SUBJECT:      APPROVAL OF BALLOT LANGUAGE RELATED TO THE PROPOSITION 218 ELECTION REQUIRED TO ALLOW THE BUENA VISTA NO. 1:  ANNEXATION OF APPROXIMATELY 38 GROSS ACRES GENERALLY BOUNDED BY WEST SAN CARLOS AVENUE, SCOTT STREET, CHIECHI AVENUE; AND MERIDIAN AVENUE AND PARCELS ON BOTH SIDES OF BUENA VISTA AVENUE

 

 

RECOMMENDATION

 

The Director of Planning, Building and Code Enforcement recommends that the City Council approve the proposed ballot language for the March 2002 General Municipal Election, related to the imposition of additional taxes and fees associated with the annexation to the City of San Jose of the unincorporated lands described as Buena Vista No. 1.

 

BACKGROUND

 

On December 19, 2000, the City Council conditionally approved the annexation of area referred to as Buena Vista No. 1 and the detachment of this area from the appropriate special districts including: Central Fire District, County Library Service Area, Sunol Sanitary District, Burbank Sanitary District, and County Lighting District.  Included in the approval was a condition that the recordation of the annexation resolution be deferred contingent upon a subsequent Proposition 218 election, to be held at the next general election (March, 2002), with eligible voters agreeing to accept new or increased property based taxes commensurate with those collected for parcels already within the incorporated City limits.

 

History of Subject Annexation

 

In 1999, the Buena Vista Neighborhood Association (BVNA), consisting of both city and county residents, requested (former) Vice Mayor Fiscalini's office for a City Council Initiated Annexation of this county pocket. Many residents within and adjacent to this neighborhood had longstanding concerns related to blight, crime, public services, and the quality of the infrastructure for this neighborhood. The neighborhood association felt that greater attention by the City and ability to utilize City services would be beneficial to improving the quality of life in this area (See original Staff Report, attached, for more detailed discussion).

 

As indicated above, the Council approved this annexation, contingent upon an election on the City’s taxes and property related fees. Inhabited annexations sites that do not have 100% consent or support, such as this, are potentially subject to elections prior to approval.  In this case, however, only one (1) protest, well below the required number of formal written protests from either property owners and or registered voters to trigger an election, was received.  Therefore an election on the subject of the annexation itself was not required in this instance.

 

Impact of Proposition 218

 

Proposition 218, approved by voters in 1996, was intended to ensure that all taxes on property owners be subject to voter approval. While the Attorney General has concluded that Proposition 218 does not apply to annexations, the Office of Legislative Counsel has reached the opposite conclusion, leaving no dispositive resolution of this issue.  The City had decided to follow a prudent course of action regarding the applicability of Proposition 218, and therefore had recommended at the time of the annexation the action that the subject annexation not be recorded unless the registered voters residing in the subject area were willing to accept the additional taxes and fees that typically and historically accompany annexed properties. 

 

ANALYSIS

 

Recordation of the conditionally approved Buena Vista No. 1 Annexation has been made contingent on a successful outcome of the subject ballot item. The resolution to submit this measure to the general municipal election in March, 2002 has been drafted and is ready for adoption by the Council. The ballot language includes a comprehensive list of all taxes and applicable fees that must be collectively approved by the voters.  The applicable fees and taxes are aggregated into one ballot measure because the annexation is conditioned upon approval of all of the charges in order to be consistent with the taxes and fees paid on all other parcels in the City.  Since some of these fees and taxes require a 2/3 vote, such as the recently passed taxes to secure the General Obligation Bonds for parks and libraries, this measure will require a 2/3 vote to pass.  The ballot language should read as noted below:

 

ANNEXATION – BUENA VISTA NEIGHBORHOOD

To allow annexation of Buena Vista

 

YES

 

Neighborhood from County of Santa Clara into City of

 

NO

 

San Jose, shall residential properties in that neighborhood be relieved of certain County fees/ taxes and become subject to existing and proposed City taxes/ fees:

Sanitary Sewer:  $227/year

Storm Sewer:  $40.68/year 

Utility Tax:  5% of bill

Library Assessment:  $25/year

Business Tax:  $150/year

Garbage Fees:  $14.95 - $59.80/month

Existing and Proposed General Obligation Bonds:  $59.38/$100,000 Assessed value

 

 

 

 

Fees and taxes associated with annexed properties are slightly higher than in unincorporated county pockets.  Specific information about such fees and taxes were provided to area residents and property owners in the form of an “Annexation Answer Book” prepared as part of a joint effort between the City and the County May, 1999.  The Annexation Answer Book contains a comparison of various City and County services, taxes and fee information related to the annexed properties.  A copy of the Annexation Answer Book is attached to this report.  It should be noted that the Library and Parks Bond Measures (Measures O & P) were approved by the voters after the Annexation Answer Book was produced.  Additionally, elsewhere on this Agenda is the proposal to submit a general obligation bond measure for public safety facilities for the voters’ approval at this same election.  Assuming a more conservative interest rate of 7% for both the parks and libraries general obligation bonds and the proposed public safety general obligation bonds, the tax impact would be $59.38 per $100,000 of assessed valuation.  While obviously these more recent measures are not a part of the Annexation Booklet prepared in 1999, an update of the annexation book is not expected at this time since the majority of the taxes and fees outlined in the book, with the exception of the General Obligations Bonds, have not changed since the initial preparation and publication of the Annexation Answer book.

 

Upon a successful election, the subject area will become eligible to receive a variety of city services as described in the Annexation Answer book.  Additionally, such services will likely include stepped up efforts regarding neighborhood improvements as a result if the City’s Strong Neighborhood Initiative (SNI).

 

COORDINATION

 

The Department of Planning Building and Code Enforcement has coordinated this item with the City Clerk’s Office, the City Attorney’s Office and the County Department of Planning and County Counsel’s Office.

 

 

JOSEPH HORWEDEL, ACTING DIRECTOR

Planning, Building and Code Enforcement