March 4, 2020 Staff Report 5.1  Glen Ellen Fire Protection District Reorganization No. 2019-1 (Valley of the Moon FPD, Mayacamas VFD)

Analysis

Background  

The Glen Ellen Fire Protection District provides fire and emergency services to the unincorporated village of Glen Ellen, the Sonoma Developmental Center, and surrounding areas in the Sonoma Valley Region. For fire and emergency services agencies, the Sonoma Valley is designated as Region 3.  

The District has primary responsibility for serving the unincorporated village of Glen Ellen, the Trinity Oaks area, the Sonoma Developmental Center, Jack London State Park, and surrounding rural areas.

The District entered into a contract for services with the Valley of the Moon Fire Protection District in 2018, and Valley of the Moon has been providing management, administration, and firefighter staff to the District since that time.

Valley of the Moon operates as the Sonoma Valley Fire and Rescue Authority, and additionally provides service to the City of Sonoma.  The Authority also provides advanced life support (paramedic) and ambulance transport services through Region 3.

The District has submitted an application by resolution for a reorganization consisting of annexation of the portion of County Service Area No. 40 - Fire Services (“CSA 40”) which is served by the Mayacamas Volunteer Fire Department, and the Valley of the Moon Fire Protection District. An illustrative map of the proposed reorganization is included as Attachment 1.

Glen Ellen is the applicant for this reorganization proposal because the reorganized entity would like to extend Glen Ellen’s parcel tax assessment rate structure over the entire reorganized territory.

The Commission adopted a Municipal Service Review and Sphere of Influence Study (“MSR”) for Region 3 in November of 2019 that extended Glen Ellen Fire’s sphere of influence over the entirety of Region 3, making the Mayacamas and Valley of the Moon territories eligible for annexation to the District as part of a reorganization.

Reason for Request; History

Glen Ellen FPD has experienced a steady decline in volunteer ranks and availability in recent years, a circumstance that was made more acute by the devastating fire emergency in October of 2017.  The board of the District entered into discussions with the Valley of the Moon FPD to secure contracted administrative and leadership services, and, most importantly, career firefighter staffing.

In Region 3 more broadly, there have been regular meetings of elected representatives from all six fire and emergency services agencies to explore regional consolidation.

In 2019, Sonoma LAFCO staff prepared a Municipal Service Review and Sphere of Influence Study that concluded that the six regional agencies should continue to explore consolidation.  The study, which was adopted by the Commission in November 2019, recommended that the Sphere of Influence of Glen Ellen FPD be extended over the remaining five agencies.

The 2019 study noted that several agencies would likely pursue a reorganization in the first part of 2020, while others would potentially join a regional consolidation at a later date.

The first phase of a regional consolidation is represented by this application, which includes Glen Ellen FPD, Valley of the Moon FPD, and the County Service Area 40 territory served by the Mayacamas Volunteer Fire Department.

A combination of the Valley of the Moon, Glen Ellen, and Mayacamas territories will generate additional funding through the extension of parcel taxes over the Mayacamas territory (which has no parcel tax) and the Valley of the Moon FPD territory (which has a lower rate). Although Glen Ellen FPD is the nominal lead agency for the application, the Valley of the Moon Fire Protection District is the lead in terms of all administrative and service provision functions.

District Action

The District board of directors initiated proceedings with LAFCO, by resolution, for annexation of the affected territory on December 10, 2019 (Attachment 2).

District-County Property Tax Allocation Agreement

The District entered into negotiations with the County of Sonoma, and has secured a tax allocation agreement that would will provide dedicated property tax revenue to the District for provision of service to the Mayacamas territory. The Agreement has been approved by both agencies and has been executed. A copy of the agreement is attached (Attachment 3).

Environmental Review

As the lead agency for the proposal, the District found that the proposed reorganization is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15320 of the State CEQA Guidelines because the proposed action does not change the geographical area in which previously existing powers are exercised.

The District also found that the proposal was exempt from CEQA under State CEQA Guidelines Section 15061 (b)(3), the “general rule” exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The change in fire and emergency services provider will not cause a significant effect on the environment.

Staff agrees with the District’s findings regarding the exemptions.

Individual Factors for Consideration

California Government Code section 56668 describes sixteen factors to be considered in the Commission’s review of an annexation proposal. The review must include, but is not limited to, consideration of these factors. The factors are outlined and addressed in Attachment 4.

Need for Public Hearings: Merits and Protest

As indicated earlier in this report, the District initiated the proceedings with the Commission by resolution. In a situation in which it is clear that not all owners of property within the affected territory or all registered voters residing within the annexation boundary have given their written consent to the proposal, state law requires the Commission to conduct a public hearing on the merits of the proposal.

Notice of this public hearing, in English and Spanish, was issued on January 29, 2020. Because of the number of registered voters within the affected territories, notice was provided through placements in the Sonoma Index Tribune, the Sonoma Sun, the Kenwood Press, and the Press Democrat.

Should the Commission approve the reorganization proposal, Staff recommends that a protest proceeding be scheduled commencing on March 12 and concluding at the Commission’s May 6, 2020, meeting. To provide public notice for the protest proceeding, staff will publish notices in the same fashion as for this hearing, and additionally will mail notices to all landowners within the affected territories.

Recommendation

Staff requests that the Commission conduct a public hearing on the Glen Ellen Fire Protection District’s request to annex the affected territories, dissolving the Valley of the Moon Fire Protection District, and detaching the Mayacamas Volunteer Fire Department territory from County Service Area No. 40 (Fire Services).

Staff recommends the following, subsequent to the Commission’s deliberations:  

1. Approve the reorganization, pursuant to the following findings and determinations:
   • The affected territory is contiguous to the boundary of the Glen Ellen Fire Protection District and within the District’s sphere of influence, making it eligible for annexation.
   • The reason for the reorganization is to allow residents of the affected territory to directly receive the full range of services provided by the District.
   • The Municipal Service Review conducted for the District reflects the District’s ability to serve the affected territory.
   • The District has agreed to a tax exchange agreement with the County of Sonoma that, in addition to parcel taxes that will be imposed on the territory, will provide sufficient funding for the District to serve the portion of County Service Area 40 currently by the Mayacamas Volunteer Fire Department.
   • The application of the District’s approved parcel tax rate structure to the Valley of the Moon Fire Protection District territory, replacing Valley of the Moon’s existing approved tax, will provide additional revenue to maintain service levels.
2. Pursuant to the State CEQA Guidelines, find that the proposal is categorically exempt to CEQA, under Section 15320, or, if the proposal could be considered to be a project, find it exempt pursuant to Section 15061(b)(3) the State CEQA Guidelines.
3. Set a protest period beginning on March 12, 2020 and ending at the conclusion of a protest proceeding at the Commission’s regularly-scheduled meeting on May 6, 2020.  

Staff has prepared a draft resolution for the Commission’s review and consideration (Attachment 5).

Alternate Recommendation

None

Attachments 

1. Illustrative map of proposed reorganization
2. District Action – Resolution of Application
3. Tax Exchange Agreement between the County of Sonoma and Glen Ellen Fire Protection District (Executed)
4. Factors for Consideration
5. Draft Resolution