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Barry Jantz

Sunday San Diego: Repealing the “Inviting” Crash Tax

It’s no surprise that members of the Oceanside City Council don’t like the idea of their city being labeled a “predatory community.”  Yet, that’s the reference George Skelton used in a February Los Angeles Times column to describe Oceanside and other California cities that have imposed “crash tax” ordinances, including Carpinteria, Costa Mesa, Fullerton, Garden Grove, Hemet, Petaluma, Redlands, Ripon, Roseville, Sacramento, San Bernardino, Stockton, Tracy, Woodland and several others.

The crash tax is generally defined as a fee imposed on those getting in an accident that results in the dispatch of paramedics, firefighters or other emergency responders.  Some cities impose it only on visitors or those “traveling through,” not their own residents.

Very inviting.

Many are calling it double taxation.  State Senator Tony Strickland has introduced legislation, SB 49, that would ban the practice.

Councilmembers in Oceanside aren’t waiting around to see if Strickland’s bill makes any headway in a legislature not exactly known for doing away with fees and taxes or imposing its will on local communities, unless of course it means more money for the state.

On Wednesday, the Oceanside City Council will consider repealing its crash tax ordinance, which was adopted last year (and prior to the November election which saw a shift in the council’s philosophical balance of power in the conservative direction).

New Councilman Gary Felien, a longtime local Republican Party leader, announced the repeal effort on Thursday (see San Diego Rostra entry), saying, “Other cities around the county and state are using Oceanside’s crash tax as a justification to pass their own version.  It’s time to let them know that this tax isn’t working and will never work … the city has collected approximately six percent of projected revenues … As a beach and destination community, we should strive to welcome visitors, not frighten them away with over-reaching policies.”

Ben Sullivan, an aide to Oceanside Councilman Jerry Kern writes:

The Oceanside ordinance was adopted to bill non-residents for fire department responses to accidents within the Oceanside city limits. Traditionally, fire services are paid for by residents of every city to respond to all incidents regardless of their residency.

The current trend for most California cities to adopt something like this could eventually impact almost every California resident having to pay such a “tax” as most motor vehicle accidents occur within 25 miles of home. For those unfortunate local citizens and tourists, this just means more taxes for the same service.

As cities become strapped for cash, they look for ways to increase fees and taxes. In Oceanside’s case this “Crash Tax” ordinance was adopted May 5, 2010. The Fire Chief over sold the program when he estimated “revenue for the upcoming budget year is a conservatively estimated at $266,000″. As of this week (over 8 months into the budget year) they have collected approximately $15,000.

When the Fire Chief was asked by Coucil Member Kern, “have you adjusted your budget in anticipation of this shortfall?” he responded, “no”. When asked if he planned to adjust his budget, he said, “no”.

Council Member Kern and Felien are now moving to remove this trend to “tax on top of taxes.”

With the Oceanside vote coming up on Wednesday, timing is everything.  Today’s San Diego Union-Tribune hi-lites a “point-counterpoint” on the issue, while also weighing in with its own editorial…

It’s a sneaky route to double taxation, by Isabelle Espino, president of the Chula Vista Civic Association

This fee holds people responsible for their actions, by Chief August Ghio, San Miguel Consolidated Fire Protection District

The U-T editorial, ‘Crash tax’ a concept with a hidden cost, notes the following:

There is a slow trend toward adoption of crash taxes in this region. East County’s San Miguel Consolidated Fire District and North County Fire (Fallbrook) have them. So do National City and Oceanside. Vista seems to be hearing the siren call of extra cash. Chula Vista’s council considered it last year but apparently heard the four-alarm warning of enraged citizenry and ran for cover.

The issue, simply put, is this: “What are our taxes paying for?” Cities that impose the fee only on nonresidents are tacitly admitting that residents do pay taxes. But they are also dooming themselves to minuscule collections.

Wednesday’s Oceanside vote would mark the first San Diego area agency to rescind a crash tax.

You may contact the city council at council@ci.oceanside.ca.us

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Barry’s prior posts.