Authorize the Director of General Services, or the Director's designee, to sign, mark "yes," and submit the Dunnigan, Esparto, Madison, and West Plainfield Fire Protection Districts' Proposition 218 assessment ballots; and delegate authority for the Director to sign, mark "yes," and submit additional assessment ballots received in 2023-24 for County properties subject to proposed Fire Protection District assessments. (General fund impact $23,732) (Pistochini)

Fire Protection Districts may levy a special assessment on real property within the boundaries of their respective districts to fund fire protection and emergency response improvements and services that provide a special benefit to the assessed real property. (See Health & Saf. Code 13914, Gov. Code 50078, and Cal. Const., art. XIIID, sec. 4.)  Such special benefits assessments can only be imposed after complying with Proposition 218's assessment ballot proceeding and other requirements, including preparation of a detailed engineer's report supporting the proposed assessment and holding a notice public hearing.  Each ballot is weighted according to the amount of the proposed assessment to be levied on the property.  A simple-majority vote (50%+1) of all weighted ballots submitted is required to implement the assessment.  All parcels within the proposed special benefit district are subject to the assessment, and no exclusion is available for local government agencies, such as Yolo County, unless the local agency can demonstrate by clear and convincing evidence that the assessed publicly-owned parcels receive no special benefit. (Cal. Const., art. XIIID, Sec. 4(a).) 

At this time, the County has received assessment ballots from Dunnigan, Esparto, Madison, and West Plainfield Fire Protection Districts.  Ballots from Capay and Willow Oak Fire Protection Districts will be brought before this Board on July 11, 2023 as they are expected to be received after the publication deadline for this June 27, 2023 meeting, but the Director of General Services is requesting that the Board delegate the authority to the Director to vote "yes" in favor of the assessment if time does not allow returning to the Board prior to the ballot submission deadline.  The Board of Supervisors must decide whether to take action on the ballot and provide authority to staff on how on to vote and who may submit the ballot on behalf of the County for County-owned parcels.  The options are to vote "yes" in favor of imposing the parcel assessment, "no" in opposition of imposing the assessment, or abstain from voting.

Staff recommend that the Board support a "yes" vote on the assessment ballots as a more robust and capable fire protection district will better safeguard County employees and assets.  Further details regarding the assessment and the special benefits that will be conferred on the County-owned properties are described in each of the engineer's reports prepared by SCI Consulting (available on the County's website here under the heading, "Fire Protection & Emergency Response Assessments"), as well as in the ballots and notices included with the respective assessment ballots (Attachments A-H hereto). 

Dunnigan Fire Protection District
The Dunnigan Fire Protection District is conducting special benefit assessment proceeding with a public hearing scheduled on July 13, 2023.  This assessment will allow the District to hire additional full-time firefighters to maintain a three-person engine around-the-clock.  The County owns three parcels that are subject to the proposed assessment.  The County is expected to incur a new obligation of $12.71 per year if this measure passes. This obligation may increase annually with CPI adjustments as detailed in the ballot notice, not to exceed 5% per year. (See Attachments A and B.)

Esparto Fire Protection District
The Esparto Fire Protection District is conducting special benefit assessment proceeding with a public hearing scheduled on July 13, 2023.  This assessment will allow the District to hire additional full-time firefighters to maintain a two-person engine around-the-clock.  The County owns 23 parcels that are subject to the proposed assessment.  The County is expected to incur a new obligation of $3,676.41 per year if this measure passes. This obligation may increase annually with CPI adjustments as detailed in the ballot notice, not to exceed 5% per year.  (See Attachments C and D.)

Madison Fire Protection District
The Madison Fire Protection District is conducting special benefit assessment proceeding with a public hearing scheduled on July 10, 2023.  This assessment will allow the District to hire additional full-time firefighters to maintain a three-person engine around-the-clock.  The County owns one parcel that is subject to the proposed assessment.  The County is expected to incur a new obligation of $2.99 per year if this measure passes.  This obligation may increase annually with CPI adjustments as detailed in the ballot notice, not to exceed 5% per year.  (See Attachments E and F.)

West Plainfield Fire Protection District
The West Plainfield Fire Protection District is conducting a special benefit assessment proceeding with a public hearing scheduled on July 18, 2023.  This assessment will allow the District to hire additional full-time firefighters to maintain a two-person engine around-the-clock.  The County owns five parcels that are subject to the proposed assessment.  The County is expected to incur a new obligation of $20,039.83 per year if this measure passes.  This obligation may increase annually with CPI adjustments as detailed in the ballot notice, not to exceed 5% per year.  (See Attachments G and H.)

These proposed assessments are the result of the Board’s August 31, 2021, action to allocate $300,000 of cannabis tax revenues for the purpose of contracting with a consultant to prepare engineers’ reports and initiate Proposition 218 elections (for Districts willing to participate) for all 15 rural fire protection districts/entities.  Direct service Fire Protection Districts that successfully pass new Proposition 218 assessments are eligible for County matching funds per the Board’s April 18, 2023, action to set aside $1.5M in general fund revenues for rural fire protection sustainability.

The General Services Department collaborated with the County Counsel's Office, Department of Community Services, and Department of Financial Services in developing this recommendation.