County counter sues San Jose over agreement breach

Silicon Valley/San Jose Business Journal
Sharon Simonson
April 28, 2005

Santa Clara County has filed a cross complaint against the city of San Jose and its redevelopment agency in San Mateo Superior Court, alleging that the city has failed to live up to its side of the bargain under a May 2001 agreement.

In particular, the county contends that the city has failed to meet three stipulations of the agreement -- that the city annex unincorporated urban pockets within the city's limits; that the city and redevelopment agency work cooperatively with the county before seeking changes to state redevelopment law; and that the city acknowledge that county-owned land and facilities and existing county land-use plans are not subject to the annexation or land-use procedures set out in the 2001 accord.

City Attorney Rick Doyle was not immediately available for comment.

Among other things, the county complains that the city is eager to annex territory in Coyote Valley, where it plans massive new development.

But it is not interested in annexing the county pockets, as it has promised, where residents are "poor and minority," says County Counsel Ann Ravel.

Ms. Ravel says the county hasn't decided whether to oppose the city's annexation of thousands of acres in Coyote Valley.

But, she said, "It is possible that the county would do it."

The city and the county have a history of friction. The county has complained that the city's redevelopment agency collects property taxes at the county's expense. More recently the two governments have argued over county plans to build a theater at the county fairgrounds.

The county's suit was filed in San Mateo County Superior Court because of pending litigation between the county and city already filed there, Ms. Ravel said.

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