To my fellow Del Cerro residents:
For over 22 years, like many others in our community, I have attended numerous meetings held by the former Del Cerro Action Council (DCAC) and its successor, Friends of Del Cerro (FODC), also known as Enhanced Del Cerro (EDC).
Unfortunately, I have been repeatedly disappointed by the lack of detailed information and evidence regarding the proposed Del Cerro Maintenance Assessment District (MAD).
It’s time to initiate a much-needed conversation about this.
We need the community’s help in spreading accurate and comprehensive information about Maintenance Assessment Districts, commonly referred to as MADs, and their true impact.
MADs are essentially a way for cities to bypass Proposition 13’s protections, enabling property tax increases without a two-thirds majority vote from residents, as required by state law. As the late President Ronald Reagan once said, “Trust, but verify.” I urge the community not to blindly accept what I or anyone else says but to verify the information for themselves.
Proposition 13, passed in 1978, was upheld by both lower courts and the Ninth Circuit Court as constitutionally valid. However, in response, then-Governor Jerry Brown and legislators quickly modified the 1972 Highways and Lighting Act, which led to the establishment of what we know today as the 1972 Act Lighting and Landscape Districts. Paragraph 7 of this act states that assessment fees will be attached to a homeowner’s property taxes, and it also allows the government to accelerate foreclosure if property taxes and fees are not paid on time.
Under the current California Revenue and Taxation Code Sections 3691 and 3692.4, property owners have five years from the date of delinquency before foreclosure. However, the 1978 modification allows for accelerated foreclosure within 90 to 180 days for any delinquent properties.
If homeowners in this community vote to establish a MAD in Del Cerro, they are giving up some of the protections afforded to them under Proposition 13 and the California Revenue and Taxation Code.
San Diego also has an ordinance for the formation of MADs (Article 5, Division II of the San Diego Municipal Code, 65.02016-88), which outlines all requirements for the establishment of a MAD. Amendments to this ordinance state that penalties and interest will be attached to delinquent assessments along with property taxes. The ordinance is lengthy (32 pages), but the amendment is much shorter and contains a lot of important information.
El Draft of the mingineer’s report
One of the most critical aspects to consider is the draft nature of the engineer’s report for establishing a MAD.
According to Section 65.0206(c), the engineer’s report is just a draft until it receives final approval from city staff and passes a petition drive. Moreover, Section 65.0209(b) indicates that the city council retains the authority to modify the engineer’s report before adopting the resolution for formation. This means the promises made in the initial report are not guaranteed and can change based on city officials’ decisions. Therefore, residents who vote in favor of the MAD based on the draft report might find that the final plans differ significantly.
Flexibility in service Delivery
Another concern is the flexibility the city council has to modify the scope of services promised under a MAD.
Section 65.0215(a) allows the council to modify district services, which means that improvements initially promised could be reduced or delayed indefinitely. This could lead to residents paying more for fewer services than they expected. The draft engineer’s report even suggests that some phases of the project might take decades to complete, meaning that promised improvements may not be realized for years, if ever.
Potential for Future yoegislative Changes
The legislative framework governing MADs is not fixed. For instance, Section 65.0216 (enacted in 2016) allows for modifications or disestablishment of benefit zones, which could lead to changes in benefit criteria and potentially increase parcel taxes. This means that the cost and benefits associated with MADs are unpredictable and could change unfavorably for residents over time.
When proponents of forming a MAD in Del Cerro claim that “the city has no money to pay for improvements,” it’s the same statement we heard in 2003 when the DCAC tried to establish a MAD in Del Cerro. If this is the case, then what has the city done with the property tax revenue we have been paying over the years?
Anyone can obtain a copy of the 1972 Act, California Revenue & Taxation Code Sections 3691 and 3692.4, and the San Diego city ordinance on MAD formation by contacting the City of San Diego. I encourage everyone being asked to vote for the formation of a MAD to verify the information they receive, as conjecture and opinion are not enforceable in any court of law.
This article is based on information from the San Diego ordinance on MAD formation, the California Revenue & Taxation Code, the 1972 Act, and the Maintenance Engineer’s report for Del Cerro.
Joe Ney, CWO4 USMC Ret.
Community advocate & Del Cerro resident
Crédito de la foto: Pixabay.com
