Camp 13 Drainage

RESOLUTION NO. MSR-12-6 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 CAMP 13 DRAINAGE ) REVIEW FOR THE CAMP 13 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 Camp 13 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 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 Camp 13 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 Officer ncy Formation Commission G:\LAFCO WORKING FILES\MSR 2nd Round\RESOLUTIONS\MSR-12-6 RESOLUTION.doc 2 13 CAMP 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 CAMP 13 DRAINAGE DISTRICT Drainage Contact Information President: Ellen DesJardins PO Box 546 Dos Palos, CA 93620 Phone: (209) 658-5854 Management Information Governing Body: Board of Directors Board Members: Eight members Board Meetings: Quarterly Staffing: No staff Service Information Empowered Services: Regional Drainage and Water Quality Services Provided: enables lands to participate in the regional Grassland Bypass Project Area Served: South of Dos Palos Road and west of the City of Firebaugh Population Served: Ag District-Not Applicable Acres Served: 4,932 Infrastructure: None Fiscal Information Budget: $76,806 Sources of Funding: Landowner Assessments Rate Structure: Per Acre Administrative Policies Master Plan: Unknown Policies/Procedures: Unknown By-laws: Unknown Boundary Updated: 2003 SOI Updated: 2008 Other: No 1. MUNICIPAL SERVICE REVIEW Description of District The Camp 13 Drainage District was created in 2003. It operates pursuant to the County Drainage District Act of 1903 (Water Code, Section 56000 et seq.). The District encompasses 4,932 acres (7.71 square miles). The District is governed by an eight-member board of directors elected district-wide. A consultant is responsible for administrative functions. The District has no employees. District Services This small district helps landowners respond to regional drainage and water quality concerns to protect, maintain and enhance the quality of their agricultural lands. The District enables lands in the District to participate in the regional Grassland Bypass Project that is administered by the San Luis Delta Mendota Water Authority. Camp 13 is partnered along with other districts who are participants in an agreement help to meet water quality regulations established by the Central Valley Regional Water Quality Control Board. 2. MSR DETERMINATIONS This portion of the report addresses the factors specified in the governing statute for Municipal Service Reviews. Growth and Population Projections 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 or need for infrastructure. Financial Ability to Provide Services The District operating budget for FY 2011-12 is $76,806. Projected revenues are $76,816, which is derived from benefit assessments. There is no District debt. MSR and Sphere Update Camp 13 Drainage District 2 Status of, and Opportunities for, Shared Facilities There are no opportunities for shared facilities in the operations of the District. Government Structure and Operational Efficiencies There are no obvious opportunities for a different government structure. The District exhibits characteristics of an agency that is operating efficiently. The governing board is elected. Regular meetings are held quarterly. Meeting notices and agendas are mailed to landowners within the District and are posted. The District does not maintain a website. 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 coterminous. No Proposed Sphere Changes The District proposes no changes in its Sphere of Influence or boundaries. Sphere of Influence Determinations Inasmuch as no changes in the sphere of influence are proposed at this time, it is not necessary for the Commission to adopt or approve any sphere of influence update determinations. 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 Camp 13 Drainage District provided information upon which the evaluation is based. The District Consultant, David Cory, was instrumental in providing data. MSR and Sphere Update Camp 13 Drainage District 3 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. Affirm the current Sphere of Influence and that it not be revised at this time. MSR and Sphere Update Camp 13 Drainage District 4 w ~ (/) <( c3 COPPERAVE ::, 0 0 w w ~ ~ X 0 ii _J w a:: a 0 :: ~ a:: ~ .w.., _J w_J (/) (/) ::, a:: ( HERNDON AVE 0 1 2 Fresno Local Agency Formation Commission Camp 13 Drainage District Legend Map Date: December 2007 District Formed: 2003 District Area and SOI District Area: 4,932 Acres SOIAdo~ed: 1ffi~2008 City Area Sphere Area: 4,932 Acres 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