(Sections 61000 - 61934, Government Code)

1. A district board may generally have three, five, seven, nine, or eleven members (13842).

2. The district board may be appointed or elected (13848).

3. Elected district board members may be elected by district or at large (13846).

4. Appointed district board members are appointed by the county board of supervisors, or the city council or both, or two or more of either depending upon cities or counties within the district Appointments are apportioned by the number of cities or counties within the district and the number of people in each

The number of directors (generally), whether they are appointed or elected, and, if elected, whether they are elected at large or by district, may all be changed by the voters in the district (13845,13846 & 13848). The question may be put to the voters:

1. By resolution of the district board; or

2. By a petition signed by 25% of the registered voters in the district (Section 13849 Notice).

The specific services the district board may provide are (13862).

1. Fire protection services;

2. Rescue services;

3. Emergency medical services;

4. Hazardous material emergency response services; and

5. Ambulance services, pursuant to Division 25 (commencing with Section 1797).

In addition to these specific services, the district has corollary general powers (13863-13887).

The formation process is initiated by one of the following methods:

1. A resolution of application adopted by any city or county that contains territory proposed to be included within the district (13821).
2. A petition signed by not less than 25% of the registered voters residing in the area to be included in the district (13816).

After the formation proceedings have been initiated, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either approve, modify, or deny the proposed formation. If is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

During the conducting authority hearings, the formation proceedings may be terminated if written protests signed by the majority of registered voters within the proposed district are filed with the conducting authority. At the conclusion of the public hearings, the conducting authority must either (Government Code 57077):

2. Order the formation subject to the confirmation of the voters.

The conducting authority may order the district formed without an election, if it finds that the petition filed with LAFCO has been signed by not less than 51% of the registered voters residing within the territory proposed to be included within the district (13823.5).

If an election is called and a majority of the qualified voters within the proposed district vote favorably on the formation, the district shall be formed (Government Code 57176).

Any territory, incorporated, unincorporated, contiguous or noncontiguous, may be included in a district (13810).

State responsibility areas may generally be included in the district. In such areas, the State will repress and prevent timber, brush, and grass fires. The district will be responsible for structures and may provide other district services. The Humboldt LAFCO executive officer must notify the State Director of Forestry and Fire Protection of the Commission's hearing (13811).

Finance

Chapter 7 (commencing with Section 13890) of Part 3 of Division 12 of the Health & Safety Code outlines budget deadlines and general financial procedure.

Chapter 8 (commencing with Section 13910) of Part 3 of Division 12 of the Health & Safety Code lists alternative sources of revenue. They are:

1. Special tax (Government Code 50075); two-thirds majority.

2. Mello-Roos Community Facilities Act of 198Z special tax (Government Code 53311); two-thirds majority.

4. Assessment for fire protection services (Government Code 50078); vote or abandonment required if protested by holders of property interests proposed to be assessed, who represent more than 10% but less than 50% of the total amount of expected revenue from the assessment. Abandonment required if the value of protest equals 50% or more of the total amount of expected revenue from the assessment (Government Code 50078.12).

5. Assessment for capital improvements, 1911 Bond Act; 1915 Improvement Bond Act; 1913 Municipal Improvement Act; Section 1000 Streets and Highways Code; vote not required.

6. Fees for services (13916); vote not required.

After the district has been formed, the boundaries of the district may be altered, and outlying contiguous or noncontiguous (in the case of districts governed by the county board of supervisors), incorporated or unincorporated territory may be included within the district (refer to 13811 for restrictions on State responsibility lands). Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

The governing body, which is established by law to administer the operation of a fire protection district, may be composed of one of the following alternatives, as set forth in the petition or resolution proposing the formation of the district (13816 & 13821).

2. The district board may be appointed or elected (13848).

3. Elected district board members may be elected by district or at large (13846).

The number of directors (generally), whether they are appointed or elected, and, if elected, whether they are elected at large or by district, may all be changed by the voters in the district (13845,13846 & 13848). The question may be put to the voters:

1. By resolution of the district board; or

2. By a petition signed by 25% of the registered voters in the district (Section 13849 Notice).

The specific services the district board may provide are (13862).

1. Fire protection services;

2. Rescue services

3. Emergency medical services

4. Hazardous material emergency response services; and

5. Ambulance services, pursuant to Division 25 (commencing with Section 1797).

In addition to these specific services, the district has corollary general powers (13863-13887).

Formation

The formation process is initiated by one of the following methods:

1. A resolution of application adopted by any city or county that contains territory proposed to be included within the district (13821).
2. A petition signed by not less than 25% of the registered voters residing in the area to be included in the district (13816).

After the formation proceedings have been initiated, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either approve, modify, or deny the proposed formation. If is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

During the conducting authority hearings, the formation proceedings may be terminated if written protests signed by the majority of registered voters within the proposed district are filed with the conducting authority. At the conclusion of the public hearings, the conducting authority must either (Government Code 57077):

1. Terminate proceedings if a majority protest exists; or

2. Order the formation subject to the confirmation of the voters.

The conducting authority may order the district formed without an election, if it finds that the petition filed with LAFCO has been signed by not less than 51% of the registered voters residing within the territory proposed to be included within the district (13823.5).

If an election is called and a majority of the qualified voters within the proposed district vote favorably on the formation, the district shall be formed (Government Code 57176).

Any territory, incorporated, unincorporated, contiguous or noncontiguous, may be included in a district (13810).

State responsibility areas may generally be included in the district. In such areas, the State will repress and prevent timber, brush, and grass fires. The district will be responsible for structures and may provide other district services. The Humboldt LAFCO executive officer must notify the State Director of Forestry and Fire Protection of the Commission's hearing (13811).

Chapter 7 (commencing with Section 13890) of Part 3 of Division 12 of the Health & Safety Code outlines budget deadlines and general financial procedure.

Chapter 8 (commencing with Section 13910) of Part 3 of Division 12 of the Health & Safety Code lists alternative sources of revenue. They are:

1. Special tax (Government Code 50075); two-thirds majority

2. Mello-Roos Community Facilities Act of 198Z special tax (Government Code 53311); two-thirds majority.

3.Special tax for fire and police (Government Code 53970); two-thirds majority.

6. Fees for services (13916); vote not required.

After the district has been formed, the boundaries of the district may be altered, and outlying contiguous or noncontiguous (in the case of districts governed by the county board of supervisors), incorporated or unincorporated territory may be included within the district (refer to 13811 for restrictions on State responsibility lands). Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.