Silver Creek Drainage

RESOLUTION NO. MSR-12-7 FRESNO LOCAL AGENCY FORMATION COMMISSION FRESNO COUNTY, CALIFORNIA In the Matter of LAFCo Determination RESOLUTION MAKING DETERMINATIONS ) MADE DETERMINATIONS AND AND ADOPTING MUNICIPAL SERVICE ) ADOPTED MUNICIPAL SERVICE REVIEW FOR THE SILVER CREEK ) REVIEW FOR THE SILVER CREEK DRAINAGE DISTRICT ) DRAINAGE DISTRICT WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56425 et. seq.) the Fresno Local Agency Formation Commission is required to review and update, as necessary, Spheres of Influence of local agencies not less than once every five years; and WHEREAS, Government Code Section 56430 directs the Commission to conduct a review of municipal services not later than the time it considers an action to establish or update a Sphere of Influence (SOI); and WHEREAS, the Executive Officer prepared a Municipal Service Review (MSR) for the Silver Creek Drainage District; and WHEREAS, notice of this Commission's hearing of said request was duly given in a publication of general circulation as required by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and State law, and at the time and in the form and manner provided by law; and WHEREAS, the Commission has heard, discussed and considered all relevant evidence, including but not limited to the Executive Officer's Municipal Service Review, environmental documentation, applicable land use plans and all testimony, correspondence and exhibits received during the public hearing process, all of which are included herein by reference. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation Commission of the County of Fresno does HEREBY STATE, FIND, RESOLVE, DETERMINE, AND ORDER as follows: Section #1. Acting as Lead Agency pursuant to California Environmental Quality Act (CEQA) Guidelines, this Commission finds that the written determinations and the Municipal Service Review under consideration are Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15306, "Information Collection" and Section 15320, "Changes in Organization of Local Agencies". Section #2. This Commission finds that the Municipal Service Review prepared for the Silver Creek Drainage District is complete and satisfactory. Section #3. This Commission finds that the written determinations within the Municipal Service Review satisfies State Law. 1 Section #4. Pursuant to Government Code Sections 56425 and 56430, this Commission made the required determinations for the Municipal Service Review and adopted the Municipal Service Review prepared for the Silver Creek Drainage District and updated the District's sphere of influence. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ADOPTED THIS 9th DAY OF MAY, 2012, BY THE FOLLOWING VOTE: AYES: COMMISSIONERS SILVA, ANDERSON, CHAIDEZ, PEREA, LOPEZ NOES: NONE ABSENT: NONE STATE OF CALIFORNIA) COUNTY OF FRESNO ) CERTIFICATION I, Jeff Witte, Executive Officer, Fresno Local Agency Formation Commission, hereby certify that the foregoing resolution was adopted by the Commission on the 9th day of May, 2012. e Executive Officer cal Agency Formation Commission G:\LAFCO WORKING FILES\MSR 2nd Round\RESOLUTIONS\MSR-12-7 RESOLUTION.doc 2 SILVER CREEK DRAINAGE DISTRICT MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE UPDATE Report to the Fresno Local Agency Formation Commission Jeff Witte Candie Fleming Samantha Hendricks 2607 Fresno Street, Suite B Fresno, CA 93721 May 2012 SILVER CREEK DRAINAGE DISTRICT Drainage Contact Information Secretary: John Britton PO Box 97 Mendota, CA 93640 Phone: (559) 655-4761 Management Information Governing Body: Board of Directors Board Members: Five positions all vacant Board Meetings: Board does not meet Staffing: Possibly one secretary Service Information Empowered Services: Regional Drainage Services Provided: Inactive non-user of corporate powers Area Served: North of the I 80 Freeway and east of Fairfax Avenue Population Served: Acres Served: 49,782 Infrastructure: Fiscal ln(ormation Budget: No Adopted Budget Sources of Funding: Rate Structure: Administrative Policies Master Plan: Unknown Policies/Procedures: Unknown By-laws: Unknown Boundary Updated: 2006 SOI Updated: 2007 Other: No 1. MUNICIPAL SERVICE REVIEW Description of District The Silver Creek Drainage District was created in 1982 pursuant to the County Drainage District Act of 1903 (Water Code, Section 56000 et seq.). The District encompasses approximately 78 square miles. Its sphere of influence is much larger than its boundaries and extend into San Benito County, as shown on the enclosed map. The District is inactive and appears to be a non-user of corporate powers. It is unknown when the District's governing board last met. It is not known if the District has any employees, but it is assumed that there are none since the District does not have an adopted budget. The district has no assets, other than money in the form of cash, investments, or deposits. District Services Based on the fact that the District does not have a Board of Directors, it is believed the District provides no services. 2. MSR DETERMINATIONS This portion of the report addresses the factors specified in the governing statute for Municipal Service Reviews. Growth and Population Projections Permitted District services do not affect rates or location of development or population growth, nor does that affect the manner in which the District is governed. Location and Characteristics of any Disadvantaged Communities There are no disadvantaged communities within the district. Infrastructure Needs and Deficiencies The District has no assets other than money in the form of cash, investments, or deposits or need for infrastructure. Financial Ability to Provide Services The District does not have an adopted budget. It is unknown when the District last adopted a budget. There is no District debt. MSR and Sphere Update Silver Creek Drainage District 2 Status of, and Opportunities for, Shared Facilities It is believed that the District does not engage in any operations. It is not known if the District has any facilities, nor is it known if District operations would require use of other agency's facilities. Government Structure and Operational Efficiencies The District is believed to provide no services and to be inactive. A government structure option would be to dissolve the District to reflect this status. The District board of directors is vacant and has not met in several years. 3. SPHERE OF INFLUENCE DISCUSSION Government Code Section 56076 defines Sphere of Influence as "A plan for the probable physical boundaries and service area of a local agency, as determined by the commission." Description of Current Sphere of Influence Its boundaries and Sphere of Influence are not coterminous. The sphere of influence is 155,864 acres Proposed Sphere Changes Staff would recommend two options. Either reduce the sphere of influence to make it coterminous with the district boundaries or adopt a "zero" sphere of influence and direct staff to start proceedings to dissolve the district Sphere of Influence Determinations Inasmuch as a reduced or "zero" sphere is being proposed it is recommended that the Commission adopt the following Sphere of Influence determinations. 1. Present and planned land uses in the area, including agriculture and open-space; Present land uses are largely agricultural lands. No land use changes are planned. 2. Present and probable need for public facilities and services in the area; Drainage services may be required but they are being met without the participation of the Silver Creek Drainage District. MSR and Sphere Update Silver Creek Drainage District 3 3. Present capacity of public facilities and adequacy of public service that the agency provides or is authorized to provide; It is not known if the District has any facilities. It is assumed that the District provides no services at this time. 4. Existence of any social or economic commumt1es of interest m the area if the commission determines that they are relevant to the agency. Social or economic communities of interest are not relevant to the sphere of influence determination for this agency. 4. ACKNOWLEDGEMENTS & REFERENCES This draft Municipal Service Review was prepared by Fresno LAFCO staff. Responsibility for any errors or omissions rests with those who provided the information for the report. The Silver Creek Drainage District did not provide information upon which the evaluation could be based. 5. RECOMMENDATIONS In consideration of information gathered and evaluated during the Municipal Service Review it is recommended the Commission: 1. Accept public testimony regarding the proposed Municipal Service Review. 2. Approve the recommended Municipal Service Review determinations, together with any changes deemed appropriate. 3. Adopt a reduced or "zero" Sphere oflnfluence for this agency. 4. Direct Staff to start proceedings to dissolve the district. MSR and Sphere Update Silver Creek Drainage District 4 BULLARD AVE SHIELDS AVE ?i: _J w_J Cl) Cl) a~:: _ _J i GD l I MANNING AVE 0 2.5 5 10 Miles Fresno Local Agency Formation Commission Legend Silver Creek Drainage District Note: Portion of District SOI Located in San Benito County Not Shown District Formed: 1982 Map Date: December 2007 District Area SOI Adopted: 8/21/1985 District Area: 49,782 Acres In Fresno ' City Areas SOI Updated: 12/5/2007 Sphere Area: 155,864 Acres County l C lFORNIMVE Fresno Local Agency Formation Commission Legend Silver Creek Drainage District District Area 0 1.25 2.5 5 City Areas Miles City Over District FRESNO LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE OFFICER'S REPORT 0 8 AGENDA ITEM NO. DATE: May 9, 2012 TO: Fresno Local Agency Formation Commission FROM: Jeff Witte, Executive OfficeJW SUBJECT: Consider Adoption - Municipal Service Review and Sphere of Influence Update Prepared for Camp 13 Drainage District, Silver Creek Drainage District, County Service Area No.39, Coalinga-Huron Unified School Library District, and Fresno County Library District. Recommendations: A. Continue County Service Area No. 39 and Fresno County Library District MSR's to the June 6, 2012 LAFCo Hearing to allow the districts time to respond. B. Acting as Lead Agency pursuant to California Environmental Quality Act (CEQA) Guidelines, find that prior to adopting the written determinations, the Municipal Service Reviews and Sphere of Influence determinations under consideration are Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15306, "Information Collection" and Section 15320, "Changes in Organization of Local Agencies". C. Find that the Municipal Service Review and Sphere of Influence Update prepared for each of the Districts are complete and satisfactory. D. Find that the written determinations within the Municipal Service Reviews and Sphere of Influence Updates satisfy State Law. E. Pursuant to Government Code Sections 56425 and 56430 make the required determinations for the Municipal Service Reviews and District Spheres of Influence, adopt the Municipal Service Reviews prepared for each District, and update the Sphere of Influence for said Districts by reaffirming their current boundaries or approving the recommended changes. Summary I Background The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires LAFCo to review and update, as necessary, special district Spheres of Influence (SOis) every five years. Prior to, or in conjunction with an agency's SOI update, LAFCo is required to conduct a Municipal Service Review (MSR) for each agency. Municipal Service Reviews provide a comprehensive review of the services provided by a city or district and present recommendations with regard to the condition and adequacy of these services and whether or not modifications to a city or district's SOI are necessary. MSRs can be used as informational tools by LAFCo and local agencies in evaluating the efficiencies of current district operations and may suggest changes in order to better serve the public. Sphere of Influence updates may involve an affirmation of the existing SOI boundaries or recommend modifications to the SOI boundaries. LAFCo is not required to initiate changes to an SOI based on findings and recommendations of the service review, although it does have the power to do so. State law requires that the Commission adopt written MSR determinations for each of the following seven criteria: 1. Growth and population projections for the affected area. 2. Location and characteristics of any disadvantaged unir:icorporated communities, 3. Present and planned capacity of public facilities and adequacy of public services, including infrastructure needs or deficiencies. 4. Financial ability of agencies to provide services. 5. Status of, and opportunities for, shared facilities. 6. Accountability for community service needs, including governmental structure and operational efficiencies. 7. Any other matter related to effective or efficient service delivery, as required by commission policy. As part of the SOI update, the Commission is required to consider the following four criteria and make appropriate determinations in relationship to each: 1. The present and planned land uses in the area, including agricultural and open-space lands. 2. The present and probable need for public facilities and services in the area. 3. The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. 4. The existence of any social or economic communities of interest in the area if the Commission determines that they are relevant to the agency. Environmental Determination The California Environmental Quality Act ("CEQA") requires that the Commission undertake and review an environmental analysis before granting approval of a project, as defined by CEQA. The MSRs are categorically exempt from the preparation of environmental documentation under a classification related to information gathering (Class 6 - Regulation section 15306), which states: "Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded." Indeed, these MSRs collect data for the purpose of evaluating municipal services provided by the agencies. There are no land use changes or environmental impacts created by such studies. 2 Furthermore, the MSRs qualify for a general exemption from environmental review based upon CEQA Regulation section 15061 (b)(3), which states: "The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Additionally, the SOI updates qualify for the same general exemption from environmental review based upon CEQA Regulation section 15061(b)(3). There is no possibility that these MSRs or SOI updates may have a significant effect on the environment because there is no land use changes associated with the documents. If the Commission approves and adopts the MSRs and SOI updates and determines that the projects are exempt from CEQA, staff will prepare and file a notice of exemption with the County of Fresno, as required by CEQA Regulation section 15062. Discussion / Summary of Determinations Camp 13 Drainage District encompasses 4,932 acres located west of the City of Firebaugh and south of Dos Palos Road. The district enables lands to participate in the regional Grassland Bypass Project. Silver Creek Drainage District encompasses 49,782 acres located north of the 180 Freeway and east of Fairfax Avenue. The District does not provide any services and does not have a board of directors. County Service Area No. 39 encompasses approximately 80 acres and provides water services to 140 residences and the West Park School. Zone A is north and south of Beran Way between Marks and Valentine Avenues and Zone B is on both sides of Prospect Avenue between Church and Jensen Avenues. Coalinga-Huron Unified School Library District encompasses 549,661 acres surrounding the Cities of Coalinga and Huron in southwest Fresno County and portions of Monterey and San Benito Counties. The District provides public library services to the residents of the district. Fresno County Library District encompasses 3,842,343 acres to the portion of Fresno County not served by the Coalinga-Huron Library District. The District provides public library services through the Central Resource Library, 34 Branches, and 3 Mobile Units. G:\LAFCO WORKING FILES\MSR 2nd Round\May 2012\May MSR Staff Report.doc 3 NOTICE OF PUBLIC HEARING FRESNO LOCAL AGENCY FORMATION COMMISSION NOTICE IS HEREBY GIVEN that the Fresno Local Agency Formation Commission (LAFCo) will consider Municipal Service Reviews (MSRs) and Sphere of Influence Updates for the following Special Districts at a public hearing on May 9, 2012: County Service Area No. 39, Camp 13 Drainage District, Silver Creek Drainage District, Coalinga-Huron Unified School Library District and Fresno County Library District. LAFCo is responsible for reviewing the adopted spheres of influence (SOI) for special districts in Fresno County (Government Code section 56425). Municipal Service Reviews involve analyzing an agency's services and making determinations. The Commission is required to adopt written determinations regarding seven specific topics. LAFCo has reviewed the SOis and has prepared MSRs for the above districts. The Commission will consider the information, recommendations and determinations in these studies at its May 9, 2012 hearing. At this hearing the Commission will consider adopting the MS Rs, with or without amendments, and make determinations pursuant to California Government Code Section 56430(a). The Commission will also determine whether each special district's current Sphere of Influence is sufficient or whether such Sphere should be revised. PLEASE BE ADVISED that the public hearing will be held at 1 :30 p.m., or soon thereafter, on May 9, 2012, in Room 301, Hall of Records, Tulare and "M" Streets, Fresno. All interested parties are invited to attend this hearing and present testimony on this matter. For additional information contact the Commission Office at 2607 Fresno Street, Suite B, Fresno, CA 93721. Please direct questions to Jeff Witte, LAFCo Executive Officer at (559) 600-0604 ore mail Mr. Witte at jewitte@co.fresno.ca.us. Dated: April 16, 2012 {JJ$) ITTE, EXECUTIVE OFFICER AGENCY FORMATION COMMISSION G:\LAFCO WORKING FILES\May 9, 2012\MSR Notice of Public Hearing.docx