HomeMy WebLinkAboutAGENDA REPORT 1998 0121 CC REG ITEM 10H13 -5. r (A-)
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C Y OF MOORPARK, CALIF
City Council Meeting
CITY OF MOORPARK man a 2 L 199 1 ,
CITY COUNCIL AGENDA REPORT LjN: -17> ,'
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TO: The Honorable City Council BY: ,� ►�-,�f R�h��
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FROM: Donald P. Reynolds Jr., Administrative Services Manager
DATE: January 15, 1998
SUBJECT: Consider the Termination of the Assessment District Rebate
Program
On January 7, 1998, the attached report pertaining to the Assessment District
Rebate program was considered by the City Council's Budget and Finance
Committee (Mayor Hunter and Councilmember Wozniak). The Assessment
District Rebate program is defined in Section 2, Policy 2, of Resolution 97 -1417.
This program begins each year on January 1, and ends May 31. Between fiscal
year 1994/95 and fiscal year 1995/96, the program grew 48 percent from serving
53 residents to 83, and then last year stabilized at 81 residents at a direct
expense of $5,955.82, ($3,138.64 from the Park Assessment 85 -1 and $2,817.18
from the Street Lighting and Landscape Assessment 84 -2). The rebate amount
ranges from between $66 and $140 per household, for both Assessment Districts
84 -2 and 85 -1.
A special assessment district which provides favorable treatment for persons with
special needs is not allowed pursuant to Section 4 of Proposition 218,
"Procedures and Requirements for All Assessments ", provided in Attachment "B."
This is because when special treatment or an exemption from payment is
provided to one parcel, the burden of this cost is passed to the remaining parcels,
which equates to an unequal levy of taxes; "...No assessment shall be imposed
which exceeds the reasonable cost of the proportional special benefit conferred
on a parcel... ". The law clearly states that this type of program to either
assessment district is not appropriate.
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Recommendation
That the City Council terminate the Assessment District Rebate program, defined
in Section 2, Policy 2, of Resolution 97 -1417, to be effective in Fiscal Year
1997/98.
Attachment- A) Budget and Finance Committee Report, January 7, 1998
B) Section 4 of Proposition 218
C) Section 2, Policy 2 of Resolution 97 -1417
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EXHIBIT "A"
CITY OF MOORPARK
COMMITTEE REPORT
TO: The Budget and Finance Committee, (Mayor Hunter and Councilmember
Wozniak)
FROM: Donald P. Reynolds Jr., Administrative Services Manager
DATE: December 9, 1997
SUBJECT: Discuss the Status of the City's Assessment District Rebate Program,
Council Policy 2, Resolution 96 -1210
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Since 1989, the City has offered rebates for low income persons who owns homes in
the City and pay the City's special assessments. This Council policy became Section
2, Policy 2, of City Resolution 96 -1210. This policy, provided in the attachment, sets
forth the conditions that a rebate of a special assessment would be granted. This
report asks the Council to consider the cancellation of this policy consistent with the
requirements of Proposition 218. This would equate to an annual savings to the City of
approximately $6,000 per year.
Background
Each year since 1989, between January 1, and May 31, the City promotes its special
assessment rebate program which is applicable to both AD 84 -1 and AD 85 -2. In
simple terms, if a family earns less than 80 percent of the median income for a family of
similar size in the County of Ventura, and they have paid their taxes on time, they
qualify for a rebate. In 1996/97, the median income for a family of four was $61,100,
and the qualifying limit was $40,667.
In the past three years, the program has nearly doubled thanks to special outreach
provided at the Moorpark senior center. Between 1994/95 and 1996/97, the number of
persons served by this program grew 48 percent, and the amount rebated by the City
grew 46 percent from $3,900 to $5,900. The program requires several hours of staff
time serving mostly senior citizens and assisting them through the documentation
required by the policy, (proof of payment, income status, certifications, etc.). A
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conservative estimate of staff costs includes 60 hours per year from the Administrative
Services Division of the City, adding another $4,000 to $5,000 to the cost of the
rebates themselves. The clients served include 20% from Villa Campesina, and the
remaining 80% are generally seniors from other parts of the City.
Discussion
One key component of Proposition 218 is the elimination of special treatment.
Specifically, it eliminates low income exemption and deferrals because all properties
are equally assessed for the cost of providing the service and local authority to develop
low income exemptions and deferrals would be contrary to the provision of the initiative.
The portion of the rebate applicable to Assessment District 85 -1 (parks) and
Assessment District 84 -2, (street lighting and landscape) will not be applicable after
June 30, 1997, if the rebates continued to be paid from the assessment revenue funds.
If they are paid as a subsidy to the assessments from other sources, this may be
permissible, but would need confirmation from the City Attorney.
Because the program is scheduled to begin January 1, 1998, we need a Council
determination in the near future.
Recommendation
That the Budget and Finance Committee discuss this policy with a recommendation to
Council on January 21, 1998.
Council Policy 2 is Attached
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service shall not be deened charges or' - A- --- - -- __ _r
nrnnPr -v nwnarchin EXHIBIT "Bow
PROPOSITION 218
✓ SEC. 4. Procedures and Requirements for All Assessments.
(a) An agency which proposes to levy an assessment shall identify all
Parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed. The proportionate
special benefit derived by each identified parcel shall be
determined in relationship to the entirety of the capital cos-. of a
public improvement or the maintenance and operation expenses
•6f a public improvement or for the cost of the property related
Right to Vote on " ces Ac-
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service being provided. No assessment small be ir„pcseb c:- any
parcel which exceeds the reasonable ccs- of the pr�ac
special benefit conferred on that parcel. Only special benefrM are
assessable, and an agency must separate the general bene`•ts
from the special benefas conferred or, a parce:. rarceis W :-mi a
distric: that are owned or .used by any ace-;,y,
California or the United Stags steal; nct ce exe. -c; —
assessment unless the agency can demonst-2:= by c:ear ar.c
convincing evidence that such publicly owned oa -gels i;: a,
receive no special benefit.
(b) All assessments must be supported by a demilet engineer's recc,
preoared by a registered professional engineer certified sy the
State of California.
(c; The amount of the proposed assessment for e=cn identified parc,ei
S.-fall be calc:;lated and the record owner of e_ iar:21 S`cN be
given written notice by mail of the proposed assessment, the total
amount thereof chargeable to the entire distric;, 'the amount
chargeable to the owner's particular parcel, the dr;ra:ion of such
Payments, the reason for suc~ assessment and the basis uoon
which the amount of the proposed assessment was calculated,
tcce :ner wit. the date, time, and location of a pubiic hearirc on
t-ie prcoesed assessment. Each notice shall also include, ir, a
crs�i�_��s pi
� a%e thereon —
a s::.,...aary cf the proced;.;res
tc the ccmpie :ior., return and tabulation of the ballots
rec::ir =d pursuant to subdivision (d), inciudiny a discicsure
sta: =me-t that the existence of a naiority protest, as defined in
subdivision (e), wiil result in the assessment not being imposed.
(d) . Each such notice mailed to owners of identified parcels within the
dis:: ict shall contain, a ballot which includes the agency's address
for receipt of any such ballot once completed by any owner
receiving such notice whereby each such owner may indicate his
or her name, reasonable identification of the parcel or
opposition to the proposed assessment. M 4�`
EXHIBIT "C"
RESOLUTION NO. 97 -1417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK ADOPTING COUNCIL POLICIES
Whereas, it is advantageous for the City Council to have a
compilation of its policies; and
Whereas, the City Council has directed that its policies be
compiled and adopted as a resolution;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
DOES RESOLVE AS FOLLOWS:
Section 1. POLICY 1 - STREET NAMING
All street names shall be approved by the City Council subject to
the concurrence of the County Fire Department. The following
criteria shall be used: North /South streets shall be designated as
avenues or roads; East /West streets as streets or drives; and cul-
de -sacs as circles, courts or places.
Section 2. POLICY 2 - REBATE OF ASSESSMENTS FOR AD 84 -2 &
AD 85 -1
1. Owner occupant with rebate only on property
granted a homeowner's exemption.
2. Demonstrate that there is no tax delinquency on the
property and the assessment(s) for which the rebate is
requested have been paid.
3. Gross family income may not exceed two - thirds of
the then current County median income; the most
recent state and federal tax return must be presented to
verify family income and family size. Regardless of the
above, persons who feel that special hardship
circumstances exist and who meet other applicable
criteria may apply for a rebate. The City Council's
Budget and Finance Committee shall make a
determination on all such requests with a
confidential report to Council on all approved
requests.
4. Persons granted property tax assistance
under the Gonslaves- Deukmejian - Petris Property Tax
Assistance Law upon presentation of proof of such
assistance and meeting items 1 and 2, above, shall be
eligible for rebate.
5. A rebate may be requested between January 1 and May 31 of
any fiscal year for assessment due and payable
1
1. A'
during that same fiscal year consistent with the
above criteria. No rebate will be granted for delinquent
assessments paid during any subsequent fiscal year.
6. Staff will issue press releases concerning the
rebate process in January, April and July of each year.
The rebate procedure will also be contained in the
Engineer's Report for both Assessment Districts.
7. Rebates of City -wide assessments of both Assessment
Districts will be funded by the City's General Fund.
Rebates of special zone of benefit assessments will be
funded by the respective zone of benefit for that
District.
Section 3._ POLICY 3 - REPAYMENT DOCUMENTS FOR VILLA CAMPESINA
DEFERRED LOANS
The City Manager is authorized to execute all deferred loan
repayment documents for Villa Campesina Affordable Housing
Development (Tract 4147).
Section 4. POLICY 4 - MEETING AND CONFERENCE EXPENSE
On various occasions it will be necessary for City Officials -
elected, appointed and staff to attend meetings outside the City or
County on City business. Such occasions fall basically into three
categories:
1. Meetings /Seminars /Training Sessions which do
not require overnight accommodations;
2. Conferences /Training Sessions requiring
overnight accommodations, or which require an
expenditure exceeding $250.00;
3. Travel for regular /special meetings.
A. Meetings /Seminars /Training Sessions (One day and return)
1. The cost of registration, meals, parking and mileage are
allowable City expenses. Attendance at City expense
shall be subject to the advance approval of the City
Manager.
2. An individual proposing to attend at City expense shall
file a rough -draft copy of the Claim for Reimbursement of
Travel Expenses with the City Manager at least 24 hours
prior to the date of attendance.
3. The City Manager shall not approve such attendance unless
funds have been appropriated and are available for the
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