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HomeMy WebLinkAboutOrdinance 1891 (Paramedic Tax)ORDINANCE NO. 1891 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 3.28.040 AND 3.28.050 OF CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO INCREASE THE MAXIMUM SPECIAL PARAMEDIC TAX RATE ON RESIDENTIAL UNITS AND ON NON- RESIDENTIAL STRUCTURES AND TO INCREASE THE CITY'S APPROPRIATIONS LIMIT IN CONNECTION THEREWITH WHEREAS, the City Council of the City of San Rafael in 1979 adopted an ordinance imposing a special tax to "fully fund" a city-wide Paramedic Service Program (Chapter 3.28 of the San Rafael Municipal Code); and WHEREAS, for more than thirty (30) years, the City Council has imposed this tax annually upon all residential units and upon all non-residential structures within the City of San Rafael for the intended purpose of funding complete and total costs associated with the provision of a citywide Paramedic Service Program; and WHEREAS, prior to the passage of Proposition 218 in 1996, the City Council each year adjusted the Paramedic Special Tax rate to fund total costs of the City's Paramedic Service Program; and, WHEREAS, the passage of Proposition 218, eliminated the authority of the City Council to adjust the maximum rate of the Paramedic Special Tax without first obtaining the approval of two-thirds (2/3rds) of the voters at a municipal election; and WHEREAS, in 2006 the voters of San Rafael approved an increase of the maximum Paramedic Tax rate to $85.00 annually for residential units and $.11 per square foot annually for non-residential structures; and WHEREAS, the City Council, after reviewing the total current and projected costs of the Paramedic Service Program, revenues provided by Ambulance Transporting, and the total revenue generated by the current Paramedic Tax maximum rate, has found that the current Paramedic Tax rate fails to fully fund the Paramedic Service Program, thus requiring the diversion of a portion of the City's General Fund to subsidize the Program, which diversion of General Fund monies threatens the provision of other City services including park maintenance, road repair, and police services and fire services; and WHEREAS, the maximum Paramedic Special Tax rate needs to be increased so as to fully fund the City's Paramedic Service Program as was originally intended under the ordinance enacted by the voters of the City of San Rafael; and WHEREAS, it is crucial to ensure that the Paramedic Service Program remains completely and adequately funded by a combination of Ambulance Transportation billing and the paramedic tax revenues, so as to maintain rapid response times to medical emergencies, provide advanced treatment to heart attack patients and keep trained paramedics on fire engine companies; and, WHEREAS, the City Council has submitted to the City's voters on November 2, 2010 this measure to amend the Paramedic Tax ordinance to authorize an increase of the maximum Paramedic Special Tax rate so as to fully fund the Paramedic Service Program; and WHEREAS, this measure would also increase the City's appropriations limit for the next four (4) years in connection with revenue generated by the Paramedic Special Tax in accord with California Constitution Article XIIIB; NOW THEREFORE, the People of the City of San Rafael do ordain as follows: DIVISION 1: San Rafael Municipal Code section 3.28.040 is hereby amended to read as follows: Section 3.28.040 -- Special Tax Imposed - Non-residential. A special tax of up to a maximum of fourteen cents ($.14) per square foot is imposed upon all non-residential structures within the corporate limits of the City of San Rafael, on an annual basis, to fund a Paramedic Service Program. DIVISION 2: San Rafael Municipal Code section 3.28.050 is hereby amended to read as follows: Section 3.28.050 -- Special Tax Imposed - Residential. A special tax of up to a maximum of $108 per residential unit is imposed upon all residential units within the corporate limits of the City of San Rafael, on an annual basis, to fund a Paramedic Service Program. DIVISION 3: As required by Article XIIIB of the California Constitution, the appropriations limit of the City of San Rafael shall be increased each year, for a period of four (4) years, by the total amount collected each year under the Paramedic Service Special Tax (Chapter 3.28, San Rafael Municipal Code). DIVISION 4: This Ordinance shall be effective ten days after the date on which the City Council has declared its approval by at least two-thirds of the City's electors voting at the special municipal election to be held on the 2nd day of November, 2010. A BE T J. B , MaT— �, Oyor ATTEST: ESTHER C. BEIRNE, City Clerk