017 PM Tax Budget\paramedic tax rate & ratio history 16-17tax rate & tax ratio 4/25/201612:00 PM Marin Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 415-382-7335 legals@marinij.com 2070419 CITY OF SAN RAFAEL CITY OF SAN RAFAEL CITY CLERK, ROOM 209 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 SAN RAFAEL, CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 04/22/2016 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 22th day of April, 2016. Signature PROOF OF PUBLICATION r_BP6-12,'01/15 Legal No. 0005716586 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing: To consider setting the voter approved paramedic services special tax in the City of San Rafael, CSA 13, CSA 19 and Marinwood CSD, and adoption of an ordinance establishing tax rates for fiscal year 2016/2017 for both residential and non- residential properties. DATE/TIME/PLACE: Monday, May 2, 2016 at 7:00 PM City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN: You may comment on the proposed Ordinance. The City Council will consider all public testimony and will then decide whether to adopt the Ordinance. IF YOU CANNOT ATTEND: You may send a letter to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915- 1560. You may also hand deliver a letter prior to the meeting. FOR MORE INFORMATION: You may contact Mark Moses, Finance Director (415) 458-5018. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ Esther Beirne ESTHER BEIRNE City Clerk NO. 467 April 22, 2016. L/FUR'` ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS --> [DEPT - AGENDA TOPIC] Agenda Item # (D -G,. Date of Meeting: 5/2/2016 From: Danielle Ferrigno Department: Finance Date: 4/22/2016 Topic: Paramedic Tax FY 16-17 Subject: CONSIDERATION TO ADOPT AN ORDINANCE TO ESTABLISH A TAX RATE FOR FISCAL YEAR 2016-2017 FOR PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, CSA 13, CSA 19 AND MARINWOOD CSD AS PROVIDED FOR IN THE VOTER APPROVED PARAMEDIC SERVICES SPECIAL TAX Type: ❑ Resolution ® Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - Approved once final attachement is updated ® City Attorney Remarks: ETD Approved 4/22116 ® Author, review and accept City Attorney / Finance changes Remarks: DF -Approved 4/26/16 ® City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: