Anti-Tax Initiative May Kill Library Assessment

The creation of a special tax district to help pay for Ventura County library services would be invalidated if a statewide anti-tax initiative is approved by voters in November, according to county attorneys.

Even if Proposition 218 requiring voter approval of certain tax increases were challenged in court, it would likely be upheld, said Tony Waters, assistant county counsel. This is the first time that Waters’ office has issued an official opinion on the initiative sponsored by the Howard Jarvis Taxpayers Assn.

Although three supervisors have voiced support for a benefit assessment district as a way to save the county’s floundering library system, officials expressed frustration Friday over the obstacles they face.

“It’s hard to know what to do,” Supervisor Maggie Kildee said. “People don’t want any more taxes. But they want their libraries to stay open.”

Though she has yet to make a final decision, Kildee said that she would not object if the board dropped plans for an assessment district in favor of holding a special tax election in March. A two-thirds majority would be needed for passage.

“We have to do something,” Kildee said. “Maybe we just have to get it out there and say to the people, ‘Are you willing to help us fund this thing?’ One way or the other, the people of Ventura County are going to have to pay for libraries or we’re not going to have them.”

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Supervisor John Flynn said he believes that the board should stick with its position in support of a benefit assessment district. He said there is a chance that the Jarvis initiative may not pass because the public is “getting concerned about the infrastructure of California falling apart.”

“I think we should let it stay in the oven awhile longer,” Flynn said. “This will give the cities a chance to think about it a little more. The public doesn’t want to see the library system shut down.”

The board is scheduled to vote Tuesday on whether to move ahead with plans to form a Mello-Roos assessment district, which would levy a $33-a-year tax on homeowners. Their action would be subject to the approval of six cities that participate in the county library system.

Since first proposing a library assessment without an election, supervisors say they have been bombarded with telephone calls and letters from angry constituents.

Board Chairman Frank Schillo, citing potential legal pitfalls, dropped his support last week, saying that the board should let voters decide whether to tax themselves. Supervisor Judy Mikels also opposes an assessment district.

Supervisor Susan Lacey, who has endorsed the proposal for a library assessment, could not be reached for comment Friday.

A major concern in holding a special election would be the cost to the county, estimated at $235,000. That does not include the $100,000 to $150,000 it would cost to create the assessment district.

The cost could be reduced if other local issues are included on the ballot, said Terry Dryer, a county analyst.

If the board chooses to establish the benefit assessment district without an election, Dryer said the proposal would then go to the city councils of Camarillo, Fillmore, Moorpark, Port Hueneme, Simi Valley and Ventura for approval.

Once the participants are determined and district boundaries established, notices would be sent to all property owners and a public hearing held before supervisors take a final vote, Dryer said. The whole process would take about 145 days, she said.

There is a chance that the assessment district could be invalidated by public protests.

Since a Mello-Roos district has no specific protest requirements, county officials could determine what would be appropriate. To be consistent with Mello-Roos guidelines, county staff is recommending that a 50% protest would be necessary to invalidate the assessment district.

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But how that 50% is achieved is still in question.

The supervisors have two choices. They could either drop the library assessment if they receive protests from 50% of the property owners in the assessment district; or, if they receive opposition from landowners collectively paying 50% of the total amount raised annually.

Mike Saliba, president of the Ventura County Taxpayers Assn., questioned why county officials are talking about a 50% protest level, when they said earlier it would probably be 25%.

“This is a lot more onerous provision,” Saliba said. “It would be impossible to get a protest like that.”

Waters said that the 50% protest level is what is most commonly used in assessment districts. He added that it is simply a recommendation and the board would ultimately decide the final requirement.