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HomeMy WebLinkAboutMINUTES - 03171987 - 2.1 TO- - BOARD OF SUPERVISORS FROM: Phil Batchelor Contra County Administrator Costa DATE: March 11, 1987 County SUBJECT: Legislation: Senate Bill 515 (Bergeson) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Adopt a position in opposition to SB 515 by Senator Marian Bergeson unless it is amended as provided for below. BACKGROUND: SB 5.15 proposes to enact the Fire Protection District Law of 1987 . SB 515 repeals the existing Fire Protection District Law and replaces it with a substantially revised Fire Protection District Law. There are numerous changes to the existing law, most of which are not of substantial concern to this office, or the Board. There are, however, three changes to SB 515 as it was introduced, which we believe are vital in order for the Board of Supervisors to retain control over presently Board-governed fire districts. A committee of fire personnel, and other interested parties, worked throughout 1986 to draft this legislation and attempt to reach consensus on its provisions. Our County participated in these meetings and attempted to obtain the three amendments which are detailed below. We were. unsuccessful in obtaining the language we requested. Since the amendment or defeat of exactly this type of legislation is included in the Board' s 1987 Legislative Program, we feel compelled to recommend that the Board oppose SB 515 unless the following three amendments are incorporated: 1. The bill, as introduced, specifies that: "any fire protection district organized or reorganized pursuant to the Fire Protection District Law of 1961, or any of its statutory predecessors which was in existence on January 1, 1988, shall remain in existence as if it had been organized pursuant to this part. " Those who drafted this language maintain that it "grandfathers" in all existing districts. County Counsel believes this language may not provide the level of protection desired by the Board of Supervisors. Mr. Westman has, CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 6& 44 ACTION OF BOARD ON March 17, 1987 APPROVED AS RECOMMENDED X_ OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X 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. County Administrator MAR 17 1987 CC: Chiefs , All Fire Districts ATTESTED _ _ County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Kathy Snodgrass, Jackson/Barish SUPERVISORS AND COUNTY ADMINISTRATOR Larry Naake, CSAC Senator Marian Bergeson M382/7-83 BY ,DEPUTY Page 2 1 . (continued) therefore, suggested that the following language be added to the end of the sentence quoted above: "except that the number and method of selection of its board of directors shall be governed by the provisions of Chapter 4 of the Fire Protection District Law of 1961 as if said chapter had not been repealed" . This additional language would, we believe, more clearly declare the intent of the Legislature that the existing method of determining the membership of the board of directors of a fire district which is now in existence not be changed by SB 515 . This additional language was not acceptable, leading one to believe that the proponents of SB 515 intend that the method of selecting the board of directors of a fire protection district be subject to the provisions of SB 515, thereby providing no protection whatever to existing districts. 2 . The bill, as introduced, provides that a petition may be circulated calling for a different method of selecting the board of directors of the district. If the petition is signed by 250 of the registered voters in the district, the board of directors of the district is required to place the issue on the ballot. The question can include whether a currently appointed board of directors should be independently elected. County Counsel has suggested language be added requiring that the proposal for a change in the method of selection of the district board be submitted to LAFCO for its approval or disapproval. This amendment was not acceptable, leading one to believe that the proponents of SB 515 may wish to be in a position to be able to force elections on making presently board-governed districts independent districts with no further review other than the filing of a petition signed by 250 of the voters, and an election on the question by the residents of the district. A corresponding amendment was suggested by County Counsel to the powers and authority of LAFCO. Under SB 515, as introduced, the only way the Board of Supervisors could continue to appoint itself as the governing board of a district which includes both incorporated and unincorporated territory would be to obtain a majority approval from the City Council of every city in the district. 3 . Finally, there is some confusion in SB 515 regarding whether a fire district can adopt building regulations which conflict with those which have been adopted by a city or county. It has been suggested by County Counsel that provisions be added to resolve conflicts where a city or county and a district adopt inconsistent building regulations. No such clarification was included in SB 515, as introduced. If the Board of Supervisors wishes to continue to govern the fire districts it now governs, we believe the amendments suggested by County Counsel in items 1 and 2 above are critical. In the absence of these amendments and clarification of any potential conflicts as outlined in item 3, we recommend that the Board oppose SB 515.