TranslateStaff Report 4.3 May 6, 2020Protest Proceeding: File No. 2019-19: Sonoma County Fire Protection District Reorganization No. 2019-04
| Meeting Date: | May 6, 2020 | |
|---|---|---|
| Agenda No.: | Item 4.3 | |
| Agenda Item Title: | Protest Proceeding: File No. 2019-19: Sonoma County Fire Protection District Reorganization No. 2019-04 (Bodega Bay FPD and Russian River FPD) Involving Annexation to the Sonoma County Fire Protection District, and Dissolution of Bodega Bay FPD and Russian River FPD. | |
| Applicant: |
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| Location: | Bodega Bay FPD serves unincorporated territory including Bodega Bay, the Salmon Creek and Carmet areas, and the Wright Hill Road area in the western coastal area of the County. Russian River FPD serves the unincorporated communities of Guerneville and Rio Nido and surrounding areas in the Russian River region in western Sonoma 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 Sonoma County Fire Protection District involving annexation of territory served by the Bodega Bay Fire Protection District and the Russian River Fire Protection District and set a protest period that concludes on May 6, 2020.
The Commission imposed a condition of approval regarding the Bodega Bay FPD portion of the proposed reorganization, indicating that a financial agreement be secured between the applicant and the County of Sonoma to provide financial resources to support the reorganization. That deadline passed, and an agreement has not been secured; therefore, the reorganization is approved solely for the Russian River FPD territory.
(It is staff’s understanding that an agreement to support the operations of the Bodega Bay Fire Protection District is still being considered, and a subsequent application for reorganization may be filed.)
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 and the West County Times, and posted on the Commission’s website.
Staff has received 31 landowner protests and 14 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. (Protests from the Bodega Bay FPD portion of the reorganization territory were not included in the tally.)
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 Russian River Fire Protection District territory to the Sonoma County 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