Status of Public Parking in Soquel Village
Since then, SVPBIA Assessment Fees, which have been paid by the businesses in Soquel Village, have been used to operate and maintain the parking lots. That includes sweeping, landscape maintenance, water, lighting, parking enforcement, and periodic seal-coating and re-striping.
Proposition 26 passed in November 2010. This Proposition redefined many fees as taxes, and required 2/3 voter approval for any new tax, tax increase or tax extension. After consultation with legal counsel, it appears that the SVPBIA assessment fees as currently structured could be considered a tax.
No SVPBIA Assessment Fees will be collected for Fiscal Year 2011-2012. There are sufficient fund balances to provide a minimal level of maintenance for one year.
Going forward, a new mechanism must be developed to keep the parking lots available for future use. The mechanism should identify the funding source and who will be responsible for overseeing the operation and maintenance of the parking lots.
Further information and resources:
What is a Maintenance District?
What is an Assessment District?
What is a Vehicle Parking District
Crafting a Maintenance Assessment District (MAD)
Crafting a New Benefit Assessment
Crafting a New Benefit Assessment - Calif. State Parks Planning Div.
Improvement Act of 1911
- Streets and Highways Code Section 5180-5182
- Streets and Highways Code Section 5194-5198
- Streets and Highways Code Section 5221.5-5227
Municipal Improvement Act of 1913
- Streets and Highways Code Section 10120-10125
- Streets and Highways Code Section 10200-10210
- Streets and Highways Code Section 10300-10312
Parking & Business Improvement Area Law of 1965
Property & Business Improvement District Law of 1994
Proposition-26-An-Executive-Summary-for-The-Layperson
League of California Cities Proposition 26 Implementation Guide April 2011
A Planner's Guide to Financing Public Improvements - Special Assessments (Chapter 3)