HomeMy WebLinkAboutAGENDA REPORT 1997 0716 CC REG ITEM 08BCrry OF MOORPARK, CALIFORNIA
City Council Meeting
-2111. _199 -L
ITEM?* S.
I
1 A CTION' — ORDINANCE NO.
Y' E THE PEOPLE OF THE CITY OF MOORPARR,
3 CALIFORNIA, ADOPTING ,A SPECIAL TAB FOR PARRS MAINTENANCE
4
5 WHEREAS, the City has historically relied upon special
assessment revenues to fund the maintenance of the City's parks;
!
and
7
e WHEREAS, Proposition 218 was adopted as an initiative measure
at the general election that was held on November 5, 1996; and
11 WHEREAS, Proposition 218, in pertinent part, limits the
11 imposition of most special assessments, and requires that special
12 taxes be approved by a two - thirds vote of the people; and
13 WHEREAS, this ordinance provides for the enactment of a
14 special property tax that will replace the parks maintenance
15 special assessment with a certain and stable source of revenues to
11 fund the maintenance of the City's parks for a period of ten years;
17 and
11 WHEREAS, pursuant to Government Code sections 37100.5 and
11 50075 and the California Supreme Court decision in Heckendorn v.
20 City of San Marino (1986) 42 Cal.3d 481, the City may propose for
21 adoption by the voters a special tax on parcels of property for
22 park maintenance purposes, provided that the tax rate is not
23 applied to the assessed value of the property;
24 NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY
25 ORDAIN AS FOLLOWS:
26 SECTION 1. Addition of Chapter 3,30. The Moorpark Municipal
•
27 Code is hereby amended by adding Chapter 3.30, entitled "PARKS
28 MAINTENANCE SPECIAL TAX ", to read as follows:
000036
LAX2:184908.1
i
"Chanter 3.30
2
PARKS MAINTENANCE SPECIAL TAX
3
sections:
4
3.30.010 Definitions.
5
3.30.020 Establishment of the special tax.
1
3.30.030 Purpose of the special tax.
7
3.30.040 Establishment of a special fund.
1
3.30.050 Collection of the special tax.
1
3.30.060 Exempt p property.
11
3.30.070 Expiration of the special tax.
ii
3.30.080 Amendment of this chapter.
12
113.30.010 Definitions_
13
As used in this chapter, the following words and phrases
14
shall have the following meanings:
15
"City" shall mean the City of Moorpark.
11
"City council" shall mean the City Council of the City of
17
Moorpark.
11
"County" shall mean the County of Ventura.
1!
"Land use classification" shall mean the use code that is
21
applied to a parcel of property by the county assessor as of
21
July 1 of the fiscal year in which the special tax is imposed.
22
"Parcel of property" shall mean a unit of real property
23
as shown in the records of the county assessor as of July 1 of
N
the fiscal year in which the special tax is imposed.
15
"Parks" shall mean real property that is owned or leased
26
by the city and that is designated by the city for outdoor
21
recreation, including ancillary uses, regardless of when such
21
designation is made. Parks shall also mean the Community
LM2:184908.1 2 ( ( T 37
2
3
4
5
!
7
1
11
11
12
13
14
15
1!
17
it
1!
21
21
22
23
24
25
21
27
21
Center, the Senior Center, and the Arroyo Vista Recreation
Center.
"Parks maintenance" shall mean the furnishing of services
and materials, directly by or under contract to, the city for
the ordinary and usual maintenance of the city's parks,
including the repair, removal or replacement of park
improvements. Park maintenance shall also mean the furnishing
of water, electricity and other utilities to the parks.
"3._30,020 Imposition of the special tax
A. Annually, commencing with fiscal year 1998 -1999 and
ending with fiscal year 2008 -2009, a special tax shall be
imposed on each parcel of property within the city that is
classified as set forth in subsection B at the maximum rate
specified in subsection B.
B. The classifications and maximum rates shall be as
follows:
LAX2:184908.1 3
Maximum Rate
Land Use Classifications
$68.50
Single Family Residence
$51.38
Mobile Home and Trailer Parks;
Residential Income (2 - 4 Units);
Condominium; Apartments (5+ Units) - PER
UNIT
$99.76
Business: Petroleum and Gas; Auto
Sales /Repair
LAX2:184908.1 3
2
3
4
5
1
7
1
11
11
12
13
14
15
11
17
11
1!
21
21
22
23
24
25
21
21
21
LAX2:184908.1
C. For any fiscal year that the special tax is in
effect, the city council may, by resolution, levy the special
tax at rates that are less than the maximum rates specified in
subsection B, provided that all of the rates are adjusted
proportionately, so that the relationship between the rates
for the various classifications remains constant. A reduction
in the rates for one fiscal year shall not prevent the city
council from levying the special tax at the maximum rates
specified in subsection B for any one or more of the
succeeding years. In no event may the city council levy the
a (,►gpp39
Xaximum Rate
Land Use Classifications
$199.51
Agricultural and Business: Poultry;
Flowers /Seed Production; Orchards; Truck
Crops; Pasture of Graze (Dry); Field
Crops (Dry); Feed Lots; Tree Farms;
Theater; Pasture (Permanent)
$299.27
Retail Stores (Single Story); Store and
Office (Combination); Banks /Savings and
Loans; Industrial Condos /Co- Ops /PUDs;
Office Building (Single Story); Mineral
Processing; Service Stations;
Restaurants /Cocktail Lounges
$399.04
Warehousing
$598.55
Retail Stores (Multi- Story); Office
Stores (Multi- Story)
$997.57
Shopping Centers (Neighborhood)
$1,197.10
1$2,222-21
Light Manufacturing
Rh
C. For any fiscal year that the special tax is in
effect, the city council may, by resolution, levy the special
tax at rates that are less than the maximum rates specified in
subsection B, provided that all of the rates are adjusted
proportionately, so that the relationship between the rates
for the various classifications remains constant. A reduction
in the rates for one fiscal year shall not prevent the city
council from levying the special tax at the maximum rates
specified in subsection B for any one or more of the
succeeding years. In no event may the city council levy the
a (,►gpp39
I
special tax at rates that exceed the maximum rates specified
2
in subsection B.
3
D. The special tax imposed by this section shall be a
4
flat dollar amount on the parcel and shall not be measured by
5
the value of the property.
1
"3.30.030 Purpose of the special tax
1
The purpose of the special tax is to provide revenues to
1
the city to pay for:
1
1. the costs associated with parks maintenance; and
it
2. the costs of collecting, administering and enforcing
11
the special tax, including refunds.
12
113.30.040 Establin m nt of a special fund
13
A. A special fund, entitled the "Park Maintenance
14
Special Tax Fund ", is hereby established. All of the revenues
15
collected pursuant to this chapter shall be deposited into the
ii
special fund and that money and any interest that accrues
11
thereon shall be used exclusively for the purposes specified
11
in this chapter and for no other purpose whatsoever. Any
11
money in the special fund, including accrued interest, that
21
remains unencumbered at the end of any fiscal year shall be
21
used in succeeding fiscal years only for the purposes
n
specified in this chapter.
23
B. Nothing in subsection A shall prevent disbursements
24
from the special fund to reimburse the general fund if, and
25
only if, money has been advanced from the general fund to pay
ti
for the purposes provided for in this chapter.
21
•
21
LAX2:184908.1 5 QQ 040
1
113.30.050 Collection of the special tax
t
A. The city council shall provide for the collection of
3
the special tax imposed pursuant to this chapter in the same
4
manner, on the same dates, and subject to the same penalties
5
as, or with, other charges and taxes fixed and collected by
1
the city or by the county on behalf of the city.
7
B. The special tax, together with all penalties thereon,
1
shall constitute a lien upon the parcel of property against
1
which it is levied until it has been paid in full, and the
t1
tax, together with all penalties thereon, shall constitute a
11
personal obligation to the city until paid in full by the
12
persons owning, claiming, possessing or controlling the
13
parcel.
14
113.30.060 Exempt property,
15
The special tax imposed by this chapter shall not be
11
levied on any parcel of property that is owned by any federal,
17
state or local governmental entity or on any other parcel of
11
property if such levy would otherwise be in violation of the
11
Constitution of the United States or the Constitution of the
21
State of California.
21
113.30.070 Expiration Of the special tax -
22
The special tax imposed by this chapter shall expire as
23
of July 1, 2009 and this chapter shall be inoperative and
24
shall have no effect on and after that date, unless imposition
25
of the special tax beyond the 2008 -2009 fiscal year is sooner
tl
extended. Imposition of the special tax may only be extended
21
with the approval of the electorate by a two - thirds vote,
tl
unless the applicable law at the time of the election
LAX2:184908.1
6
QW041
2
3
4
5
!
7
1
11
it
12
13
14
15
11
17
u
1!
21
21
22
23
24
25
2!
21
21
authorizes a lesser number of votes or does not require a
vote.
113.30.080 Amendment of the chapter.
The procedural provisions of this chapter may be amended,
from time to time, by an ordinance duly enacted by a majority
vote of the members of the city council, provided that the
amendment is consistent with the intent of the ordinance by
which this chapter was originally enacted."
SECTION 2. Effective Date. This ordinance shall be adopted
if approved as an initiative measure by two - thirds (2/3) of the
electorate voting at an election to be held on November 4, 1997.
This ordinance shall be effective 10 days following the date upon
which the City Council declares by resolution the vote of the
general election held on November 4, 1997.
SECTION 3. Section Headings. All section headings contained
in this ordinance are for convenience of reference only and are not
intended to define or limit the scope of any provision hereof.
SECTION 4. Severability. If any section, subsection,
sentence, clause, phrase, part or portion of this ordinance is for
any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections,
subsections, sentences, clauses, phrases, parts and portions
thereof. The people hereby declare that they would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase, part and portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases,
parts or portions be declared invalid or unconstitutional.
LAX2:184908.1 7
1
3
4
S
1
1
1
it
11
12
13
14
15
11
1)
11
if
21
21
22
13
24
16
21
1]
21
ADOPTED BY THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION
HELD ON NOVEMBER 4, 1997.
LAX2:189908.1 8 ~463