Repeal FP-5. Vote YES on Measure W!

County supervisors voted 4-0 to not fund printing of the petition information in the ballot materials. They did vote, however, that the petition could be printed in ballot materials if the proponents pay to have it printed!

This demonstrates our elected leadership is not neutral in this matter.

This is the text of the initiative petition is presented below:

SECTION 1
(a) Findings
(1) In 2006, the San Bernardino County Board of Supervisors proposed and, just 1,022 voters approved, creation of County Service Area 70, Improvement Zone FP-5 (Helendale/Silver Lakes), encompassing a small area just over five square miles, and imposed a yearly special tax of $117.00 per parcel with an annual inflationary increase of up to 3%, to finance fire and emergency services within the FP-5 boundaries.
(2) In 2008, FP-5 was reorganized as San Bernardino County Fire Protection District Service Zone FP-5 and its boundaries were expanded. In 2016 and 2018, its boundaries were again expanded.
(3) In 2022, the special tax rate was set by the Board of Directors of the San Bernardino County Fire Protection District at $166.84 per parcel for 2022-2023.
(4) Unless the special tax is repealed, the Board of Directors of San Bernardino County Fire Protection District can continue to increase the special tax by up to 3% every year. Meanwhile, government agencies can continue adding territory to the District, thus imposing the tax on new parcels without voter approval.
(b) Purposes
(1) Article XIII C, Section 3 of the Constitution of California provides: “Notwithstanding any other provision of this Constitution, including, but not limited to, Sections 8 and 9 of Article II, the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge. The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives.”
(2) The purpose of this measure is to repeal the special tax associated with Fire Protection Service Zone FP-5, in accordance with the express power of voters granted by Article XIII C, Section 3 of the Constitution of California.
(3) Adoption of this initiative measure is essential to the preservation of the quality of life, property values, and the health, safety, and general welfare interests of the residents and property owners within the San Bernardino County Fire Protection District.

SECTION 2. REPEAL FP-5 SPECIAL TAX
The special tax for Service Zone FP-5, originally authorized by voters in 2006 in the amount of $117 per parcel, per year with an annual 3% cost of living increase, and most recently set by the Board of Directors with Resolution No. 2022-171 at $166.84 per parcel for Fiscal Year 2022-23, is hereby repealed.

SECTION 3. EFFECTIVE DATE
This initiative shall go into effect on the first day of the fiscal year following the election at which the measure is adopted by voters.

SECTION 4. SEVERABILITY CLAUSE
If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect in the absence of the invalid provision or application. To this end, the provisions of this measure are severable.

Voting YES on Measure W will repeal (remove) the FP-5 Special Tax. Stated another way, you must VOTE YES on W to SAY NO to taxes!
In 2018 the San Bernardino County Supervisors, acting in their role as Board of Directors of the San Bernardino County Fire District, voted 3-2 to impose the FP-5 Special Tax across all unincorporated of the fire district. This “annexation” was done without a two-thirds vote of the electorate.

Article XIII C Section 2.(d) of the California Constitution states:

“No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.”

Because the tax was imposed without a vote of the electorate it should be repealed. District voters agreed with this statement and voted to remove the tax in 2022. See the answer to the question “Didn’t We Already Vote on the FP-5 Special Tax” further down on this page.

For more justification to vote YES on Measure W, see the blog posts listed below:

Why Repeal the FP-5 Fire Tax – First Principles

The Legal Reason to Repeal the FP-5 Fire Tax

The Political Reason to Reason to Repeal the FP-5 Fire Tax

2006 – 1,022 voters in Helendale, CA approved establishment of County Service Area 70, Improvement Zone Five. This action implemented a special tax to fund 24 x 7 local fire services specifically for the Helendale community.

Ballot material from the 2006 election states “…the Special Tax area shall not be expanded nor any tax increased beyond that specified by this notice without additional proceedings in compliance will all laws.” (our emphasis)

2008 – Local Agency Formation Commission (LAFCO) 3000 forms the San Bernardino County Fire Protection District. Helendale Improvement Zone Five renamed Fire Protection Service Zone FP-5.

2016 – The City of San Bernardino is mired in its fourth year of bankruptcy. The City, County of San Bernadino and LAFCO conspired to impose the FP-5 Service Zone on San Bernardino City property owners. $30 million per year in city fire services are shifted to the County Fire Protection District. An additional $148 per year FP-5 Special Tax is imposed on San Bernardino City landowners without voters approving the tax with a two-thirds approval – as required by the State Constitution.

2016 – Fire services within the City of Needles and the 29 Palms Water District are shifted to the County Fire Protection District via LAFCO annexation. Property owners pay an additional special tax that was never approved by a two-thirds vote of the electorate.

2017 – Fire services within the City of Upland are shifted to the County Fire Protection District via LAFCO annexation. Property owners pay an additional special tax that was never approved by a two-thirds vote of the electorate.

2018 – All unincorporated areas of the county are “annexed” into Fire Protection Service Zone Five. This action is approved by a 3-2 vote of county supervisors. The FP-5 Special Tax is now imposed on an area that includes over one-million residents. Excepting the original 1,022 residents of Helendale, no voters have been given the opportunity to approve the FP-5 Special Tax.

2020 – Measure U proposes to repeal the FP-5 Special Tax but fails to pass by 4,644 votes. The failure to repeal was likely due to confusion about a “YES” vote being a REPEAL of the tax, a “gloom and doom” campaign by the firefighter union leadership, and a high-turnout election with many voters not understanding the fire district’s finances.

2022 – Measure Z proposes to repeal the FP-5 Special Tax and passes by 6,063 votes. County Supervisors approve two lawsuits designed to overturn the vote. One lawsuit claimed “false and misleading” information was used on the initiative petition. The trial court agreed with that claim indicating “The initiative implies the tax is unconstitutional and was improperly adopted.”

Given this fact pattern, how can one come to a conclusion that the initiative petition contained false and misleading information?

2023 – Vote YES on Measure W qualifies for March 2024 primary election.

For an in-depth review of this history please see SBC Sentinel’s article: Reform Group Again Qualifies Vote To Rescind Fire Tax

Yes. Measure Z, which proposed to repeal the FP-5 Special Tax, was passed by 58.4% of district voters in 2022. However, the Fire Protection District went to court claiming false and deceptive language was used on the initiative petition. This case is currently on review at the California 4th District Court of Appeals.

Rather than wait for the courts, proponents of the measure gathered a sufficient amount of signatures and refiled the petition for presentation to voters in 2024.

For an in depth review of this history see SBC Sentinel’s article: Reform Group Again Qualifies Vote To Rescind Fire Tax

In short, absolutely nothing need happen to the level of fire services in the county. The $45 million in “lost” revenue can be easily covered by the more than one-half billion slated for General Fund contingencies or reserves in the 2023/24 budget.

Further, the answer depends on the actions and policies set by the county supervisors.

The Fire Protection District makes a variety of “gloom and doom” predictions designed to terrify district voters. None of the apocalyptic predictions need come true if county supervisors simply exercise budgetary discipline. By reprogramming approximately 0.4% of the County’s $9.7 billion dollar budget the board can ensure that nothing changes with fire services.

A YES vote will force county supervisors to exercise the same type of fiscal discipline required of everyday taxpayers in San Bernardino County. When costs increase, we figure out where to adjust our spending to make our personal budgets work. Shouldn’t our elected officials be able to make the same type of decisions with public funds?

Prior to 2018, any shortfalls in the San Bernardino County Fire Protection District’s budget were funded by the county via an agreement with the county supervisors. In 2018, when the FP-5 tax was imposed, the county’s budget was $6.3 billion dollars. The 2024 approved county budget is $9.7 billion. The county’s budget has increased nearly 70 times more than the FP-5 fire tax.

There is a spending problem at the county, not a revenue problem. This is demonstrated by the supervisors voting to allocate themselves $5 million to distribute within their own districts while the fire district spends $28 million on a new headquarters to house the explosive growth of administrative employees.

Comparing County Fire’s budget and employee numbers from 2018 with the 2023 budget:

In short, although the FP-5 Special Tax is imposed primarily on landowners in the Mountain, North Desert and South Desert Service Zones. Actual firefighting service appears to be enhanced in the Valley Regional Service Zone and decreased in the unincorporated areas – the very areas that pay the extra tax!

But let’s be honest, the bulk of the increase in personnel is in administrative positions that don’t fight fires.

In addition, County Fire is going on a spending spree with respect to capital projects including $28 Million for a new administrative building for the Fire Protection District. (This cost may increase as a pool and gymnasium are considered for this facility.)