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HomeMy WebLinkAbout09-City Administrator If 1 ". . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.64.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AREA TAX RATES Dept: Administration 0 R J C ; " v' A L Date: June 12,2001 Synopsis of Previous Council Action: 6/7/2001 Legislative Review Committee approved the Mayor's recommendation that the Parking and Business Improvement Tax be reduced by 50% beginning July 1, 2001 through June 30, 2002 and eliminated completely thereafter. Recommended motion: That the ordinance be laid over for final adoption. lifm Contact person: Teri Baker Phone: 5122 Supporting data attached: Staff Report and Ordinance Ward: 1 FUNDING REQUIREMENTS: Amount: $54,700 FY 01 /02 - General Fund Source: (Accl. No.) 109-000-4302 (Accl. Description) Parking DistricUBusiness Improvement Fund revenues Finance: Council Notes: flie 1// fI{~ (, ,I1l/ClI, .# 3'l Agend '" 1/' /1)/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: An Ordinance of the City of San Bernardino amending Section 3.64.020 of the San Bernardino Municipal Code relating to Area Tax rates. Backaround: One of the Mayor's long standing goals is the revitalization of the downtown area. The Mayor has recognized the fiscal impact on downtown businesses that pay the Area Tax as well as a Parking District Assessment. To address the issue, she asked City staff to identify some options. The following three options were developed: OPTION 1: First Year: Reduce the Area Tax rate to businesses by 50%. This would reduce the rate that professional and manufacturing businesses pay from 25% to 12.5% and for all other types of businesses, from 100% to 50%. Second Year: Eliminate the remaining Area Tax when the Parking Assessment District expires. The City would have to pick up certain security, maintenance and decoration costs. OPTION 2: Eliminate the Area Tax when the Parking Assessment District expires on June 30, 2002. OPTION 3: Maintain the Area Tax in its current structure or consider reducing the rate. Establish a Downtown Business Advisory Commission to develop recommendations regarding the expenditure of funds. Attached is a report on the Downtown Area Tax and the Parking District. The report explains that the Area Tax was established by Ordinance in 1965. Although the Parking District Assessment will expire in 2002, the Area Tax Ordinance has no sunset clause; therefore, it would continue indefinitely. At the June 7'h meeting of the Legislative Review Committee, the three options were considered. After some discussion, the Committee recommended that Option 1 be forwarded to the full Council for approval. Downtown businesses pay Area Tax along with their business registration fees which is on a continuous basis. Since the 50% reduction in area tax will be effective July 1, 2001, the Business Registration Division will not have time to correct the billing for those payments due in July. Therefore, those businesses that paid the prior tax rate amount before being notified of the change will have that amount credited toward future payments. When the tax is eliminated completely in July of 2002, the Business Registration Division will have time to make the billing change in advance. Attachment A describes 3 scenarios for various businesses should the tax be reduced by 50% and when the tax is eliminated completely. Fiscal Impact: Based on the asswnption that the area tax will be reduced by 50% for FY 01-02, the cost to the General Fund is estimated to be $54,700. Based on the asswnption that the area tax will be eliminated for FY 02-03; and asswning the expenditure levels will remain the same, the additional cost to the General Fund is estimated to be $47,000. Recommendation: That said ordinance be laid over for final adoption. March 22,2001 One of the Mayor's long standing goals is the revitalization of the city of San Bernardino's downtown area and reducing taxes where applicable. In working to accomplish this goal, the Mayor has recognized the impact on downtown businesses that pay an additional tax known as Area Tax as well as a Parking District Assessment. At the request of the Mayor, the following report has been prepared which outlines the issues involved in providing some form of relief to these downtown businesses. DOWNTOWN AREA TAX In 1965, the City enacted Chapter 3.64 of the City Municipal Code, which established the Parking and Business Improvement Area (Area Tax) and provided the authority for the collection of this tax. The Area Tax is collected from all businesses in the downtown area between Second Street and Sixth Street and between the 215 Freeway and Arrowhead Avenue (see Map Attachment 1). Since the original Area Tax ordinance did not contain any sunset clause, the collection of this tax contiunues and will continue until the City amends or repeals the Municipal Code. The amount of Area Tax paid by a business is based upon a percentage of its business registration tax. If the business is classified as professional or manufacturing, it pays an Area Tax of 25% of the business registration tax. All other businesses in the Area Tax boundaries pay an Area Tax of 100% of the business registration tax. Currently, there are approximately 364 businesses paying the Area Tax with 188 of these businesses in the 100% category and 176 businesses in the 25% category. Revenues generated by the Area Tax are deposited into the City's Area Tax Fund. As part of the City's budget process, approximately 75% of the Area Tax revenues are transferred out of the Area Tax Fund into the Parking District Assessment Fund to lower the parking assessments to businesses. The remaining 25% of the revenues are used to pay for new holiday decorations for the downtown. The annual installation of these decorations and administrative costs are provided by the General Fund. Summarized below are the fiscal activities of the Area Tax Fund for FY99-00 and FYOO-Ol: FY 99-00 FY 00-01 Beginning Fund Balance 7/1 Revenues Total Available $ 32,100 141.307 $173,407 $ 16,200 131.000 $ 147,200 Expenditures Transfers Out Total Deductions $ 53,578 103.605 $157,183 $ 32,200 98.200 $ 130,400 Ending Fund Balance 6/30 $ 16,224 $ 16,800 Downtown Area Tax and Parking District Assessement Page 1 of3 1 PARKING DISTRICT ASSESSMENT The Central City Parking District was formed in 1977 to provide for the acquisition and improvement of three downtown City parking lots and to provide for the on going maintenance, operation and security of the three lots. The Parking District is defined as the area between Second Street and Fifth Street and "G" Street and Arrowhead Avenue (see Attached Map I). Bonds were sold in the amount of $1,950,000 with a 25 year repayment (final bond payment will be made in 2002). Annually since 1977, parcels within the Parking District have had an assessment included on their property tax bill to generate the revenue needed to repay the bonds and cover the costs of on going maintenance and security. In calculating each parcel's assessment, credits were given for on-site parking spaces as well as 75% of the area tax generated by each parcel. EDA was responsible for paying the assessments on EDA owned parcels. In 1979, it was determined that additional parking facilities were needed. Funds for the expansion of two parking lots were loaned to the District from the City's General Fund in the amount of $812,763, with a 28 year payback at 7% interest (final payment will be made in 2008). Parcels in the Parking District were assessed an additional $30,300 to be used along with revenues generated from parking space rentals and any interest earnings to repay the General Fund loan. In November 1996, the voters approved Proposition 218, which required that all existing assessment districts that do not fall into one of the various exemption categories be approved by a majority of the property owners. It was determined that the parcel assessment to cover the bond debt service payment was exempt from the requirements of Proposition 218 and, therefore, could continue. However, the assessments to cover the maintenance, security, and General Fund loan repayment were not exempt and, therefore, would need property owner approval for them to continue. During the FY 97-98 budget process, the City determined that property owners would probably not give approval to continue these assessments and, therefore, lowered the Parking District Assessments on parcels in the District. For FY 97-98, FY 98-99, and FY 99-00, EDA budgeted to pay the City for these costs. In FY 00-01, the City began to cover these costs. The chart below summarizes the fiscal activities of the Parking District Assessment Fund for FY 99-00 and FY 00-01: FY 99-00 FY 00-01 Beginning Fund Balance 7/1 $ 29,700 $ 28,400 Revenues 223,891 64,200 Transfer from General Fund 0 106,500 Transfer from Area Tax 103.605 98.200 Total Available $ 357,196 $297,300 Downtown Area Tax and Parking District Assessement Page 2 of 3 2 Expenditures Transfer to General Fund Total Deductions $ 262,194 66.600 $ 328,794 $214,200 66.600 $280,800 Ending Fund Balance 6/30 $ 28,402 $ 16,500 Of the $214,200 expenditures budgeted for FY 00-01, over $150,000 is for the bond debt service payment. For FY 01-02, the last bond debt service payment in the approximate amount of$170,000 will be budgeted and assessed to parcels in the Parking District. 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C\J V) ..... d ~H ~ Jm ~Imn~ Attachment A Proposed Area Tax Fee Reductions Impact on Businesses Classification Rate Attorney Current fee with 25% rate Year 1 with proposed rate of12.5% Year 2 Area Tax Rate 0% *Assumes gross receipts of$200,000 Fee $134.38* 67.19* o Restaurant Current fee with 100% rate Year 1 with proposed rate of 50% Year 2 Area Tax Rate 0% * Assumes gross receipts of $1 00, 000 $ 97.50* 48.75* o Retail Current fee with 100% rate Year 1 with proposed rate of 50% Year 2 Area Tax Rate 0% *Assumes gross receipts of $500,000 $ 423.75* 211.88* o rr.o - ,- "- - "- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~(Q)[PW \ ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.64.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AREA TAX RATES THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.64.020 of the San Bernardino Municipal Code is hereby amended in its entirety to now read as follows: 3.64.020 Rates. A. The additional rate imposed upon each such classification shall be as follows: 1. An additional annual tax of twelve and one-half percent (12 1/2%) upon those businesses conducted within the area classified as "professional" or "manufacturing and wholesale" for the period of July 1,2001 through June 30, 2002. 2. An additional tax of fifty percent (50%) shall be imposed upon any other business conducted within the area for the period of July I, 2001 through June 30, 2002. B. Effective July, 1,2002, the rates imposed in Section A.l. and A.2. of this section are hereby repealed and are no longer in force and effect and no such further rates will be assessed. III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I'""'" 27 '- r - c' ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.64.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AREA TAX RATES I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of ,2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing ordinance is hereby approved this day of 2001. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F, PENMAN, City Attorney 28 . '__<. ... - - " _ _ -- J!.XIU.D~t: A . ~. ....FOR OFFICE USE ONLY - NOY,A PUBLlCDOCUMENY*..c', '~~,. . .- ' -- {{~~?;._: ,-. ~: -- , _' ~<~~~~~.__' ~r~~~~~lt:.,_ _" ,:,_~~--~:-)::)~:,~,:~: '~.:.~~.~j\~~~~~,:~\~:.;:.~;;::~'i'~>'.- . . .'.,- CITY OF SAN BERNARDINO :C,'CITY CLERK'S OFFICE . '_-,\'~L..-';'-':L""!, . . - '",. RECORDS & INFORMATION MANAGEMENT PROGRAM AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: 1-9-0 I Item No. / Resolution/Ordinance No. /J1C-IP9 <; Ordinance Urgency: Yes c2 Effective Date: :fit -q -a I Termination/Sunset Date: /1~-, Vote: Ayes: ~ /, ~ ~ '/ 7 Nays: Abstai n; 'I Absent: Date Sent to Mayor: 7-ltJ_i"J' Date Returned from Mayor: 7-11-01 Date of Mayor's Signature: 7- 9,01 Date of Clerk's Signature: 7- ( 2..- 01 Date Summary Sent to Attorney: 7-10 - 0 ( Date Summary Returned from Attorney: ?-I/-o/ Date Published: ?-/~ -/pI , Meeting Type: O"""-..i ~. Date Seal Impressed: 7-/2--0 / Continued Frornrft & Item No. Date Sent for Signature: To Whom: Expiration Date: . I ----- V /"'Date Retu~ -; ..,,---- L--' ---- Cop;~D;..;b"",,T" vA oL~.i..!:~ir. ~~~ $~.11 Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Notes: ~P';//d~- ~ {/ Yes 7-/2 -0 / 1dt No Ready to File: Date: DOClJMfNT lOCAOON: FOItMSfA8lflda 111m T..... Fomt .cc Famt No. 111 .I.M Updued: 12.-G411996