City council wades into struggle over fire district
City Attorney directed to explore intervention
Legal grounds questionable
By Oakley Brooks
The city council recently decided to explore ways it can legally exert control over the Saratoga Fire District.
The move officially brings the council into Saratoga's pitched battle over fire service, but it's still unclear if the council will have any legal grounds for intervention.
A coalition of citizens and firefighters, who claim the Saratoga Fire District is understaffed, and thereby potentially unsafe, made another extensive appeal to the city council in the opening minutes of the April 4 city council meeting.
Mayor John Mehaffey then told City Attorney Richard Taylor to look into what ways the city can "control the fire district."
Mehaffey's suggestion was immediately supported by the rest of the council.
"Fire service ranks right up there with law enforcement as the primary responsibility of government," said Councilman Stan Bogosian. "I would support some research into this."
City Attorney Taylor says that, in addition to exploring if the city can influence the fire district, he will also look into if the city might establish its own fire service.
Saratoga Fire District, which serves half of Saratoga, is currently its own legal entity and governed at the highest level by elected fire commissioners.
The council has, so far, not taken a role in the debate over fire safety in Saratoga that pits firefighters and citizens, who wish to join all of Saratoga with the county fire district, against Saratoga Fire District commissioners and administration, who say the existing arrangement is adequate.
But on April 4, Councilman Evan Baker said, "This is a political hot potato that's finally ending up on our plate. We need to take a position. It's not going to go away."
The persistence of Firefighters and Citizens Taskforce may have led to the council's decision. On April 4, the group presented an extensive fire safety report--prepared by experienced firefighters, according to the Taskforce's Ed Farrell, which refutes the conclusions of a similar Public Safety Commission report released on March 8. That report rated fire safety in the Saratoga District as "adequate."
"The city council realizes it has an obligation to the citizens of Saratoga to investigate this matter," said Dave Dolloff, chairman of the Taskforce
Saratoga Fire District Chief Ernie Kraule said he's comfortable with the city looking into the legal foundation of his district.
"Let the city attorney and the fire district attorney decide if the district is a bona fide fire district recognized by the state of California," said Kraule
Fire districts, like community college and water districts, are established as legal entities under state law. And City Attorney Taylor said that, based on the city's recent failure to assert control over West Valley Community College District--involving the school's proposed improvement to its football venue--it might be difficult for the city to find legal grounds for controlling another autonomous district, in this case the Saratoga Fire District.
"The question is, 'What exactly are the rules that pertain to the fire district?' " said Taylor.
Taskforce Chairman Dolloff has said in the past that the council's political support--even if the council cannot take action--is as important as any action it takes. And last week, he said his group is prepared to take its case against the fire district beyond the city council, to resolve in the group's favor.
"These guys need to be dealt with," Dolloff said of the fire commission.
If the city council can't step in, to the extent the taskforce would like, it's unclear what the next step might be for the group. Dolloff insists that Santa Clara County, which diverts tax money to Saratoga Fire District, could hold sway over the district. But City Attorney Taylor said the fact that the district is established by state law means further appeals by the task force would have to be made at the state level.
Saratoga, California Since 1955
