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HomeMy WebLinkAboutFin Paramedic Tax FY2008-09CITY OF Agenda Item No: 13 Meeting Date: July 7, 2008 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: MANAGEMENT SERVICES Prepared by: Cindy Mosser, City Manager Approval:, Finance Director SUBJECT: CONSIDERATION TO ADOPT AN ORDINANCE TO ESTABLISH A TAX RATE FOR FISCAL YEAR 2008-2009 FOR PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, CSA19, CSA13 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 2008-2009 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 2008-2009. 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 service, to approve tax rates based upon cost of operating the paramedic program. Historically, FOR CITY CLERK ONLY File No.: -S-3/ 4 S- S Council Meeting: �44 __�_10V Disposition: 4P, b(i0Aa,ct= 0 1 2�bP SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLe: 2 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 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. In summary, 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. 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 2002, the citizens of San Rafael passed a measure that provided for a ceiling on the residential tax rate of $61.00 and a non-residential rate ceiling of $0.08 per square foot. The City had reached the ceiling in fiscal year 2004-2005. In November of 2006, the citizens of San Rafael passed Measure P. This new measure increases the ceiling on the residential tax rate to $85.00 per living unit and on non-residential property to $0.11 per square foot. 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 1846 in November of 2006 to reflect the changes approved by the voters in both the tax rates and GANN limit calculation. All commercial and industrial sites are levied based upon Assessor square footage records for building size. 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 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 $.11 cents per square foot for non-residential. Similarly, Marinwood CSD approved Measure M for the same tax ceilings. Taxes have traditionally been recommended in whole dollar increments. Rates are based upon recovering the cost of service. For 2008-2009, the cost of running the paramedic program is $4,894,486. This sum will be a part of the overall City budget adoption on July 7, 2008. The program costs remains relatively constant with approximately $21,000 increase from the 2007- 2008 fiscal year. There are no significant changes in the paramedic operation from fiscal year 2007-2008. Although supplies and services increased approximately 5.8 percent, changes in personnel created a personnel cost decrease of approximately 1 percent. Personnel costs are approximately 88 percent of the total paramedic program budget. Staff proposes to raise the residential rate to $77.00 to be levied in the City as well as the three other jurisdictions. Total living units for the City plus these three jurisdictions are 27,417 based upon Marin County Auditor Controller data. The residential sector makes up about 63.8% of the total paramedic tax resources. Also, non-residential units will be billed at $.0960 cents per square foot for all commercial/industrial sites served by the Paramedic program. Commercial/industrial customers comprise 36.2% of the total expected tax revenue. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The attached Exhibits illustrate the history of taxes and billing revenues collected and projected for the Paramedic Services. Based upon adopted costs, the rates recommended are sufficient to cover the operating expenses of the paramedic program for fiscal year 2008-2009. No General Fund subsidy is required to sustain this program at the current service level. The expense budget for the 2008-2009 paramedic program is $4,894,486. 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 $3,310,000, or 68 percent of program costs. Third Party billings are forecasted at $1,750,000. FISCAL IMPACT: The budget as presented reflects the voter approved tax rate limits 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, it would mean additional 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. UITO9[@1►1 Nx_1U1740 Staff recommends Council accept the report and adopt the ordinance as presented. ATTACHMENTS W:\Management Services- WorkFile\Finance- WorkFile\Council Material\Staff Reports\2008\City\Paramedic tax report 08-09.doc ORDINANCE NO. 1867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2008-2009, AT THE RATES ALLOWED IN ORDINANCE NO. 1846 FOR RESIDENTIAL AND NOW RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2008-2009 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. ($77.00 FOR RESIDENTIAL AND $.0960 PER SQUARE FOOT FOR NON-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 7, 2006, increasing the ceiling on the residential tax rate to $85.00 per living unit and on non-residential property to $0.11 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. 1846 to reflect the changes approved by the voters; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the Paramedic Tax Rates for residential should be increased from $75.00 to $77.00 and non-residential properties tax rate should be increased from $.0945 to $.0960 per square foot for fiscal year 2008-2009, since these rates will 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 Page 1 of 3 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 by the electors of Marinwood Community Services District by an election held in November 2006; 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 $77.00 per year for each living unit, and at $.0960 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 2008-2009, at $77.00 per year per living unit, and at $.0960 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 2008-2009, shall be at $77.00 per year for each living unit, and at $.0960 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: Esther C. Beirne, City Clerk Page 2 of 3 pr ert oro, Ma or The foregoing Ordinance No. 1867 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 7th day of July, 2008, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 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 21st day of July, 2008. ESTHER C. BEIRNE, CITY CLERK WAManagement Services- WorkFile\Finance- WorkFile\Council Material\Ordinances\2008\Paramedic Tax Ord 08-09.doc Page 3 of 3 CITY OF SAN RAFAEL EXHIBIT I PARAMEDIC SERVICE AREA ZONE B HISTORY OF TAX AND OTHER REVENUES Fiscal Paramedic Third Party total % Year Taxes Billing Explanations $ increase 1988-89 807,306 807,306 1989-90 852,878 852,878 5.64% 1990-91 848,008 848,008 -0.57% 1991-92 989,149 989,149 16.64% 1992-93 1,009,372 1,009,372 2.04% 1993-94 1,001,082 1,001,082 -0.82% 1994-95 1,200,000 414,319 First year for 3rd party billing 1,614,319 61.26% 1995-96 1,283,000 617,543 1,900,543 17.73% 1996-97 1,391,000 688,233 2,079,233 9.40% 1997-98 1,420,393 1,003,367 2,423,760 16.57% 1998-99 1,571,855 1,007,088 2,578,943 6.40% 1999-00 1,584,638 1,169,600 2,754,238 6.80% 2000-01 1,938,568 1,561,220 San Rafael 1996 Commercial tax 3,499,788 27.07% cap gone 2001-02 1,976,973 1,661,432 3,638,405 3.96% 2002-03 2,038,900 1,421,583 3,460,483 -4.89% 2003-04 2,332,935 1,217,697 3,550,632 2.61% 2004-05 2,519,056 1,428,531 First year for BLS Transportation 3,947,587 11.18% 2005-06* 2,668,491 1,485,750 hit tax caps 4,154,241 5.23% 2006-07* 2,671,595 1,474,240 Medicare impacts 3rd party billing 4,145,834 -0.20% 2007-08 revised budget 3,235,000 1,675,000 Measure P - new cap 4,910,000 18.43% 2008-09 proposed budget 3,310,000 1,750,000 5,060,000 3.05% *General Fund subsidized the Paramedic Fund for FY2005-06 and FY2006-07 in the amount of $180,500 and $448,500, respectively. 7/2/2008 12:56 PM Page 1 paramedic tax history.xls CITY OF SAN RAFAEL EXHIBIT II 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 1988-89 $ 23.10 $ 25.00 $ 0.0200 $ 0.0500 first year of non-residential 1989-90 $ 25.00 $ 25.00 $ 0.0220 $ 0.0500 1990-91 $ 25.00 $ 25.00 $ 0.0220 $ 0.0500 1991-92 $ 28.00 $ 35.00 $ 0.0250 $ 0.0500 1992-93 $ 28.40 $ 35.00 $ 0.0254 $ 0.0500 1993-94 $ 28.40 $ 35.00 $ 0.0254 $ 0.0500 1994-95 $ 34.10 $ 35.00 $ 0.0305 $ 0.0500 second paramedic unit - TL 1995-96 $ 37.00 $ 45.00 $ 0.0331 $ 0.0500 1996-97 $ 40.00 $ 45.00 $ 0.0357 $ 0.0500 third paramedic unit 1997-98 $ 40.00 $ 45.00 $ 0.0357 $ 0.0500 1998-99 $ 44.00 $ 45.00 $ 0.0500 $ 0.0500 fourth paramedic unit 1999-00 $ 46.00 $ 53.00 $ 0.0530 $ 0.0700 2000-01 $ 49.00 $ 53.00 $ 0.0600 $ 0.0700 2001-02 $ 50.00 $ 53.00 $ 0.0610 $ 0.0700 2002-03 $ 52.00 $ 53.00 $ 0.0625 $ 0.0700 2003-04 $ 54.00 $ 61.00 $ 0.0675 $ 0.0800 2004-05 $ 59.00 $ 61.00 $ 0.0740 $ 0.0800 fourth paramedic unit ended 2005-06 $ 61.00 $ 61.00 $ 0.0800 $ 0.0800 2006-07 $ 61.00 $ 61.00 $ 0.0800 $ 0.0800 2007-08 $ 75.00 $ 85.00 $ 0.0945 $ 0.1100 Passage of Measure P 2008-09 $ 77.00 $ 85.00 $ 0.0960 $ 0.1100 7/2/2008 12:56 PM Page 1 paramedic tax history.xls 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 19, CSA 13 and Marinwood CSD, and adoption of an ordinance establishing tax rates for fiscal year 2008/2009 for both residential and non-residential properties. DATE/TIME/PLACE: Monday, July 7, 2008 at 8:00 PM City Council Chamber, 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 approve the Ordinance amendment. IF YOU CANNOT ATTEND: You may send a letter to Esther C. 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 Cindy Mosser, Finance Director (415) 458-5018. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL ESTHER C. BEIRNE, City Clerk (Please publish in the Marin Independent Journal on Friday, June 27, 2008 and Thursday, July 3, 2008) CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: July 7, 2008 FROM: Cindy Mosser DEPARTMENT: Finance DATE: July 2, 2008 TITLE OF DOCUMENT: Consideration to Adopt an Ordinance to Establish a Tax Rate for Fiscal Year 2008-2009 for Paramedic Services for Both Residential and Non -Residential Properties in the City of San Rafael, CSA 19, CSA 13 and Marinwood CSD as Provided for in the Voter Approved Paramedic Services Special Tax. r De ment Head (signature) C ITY ATTO *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGEEND ITEM: Ci y anager (signature) City Attorney (signature NOT APPROVED 17:1kFi/_1V:��