HomeMy WebLinkAboutOrdinance 1965 (Paramedic Service Special Tax)ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3.28
OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE PARAMEDIC
SERVICE SPECIAL TAX
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, in 1979 the voters of the City of San Rafael enacted Chapter 3.28 of the
San Rafael Municipal Code establishing a Paramedic Service Special Tax on residential
units in San Rafael, to generate funds for the provision of paramedic services; and
WHEREAS, in 1988, the voters of the City of San Rafael extended the Paramedic
Service Special Tax to also apply to nonresidential structures in the City; and
WHEREAS, the City's practice in administering the Paramedic Service Special Tax has
been to consider individual taxpayer requests for reduction or elimination of the
assessed amount of the paramedic tax on a property where, because a structure is
unoccupied or substantially under-occupied, the property is unlikely to require the
assumed amount of paramedic services; and
WHEREAS, the City Council wishes to formalize this existing administrative practice by
including it in the Municipal Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. CODE AMENDMENT.
Section 3.28.080 of the San Rafael Municipal Code is hereby adopted to read as
follows:
3.28.80 Adjustment of tax.
(a) Any taxpayer may, by June 15, file a written request the city manager to reduce
or eliminate the Paramedic Service Special Tax for the forthcoming fiscal year.
The city manager shall grant the request in full or part, to the extent that the
taxpayer establishes to his or her reasonable satisfaction any of the following :
a. A nonresidential structure or residential unit will be unoccupied during
substantially the entirety of the forthcoming fiscal year;
b. A nonresidential structure or residential unit is slated for demolition;
c. A nonresidential structure is fit for occupancy by significantly fewer
persons than the California Fire Code authorizes for the structure as a
whole due to damage, construction, or other obstructions to use such that
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the tax should be reduced to reflect a lower potential demand for
paramedic services; or
d. The law otherwise requires the application to be granted in whole or part.
(b) The city manager or designee shall determine the application in writing after an
oral or paper hearing based upon such evidence as the taxpayer may submit or
is otherwise available. This decision will be final as to the City but is subject to
judicial review pursuant to Code of Civil Procedure section 1094.5. The city
manager or designee shall inform the county tax collector of any approval in
time for preparation of the tax roll for the coming fiscal year.
DIVISION 3. CEQA FINDINGS.
This Ordinance is not a project within the meaning of Section 15378 of the California
Environmental Quality Act (CEQA) Guidelines because it has no potential to result in
physical change in the environment, directly or indirectly. If this Ordinance is found to be
a project under CEQA, it is exempt under CEQA Guideline 15061 (b)(3) because it can
be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
DIVISION 4. CONSTRUCTION.
(a) Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance or its application to any person or circumstance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance or its application to other persons and circumstances. The City Council of the
City of San Rafael hereby declares it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional and, to that end, the provisions hereof are hereby
declared to be severable.
(b) Declaratory of Existing Law. The City Council declares that the
amendment to the San Rafael Municipal Code effected by this Ordinance codifies the
existing practice of the City and is therefore declaratory of existing law.
DIVISION 4. PUBLICATION. EFFECTIVE DATE:
This Ordinance shall be published once, in full or in summary form, 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 (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
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Rafael, County of Marin, State of California.
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No.1965 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 19th day of November 2018 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: McCullough
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 3rd day of December, 2018.
LINDSAY LARA, City Clerk
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Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
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:
11/23/2018
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 26th day of November, 2018.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006258628
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
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