Please ensure Javascript is enabled for purposes of website accessibility
Measure P Attorney Asks City to Start Collecting Fresno Parks Tax
David Website Replacement
By David Taub, Senior Reporter
Published 6 years ago on
January 24, 2019

Share

Measure P, the 2018 sales tax initiative for parks, may not have failed after all.
Last November, 52% of Fresno voters favored it. However, voters were told it needed two-thirds approval to pass. Thus, the measure failed.
Or did it?
An attorney, on behalf of Measure P advocate Fresno Building Health Communities, wrote a letter to Mayor Lee Brand, noting that based on a recent court decision, the city should consider Measure P approved.
As first mentioned in GV Wire back in August, tax measures need two-thirds’ approval if they go for a specific purpose, such as parks in the case of Measure P. However, a 2017 state Supreme Court ruling in the Upland case, opened the door to a lower standard for approval if the ballot measure was brought forth by citizen petition.
And that’s what happened with Measure P. Backers qualified it for the ballot by collecting 27,623 verified signatures — 4,000 more than legally required.

Attorney Letter

Attorney Lance Olson of Sacramento, sent Brand a letter, dated Jan. 23, reasoning that because of the Upland case and interpretations from other jurisdictions, Measure P should have passed.
“We believe this conclusion (of Measure P failing) is based on erroneous interpretation of the law and request that the City declare that Measure P was, in fact, approved by the voters,” Olson wrote.
Olson requests the city “immediately begin negotiations with the California Department of Tax and Fee Administration” to start collecting the sales tax. It gives the city a Jan. 31 deadline to respond “so that my client may determine if litigation is an appropriate recourse.”
But, tax advocacy groups disagree with Olson’s legal reasoning.
“The attorney in this case seems to be trying to stretch the Upland case to reach a decision it didn’t actually reach,” said David Kline, spokesman for the California Taxpayers Association.
Kline says it would be inherently unfair to changes the voting rules after the fact.
“It’s breaking the will with the voters. The ballot accurately described it as a two-thirds vote measure. It didn’t get two-thirds vote. Therefore, it failed. It’s just that simple,” Kline said
[tnc-pdf-viewer-iframe file=”http://www.gvwire.com/wp-content/uploads/2019/01/Mayor-Brand-Lt-re-Measure-P-18-01-23.pdf” width=”700″ height=”800″ download=”true” print=”true” fullscreen=”true” share=”true” zoom=”true” open=”true” pagenav=”true” logo=”true” find=”true” current_view=”true” rotate=”true” handtool=”true” doc_prop=”true” toggle_menu=”true” language=”en-US” page=”” default_zoom=”auto” pagemode=””]

Mayor Reacts

Brand emailed GV Wire his reaction through his communications department.
“We received a letter from their attorney late yesterday afternoon and while we are consulting with our legal department to understand our options, it has been and will continue to be our policy not to comment on pending or threatened litigation,” Brand said.
He is worried this latest action will be divisive.
“However, I believe this action will make it much more difficult, if not impossible, to unify the community in support a balanced measure that not only seeks to remedy our deficiencies in parks, but also in public safety and many other areas where the City does not have sufficient resources to provide the necessary services our residents deserve and need,” Brand continued.

Measure P Recap

The three-eighths of a cent sales tax would be dedicated to Fresno parks and related programs. The contentious campaign pitted parks and social justice advocates against Brand, public safety advocates and some in the building development community.
Darius Assemi, president of Granville Homes, opposed Measure P. Assemi is the publisher of GV Wire.
Despite spending millions, the Yes on P side, headed by former Mayor Ashley Swearengin, fell short of the two-thirds threshold cited by the city and set by Proposition 218, a voter-approved law passed in 1996 that set rules for raising taxes.
There was a legal skirmish heading into the election, when Yes on P advocates revealed that the city sent the incorrect ballot language to the county election office. In a settlement, the city agreed to mail postcards with the correct language to all registered city voters.
Bitter feelings linger. Fresno Building Healthy Communities president and CEO Sandra Celedon wrote a scathing op-ed for The Fresno Bee, saying Brand sold out the community.
“Brand lied to undermine Measure P and then lied that police and fire would suffer if it passed,” Celedon wrote.
Measure P advocates said that No on P’s main message — dedicating tax dollars to parks would take away from public safety — was a false narrative.

BHC’s Independent Action

Larry Powell, the former county superintendent and one of the public faces of the Yes on P campaign, says BHC sent the legal letter to the city independently of the committee as a whole.
In a statement, though, the committee seems to support the idea.
“Fresno Building Healthy Communities was instrumental in the ‘Yes On P’ campaign and has been a leading voice for Fresno’s parks and youth for many years, so it is no surprise to us that this group has come forward with a request for action on the approval of Measure P. There are probably community groups across the state who are looking to the courts at this time for clarification on requirements for citizen-led campaigns, and Fresno is no different. While our campaign has not taken its own legal action at this time, we are supportive of Fresno BHC’s decision to take this next step and await the courts decision on this critical issue for community groups across California,” said campaign spokeswoman Natasha Biasell by email.

Upland Case

But, Upland’s interpretations are up for debate.
In that 2017 court case, advocates for a cannabis tax initiative in the city of Upland (San Bernardino County) collected enough signatures to compel the city council to put the item in front of voters. However, there was an issue over the timing of the election.
That disagreement led to the ruling from the state Supreme Court, at least on that specific issue: Prop. 218 only applies to tax initiatives borne of a city council decision to place it on a ballot, and not to the signature gathering process.
The ruling did not directly answer the question of whether that applied to the two-thirds standard as well.
But, as noted in Olson’s letter to the city, San Francisco officials deemed that tax initiatives last year receiving more than 50% but less than two-thirds had passed. The two initiatives, both Measure C (one in June, one in November) were similar to Fresno’s Measure P in that they were placed on the ballot via petition and would raise a tax for a specific purpose.
The Howard Jarvis Taxpayers Association filed suit over the June measure. That case is the preliminary process in San Francisco Superior Court.

HJTA Resolve in its Stance

Laura Murray, HJTA attorney, feels confident Measure P’s result will not change.
“Since Measure P had a special purpose, the City of Fresno was correct to declare that it required a 2/3 vote. Upland did not change this requirement,” Murray said.
“In fact, the Upland court expressly declined to take up the issue mischaracterized as a holding in the letter (sent by BHC’s attorney),” Murray continued.
Murray said more problems could arise if the Measure P’s results do change.
“It poses a second legal problem if the City declared in the ballot materials that a 2/3 vote was required, but then backtracks. Voter behavior may be affected, and in any event, the ballot materials cannot be misleading,” Murray said.
The Lincoln Club’s Mike Der Manouel Jr., who opposed Measure P, is ready for battle.
“Given that the opposition campaigns were designed to produce a 34%, not a 51% no vote, we (the Lincoln Club) would join any litigation against the declaration of passage of Measure P,” Der Manouel said.
He added that many other jurisdictions in the state would join Fresno’s side if it goes to court.

DON'T MISS

From Blue Cheese to Bacon: Peanut Butter Pairings That Will Shock You

DON'T MISS

Challengers Seek Seats on Tulare County Irrigation District Boards

DON'T MISS

Shy Pup Finds Hope with Foster Family, Evasion from Euthanasia

DON'T MISS

Does Dill Have Magical Powers? What People Once Believed Food Could Do

DON'T MISS

Let’s Keep Innovative Partnerships Crucial to Combating Climate Change: Fresno Dairy Manager

DON'T MISS

Immediate Threat: Mussel Invades California’s Delta, First Time in North America

DON'T MISS

Two-Time Cy Young Winner Blake Snell Opts Out of Contract with Giants

DON'T MISS

No Matter the Outcome, We Are the True Losers of This Election

DON'T MISS

Russia’s Swift March Forward in Ukraine’s East

DON'T MISS

Rapper Young Thug Is a Free Man. Here Are Things to Know About His Plea.

UP NEXT

Shy Pup Finds Hope with Foster Family, Evasion from Euthanasia

UP NEXT

AMOR Wellness Trunk-or-Treat Brings 700 Mendota Residents Together for Halloween Fun

UP NEXT

What Kind of Trouble Is Miguel Arias Trying to Stir Up This Time?

UP NEXT

Fresno Man Shot to Death at NW Apartment Complex Is Identified

UP NEXT

SJV Water Founder Lois Henry Receives Prestigious Reporting Award

UP NEXT

Visalia Rollerblader Suffered Major Injuries After Being Struck by Vehicle

UP NEXT

Local Candidates Make Final Pitches at Fresno Hispanic Foundation Event

UP NEXT

Fresno County Man Indicted for Possessing Stolen Guns

UP NEXT

MAGA Hats OK at Polls, but Electioneering Is Strictly Prohibited

UP NEXT

Bulldogs’ DB Cam Lockridge Is Ballin’ Out, Has Sights Set On NFL

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Does Dill Have Magical Powers? What People Once Believed Food Could Do

1 hour ago

Let’s Keep Innovative Partnerships Crucial to Combating Climate Change: Fresno Dairy Manager

2 hours ago

Immediate Threat: Mussel Invades California’s Delta, First Time in North America

14 hours ago

Two-Time Cy Young Winner Blake Snell Opts Out of Contract with Giants

15 hours ago

No Matter the Outcome, We Are the True Losers of This Election

15 hours ago

Russia’s Swift March Forward in Ukraine’s East

15 hours ago

Rapper Young Thug Is a Free Man. Here Are Things to Know About His Plea.

15 hours ago

AMOR Wellness Trunk-or-Treat Brings 700 Mendota Residents Together for Halloween Fun

15 hours ago

What Kind of Trouble Is Miguel Arias Trying to Stir Up This Time?

15 hours ago

MrBeast Probe Ends With Some Employees Fired but Finds No Proof of Sexual Misconduct Allegations

16 hours ago

From Blue Cheese to Bacon: Peanut Butter Pairings That Will Shock You

Peanut butter is a childhood staple for many in the United States. Whether it’s a classic PB&J sandwich, a fluffernutter, cookies ...

3 mins ago

3 mins ago

From Blue Cheese to Bacon: Peanut Butter Pairings That Will Shock You

4 mins ago

Challengers Seek Seats on Tulare County Irrigation District Boards

18 mins ago

Shy Pup Finds Hope with Foster Family, Evasion from Euthanasia

1 hour ago

Does Dill Have Magical Powers? What People Once Believed Food Could Do

2 hours ago

Let’s Keep Innovative Partnerships Crucial to Combating Climate Change: Fresno Dairy Manager

14 hours ago

Immediate Threat: Mussel Invades California’s Delta, First Time in North America

15 hours ago

Two-Time Cy Young Winner Blake Snell Opts Out of Contract with Giants

15 hours ago

No Matter the Outcome, We Are the True Losers of This Election

Search

Send this to a friend