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Santa Clara County, CA March 5, 2002 Election
Measure P
Annexation
Proposed San Jose Annexation Area for the Buena Vista Neighborhood

2/3 vote required

40 / 64.5% Yes votes ...... 22 / 35.5% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments |

To allow annexation of Buena Vista Neighborhood from County of Santa Clara into City of 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: $63.50/$100,000 Assessed value (estimate)?

Impartial Analysis from the City Attorney
A "yes" vote on this measure would allow Buena Vista Neighborhood to be annexed into City of San Jose and thereby: (1) become subject to City taxes and property-related fees, and (2) relieved of certain property-related fees and taxes of the County of Santa Clara. A "no" vote means Buena Vista Neighborhood will remain a part of unincorporated area of the County of Santa Clara and continue to be subject to County taxes and property-related fees.

In December of 2000, the City Council of the City of San Jose held a public hearing at which property owners were given the opportunity to protest the proposed annexation of the Buena Vista Neighborhood into the City of San Jose. After this public hearing and consideration of one protest received, the City Council ordered the annexation, subject to a successful Proposition 218 election.

Proposition 218, "The Right To Vote On Taxes Act," passed by voters in 1996, requires an election before the imposition of new or increased taxes or other property-related fees. While the law is not clear as to whether Proposition 218 applies to annexations, the City has determined to hold a Proposition 218 election.

If annexed into City of San Jose, residential properties in the Buena Vista Neighborhood would become subject to the following City taxes and fees and would be relieved of similar taxes and fees imposed by the County of Santa Clara, if any. The following chart compares the City and County taxes and fees.

Taxes and FeesCityCounty
Sanitary Sewer$227.00/year$160/year (Sunol
Sanitation District)
$269/year (Burbank
Sanitation District)
Storm Sewer$40.68/yearnone
Utility Tax5% of chargesnone
Library Assessment$25.00/year$33.66/year
Business Tax$150.00/yearnone
Garbage Fees$14.95-$59.80/month$18.00/month
depending on size(Sunol
of containerSanitation District)
$15.00/month (Burbank
Sanitation District)
Existing and Proposed$63.50/$100,000None
General ObligationAssessed value
Bonds(estimate)
Lighting AssessmentNone$13.69/year maximum
District

With regard to the taxes related to the City's General Obligation Bonds, this amount is a conservative estimate, based on a 7% interest rate, for bonds to be issued under the Parks and Libraries Bond Measures passed by the voters in November 2000. It also includes an estimated amount related to the City's proposed Public Safety Bonds that are on the ballot for City residents for this election.

Richard Doyle, City Attorney
City of San Jose

  Official Information

Please note
The material about this Measure has been retyped from Registrar of Voters' material. There could be errors. The official material can be obtained from the Registrar of Voters.
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Arguments For Measure P Arguments Against Measure P
No argument in favor of Measure P was submitted.

The ballot language, in council resolution, fails to attach a specific map and is vague and unclear. It attempts to infer retroactive taxes to December 19, 2000 by fiat of the city council. This includes city bond measures 0 & P passed after "Annexation Answer Book" of May 1999, a new Measure 0, and others effective by this ballot. The benefits of the City's Strong Neighborhood Initiative (SNI) is also included by reference, that needs a separate vote.

This aggregation violates the single issue item for each ballot. The City's reputation is poor regarding annexed areas. An expanded city and redevelopment agency definition of "blight" will vigorously negatively impact residents, vehicles, and even pets by arbitrary Code Enforcement. Vote No to protect property and tenant's rights.

William J. Garbeff
Agent, T.H.E. P.U.B.L.I.C.


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Created: April 19, 2002 10:58 PDT
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