Agenda

Return

LEGISLATION COMMITTEE

Meeting Date:	05/07/2015
Subject: SB 239 (Hertzberg) Local Services: Contracts: Fire Protection Services
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2015-11
Referral Name:	SB 239 (Hertzberg) Local Services: Contracts: Fire Protection Services
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-335-1097

Information

Referral History:

This bill was referred to the Legislation Committee by Fire Chief Jeff Carman.

Referral Update:

Senate Bill (SB) 239 would establish local agency formation commission proceedings to consider the exercise of new or extended fire protection services outside a public agency's current service area by contract or agreement. The bill seeks to require a related resolution. Relates to State agency proposals. Provides procedures regarding the processing of such proposals. Relates to proposals for a change of organization that involves the exercise of new or extended fire protection services.

Status: 04/23/2015 In SENATE. Read second time and amended. Re-referred to Committee on GOVERNANCE AND FINANCE.

Background:

Existing law prescribes generally the powers and duties of the local agency formation commission in each county with respect to the review approval or disapproval of proposals for changes of organization or reorganization of cities and special districts within that county. Existing law permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances.

This bill would permit a public agency to exercise new or extended services outside the public agency's current service area pursuant to a fire protection reorganization contract, as defined, only if the public agency receives written approval from the local agency formation commission in the affected county. The bill would require that the legislative body of a public agency that is not a state agency adopt a resolution of application and submit the resolution along with a plan for services, as provided, and that a proposal by a state agency be initiated by the director of the agency with the approval of the Governor. The bill would require, prior to adopting the resolution or submitting the proposal, the public agency to enter into a written agreement for the performance of new or extended services pursuant to a fire protection reorganization contract with each affected public agency and recognized employee organization representing firefighters in the affected area and to conduct a public hearing on the resolution.

The bill would require the commission to approve or disapprove the proposal as specified. The bill would require the commission to consider, among other things, a comprehensive fiscal analysis prepared by the executive officer in accordance with specified requirements.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

Recommendation(s)/Next Step(s):

CONSIDER recommending a position of "Oppose" to the Board of Supervisors for SB 239 (Hertzberg) Local Services: Contracts: Fire Protection Services.

Attachments
Bill Text