HomeMy WebLinkAboutFin Paramedic Tax FY2012-13crrr oF��
Agenda Item No: 5 a.
Meeting Date: May 7, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: FINANCE
Prepared by: Mark Moses City Manager Approval. Pt�
Interim Finance Director
SUBJECT: CONSIDERATION TO ADOPT AN ORDINANCE TO ESTABLISH A TAX RATE
FOR FISCAL YEAR 2012-2013 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
2012-2013 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
have modified how this process has worked over the last several years.
FOR CITY CLERK ONLY
File No.: IT ..
Council Meeting:��°��=��
Disposition:.
SAN IZAFAEL CITY COUNCIL AGENDA REPORT / Page: 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 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. Thus no changes can be made to this
tax without a 2/3 voter approval.
The purpose of this report and the accompanying ordinance is to establish tax rates for fiscal
year 2012-2013.
ANALYSIS:
In November of 2006, the citizens of San Rafael passed Measure P. This measure increased
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 conducted 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 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 of 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 done in accordance with Proposition 218 laws, and also provided under
Proposition 218 a corresponding increase in the appropriations limit (Gann calculation). The
Council passed Ordinance 1891 in November of 2010 to reflect the changes approved by the
voters in both the tax rates and GANN limit calculation.
In November of 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.
The third jurisdiction that receives paramedic services, Marinwood CSD will continue 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.
Taxes have traditionally been recommended in whole dollar increments. Rates are based upon
recovering the cost of service. For 2012-2013, the cost of running the paramedic program is
currently projected at $5,737,910 (see Exhibit 1).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Staff proposes to maintain the respective residential rates of $85 to be levied in Marinwood
CSD and $89.00 to be levied in the City, and to increase the rate from $85.00 to $89.00 in
CSAs No.13 and No. 19 (see Exhibit II). Total living units for the City plus these three
jurisdictions are 27,431 based upon Marin County Auditor Controller data. The residential
sector makes up about 64% of the total paramedic tax resources (see Exhibit III). Also, 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 will increase from $0.11 to $0.12 per square foot for CSAs
No.13 and No.19 for all commercial/industrial sites. Commercial/industrial customers comprise
36% of the total expected tax revenue (see Exhibit III). Total revenue expected from these
taxes as well as third party billings is projected at $6,182,520 (see Exhibit IV).
The City has been reaching out to those in the Marinwood CSD and the two county services
areas regarding the program budget and services for the upcoming year, and the
corresponding impact on paramedic tax rates. Based upon projected costs and service levels,
the rates recommended will be sufficient to cover the operating expenses of the paramedic
program for the next few fiscal years.
Costing of these program expenditures 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 $3,882,520, or 68 percent of program costs. Third
Party billings are forecasted at $2,300,000 (see Exhibit IV).
FISCAL IMPACT:
The budget as presented is within the voter -approved tax rates for the non-residential
(commercial and industrial) and residential -supported ratepayers. If the recommendation is
approved at lesser rates than those proposed, there may be a need to reduce service levels or
request a general fund subsidy to maintain the planned levels of service.
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.
ACTION REQUIRED:
Staff recommends Council accept the report and adopt the ordinance as presented.
ATTACHMENTS
W:\Management services- WorkFile\Finance- WorkFile\Council Material\Staff Repo rts\2012\City\Paramedic tax report 12-13.doc
ORDINANCE NO. 1904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL CONTINUING THE PARAMEDIC TAX RATES, COMMENCING
WITH FISCAL YEAR 2012-2013, AT THE RATES ESTABLISHED IN
ORDINANCE NO. 1896 FOR RESIDENTIAL AND NON-RESIDENTIAL
PROPERTIES IN THE CITY OF SAN RAFAEL ($89.00 FOR
RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTAL
PROPERTIES) AND THE MARINWOOD COMMUNITY SERVICES
DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT
FOR NON-RESIDENTIAL PROPERTIES); AND SETTING THE
PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2012-
2013, FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN,
COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO.
19. ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR
NON-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 County Service Area No. 13 and
County Service Area No. 19, the Paramedic Tax Rates for residential should be increased
from $85.00 to $89.00 and non-residential properties tax rate should be increased from
$0.11 to $0.12 per square foot for fiscal year 2012-2013, since these rates will cover the
cost of providing paramedic services within these two service areas; and
Page 1 of 3
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
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 confirms the tax rate for paramedic services within City limits
commencing in fiscal year 2012-2013, continues to be $89.00 per year for each living unit,
and at $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 2012-
2013, at $89.00 per year for each living unit, and at $0.12 per square foot for each non-
residential structure.
Division 3. The City Council hereby confirms that the Paramedic Tax Rates set
for Marinwood Community Services District, commencing with fiscal year 2012-2013,
continues to be $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.
�• �"tom,._.
ry O. P it ips, Mayor
Attest:
"!5Stf.<!L G •��
Esther C. Beirne, City Clerk
The foregoing Ordinance No. 1904 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 7th day of May, 2012, and ordered
passed to print by the following vote, to wit:
Page 2 of 3
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
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 21 st day of May, 2012.
ESTHER C. BEIRNE, CITY CLERK
Page 3 of 3
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CITY OF SAN RAFAEL EXHIBIT 11
PARAMEDIC SERVICE AREA ZONE B
HISTORY OF TAX RATES AND CAPS
Fiscal
Residential
Authorized
Non -Residential
Authorized
Year
Tax Rate
Cap
Tax Rate
Cap
Cap
Explanations
2003-04
$
54.00
$ 61.00
$ 0.0675
$
0.0800
$
2004-05
$
59.00
$ 61.00
$ 0.0740
$
0.0800
$
2005-06
$
61.00
$ 61.00
$ 0.0800
$
0.0800
$
2006-07
$
61.00
$ 61.00
$ 0.0800
$
0.0800
61.00
2007-08
$
75.00
$ 85.00
$ 0.0945
$
0.1100
Passage of Measure P
2008-09
$
77.00
$ 85.00
$ 0.0960
$
0.1100
$
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 proposed
$
89.00
$ 108.00
$ 0.1200
$
0.1400
$
2013-14 preliminary
$
89.00
$ 108.00
$ 0.1200
$
0.1400
$
2014-15 preliminary
$
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
Tax Rate
Cap
Cap
Tax Rate
Cap
Explanations
2003-04
$
54.00
$
61.00
$
0.0675
$
0.0800
2004-05
2004-05
$
59.00
$
61.00
$
0.0740
$
0.0800
$
2005-06
$
61.00
$
61.00
$
0.0800
$
0.0800
61.00
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
$ 0.1030
2009-10
$
81.00
$
85.00
$
0.1030
$
0.1100
$
2010-11
$
85.00
$
85.00
$
0.1030
$
0.1100
0.1100
2011-12
$
85.00
$
85.00
$
0.1100
$
0.1100
(a) See Below
2012-13 proposed
$
89.00
$
95.00
$
0.1200
$
0.1320
(b) Passage of Measure E & F
2013-14 preliminary
$
89.00
$
95.00
$
0.1200
$
0.1320
2014-15 preliminary
$
89.00
$
95.00
$
0.1200
$
0.1320
Note:
(a) CSA #13 and CSA #19, did not pass Measure I -new tax rate ($108 - residential and $0.140 - Non residential)
during November 2010 election.
(b) CSA #13 and CSA #19 passed Measure E and Measure F during November 2011 election, respectively.
The new tax rate ($95 - residential and $0.1320 - Non residential)
MARINWOOD (CSD)
PARAMEDIC SERVICE AREA ZONE B
HISTORY OF TAX RA TES AND CAPS
Fiscal
Residential
Authorized
Non -Residential
Authorized
Year
Tax Rate
Cap
Tax Rate
Cap
Explanations
2003-04
$
54.00
$
61.00
$ 0.0675
$
0.0800
2004-05
$
59.00
$
61.00
$ 0.0740
$
0.0800
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
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
(c) See Below
2012-13 proposed
$
85.00
$
85.00
$ 0.1100
$
0.1100
2013-14 preliminary
$
85.00
$
85.00
$ 0.1100
$
0.1100
2014-15 preliminary
$
85.00
$
85.00
$ 0.1100
$
0.1100
Note:
(c) Marinwood did not pass Measure knew tax rate ($108 - residential and $0.140 - Non residential)
during November 2010 election.
W:wlanagement Services- WorkFile\Finance- WorkFile\Accounting and Budgeting\Revenue Schedules-Tracking\Paramedic Tax\paramedic tax history.xlstax rate -City
5/2/20128:52 AM
"'FiscalYear
2003-2004
2004-2005
2005-2006
2006-2007
2007-2008
2008-2009
2009-2010
2010-2011
2011-2012
2012-13 proposed
2013-14 preliminary
2014-15 preliminary
City of San Rafael
Paramedic Tax Ratio
Res"identia"l
Non -Residential
67.56%
32.44%
62.68%
37.32%
61.70%
38.30%
62.60%
37.40%
63.50%
36.50%
63.80%
36.20%
63.70%
36.30%
63.30%
36.70%
63.70%
36.30%
63.70%
36.30%
63.70%
36.30%
63.70%
36.30%
EXHIBIT III
WAManagement Services- WorkFile\Finance- WorkFile\Accounting and Budgeting\Revenue Schedules-
Tracking\Paramedic Tax\Paramedic tax ratios.xlsRatios
CITY OF SAN RAFAEL EXHIBIT IV
PARAMEDIC SERVICE AREA ZONE B
HISTORY OF TAX AND OTHER REVENUES
Fiscal
Paramedic
Third Party
total
Year
Taxes
Billing
Explanations
$
2003-04
2,332,935
1,217,697
3,550,632
2004-05
2,519,056
1,428,531
3,947,587
2005-06
2,668,491
1,485,750
Hit tax caps
4,154,241
2006-07
2,671,595
1,474,240
Medicare impacts 3rd party billing
4,145,834
2007-08
3,224,610
1,676,412
Measure P - new cap
4,901,022
2008-09
3,210,317
2,025,709
5,236,026
2009-10
3,489,494
2,187,789
5,677,283
2010-11
3,661,064
1,661,227
Measure I - new cap
5,322,291
2011-12 budget
3,869,500
2,100,000
5,969,500
2012-13 preliminary budget
3,882,520
2,300,000
(a)
6,182,520
2013-14 preliminary budget
3,882,520
2,346,000
(b)
6,228,520
2014-15 preliminary budget
3,882,520
2,392,920
(b)
6,275,440
Note:
(a)Third Party Billing revenue was increased by $200,000 from FY11-12, which is based on estimation of
revenue from Ground Emergency Medical Transport cost recovery and SRFD Basic Life Support Program.
(b) The calculation is based on 2% CPI increase from prior year.
W:\Management Services- Work File\Finance- Work File\Accounting and Budgeting\Revenue Schedules-Tracking\Paramedic Tax\paramedic
tax history.xlsTAX HISTORY
5/2/20128:51 AM
CITY OF SAN RAFAEL RECOVED
ROUTING SLIP / APPROVAL FORM 111110 12012
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT,
CX�4-RL,'
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: May 7, 2012
FROM: Mark Moses, Interim Finance Director
DEPARTMENT: Finance
DATE: April 30, 2012
TITLE OF DOCUMENT:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONTINUING
THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2012-2013, AT THE
RATES ESTABLISHED IN ORDINANCE NO. 1896 FOR RESIDENTIAL AND NOW
RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL ($89.00 FOR RESIDENTIAL
AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTAL PROPERTIES) AND THE
MARINWOOD COMMUNITY SERVICES DISTRICT ($85.00 FOR RESIDENTIAL AND $0.11
PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES); AND SETTING THE
PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2012-2013 FOR
RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN, COUNTY SERVICE AREA NO.
3, AND COUNTY SERVICE AREA NO. 19. ($89.00 FOR RESIDENTIAL AND $0.12 PER
SQUARE FOOT FOR NON-RESIDENTIAL PROPERTIES)
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL/ AGENCY
AGENDA ITEM:
City Manager (signature)
NOT APPROVED
REMARKS:
APPROVED AS TO FORM:
City Attorney (signature)
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 2012/2013
for both residential and non-residential properties.
DATE/TIME/PLACE: Monday, May 7, 2012 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, Interim 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
(Please publish in the Marin Independent Journal on Friday, April 27, 2012.)
