Homeowner Assessment OKd Despite Angry Protest : Schools: The Torrance board approves the $25 annual fee, which opponents claim violates Proposition 13. It will generate : $1.6 million annually for upkeep of neglected schoolyards.

Faced with deteriorating school grounds and a tight budget, Torrance Unified School District trustees this week defied hundreds of angry residents by imposing fees of up to $25 a year on homeowners.

Trustees voted 4-1 to create a new maintenance assessment district, despite overwhelming public opposition and questions about whether the action was legal. Two school districts that formed similar districts have been sued for violating Proposition 13, which requires a two-thirds vote of residents before a new property tax can be imposed.

“The legal questions aren’t (my) only problems with this,” said Trustee John Eubanks, who cast the sole dissenting vote. “Obviously, there are a lot of people who don’t want any more taxes and would prefer we cut programs.”

However, the other trustees said the maintenance district, which will bring in about $1.6 million a year in new revenue, was their best alternative. They said playing fields and school grounds are becoming increasingly dangerous because the district has neglected their maintenance due to budget cuts. The district faced the prospect of closing down some of these fields to prevent lawsuits stemming from injuries that might have occurred there.

“I feel it’s better to go with the health and safety issue and let the cards fall where they may, on the other side,” Board President Ann Gallagher said.

The 20,000 Torrance student district has slashed more than $5 million from its budget during the past three years, including reducing the maintenance staff from 29 to 12.

The maintenance assessment district will impose annual costs of $25 on single-family homeowners, $17.40 on condominium or apartment owners, and $13 on mobile home owners. Business and commercial property owners will be charged between $75 and $150 for parcels smaller than one acre, and $150 per acre for larger parcels.

The first half of the assessments will appear on property tax bills mailed out in November and due Dec. 10. The assessment district will have to be renewed each year, with the fees not to exceed this year’s charges for the next five years.

The board approved the measure after a rambunctious four-hour public hearing attended by about 750 people at Torrance High School’s auditorium. The audience cheered opponents of the plan and booed its supporters.

“What I see here is a very tragic comedy, much like Congress approving itself a pay raise,” said former Torrance schoolteacher John Tucker, who presented the board with what he said was a petition signed by more than 400 people. “You’ve tried to cram this down our throats . . . and we don’t like it.”

Lisalee Wells, the school board’s attorney, said trustees have the authority to create a maintenance district under the state Landscaping and Lighting Act of 1972.

Cities have traditionally formed maintenance districts to pay for such public improvements as new street lighting. Financially strapped school districts believe they also have the right to form maintenance districts to pay for the upkeep of playing fields and other facilities frequently used by the public. Torrance school officials estimate that their facilities are available for use by the public 67% of the time.

But questions remain about the legality of schools forming assessment districts.

The Howard Jarvis Taxpayers Assn., a statewide taxpayers’ rights group, has sued the Bonita Unified School District and the Whittier Union High School District for creating maintenance assessment districts. Both cases are pending before a state Superior Court judge, though neither decision would be binding on the Torrance Unified district.

Wells said she believes the practice is legal and noted that two school maintenance assessment districts are now operating in San Mateo County.

Most school districts attempting to establish the districts have encountered vocal public opposition. In Whittier, the move prompted a recall effort as well as reconsideration of the original action. The school board decided against collecting the fees the second year the assessment district was in place.

Several Orange County school districts imposed similar maintenance fees but rescinded them in the face of public protest.

The issue brought plenty of outrage from Torrance residents Monday night. Several people told the board the action was an end run around Proposition 13. Others said it wasn’t fair to institute the fee without voter input.

Torrance resident Roger Bacon urged the board to put the measure before voters and received a loud round of applause.

“Sure it’s tough times right now . . . but this is ridiculous. If the people want to spend their money, they should have a right (to decide) by ballot,” Bacon said.

The constant jeering prompted Torrance Supt. Edward Richardson to try to reason with the crowd by explaining the district’s dire financial situation. The audience greeted his message with moans, and Richardson threw up his hands in disgust.

Gallagher and other trustees said they didn’t think the crowd, composed mostly of older citizens, accurately reflected the opinions of the majority of district residents.

“As far as the legality goes, I’m perfectly willing to leave that to the courts,” trustee David Sargent said. “Now it has gotten to the situation where we must do something to keep the fields safe. . . . If people think that $25 out of their pockets isn’t worth it for the kids, I can’t relate to that.”