HomeMy WebLinkAboutMINUTES - 07191988 - 1.21 BOARD OF SUPERVISORS _� `a�
FROM: C tra
Phil Batchelor
County AdministratorCoosta
DATE: July 12, 1988 C ^
SUBJECT: Legislation: Senate Bill 2050 (Maddy)
SPECIFIC REQUEST(S) OR RECCMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position. in opposition to SB 2050 by Senator 'Maddy which
would require LAFCO to condition a change in the size of a fire
protection district by requiring that the district which is
gaining territory or duties from another fire protection district
hire a specified number of firefighters to handle the new
territory or duties, based on a formula to be developed by LAFCO.
BACKGROUND-
Currently, the responsibility to determine the staffing levels of
.fire protection districts rests with the governing board of the
district. If districts are consolidated, or a portion of one
district is moved to another district, the governing board of the
district which is gaining the territory or additional duties is
responsible for insuring an adequate level of fire, protection.
Senator Maddy has introduced SB 2050 which, as, amended May 26 ,
1988 , would require LAFCO to develop a formula based on the
assessed value of the territory being taken over. This formula
could not exceed the amount of assessed value which would
generate three times the annual salary of one full-time
firefighter. Meeting the additional firefighter staffing
required by this formula would be a condition on the: transfer of
the territory or assumption of additional duties.
There are a number of problems with this legislation:
1. It intrudes on the responsibility of an independently
elected governing board to determine how its budget will be
spent and what level of staffing is required and affordable.
2 . It does not take into account varying levels of assessed
value which might be transferred, depending on ,how recently
property has changed hands and, therefore, been reassessed.
For example, property which has recently been reassessed to
current market value would require a far higher level of
firefighter staffing than would property which has not
,changed hands and, therefore, is still assessed at its 1975 /
CONTINUED ON ATTACFMENT: YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON July 19 1988 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES:' AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Listed 011 Page 2 ATTESTED JUL !19 1988
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY � P./�� ,DEPUTY
I ;
Page 2
value plus 2% a year. This variation has nothing whatever
to do with the level of firefighter staff that is required
to protect the .property..
3 .. The . only direction given to LAFCO is to develop a "fair and
equitable" formula, . except that the legislation dictates the
minimum level of staffing that could be required. No
maximum is required; thereby allowing LAFCO to develop a
formula which would dictate much higher levels of staffing
than currently exist, in the rest of the district, or than are.
supportable. This could lead to situations where one part
of a district has a substantially higher level .of staffing
than another part of the district.
4. SB 2050 subverts the "meet and confer" requirements of the
Meyers-Mi lias-Brown Act by- dictating what staffing levels
shall be in recently annexed portions of a district rather
than allowing fo'r free and open discussion of what level of
staffing can be afforded. .
5 . SB 2050 allows a body to dictate staffing levels for fire
service upon annexation of territory, but not for any other
service which the territory being annexed may require.
6 . By .allowing LAFCO to dictate staffing levels .in this way,
the bill allows a body which has no ongoing responsibility
to provide fire service to dictate staffing levels with
which the fire district' s governing board must then deal
forever after.
Because. SB 2050 undermines the authority and responsibility of
the Board of Supervisors to determine the level of staffing in
Board-governed fire 'districts, it is recommended that the Board
oppose SB 2050.
SB 2050 passed the Senate. June 8 and is currently on referral .to
the Assembly Local Government Committee.
cc: County Administrator
Chiefs, Consolidated, Riverview, West County,
Moraga, Orinda Fire Districts
County Counsel
Personnel Director
Executive Officer, LAFCO
Senator Ken Maddy
Ralph Heim, Jackson/Barish.