LAFCO
Bard Resource Conservation District Service Area Plan
Read the report at Local Agency Formation Commissions ↗
EXECUTIVE OFFICER'S REPORT
To The
Local Agency Formation Commission
TO:
Commissioner
[City]
Commissioner
[Supervisor]
MARIA NAVA-FROELICH
MICHAEL KELLEY(Chair)
[City]
Commissioner
RAY CASTILLO
[Supervisor]
Commissioner
JASON JACKSON
[Public]
Commissioner
<b>DAVID WEST</b> (Vice-Chair)
[Supervisor]
Alt Commissioner
JACK TERRAZAS
JIM PREDMORE
[City]
Alt Commissioner
[Public]
RALPH MENVIELLE
Alt Commissioner
REPORT DATE:
September 14, 2016
FROM:
Jurg Heuberger, AICP, CEP, Executive Officer
PROJECT:
Bard Resource Conservation District Sphere of Influence (SOI) update and
Service Area Plan (SAP)/Municipal Services Review (MSR)
<b>HEARING DATE:</b>
<b>TIME</b>: 8:40 AM
September 22, 2016
AGENDA ITEM NO:
9
<b>HEARING LOCATION:</b>
El Centro City Council Chambers, 1275 Main Street, El Centro, CA
RECOMMENDATION(S)
<b>EXECUTIVE OFFICER</b>
BY THE
(In Summary & Order)
OPTION #1:
Approve the proposed Sphere of Influence (SOI) and the Service Area Plan/MSR
update as presented by the Executive Officer.
OPTION #2:
Approve the proposed Sphere of Influence (SOI) and Service Area Plan/MSR
update as requested with modifications, following the hearing by the
Commission.
OPTION # 3:
Continue the hearing for not to exceed 70 days
OPTION # 4:
Deny the Sphere of Influence and Service Area Plan update, and provide
direction to the District and EO for corrections.
<b>Project Data:</b>
<b>DATA & FACTS:</b>
Project ID
<b>BRCD 1-16</b>
Bard Resource Conservation District Sphere of Influence and Service Area
Project Name:
Plan Update (SAP)/MSR
<b>Bard Resource Conservation District</b>
Applicant/Proponent:
Application Type:
LAFCO requested update
Application Filed:
N/A (LAFCO Direction)
N/A
Certificate of Filing:
See Plan
Area/Size:
Maps of the District Boundary and the SOI are included in this report.
Location/Legal:
NA
Population:
Service Area Plan (SAP) / Municipal Services Review (MSR) Update.
Proposed Project:
The most recent version of the Bard Resource Conservation District
MSR/SAP:
MSR/SAP is 2006.
<b>TAX AGREEMENT:</b>
Board of Supervisors Action:
N/A
N/A
City Resolution:
Tax Split:
N/A
CEQA:
LAFCO
Lead Agency:
Exempt
Documentation:
JHNDEB\S\LAFCO\Executive Officer Reports\2016\09 22 16 EO Reports\EO Report Bard Resource Conservation District SAP Update 9 14 16 docx
<b>ANALYSIS</b>
Legal Requirements (Historical information):
Cortese-Knox-Hertzberg Reorganization Act of 2000 (CKH), also referred to as Government Code 56000 et Seq.,
provides the legal basis for the requirement of the Sphere of Influence and the Service Area Plan or Municipal
service Review (MSR) being considered within the scope of this hearing.
G.C. § 56425 (a) states in part; "In order to carry out its purposes and responsibilities for planning and shaping
the logical and orderly development and coordination of local governmental agencies so as to advantageously
provide for the present and future needs of the county and its communities, the commission shall develop and
determine the sphere of influence of each local governmental agency with the county and enact policies designed
to promote the logical and orderly development of areas within the sphere."
G.C. § 56425 (b - i) provide the frame work within which the Commission may approve the sphere of influence
and the process that needs to be followed.
G.C. § 56425 (e) states in part; "In determining the sphere of influence of each local agency, the commission
shall consider and prepare a written statement of its determination with respect to each of the following:
The present and planned land uses in the area.
(1)
The present and probable need for public facilities and services in the area.
(2)
The present capacity of public facilities and adequacy of public services that the agency provides
(3)
or is authorized to provide.
The existence of any social or economic communities' of interest in the area if the commission
(4)
determines that they are relevant to the agency.
G.C. § 56425 (f) is a critical new section that changed the parameters of the prior review insofar that this section
now requires that; "Upon determination of a sphere of influence, the commission shall adopt that sphere, and
shall review and update, as necessary, the adopted sphere not less than once every five years".
There appears to be a misconception that the agencies will have to prepare a full new plan every five years,
however the intent here is to "review" the prior plan and to amend it if necessary. If there have been significant
changes, or if there has been explosive growth, then certainly the amendment will be much more comprehensive.
G.C. § 56428 (a) provides the mechanism for anyone to file a request with the executive officer for an amendment
to the sphere of influence. It states in part; "Any person or local agency may file a written request with the
Executive Officer requesting amendments to a sphere of influence or urban service area adopted by the
commission..."
Again there may be some confusion in this area as there have been numerous questions about the "limitations" of
the sphere and the process to amend.
It appears clear that the mandate is to review the plan at least every five years but there is no apparent restriction
on the number of times that it may be amended nor is there a restriction on who can request such an amendment,
there is only a process that needs to be followed. It goes without saying however that for an amendment to work
it need the consensus of the City/District, the County and the Commission.
Just as there are provisions for the addition of areas to a sphere of influence there are provisions for a process to
remove an area from an approved sphere boundary. This is found in G.C. 56429.
In addition to the SOI process G.C. § 56430 (a - d) now addresses the requirement for the review of municipal
services which in our case has been referred to for nearly a decade as the Service Area Plan (SAP).
JHNDEBIS:\LAFCO\Executive Officer Reports\2016\09 22 16 EO Reports\EO Report Bard Resource Conservation District SAP Update 9 14 16 docx
G.C. § 56430 (a) states;
"In order to prepare and to update spheres of influence in accordance with Section
56425, the Commission shall conduct a service review of the municipal services provide in the county or other
appropriate area designated by the commission. The commission shall include in the area designated for service
review the county, the region, the sub region, or any other geographic area as its appropriate for an analysis of
the service or service to be reviewed and shall prepare a written statement of its determination with respect to
each of the following:
Infrastructure needs or deficiencies.
1)
2)
Growth and population projections for the affected area.
3)
Financing constraints and opportunities.
4)
Cost avoidance opportunities.
5)
Opportunities for rate restructuring.
6)
Opportunities for shared facilities
7)
Governmental structure options, including advantages and disadvantages of consolidation or
reorganization of service providers.
Evaluation of management efficiencies
8)
9)
Local accountability and governance."
G.C. § 56430 (d) also required that the Office of Planning and Research of the State, in consultation with the
commissions, and the California Association of LAFCO's and other governmental agencies, SHALL prepare a
comprehensive set of guidelines for service reviews by July 1, 2001. Since these guidelines are voluminous a full
text copy is not attached to the report however there is a PDF copy on the CD rom that has been provided to each
commissioner and every interested party. Furthermore, the Executive Officer has urged the various entities to
utilize the "draft final" version as a guide to preparing the SOI and SAP.
The PLAN as submitted:
11:__
The District provides a limited service to areas within Imperial County. The review in this case as is/was the case
in a number of other smaller districts pursuant to the direction of LAFCO focused primarily on the financial viability
of the District. Insofar as this is a limited purpose District the services provided appear to be and have been
provided adequately for the most part. The financials for the District as per the attached also show that it is
financially stable.
<b>District Approvals:</b>
III:
The District will need to accept the LAFCO approval of the SOI/MSR/SAP via a resolution to include any and all
recommendations.
CEQA:
IV:
It is argued and it is the Executive Officers opinion that the Service Area Plan fit within one or more "exemptions"
under the provisions of CEQA, not the least of which is the possible determination that this process is "not a
project".
JHIDEBIS/ILAFCOIExecutive Officer Reports/2016/09 22 16 EO Reports/EO Report Bard Resource Conservation District SAP Update 9 14 16 docx
Analysis by the Executive Officer / Determinations by the COMMISSION:
V:
G.C. § 56425 (e) states in part; "In determining the sphere of influence of each local agency, the Commission
shall consider and prepare a written statement of its determination with respect to each of the following:
The present and planned land uses in the area.
(1)
The present and probable need for public facilities and services in the area.
(2)
(3)
The present capacity of public facilities and adequacy of public services that the agency provides
or is authorized to provide.
The existence of any social or economic communities of interest in the area if the commission
(4)
determines that they are relevant to the agency.
Proposed findings by the Commission:
The present land use within the boundaries of the proposed SOI/SAP includes urban and
1)
predominately agricultural. The District formulates polices for the conservation of soil and
water within the confines of the District boundary, i.e. Bard Valley.
2)
Currently the services provided are according to the audited financial information being
supplied in a financially stable and adequate manner. (this district has a sparse budget, with
no annual audit and apparently all accounting handled by the County Auditor's office).
There are no known social or economic communities of interest relevant to this review.
3)
Public Notice:
VI:
Public notice for the proposed project hearing before the Imperial County Local Agency Formation Commission
has been given, according to Section § 56427. Notice was issued in the form of a publication in the IV Press at
least twenty-one (21) days prior or said hearing, and posted on our webpage.
VII:
Report:
In accordance with Section § 56665, the Executive Officer has prepared a report, and presented said report to
your Commission and to any public member requesting such report. In addition, a copy of said report has been
issued to the Bard Resource Conservation District and any party requesting a copy.
VIII:
Conflict of Interest Statement:
To date (at the writing of this report, September 14, 2016) no Commissioner has indicated that there is any
conflict of interest with regard to this project, nor has any Commissioner reported any communications with the
Applicant, Proponent or Opponent. The Commissioners will be asked to declare that during and prior to the
public hearing.
The Executive Officer does not have any type of known conflict of interest or financial gain as a result of this
project and owns no property in the vicinity.
JHIDEBIS ILAFCOIExecutive Officer Reports/2016/09 22 16 EO Reports/EO Report Bard Resource Conservation District SAP Update 9 14 16 docx
<b>EXECUTIVE OFFICERS RECOMMENDATION</b>
RECOMMENDATION:
It is the recommendation of the Executive Officer that LAFCO conduct a public hearing and consider all
information presented in both written and oral form. The Executive Officer then recommends, assuming no
significant public input warrants to the contrary, that LAFCO take the following action:
1:
Certify that the Service Area Plan is exempt from CEQA.
11:
Make the finding that this Sphere of Influence and Service Area Plan (SAP)/ Municipal Service Review
(MSR) is in substantial compliance with the provisions of the Cortese-Knox-Hertzberg Reorganization Act
of 2000 and the Imperial LAFCO Policy and Procedures. This District provides limited, in fact extremely
limited services to the Bard Valley, and requires no extensive MMRP analysis.
111:
Make the findings pursuant to Government Code Section § 56425 that:
a. The Service Area Plan has been reviewed by the Executive Officer and the Commission and the
District has the capacity and ability to provide services within the area.
b. The Service Area Plan for the District shows it to be operating its service in a financially sound
manner.
The Sphere of Influence currently adopted remains adequate for the District and no annexations or
changes to the boundary have occurred since the prior SAP review.
IV:
The Commission finds that, the present land uses within the boundaries of the District are urban and
predominately agricultural and the District provides only policy on conservation matters for soil and water
within the Bard Valley.
The Commission finds that, there are no known social or economic communities of interest in the areas.
V:
Since there have been no protests received, the Commission adopts and approves the current Sphere of
Influence Boundary as previously reviewed and approved.
LAFCO Policy:
The proposed Sphere of Influence and Service Area Plan appears to be consistent with the Cortese-Knox-
Hertzberg Reorganization Act of 2000, the Imperial LAFCO Policies and Procedures and the County of Imperial
General Plan (Chapter IV. B. of LAFCO's Policies, Standards and Procedures). Furthermore, the District has
(according to the Service Area Plan) the ability to supply the necessary public service, and has assured LAFCO
that it has the capacity to service the areas.
NOTE: All "cc" submittals are the Executive Officer's Report only. Attachments are generally too
voluminous and are only supplied on CD. Information about the project may also be found on the
LAFCO web page at www.iclafco.com.
CC
Bard Resource Conservation District
ATTACHMENTS:
EXHIBIT A - Financial Information
EXHIBIT B - Current Sphere of Influence Boundary Map
JHIDEBIS:\LAFCO\Executive Officer Reports\2016\09 22 16 EO Reports\EO Report Bard Resource Conservation District SAP Update 9 14 16 docx
<b>EXHIBIT A</b>
<b>Financial Documents</b>
BRCD 1-16
%
%
%
%
%
Current Date: 07/06/2016
Current Time: 10:19:49
%
Fav (Unfav)
Current YTD Act+Enc
(2,659.)
(200.)
(74.)
(459.)
4,
(3,392.)
(47.)
3,300,
4,
(459.)
oʻ
3,344.
3,300.
(2,933.)
Adj Bud vs.
2016
12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Encum
Fiscal Period
Fiscal Year
0.00
0.00
0.00
00.99
31.10
0.00
97.10
-97.10
31.10
0.00
0.00
00.99
0.00
0.00
YTD Actual MTD Actual
2,659.00
200.00
3,344.64
3,300.00
74.00
459.50
44.64
3,300.00
459.50
-47.86
2,933.00
0.00
44.64
3,392.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0
Adjusted
Budget
Note: % = (YTD Actual + Current Encum) / Adjusted Budget * 100)
Comparison of Actual to Budget (Revenue and Expenditures)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
00.0
Prior
Encu
Page:
4
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
00.00
0.00
0.00
Budget
Adjust.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Adopte<br>Budget
Version 3.0 6/23/2004
REV FROM USE OF MONEY&PROPERTY
BARD RESOURCES
Expenditures
Revenue
Net
430000 Interest Pooled Money
484050 Special District-Other
INTRA-FUND TRANSFERS
CHARGES FOR SERVICES
SERVICES & SUPPLIES
Office Expense
Exp-Insurance
Memberships
532005 Exp-Utilities
Expenditure Account
Description
OTHER CHARGES
Report Date 06/30/2016
Report: Budget_Actual_V3_NEW_
Revenue Account
Database Production
5501001
524000
517070
522000
Ledger G
User: LIZAP~1
Object
Ke
%
%
%
%
%
Current Date: 07/06/2016
Current Time: 10:18:51
প
Fav (Unfav)
Current YTD Act+Enc
(2,623.)
(300.)
(09)
(16,710.)
(385.)
(12,975.)
(13,342,)
135.
3,600.
3,735
3,600.
135
(2,983.)
(385.)
(13,342.
Adj Bud vs.
2015
12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Encum
Fiscal Period
Fiscal Year
0.00
60.00
00.009
00'0
13,342.56
3,342,56
32.71
13,435.27
-12,798.86
36.41
00.09
00.009
636.41
32.71
36.41
YTD Actual MTD Actual
3,735.74
2,623.00
300.00
00.09
13,342.56
135.74
3,600.00
385.13
3,342,56
3,600,00
2,983.00
-12,974.95
16,710.69
385.13
135.74
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0
Adjusted
Budget
Note: %a=(YTD Actual + Current Encum) / Adjusted Budget * 100)
Comparison of Actual to Budget (Revenue and Expenditures)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Prior
Encu
Page:
0.00
0.00
0.00
0.00
0.00
0.00
0.00
00.0
0.00
0.00
0.00
0.00
0.00
0.00
0.0
Budget
Adjust.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
00.0
0.00
0.00
0.00
0.00
0.00
Adopte<br>Budget
Version 3.0 6/23/2004
REV FROM USE OF MONEY & PROPERTY
BARD RESOURCES
Expenditures
Revenue
Net
430000 Interest Pooled Money
484050 Special District-Other
INTRA-FUND TRANSFERS
CHARGES FOR SERVICES
552000 Intrafund Transfer
SERVICES & SUPPLIES
Office Expense
Exp-Insurance
Memberships
532005 Exp-Utilities
Expenditure Account
OTHER CHARGES
Description
Report Date 06/30/2015
Report: Budget Actual V3 NEW
Revenue Account
Database Production
5501001
517070
524000
522000
Ledger G
User: LIZAP~I
Object
Ke
%
%
%
%
%
Current Date: 07/06/2016
Current Time: 09:42:32
%
Fav (Unfav)
Current YTD Act+Enc
(2,648.)
(150.)
(58.)
(489.)
(3,345.)
103.
957.
4,200.
4,303.
(2.856.)
(489)
0
4,200.
103
Adj Bud vs.
2014
12
0.00
00,00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.0
0.00
0.00
0.00
Encum
Fiscal Period
Fiscal Year
20,10
0.00
00.009
0.00
0.00
74.53
620.10
00.009
74.53
20.10
0.0
0.00
545.57
74.53
YTD Actual MTD Actual
4,303.15
103.15
2,648.00
150.00
58.00
4,200.00
489.46
4,200.00
489.46
2,856.00
0.00
957.69
3,345.46
103.15
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0
Adjusted
Budget
Comparison of Actual to Budget (Revenue and Expenditures)
Note: % = (YTD Actual + Current Encum) / Adjusted Budget * 100)
0.00
00.0
0.00
0.00
0.00
0.00
0.00
0.00
00.00
0.00
0.00
0.00
0.00
0.00
_
Prior
Encu
Page:
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Budget
Adjust.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Adopte
Budget
Version 3.0 6/23/2004
REV FROM USE OF MONEY & PROPERTY
BARD RESOURCES
Expenditures
Revenue
Net
430000 Interest Pooled Money
484050 Special District-Other
INTRA-FUND TRANSFERS
CHARGES FOR SERVICES
SERVICES & SUPPLIES
Office Expense
Exp-Insurance
Memberships
532005 Exp-Utilities
Expenditure Account
Description
OTHER CHARGES
Report Date 06/30/2014
Report: Budget_Actual_V3_NEW_
Revenue Account
Database Production
5501001
524000
517070
522000
Ledger G
User: LIZAP~1
Object
Ke
<b>EXHIBIT B</b>
Current SOI Boundary Map
BRCD 1-16
R ; v e
T13S
T14S
W98
TOTAL PAR
RD
715S
SOEWINGER
FAS
DE HAMISHED
T16S
WINTERHA
RZSE
R22E
R21E
International Border -- Mexico
<b>Bard Resource Conservation District</b>
local agency formation commission
<b>EXHIBIT 2</b>