Saratoga News

Saratogans complain of confusion over Prop. 218

Proposition restricts levy of assessments

By Sarah Lombardo

Proposition 218, the "Right to Vote on Taxes" initiative passed by California voters in November, is making Saratoga life more confusing these days. The proposition, which puts restrictions on local governments' ability to levy taxes and property-related assessments, was the center of a discussion between councilmembers, residents and staff last week when residents questioned the wording of notifications they've received as residents of landscape and lighting districts.

Sebastian Trusso, a Williamsburg Lane resident, said he wanted to know why the ballot to approve the assessment in his district states a yes vote would also approve assessment increases for future years, and why it seemed so high.

"Is it the council's intention that the citizens approve not only '97-'98, but also '98-'99 and on?" Trusso asked.

The preliminary assessment for Trusso's district was a jump from last year's $18 to a little more than $26. After that, the maximum assessment was $50.

Interim City Manager Larry Perlin said it was a case of the city trying to simplify the process. He said staff had tried to predict, based on past assessments, what the maximum assessment in each district could be and get it approved so that new ballots, with information required by Proposition 218, would not need to be sent to residents each year if the assessment increase was merely a small amount to compensate for an increase in the cost of maintaining the districts.

"Understand that the requirements under Proposition 218 are very, very cumbersome and create an awful lot of additional paperwork and unnecessary cost for the property owners in the zone. So when we were putting the ballots together for this year, we thought we might be able to avoid sending out new ballots year after year if the cost is only going up a few dollars," Perlin said.

That, Perlin said, was the reason the maximum assessment of $50 was listed, but it would in all likelihood stay well below that amount.

"It was an attempt to put these zones back the way they were before Proposition 218, and yet still comply with Proposition 218."

Perlin also said he wanted to make sure that Trusso and the council knew that the notices sent to residents contained only preliminary increase amounts. The $26 listed with Trusso's ballot for 1997-98, he said, would also likely be lower.

But Trusso said he didn't like the fact that residents were authorizing such an increase, even if it was not expected to be so high.

City Attorney Michael Riback pointed out that residents will still receive notices of increases, even those below the maximum listed, and could still protest any future increases.

"All procedures relating to noticing (residents) will be accomplished," Riback said. "And all rights to protest will still be available to residents."

"It was an attempt to ease the burden and the administrative costs (of the balloting process)," Perlin said. Those costs, he said, are passed on to residents through the assessments.

Ken Wilton, a member of the Fredericksburg Homeowner's Association landscape committee, said he was satisfied with the arrangement after having it explained by Perlin.

"We're supportive of it," he said.

For more information about the assessment for your district, residents can call Perlin's office directly at 408/868-1219.

The next public hearing on the landscape and lighting district assessments is June 4 in the Civic Theater at 13777 Fruitvale Avenue. Residents will then have a chance to protest final assessment amounts.

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