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HomeMy WebLinkAboutFin Paramedic Tax 2002-03c►ry oF�� Agenda Item No: 18 Meeting Date: July 1, 2002 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: MANAGEMENTSE)R CES Prepared by: Ken Nordhoff, City Manager Approval: Assistant City Manager SUBJECT: CONSIDERATION OF AN INCREASE IN THE VOTER APPROVED PARAMEDIC SERVICE SPECIAL TAX IN THE CITY OF SAN RAFAEL, CSA 19, CSA 13 AND MARINWOOD CSD AND ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATES FOR FISCAL YEAR 2002-2003 FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES RECOMMENDATION: Pass the Ordinance to Print Setting the Paramedic Tax Rates for 2002-2003 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, County Service Area #19 and County Service Area #13 (Upper Lucas Valley). 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. Adoption of the original ordinance in 1979 established Municipal Code Section 3.28. Included in the Code under Section 3.28.060 the Council has the authority to set the tax rates based upon a budget recommendation by the City Manager. The purpose of this report is to establish tax rates for fiscal year 2002-2003. An ordinance has been prepared which provides the necessary information to establish said tax rates. ANALYSIS: 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 FOR CITY CLERK ONLY File No.: x Council Meeting: 71//�% Disposition: Q� OA t . SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 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. Recent changes in law have modified how this process has worked over the last few years. The passage of Proposition 218 by California voters in 1996 put severe limits on local government being able to implement new or raise existing taxes, assessments and other property related fees. As with most recently passed initiatives, ambiguity and confusion, relative to currently existing laws, was a byproduct of Proposition 218. In 1997, the State Legislature passed SB919 that provided much-needed administrative cleanup for the 218 initiative. In a nutshell, no tax can be increased under Proposition 218 without a vote of the people. 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 put into place, no specific formula was defined in the Ordinance that meets the criteria under Proposition 218 and SB 919. Based upon review from City legal staff, no change could be made to the San Rafael residential portion of this tax without a 2/3 majority approval. In November of 1999, the citizens of San Rafael passed Measure P. This measure provided for a ceiling on the residential tax rate of $53.00. This vote was done in accordance with Proposition 218 laws, and also provided under Proposition IV a corresponding increase in the appropriations limit (GANN calculation). The Council passed Ordinance 1747 in November of 1999 to reflect the changes approved by the voters in both the tax rates and GANN limit calculation. Measure P approved a $.07 per square foot cap rate on non-residential property. All commercial and industrial sites are levied based upon Assessor square footage records for building size. Measure P for the City runs through 2003. As far as the other service areas are concerned, they have approved paramedic tax rate ceilings to coincide with San Rafael's measure. In November of 1998, CSA No. 13 approved Measure K and CSA No. 19 approved Measure L, each by a 2/3 majority. Both Measures set the tax maximums at $53.00 for residential and $.07 cents per square foot for non-residential. The approval of these Measures is valid from July of 1999 through June of 2003. Similarly, Marinwood CSD approved Measure F in March of 1999 for the same tax ceilings and time period. Taxes have traditionally been recommended in whole dollar increments. Staff met with County and Marinwood representatives on Wednesday, June 5th and presented a breakdown of the program outlay expected for budget year 2001-2002. Fire Chief Marcucci and I requested and received administrative approval of $52.00 to be charged to the City as well as the three other jurisdictions. This represents an increase of $2.00 from the 2001-2002 rates. Total living units for the City plus these three jurisdictions are 26,967 based upon Marin County Auditor Controller data. If approved, the $2.00 per living unit increases amounts to $53,934 of new tax dollars from the residential sector. The proposed rate remains $1.00 per unit below the voter approved residential limit. Also, non-residential units will be billed at a consistent $.0625 cents per square foot to all commercial/industrial sites served by the Paramedic program. Raising this tax rate from $.0610 in the prior year provides $15,213 in added tax dollars. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Staff has completed a preliminary budget for the paramedic program. The attached Exhibits (which were provided to other agency representatives on June 5th) provide definitions of the detailed costs expected for the 2002-2003 fiscal year. Based upon projected costs, the rates recommended above are sufficient to cover the operating expenses of the paramedic program next year. No General Fund subsidy is required to sustain this program at the current service level. The tentative budget for the paramedic program for 2002-2003 is $3,451,312. Costing of this program has been done in a manner consistent with the business cost study. Two sources of funds are expected to cover these costs. Paramedic tax for all service jurisdictions is estimated at $2,051,312, or 59% of program costs. Third Party billings are forecasted at $1,400,000, or 41% of the budget. Ambulance billings are expected to remain flat. Although the volume of patient transports may increase, recent changes in Medicare law have limited the amount of payment for patient transportation services. Formal adoption of the budget for this program will be included with City budget actions scheduled for the month of July. FISCAL IMPACT: The budget as presented reflects the change in tax rates for the non-residential (commercial and industrial) and residential supported ratepayers. If either recommendation is not approved, or ratified at a lesser rate than those proposed, this would mean subsidies from the General Fund in an amount equal to the shortfall of special paramedic taxes. The Ordinance attached sets residential and non-residential paramedic tax rates. ACTION REQUIRED: Staff recommends Council accept the report and adopt the ordinance as presented. ATTACHMENTS WAManagement services- WorkFile\Finance- Work File\Council Material\Staff Reports\2002\City\paramedic tax 02-03.doc ORDINANCE NO. 1785 AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2002-2003, AT THE RATES ALLOWED IN ORDINANCE NO. 1747 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2002-2003 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($52.00 FOR RESIDENTIAL AND $.0625 PER SQUARE FOOT FOR NOW RESIDENTIAL PROPERTY) 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 electors of the City of San Rafael approved Measure "P" on November 2, 1999; 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. 1747, increasing the Paramedic Tax Rate commencing in fiscal year 2000-2001, up to a maximum residential tax rate of $53.00 per living unit, and up to a maximum tax rate of $.07 per square foot on non-residential properties; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the existing Paramedic Tax Rates for residential should be increased from $50.00 to $52.00 and non-residential properties tax rate should be increased from $.0610 to $.0625 per square foot for fiscal year 2002-2003, since these rates will partially, but not wholly, cover the cost of providing paramedic services within the City; 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, 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 1998, and by the electors of Marinwood Community Services District by an election held in March 1999; and WHEREAS, County Service Area No. 13, County Service Area No. 19, and Marinwood Community Services District, 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 $52.00 per year for each living unit, and at $.0625 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 does hereby set the tax rate for paramedic services within City limits commencing in fiscal year 2002-2003, at $52.00 per year per living unit, and at $.0625 per square foot on non-residential properties. Division 2_ The City Council hereby confirms that the Paramedic Tax Rates set for County Service Area No. 13, County Service Area No. 19, and Marinwood Community Services District, commencing with fiscal year 2002-2003, shall be at $52.00 per year for each living unit, and at $.0625 per square foot for each non-residential structure. Division 3. 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 4. 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. Attest: Anne M. L`ZL eonclini, City Clerk Abeft'J. B , Mayor 2 The foregoing Ordinance No. 1785 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 1St day of July, 2002, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen 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 15th day of July, 2002. J N E M. LEONCNIS , CITY CLERK Ch C O O N �o O j cn d U E O O U U 0) 0) m m 0- N O O N d O C 0 N O ti N tir-- N O N O ti r ti N O N r• — O rn N O 00 LO — CO 00 r- CO O — ' r- V.: L6 OO N E LO O N CCT LO O � LO C14 't N It It CO M N N ch 64 69 69- EFT 64 6Fk 69 Eg Ul 6R 6R tR m W Z O N ch J . 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Date/Time/Place: Monday, July 1, 2002 at 8:00 PM City Council Chamber, 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 approve the Ordinance amendment. If you cannot attend: You may send a letter to Jeanne Leoncini, City Clerk, City of San Rafael, PO Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. For more information: You may contact Ken Nordhoff, Director of Management Services, 415-485-3070. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. San Rafael City Council Je n�Leoncini, City Clerk (Please publish twice in the Marin Independent Journal, once on Friday, June 14th and Friday, June 21, 2002.). X_ —� ` C o r-� rG C: PROOF OF PUBLICATION (2015.5 C.C.P.) CITY OF SAN RAFAEL ............................................................................................ . STATE OF CALIFORNIA County of Marin SS 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 princi- pal 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 25568; 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: JUNE 14, 21 ........................ all in the year 2002. I certify (or declare) under penalty of perjury that the foregoing is true and correct. ..................... M.0... ... ......... '' Signature 21 JUNE Dated this...............day of ............................. 2002 Proof of Publication of City of Sart Rafdel Notica,of Public Hearing The City Council of the City of San Rafael will hold a public hearing: Purpose: Public Hearing: To consider an increase in the voter approved paramedic services special tax in the City of San Rafael, CSA 19, CSA 13 and Marinwood CSD and adoption of an ordinance establishing tax rates for fiscal year 2002/2003 for both residential and non-residential properties. DateMme/Place: Monday, July 1, 2002 at 8:00 PM City Council Chamber, 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 approve the Ordjnance amendment. If you cannot attend: You may send a letter to Jeanne Leonpini, City Clerk, City of San Rafael, PO Bog 151560, San Rafael; CA 94915-1560. You may also hand deliver a latter.pdor to the meeting. For more Information: You may contact Ken Nordhoff, Director of Management Services, 415-485-3070. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. San Rafael City Council /s/ Jeanne M. Leonclni I Jeanne M. Leoncini, City Clerk No. 1214 June 14, 21, 2002 PROOF OF PUBLICATION Tt, MARIN IND�PENDEN a JOURNAL FROM P.O. BOX 6150 CITY �I NOVATO, CA 94948-6150 '-- ATT1"�1TI 1: t30NFlA LAZARUS, LEGAL ADVERTISING OF .-----.-._... -. SAN RAFAEL P.O. #0001 0 1400 FIFTH AVENUE, P.O. BOX 151560, SAN RAFAEL CA 94915-1560 SUBJECT NOTICE OF PUBLIC HEARING - TO CONSIDER AN INCREASE IN THE VOTERDATE APPROVED PARAMEDIC SERVICES SPECIAL TAX IN `rHE CITY OF SAN RAFAE'L, JUNE 11, 2+302 MESSAGEr'SA 19, CSA 13 AND MARINWOOD CSD AND ADOPTION OF AN ORDINANCE ES AuLISHING TAX RATES FOR FISCAL YEAR 2002/2003 FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES PLEASE PUBLISH THE ABOVE-MENTIONED NOTICE OF PUBLIC HEARIIG , TO BE HELD BEFORE THE SAN RAFAE� CITY COUNCIL P40NDAY, JULY 1, 2002, IN THE MARIN INDEPENDENT JOURNAL TWO (2) TIMES; Isi: FRIDAY, 6/14/02; Second Time: FRIDAY, 6/21/02° PLEASE PROVIDE PROOF BY FAX TO: (415) 465-3133. PLEASE PROVIDE AFFIDAVIT OF PROOF OF PUBLICATION (IN DUPLICATE), ALONG w/INVOICE° T� rc: KENNETH NURDHUFF, Di r.Mgmt.5vcs e (w/Enc1 e)p.1 ORIGINATOR -DO NOT WRITE BELOW THIS LINE REPLY TO �!/ SIGNED JEANNE 1�i. LEONCINI, City Clerk REPLY cc: ROBERT MARCUCCI, Fire Chief (vi/Encl.) SIGNED DATE I SEND PARTS I AND 3 INTACT PART I WILL BE RETURNED WITH REPLY City of San Rafael Notice of Public Hearinq The City Council of the City of San Rafael will hold a public hearing: Purpose: Public Hearing: To consider an increase in the voter approved paramedic services special tax in the City of San Rafael, CSA 19, CSA 13 and Marinwood CSD and adoption of an ordinance establishing tax rates for fiscal year 2002/2003 for both residential and non-residential properties. Date/Time/Place: Monday, July 1, 2002 at 8:00 PM City Council Chamber, 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 approve the Ordinance amendment. If you cannot attend: You may send a letter to Jeanne Leoncini, City Clerk, City of San Rafael, PO Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. For more information: You may contact Ken Nordhoff, Director of Management Services, 415-485-3070. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. San Rafael City Council Je&fine M. Leoncini, City Clerk (Please publish twice in the Marin Independent Journal, once on Friday, June 14th and Friday, June 21, 2002.). City of San Rafael Notice of Public Hearinq The City Council of the City of San Rafael will hold a public hearing: Purpose: Public Hearing: To consider an increase in the voter approved paramedic services special tax in the City of San Rafael, CSA 19, CSA 13 and Marinwood CSD and adoption of an ordinance establishing tax rates for fiscal year 2002/2003 for both residential and non-residential properties. Date/Time/Place: Monday, July 1, 2002 at 8:00 PM City Council Chamber, 1400 Fifth Avenue, San Rafael What will Happen: You may comment on the proposed resolution- The City Council will consider all public testimony and will then decide whether to approve the -Resolution amendment. If you cannot attend: You may send a letter to Jeanne Leoncini, City Clerk, City of San Rafael, PO Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. For more information: You may contact Ken Nordhoff, Director of Management Services, 415-485-3070. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. San Rafael City Council Je ne M. Leon cini, City Clerk (Please publish twice in the Marin Independent Journal, once on Friday, June 14th and Friday, June 21, 2002.). Paramedic Services Special Tax: Public Hearine 07/01/02 Suecial Mailine of Notice: 06/12/02 Charles W. Carson, Jr. Home Builders Association PO Box 7100 2255 Challenger Way, #107 Santa Rosa, CA 95407-0100 Paramount Homes 2108 Grant Street Concord, CA 94520 Approval of Contract/Agreements/Ordinances/Resolutions From: Ken Nordhoff Date: June 20, 2002 Originating Department: Management Services Title of document: SRR SRCC Agenda Item No. Date of Meeting: July 1, 2002 RECEIVED JUN 2 0 2002 CITY ATTORNEY Consideration of an increase in the voter approved Paramedic Service Special Tax in the City of San Rafael, CAS 19, CSA 13 and Marinwood CSD and adoption of an ordinance establishing tax rates for fiscal year 2002-2003 for both residential and non-residential properties. 0 D rtment HeaASignat Re iew d by City Mana • r NJYQ 6 f27? A6 ed as Council/A "cy Agenda Item To: Management Services Approved as to form Remarks if l Not Approved ity Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING THE PARA EDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2002-2003, AT THE RATES ALLOWED IN ORDINANCE NO. 1747 FOR REWENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC AX RATES, COMMENCING WITH FISCAL YEAR 2002-2003 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. WHEREAS, the electors ofrthe 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 electors of the City of San Rafael approved Measure "P" on November 2, 1999; 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. 1747, increasing the Parah- edic Tax Rate commencing in fiscal year 2000-2001, up to a maximum residentialtax rate of $53.00 per living unit, and up to a maximum tax rate of $.07 per sqare foot on non-residential properties; and WHEREAS, the City Council, after reviewing �he proposed budget recommendation of the City Manager, finds that the existing aramedic Tax Rates for residential should be increased from $50.00 to $52.00 and non-residential properties tax rate should be increased from $.0610 to $.0625 er square foot for fiscal year 2002-2003, since these rates will partially, but not wholly, cover the cost of providing paramedic services within the City; 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, 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 1998, and by the electors of Marinwood Community Services District by an election held in March 1999; and WHEREAS, County Service Area No. 13, County Service Area No. 19, and Marinwood Community Services District, 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 $52.00 per year for each living unit, and at $.0625 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 does hereby set the tax rate for paramedic services within City limits commencing in fiscal year 2002-2003, at $52.00 per year per living unit, and at $.0625 per square foot on non-residential properties. Division 2. The City Council hereby confirms that the Paramedic Tax Rates set for County Service Area No. 13, County Service Area No. 19, and Marinwood Community Services District, commencing with fiscal year 2002-2003, shall be at $52.00 per year for each living unit, and at $.0625 per square foot for each non-residential structure. Division 3. 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 4. 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. Albert J. Boro, Mayor Attest: Jeanne M. Leoncini, City Clerk The foregoing Ordinance No. was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 1St day of July, 2002, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 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 15th day of July, 2002. JEANNE M. LEONCINI, CITY CLERK