info@thelincolnclub.org
Thursday, April 16, 2020 Update
All,
As many of you know, the San Bernardino County Supervisors voted April 7th to place FP5 repeal on the November 2020 ballot. This is a win! We will keep you updated as we continue with this effort.
However, the Red Brennan Group is contemplating further legal action against the San Bernardino County Fire Protection District in the matter of FP5 expansion and the protest process. We are considering a lawsuit in Federal court based on equal representation and due process claims. Our organization is in the process of identifying plaintiffs. If you, or someone you know, was unable to respond to the Protest Process in September 2018 for any, or all, of the following reasons:
• Never received notification letter
• Unable to obtain a protest form
• No internet access
• No access to hardware or software required to locate or print a form
And they fit into one of the following profiles:
Profile One - District Resident/Property Owner
• Resident of San Bernardino County
• Registered to vote in San Bernardino County
• Property owner with property located in the San Bernardino County Fire Protection District
Profile Two - California Resident/Property Owner
• Resident of California
• Not a resident of San Bernardino County
• Property Owner with property located in the San Bernardino County Fire Protection District
Profile Three - Non-resident/Property Owner
• United States Citizen
• Not a resident of San Bernardino
• Not a resident of California
Property owner with property located in the San Bernardino County Fire Protection District
The Red Brennan Group would be interested in direct contact via a follow-up interview.
If you are interested please send an email to tmurphy@redbrennan.org or contact Tom Murphy at (760) 810-5830. Feel free to forward this email to people you believe may fit into one of the three profiles.
Tom Murphy
The Red Brennan Group
Tuesday, October 1st Update
Please take time to read this article about the FP-5 Fire Tax:
http://sbcsentinel.com/2019/09/mcbride-reveals-sb-leadership-misled-residents-in-crafting-bankruptcy-tax/
It is rather long but it provides all the details leading up to the Fire Tax and the results of the hearing last week.
Personally, I am very disappointed. The Interim Fire Chief did NOT offer any options for the Supervisors to consider as requested on June 11th. He said they will close several fire departments and we will lose services; he offered nothing else for them to consider. I understand there were a lot of Fire “Union” Representatives speaking at the hearing. They said we will lose services in support of the Interim Fire Chief and asking the Supervisors to keep the Fire Tax in place. It sounds as if like the Supervisors are starting to change their minds back in the direction of the Fire Department. Please note however Dawn Rowe is working in favor of the taxpayers. Make no mistake about it; this is about Fire Department Pensions and Supervisors are under pressure by their Union!
We are being asked to spread the word and to call our Supervisors; ask them to insist the County Fire staff deliver the following:
• a list of two to three alternative proposals the supervisors can evaluate and vote on to place before the residents in 2020.
• a date on which FP-5 will sunset
A clerk will take your message:
• Robert A. Lovingood (First District Supervisor) (909) 387-4830
• Janice Rutherford (Second District Supervisor) (909) 387-4833
• Dawn Rowe (Third District Supervisor) - (909) 387-4855
• Curt Hagman – Chairman (Fourth District Supervisor) (909) 387-4866
• Josie Gonzales - Vice Chair (Fifth District Supervisor) (909) 387-4565
Also, Tom Murphy put together a Fire Tax “REPEAL” Petition. We must be prepared in case the Supervisors change their minds and leave the Fire Tax as it stands. We need to set up to gather signatures at various locations. There are currently teams working in the Joshua Tree area. Please let me know if you have any time to help collect signatures. I have the Petitions and I will help to organize the Yucca Valley area. If you live in other areas and want petitions, please contact Tom Murphy at tmuphy@redbrennan.org Thank you.
Sincerely,
Cindy Henry Pague
Mobile 949-463-0572
All,
This Sentinel article does a good job of reviewing the history of FP-5 up to, and including, last Tuesday’s Board of Supervisor meeting.
In the June 11th meeting, when describing the intent of the approved motion, Supervisor Rutherford’s stated: "…the board directs the CEO and interim fire chief to explore funding mechanisms to pay for fire and emergency services in San Bernardino County to place before the voters prior to January 2021, and to return to the board within 90 days to discuss funding alternatives as well as a date upon which FP-5 will sunset."
We encourage folks to contact their supervisors and ask them to insist county staff deliver the following:
• a list of two to three alternative proposals the supervisors can evaluate and vote on to place before the residents in 2020.
• a date on which FP-5 will sunset
County staff did not present clear, well-thought out funding alternatives to the Board of Supervisors. Instead the supervisors received a general description of the tax vehicles available. The only mention of the sunset date for FP-5 was “…it depends on what alternative we choose.”
TomFriday, September 13th Update
On Tuesday, September 24, the Board of Supervisors will hear the County Proposals for funding County Fire. Listen and comment at the teleconference center in the government building in Joshua Tree. Also, you can go to the Homestead Valley Community Council meeting Monday, September 16, at the Benfield Hall in Landers to learn more. Dawn Rowe will provide an update and The Red Brennan Group will speak about litigation against the Fire Tax and their FP-5 Repeal Initiative.
Tuesday, September 10th Update
It has been some time since The Red Brennan Group put out information on the status of FP-5. Here is a very abbreviated update:
FP-5 Lawsuit
Hearing on a Motion for New Trial is scheduled for tomorrow morning. The short story here is the judge threw out the lawsuit based on a failure to complete an administrative procedure. (We did not file a “reverse validation” in the proper time frame.) We have asked the judge to consider a new lawsuit based on updated information.
We continue to anticipate a separate lawsuit once the tax is actually paid. If you are interested in participating as a plaintiff once you pay the first installment on your 2019/2020 property taxes, please contact The Red Brennan Group for further information.
FP5 Repeal
The Red Brennan Group is sponsoring an initiative to repeal the FP-5 Special Tax in its entirety. While we would have preferred repealing the expansion of the Special Tax, we have been unable to develop a solid legal theory to do so. While the Supervisors promised to sunset FP-5, we have yet to see that in writing so are pushing ahead with signature gathering on a repeal initiative.
If you, or a local organization is willing to assist with the signature gathering campaign, please send me a note. We will try and get you initiative petitions and a short training “blurb” concerning how to collect valid signatures.
Please spread the word. I think we would all like for this to go viral.
Tom Murphy
The Red Brennan Group
tmurphy@redbrennan.org
(760) 810-5830
Thursday, May 30th Update
Tom Murphy of The Red Brennan Group, wrote:
“We are drafting an initiative to repeal the special tax associated with FP-5. We will need not less than one, and no more than five, people willing to sponsor the initiative. They must be 1) registered to vote, 2) residents of the county, 3) own property (probably best to actually reside) in the FP-5 service zone. If you know anyone in your network that is interested, please forward this email and have them contact me”.
Friday, May 24th Update
The following provides information received about the FP-5 Fire Tax respects “Combining Parcels”:
Summary:
• Requests to combine parcels now won't take effect until January 1st next year, according to Brett in the Mapping Office, yet the FP-5 tax will be effective on July 1st of this year
• Original parcel numbers are replaced by a single new parcel
• The same form to combine parcels is used to split into multiple parcels
Melinda in the County Assessor's Office provided the following information:
• The form to combine parcels is at http://www.sbcounty.gov/uploads/arc/Forms/aos047.pdf
• Combining parcels does not trigger a re-assessment; only change of ownership or new construction will do that. When asked if the County had something in writing that stated that. She referred us to the Real Property page, on the FAQ tab, in the section "What is a supplemental tax bill?".
Friday, February 15th Update
A person in the Fire Tax Coalition contacted Senator Morrell's office about the Health & Safety Code that allowed the FP-5 Fire Tax "expansion" to occur. After much discussion and review by his legislative staff, he has introduced a bill - SB 272, to amend H&S Code 13950 and to require a vote if such an expansion creates new or increased fees. The draft is attached. This is not grandfathered, but it would help prevent future "creative" use of the H&S code to tax folks without their say.
If you have any comments, suggestions or to send a letter of support for SB272, please contact: Tess Scherkenback, Legislative Aide, Office of Senator Mike Morrell (916)-651-4023 / tess.scherkenback@sen.ca.gov
Wednesday, February 6th Update
San Bernardino County Takes Another Step to Strip Unincorporated Residents of Constitutional Rights
Judge Alvarez Signals Agreement ~ The Red Brennan Group Prepares to Appeal.
Wednesday, January 16 Update
“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.” California Constitution Article XII C (d)
Despite this clear language, The Red Brennan Group was in court on Wednesday, January 16th contesting the
implementation of a special tax associated with the expansion of Fire Prevention Zone Five. The tax, levied
without any vote of the electorate, was imposed primarily on unincorporated residents of the county by the
San Bernardino County Board of Supervisors... access full PDF by clicking red button
Fire Tax Update
By Martin Estacio Staff Writer, VV Daily Press
Posted Dec 24, 2018 at 4:56 AM
SAN BERNARDINO —A lawsuit filed against the County in response to a parcel tax approved in October by the Board of Supervisors will go to court next month.
A hearing is scheduled Jan. 16 on a motion for a preliminary injunction to block the expansion of County Fire’s FP-5 Service Zone and levying of a $157.26 tax on all affected parcels, which are mostly in unincorporated communities.
The Red Brennan Group, a non-profit based in San Diego, joined by several community groups and residents as plaintiffs, assert that the levy is unconstitutional because it violates provisions set forth in propositions 13, 26, and 218.
According to the complaint, the propositions provide that “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.”
The group’s contention relies on a special tax approved in 2006 by voters in Helendale where the original FP-5 covered.
The special tax’s purpose was to convert the local fire station from paid-call to being fully staffed, 24/7.
Sean Wade, the attorney representing RBG, told the Daily Press the County is attempting to use this rationale to impose a tax on a much wider area.
“Rather than putting it to a vote, they are taking the super small district in Helendale and expanding it across 19,000 square miles,” he said.
The Board of Supervisors, in a 3-2 vote, approved the zone’s expansion on Oct. 16 after a marathon meeting/public hearing in which more than 60 residents spoke, mostly in opposition.
County Fire Chief Mark Hartwig first proposed the expansion to the Board in June to address a nearly $30 million budget shortfall and continue funding existing services.
According to court documents, the County argued the tax imposed in the expansion didn’t require a vote because the Fire Protection Law of 1987, which identifies the procedure for expanding a service zone, doesn’t require one.
And since a service zone expansion is “akin” to an annexation, annexed “property owners within the newly acquired area are also responsible for the taxes that existed before the expansion,” County counsel wrote.
A representative for San Bernardino County did not respond to a request for comment.
Wade and his clients opposed this argument. He said the County has referred to the parcel tax as a special tax in a resolution and in correspondence. Because they it “labeled” as such, it is required to be approved by a two-thirds vote, he said.
Plaintiffs also rejected a prior court decision cited by the County in solidifying the annexation position. The Fourth Appellate District court in that case sided with Huntington Beach when taxpayers in the annexed unincorporated community of Sunset Beach sued the city, protesting the imposition of existing taxes.
Wade said Sunset Beach didn’t apply. In that case, a city of around 190,000 people was annexing an area with less than a thousand residents.
“We think the situation here is very different. A very small amount of people using that [FP-5] district to oppress thousands and thousands of people,” he said.
Chuck Bell, president of the Lucerne Valley Economic Development Association, one of the parties in the suit, told the Daily Press he felt the expansion was “totally unfair.”
As an affected property owner in an unincorporated community, Bell dislike the fact the levy would be applied across the board on all parcels, whether they included a “hotel” or nothing.
“What’s to burn on a vacant parcel with nothing on it but a couple creosote bushes?” he asked.
MEstacio@VVDailyPress.com or at 760-955-5358. Follow him on @DP_mestacio
. https://www.vvdailypress.com/news/20181224/hearing-set-on-lawsuit-over-fire-tax
We invite you to join us today!
Parcel Combination and Rescission Guideline
For combining contiguous properties for reducing possible county fire tax fees. Download the guideline below.
~Tax Parcel Combination Form Link~Join with us today!
