On December 17, 2018 the Board of Supervisors adopted a resolution supporting the Springlake FPD Change of Organization to a dependent district. The intention is for the Board of Supervisors to delegate its authority back to a fire commission, essentially re-appointing the existing FPD board members as fire commissioners. However, it needs to be understood that ultimate authority would rest with the Board of Supervisors and it can take such delegation back if desired for any reason. This would also allow the FPD to continue functioning should the fire commission lose its quorum and become unable to take action.
Factors to be Considered
In accordance with Government Code Section 56668, the factors to be considered in the review of a proposal shall include, but is not limited to, all of the following:
- Population, land use, natural boundaries, proximity to other populated areas, and likelihood of significant growth in the area during the next 10 years;
- The need for organized community services, the adequacy of governmental services and controls in the area, the probable effect of annexation and alternative courses of action;
- The effect of the proposed action (and alternative actions) on the adjacent areas, social and economic interests and local governmental structure of the county;
- The conformity of the proposal and its effects with adopted commission policies on providing planned, orderly and efficient patters or urban development;
- The effect of the proposal on maintaining the physical and economic integrity of agricultural lands;
- Creation of "islands" or corridors of unincorporated territory;
- A regional transportation plan;
- The proposal's consistency with city or county general and specific plans;
- The sphere of influence of any applicable local agency;
- The ability of the receiving entity to provide services and the sufficiency of revenues for those services;
- Availability of water supplies;
- The extent to which the proposal will affect a city in achieving its regional housing needs as determined by its council of governments;
- Any information or comments from landowners, voters or residents of the affected territory;
- Any information relating to existing land use designations;
- The extent to which the proposal will promote environmental justice, meaning the fair treatment tof people of all races, cultures and incomes with the respect to the provision of public services; and
- Any local hazard plan or safety element of a general plan that identify land as a very high fire hazard zone.
Yolo LAFCo's local standards of evaluation for proposals (Section 2.0) elaborates on these state mandated factors with the following additional standards:
- Favoring municipal services by cities in urbanized areas rather than the County or special districts;
- Consider not only present service needs of the area under consideration, but shall also consider future services which may be required to take care of future growth or expansion;
- Requiring a service plan that describes the extension, financing and timing of services;
- SACOG's regional housing needs for the agency, recent update (and certification) of the agency's housing element, whether the agency's inclusionary housing ordinance complies with SACOG's Affordable Housing Compact, the degree to which the proposal meets the agency's "low income" and "very low income" housing targets, and the extent to which the proposal advances or inhibits the agency's housing element; and
- Consistency with the Agricultural Conservation Policy.
Analysis
The proposal would have no effect on growth patterns, land use or agricultural land. It does not change any services provided by Springlake FPD or its service territory. This proposal involves a governance change only, similar to establishing a subsidiary district although this would be to Yolo County and not a city. This LAFCo action would not affect any of the existing Springlake FPD contracts, which would continue enforce per existing terms. Existing property taxes and any assessments/fees would also not be affected by this action. The governance change would become effective at the beginning of the next fiscal year on July 1, 2020.
Protest Proceedings
The proposal is subject to protest proceedings if approved by LAFCo. If approved at the hearing, LAFCo will give notice (via a 1/8th page display ad in the Woodland Democrat) of the protest hearing to all residents in the Springlake FPD territory. The Executive Officer would likely set the protest hearing for our May 28, 2020 meeting. If protest is filed by less than 25% of the registered voters or landowners, the Commission shall order the change of organization. If between 25% - 50% of the voters/landowners file protests, the Commission shall order the change of organization subject to an election. Over 50% protest automatically terminates the proposal.
CEQA
CEQA Public Resources Code Section 15320 (Class 20) provides for a Categorical Exemption for Changes in Organization of local agencies that do not change the geographical area in which previously existing powers are exercised. One of the specific examples cited includes "establishment of a subsidiary district". Therefore, staff recommends this proposal is exempt from CEQA. |