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Landscaping and Lighting Act of 1972
This is the legislation that allows local governmental agencies (cities, counties and special districts) to form an assessment district for the purpose of providing needed funds for the cost and expenses of constructing, maintaining, improving and servicing parks and recreation improvements including landscaping, lighting and other appurtenant facilities located within the public areas of the district. Assessments levied by the Assessment District may be used to pay costs to construct, maintain, repair and replace capital facilities, costs to maintain district facilities including the costs of labor, material, supplies, security and equipment, and the costs of servicing such facilities including the costs of water and sewer service, electricity, and other utility costs. Use of assessment revenue to pay such costs benefits the properties being assessed by improving the aesthetic, economic and environmental qualities of district facilities.
Assessment District Formation
The Arden Park Landscaping and Lighting District (hereinafter “Assessment District”) was formed on July 24, 1991. The assessment was initially levied for two purposes: 1) To fund capital improvement projects through a 15-year annual installment levy to pay the principal and interest on bonded indebtedness issued by the District to finance park and recreational park improvements; and 2) To pay continuing annual costs of the maintenance, repair and improvement of District facilities to continue for as long as the Board of Directors determines necessary to fund these continuing services. The final adopted Resolution (in 1992), and published in the Sacramento Bee, stated “Annually the amount of work to be performed by the District shall be determined and an assessment levied in order to provide funds necessary to pay the cost of said work.” The initial annual individual parcel assessment of $91.73 has not changed.
Can the Assessment Be Increased Without a Vote?
Proposition 218, called “The Right to Vote on Taxes Act” was formed in part to counteract concerns surrounding assessments. Under Prop 218, if the District wishes to increase the existing assessment, the District must now give written notice to all affected property owners, hold public hearing and an assessment ballot vote. The assessment may not be increased if a “majority protest” exists. A “majority protest” exists if ballots submitted by property owners in opposition to the assessment increase exceed ballots submitted in favor of the assessment increase, with the vote of each property owner weighted according to the proportional financial obligation of the assessment on each affected property. If assessment ballots submitted in favor of the assessment increase exceed the ballots submitted in opposition to the increase, then the increase is permissible. If a majority vote is not received, the increase cannot be applied.
How Long Will the Charge Continue?
Assessments that pay for ongoing services (labor, equipment and supply costs for maintenance, repair and improvement of district facilities) may continue as long as those services are provided, unless the Arden Park Recreation and Park District Board of Directors decides, after public hearing, not to levy an assessment in a particular fiscal year.
What Necessitated the Need for the Assessment District?
Since 1978 two changes in State law have significantly affected Arden Park Recreation and Park District’s ability to serve its constituents. The first was the passage of Proposition 13 (Jarvis-Gann Initiative) in 1978 that changed the authority over the allocation of property tax from cities, counties and districts to the State. The result was a dramatic decrease in property tax revenue for the District. The second change was in 1991 with the implementation of the Educational Revenue Augmentation Fund (ERAF). Beginning in 1992 and every year since then, approximately 31% of the District’s property tax revenue has been shifted by the State to fund education.
The reduced revenue caused a decline in the maintenance of District-owned facilities. The District simply didn’t have the funds to maintain and repair the existing parks and recreation facilities. With that in mind, the Arden Park Recreation and Park District Board of Directors in 1991/92 decided the solution was to initiate an Assessment District and assess $91.73 to individual parcel owners to replace the missing funds, and the majority of the Arden Park residents supported the formation of the Assessment District and the assessment.
Why is Levying the Assessment Each Year Important?
The short answer is – For our children and our quality of life.
A more detailed explanation is because:
We need to keep our parks and recreation facilities well maintained and safe.
- We need recreation programs because recreation offers positive learning experiences and provides an alternative to delinquent or antisocial behavior.
- We need to preserve our open space.
- Parks and facilities add to local property values and enjoyment.
- We believe the majority of residents care about the future of Arden Park Recreation and Park District parks, facilities and services.
The mission of Arden Park Recreation and Park District is to provide its residents with high quality parks, recreation facilities, and recreation programs. The District believes strongly that attractive, well-maintained and safe parks and facilities contribute to the sense of community spirit and neighborhood pride. Arden Park is a great community. An investment in parks and recreation facilities is an investment in the community.
Again, these essential assessment moneys are directly used to maintain and improve existing parks and recreation facilities, including but not limited to turf and play area, landscaping, ground cover, shrubs, trees, irrigation systems, drainage systems, lighting, fencing, ball fields, tennis courts, playgrounds, picnic areas, swimming pool, community center, tree preservation, security, basketball courts, graffiti removal, painting, and labor, material, supplies, utilities and equipment.
Without Funding!
If this revenue stream ends the District will be forced to make critical decisions about the level of park maintenance, security and recreation services it provides. It undoubtedly would create staff cuts and further delay all improvement (renovations and repair) projects, which include the swimming pool, tennis courts, basketball courts, and the Community Center, just to name a few. Significant uncertainty about many of the facilities and playgrounds remaining safe and open would exist.
Arden Park Recreation and Park District is managed by professionals and overseen by an elected Board of Directors made up of your neighbors. They are committed to providing the highest level of services and managing your District investment.
Something of Value for Everyone
A little over $7 a month is a small price to pay to protect your investments and your support is appreciated by many, especially youth, who participate in programs, individuals, families and friends that gather in the parks or at the community center, children playing on the playground equipment, those who attend special events, be it a concert in the park, children’s egg hunt, parade or a swim meet, and others walking, jogging, or exercising within the beauty or solitude of the parks. These are just a few many reasons to support paying the assessment and keeping ArdenPark a desirable place to spend your leisure, recreate, and live.
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