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DATE: April 19, 2005
TO: Board of Supervisors
SUBJECT: Resolution In Response to the Local Agency Formation Commission Request

SUMMARY:
On February 7, 2005 the Local Agency Formation Commission (LAFCO) took action to begin the process to dissolve the unincorporated area's 23 fire protection agencies, and deactivate the fire protection and emergency medical service functions of 5 municipal water districts. LAFCO also took action to request that the County Board of Supervisors initiate proceedings for the formation of a regional fire protection district. State Law authorizes the Board of Supervisors to propose formation of a new district. Since unserved areas outside of the jurisdictional boundaries of existing fire protection agencies would be included in a newly formed regional fire protection district, LAFCO is not authorized to initiate proceedings for formation of the successor agency.

Today's action would adopt the necessary resolution so that the Local Agency Formation Commission can proceed with the reorganization process.

Recommendation
SUPERVISOR DIANNE JACOB AND SUPERVISOR BILL HORN

Adopt the attached resolution and direct the Chief Administrative Officer to communicate the Board's action to LAFCO.

Fiscal Impact
No fiscal impact as a result of this action.

Background
On February 7, 2005 the Local Agency Formation Commission (LAFCO) took action to begin the process to dissolve the unincorporated area's 23 fire protection agencies, and deactivate the fire protection and emergency medical service functions of 5 municipal water districts. LAFCO also took action to request that the County Board of Supervisors initiate proceedings for the formation of a regional fire protection district. State Law authorizes the Board of Supervisors to propose formation of a new district. Since unserved areas outside of the jurisdictional boundaries of existing fire protection agencies would be included in a newly formed regional fire protection district, LAFCO is not authorized to initiate proceedings for formation of the successor agency.

The Board of Supervisors is only responsible for adopting the resolution. No application fees will be incurred and adopting the resolution will not create a funding liability. Over the next 6 months, LAFCO will be completing a macro level report on reorganizing fire protection agencies in the unincorporated area.

Today's action would adopt the necessary resolution so that the Local Agency Formation Commission can proceed with the reorganization process. We urge your support.

Respectfully Submitted,


DIANNE JACOB
Supervisor, Second District

BILL HORN
Supervisor, Fifth District


RESOLUTION OF APPLICATION OF THE BOARD OF SUPERVISORS
TO THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION
FOR THE FORMATION OF A REGIONAL FIRE PROTECTION DISTRICT
IN THE UNINCORPORATED REGION OF SAN DIEGO COUNTY


WHEREAS, the Board of Supervisors desires to make application to the Local Agency Formation Commission, pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.), for the formation of a regional fire protection district in the unincorporated region of San Diego County; and

WHEREAS, on November 2, 2004, voters in the unincorporated portion of San Diego County approved Proposition C, an advisory ballot measure on consolidation of fire agencies, by a margin of 81.01 percent to 18.99 percent; and

WHEREAS, the ballot measure stated that consolidation would result in a better coordinated and enhanced delivery of fire protection and emergency medical services; and

WHEREAS, on February 7, 2005, the San Diego Local Agency Formation Commission (LAFCO) initiated a proposal for a reorganization that includes dissolution of fire protection agencies and deactivation of fire protection and emergency medical service functions of municipal water districts in the unincorporated area of the County after conducting a comprehensive service review pursuant to Government Code Section 56430; and

WHEREAS, approval of the entire proposal initiated by LAFCO would specifically result in the dissolution of 16 Fire Protection Districts, 7 County Service Areas, and the deactivation of the fire protection and emergency medical service functions of 5 Municipal Water Districts, as shown on the attached map; and

WHEREAS, a condition of the LAFCO reorganization proposal is to transfer the service responsibilities from the individual fire protection agencies to a new successor regional fire protection district; and

WHEREAS, LAFCO requested that the Board of Supervisors initiate the formation of a successor regional fire protection district and the Board hereby approves this request, because State Law does not permit LAFCO to initiate district formation proposals; and

WHEREAS, the specific services the regional fire protection district will be authorized to provide consist of the following: fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, and any other services provided in the Health and Safety Code; and
WHEREAS, the formation of a regional fire protection district would provide the following benefits to the unincorporated area of San Diego County:

  • Enhance support for the increased population growth expected in the unincorporated area and the related demand for services.
  • Establish an effective service delivery system throughout unincorporated San Diego County through increased depth of resources, apparatus, and staffing.
  • Facilitate the sharing of resources and improve disaster response through a more robust, unified, and coordinated response effort.
  • Enable everyday needs, such as structural fire protection and emergency medical services operations for medical aid, traffic accidents, rescues, advanced life support response, and hazardous materials response to be adequately met.
  • Create a means to coordinate air operations and improve emergency medical services planning, fire prevention, and fuel management.
  • Establish a single source point for event information, public education, code development and enforcement; and

WHEREAS, State Law requires the Board of Supervisors to specify the number of members of the initial board of directors and the method of their selection; and

WHEREAS, in accordance with this law, the Board of Supervisors specifies that the newly established fire protection district board shall be composed of 11 members (Health and Safety Code Section 13842), unless LAFCO determines that a different number of board members should be elected pursuant to State Law (Health & Safety Code Section 13845(f) and Government Code Section 58886(n)); and

WHEREAS, this Board proposes that the initial board of directors of the newly formed fire protection district be elected at large; however, this Board declares that it would be in the public's best interest for the district board to place a question on the ballot at the first available general or special election, asking voters whether future board members should be elected by division, or at large, pursuant to Health and Safety Code Sections 13846; and

WHEREAS, the financing of the newly established fire protection district should include a wide range of revenue sources, including but not limited to any of the following: property taxes, special taxes and assessments, charges, fees, or any other revenue source available; and

WHEREAS, the Board of Supervisors proposes that the regional fire protection district be called the San Diego County Regional Fire Protection District.

NOW THEREFORE, it is resolved and ordered as follows:

(1) Pursuant to Government Code Section 56650, application is hereby made to the San Diego Local Agency Formation Commission for a proposed formation as follows:

(a) This proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.).

(b) The nature of each proposed change of organization and the names of all districts and county service areas for which any such change of organization is proposed are as follows: The formation of the San Diego County Regional Fire Protection District (District) consisting of all territory within unincorporated area of the County of San Diego, as shown on the attached map.

(c) The Board of Supervisors proposes that the formation of the District shall be conditioned on the dissolution of 16 Fire Protection Districts, 7 County Service Areas, and deactivation of fire and emergency medical services of 5 Municipal Water Districts as contained in the proposal initiated by LAFCO. This proposal is not consistent with the spheres of influence for the affected districts and County Service Areas; however, consistency will be achieved prior to LAFCO's final approval of the fire agency reorganization and district formation proposals.

(d) The reason for this proposal is for the purpose of establishing a regional fire protection district in the unincorporated region of San Diego County.

(e) It is hereby requested that proceedings be taken for the formation as hereinabove proposed.

(2) The Board finds that adoption of this resolution does not constitute an "approval" within the meaning of Section 15352 of the State CEQA Guidelines, and therefore that it can be seen with certainty, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, that adoption of this resolution will not have a significant effect on the environment.

(3) The San Diego Local Agency Formation Commission is requested to take proceedings for the formation of a regional fire protection district in the unincorporated area of San Diego County according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

The Clerk of the Board of Supervisors is hereby authorized and directed to file a certified copy of this Resolution, pursuant to Government Code Section 56756, with the Executive Officer of the San Diego Local Agency Formation Commission.