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HomeMy WebLinkAboutAGENDA REPORT 1997 0611 CC SPC ITEM 05CTO: FROM: SUBJECT DATE: CITY OF MOORPARK AGENDA REPOR HONORABLE: CITY CO( iNCII_ RICHARD HARE, DEPT, Ll CITY MANA 4(1-- CITY OF MOORPAR& CALIFORNIA City Co it Meetir of / 1:39 CONSIDER CALLING AN ELECTION ON NOVEMBER 4, 1997 TO REPLACE REVENUES WHICH MAY BE LOST WITH THE IMPLEMENTATION OF PROPOSITION 218 JUNE 9, 1997 (6/11/97 Special Citv Council Meeting) The implementing legislation for Proposition 218 should take effect during fiscal year 1997/1998 and will govern the Lighting & Landscaping Assessment District 84 -1 and Parks Maintenance Assessment District 85 -1 process for fiscal year 1998/1999 Communities across California are scrambling, some prematurely, to pass funding authority for their current assessment districts or to pass replacement tax authority Moorpark relies on two assessment districts for maintenance purposes. Assessment District 84 -2 provides funding for the operation and maintenance of street lights and the landscaping for streets and street rights-of-way. Approximately $209,000 is for lighting, $144,000 for citywide parkway landscaping and $366,000 for specific zones of benefit. This is a total of $719,000. The Parks Maintenance Assessment District 85 -1 is approximately $607,000. Both assessment districts amount to over $1,300,000 It is possible that the enacting legislation will recognize that all or part of the assessment district for landscaping and lighting (AD 84 -2) is exempt from the requirements of Proposition 218, however, the Parks Maintenance Assessment District (85 -1) clearly falls under Proposition 218 requirements for fiscal year 1997/1998. The options available to continue the funding levels for these services are very limited: Maintain the current assessment without changes in rates or methodology. This would mean that all new or increased costs would be passed to the general fund. In this city's case, the assessment district operational costs are already understated because we do not charge indirect costs (management, office space, etc.) To the assessment districts. Also, there is a question which will be answered hopefully by the enacting legislation of how do you keep a current assessment the same and still comply with the other requirements of Proposition 218 such as charging pubic property an assessment and only charging for direct benefit as opposed to general benefit. 2. Follow the ballot procedure of Proposition 218 to gain approval of the assessment. It is not star's intention to be pessimistic. It is realized that many of Moorpark's residents and businesses appreciate the beauty of the community's landscaping and parks and that they recognize the need for lighting for personal and traffic safety. The balloting procedure adopted by Proposition 218 is heavily biased and would ultimately balloting result in the elimination of effected assessment districts 3 Eliminate the assessment districts and replace them with another revenue source. The City has been very conservative with regard to the implementation of new assessments and new taxes. We are the only City in the county without a business license tax or a Clean Water Act (NPDES) assessment. We do not have a utility t.zsers tax, entertainment tax, parcel tax or special tax of any kind New Revenue Sources It is staffs opinion that the assessment districts will not be a viable alternative for funding the parks maintenance services currently provided and may even be an issue for lighting and landscaping. It is felt that alternative revenues must be sought for at least parks maintenance. The City Council could have an election to vote on a new general or special tax. A general tax must be for general purposes and requires a majority vote. A special tax would be earmarked for a special purpose and requires a two- thirds vote Business License Tag: As it sounds, this tax is placed on the gross receipts of businesses. There is an increased administrative cost to implement this program. It would require analysis to determine how revenue would be needed from this source to offset the loss of the assessment districts and the cost of administration. There are approximately 2,000 businesses in the City. We do not have any information on the total gross receipts of the area businesses to determine an appropriate rate. On average a business would have to provide $650 per year ($54 per month) to raise $1,300,000 Parcel Tax: A parcel tax is easily administered through the County Assessor's Office, therefore costs would be minimal. A parcel tax of $150 per parcel per year ($12.50 per month) would generate approximately $1,300,000. In this case the burden would be shifted to small property owners. Ad Valorem Tax: A ad valorem tax would be based on the value of the property and would therefore shift the burden from the low value properties to the higher value properties (commercial/industrial). To raise $1,300,000 in revenue the ad valorem tax would have to be set at .0007. This would be slightly less than the City's current allocation (7.8 cents) of the I% property tax rate. A home valued at $250,000 would pay $210 per year ($17.50 per month). A business property would pay $700 per year per million dollars of value ($58 per month). Calling an Election In order to call an election on a general tax or special tax in November, 1997, the Council would have to pass four resolutions no later than July 2, 1997 so that the can be forwarded to the county. Alternative election dates are June, 1998 primary and November, 1998 general election or special election dates, per the election code. If an election is consolidated with other elections the cost would be $5,000 and on a special basis $25,000 Drafts of the required resolutions are attached for your information. This information is provided now to facilitate Council discussion. The staff requests that the Council direct staff to bring back any additional information required and to defer any action to June 18 or July 2, Recommendation Direct staff as deemed appropriate 970609.056 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1997 FOR THE SUBMISSION OF A QUESTION OR MEASURE TO THE QUALIFIED ELECTORS OF THE CITY, TO APPROVE [ A GENERAL OR SPECIAL TAX TO BE DETERMINED ]; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ON SAID DATE, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. WHEREAS, pursuant to Section 4017 of the Elections Code, the City Council of the City of Moorpark may submit to the voters, without a petition therefor, the enactment of an ordinance to be voted upon at a Special Municipal Election to be held November 4, 1997, and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, there is called and ordered held in the City of Moorpark, California, on Tuesday, November 4, 1997, a Special Municipal Election for the purpose of submitting to the qualified electors of the City the following question or measure: MEASURE Shall an initiative ordinance entitled: YES "Adoption of [a general or special tax to be determined] " be adopted? M A mark placed in the voting square, rectangle or other specified voting space after the word "yes" in the manner provided shall be counted in favor of the adopting of the question. A mark placed in the voting square, rectangle or other specified voting space after the word "no" in the manner provided shall be counted against the adoption of the question. SECTION 2. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form, and manner required by law. SECTION 3. That the ballots to be used at the election shall be, in form and content, such as may be required by law to be used in the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. (7:00 a.m.) of the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day, when the polls shall be closed, except as provided by law for holding municipal elections in the City. SECTION 5. That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to the consolidation of said Municipal Election with the Statewide General Election on Tuesday, November 4, 1997. SECTION 6. That said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. SECTION 8. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk of the County of Ventura. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED THIS day of June, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF VENTURA COUNTY PERMIT THE COUNTY CLERK TO RENDER SERVICES TO THE CITY OF MOORPARK FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1997, AND TO CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION. WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California on November 4, 1997 for the purpose of submitting a question or measure to the qualified electors of the City approving adopting Chapter 17.60 of the Moorpark Municipal Code relative to a comprehensive program for General Plan Amendments; and WHEREAS, pursuant to Section 22003 of the Elections Code, the City of Moorpark wishes to have the County Clerk of Ventura County render specified services to the City relating to the conduct of the election; and WHEREAS, the City of Moorpark authorizes the Board of Supervisors of Ventura County to direct the County Clerk to canvass the election returns of the Special Municipal Election to be held in the City of Moorpark on November 4, 1997. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the Elections Code, the Board of Supervisors is requested to permit the County Clerk to render services with respect the conduct of the Special Municipal Election, as shown on Exhibit A, attached hereto and made a part hereof; and that any and all other such services be rendered as may be necessary to complete the election. SECTION 2. That the County Clerk of said County is hereby authorized to canvass the returns of said Special Municipal Election. SECTION 3. That the City of Moorpark recognizes that additional costs will be incurred by the County by reason of these services being rendered, and agrees to reimburse the County for any such costs. SECTION 4. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Ventura. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions of said City. PASSED AND ADOPTED this day of June, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A QUESTION OR MEASURE TO THE QUALIFIED ELECTORS OF THE CITY, TO APPROVE TO BE SUBMITTED TO THE VOTERS OF THE CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 1997. WHEREAS, a Special Municipal election is to be held in the City of Moorpark, California on November 4, 1997, at which there will be submitted to the electors of the City the following question or measure: MEASURE Shall [ ]" be adopted? YES NO WHEREAS, Section 5013 of the Elections Code of the State of California provides that the legislative body, or any member or members of the legislative body authorized by that body may file a written argument for or against any city measure, which argument shall not exceed 300 words in length. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That this City Council, being the legislative body of the City of Moorpark, authorizes: Patrick Hunter, Mayor Bernardo Perez, Mayor Pro Tempore John Wozniak, Councilmember Debbie Rodgers Teasley, Councilmember Chris Evans, Councilmember members of that body, to file a written argument for the measure set forth in the recitals hereof, in accordance with Section 5013 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions of said City. PASSED AND ADOPTED THIS day of June, 1997. Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. WHEREAS, Section 5014.5 of the Elections Code of the State of California authorizes the City Council, by a majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 5014.5 of the Elections Code of the State of California, if any person submits an argument against a city measure and an argument has been filed in favor of the city measure the City Clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The City Clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal argument to the argument in favor of the city measure not exceeding 250 works. The rebuttal arguments shall be filed with the City Clerk not more than 7 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument: shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That the provisions of Section 1 shall apply only to the election to be held on November 4, 1997, and shall then be repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions of said City. PASSED AND ADOPTED this Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk day of June, 1997.