No. 1606

RESOLUTION NO. MSR-12-3 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 RECLAMATION ) REVIEW FOR THE RECLAMATION DISTRICT NO. 1606 ) DISTRICT NO. 1606 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 Reclamation District No. 1606; 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 makes the required determinations for the Municipal Service Review and adopts the Municipal Service Review prepared for the Reclamation District No. 1606. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ADOPTED THIS 11th DAY OF APRIL, 2012, BY THE FOLLOWING VOTE: AYES: COMMISSIONERS ANDERSON, PEREA, CHAIDEZ, SILVA, 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 11th day of April, 2012. Jeff Executive Officer ocal Agency Formation Commission G:\LAFCO WORKING FILES\MSR 2nd Round\RESOLUTIONS\MSR-12-3 RESOLUTION.doc 2 FRESNO LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE OFFICER'S REPORT 0 8 , AGENDA ITEM No. DATE: April 11, 2012 TO: Fresno Local Agency Formation Commission FROM: Jeff Witte, Executive OfficerUU) SUBJECT: Consider Adoption - Municipal Service Review and Sphere of Influence Update Prepared for Calwa Recreation and Park District, Central Valley Pest Control District, Reclamation District No. 1606, and Reclamation District No. 801. 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 six criteria: 1. Growth and population projections for the affected area. 2. Location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence. 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. 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. 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 I Summary of Determinations Calwa Recreation and Park District encompasses approximately 4,437 acres generally bounded by California, Peach, and North Avenues and State Route 99 in the Community of Calwa. The District boundaries and its sphere of influence are coterminous. The District owns a 20 acre facility at Church and Barton Avenues. Central Valley Pest Control District encompasses approximately 421,754 acres and serves approximately 25,000 commercial citrus acres in southeastern Fresno County. The sphere of influence and district boundaries are coterminous. All District operations and staffing are through the Central California Tristeza Eradication Agency, a Joint Powers Authority to which the district belongs. Reclamation District No. 1606 encompasses approximately 18,520 acres including the City of San Joaquin and the surrounding area. The District boundaries and its sphere of influence are coterminous. The District owns 2,500 acres of land comprising the Fresno Slough and Fresno Slough Bypass and related levees. Staffing is provided through a contract with James Irrigation District. Reclamation District No. 801 encompasses approximately 10,507 acres in Fresno County generally located in southern Fresno County west of State Route 41, east of and adjacent to the Fresno Slough and extending south into Kings County. The sphere of influence and district boundaries are not coterminous as shown on the enclosed map. The District is inactive and has not responded to numerous requests for information. 2 Recommendations: A. 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". B. Find that the Municipal Service Review and Sphere of Influence Update prepared for each of the Districts are complete and satisfactory. C. Find that the written determinations within the Municipal Service Reviews and Sphere of Influence Updates satisfy State Law. D. 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. E. Districts need to follow the Brown Act in respect to meetings and the business activity of the districts. F. Consider expanding all special districts with only three Board members to five Board members. G. Encourage the Calwa Recreation and Park District to confer with the City of Fresno regarding the possible dissolution of the District with the concurrent transfer of its assets and service obligations to the City of Fresno. H. Consider dissolution of Reclamation District No. 801. G:\LAFCO WORKING FILES\MSR 2nd Round\April 2012\MSR Staff Report.doc 3 No. 1606 RECLAMATION 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 April 2012 RECLAMATION DISTRICT NO. 1606 Levee Maintenance Contact Information Manager: John Mallyon PO Box 757 San Joaquin, CA 93660-0757 Phone: (559) 693-4356 Management Information Governing Body: Board of Trustees Board Members: Jerome Salvador (President) Appointed 2005, Expires 2013 Gerald W. Kinnunen (Vice President) Appointed 2005, Expires 2013 Vacant Expires 2015 Board Meetings: Quarterly on the third Thursday of the month. Staffing: The district contracts with James Irrigation District for part-time staff. Service Information Empowered Services: Levee Maintenance Services Provided: Obtain and provide water, maintain levees, and flood control Area Served: The City of San Joaquin and surrounding lands. Population Served: Acres Served: 18,520 Infrastructure: 2,500 acres of land comprising the Fresno Slough and Fresno Slough Bypass and related levees within the district's boundaries. Fiscal Information Budget: $0 Sources of Funding: Rents, concessions and royalties. Rate Structure: None. Administrative Policies Master Plan: Yes Policies/Procedures: No By-laws: No Boundary Updated: 1979 SOI Updated: 2007 Other: No 1. MUNICIPAL SERVICE REVIEW Description of District Reclamation District No. 1606 was formed in 1914. It operates under the provisions of the Water Code (Section 50000 et seq.). The District includes approximately 18,520 acres (28.94 square miles). It is located in central Fresno County. It encompasses the City of San Joaquin and surrounding lands extending from the Fresno Slough on the south to the Fresno Slough Bypass on the north. The District is governed by a three-member Board of Directors elected at large. It has no employees and administrative services are obtained by contract. Its boundaries and Sphere of Influence are coterminous, as shown on the enclosed map. District Services The District owns and maintains the Fresno Slough and Fresno Slough Bypass, including the levees protecting these facilities to convey Kings River floodwater and local storm water. There is livestock grazing and limited farming on District lands. Through a contract with the Federal Bureau of Reclamation the District obtains and provides water to about 170 acres of District property with one agricultural tenant. District facilities are utilized by the James Irrigation District for regulating reservoirs and for groundwater recharge. 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. Location and Characteristics of Disadvantaged Communities There are no disadvantaged communities within or adjacent to the district. Infrastructure Needs and Deficiencies The District owns approximately 2,500 acres of land comprising the Fresno Slough and Fresno Slough Bypass and related levees within the District boundaries. The District has no plans to acquire additional property and existing infrastructure is sufficient for current operations. MSR and Sphere Update Reclamation District No. 1606 2 Financial Ability to Provide Services The District's operating expenses for FY 2010-11 are $46,110. Projected revenues are $117,706. There is no District debt. The District shares office space with and contracts with James Irrigation District for part time staff, and contracts with the James Irrigation District for flood control operations and maintenance. In the past consideration was given to consolidating with the James Irrigation District, but projected savings did not justify this change due to the various costs of consolidating the two Districts. The District states LAFCo related consolidation costs were only a relatively small portion of the total costs of consolidating the two districts. The District obtains liability insurance through the Association of California Water Agencies Insurance Joint Powers Authority. There are no obvious opportunities for rate restructuring in the operations of the District. Status of, and Opportunities for, Shared Facilities There are no obvious opportunities for shared facilities in the operations of the District other than the current cooperation with the James Irrigation District in the common use of District facilities. Sharing facilities or consolidation with Reclamation District No. 801 is not feasible due to the distance separating the two district. Government Structure and Operational Efficiencies The District board is elected. Regular meetings are held quarterly, on the third Thursday. Meeting notices are posted at the District office in the newspaper. There are no obvious opportunities for a different government structure. The District exhibits characteristics of an agency that is operating efficiently. 3. SPHERE OF INFLUENCE REVIEW AND UPDATE 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. Sphere of Influence Recommendation and 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. MSR and Sphere Update Reclamation District No. 1606 3 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. Reclamation District No. 1606 provided information upon which the evaluation is based. District Manager John Mallyon was instrumental in providing data. Available Documentation The "Request for Information for Municipal Service Reviews" submitted by the District and supporting documents referred to therein are available in the LAFCO office. 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. Approve the recommended Sphere of Influence determinations and affirm the current Sphere of Influence. 4. Encourage the District to consider the benefits and burdens to consolidation with James Irrigation District. MSR and Sphere Update Reclamation District No. 1606 4 !I --,,-· ""'~~'i---l' /' l KERMAN/ AMERICAN AVE ,/'' .. JEFFERSON AV!;;/ ; 0 2 4 Miles Fresno Local Agency Formation Commission Legend Reclamation District No. 1606 District Area and SOI District Formed: 1914 Map Date: November 2007 City Areas SOI Adopted: 3/24/1976 District Area: 18,521 Acres City Overlapping District SOI Updated: 8/22/2007 Sphere Area: 18,521 Acres BUSINES.S~J-~Q\JRNAL (Space Below for use of County Clerk only) FRESNO I KINGS I MADERA I TULARE P.O. Box 126 Fresno, CA 93707 Telephone (559) 490-3400 IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA NOTICE OF PUBLIC HEARING DATE AND TIME OF HEARING: FRESNO LOCAL AGENCY FORMATION COMMISSION APRIL 11, 2012, at 1:30 P.M. 1. Consider and Adopt Municipal Service Reviews (MSRs) 2. City of Clovis "Sphere of Influence (SOI) Revision" 3. Fresno LAFCo Proposed Fiscal Year 2012-2013 Budget 4. Appointment of Public and Public Alternate Commission DECLARATION OF PUBLICATION Member (2015.5 C.C.P.) MISC. NOTICE NOTICE OF PUBLIC HEARING FRESNO LOCAL AGENCY FORMATION COMMISSION . NOTICE IS HEREBY GIVEN that STATE OF CALIFORNIA the Fres·no Local- Agen.cy Formation Commission (LAFCo) wiH cons\der the COUNTY OF FRESNO following at a public hearing-on April 11, 2012 . . I am a citizen of the United States and a resident of the 1. Consider and Adopt Municipal County aforesaid; I am over the age of eighteen years, and Service Reviews (MSRs) and. Sphere of Influence Updates for the following: not a party to or intrested in the above entitled matter. I am Calwa Recreation and Park Dist., Central the principal clerk of THE BUSINESS JOURNAL published Valley Pest Control Dist., Reclamation in the city of Fresno, County of Fresno, State of California, Dist. No .. 1606, and Reclamation Dist. No.801. Monday, Wednesday, Friday, and which newspaper has 2. . City of Clovis "Sphere of been adjudged a newspaper of general circulation by the Influence (SOI) Revision". A request to· revise the ,SOI for the City of Clovis Superior Court of the County of Fresno, State of California, and City of Fresno by removing 0.65 under the date of March 4, 1911, in Action No.14315; that acres from the City of Fresno's SOI and the notice of which the annexed is a printed copy, has been adding 0.65 acres to the City of Clovis' SOI for territory located at the SW corner published in each regular and entire issue of said newspaper of Shaw and Winery Aves. (RSOI-159). and not in any supplement thereof on the following dates, 3. Fresno LAFCo Proposed Fiscal to wit: Year 2012-2013 Budget. Consideration of the Proposed Fiscal Year .2012-2013 LAFCo Budget by the Commission and MARCH 19, 2012 opportunity for public comment. 4. • Appointment of Public and Public Alternate Commission Member Applications are now being accepted fa; the Public Member and Alternate Public Member on·the LAFCo Commission PLEASE BE INFORMED THAT the public hearing to consider these Proposals will be held at I :30 p.m., I declare under penalty of perjury that the foregoing is true or soon thereafter, on April; II, 2012, and correct and that this declaration was executed at Fresno, !n Ro'oin 301, Hall of Records, Tulare California, and ."M" Streets, Fresno. All interested parti_es are invited to attend this hearing and present testimony on these matters. For additional information, coritact the MARCH 19, 2012 Fresno LAFCo Commission- Office at 2607 Fresno Street, Suite B, Fresno, CA 93721. Telephone: (559) 600-0604, e-mail: jewitte@co fresno ca us. DAT.Ell: March 19, 2012 03/19/2012 COUNTY OF FRESNO-AUDITOR-CONTROLLER/TREASURER-TAX COLLECTOH Municipal Service Review Preparation and Adoption SALARY EMPLOYEE BENEFITS & SUPPLIES FlXED PLEASE DETACH BEFORE DEPOSITING I Q ( Q ~ :: J - - ,( - ~ u ~ ./ . ) , I : ~ _ : _ : - J c , I D w : : ( Iw , x : . i . J Z - - : , ) : , i Q F ( , < r (~ : '· · , J . I ➔. . - ) . : . j ,:v L (, < ,E. U . I .' : ,. w~ ffi i , .. : . · . . . ; . : i : :i J ': i i S •J.1 : L a: L :: d ( f' · - . . . , ; t u. +-' STATE OF CALIFORNIA -THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt# E201210000102 Lead Agency: FRESNO LOCAL AGENCY FORMATION COMMISSION Date: 04/13/2012 County Agency of Filing: FRESNO COUNTY CLERK Document No: E201210000102 Project Title: MUNICIPAL SERVICE REVIEWS AND SPHERE OF INFLUENCE UPDATES PREPARED Project Applicant Name: -JE-FF -WI-TT-E -----------------Phone Number: (559) 600-0604 Project Applicant Address: 2607 FRESNO ST. STE B, FRESNO, CA 93721 Project Applicant: LOCAL PUBLIC AGENCY ADMINISTRATION FEE $ 50.00 CATEGORICAL EXEMPTION $ 0.00 Total Received $ 50.00 Signature and title of person receiving payment: STATE OF CALIFORNIA -THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt# E201210000102 Lead Agency: FRESNO LOCAL AGENCY FORMATION COMMISSION Date: 04/13/2012 County Agency of Filing: FRESNO COUNTY CLERK Document No: E201210000102 Project Title: MUNICIPAL SERVICE REVIEWS AND SPHERE OF INFLUENCE UPDATES PREPARED Project Applicant Name: JEFF WITTE Phone Number: (559) 600-0604 ---------------------- Project Applicant Address: 2607 FRESNO ST. STE B, FRESNO, CA 93721 Project Applicant: LOCAL PUBLIC AGENCY ADMINISTRATION FEE $ 50.00 CATEGORICAL EXEMPTION $ 0.00 Total Received $ 50.00 Signature and title of person receiving payment: E201210000102 f NOTICE OF EXEMPTION ~ l ~ ~ LEAD AGENCY: Fresno Local Agency Formation Commission, 2607 Fresno StreeAPSult'8 li012 Fresno, CA 93721. (559) 600-0604. APR 13 2012 TY, E By.=::::;~~~-=ll:::.:..I~~ PROJECT TITLE: Municipal Service Reviews and Sphere of Influence Update repared for Calwa Recreation and Park District, Central Valley Pest Control Districts, Reclamation District No. 1606, and Reclamation District No. 801 in Fresno County. LOCATION OF PROJECT: Unincorporated areas in Fresno County. NAME OF AGENCY APPROVING PROJECT: Fresno Local Agency Formation Commission. PROJECT DESCRIPTION: The project consists of review and adoption of Municipal Service Reviews and Sphere of Influence Updates prepared in accordance with Government Code Sections 56425 and 56430 for the following special districts: Calwa Recreation and Park District, Central Valley Pest Control Districts, Reclamation District No. 1606, and Reclamation District No. 801. The project involves review and adoption of specific determinations identified in Government Code Sections 56425 and 56430 for each of these special districts. FINDINGS: LAFCo has determined that the Commission's actions to find that the Municipal Service Reviews and Sphere of Influence Updates prepared for these special districts are complete and satisfactory, find that the written determinations within the Municipal Service Reviews and Sphere of Influence Updates satisfy State Law, and to adopt the determinations presented in the Municipal Service Reviews and Sphere of Influence Update documents are categorically exempt from CEQA per Section 15306 (Information Collection). The proposed Municipal Service Reviews and Sphere of Influence Updates are an administrative activity that will not bring about any physical changes in the environment. Contact Person: Date: April 11, 2012 G:\LAFCO WORKING FILES\MSR 2nd Round\CEQA\Notice of Exemption -April MSRs.doc E201210000102