Court Won’t Halt Vote on Taxing Developers

A Los Angeles Superior Court judge Monday refused to remove from the June ballot six measures that would tax Santa Clarita Valley developers millions of dollars to pay for school construction.

The ruling by Judge Jerry K. Fields was in response to a lawsuit filed Friday by the California Building Industry Assn. and the Building Industry Assn. of Southern California, which sought to prevent the June 2 tax election in five Santa Clarita Valley school districts.

“Let the election go ahead, and if it does pass, then attack it,” Fields told Max Halfon, the attorney for the developers, who had sought a temporary restraining order against the balloting.

No Interference

The judge said the courts should not interfere with an election before it takes place.

Fields noted that similar tax measures in an election last November narrowly failed to win the two-thirds vote needed for passage. “It looks like they may pass this time,” he said, adding that Halfon should “come back and see me then.”

At issue are proposals to tax developers about $6,000 for each housing unit they build. The area’s four elementary-school districts have proposed one ballot measure each, whereas the William S. Hart Union High School District has two measures.

The builders’ groups challenged the election on the ground that the money sought by the school districts would be fees, not taxes. State law requires districts to obtain legislative approval before submitting proposals for fees--as opposed to those for taxes--to voters.

Cap of $1.50 Per Square Foot

Halfon also argued that a statewide school-construction financing plan approved by voters last year sets a cap of $1.50 per square foot on the charges that school districts can impose on housing developers.

But Terry Dixon, attorney for the school districts, told the judge that the state financing plan, which went into effect Jan. 1, does not prevent the school districts from levying more taxes to build schools.

“Frankly, I’m surprised the developers would try something like this,” Dixon said. “It’s very rare that a court will interfere with an election.”

The lawsuit was a “political ploy” intended to confuse voters, said Rita Garasi, chairwoman of the Santa Clarita Taxpayers for Responsible Growth, a residents’ group favoring the tax measures.

Halfon said the court challenge was an attempt to save taxpayers the expense of the election. He said an appeal of the judge’s ruling is unlikely but that developers will oppose the June tax measures and probably will challenge the election if the measures are successful.

School officials say the fee of $1.50 a square foot authorized by the new state law would bring in about $2,000 for the average Santa Clarita Valley home, and that is inadequate to build enough schools for a student population that is expected to double by the year 2000. At least 25 schools must be built at a cost of $300 million.