TranslateStaff Report 4.2 May 6, 2020Protest Proceeding: File No. 2019-20: Glen Ellen Fire Protection District Reorganization No. 2019-1
| Meeting Date: | May 6, 2020 |
|---|---|
| Agenda No.: | Item 4.2 |
| Agenda Item Title: | Protest Proceeding: File No. 2019-20: Glen Ellen Fire Protection District Reorganization No. 2019-1 (Valley of the Moon FPD and CSA 40 – Mayacamas VFD) Involving Annexation to the Glen Ellen Fire Protection District, Dissolution of Valley of the Moon FPD, and Detachment from County Service Area No. 40 (Fire Services) |
| Applicant: | Glen Ellen Fire Protection District |
| Location: | Generally located in the central and central eastern unincorporated areas of the Sonoma Valley region, including El Verano, Boyes Hot Springs, Fetters Hot Springs, and Agua Caliente, and mountainous territory to the east bordering Napa County. |
| Environmental Determination: | Exemptions pursuant to Sections 15320 and 15061(b)(3) of the State CEQA Guidelines |
| Staff Contacts: | Mark Bramfitt |
Analysis
Background
At its March 2020 meeting, the Commission approved a proposal for a reorganization of the Glen Ellen Fire Protection District involving annexation of territory served by the Valley of the Moon Fire Protection District and territory served by the Mayacamas Volunteer Fire Department (part of County Service Area No. 40), and set a protest period that concludes on May 6, 2020.
Staff requests that the Commission conduct a public hearing to receive any testimony from interested parties and, most importantly, to collect any written protests of the reorganization from registered voters or landowners within the reorganization area.
Discussion
In accordance with the provisions of state law, notices of the protest proceeding were mailed to owners of land residing within the reorganization areas. In addition, notice of the protest proceeding was published in the Press-Democrat, the Sonoma Index Tribune, and the Kenwood Press, and posted on the Commission’s website.
Staff has received 48 landowner protests and 30 voter protests as of April 20, 2020, and anticipates that there will not be sufficient protests to warrant verification of either landowner or registered voter petitions. As a result, the Commission’s order of the reorganization will stand. A draft resolution has been prepared (attached) for the Commission’s consideration.
If, however, written protests are delivered to LAFCO prior to the close of the public hearing such that the thresholds listed in state law are reached (25 percent or more of registered voters or 25 percent or more of landowners owning 25 percent or more of the assessed land value within the affected territory), staff would recommend that the Commission seek validation of the protests through the Sonoma County Registrar of Voters and/or the Sonoma County Assessor.
Recommendation
Staff recommends that the Commission conduct a public hearing to receive testimony regarding protests of the Commission’s approval to annex the Valley of the Moon Fire Protection District and Mayacamas VFD territories to the Glen Ellen Fire Protection District. Registered voters and landowners within the detachment area may file written protest petitions prior to the close of the hearing.
If, as expected, the written protests do not approach the thresholds enumerated in state law, staff recommends that the Commission adopt the attached resolution.
If it appears that written protest petitions may be sufficient to meet the thresholds, staff recommends that the Commission direct staff to undertake activities to determine the validity of petitions.
Attachments
1. Draft Resolution