North Sonoma Coast Fire Protection District

Measure V - Majority Approval Required

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE V

The North Sonoma Coast Fire Protection District Board of Directors has called a special election to ask voters to set the District’s permanent appropriations (spending) limit as required by state law. The permanent appropriations limit establishes the maximum tax proceeds that the District can levy, receive, and spend annually. If approved by a majority of those voting, Measure V would establish the District’s permanent appropriations limit at $3,000,000.

The District is a duly recognized independent fire protection district formed pursuant to California’s Fire Protection District Law of 1987 (Health & Safety Code section 13800 and following). The Sonoma County Local Agency Formation Commission approved the initial formation of the District in December 2015, and the District officially formed and began operations on April 1, 2016.

The California Constitution restricts governmental spending of tax proceeds, such as those received by the District, by setting an annual spending limit. Government Code section 56811 establishes the process and sequence for new special districts to develop appropriation limits. In accordance with that process, the Local Agency Formation Commission determined the initial provisional appropriations limit for the District in March 2016. Thereafter, the District Board of Directors held public hearings in June 2017 and May 2018 and determined the proposed permanent appropriations limit for fiscal years 2017/2018 and 2018/2019 to be $3,000,000, respectively. State law requires the permanent appropriations limit to be set at the first election held following the District’s first full year of operation. That election is the November 6, 2018 General Election.

Measure V does not authorize a new tax or increase the existing property taxes payable by District voters. The revenues appropriated will continue to be used for the purpose of obtaining, furnishing, staffing, operating, and maintaining life safety and fire suppression equipment and apparatus, and for other necessary fire and life safety services and expenses of the District.

A “yes” vote on Measure V is a vote to set the District’s permanent appropriations (spending) limit at $3,000,000.

A “no” vote on Measure V is a vote against setting the District’s permanent appropriations (spending) limit.

BRUCE D. GOLDSTEIN County Counsel  

By: s/ Robert H. Pittman Assistant County Counsel

ORDINANCE NO. 17/18-1

AN ORDINANCE OF THE NORTH SONOMA COAST FIRE PROTECTION DISTRICT TO SET THE PERMANENT APPROPRIATIONS LIMIT FOR THE DISTRICT

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The Board of Directors of the North Sonoma Coast Fire Protection District (“District”) do ordain as follows:

SECTION I. PURPOSE AND INTENT.

It is the purpose and intent of this ordinance to set the permanent ap- propriations limit of the District at $3,000,000.00 for the provision of fire protection services. The revenues appropriated are to continue to be used for the purposes of obtaining, furnishing, staffing, operating and maintaining life safety and fire suppression equipment and apparatus, and for other necessary fire and life safety services and expenses of the District. This permanent appropriations limit establishes the maximum tax proceeds that can be levied, received and spent annually for the newly-formed District. This ordinance does not create any new taxes or increase the tax payable by District voters.

SECTION II. APPROPRIATIONS LIMIT.

Pursuant to California Government Code section 56811(c), the initial voter-approved permanent appropriations limit for a newly-formed district shall not be considered a change in the appropriations limit of the District.

SECTION III. LIMITED AMENDMENT.

If any section of this ordinance or portion thereof is held invalid or unen- forceable by any court and such judgment becomes final, then that section may be amended by the District’s Board by a majority vote to conform with the judgment of such court, provided that such amendment is consistent with the purpose and intent of this ordinance. Provisions of this ordinance relating to procedures may only be amended by ordinance.

SECTION IV. SEVERABILITY CLAUSE.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of the North Sonoma Coast Fire Protection District hereby declare that they would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION V. EFFECTIVE DATE.

This Ordinance shall take effect the day following its approval by a simple majority of the District’s qualified voters voting on its approval at the general election on November 6, 2018.

SO ORDERED.

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s/ O Leigh Mueller

Chair, Board of Directors
North Sonoma Coast Fire Protection District

ATTEST:

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s/ Robert Pounds

Clerk of the Board of Directors