4.2 Staff Report

Analysis

Background

The boards of directors of the Windsor Fire Protection District (Windsor FPD or District), Bennett Valley Fire Protection District (Bennett Valley FPD), and Rincon Valley Fire Protection District (Rincon Valley FPD), and the Sonoma County Board of Supervisors, acting as the board of directors of County Service Area 40 (Fire Services) (CSA 40), concurrently initiated proceedings with the Commission for a reorganization involving dissolution of the Bennett Valley and Rincon Valley FPDs, detachment of the Mountain Volunteer Fire Company-served area of CSA 40, and annexation of all those territories to the Windsor FPD.

At its meeting on February 6, 2019, after a series of related and prerequisite actions at the same meeting, the Commission approved the requested reorganization to ultimately support the formation of a single, unified district in the central portion of the County. At the same meeting, the Commission had included in the Windsor FPD sphere of influence territory in adjacent Integrated Response Plan (IRP) areas and, as part of the overall reorganization, approved these areas’ annexation to the Windsor FPD. IRP areas are those which receive fire protection through contractual arrangements with neighboring fire protection districts.

As projected, a reorganized district would provide fire protection and emergency services to about 180 square miles of territory. The District would be called the Sonoma County Fire District. Owners of property annexed to the reorganized district would be subject to parcel taxes already in place in the Windsor FPD.

Legal Requirements: Protest Proceeding; Commission Authority

< Because not all owners of land within or registered voters residing within the affected territory of the Bennett Valley and Rincon Valley FPDs and the portions of CSA 40 that would become part of the reorganized district have provided their written consent to the reorganization, state law requires the Commission, as the conducting authority, to notice and hold a protest proceeding on the question of the reorganization.

The Commission must follow requirements of state law associated with protest hearings:

• The protest period must be at least 21 days, ending at the conclusion of the Commission’s public protest hearing.
• The notice of protest hearing must be published in a newspaper of general circulation and posted at/near the meeting room of the Commission and on the Commission’s website at least 21 days prior to the public hearing.
• Because a previously authorized parcel tax would be extended to all territory annexed to the reorganized district, the notice of protest hearing must be mailed to each landowner within the affected territory.
• Because there are more than 1,000 registered voters within the area proposed to be annexed, state law allows publication of a notice in the newspaper instead of notices mailed to each registered voter.
• All written protests must be received by the close of the public protest hearing on April 3, 2019.

In compliance with the provisions stated above, the notice of the protest hearing was published in the Press-Democrat, posted outside the County Board of Supervisors Chambers, and posted on the Commission’s website on March 6, 2019, 28 days prior to the Commission’s protest hearing. In addition, the notice was sent out to landowners within the District. All the notices were printed in both English and Spanish.

State law stipulates what a written protest must contain to be considered valid and to be counted.

• A protest submitted by a registered voter residing within the affected territory must be signed and dated and must include the name of the voter and the voter’s residence address.
• A protest submitted by a landowner must be signed and dated and must include the name of the landowner, the street address of the land owned within the affected territory, and the Assessor’s Parcel Number or other description to identify the location of the property.

As a courtesy to those who wish to protest, staff developed a protest form for owners and voters to complete. Protest forms were included in the mailed notices, have been accessible on the LAFCO website, and have been available at the LAFCO office.

There are three potential outcomes of a protest proceeding:

• If less than 25 percent of the registered voters residing within the affected territory or less than 25 percent of the number of landowners who own at least 25 percent of the total assessed land value within the reorganization area file and do not withdraw written protests, the reorganization is ordered.
• If 50 percent or more of the registered voters residing within the reorganization area file and do not withdraw written protests, the reorganization is terminated.
• If at least 25 percent of landowners who own at least 25 percent of the assessed land value or at least 25 percent of registered voters residing within the affected territory file and do not withdraw written protests, the reorganization is orderedsubject to an electionby the registered voters residing within the affected territory. Should an election be ordered, only registered voters residing within the affected territory can participate.

At the Commission meeting, staff will state the number of protests received, up to that time, from property owners and registered voters. Because protests may be submitted up to the conclusion of the protest hearing, the total number of protests will be announced after the public hearing is closed.

If the number of protests by owners or voters appears to be near the 25 percent threshold described above, staff will request Commission authorization for an extension of time to allow staff to work with the Registrar of Voters and/or Assessor’s Office to verify the written protests. Staff would report to the Commission at the May 1, 2019, meeting.

If the number of protests falls substantially below the threshold, staff will recommend that the reorganization be ordered.

Recommendation 

Based on the level of written protests received as of the writing of this report, staff recommends that the Commission order the reorganization as approved on February 6, 2019. Staff has prepared a draft resolution, for Commissioners’ review and action.

Alternate Recommendation 

Should the Commission determine, after the close of the protest hearing on April 3, 2019, that the level of written protests submitted appears to be near the 25 percent protest threshold discussed above, staff recommends that the Commission direct staff to: (1) coordinate with the Registrar of Voters and/or Assessor’s Office to verify protests; and (2) report the results at the Commission’s May 1, 2019, meeting to determine next steps.

Attachments 

1. Draft Resolution