It is past time to let Fresno’s sales-tax hike take effect and improve the city’s parks

One of the most important court decisions in recent memory involving Fresno was handed down last week when the state’s Fifth District Court of Appeal ruled that the 2018 parks and arts tax known as Measure P had been approved by voters after all.

As a result, the city can increase the sales tax within its boundaries by three-eighths of a percent, with those proceeds going to fund repair of existing parks, the creation of new ones and the support of cultural arts.

When the measure was proposed two years ago, it was envisioned to raise $37.5 million annually. Such funding would dramatically help boost the city’s spending on parks, which are in dismal shape, to put it nicely.

Fresno routinely places at the bottom of the national ParksScore ranking issued every year by The Trust for Public Land. This year Fresno came in 92 out of the 100 largest cities in America for the quality and quantity of its parks.

The city did poorly on how much acreage and money it devotes to parks (17 out of 100 in both categories) as well as amenities (42 out of 100). It only crossed the midway mark in the judging for access (51 out of 100).

In 2017, Fresno spent $35.33 per capita on parks. By comparison, Bakersfield spent nearly $74 and Sacramento devoted $118.56.

Two years ago the backlog of deferred maintenance totaled $225 million.

It is important to note that most of the rundown parks are south of Shaw Avenue. Young people from those neighborhoods were the ones who originated the idea of getting new money to restore their parks and community pools so they could recreate.

Opposing tax

Mayor Lee Brand was a main opponent two years ago. He contended that Measure P devoted too much money to parks for too long a time — 30 years. He worried about taking money away from other pressing needs Fresno has, that of fully funding police and fire departments.

Then-Police Chief Jerry Dyer joined the police officers union and Fire Chief Kerri Donis in also opposing Measure P.

Despite such powerful opposition, the measure was approved by 52% of the voters. But it was understood that such a tax measure needed two-thirds, or 66% approval, to pass.

Fresno’s Building Health Communities, a key Measure P backer, argued the simple majority was sufficient and it took the matter to court.

The appellate court’s opinion, authored by Justice Mark W. Snauffer, determined that Proposition 13, California’s landmark initiative limiting property-tax hikes, did not recognize how the state election code allows a local measure to take effect when it gains a simple majority.

Wanting better parks

Even so, opponents were quick to criticize the ruling, and promise an appeal to the California Supreme Court.

The Howard Jarvis Taxpayers Association, the anti-tax group whose founder was the champion of Proposition 13, said it would appeal the latest ruling to the high court because the appellate decision would do away with the two-thirds requirement, long a bedrock stipulation in tax measures.

Other conservative critics have said the decision will inspire the Fresno City Council to seek new taxes for a host of desires.

That’s a stretch. Measure P was carefully crafted to meet a specific need — the city’s woeful parks funding. Besides, the council has not given any indication it is tax-happy, and with the economic stress brought on by the pandemic, pushing more taxes would be politically foolish.

Give Dyer and Brand credit for political savvy, as both were quick to accept the court’s ruling. Brand said the city would not file any appeal, and Dyer promised as mayor-elect to work with the council and residents to improve the parks.

Fresno has aspirations to be a great city. But it has one of the highest poverty rates of major American communities. So realistically, the only method to generate funding for parks is through a new tax. For that reason, The Bee backed Measure P two years ago and criticized opponents as being short-sighted.

Thankfully, the appellate court did what Fresno’s political leaders would not. If the case is taken up by the Supreme Court, here is hoping that body recognizes the clear intent of Fresno’s voters. They simply want better parks, and are deserving of just that.