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June 5, 2018 — California Primary Election
Special District

County Service Area (CSA) 113
Measure D Ordinance - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

128 votes yes (83.7%)

25 votes no (16.3%)

100% of precincts reporting (4/4).

168 ballots counted.

Ordinance Amendment
— undefined

INITIATIVE MEASURE REPEALING ORDINANCE NO. 6735 REGARDING SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE PROTECTION IN COUNTY SERVICE AREA 113

Shall the County Board of Supervisors adopt an Ordinance to repeal Ordinance 6735 and remove the Fire Protection Tax levy from the properties within the original County Service Area 113?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

A “YES” vote is a vote to eliminate the Fire Protection Tax that is currently imposed upon residents living within the boundaries of the former County Service Area 113.

NO vote means

A “NO” vote is a vote against eliminating the Fire Benefit Tax that is currently imposed upon residents living within the boundaries of the former County Service Area 113.

Impartial analysis / Proposal

San Diego County Registrar of Voters

COUNTY COUNSEL IMPARTIAL ANALYSIS

Initiative Measure Repealing Ordinance No. 6735 Regarding Special Benefit Tax for Structural Fire Protection in County Service Area 113

This initiative to repeal Ordinance No. 6735 regarding a special benefit tax for structural fire protection in County Service Area 113 was filed by the proponents with the Registrar of Voters on May 8, 2017, and placed on the ballot by the County of San Diego Board of Supervisors. Voter approval of this measure will repeal the Fire Protection Tax for residents who reside in the portion of County Service Area 135 that used to constitute County Service Area 113.

In 1984, the residents of San Pasqual residing in County Service Area 113 voted to assess themselves a special benefit tax for structural fire protection service. From 1984 to 2014, the County of San Diego contracted with the San Pasqual Fire Department, Inc. a volunteer fire company. The San Pasqual Fire Department used the special benefit taxes along with a portion of the Ad Valorum property taxes to fund fire and emergency medical services. Although the contract with the San Pasqual Fire Department was terminated in 2014, the County of San Diego continues to provide fire and emergency medical services to the San Pasqual residents from the San Pasqual Fire Station.

All funding that is collected through a special tax must be spent to the benefit of the residents who pay the tax. In 2010, the boundaries of County Service Area 113 were dissolved and the area was incorporated into County Service Area 135. The County segregates the funds collected to ensure that the special benefit taxes are not spent elsewhere in County Service Area 135.

The annual revenue provided by the Fire Protection Tax is approximately $52,000. The County spent over $186,000 on both operations and maintenance items during its 2016-17 fiscal year. The benefit fee funds only a portion of the funding needed to operate the station. Repealing the tax will increase the residents’ reliance on County funding for maintenance of the San Pasqual Fire Station. If the special benefit tax were to be repealed, services and facility improvements in the San Pasqual area would be prioritized within the other service requirements and projects within County Service Area 135.

 

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE D

In 1984, voters within the County Service Area ("CSA") 113 (San Pasqual) adopted a special benefit tax to be imposed on their properties to pay for fire protection services within CSA 113. In 2008, the San Diego County dissolved CSA 113, and in 2014 terminated its agreement with the volunteer San Pasqual Fire Department that provided fire protection services to CSA 113. Yet the County continues to collect the tax from the residents in the former CSA 113 and directs it to a larger CSA 135 that receives the benefit of the tax without being taxed. The voters within the original CSA 113 desire to repeal the tax because it is a burden on their properties without the specific intended benefit.

STEPHEN J. HOWERZYL
Broard [i][sic][/i] President, San Pasqual Fire Dept. Inc.

— San Diego Registrar of Voters

Arguments AGAINST

ARGUMENT AGAINST MEASURE D

No argument against Measure D was filed in the office of the Registrar of Voters.

— San Diego Registrar of Voters

Read the proposed legislation

Proposed legislation

FULL TEXT OF MEASURE D

INITIATIVE MEASURE REPEALING ORDINANCE NO. 6735 REGARDING SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE PROTECTION IN COUNTY SERVICE AREA 113

By Ordinance 6735 in 1984, the County of San Diego (“County”) proposed adopting an annual special benefit tax for structural fire protection (“Fire Protection Tax”) to be provided in County Service Area (“CSA”) 113 – San Pasqual. The purposes of the Fire Protection Tax include obtaining and operating fire protection equipment and paying salaries and benefits to firefighting personnel within CSA 113. The majority of the voters within CSA 113 voted to have the Fire Protection Tax imposed on their properties to receive fire safety and suppression services.

The majority of voters approved the Fire Protection Tax levied on residential property at maximum of $30 per dwelling; $180 per parcel of 5 acres of more; $195 per commercial or industrial parcel; $ 150 per agricultural parcel; and $75 per parcel of vacant land. The County has been collecting the Fire Protection Tax since 1984.

From 1984 to 2014, the County contracted with the volunteer and charitable non-profit corporation – San Pasqual Fire Department, Inc. – to provide fire protection, as well as medical and emergency services to San Pasqual Region, using the revenues from the Fire Protection Tax.

In 2008, the County dissolved CSA 113, and in 2014 it terminated its operational agreement with San Pasqual Fire Department, Inc. Funds generated from the Fire Protection Tax have been re-directed to a combined service area under the jurisdiction of San Diego County Fire Authority which utilizes Cal Fire for operation and management. Despite the termination of the agreement in 2014, San Pasqual Fire Department, Inc. has continued to exist as a non-profit entity, however, without the benefit of any fire protection authority or the revenues from the Fire Protection Tax. Since the County’s discontinuance of its operating agreement, San Pasqual Fire Department, Inc. has been engaged in the disposition of its capital equipment to other non-profit entities and is in the process of winding up its affairs and dissolving the entity.

The properties within the original CSA 113 continue to pay the Fire Protection Tax, but no longer receive the originally-intended benefit of it. After CSA 113 has been dissolved, the properties within the larger CSA 135, without being taxed, have been receiving the benefit of the Fire Protection Tax levied against the properties within CSA 113.

Therefore, the voters within original CSA 113 desire to repeal the Fire Protection Tax, which is a burden on their properties without the specific intended benefit.

More information

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