Oxnard's Riverpark tax measures return to council with a twist

Oxnard is trying a new strategy in the city's latest clash with resident Aaron Starr.

In the wake of three ballot initiatives led by Starr that could alter or eliminate special taxes collected in Oxnard's Riverpark neighborhood, the city's lawyers are proposing a rule change.

On Tuesday night, the City Council will consider an ordinance from City Attorney Stephen Fischer's office that would prohibit Oxnard from subsidizing services previously funded by special tax districts.

In addition, the council will vote — again — on whether to send a set of competing measures concerning Riverpark's tax to the November ballot. The panel voted on June 18 to send the three Starr-backed initiatives to the ballot as well as a city-written measure that would keep the special tax in place.

The vote on readopting the ballot measures, which is not standard practice, is on the consent agenda, so it is not expected to be deliberated for a second time by the council. Instead, putting the items on the agenda again is intended to ward off a potential legal challenge over the timing of the city-backed measure, said Ken Rozell, chief assistant city attorney.

Oxnard's competing measure was added to the prior council agenda around 4:45 p.m. Friday, a few days before the meeting. During the June 18 meeting, Starr threatened legal action over an alleged violation of the city's sunshine ordinance, Rozell said, which requires council agendas to be available 12 days in advance of meetings.

There are exceptions to the sunshine ordinance, Rozell said. He said the city's position is that the four days' notice for the city-backed measure, which received robust discussion at the June 18 meeting, was sufficient.

Nevertheless, the city wants to be sure it was done right, he said. What's more, he added, the three Starr-backed measures are reappearing on Tuesday's agenda to allow public comment under open-meeting rules in the spirit of full transparency.

The matter concerns what's known as Community Facilities District No. 5, or CFD No. 5. Residents in the special tax district pay an additional tax through their property tax bills to fund enhanced amenities including nicer parks and landscaping, extra police protection, youth sports facilities, school grounds upkeep and storm and flood protection.

The amount paid is based on the size and type of residence. In the fiscal year that ended Sunday, the tax ran between $1,052 and $2,192 for single-family residences. The amount currently collected is roughly half the rate allowed on paper.

The three Starr-backed measures would modify or eliminate the tax. Starr said the measures are written so one or two could take effect if they're not all approved by voters on Nov. 5.

What's new Tuesday is a proposed city ordinance that would prohibit Oxnard from "subsidizing services previously funded" by one of the special taxes, whether through a community facilities district, landscape maintenance district or waterways assessment district.

The staff report notes many of the city's newer developments have "substantially greater" amenities than older neighborhoods because of the special taxes.

Rozell said the ordinance basically tells the city as a whole that if residents in a special district don't want to pay for their enhanced services, those living elsewhere in the city won't be asked to cover those costs.

"Why does Riverpark have these beautiful parks?" Rozell said. "Answer: Because they pay for it."

Oxnard also has community facilities districts in the Westport, Seabridge, Wagon Wheel and future Mandalay Bay North Shore neighborhoods as well as the Sakioka Farms Business Park development. The city also has a waterways assessment district and numerous landscape maintenance districts.

Starr said Friday he hadn't yet studied the proposed ordinance, but wondered whether a city council could bind a future council when it comes to a budget question.

"It's interesting from a strategic standpoint," he said of the city's move, saying it's clear the proposal is "meant to be an intimidating factor."

In other business, the council will consider capping the number of tobacco retailers at 100. The city currently has 154, according to a staff report.

The Oxnard City Council meets at 6 p.m. Tuesday in council chambers, 305 W. Third St.

Gretchen Wenner is the breaking news and city editor at the Star. She can be reached at gretchen.wenner@vcstar.com.

This article originally appeared on Ventura County Star: Oxnard's Riverpark tax measures return to council with a twist