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Irish Beach Water District, 2025

Local Agency Formation Commissions · mendocino-msr-2025-2025-03-03finalibwdmsr-soiupdate · Msr · 2025-03-03

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Photo Credit: Michael Rymer Irish Beach Water District 2025 Municipal Service Review and Sphere of Influence Update Prepared By: Workshop: November 4, 2024 Mendocino LAFCo Public Hearing: March 3, 2025 200 South School Street Adopted: March 3, 2025 Ukiah, California 95482 LAFCo Resolution No: 2024-25-09 http://www.mendolafco.org/ [This page intentionally left blank] Resolution No. 2024-25-09 of the Mendocino Local Agency Formation Commission Approving the Irish Beach Water District Municipal Service Review and Sphere of Influence Update 2025 WHEREAS, the Mendocino Local Agency Formation Commission, hereinafter referred to as the “Commission”, is authorized to conduct municipal service reviews and establish, amend, and update spheres of influence for local governmental agencies whose jurisdictions are within Mendocino County; and WHEREAS, the Commission conducted a municipal service review to evaluate the Irish Beach Water District, hereinafter referred to as the “IBWD or District”, pursuant to California Government Code Section 56430; and WHEREAS, the Commission conducted a sphere of influence update for the District pursuant to California Government Code Section 56425; and WHEREAS, the Commission held a public workshop on November 4, 2024 to receive public and agency comments and provide direction on revisions to the District’s Draft MSR/SOI update; and WHEREAS, the Executive Officer gave sufficient notice of a public hearing to be conducted by the Commission in the form and manner prescribed by law; and WHEREAS, the Executive Officer’s report and recommendations on the municipal service review and sphere of influence update were presented to the Commission in the manner provided by law; and WHEREAS, the Commission heard and fully considered all the evidence presented at a public hearing held on the Municipal Service Review and Sphere of Influence update on March 3, 2025; and WHEREAS, the Commission considered all the factors required under California Government Code Sections 56430 and 56425. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Mendocino Local Agency Formation Commission, as follows: 1. The Commission, as Lead Agency, finds the municipal service review categorically exempt from further review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations §15306 (Class 6 Exemption). This finding is based on the use of the municipal service review as a data collection and service evaluation study. There are no land use changes or environmental impacts created or recommended by the MSR. The information contained within the municipal service review may be used to consider future actions that will be subject to additional environmental review. 2. The Commission, as Lead Agency, finds the sphere of influence update exempt from further review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations §15061(b)(3) (General Rule). This finding is based on the Commission determining with certainty that the sphere of influence update will have no possibility of LAFCo Resolution No. 2024-25-09 03-03-2025 "Exhibit A" MillsCreek MalloPassCreek ·|}þ 1 MalloPassCreek n a e c O c i P a c i f CYPRESS POINT RD. SEA CYPRESS DR. ALTA MESA ROAD NAVARRO WAY G N A O R Y .DR HCAEB HSIRI O C I W A A C Y T. ARENA M CT. AL A LO R PAS E S N DR. A EU C C LYP I T R US . WY. CYP P R A O E C M S Q O S U P I L S A A T R K A E K P W A D C R AY E IV R E D. FOREST O'ROR EY V 'S PL. IEW O R 'R D O . RE P Y O 'S M R O O L O A S K T E CIR. ALTA MESA CT. HILLCREST DRIVE Irish GulchIrishGulch ·|}þ 1 OWL CREEK RD Irish Beach Water District Sphere of Influence Irish Beach Water District Highways Sphere of Influence Roads S N o o u te rc : e T : h T is h m is a m p a is p n w o a t s a p s r u e r p v a e r y e d p r b o y d u th c e t. Mendocino County Department of Information Services GIS Program, May 2024. Parcels Streams 500 250 0 500 Feet ° TABLE OF CONTENTS LIST OF FIGURES ............................................................................................................................................ 3 LIST OF TABLES .............................................................................................................................................. 3 ACRONYMS ................................................................................................................................................... 5 1 INTRODUCTION .................................................................................................................................. 1-1 1.1 Local Agency Formation Commission ....................................................................................... 1-1 1.2 Mendocino LAFCo ..................................................................................................................... 1-1 1.3 Municipal Service Review ......................................................................................................... 1-2 1.4 Sphere of Influence .................................................................................................................. 1-3 1.5 Senate Bill 215 .......................................................................................................................... 1-3 2 AGENCY OVERVIEW ........................................................................................................................... 2-1 2.1 History ...................................................................................................................................... 2-1 2.1.1 Formation ............................................................................................................................. 2-1 2.1.2 Boundary .............................................................................................................................. 2-1 2.1.2.1 Boundary Change History ............................................................................................ 2-1 2.1.3 Services ................................................................................................................................. 2-2 2.1.4 Latent Powers....................................................................................................................... 2-2 2.2 Government Structure.............................................................................................................. 2-6 2.2.1 Governing Body .................................................................................................................... 2-6 2.2.2 Public Meetings .................................................................................................................... 2-7 2.2.3 Standing Committees ........................................................................................................... 2-7 2.2.4 Public Outreach .................................................................................................................... 2-7 2.2.5 Complaints ........................................................................................................................... 2-7 2.2.6 Transparency and Accountability ......................................................................................... 2-7 2.3 Operational Structure ............................................................................................................... 2-8 2.3.1 Management and Staffing .................................................................................................... 2-8 2.3.1.1 Contract Staffing and Services ..................................................................................... 2-9 2.3.2 Agency Performance .......................................................................................................... 2-10 2.3.2.1 Challenges .................................................................................................................. 2-10 2.3.2.2 Distinguished Services ............................................................................................... 2-10 2.3.2.3 Strategic or Succession Planning ............................................................................... 2-11 2.3.3 Regional and Service Specific Collaboration ...................................................................... 2-11 2.3.4 Shared Service Delivery ...................................................................................................... 2-11 2.3.4.1 Adjacent Providers ..................................................................................................... 2-11 2.3.4.2 Shared Services and Facilities .................................................................................... 2-14 2.3.4.3 Duplication of Services .............................................................................................. 2-14 2.3.4.4 Interagency Collaboration ......................................................................................... 2-14 2.3.4.5 Regional and Service-Specific Participation ............................................................... 2-14 2.3.5 Government Structure and Community Needs ................................................................. 2-14 2.3.5.1 Enhanced Service Delivery Options ........................................................................... 2-14 2.3.5.2 Government Restructure Options ............................................................................. 2-15 2.4 Finances .................................................................................................................................. 2-15 2.4.1 Current Fiscal Health .......................................................................................................... 2-15 2.4.1.1 Revenues and Expenditures ...................................................................................... 2-16 2.4.1.2 Assets and Liabilities .................................................................................................. 2-17 2.4.1.3 Net Position ............................................................................................................... 2-17 2.4.2 Long Term Financial Considerations .................................................................................. 2-17 2.4.2.1 Reserves ..................................................................................................................... 2-17 2.4.2.2 Outstanding Debt/Cost Avoidance ............................................................................ 2-17 2.4.2.3 Rate Restructuring ..................................................................................................... 2-18 2.4.2.4 Capital Improvement Plan ......................................................................................... 2-19 2.5 Growth .................................................................................................................................... 2-20 2.5.1 History ................................................................................................................................ 2-20 2.5.2 Present and Planned Land Use and Development ............................................................. 2-20 2.5.2.1 Land Use .................................................................................................................... 2-20 2.5.2.2 Development ............................................................................................................. 2-23 2.5.3 Existing Population ............................................................................................................. 2-23 2.5.4 Projected Growth ............................................................................................................... 2-23 2.5.5 California Housing Goals .................................................................................................... 2-23 2.6 Disadvantaged Unincorporated Communities ....................................................................... 2-24 3 MUNICIPAL SERVICES ......................................................................................................................... 3-1 3.1 Service Overview ...................................................................................................................... 3-1 3.1.1 Services ................................................................................................................................. 3-1 3.1.2 Service Areas ........................................................................................................................ 3-1 3.1.3 Outside Agency Services ...................................................................................................... 3-1 3.2 Water ........................................................................................................................................ 3-1 3.2.1 Service Overview .................................................................................................................. 3-1 3.2.2 Service Adequacy ................................................................................................................. 3-2 3.2.2.1 Water Demand and Capacity ....................................................................................... 3-3 3.2.2.2 Drought Contingency Planning .................................................................................... 3-4 3.2.2.3 Regulatory Permits and Compliance History ............................................................... 3-5 3.2.2.4 Needs and Deficiencies ................................................................................................ 3-6 3.2.3 Facilities and Assets.............................................................................................................. 3-6 3.2.3.1 System History ............................................................................................................. 3-8 3.2.3.2 System Improvements ................................................................................................. 3-9 3.2.3.3 Engineering Reports .................................................................................................. 3-10 3.3 Wastewater Services .............................................................................................................. 3-12 3.3.1 Service Overview ................................................................................................................ 3-12 3.3.2 Service Adequacy ............................................................................................................... 3-12 3.3.3 Facilities and Assets............................................................................................................ 3-12 3.3.3.1 System History ........................................................................................................... 3-12 3.3.3.2 System Improvements ............................................................................................... 3-13 3.3.3.3 Engineering Reports .................................................................................................. 3-13 3.4 Determinations ....................................................................................................................... 3-13 3.4.1 MSR Review Factors ........................................................................................................... 3-13 3.4.1.1 Growth ....................................................................................................................... 3-13 3.4.1.2 Disadvantaged Unincorporated Communities .......................................................... 3-14 3.4.1.3 Capacity of Facilities and Adequacy of Services ........................................................ 3-14 3.4.1.4 Financial Ability of Agency ......................................................................................... 3-15 3.4.1.5 Shared Services and Facilities .................................................................................... 3-16 3.4.1.6 Accountability, Structure and Operational Efficiencies ............................................. 3-16 3.4.1.7 Other Service Delivery Matters ................................................................................. 3-17 4 SPHERE OF INFLUENCE....................................................................................................................... 4-1 4.1 Mendocino LAFCo Policies ........................................................................................................ 4-1 4.2 Existing Sphere of Influence ..................................................................................................... 4-4 4.2.1 Study Areas .......................................................................................................................... 4-4 4.2.2 Area of Interest Designation ................................................................................................ 4-5 4.3 Proposed Sphere of Influence .................................................................................................. 4-5 4.4 Consistency with LAFCo Policies ............................................................................................... 4-5 4.5 Determinations ......................................................................................................................... 4-5 4.5.1 Present and planned Land Uses ........................................................................................... 4-6 4.5.2 Present and probable need for facilities and services in this area ...................................... 4-6 4.5.3 The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide .................................................................................................. 4-6 4.5.4 The existence of any social or economic communities of interest in the area if the Commission determines that they are relevant to the agency ......................................................... 4-7 4.5.5 The present and probable need for public facilities and services of any disadvantaged unincorporated communities ............................................................................................................ 4-7 4.6 Recommendation ..................................................................................................................... 4-7 5 REFERENCES ....................................................................................................................................... 5-1 6 ACKNOWLEDGEMENTS ...................................................................................................................... 6-1 6.1 Report Preparation ................................................................................................................... 6-1 6.2 Assistance and Support ............................................................................................................ 6-1 7 APPENDICES ....................................................................................................................................... 7-1 7.1 Appendix A – Open Government Resources ............................................................................ 7-1 7.2 Appendix B – Website Compliance Handout ............................................................................ 7-2 7.3 Appendix C – Housing Legislation Trends and Results ............................................................. 7-3 7.4 Appendix D – District Financial Audits ...................................................................................... 7-6 LIST OF FIGURES Figure 2-1: Irish Beach Water District Boundary ....................................................................................... 2-4 Figure 2-2: Mendocino County Water and Sanitation Districts and Companies ....................................... 2-5 Figure 2-3: IBWD Organization Chart ......................................................................................................... 2-9 Figure 2-4: Adjacent Private Water Service Providers ............................................................................. 2-13 Figure 2-5: Mendocino County General Plan Land Use Map ................................................................... 2-21 Figure 2-6: Mendocino County Zoning Map ............................................................................................ 2-22 Figure 3-1: Distribution and Transmission Pipelines By Age, 2014 ............................................................ 3-7 Figure 3-2: IBWD Well Activation and Tank Replacement Project Locations ............................................ 3-8 Figure 3-3: IBWD Facilities ....................................................................................................................... 3-13 LIST OF TABLES Table 1-1: Current Mendocino LAFCO Commissioners, 2025 .................................................................... 1-1 Table 2-1: IBWD Profile .............................................................................................................................. 2-1 Table 2-2: IBWD Board of Directors ........................................................................................................... 2-6 Table 2-3: IBWD Financial Summary ........................................................................................................ 2-15 Table 2-4: IBWD Cash Accounts ............................................................................................................... 2-16 Table 2-5: IBWD Revenues and Expenditures .......................................................................................... 2-16 Table 2-6: Assets and Liabilities ............................................................................................................... 2-17 Table 2-7: IBWD Net Position .................................................................................................................. 2-17 Table 2-8: Connection Fees ...................................................................................................................... 2-18 Table 2-9: MHI Data ................................................................................................................................. 2-26 Table 3-1: IBWD Historic Total Annual Water Demand ............................................................................. 3-3 Table 3-2: Summary of Source Capacity .................................................................................................... 3-3 Table 3-3: IBWD Water Storage Facilities .................................................................................................. 3-7 Table 3-4: Proposition 218 Projects Preliminary Plan.............................................................................. 3-11 Table 7-1: Mendocino County RHNA Allocations ...................................................................................... 7-4 ACRONYMS AB Assembly Bill ACS American Community Survey ADU Accessory Dwelling Unit AF Acre-feet AMI Area Median Income AOI Area of Interest APN Assessor Parcel Number APR Annual Progress Report AWDF Alternative Water Development Fund CAL FIRE California Department of Forestry and Fire Protection CALAFCO California Association of Local Agency Formation Commissions CCR Consumer Confidence Report CDP Census Designated Place CEQA California Environmental Quality Act CIP Capital Improvement Plan CKH Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 CPA Certified Public Accountant CPI Consumer Price Index CRWA California Rural Water Association CSDA California Special Districts Association DUC Disadvantaged Unincorporated Community DWR California Department of Water Resources ECWD Elk County Water District ELEC California Elections Code EPA United States Environmental Project Agency FPPC Fair Political Practices Commission FY Fiscal Year GC California Government Code GHG Greenhouse Gas Gpd Gallons Per day Gpm Gallons Per minute HCD California Department of Housing and Community Development HSC California Health and Safety Code IBWD Irish Beach Water District ILG Institute for Local Government IRWM Integrated Regional Water Management JADU Junior Accessory Dwelling Unit LAFCo Local Agency Formation Commission LCP Local Coastal Plan MCOG Mendocino Council of Governments (MCOG) MG Million gallons MHI Median Household Income MND Mitigated Negative Declaration MPO Metropolitan Planning Organization MSR Municipal Service Review NCRP North Coast Resource Partnership OPR California Governor’s Office of Planning and Research RHNA Regional Housing Needs Allocation RTP Regional Transportation Plan SAFER Safe and Affordable for Equity and Resilience SB Senate Bill SDUC Severely Disadvantaged Unincorporated Community SDWA Safe Drinking Water Act of 1974 SDWIS Safe Drinking Water Information System SOI Sphere of Influence SWRCB State Water Resources Control Board USPS United States Postal Service WAT California Water Code WDR Waste Discharge Requirement WTP Water Treatment Plant INTRODUCTION 1-1 1 INTRODUCTION 1.1 Local Agency Formation Commission Local Agency Formation Commissions (LAFCos/Commissions) are quasi-legislative, independent local agencies established by State legislation in 1963 to oversee the logical and orderly formation and development of local government entities including cities and special districts. There is one LAFCo for each county in California. LAFCo is responsible for implementing the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH) under California Government Code (GC) Section (§) 56000 et seq., to promote orderly growth, prevent urban sprawl, preserve agricultural and open space lands, and oversee efficient provision of municipal services. LAFCo has the authority to establish and reorganize cities and special districts, change their boundaries and authorized services, allow the extension of public services, perform municipal service reviews, and establish spheres of influence. Some of LAFCo’s duties include regulating boundary changes through annexations or detachments and forming, consolidating, or dissolving local agencies. 1.2 Mendocino LAFCo The CKH Act provides for flexibility in addressing State regulations to allow for adaptation to local needs. Each LAFCo works to implement the CKH Act to meet local needs through the flexibility allowed in how state regulations are implemented. As part of this process, Mendocino LAFCo has adopted policies, procedures, and principles that guide its operations. These policies and procedures can be found on Mendocino LAFCo’s website.1 Mendocino LAFCo has a public Commission with seven regular Commissioners and four alternate Commissioners. The Commission is composed of two members of the Mendocino County Board of Supervisors, two City Council members, two Special District Board of Directors members, and one Public Member-At-Large. The Commission also includes one alternate member for each represented category. Table 1-1 below lists the current members, the organization they represent, if they are an alternate, and the date their term expires. Table 1-1: Current Mendocino LAFCO Commissioners, 2025 Commissioner Name Position Representative Agency Term Expires Madeline Cline Commissioner County 2028 Gerardo Gonzalez Commissioner City 2026 Candace Horsley Commissioner Special Districts 2026 Susan Mahoney Commissioner Special Districts 2028 Maureen Mulheren Chair County 2026 Mari Rodin Commissioner City 2025 Gerald Ward Vice-Chair/Treasurer Public 2026 Douglas Crane Alternate City 2025 John Haschak Alternate County 2027 Raghda Zacharia Alternate Public 2027 Vacant Alternate Special District 2026 1 The Mendocino LAFCo Policies and Procedures Manual can be found here: Policies & Procedures Manual. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update INTRODUCTION 1-2 1.3 Municipal Service Review The CKH Act requires each LAFCo to prepare a Municipal Service Review (MSR) for its cities and special districts (GC §56430).2 MSRs are required prior to and in conjunction with the update of a Sphere of Influence (SOI).3 This review is intended to provide Mendocino LAFCo with the necessary and relevant information related to the services provided by Irish Beach Water District (IBWD/District). An MSR is a comprehensive analysis of the services provided by a local government agency to evaluate the capabilities of that agency to meet the public service needs of their current and future service area. An MSR must address the following seven factors: 1. Growth and population projections for the affected area. 2. The location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence. 3. Present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies including needs or deficiencies related to sewers, municipal and industrial water, and structural fire protection in any disadvantaged unincorporated communities within or contiguous to the sphere of influence. 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. MSRs include written statements or determinations with respect to each of the seven mandated areas of evaluation outlined above. These determinations provide the basis for LAFCo to consider the appropriateness of a service provider’s existing and future service area boundary. This MSR Update studies the water services and the administrative supervision of septic systems provided by IBWD. This review also provides technical and administrative information to support Mendocino LAFCo’s evaluation of the existing boundary for the District. With this MSR, Mendocino LAFCo can make informed decisions based on the best available data for the service provider and area. Written determinations (similar to ‘findings’), as required by law, are presented in Chapter 3.3. LAFCo is the sole authority regarding approval or modification of any determinations, policies, boundaries, SOIs, reorganizations, and provision of services. This MSR/SOI study makes determinations in each of the seven mandated areas of evaluation for MSRs. Ideally, an MSR will support LAFCo and will also provide the following benefits to the subject agencies: • Provide a broad overview of agency operations including type and extent of services provided; • Serve as a prerequisite for a SOI Update; 2 GC §56430 (2024) can be found here: California Government Code § 56430 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. 3 Assembly Committee on Local Government, “Guide to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2020.” December 2023. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update INTRODUCTION 1-3 • Evaluate governance options and financial information; • Demonstrate accountability and transparency to LAFCo and to the public; and • Allow agencies to compare their operations and services with other similar agencies. 1.4 Sphere of Influence The CKH Act requires LAFCo to adopt an SOI for all local agencies within its jurisdiction. An SOI is “a plan for the probable physical boundary and service area of a local agency or municipality as determined by the Commission” (GC §56076).4 When reviewing an SOI for a municipal service provider, under GC §56425(e)5, LAFCo will consider the following five factors: 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. 5. For an update of an SOI of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection, that occurs pursuant to GC §56425(g) 5 on or after July 1, 2012, the present and probable need for those public facilities and services of any Disadvantaged Unincorporated Communities (DUCs) within the existing SOI. SOI studies include written statements or determinations with respect to each of the five mandated areas of evaluation outlined above. These determinations provide the basis for LAFCo to consider the appropriateness of establishing or modifying a service provider’s SOI or probable future boundary. 1.5 Senate Bill 215 Senate Bill (SB) 215 (Wiggins) requires LAFCo to consider regional transportation plans and sustainable community strategies developed pursuant to SB 375 before making boundary decisions. SB 375 (Sustainable Communities and Climate Protection Act) requires each Metropolitan Planning Organization (MPO) to address regional greenhouse gas (GHG) emission reduction targets for passenger vehicles in their Regional Transportation Plan (RTP) by integrating planning for transportation, land use, and housing in a sustainable communities strategy. Mendocino County is not located within an MPO boundary and therefore is not subject to the provisions of SB 375. However, the Mendocino Council of Governments (MCOG) supports and coordinates the local planning efforts of Mendocino County and the cities of Fort Bragg, Point Arena, Ukiah, and Willits to address regional housing and transportation needs and helps provide a framework for sustainable regional growth patterns through the 2018 Mendocino County Regional Housing Needs Plan and Vision 4 GC §56076 (2024) can be found here: California Government Code § 56076 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. 5 GC §56425 (2024) can be found here: California Government Code § 56425 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update INTRODUCTION 1-4 Mendocino 2030 Blueprint Plan. The MCOG is also responsible for allocating regional transportation funding to transportation improvement projects consistent with the 2017 RTP for Mendocino County. Mendocino County and the cities of Fort Bragg, Point Arena, Ukiah, and Willits are the local agencies primarily responsible for planning regional growth patterns through adoption and implementation of general plan and zoning regulations. While Mendocino County is not subject to the provisions of SB 375, LAFCo will review applicable regional transportation and growth plans when considering a change of organization or reorganization application. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-1 2 AGENCY OVERVIEW Table 2-1: IBWD Profile Agency Name: Irish Beach Water District General Manager General Manager Position Vacant Water System Manager Brant O’Dell Office Location: 15401 Forest View Road, Manchester, CA 95459-0067 Mailing Address: PO Box 67 Manchester, CA 95459-0067 Phone Number: (707) 882-2892 or (707) 913-9708 Website: https://www.ibwd.org Email: General.Manager@IBWD.org or IBWD.Operations@IBWD.org Date of Formation: February 8, 1967 Agency Type: California Water District Enabling Legislation California Water District Law: Water Code Section 34000 et seq. Board Meeting Schedule: The Board meets on the second Saturday of every odd month at 10:00 AM at the Rex Dunning Firehouse, also known as the Irish Beach Fire House. 2.1 History 2.1.1 Formation The Irish Beach Water District (IBWD/District) is an independent special district established on February 8, 1967 for the primary purpose of providing water to the Irish Beach Subdivision (Subdivision) (Local Agency Formation Commission (LAFCo/Commission) Resolution No. 67-2). On April 4, 1967, the Mendocino County Board of Supervisors adopted Resolution No. 67-57 certifying the election process that formed the IBWD and establishing the Board of Directors under California Water Code (WAT) Section (§) 34000 et seq.6 In 1980, under California Health and Safety Code (HSC) §6955 et seq.,7 the District added a wastewater disposal zone to its purview and currently provides administrative overview of existing and future private and community septic systems. 2.1.2 Boundary The District is located on State Highway 1, approximately four miles north of Manchester and seven miles south of Elk in the unincorporated area of Mendocino County’s south coast region. There are 450 parcels within the District boundary, covering an area of 1,294 acres or 2.02 square miles. Of those 450 parcels, the District serves 207 parcels, three of which are undeveloped. The remaining 243 lots are vacant and not connected to the District’s water system. 2.1.2.1 BOUNDARY CHANGE HISTORY The District originally consisted of the Irish Beach Subdivision, which consisted of 460 parcels totaling 220 acres when it was formed in 1967 (LAFCo Resolution No. 67-2). In 1972, the Moore’s Annexation added 6 WAT §34000 et seq. can be found here: Codes: Code Search (ca.gov). 7 HSC §6955 et seq. can be found here: Codes Display Text (ca.gov). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-2 400 acres to the District (LAFCo Resolution No. 72-7) and a second Moore’s Annexation added an additional 720 acres in 1975 (LAFCo Resolution No. 75-14). The last completed boundary change was the Arnold Detachment, which removed 112.23 acres from the District in December 1988 (LAFCo Resolution No. 88-9). The change in the number of parcels is also the result of landowner-initiated parcel mergers over the years as well as litigation that redefined several parcels as dedicated open space in the Subdivision. In 2021, several parcels were merged per litigation settlement and transferred to the Irish Beach Cluster Homes Association as dedicated open space. The cluster homes are located on Hillcrest Drive in the Subdivision. 2.1.3 Services The IBWD provides water supply, treatment, and distribution services to residents within the Irish Beach Subdivision. Additionally, the District is obligated to provide water services to two undeveloped parcels located outside of the District service area referred to as the “Inn Site”. The District also supplies treated water to licensed water haulers with private customers outside of the District. In addition to water services, the District provides administrative overview of private and community septic systems, which was acknowledged in the 2014 Municipal Service Review (MSR) for the District. For more information regarding these services, refer to Chapter 3. 2.1.4 Latent Powers Latent powers are those services, functions, or powers authorized by the principal act under which the District is formed, but that are not being exercised or authorized by LAFCo. Division 13 of California Water District Law (WAT §34000 et seq.)8 identifies the following potential powers available to the District: a) WAT §35401: Production, storage, transmission, and distribution of water for irrigation, domestic, industrial, and municipal purposes, and any drainage or reclamation works connected therewith or incidental thereto. b) WAT §35412: The Irish Beach Water District may acquire, construct, and operate facilities for providing fire protection to the district and its inhabitants, including buildings, engines, hose, hose carts, or carriages, and other appliances and supplies for the full equipment of a fire company or department. The Irish Beach Water District for the purpose of providing fire protection services may exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code. If the district includes any part of a city, fire protection district, or other local agency which provides fire protection service to any territory in the district, or if the Department of Forestry and Fire Protection provides fire protection service to any territory in the district, the district shall have no authority pursuant to this section regarding the prevention and suppression of fires in these 8 WAT §34000 – 38501 can be found here: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=WAT&division=13.&title=&part=&cha pter=&article=&nodetreepath=12. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-3 territories, unless the district has obtained the consent of the city, fire protection district, other local agency, or the Department of Forestry and Fire Protection. The provisions of this section are necessary because of the great need for fire protection services within the area of the Irish Beach Water District. There is no other local governmental entity willing to provide this service to the people of the district. This problem is not common to all districts formed under this division. It is therefore hereby declared that a general law cannot be made applicable and that the enactment of this section as a special law is necessary for the solution of problems existing in the Irish Beach Water District. c) WAT §35500: Collection, treatment, and disposal of sewage, waste, and stormwater. The California Health and Safety Code (HSC §6955 et seq.),9 under which the wastewater disposal zone was added in 1980, identifies the following potential powers: a) To collect, treat, reclaim, or dispose of wastewater without the use of communitywide sanitary sewers or sewage systems and without degrading water quality within or outside the zone. b) To acquire, design, own, construct, install, operate, monitor, inspect, and maintain on-site wastewater disposal systems, not to exceed the number of systems specified pursuant to either Section 6960 or Section 6960.1, within the zone in a manner which will promote water quality, prevent the pollution, waste, and contamination of water, and abate nuisances. c) To conduct investigations, make analyses, and monitor conditions with regard to water quality within the zone. d) To adopt and enforce reasonable rules and regulations necessary to implement the purposes of the zone. Such rules and regulations may be adopted only after the board conducts a public hearing after giving public notice pursuant to Section 6066 of the Government Code. Any expansion of services would necessitate prior approval from LAFCo through an application for activation of latent powers, which generally follows the normal Commission proceedings for a change of organization or reorganization (California Government Code (GC) §56650 et seq.). 10 For a regional map of Mendocino County’s water and sanitation districts and companies, refer to Figure 2-2. 9 HSC §6955 et seq. can be found here: Codes Display Text. 10 GC §56650 et seq. can be found here: Codes: Code Search (ca.gov). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-4 Figure 2-1: Irish Beach Water District Boundary Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-5 Figure 2-2: Mendocino County Water and Sanitation Districts and Companies Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-6 2.2 Government Structure 2.2.1 Governing Body The District is governed by a five-member Board of Directors elected by landowners within the District boundaries. The directors are normally elected at-large in staggered four-year terms. Board members, positions, and term expiration dates are shown in Table 2-2. Eligible Board candidates must be registered voters residing within the District boundaries. If the number of candidates is equal to, or fewer than, the number of Board vacancies, District Board members may be appointed in lieu of election by the County Board of Supervisors per California Elections Code (ELEC) §10515.11 New Board members take office at noon on the first Friday in December following their election. The process for appointment of Board of Directors seats vacated prior to the scheduled term expiration date is governed by GC §1780-1782.12 The Board of Directors has 60 days to appoint an interested and qualified individual to a vacant seat if proper noticing requirements have been met. If the District cannot fill the seat within the 60-day period, the Mendocino County Board of Supervisors can appoint a director to the District Board during a 30-day period following the initial 60-day period. If the vacant seat is not filled during the total 90-day period, the vacant seat remains empty until the next election. Four of the Board members have served the District for consecutive terms, which can be a significant benefit in establishing long-standing positive working relationships in the community, understanding the history and unique aspects of the organization, and maintaining institutional knowledge. However, much of the District is comprised of vacation homes or short-term rentals with a small number of full-time residents who would qualify to sit on the District Board. This is a common problem for other small service providers within the region and throughout rural areas of California. Table 2-2: IBWD Board of Directors Name Office/Position Term Expiration Length of Term Susan Israel President December 2025 4 Years Danielle Hohos Vice President December 2027 4 Years Heather Hackett Secretary December 2027 4 Years Tom Ottoboni Treasurer December 2027 4 Years Mel Kimsey Director December 2025 4 Years Source: IBWD 2024a. The Board currently has no vacancies. While the District experienced a period of frequent changes in the composition of the Board of Directors, the Board stabilized in 2021 with a slate of knowledgeable committed directors. 11 ELEC §10515 (1994) can be found here: California Code, ELEC 10515. 12 GC §1780-1782 (2008) can be found here: California Code, GOV 1780. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-7 2.2.2 Public Meetings Regularly scheduled meetings are held on the second Saturday of every odd numbered month at 10:00 AM. Meetings are held at the Rex Dunning Firehouse, also known as the Irish Beach Fire House, which is owned by the District. In accordance with the Brown Act, all District Board meetings are open to the public and are publicly posted a minimum of 72 hours prior to regular meetings, or a minimum of 24 hours prior to special meetings. The District regularly maintains a website,13 which hosts current agendas and meeting packets, past meeting minutes, budgets, audits, water reports, and District information. Regular Board meetings, records, annual budgets, and financial audits are kept current and maintained by the Board president and Board secretary. 2.2.3 Standing Committees Committees assist in carrying out various functions of local government. The District currently has one standing committee: the Budget and Finance Committee. In addition, the District has several ad hoc committees, including the Grant Committee, the Proposition (Prop) 218 Committee, the Communications and Outreach Committee, the Litigation Committee, and the Organizational Structure Committee. 2.2.4 Public Outreach With the passage of Senate Bill (SB) 929 in 2018, all special districts are required to establish and maintain a website with specific information and accessibility requirements by January 2020. The District’s website contains information about the District, its governance, finances, meetings, projects, and other relevant information benefiting the public. The District keeps residents informed of District requirements and activities through word-of-mouth and during public meetings. In addition, the District maintains a Facebook page, posts information in community kiosks, and sends communications through the United States Postal Service (USPS) as well as email distribution lists. The District is encouraged to review Appendix B – Website Compliance Handout for a full list of SB 929 compliance requirements. 2.2.5 Complaints Customers may file complaints via the general manager’s email address listed on the District’s website. The Board secretary currently manages the email address as the general manager position is vacant. Complaints are then brought to the Board of Directors for action. The full procedure for how complaints are handled can be found in the District’s Policy Handbook.14 The District has not received any formal complaints in the last five years. The District periodically receives customer inquiries about billing issues or during operational emergencies; however, these are routine customer communications which are addressed in compliance with IBWD Policy 1030. 2.2.6 Transparency and Accountability The IBWD Bylaws were originally approved on July 11, 1972, and were first amended in 1977, and then again in 1987. The Bylaws serve as the legal guidelines of the organization by providing written rules that 13 The IBWD Website can be found here: www.ibwd.org. 14 The IBWD Policy Handbook (November 2023) can be found here: IBWD_POLICY_MANUAL.pdf. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-8 control internal affairs. They define the group's official name, purpose, requirements for membership, officers’ titles and responsibilities, how offices are to be assigned, how meetings should be conducted, and how often meetings will be held. The District also maintains a policy handbook which was last updated in November 2023 and contains policies related to operations, personnel, conflicts of interest, and financial matters. The policy handbook is posted on the District’s website. The Political Reform Act requires all state and local government agencies to adopt and promulgate a Conflict-of-Interest Code pursuant to GC §81000 et seq.15 The District currently maintains a Conflict-of- Interest Code which can be found in the District’s policy handbook. The Political Reform Act also requires persons who hold office to disclose their investments, interests in real property, and incomes by filing a Statement of Economic Interests (Fair Political Practices Commission Form 700) each year pursuant to GC §87203.16 The District informed LAFCo staff that the Board’s five directors are current on their required Form 700 filings. Although the general manager position is currently vacant, the District shares that the previous water system manager/acting general manager was up to date on their Form 700 filing. According to Assembly Bill (AB) 1234, if a local agency provides compensation or reimbursement of expenses to local government officials, then all local officials are required to receive two hours of training on public service ethics laws and principles at least once every two years. In addition, the agency must establish a written policy on reimbursements pursuant to GC §53235.17 The District currently has five Board of Directors who are required to attend ethics training every two years; all officials have attended ethics training within the last two years. In addition, the District reports that the previous water system manager/acting general manager attended ethics training in the last two years. Refer to Appendix A – Open Government Resources for a brief list of educational resources regarding open government laws. 2.3 Operational Structure 2.3.1 Management and Staffing Up until September 2024, daily operations of the District were managed by the water system manager/acting general manager who oversaw three part-time employees who serve as operators that run the District’s water system. The water system manager/acting general manager retired from the IBWD in September 2024, and an interim water system manager was appointed in October 2024. The District anticipates changing it to a permanent appointment later in the year. At the time of this study, there is a vacancy for the general manager position, and the District is in the process of recruiting for an interim or permanent hire (IBWD 2024c, pg. 2). The interim water system manager currently manages the daily operations of the District water system and oversees the three part-time operators. 15 GC §87300 et seq. (2011) can be found here: Codes Display Text (ca.gov). 16 GC §87203 (2022) can be found here: California Code, GOV 87203. 17 GC §53235 (2023) can be found here: California Code, GOV 53235. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-9 The water system manager/acting general manager was responsible for managing District infrastructure by performing preventative maintenance and carefully evaluating the most cost-effective methods for repairs and improvements. In addition, the water system manager/acting general manager and the Board evaluated federal and state resources, such as grants and technical assistance, using such resources when available (LAFCo 2024b). Additional staff for the District include a staff assistant who takes care of the District’s administrative affairs including billing, arranging for hookups, and other duties related to administrative oversight of the private septic systems. In addition, the District has a special assistant who is responsible for assisting the Board. The District also maintains one on-call employee who provides extra help when necessary. Refer to Figure 2-3 for the District’s organizational chart. The District performs evaluations of overall agency performance, including benchmarking, budget execution reviews, and grant project status reporting. Figure 2-3: IBWD Organization Chart Source: IBWD 2024d. 2.3.1.1 CONTRACT STAFFING AND SERVICES The District maintains contracts for several services, including legal counsel, financial audits, information technology support, administrative support for the Board treasurer, and a notetaker (IBWD 2024d). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-10 2.3.2 Agency Performance A component of monitoring agency performance is routinely evaluating staff productivity. The District has indicated during this MSR process that it is planning to implement written performance evaluations in the near future (LAFCo 2024b). District staff identify areas in need of improvement and take corrective action when feasible and appropriate through the normal course of business or inform the Board when further direction is needed. Historically, the District water system manager/acting general manager and the Board of Directors shared the responsibility of monitoring and evaluating agency operations through regulatory reporting and review of District databases and records. However, while the general manager position is vacant, these responsibilities are overseen by the Board of Directors. 2.3.2.1 CHALLENGES The District faces several challenges including aging infrastructure, drought conditions, and the identification and development of water sources for future development. Some of the District’s crucial water system components date as early as 1965 and have met the end of their useful lifespan, requiring urgent repair and replacement to continue providing sufficient water supplies to its customers. Sourcing adequate funds for capital funds is and will remain a challenge as current revenue is limited and the system is within a limited customer base. Additionally, the rising costs of maintenance and repairs continue to rise. Another significant and common challenge for many water agencies in the County and throughout the state is cyclical and emergency drought conditions. The fluctuating availability of water resources due to declining annual rainfall levels poses a challenge to the delivery of safe, affordable, and efficient water supplies. Although the District was able to provide water services to its existing customers during the most recent 2021-2022 drought emergency, 2021 was the first year the Irish Gulch fell below the level necessary to draw and treat water. The conditions reduced surface water flow to a level that temporarily stopped water distribution sales to licensed water haulers outside of the District. Beyond the planning horizon of this document, the District will need to develop additional water sources to support the buildout of undeveloped lots. In addition, the slow pace of buildout has left the cost of running the system on a customer base that is less than half of the number of customers envisioned when the development was approved. Historically on average, the District gains one to two new customers per year. 2.3.2.2 DISTINGUISHED SERVICES District staff have managed the aging infrastructure on a limited budget by scheduling replacements at the point that it becomes inefficient to manage the facility through emergency repairs. In 2020, the District completed a project to install smart water meters, which provided the opportunity to identify leaks more quickly, and dramatically reduced the volume of water losses. In recent years, the District has increased outreach activities and has succeeded in engaging more of the community in participating in Board meetings resulting in greater transparency. Moreover, in 2022, the District secured $400,000 in grant funding from the California Department of Water Resources (DWR) Small Community Drought Relief Program to complete three major infrastructure projects, successfully managing grant funding and construction activities with in-house staff. For more information regarding these projects, refer to Section 3.2.3.2. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-11 2.3.2.3 STRATEGIC OR SUCCESSION PLANNING The District does not have an established strategic plan, mission statement, or official goals. While the District is not legally obligated to maintain these types of documents and/or plans, doing so helps to support planning related to the future of the District, and transparency to customers and residents of the District and members of the public. In lieu of these documents, the Board considers progress and setbacks over the prior year and plans for the coming year during the annual budget development process. LAFCo staff recommend that the District consider preparing a strategic plan when the resources to do so are readily available. 2.3.3 Regional and Service Specific Collaboration The District does not participate in any formal interagency collaborative arrangements or mutual aid agreements. However, the District does maintain an informal collaborative arrangement with the Elk County Water District (ECWD) for shared staffing, operating resources, and best management practices. The ECWD is a small water service provider located approximately 7.8 miles north of IBWD along State Highway 1. The IBWD and ECWD employ three individuals who work for both districts, and up until September 2024, the districts shared a water system manager/acting general manager. Shared staffing has facilitated the exchange of operational knowledge and coordination between the two agencies. The districts continue to share information regarding equipment, vendor and consultant services, and staffing resources for large emergency projects. The District works with Mendocino County on a variety of issues and routinely coordinates with the State Water Resources Control Board (SWRCB). IBWD is an active member of the California Special Districts Association (CSDA), which provides sample policies, training, updates on changing regulations, and a forum for discussing industry standards and best practices. In addition, the District is a member of the California Rural Water Association (CRWA), which provides technical assistance, as well as training resources addressing both administrative and operational issues. Moreover, the District benchmarks similarly situated water districts in Northern California. LAFCo staff recommends that the District consider attending regional and service-specific meetings and communicating with colleagues regarding industry standards, best management practices, changing regulations, and service delivery models implemented by other agencies or organizations. 2.3.4 Shared Service Delivery 2.3.4.1 ADJACENT PROVIDERS There are no adjacent local agencies providing water and/or wastewater services. The nearest public provider is the City of Point Arena which provides wastewater services within the city boundaries. The City of Point Arena is located approximately 7.4 miles south of the District. Approximately 7.8 miles north of the District is ECWD which provides water services. There are a few private water service providers in the region that are located within at least 10 miles of the IBWD: Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-12 • Point Arena Water Works (CA2310013) – community water system,18 202 connections, approximately 7.6 miles south; • Point Arena Lighthouse (CA2300845) – transient water system,19 two connections, approximately six miles south; and • Lighthouse Point (CA2300653) – transient water system, 51 connections, approximately three miles south. GC §56375(r)20 authorizes LAFCo to approve, with or without amendment, wholly, partially, or conditionally, or disapprove the annexation of territory served by a mutual water company that operates a public water system into the jurisdiction of a city, a public utility, or a special district, with the consent of the respective public agency or public utility and mutual water company. IBWD does not currently participate in any shared collaborations with adjacent private water service providers and given its isolation, there are no opportunities for shared collaborations identified as part of this MSR process. 18 Community water systems are defined by the State Water Board as entities like cities, counties, regulated utilities, regional water systems, and smaller water companies and districts where people live. The people they serve obtain all or much of their water from this type of public water system because they reside or regularly spend time in the system. 19 Transient water systems are defined as entities like rural gas stations, restaurants, and State and National parks that provide their own potable water source. Most people that consume the water neither reside nor regularly spend time there. Source: https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/waterpartnerships/what_is_a_public_w ater_sys.pdf. 20 GC §56375(r) (2023) can be found here: California Code, Government Code - GOV § 56375 | FindLaw. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-13 Elk County Water District Irish Beach Water District Lighthouse Point Point Arena Lighthouse Point Arena Water Works Figure 2-4: Adjacent Private Water Service Providers Source: SWRCB 2024b. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-14 2.3.4.2 SHARED SERVICES AND FACILITIES The District does not currently own any facilities or services with other agencies. The District supplies the California Department of Forestry and Fire Protection (CAL FIRE) and the Redwood Coast Fire Protection District (which serves the District area) with water and hydrants for fire protection. 2.3.4.3 DUPLICATION OF SERVICES The District does not currently have any formal overlap, duplication, or redundancy of services with local government agencies, non-profit organizations, or private businesses nearby because of its isolated location. 2.3.4.4 INTERAGENCY COLLABORATION The District does not participate in any interagency collaborative arrangements or mutual aid agreements. However, as previously mentioned, the District informally shares staffing, operating resources, and best management practices with the ECWD, such as equipment, vendor and consultant services, and employees for large emergency projects. The IBWD and ECWD employ three staff members who work for both districts, and until September 2024, the districts shared a water system manager/acting general manager. As such, there is potential for further collaboration between the two. As previously noted, the District coordinates with CAL FIRE and the Redwood Coast Fire Protection District. With respect to emergency drought conditions, the District collaborates informally with neighboring water service providers and answers calls for assistance when appropriate (LAFCo 2024b). 2.3.4.5 REGIONAL AND SERVICE-SPECIFIC PARTICIPATION As previously noted, the District is an active member of CSDA and CRWA. It is recommended that the District continue participation efforts to learn about new opportunities to achieve operational efficiencies by attending regional and service-specific meetings and communicating with colleagues regarding industry standards, best management practices, changing regulations, and service delivery models implemented by other local agencies. The District does not participate in the North Coast Resource Partnership (NCRP) Integrated Regional Water Management (IRWM) Program. Participation in this type of joint planning activities often offers opportunities to pursue joint grant applications and to leverage other community resources, and it may be beneficial to the District to consider participation in future IRWM efforts. 2.3.5 Government Structure and Community Needs 2.3.5.1 ENHANCED SERVICE DELIVERY OPTIONS The District is the only agency providing water services to the Irish Beach Subdivision. The IBWD does not share services or facilities with other districts apart from those listed in Section 2.3.4.2 above. Fire protection for properties within IBWD is provided by Redwood Coast Fire Protection District. Wastewater services within the IBWD are provided by on-site septic systems. In 1980, the District included a wastewater disposal zone to its purview and currently provides administrative supervision of existing and future private and community septic systems No opportunities for the District to achieve organizational or operational efficiencies were identified during the preparation of this MSR. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-15 2.3.5.2 GOVERNMENT RESTRUCTURE OPTIONS Government restructure options should be pursued if there are potential benefits in terms of reduced costs, greater efficiencies, better accountability or representation, or other advantages to the public. No opportunities for government restructure options were identified during the preparation of this MSR. 2.4 Finances 2.4.1 Current Fiscal Health The District operates as a water enterprise fund, meaning that charges for services are intended to pay for the costs of providing such services. The water enterprise fund is the main source of revenue for operation and maintenance purposes. The District has reported to LAFCo staff that current financing levels are adequate for delivery of services. Revenues for the District consist primarily of charges for water services. The District Board of Directors annually adopt a budget and has an independent audit performed each year. Annual audits for Fiscal Year (FY) 2018 through FY 2021 were provided by the District for this MSR. Audits were prepared by an independent Certified Public Accountant (CPA), Rich Bowers, CPA. The District utilizes an economic resources measurement focus and an accrual basis of accounting for its financial statements. Table 2-3 below provides a summary of the audits provided. The District reports it is behind on its audit schedule. The financial statement audit for the FY ending September 30, 2022, is in progress and should be published soon. The audit for the FY ending September 30, 2023, will commence once the audit for FY 2022 has been completed (LAFCo 2024b). Table 2-3: IBWD Financial Summary FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Beginning Net Position 1,155,268 1,128,646 953,263 951,298 Ending Net Position 1,128,646 953,263 951,298 935,383 Operating Revenue Water Usage 35,419 33,588 44,709 52,479 Water Availability 160,374 168,924 188,694 206,127 Late Fees 2,335 1,478 2,310 3,620 Other Income 2,662 1,877 400 500 Total Operating Revenues 200,790 205,867 236,113 262,726 Operating Expenses Source of Supply (4,981) (6,699) (15,251) (9,976) Transmission and Distribution (20,057) (40,808) (30,532) (39,552) Water Treatment (23,487) (19,883) (23,692) (54,494) Customer Accounts (5,360) (8,568) (15,209) (6,407) Meter Installations - (51,740) - - General and Administrative (81,552) (76,835) (59,331) (105,171) Legal Fees (61,612) (149,131) (64,264) (31,399) Depreciation (35,916) (35,916) (34,325) (34,888) Total Operating Expenses (232,965) (389,130) (242,604) (281,887) Operating Income/(Loss) (32,175) (183,263) (6,491) (19,161) Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-16 Table 2-3: IBWD Financial Summary FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Non-Operating Revenues (Expenses) Investment Earnings 6,302 8,383 6,942 6,810 Interest Income (72) (36) (1,662) (2,407) Other Expense (677) (467) (754) (1,157) Total Non-Operating Revenue 5,553 7,880 4,526 3,246 (Expenses) Change in Net Position from Prior FY (26,622) (175,383) (1,965) (15,915) Source: Rich Bowers, CPA 2021 and 2023. Cash accounts for the District are summarized below in Table 2-4: Table 2-4: IBWD Cash Accounts FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Cash in Checking and Savings 59,254 33,221 20,682 80,856 Capital Asset Assessments – 247,597 224,663 Redwood Credit Union 503,364 466,913 Capital Asset Assessments – 366,298 372,092 Mendocino County Total Cash and Cash 673,149 629,976 524,046 547,769 Equivalents Source: Rich Bowers, CPA 2021 and 2023. In the District's FY 2020 and FY 2021 financial statement audits, the auditor reported all Capital Asset Assessments into a single line. It should be noted that the District has Capital Asset funds in both Redwood Credit Union and Mendocino County Treasury accounts. 2.4.1.1 REVENUES AND EXPENDITURES The District primarily generates operating revenue through water service charges (water usage, water availability, late fees, and other income). Non-operating revenues include investment earnings. The increase in revenue for FY 2019 from water availability charges of $8,550 reflected a user fee rate increase that took effect halfway through the year. However, expense costs are steadily rising and outpacing revenues. Expenses for the District vary by year. Legal fees represent a large amount of the expenses during years of litigation as shown in FY 2019. Operating loss in FY 2019 is also the result of $51,740 in operating expenses for the electronic meter replacement project and a $20,000 increase in Transmission and Distribution due to the increasing occurrence of leaks and repairs in the aging water system (Rich Bowers, CPA 2021, pg. 6). Despite the gradual increase in operating income, operating income was a net loss in both FY 2020 and 2021. Table 2-5: IBWD Revenues and Expenditures FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Revenue 207,092 214,250 243,055 269,536 Expenditures 233,713 389,633 245,020 285,441 Source: Rich Bowers, CPA 2021 and 2023. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-17 2.4.1.2 ASSETS AND LIABILITIES Assets and liabilities for the District are shown in Table 2-6. Assets include current assets, restricted assets, and capital assets. Current assets include cash and cash equivalents, accounts receivable, assessments receivable, and prepaid insurance. Restricted assets account for cash and cash equivalents, due from operations, and interest receivable. Capital assets account for property, the water treatment plant (WTP), and equipment with the net of accumulated depreciation. Table 2-6: Assets and Liabilities FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Assets 1,491,558 1,439,011 1,396,796 1,432,077 Liabilities (362,912) (485,748) (445,498) (496,694) Source: Rich Bowers, CPA 2021 and 2023. 2.4.1.3 NET POSITION As shown in Table 2-3, expenses have exceeded revenues from FY 2018 through 2021, indicating that the District’s net position is steadily decreasing over time (see Table 2-7). Table 2-7: IBWD Net Position FY 18 ($) FY 19 ($) FY 20 ($) FY 21($) Net Position – End of Year 1,128,646 953,263 951,298 935,383 Source: Rich Bowers, CPA 2021 and 2023. 2.4.2 Long Term Financial Considerations 2.4.2.1 RESERVES The District does not maintain any formal policies related to reserves. As of February 2024, reserve funds totaled $547,916. 2.4.2.2 OUTSTANDING DEBT/COST AVOIDANCE Safe Drinking Water Loan The District’s Safe Drinking Water Loan was paid in full as of 2024 (LAFCo 2024b). Litigation In November of 2009, a local developer-initiated court proceedings for inverse condemnation, claiming the District trespassed and inversely condemned private property for the drilling of a well. On February 26, 2024, a final judgment was issued by the Mendocino County Superior Court in litigation entitled Moores v. Irish Beach Water District. The judgment ended a long-standing litigation, which took place in three phases: • Phase One concerned the Moores' inverse condemnation liability claims against the District; • Phase Two concerned the damages attributable to the finding of liability in Phase One; and • Phase Three concerned all remaining claims of the Moores, including issues as to the Prop 218 assessment, declaratory and injunctive relief, trespass, unjust enrichment, and breach of contract. The judgement also addressed various attorney fees, costs, expert fees, and interest awards. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-18 The Court found in favor of the Moores for Phase One and Phase Two. The Phase Two judgment awarded Moores $25,000 plus some fees and costs. Regarding Phase Three, the parties partially settled these claims in 2016. As to the remaining claims, the Court reviewed four components of the Prop 218 special assessments: System Wide; Mallo Pass; Capital Replacements (greater than 40 years); and Loan Replacements. The Moores' claims concerned all but loan replacements. The Court found in favor of the Moores regarding the System Wide and Mallo Pass assessments and in favor of the District regarding the Capital Replacement assessment. The Court also found in the District's favor regarding the Moores’ claims of trespass, unjust enrichment, and breach of contract (IBWD 2024h). Plaintiffs sought $632,470.00 in attorney’s fees related to taking of T5 Well easement. The Trial Court awarded Plaintiffs $48,614.00 in attorney’s fees on July 8, 2024. Plaintiffs sought to recover trial-related costs in the amount of $206,875.52. On July 8, 2024, the Trial Court awarded Plaintiffs their trial-related costs in the amount of $16,984.00 (IBWD 2024j). 2.4.2.3 RATE RESTRUCTURING The District charges fees for parcels connected to the water system. Each year the Board reviews water rates in conjunction with the annual budget and adjusts as required to assure that the water rates accurately reflect the needs of the approved budget including consideration of inflationary adjustments tied to the Consumer Price Index (CPI) as of January of each succeeding year with a maximum annual adjustment not to exceed three percent. The current rate structure was adopted on September 14, 2024 under IBWD Resolution No. 2024-7 and reflects the following: • Usage Rate (per 100 gallons) $0.83 • Availability Charge / 1 month $108.56 • Availability Charge / 2 months $217.13 In May of 2022, the District increased the service connection fee to cover the estimated reasonable cost of materials and labor necessary to make connections to the District’s water system. The District’s current connection fees are listed below in Table 2-8. Table 2-8: Connection Fees ¾ inch 1 inch Materials & Equipment (Meter, EMR Upgrade, Pipes & Fittings, Backhoe) $338 $1,138 Labor (Workers, Admin., Manager, Benefits) $187 $398 Indirect Costs $75 $75 Total Connection Fee $600 $1,611 Source: LAFCo 2024b. Prop 218 was approved by California voters in November 1996 to ensure that the setting of all taxes and most charges to property owners be transparent and subject to voter approval. In addition, Prop 218 seeks to curb some perceived abuses in the use of assessments and property-related fees, specifically the use of these revenue-raising tools to pay for general governmental services rather than property-related services (O’Malley 1996). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-19 The District currently collects two annual assessments from parcel owners to fund the maintenance of and improvement of existing facilities. The 2002 District-wide Capital Improvement Assessment was suspended in 2017 pending the outcome of litigation. In February of 2024, the Court found in favor of the District for the Capital Replacement component of the Prop 218 assessment. On March 9, 2024, the Board voted to reinstate the Capital Replacement portion of the 2002 District-wide Capital Improvement Assessment effective with FY 2024 - 2025 at the rate of $72 per parcel, regardless of connection to the water system, which would yield approximately $32,197 per year (IBWD 2024i, pg. 2). In April of 2024, the District contracted with SCI Consulting Group to prepare an independent study and engineering report related to conducting the Prop 218 process to approve assessments necessary to fund the maintenance, replacement, and/or improvement of the facilities that have been identified as part of this Prop 218 process. On August 10, 2024, the Board approved the preliminary Irish Beach Water District 2024 Water System Upgrade and Sustainability Assessment and moved to provide for the notice of hearing and the mailing of assessment ballots (IBWD Resolution No. 2024-5 and 2024-6). The public hearing was held on October 5, 2024, and parcel owners voted to pass the 2024 Prop 218 assessment. The Board of Directors adopted the final engineering report and ordered to levy the assessment under IBWD Resolution No. 2024-8, effective FY 2024 – 2025 at a rate of $258 per year for developed properties connected to the water system and a rate of $98.04 per year for bare land vacant lots. The assessment rate can increase in future years based on the annual change in the Engineering News Record Construction Cost Index 20-city average as of January of each succeeding year, with the maximum annual adjustment not to exceed four percent in one year. If the annual adjustment for a year is below or not equal to the four percent cap, the difference can be added to a future maximum allowed adjustment increase. The assessment will be invoiced and mailed to landowners for FY 2024-2025 and will appear on annual property tax bills in subsequent years. The estimated amount to be collected for the 2024 assessment in FY 2024-2025 is $76,750 (IBWD 2024f, pgs. 1-2). 2.4.2.4 CAPITAL IMPROVEMENT PLAN In 2023, the District recognized the need for a comprehensive assessment of its potable water system and engaged Hazen & Sawyer, Water Quality and Supply Engineers to prepare the report. The subsequent assessment, utilizing the existing asset pipeline inventory, identified a Capital Improvement Plan (CIP) for the rehabilitation and replacements of potable pipes within the District over the next 25 plus years, including the replacement of over 3,000 feet of pipe and other infrastructure within one to five years. The complete technical memorandum from Hazen & Sawyer is available as Exhibit A of the 2024 Water System Upgrade and Sustainability Assessment. During the February 2024 Board of Director’s meeting, the Board voted to use the remaining funds from the Capital Replacement portion of the 2002 District-wide Capital Improvement Assessment to implement high priority projects identified during the 2024 Prop 218 study. As of February 2024, the District’s Capital Replacement Fund had a balance of $101,557. The two annual assessments will provide a stable and reliable source of revenue for long-term capital improvement planning for the District. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-20 2.5 Growth 2.5.1 History The Irish Beach Subdivision was originally a large sheep ranch purchased in the early 1960s by Bill Moores, Senior, a lumberman from Ukiah, California, whose ambition was to establish a second home development on the coast (Irish Beach Rental Agency 2024). The Subdivision was developed in 1967 and includes a total of 450 lots, 204 of which are currently developed. 2.5.2 Present and Planned Land Use and Development The IBWD boundary is entirely located within the unincorporated area of Mendocino County. Mendocino County has land use authority over privately-owned lands within the District boundary and makes land use decisions based on the County’s adopted General Plan and Zoning Code regulations. The IBWD is also located in the coastal zone and is subject to the regulations of the Coastal Element, a part of Mendocino County’s Local Coastal Plan (LCP) as approved by the Coastal Commission. Any proposed changes to the land use or development patterns of the District area must also be approved by the Coastal Commission. 2.5.2.1 LAND USE The specific land use designations within the District according to the County’s adopted General Plan are primarily rural residential uses with two open space parcels, and rangeland and forestland uses located north, east, and south of the Subdivision. The designations include the following: • Rural Residential, 10 acre minimum (RR10); • Rural Residential, one acre minimum, (RR1); • Rural Residential, one acre minimum: Planned Development, one acre minimum 1 (RR1:PD); • Rural Residential, five acre minimum: Planned Development, five acre minimum (RR5:PD5); • Suburban Residential Planned Development (SR:PD); • Rangeland, 160 acres minimum (RL160); • Forestland, 160 acres minimum (FL160); and • Open Space (OS). Refer to Figure 2-5 for the Mendocino County General Plan land use map. Two parcels located within the District’s SOI are currently designated Rangelands (RL) with a Visitor Accommodation and Services Combining District (VAS) for hotel, inn, or motel use types (*2C) up to 20 units. These parcels, identified as the “Inn Site”, are currently undeveloped and the property owner has an agreement with the District to provide services should the property ever be developed. However, given the constraints of the parcels, only a small portion of which is developable, it is unlikely that an inn of the maximum size would be feasible. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-21 Figure 2-5: Mendocino County General Plan Land Use Map Source: Mendocino County 2024. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-22 Figure 2-6: Mendocino County Zoning Map Source: Mendocino County 2024. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-23 2.5.2.2 DEVELOPMENT Future growth and development of the District is subject to the Mendocino County land use regulations. The County has adopted plans and policies to regulate growth, including a General Plan and a Zoning Code. The County’s Zoning Code contains three major geographical zones: Inland, Coastal, and Mendocino Town. The Irish Beach Subdivision is included in the Coastal Zone (County of Mendocino 2021). As shown in Figure 2-6, the zoning map designates most of the Irish Beach Subdivision as single-family residential apart from two open space parcels. The surrounding parcels within the District boundary include Timber production (TP) and Rangeland (RL). 2.5.3 Existing Population The limits of the District include the Irish Beach Subdivision, which consists of primary homes, secondary homes, and short-term vacation rentals owned and occupied primarily by retirees. The nearest community is Manchester, which is a Census Designated Place (CDP) with a population of 153. Irish Beach is located within Census Block Group 1, Tract 111.02 in Mendocino County, which has a population of 1,108 (476 households; 273.2 square miles) and an MHI of $66,300 (U.S. Census Bureau 2022a). The number of water connections that the District serves (207; three of which are undeveloped) does not change throughout the year; however, demand for service increases seasonally. As previously mentioned, the District consists of a mixture of primary residences, second homes, and short-term vacation rental properties, though the exact number of each is unknown (LAFCo 2024b). 2.5.4 Projected Growth The District’s population is limited to residents within the Irish Beach Subdivision. Currently, 204 of the 450 lots in the Irish Beach Subdivision are developed. The anticipated growth of the District is limited to the development of the additional 246 lots. Currently, a population of approximately 254 people reside in Irish Beach year-round, which fluctuates with seasonal residents at various times of the year. Assuming the County’s average of 2.46 people per household, full buildout of the Subdivision would result in an estimated population of 1,107 residents. However, while the District’s original application for formation estimated a buildout population of 1,200, the District has since undergone several annexations, and the District has experienced little development within the remaining undeveloped areas. Historically on average the District has added one to two new connections per year (LAFCo 2024b). The District anticipates little growth in resident population within the near-term (five years) and long- term (20 years) planning horizons. The projected population decline of 2.7 percent throughout the County suggests that buildout of the residential parcels will likely not occur until well beyond the planning horizon of this document (California Department of Finance (DOF) 2024). Fluctuating water availability also plays a role in the future development of the District. As it currently stands, the District has enough supply to provide water to 141 future connections (LAFCo 2024b). Given that the projected population trends countywide predict an overall decline in population and the existing number of undeveloped lots in the Subdivision, there is more than sufficient land for the District to accommodate any future development. However, changes to California housing laws could result in a slight increase in development and density within the District beyond what is discussed above. 2.5.5 California Housing Goals In 2017, the State of California passed SB 299 and SB 1069 to address the increasingly desperate need for affordable housing in the State. The legislation allowed local ordinances for Accessory Dwelling Unit (ADU) Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-24 construction in districts zoned for single and multifamily residential uses. An ADU is a secondary dwelling unit for one or more persons on the same parcel as a larger, primary dwelling. An ADU can either be attached or detached to the primary residential structure on the property but must include complete independent living facilities (including permanent provisions for entry, living, sleeping, eating, cooking and sanitation, and adequate water service and sewage disposal systems). As codified by GC §65852.150,21 the California Legislature found and declared that, among other things, allowing ADUs in zones that allow single-family and multifamily uses provides additional rental housing and is an essential component in addressing California’s housing needs. In the years since, state ADU law has been revised to improve its effectiveness in creating more housing units. New laws have since been passed which address barriers to their implementation at scale; for example, setting development criteria for ADUs, streamlined permit processing, and limiting impact fees. Implementation of state law requires updating local ordinances, estimating ADU capacity when used to address Regional Housing Needs Allocation (RHNA) in housing element updates, and a housing element program to incentivize and promote ADUs that can be offered at affordable rents. As the state continues to pass legislation to help tackle the ongoing housing crisis, the inevitable impacts on service providers because of development will continue to mount. It is imperative that small districts such as IBWD stay up to date on legislative changes. For additional information and data on housing legislation see Appendix 7.3. 2.6 Disadvantaged Unincorporated Communities Senate Bill 244, which became effective in January 2012, requires LAFCo to evaluate any disadvantaged unincorporated communities (DUCs), including the location and characteristics of any such communities, when preparing an MSR that addresses agencies that provide water, wastewater, or structural fire protection services22. A DUC is an unincorporated geographic area with 12 or more registered voters with a median household income (MHI) that is less than 80 percent of the State MHI. According to the United States American Community Survey (ACS) 2022 1-Year Estimates, the statewide MHI for California was $91,551 (U.S. Census Bureau 2022d). Thus, the MHI DUC threshold is $73,240 and the threshold for severely disadvantaged unincorporated communities (SDUCs) (less than 60 percent of the State MHI) is $54,930. Disadvantaged unincorporated communities are identified to address a myriad of issues from environmental justice to land use planning. Linking these disparate issues together, the sole statutory criterion for determination of a DUC is MHI. The smallest geographic units for which MHI data is publicly available are Census Block Groups. Outside of heavily urbanized areas, however, Census Block Groups are geographically expansive. They often include both incorporated and unincorporated territory and do not necessarily coincide with typically understood community boundaries. Although a block group might be identified as having a MHI of less than 80 percent, various portions of that block group could be significantly wealthier in rural areas, or the block group could split an otherwise contiguous community. 21 GC §65852.150 (2023) can be found here: California Government Code § 65852.150 (2023) :: 2023 California Code :: US Codes and Statutes :: US Law :: Justia. 22 Technical advisory on SB 244 can be found here: https://opr.ca.gov/docs/SB244_Technical_Advisory.pdf. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-25 As a result, within rural areas, such as Mendocino County, assembling income data for specific unincorporated communities is not always straightforward. In Mendocino County, identifying and mapping DUC locations is a complex process because the delineation of DUC boundaries often differs from those common to the local agency and the public. Some entities, such as Sonoma County LAFCo and Stanislaus County, utilize CDPs to help provide usable geographies for DUC boundaries, but even then, mapping and data challenges persist. Median household income ratios are subject to adjustment over time and can result in a change to a community’s disadvantaged status. Similarly, the number of registered voters can fluctuate during election years causing further variability. Senate Bill 244 describes the general characteristics of DUCs, but it does not provide specific guidance or methodology for how to identify them, other than providing the following criteria: • Contains 10 or more dwelling units in close proximity to one another; • Is either within a city SOI, is an island within a city boundary, or is geographically isolated and has existed for more than 50 years; and • Has an MHI that is 80 percent or less than the statewide MHI • For this analysis, per the California Association of Local Agency Formation Commissions (CALAFCO) recommendation, calculated the “MHI Threshold” i.e. 80 percent of the statewide MHI as $73,240, per the ACS MHI data (the MHI for the State of California is $91,551) (U.S. Census Bureau 2022d). • Income data was sourced from the ACS 5-Year Estimates dataset for 2018-2022 and the 2022 ACS 1-Year Estimates. This State legislation is intended to ensure that the needs of these communities are met when considering service extensions and/or annexations in unincorporated areas. The smallest geographic unit with publicly available data that includes the District is a Census Block Group (Block Group 1). A Census Block Group is a smaller subdivision of a Census Tract, offering more detailed demographic information about an area. However, it is important to consider that Census Block Groups are generally geographically expansive in rural areas. Block Group 1 has a population of 1,108 (476 households; 273.2 square miles) and a MHI of $66,300 which is lower than the MHI DUC threshold of $73,240 (U.S. Census Bureau 2022a). For further comparison, the Census Tract that Block Group 1 is located within (Census Tract 111.02) has a population of 4,827 (1,968 households; 320.8 square miles) and a MHI of $83,135 which is higher than the MHI DUC threshold (U.S. Census Bureau 2022b). The Irish Beach Subdivision is a mixture of primary homes, second homes, and short-term vacation rentals located immediately on the coastline. The District and surrounding areas have a notable amount of seasonal homes that are only occupied a portion of the year. As such, these high earning households tend to skew the data thus making it even more difficult to get an accurate representation of the District’s representative MHI. Table 2-9 below summarizes the Census Tract and block group the District is in, as well as those adjacent to the District’s boundary. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update AGENCY OVERVIEW 2-26 Table 2-9: MHI Data Median Census Block Number of Census Tract Population Household Group Households Income (MHI) 110.01 1 762 463 $42,428 110.01 2 1,127 523 $30,393 111.02* 1** 1,108 476 $66,300 111.02 2 1,853 649 $91,806 111.02 3 1,866 843 $79,596 1543.08 1 935 463 $86,806 * Census Tract IBWD is located within. ** Census Block Group IBWD is located within. Data sourced from Census Reporter which utilized the ACS 2022 Estimates. Source: U.S. Census Bureau 2022a and 2022e. The residents within District receive adequate services with respect to water as provided by IBWD, and fire services which are provided by Redwood Coast Fire Protection District.23 Wastewater services are provided by on-site septic systems with administrative oversight by the District. No service issues were brought to the attention of LAFCo staff during the preparation of this study. 23 The 2018 Mendocino LAFCo Multi-District Fire Protection Services SOI can be found here: https://www.mendolafco.org/files/01d2409c9/Multi-District+Fire+SOI+Update+Adopted+FINAL.pdf. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-1 3 MUNICIPAL SERVICES A Municipal Service Review (MSR) is a comprehensive analysis of the services provided by a local government agency to evaluate the capabilities of that agency to meet the public service needs of their current and future service area. The MSR determinations inform the Sphere of Influence (SOI) Update process and assist the Local Agency Formation Commission (LAFCo/Commission) in considering the appropriateness of a public service provider’s existing and future service area boundary. The information and analysis presented in Chapters 2 and 3 of this document form the basis for the MSR determinations provided under Chapter 3.4 This is the second MSR prepared for the District; the first was adopted by the Commission in October 2014. 3.1 Service Overview 3.1.1 Services The District provides water services and administrative supervision of the on-site septic systems to lot owners within the Irish Beach Subdivision. 3.1.2 Service Areas The District serves the Irish Beach Subdivision located along the coast of Mendocino County, approximately four miles north of Manchester. There are 450 lots within the Subdivision. Of those lots, the District provides water services to 207 connections, three of which are undeveloped parcels. The remaining 243 parcels in the District are vacant and not connected to the District’s water system. 3.1.3 Outside Agency Services The District is obligated to serve the “Inn Site” through a 2002 settlement agreement (Mendocino County Superior Court Case No. SCUK-CVG-0083930) with the current property owner. This group of parcels, which are currently undeveloped, are located north of the District consists of approximately 17 acres and was included in the District’s SOI in 1994. As part of this agreement, water services are to be provided by the District to two lots; assessor parcel numbers (APNs) 131-110-04 and 131-110-36 located within the Inn Site. The agreement indicates that the District will provide the equivalent of 10 hook-ups at the rate of 500 gallons per day (gpd) per hook-up appurtenant to the two lots (LAFCo 2024b). The District does not provide wastewater services to the Inn Site and is not obligated to provide wastewater services in the future. 3.2 Water 3.2.1 Service Overview The District’s water supply is regulated by the State Water Resources Control Board (SWRCB) Division of Drinking Water. The District has two permitted appropriative water rights for surface water diversion; SWRCB Permit No. 15580 for the Irish Gulch Upper Diversion access point and Permit No. 20443 for the Irish Gulch Lower Diversion access point (LAFCo 2014, pg. 66). The District has five sources of water supply regulated under the State Division of Drinking Water (Water System No. CA2310012). The District has three wells, two water diversion access points (Upper Irish Gulch and Lower Irish Gulch), as well as an option to divert from Moores Creek / Pomo Lake. Infrastructure includes five water storage tanks, a pipeline network totaling 10.8 miles ranging from one to six inches in diameter, a hydrant system consisting of 41 hydrants, a small-scale water treatment plant (WTP), and a large-scale WTP all of which Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-2 are located on District-owned land, or property on which the District has an existing easement. The five water tanks are strategically located throughout the District as shown in Figure 3-2. The District’s primary water source is Irish Gulch, which is fed by the adjacent Irish Creek located within District boundaries. There are two supply diversions in the Irish Gulch: the Upper Diversion and the Lower Diversion. Water is gravity fed from two intake sites to the District’s large-scale WTP. Additionally, the District also has three deep wells connected to a one-million-gallon (three acre-feet) aquifer in the hills east of the development. One well can pump out 11 gallons per minute (gpm), the second well can pump 9 gpm, and the third pumps 5 gpm, which is an ample amount for the District. The wells are only utilized for emergency conditions, when surface water supplies are not adequate. The water sources used by the District are as follows: • Irish Gulch Upper Diversion • Irish Gulch Lower Diversion • Unit Well 9 (located east of the main Subdivision) • Tank 5 Well (located southeast of Storage Tank 5) • Tank 2 Well (located east of Tank 2; activated in 2024 and obtained SWRCB permitting on October 8, 2024) The District supplies an average of approximately 8,422,857 gallons annually to 204 residential lots, three of which are undeveloped but connected to the District’s water system. Average daily use for the District is estimated at 23,076 gpd (111 gallons per residence per day on average), with an average peak day demand at 34,680 gpd (170 gallons per residence). The system is operating at approximately 31 percent capacity. The District is currently in the process of identifying water supply sources for future growth. Development of water sources for future growth is contingent on District funding. As previously mentioned, in October 2024, the Board ordered the levy of assessments for the Irish Beach Water District 2024 Water System Upgrade and Sustainability Assessment effective with Fiscal Year (FY) 2024-2025. The 2024 assessment includes tentative plans for two new wells. Refer to Table 3-4 for more information regarding the tentative capital improvement plans that will receive funding from the assessments. 3.2.2 Service Adequacy Based on information provided by the District regarding facilities, management practice and accountability, and financing, IBWD’s water supply, treatment, and distribution service appears to be adequate for its current customers and existing development. The current water system serves 204 developed lots and three undeveloped lots, operating at 31 percent capacity. It is anticipated that the system could support the buildout of an additional 141 lots. The development of additional water sources and infrastructure improvements would be necessary to support the full buildout of the 246 vacant lots. However, the pace of development has been much slower than originally projected when the Irish Beach Subdivision development was first established, adding an average of one to two new connections per year. Moreover, the DOF reports that the County’s projected population growth will trend downward over the next five years, suggesting that buildout of the vacant lots will likely not occur until well beyond the planning horizon of this document. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-3 It is noted that current revenue is limited and insufficient for addressing long-term maintenance and replacement needs and ongoing operation. Sourcing adequate funding is a challenge, and the District has taken adequate measures to increase revenue streams. In 2024, the District Board reinstated the Capital Replacement portion of a 2002 District-wide Capital Improvement Assessment and adopted the 2024 special benefit assessment through the Proposition (Prop) 218 process (Irish Beach Water District 2024 Water System Upgrade and Sustainability Assessment). These assessments will help increase funding towards the urgent repairs and upgrades identified in the recently prepared capital improvement assessments, one prepared by Hazen and the other prepared by SCI Consulting Group. 3.2.2.1 WATER DEMAND AND CAPACITY On average, the District supplies approximately 8,422,857 gallons annually to 207 lots, three of which are undeveloped but connected to the District’s water system. Average daily use for the District is estimated at 23,076 gpd (111 gallons per residence per day on average), with an average peak day demand at 34,680 gpd (170 gallons per residence). See Table 3-1 for a summary of annual water demand over the past eight years. Table 3-1: IBWD Historic Total Annual Water Demand 2016 2017 2018 2019 2020 2021 2022 2023 Million gallons 9.3 6.05 8.78 12.24 9.64 8.9 7.77 5.58 (MG) Acre-feet (AF) 28.54 18.58 26.96 37.58 29.6 27.31 23.85 17.13 Source: LAFCo 2024b. As previously stated, the District’s system is currently operating at approximately 31 percent capacity. The District maintains that the current water system capacity is adequately sized for existing development with some room for growth. Current capacity estimates an adequate water supply for 379 homes at 300 gpd per home. Table 3-2: Summary of Source Capacity Water Source Permit No. Capacity as of 2024 (gpm) Irish Gulch Upper Diversion 2310012-002-002 12 Irish Gulch Lower Diversion 2310012-001-001 35 Unit 9 Well 2310012-004-004 9 Tank 5 Well 2310012-008-008 11 Tank 2 Well WW21351 5 Total 72 gpm or 103,690 gpd Source: LAFCo 2024b. The District’s primary water source is the Irish Gulch Upper Diversion, which diminishes in the fall, especially during drought conditions. When the Irish Gulch Upper Diversion supply gets too low, the Irish Gulch Lower Diversion source is brought online. A Mitigated Negative Declaration (MND) prepared in 2007 for an extension of time for SWRCB Permit No. 15580 concluded that there will be insufficient water in Irish Gulch for the District, even if the entire stream flow is utilized. In response to these determinations, the SWRCB added mitigation limiting the diversions in Irish Gulch to 56.7 gpm at the Upper Diversion and 40.8 gpm at the Lower Diversion. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-4 The District supplements its Irish Gulch water diversions with three groundwater wells. These wells are anticipated to have enough water to supplement the loss of stream flow during drought conditions. 3.2.2.2 DROUGHT CONTINGENCY PLANNING The District does not have a formal drought contingency plan; however, the water system manager reviews operating and drought conditions with the Board at each meeting. The District updates policies and restrictions as needed based on current conditions. For further information, refer to the “Drought Information” web page on the IBWD website. In the time since the last MSR/SOI report was prepared for the District, cyclic drought conditions throughout the state have occurred, the most serious and recent being the 2021-2022 severe drought emergency, which has had significant impact on many of the County’s water agencies. Annual stream flows for the Irish Gulch have been dropping over time owing to reduced annual rainfall, a trend that has been improving in recent years. Historically, the stream has maintained sufficient flows for District diversions through the summer/fall until the rainy season and full stream flows return. While summer/fall flows have been reducing over time, 2021 was the first year the stream fell below the level necessary to draw and treat water. The District noted that the IBWD and the Elk County Water District (ECWD) have collectively supplied approximately 45,000 gallons of water per day to licensed water haulers serving homes and coastal communities that lack sufficient water resources. The District averages 25,000 – 30,000 gallons of treated water per day during peak periods. The District sells to individual licensed water haulers that haul District drinking water to tanks north and south of the District; the District does not have records of the water delivery locations but has archived water sale records as far back as 2006 (LAFCo 2024b). At the end of August 2021, drought conditions reduced surface water flow to a level that precluded sales to these coastal Mendocino County residents, which severely impacted water purchasers facing increasingly dire drought conditions and with no affordable place to purchase water. The District has recently had sufficient surface water flow to allow sales to resume (LAFCo 2024b). If treated water is being hauled and it started post-2001, LAFCo must review and approve outside agency services according to GC §56133(c)24 and Mendocino LAFCo Policy 12.2. The District has taken various measures over the years to ensure an adequate water supply is available. In November of 2000 the District adopted IBWD Resolution No. 2000-7, which enacted a moratorium on the drilling of groundwater wells within District boundaries indefinitely. This resolution was extended in 2016 until at least 2021 and has not been rescinded or modified to date. In July of 2015, the District adopted Resolution 2015-02, which established limits on outdoor watering. In July of 2016, the District adopted Resolution 2016-02 in response to strict State-mandated drought regulations, which determined that the District had adequate water supply to provide service to its present users for the next three years with reasonable voluntary drought conservation measures. Such measures include extending the well drilling moratorium and an overall reduction in water use by 15 24 GC §56133(c) (2017) can be found here: Codes Display Text. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-5 percent, among other things. Since that time, the District has had sufficient water supply for the existing population during the drought conditions, including the severe drought of 2021-2022. Based on past concerns and the likelihood of drought conditions to occur in the future, LAFCo recommends that, given the volatility of water resources throughout the state and the District’s reliance on groundwater, the District develop a drought contingency plan within the next five years. 3.2.2.3 REGULATORY PERMITS AND COMPLIANCE HISTORY The Safe Drinking Water Act (SDWA) requires states to report drinking water information periodically to the United States Environmental Protection Agency (EPA). This information is maintained in a federal database, the Safe Drinking Water Information System (SDWIS) Federal Data Warehouse. According to the most recent data uploaded to SDWIS, IBWD appears to be in compliance with state monitoring requirements. There are eleven individual sampling sites tested as part of the SDWIS monitoring for IBWD: • Irish Gulch Lower Diversion Intake –Last sampled – 12/21/2021; next sample date due now/no further data available for monitoring schedule; • Irish Gulch Upper Diversion Intake – Last sampled - 9/26/2023; next sample date due 9/2024; • Unit 9 Well –Last sampled – 9/23/2022; next sample due date 9/2025; • Treatment Plant – Irish Beach Treated – Last sampled - 9/26/2023; next sample date due 9/2024; • DBP 1502 – Last sampled – 9/24/2024; next sample date due 9/2025; • Tank 5 Well – Last sampled 10/02/2024; Next sample due date 10/2027; • Treatment Plant Tank 5 Well – Last sampled 12/12/2017; no data available for monitoring schedule; • Tank 2 Well – Last sampled 03/20/2023; next sample due date 6/2023; • Treatment Plant Tank 2 Well – Last sampled 10/29/2024; next sample date due 11/2024; • Irish Gulch Combined – no data available; and • Lead and Copper – Last sampled 12/31/2023; next sample due date 9/30/2026. Source: SWRCB 2024. There have been no recent violations, and seven individual violations noted. The most recent violation was in 2018 and has been resolved. No site visits are reported on SDWIS. The 2018, 2019, and 2022 Consumer Confidence Reports (CCRs) for the District are available on SDWIS. The last six years of CCRs can be found on the District’s website. The SWRCB has developed the Safe and Affordable for Equity and Resilience (SAFER) Dashboard to assess the risk drivers of California public water systems by using data from the SWRCB, the California Department of Water Resources (DWR), and the Office of Environmental Health Hazard Assessment. For IBWD, the SAFER status and risk assessment results are “not at-risk” for system failure. Although many of the risk category thresholds score as “no risk”, it is worth noting that the SAFER Dashboard identified several thresholds in the accessibility and affordability categories as low, medium, and high risk. The threshold for drought and water shortage risk for small and rural communities was scored as “low risk” (top 25 percent of systems most at risk of drought and water shortage). The indicator for drinking water customer charges that meet or exceed 150 percent of statewide average drinking water charges at six hundred cubic feet level of consumption scored as “medium risk”. Further, the household socioeconomic burden score (combined score of 0.25 – 0.5) were scored as “medium risk”. The percentage of median Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-6 household income (MHI) relative to the annual system-wide average residential water bill for six hundred cubic feet score (2.5 percent or higher) was indicated as “high risk”. Lastly, the absence of an intertie was scored as “high risk” under the accessibility risk level. 3.2.2.4 NEEDS AND DEFICIENCIES Based on information within the MSR, the provision of water services to the customers located in the District’s boundaries appears to be sufficient for the current population and customers. The District is continuing to upgrade its facilities, with the recent replacement of Tank 5, improvements to Tank 2, and the activation of the Tank 5 Well through grant funding obtained from the DWR. However, the District system has an estimated useful life that varies by type: • Storage Tanks = 1 - 52 years; estimated useful lifespan: 30 – 60 years • Pipelines = 3 - 56 years old; estimated useful lifespan: 40 years; • Wells = 16 - 54 years old; estimated useful lifespan: 25 - 35 years; and • Water Treatment Plant = 49 years old; estimated useful lifespan: 10 – 15 years As such, much of the system is therefore in need of replacing and sourcing adequate funds for capital improvements are and will remain a challenge. It follows that the District may not be able to provide sufficient water supplies to existing residents in the future unless substantial funding for infrastructure is obtained. Maintaining the small system is an ongoing challenge and with such a limited customer base and small number of registered voters. 3.2.3 Facilities and Assets The District has five water storage facilities, a pipeline network, a hydrant system, and two WTPs, all of which are located on District-owned land, or on easements of property owned by others. The District’s large-scale WTP is comprised of three stages: 1) A flocculation stage where polymer is injected into the flow and allowed to mix in a serpentine chamber; 2) 2) Backwashable sand and mixed media filtration tanks with 2,000 square inches of surface, followed by; 3) 3) A disinfection stage where sodium hypochlorite is injected before being sent into a 210,000- gallon clearwater holding tank. The large-scale WTP is located next to Tank 1. The 2024 Water System Upgrade and Sustainability Assessment, prepared by SCI Consulting Group, identifies that the large-scale WTP was acquired in FY 1985 and requires the replacement of filters and equipment within the next one to five years (see Table 3-4). The small-scale WTP is located next to Tank 2 and Tank 2 Well. It provides ozonation treatment to the groundwater supply from the Tank 2 Well for iron and manganese content. The District’s storage facilities consist of five water tanks of varying capacity of which have been upgraded or replaced in recent years (see Table 3-3): Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-7 Table 3-3: IBWD Water Storage Facilities Source Construction Year Installed Capacity (gallon) Tank 1 Bolted steel 2013 210,000 Tank 2 In-ground gunite with metal roof 1972; new roof in 2023 60,000 Tank 3 Bolted steel 2010 84,000 Tank 4 In-ground gunite with wooden truss 1989 125,000 cover. Tank 5 Bolted steel 2023 11,000 Source: LAFCo 2024b. The distribution system consists of approximately 10.8 miles (or 57,238 feet) of pipeline ranging from one to six inches in diameter. Parts of the District’s distribution system date from 1965, with sections added over the years, the newest of which was installed in 2021. In 2021, the District replaced approximately 250 linear feet of PVC pipeline with three-inch fused HDPE pipeline and one three-inch gate valve. Over 83 percent of the District’s distribution and transmission system is more than 40 years old and has reached the end of its useful life span. See Section 2.4.2.3 to learn how the District is addressing aging infrastructure needs. Figure 3-1: Distribution and Transmission Pipelines By Age, 2014 Source: LAFCo 2014, pg. 70. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-8 Figure 3-2: IBWD Well Activation and Tank Replacement Project Locations Source: IBWD 2021, pg. 18. 3.2.3.1 SYSTEM HISTORY The District’s Unit 9 Well was originally built by a developer in the 1970s before the Unit 9 area was annexed to the District (LAFCo Resolution No. 75-14). The well was transferred to the District in 1988 (LAFCo 2024b). The District at one point held a permit for stream diversion from Mallo Pass Creek (Permit No. 16622) to ensure adequate water supply for undeveloped portions of the Irish Beach Subdivision. The permit was originally issued to an individual in 1974 and was assigned to the District by that individual in 1988. The permit’s issuance included a condition that the project be completed within a specific time period, to which several extensions of time had been granted by the SWRCB. However, due to the slow pace of development and ongoing litigation, the project was not completed and on March 11, 2009, the SWRCB revoked the permit, finding that the water was not being put to ‘beneficial use.’ In September of 2009, the Board of Directors adopted Resolution 2009-1 officially abandoning the Mallo Pass Creek project and transferred assessment monies from that project to the new Alternative Water Development Fund (AWDF). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-9 As a result, in 2008 the District built two new wells in addition to the existing Unit 9 Well; the Tank 5 Well, which is still in use, and the Tank 2 Well, which was built on an easement of a private lot. The Tank 2 Well was activated in 2024 and obtained SWRCB permitting approval on October 8, 2024 (LAFCo 2024b). No further history of services was provided to LAFCo staff. 3.2.3.2 SYSTEM IMPROVEMENTS The District’s distribution system dates from 1965 and is almost 60 years old, while other sections have been improved over the years with the newest pipelines were installed in 2021. Approximately 83 percent of the District’s distribution and transmission system is more than 40 years old. The District’s oldest pipelines have reached their useful life expectancy, which suggests that replacement or upgrades to the distribution system should be prioritized. The District’s most recent improvements to the system are summarized below. Raw Water Line In 2016 the District replaced a nearly 4,000-foot-long, above-ground raw water line from the Irish Gulch Upper Diversion point to the water treatment plant at the Rex Dunning Firehouse. The heavy-duty, three- inch polyethylene pipe was fused together and pulled into place with a portable winch to replace an old three-inch PVC line that was brittle and prone to failure (IBWD 2016). O’Rorey’s Roost Pipe Replacement In 2016 the District replaced 1,630 feet of PVC pipe that has been the greatest source of leakage and emergency repairs in the District. The PVC pipe was replaced with C-900 and has a lifespan of 75 years (IBWD 2016). Storage Tanks As previously noted, water for the District is pumped from existing wells and stored in five water tanks. In recent years, the District has replaced two large storage tanks with modern epoxy-coated steel on concrete, free-standing water tanks; Tank 3 (84,000-gallon capacity) was installed in 2010, and Tank 1 (210,000-gallon capacity) was installed in 2013. Additionally, in 2022 the District was awarded a Small Community Drought Relief Program grant from the DWR totaling $400,000. The projects were completed in FY 2023-2024 and included the following components: a) Tank 5 - Installation of an 11,000-gallon, epoxy-coated bolted steel water storage tank on concrete foundation to increase well staging capacity ($120,000); b) Tank 2 Well – Equipment, including the small-scale WTP, and connection of Tank Well 2 to the water system ($100,000); and c) Tank 2 - Replacement of the containment roof on an existing 60,000-gallon in ground gunite water tank with an engineered metal roof so it can return to service ($175,000). Planned capital improvement projects were contingent on approval of the Prop 218 initiative. A list of tentative capital projects from the 2024 Water System Upgrade and Sustainability Assessment is included below as Table 3-4. In October 2024, property owners voted to pass the assessment, and the District Board of Directors approved the final engineering report and levying of the 2024 assessment (IBWD Resolution Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-10 No. 2024-8). The assessment will fund capital projects, which will be scheduled as part of the annual budgeting process. 3.2.3.3 ENGINEERING REPORTS As previously noted, in 2023, the District engaged Hazen & Sawyer, Water Quality and Supply Engineers to prepare a District assessment, utilizing the existing asset pipeline inventory which identified a Capital Improvement Plan (CIP). Subsequently, in April of 2024 the District contracted with SCI Consulting Group to prepare an independent study and engineering report relative to conducting a Prop 218 process to approve assessments necessary to fund the maintenance, replacement, and/or improvement of the facilities that have been identified as part of this Prop 218 process. The District Board of Directors approved the preliminary engineering report in August 2024. In October 2024, the Board approved the final engineering report. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-11 Table 3-4: Proposition 218 Projects Preliminary Plan Source: SCI Consulting Group 2024, pg. 47. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-12 3.3 Wastewater Services 3.3.1 Service Overview In 1980, under California Health and Safety Code (HSC) Section (§) 6950-6982 et seq.,25 the District added a wastewater disposal zone to its purview and currently provides maintenance oversight of existing and future private and community septic systems, which are regulated under SWRCB Waste Discharge Requirements (WDRs) Order No. 93-10. The District provides administrative/monitoring services for 204 private septic systems within the District boundary. The on-site septic systems are regulated by the Mendocino County Department of Environmental Health. When formed, the District estimated wastewater quantity was 25,000 gpd from 150 residences with projected quantities reaching 80,000 gpd from 400 residences (buildout of District). At this time, the total buildout is expected to potentially decline based on parcel mergers and current average water use; the District expects wastewater to reach approximately 55,000 gpd at total buildout (LAFCo 2024b). The District’s wastewater responsibilities are limited to maintaining individual wastewater disposal system records including date of installation, as-built plans of installed systems, and service records of individual systems. The District also sends new owners and owners of new systems information regarding maintenance practices that should be followed and local contractors that provide such services. To enforce this, IBWD passed Resolution No. 93-5, which requires that all septic tanks be inspected and/or pumped if necessary every five years by a registered sanitarian or a septic tank operator. 3.3.2 Service Adequacy The District’s responsibilities are limited to monitoring and maintenance records for on-site septic systems. There appears to be adequate staffing to provide the administrative functions of this service; therefore, the District’s wastewater service appears to be adequate. 3.3.3 Facilities and Assets The District does not own, lease, operate, or maintain any wastewater facilities or collection systems. 3.3.3.1 SYSTEM HISTORY In 2011, the Board of Directors determined that it was necessary and proper, given the lack of existing status quo, to adopt a resolution establishing a discharge limit with respect to the disposal of waste or activity which might contaminate the waters of the state flowing through the IBWD (Resolution No. 2011- 2). This action was not in response to any contamination. 25 HSC §6955 et seq. can be found here: Codes Display Text (ca.gov). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-13 Figure 3-3: IBWD Facilities Source: SCI Consulting Group 2024, pg. 5. 3.3.3.2 SYSTEM IMPROVEMENTS Because the District does not own or operate any wastewater system facilities or components, no system improvements have been identified. 3.3.3.3 ENGINEERING REPORTS The District reported that there is no history of any engineering reports being prepared to analyze wastewater services (LAFCo 2024b). 3.4 Determinations This section presents the required MSR determinations pursuant to GC §56430(a) for the District.26 3.4.1 MSR Review Factors 3.4.1.1 GROWTH Growth and population projections 26 GC §56430(a) (2024) can be found here: California Government Code § 56430 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-14 1. Of the 450 lots in the District, 204 are developed with residences. The District is currently at 45 percent of total buildout. 2. A population of approximately 254 people reside in the Irish Beach Subdivision year-round, which fluctuates with seasonal residents at various times of the year. 3. The District consists of a mixture of primary homes, second homes, and short-term vacation rental properties. 4. The number of water connections that the District serves (207, three of which are undeveloped parcels) does not change throughout the year, but demand for service increases seasonally. 5. As it currently stands, the District has enough supply to provide water to 141 future connections. Given that the projected population trends Countywide predict an overall decline in population and the existing number of undeveloped lots in the Subdivision, there is more than sufficient land for the District to accommodate any future development. 3.4.1.2 DISADVANTAGED UNINCORPORATED COMMUNITIES The location and characteristics of any disadvantaged unincorporated communities (DUCs) within or contiguous to the SOI 6. The District is wholly located in a Census Block Group. Because the MHI of the block group is lower than the statewide MHI DUC threshold of $73,240, by this measure, it would meet the income threshold to qualify as a DUC. However, the District and surrounding areas have a notable amount of seasonal homes that are only occupied a portion of the year; as such, these high earning households tend to skew the data, making it difficult to get an accurate representation of the District’s representative MHI. 7. The residents of the Irish Beach Subdivision are receiving the essential municipal services of fire, water, and limited wastewater. Water services provided by the District could be improved by addressing aging infrastructure needs which it is actively meeting. With respect to wastewater services, customers within the District utilize individual septic tanks for their wastewater needs for which the District provides administrative oversight over. 3.4.1.3 CAPACITY OF FACILITIES AND ADEQUACY OF SERVICES Present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies including needs or deficiencies related to sewers, municipal and industrial water, and structural fire protection in any disadvantaged unincorporated communities within or contiguous to the sphere of influence 8. The District was established in 1967 to provide water collection, treatment, and distribution services to the Irish Beach Subdivision. 9. Of the 450 lots in the Subdivision, the District provides water services to 204 developed lots and three undeveloped lots. The remaining 243 are vacant and not connected to the District water system. 10. The IBWD system has sufficient water supply and capacity to serve existing connections as well as 141 future connections; however, the District does not currently have sufficient capacity for the complete buildout of the Subdivision. 11. The District is obligated to provide water service to an out-of-agency area known as the “Inn Site” per a 2002 settlement agreement; APNs 131-110-04 and 131-110-36 which are currently undeveloped and consist of approximately 17 acres. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-15 12. The District’s water supply is regulated by the SWRCB Division of Drinking Water Permits No. 15580 and 20443. 13. The District has five sources of water, consisting of both surface and groundwater resources. The District’s primary water source is the Irish Gulch, which is fed by the adjacent Irish Creek. There are two access diversions in the Irish Gulch: the Upper Diversion and the Lower Diversion. The District also utilizes three active wells (Unit 9 Well, Tank Well 2, and Tank 5 Well). 14. The District supplies an average of approximately 8,422,857 gallons annually to 207 lots, three of which are undeveloped but connected to the District’s water system. Average daily use for the District is estimated at 23,076 gpd (111 gallons per residence per day on average), with an average peak day demand at 34,680 gpd (170 gallons per residence). 15. The system is operating at approximately 31 percent capacity. 16. The District provides adequate water services to its customers despite fluctuating drought conditions. However, the District should establish a drought contingency plan within the next five years to ensure adequate supplies for its customers in future drought conditions. 17. The District noted that the IBWD and Elk County Water District (ECWD) have collectively supplied approximately 45,000 gallons of water per day to licensed water haulers serving homes and coastal communities located north and south of the District that lack sufficient water resources. The IBWD supplies approximately 25,000 – 30,000 gallons of treated water per day during peak demand. The District sells to individual licensed water haulers that haul District drinking water to tanks north and south of the District; IBWD does not have records of the water delivery locations but has archived water sale records as far back as 2006. If treated water is being hauled and it started post-2001, LAFCo must review and approve outside agency services according to GC §56133(c)27 and Mendocino LAFCo Policy 12.2. 18. Parts of the District’s distribution system date from 1965, with sections added over the years, the newest of which was installed in 2021. A total of over 83 percent of the District’s distribution and transmission system is more than 40 years old. 19. In 1980, under HSC §6955 et seq.,28 the District added a wastewater disposal zone to its purview and currently provides maintenance and administrative oversight of existing and future private and community septic systems. The District monitors, ensures maintenance and repair, and informs and maintains records of individual septic systems. 20. There are currently 204 septic systems being monitored within the District boundaries. 21. The District does not own or operate any wastewater collection, treatment, or disposal facilities. 3.4.1.4 FINANCIAL ABILITY OF AGENCY Financial ability of agencies to provide services 22. The IBWD is funded through service charges, fees, and special tax assessments. 23. The District is currently behind on its required financial audits, and it is recommended that the District prioritize catching up to the current fiscal year. 24. The District continues to research various funding options for development of additional water sources and implementation of capital improvements. 27 GC §56133(c) (2017) can be found here: Codes Display Text. 28 HSC §6955 et seq. can be found here: Codes Display Text. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-16 25. In 2023, the District contracted Hazen & Sawyer, Water Quality and Supply Engineers to prepare an assessment, utilizing the existing asset pipeline inventory, which identified a CIP for the rehabilitation and replacements of potable pipes within the District over the next 25 plus years, including the replacement of over 3,000 feet of pipe and other infrastructure within one to five years. 26. During the February 2024 Board of Director’s meeting, the Board voted to use the remaining funds from the 2002 District-wide Capital Improvement Assessment to implement high priority projects identified during the 2024 Proposition 218 study. 27. As of February 2024, the District’s Capital Replacement Fund had a balance of $101,557. 28. As of February 2024, the District’s reserve funds totaled $547,916. 29. In October 2024, parcel owners voted to approve the Irish Beach Water District 2024 Water System Upgrade and Sustainability Assessment, and the Board passed a motion to approve the engineering report and order the levying of the assessment. This assessment, along with funds from the reinstated 2002 assessment (Capital Replacement portion), will provide a stable and reliable source of revenue for long-term capital improvement planning for the District. 3.4.1.5 SHARED SERVICES AND FACILITIES Status of, and opportunities for, shared facilities 30. The District holds in-person meetings at the Rex Dunning Firehouse, also known as the Irish Beach Fire House, which is owned by the District. 31. The District supplies water and hydrants to the California Department of Forestry and Fire Protection (CAL FIRE) and the Redwood Coast Fire Protection District (which serves the District area) for firefighting services. 32. The District informally shares operating resources such as equipment, vendor and consultant services, and staffing for large emergency projects with the Elk County Water District (ECWD) to the north of the IBWD, which streamlines communication and coordinating efforts. 33. No further opportunities for facility sharing were identified. 3.4.1.6 ACCOUNTABILITY, STRUCTURE AND OPERATIONAL EFFICIENCIES Accountability for community service needs, including governmental structure and operational efficiencies 34. The District demonstrated accountability through its disclosure of information requested by LAFCo for preparation of this MSR. 35. The IBWD follows standard accounting procedures and practices cost reduction through careful purchasing, bidding processes, and other mechanisms. 36. The District maintains a policy handbook that guides the activities and operations of the Board, which is posted on the District website. 37. The District does not currently have a strategic plan that outlines its mission statement, vision statement, and goals and objectives. Such a strategic plan could help the District improve upon 1) planning efforts, 2) accountability and transparency, and 3) plan for and prioritize facilities and system upgrades. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update MUNICIPAL SERVICES 3-17 38. The District provides accountability to its constituents through holding Board meetings at the Rex Dunning Firehouse, maintaining current meeting records and notices on its website, posting notices and reports in suitable public places, and preparing annual reports. 39. To ensure compliance with Senate Bill (SB) 929 website compliance requirements for local governments, the District should review Appendix B – Website Compliance Handout of this report and implement outstanding items. 3.4.1.7 OTHER SERVICE DELIVERY MATTERS Any other matter related to effective or efficient service delivery, as required by Commission policy 40. There are no other matters related to service delivery required by Mendocino LAFCo policy. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update 4-1 SPHERE OF INFLUENCE 4 SPHERE OF INFLUENCE The Local Agency Formation Commission (LAFCo/Commission) prepares a Municipal Service Review (MSR) prior to or in conjunction with the Sphere of Influence (SOI) Update process. An SOI Update considers whether a change to the SOI, or probable future boundary, of a local government agency is warranted to plan the logical and orderly development of that agency in a manner that supports Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (CKH) Law and the Policies of the Commission. The MSR and required determinations are presented in Chapters 2 and 3 of this document and form the basis of information and analysis for this SOI Update. This chapter presents the SOI Update and required determinations pursuant to California Government Code (GC) Section (§) 56425(e)29. 4.1 Mendocino LAFCo Policies In addition to making the necessary determinations for establishing or modifying an SOI consistent with the CKH Act, the appropriateness of an agency’s SOI is also based on an evaluation of consistency with LAFCo policies. The following SOI policies are from the Mendocino LAFCo Policies and Procedures Manual30, adopted November 5, 2018. 10.1.1 Legislative Authority and Intent A sphere of influence is the probable 20-year growth boundary for a jurisdiction’s physical development. The Commission shall use spheres of influence to: a) promote orderly growth and development within and adjacent to communities; b) promote cooperative planning efforts among cities, the County, and special districts to address concerns regarding land use and development standards, premature conversion of agriculture and open space lands, and efficient provision of public services; c) guide future local government reorganization that encourages efficiency, economy, and orderly changes in local government; and d) assist property owners in anticipating the availability of public services in planning for the use of their property. 10.1.2 Definitions The Commission incorporates the following definitions: a) an “establishment” refers to the initial development and determination of a sphere of influence by the Commission; b) an “amendment” refers to a limited change to an established sphere of influence typically initiated by a landowner, resident, or agency; and 29 GC §56425(e) (2023) can be found here: California Government Code § 56425 (2023) :: 2023 California Code :: US Codes and Statutes :: US Law :: Justia. 30 The Mendocino LAFCo Policies and Procedures Manual can be found here: http://www.mendolafco.org/policies.html. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-2 c) an “update” refers to a comprehensive change to an established sphere of influence typically initiated by the Commission. 10.1.3 Sphere Updates In updating spheres of influence, the Commission’s general policies are as follows: a) The Commission will review all spheres of influences every five years for each governmental agency providing municipal services. Municipal services include water, wastewater, police, and fire protection services. b) Sphere of influence changes initiated by any agency providing a municipal service generally require either an updated or new service review unless LAFCo determines that a prior service review is adequate. c) Spheres of influence of districts not providing municipal services including, but not limited to, ambulance, recreation, hospital, resource conservation, cemetery, and pest control shall be updated as necessary. 10.1.4 Reduced Spheres The Commission shall endeavor to maintain and expand, as needed, spheres of influence to accommodate planned and orderly urban development. The Commission shall, however, consider removal of land from an agency’s sphere of influence if either of the following two conditions apply: a) The land is outside the affected agency’s jurisdictional boundary but has been within the sphere of influence for 10 or more years; or b) The land is inside the affected agency’s jurisdictional boundary but is not expected to be developed for urban uses or require urban-type services within the next 10 years. 10.1.5 Zero Spheres The Commission may adopt a “zero” SOI encompassing no territory for an agency. This occurs if LAFCo determines that the public service functions of the agency are either nonexistent, no longer needed, or should be reallocated to some other agency (e.g., mergers, consolidations). The local agency which has been assigned a zero sphere should ultimately be dissolved. 10.1.6 Service Specific Spheres If territory within the proposed sphere boundary of a local agency does not need all of the services of the agency, a “service specific” sphere of influence may be designated. 10.1.7 Agriculture and Open Space Lands Territory not in need of urban services, including open space, agriculture, recreational, rural lands, or residential rural areas shall not be assigned to an agency’s SOI unless the area’s exclusion would impede the planned, orderly, and efficient development of the area. In addition, LAFCo may adopt an SOI that excludes territory currently within that agency’s boundaries. This may occur when LAFCo determines that the territory consists of agricultural lands, open space lands, or agricultural preserves whose preservation Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-3 would be jeopardized by inclusion within an agency’s sphere. Exclusion of these areas from an agency’s SOI indicates that detachment is appropriate. 10.1.8 Annexations Are Not Mandatory Before territory can be annexed to a city or district, it must be within the agency’s SOI (GC §56375.5).31 However, territory within an agency’s sphere will not necessarily be annexed. A sphere is only one of several factors that are considered by LAFCo when evaluating changes of organization or reorganization. 10.1.9 Islands or Corridors Sphere of influence boundaries shall not create islands or corridors unless it can be demonstrated that the irregular boundaries represent the most logical and orderly service area of an agency. 10.1.10 Overlapping Spheres LAFCo encourages the reduction of overlapping spheres of influence to avoid unnecessary and inefficient duplication of services or facilities. In deciding which of two or more equally capable agencies shall include an area within its SOI, LAFCo shall consider the agencies’ service and financial capabilities, social and economic interdependencies, topographic factors, and the effect that eventual service extension will have on adjacent agencies. Where an area could be assigned to the SOI of more than one agency, the following hierarchy typically applies: a) inclusion within a city’s sphere; b) inclusion within a multi-purpose district’s sphere; and c) inclusion within a single-purpose district’s sphere. Territory placed within a city’s sphere indicates that the city is the most logical provider of urban services. LAFCo encourages annexation of developing territory (i.e., area not currently receiving services) that is currently within a city’s sphere to that city rather than to one or more single-purpose special districts. LAFCo discourages the formation of special districts within a city’s sphere. To promote efficient and coordinated planning among the county’s various agencies, districts that provide the same type of service shall not have overlapping spheres. 10.1.11 Memorandum of Agreements (For City Sphere Amendments and Updates) Prior to submitting an application to LAFCo for a new city SOI or a city SOI Update, the city shall meet with the County to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements as contained in GC §5642532. If an agreement is reached between the city and County the agreement shall be forwarded to LAFCo. The Commission shall consider and adopt an SOI for the city consistent with the policies adopted 31 GC §56375.5 (2023) can be found here: California Code, Government Code - GOV § 56375 | FindLaw. 32 GC §56425(e) (2024) can be found here: California Government Code § 56425 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-4 by LAFCo and the County, and LAFCo shall give great weight to the agreement to the extent that it is consistent with LAFCo policies in its final determination of the city sphere. 10.1.12 Areas of Interest LAFCo may, at its discretion, designate a geographic area beyond the SOI as an Area of Interest (AOI) to any local agency. a) an AOI is a geographic area beyond the sphere of influence in which land use decisions or other governmental actions of one local agency (the "Acting Agency") impact directly or indirectly upon another local agency (the "Interested Agency"). For example, approval of a housing project developed to urban densities on septic tanks outside the city limits of a city and its sphere of influence may result in the city being forced subsequently to extend sewer services to the area to deal with septic failures and improve city roads that provide access to the development. The city in such a situation would be the Interested Agency with appropriate reason to request special consideration from the Acting Agency in considering projects adjacent to the city; b) when LAFCo receives notice of a proposal from another agency relating to the Area of Concern, LAFCo will notify the Interested Agency and will consider its comments; and c) LAFCo will encourage Acting and Interested Agencies to establish joint powers agreements or other commitments as appropriate. 4.2 Existing Sphere of Influence The Irish Beach Water District’s (IBWD/District) SOI was last updated in 2016 and is coterminous with the inclusion of an area adjacent to the northwest corner of the District known as the “Inn Site” (assessor parcel numbers (APNs) 131-110-04 and 131-110-36), which consists of approximately 17 acres. The District considers the current SOI to be appropriate (LAFCo 2024b). 4.2.1 Study Areas Study areas are unique to a specific agency and are used to define the extent of one or more locations for SOI analysis purposes. Study areas may be created at different levels of scope and/or specificity based on the circumstances involved. The following descriptions demonstrate the array of scenarios that may be captured by a SOI study area: • an area with clear geographic boundaries and scope of service needs based on years of interagency collaboration or public engagement and a project ready for grant funding or implementation; • an area involving broader community regions or existing residential subdivisions with a large or long- term vision in need of fostering and/or establishing interagency partnerships; • an area in early stages of conception that is not currently geographically well-defined and generally involves one or more ideas identified by agency or community leaders needing further definition; • an area geographically defined by a gap between the boundaries of existing public service providers; and • an area adjacent to an existing agency’s boundary slated for development needing urban services. Study areas can result in a proposed SOI or sphere expansion area or the designation of an AOI to earmark areas for enhanced interagency coordination or for future SOI consideration. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-5 There are no study areas in or immediately surrounding the District. 4.2.2 Area of Interest Designation LAFCo’s Area of Interest Policy, per Section 10.1.12, provides for the designation or identification of unincorporated areas located near to, but outside the jurisdictional boundary and established SOI of a city or district, in which land use decisions or other governmental actions of another local agency directly or indirectly impact the subject local agency. An AOI designation serves as a compromise approach that recognizes situations involving challenging boundary or municipal service delivery considerations, or for which urbanization may be anticipated in the intermediate or long-range planning horizons. It is a tool intended to enhance communication and coordination between local agencies. An AOI designation is most helpful when the county and city or district can reach agreement that development plans related to LAFCo designated AOI will be treated the same as if these areas were within the city or district SOI boundary, particularly regarding notification to and consideration of input from the city or district. No AOIs have been identified for the IBWD (LAFCo 2024b). 4.3 Proposed Sphere of Influence There are no proposed changes to the SOI at the time. The District considers its SOI to be appropriate and does not provide services to any properties outside the SOI boundary. Additionally, as previously noted, there is an existing relationship between the District and Elk County Water District (ECWD) in which the two share operational resources such as equipment, vendor and consultant services, and staffing resources for large emergency projects. The two districts shared a water system manager/acting general manager until September 2024, and currently share three employees, which facilitates operational knowledge, communication, and coordination efforts. As such, there is potential for further collaboration between the two. 4.4 Consistency with LAFCo Policies Mendocino LAFCo has established local policies to implement its duties and mandates under the CKH Act. This section identifies potential inconsistencies between the proposed SOI and LAFCo policies. The proposed District SOI is consistent with Mendocino LAFCo policies (refer to Section 1.4 for the specific SOI policies). 4.5 Determinations In determining the SOI for an agency, LAFCo must consider and prepare written determinations with respect to five factors as outlined in GC §56425(e).33 These factors are as follows: 1. The present and planned land uses in the area, including agricultural and open space lands; 33 GC §56425(e) (2024) can be found here: California Government Code § 56425 (2024) :: 2024 California Code :: US Codes and Statutes :: US Law :: Justia. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-6 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; and 5. The present and probable need for public facilities and services (including sewers, municipal and industrial water, or structural fire protection) of any disadvantaged unincorporated communities within the existing Sphere of Influence. LAFCo staff propose no change to the existing SOI for the District and recommend the Commission approve the SOI determinations as presented below. 4.5.1 Present and planned Land Uses The entirety of the District is located on State Highway 1, approximately four miles north of Manchester and seven miles south of Elk in coastal unincorporated Mendocino County. The primary uses of the coastal zone are rural residential and agricultural uses. Future development in the District is limited to buildout of the remaining 246 residential lots within the Irish Beach Subdivision, however the IBWD system has sufficient water supply and capacity to serve existing connections as well as 141 future connections. Based on population projections for the County, it is likely buildout of the residential parcels will not occur until well beyond the planning horizon of this document. Based on the District’s location in the Coastal Zone, the area is subject to additional development regulations, and land use changes in the area must be approved by both the County and Coastal Commission. 4.5.2 Present and probable need for facilities and services in this area The District provides water services to 207 residential connections, three of which are undeveloped, and provides wastewater oversight services to 204 lots. The District is obligated to provide outside agency water service to the “Inn Site” which are currently undeveloped and consist of approximately 17 acres (assessor parcel numbers (APNs) 131-110-04 and 131-110-36) per a settlement agreement. The service area is limited to the boundaries of the Irish Beach Subdivision located immediately east of State Highway 1. The District anticipates little growth in resident population within the near term (five years) and long- term planning horizon (20 years). While there are currently 246 undeveloped lots it is anticipated the District can accommodate 141 lots of future development. Further, the projected population decline of 2.7 percent throughout the County suggests that buildout of the residential parcels will likely not occur until well beyond the planning horizon of this document. 4.5.3 The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide The District utilizes five main sources of water. The District’s primary water source is the Irish Gulch, which is fed by the adjacent Irish Creek. There are two access diversions in the Irish Gulch: the Upper Diversion and the Lower Diversion. The District also utilizes three active wells (Unit 9 Well, Tank 2 Well, and Tank 5 Well) to supply water to the system when surface water is reduced or not available during winter/spring storms and during times of high-water runoff turbidity. The District supplies an average of approximately 8,422,857 gallons annually to 207 lots, three of which are undeveloped but connected to the District water system. Average daily use for the District is estimated at 23,076 gallons per day (gpd) (111 gallons per residence per day on average), with an average peak day demand at 34,680 gpd (170 gallons per Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update SPHERE OF INFLUENCE 4-7 residence). The system is operating at approximately 31 percent capacity. The current water system capacity appears to be adequately sized for existing development with some room for growth. Given the low anticipated growth rate, the District should have sufficient water supply and service capability for the planning horizon of this document. On March 9, 2024, the Board voted to approve reinstatement of the Capital Replacement portion of the 2002 District-wide Capital Improvement Assessment effective with Fiscal Year (FY) 2024-2025. In addition, on October 5, 2024, the Board approved the 2024 Water System Upgrade and Sustainability Assessment and ordered the levy of assessments effective with FY 2024-2025. Combined, these assessments will ensure that the District is positioned to provide water services for the foreseeable future. 4.5.4 The existence of any social or economic communities of interest in the area if the Commission determines that they are relevant to the agency The IBWD serves the Subdivision of Irish Beach which is the primary community of interest for this SOI Update. There are no other communities identified in the immediate area. The District is located within the unincorporated coastal zone of Mendocino County just south of the community of Elk and north of the community of Manchester. Most of the coastal area is made up of rural uses and is geographically isolated from other communities. Given its isolated location and financial standing, no additional communities of interest have been identified for the District. However, given the existing relationship between the District and ECWD in which the two share staffing, operational resources, and best management practices, there is potential for further collaboration between the two. 4.5.5 The present and probable need for public facilities and services of any disadvantaged unincorporated communities The District is wholly located in a Census Block Group. Because the median household income (MHI) of the block group is lower than the statewide MHI disadvantaged unincorporated community (DUC) threshold of $73,240, by this measure, it would meet the income threshold to qualify as a DUC. However, the District and surrounding areas have a notable number of seasonal homes that are only occupied a portion of the year; as such, these high earning households tend to skew the data, making it difficult to get an accurate representation of the District’s representative MHI. Residents of the Irish Beach Subdivision are currently receiving the essential municipal services of fire and water at adequate service levels. Wastewater is provided by private on-site septic systems, which are monitored by the District and regulated by the Mendocino County Department of Environmental Health. No health or safety issues have been identified. 4.6 Recommendation Pursuant to California Water Code (WAT) §34000 et seq., and California Health and Safety Code (HSC) §6955, the Commission does hereby establish the functions and classes of services provided by the IBWD as limited to providing water and wastewater monitoring and maintenance services. Based upon the information contained in this report, it is recommended that the District Service Area Boundary and SOI for all services remain unchanged and coterminous with the added inclusion of the 17-acre “Inn Site”. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update 5-1 REFERENCES 5 REFERENCES Assembly Committee on Local Government Honorable Juan Carrillo, Chair. Guide to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000. 2023. California Department of Finance (DOF). Demographic Research Unit. Report P-2A: Total Population Projections, California Counties, 2020-2070 (Baseline 2023 Population Projections; Vintage 2024 Release). Sacramento: California. September 2024. P2A_County_Total.xlsx (live.com). California Department of Housing and Community Development. “Housing Element Annual Progress Report (APR) Data by Jurisdiction and Year”. California Open Data Profile. October 8, 2024. Housing Element Annual Progress Report (APR) Data by Jurisdiction and Year - Dataset - California Open Data. California Water Boards. "What Is a Public Water System?" California Water Boards, Accessed February 7, 2025. https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/waterpartn erships/what_is_a_public_water_sys.pdf. County of Mendocino. County of Mendocino General Plan. August 2009. Current General Plan | Mendocino County, CA. ----. County of Mendocino General Plan Coastal Element. November 9, 2021. mendocinocounty.gov/home/showpublisheddocument/56978/638167184738370000. Irish Beach Rental Agency. "Real Estate." Irish Beach Rental Agency, 2024. Real Estate - Northern California Real Estate | Irish Beach Rental Agency. Irish Beach Water District (IBWD). Small Community Drought Relief Program, Irish Beach Water District (IBWD) – Well Activation & Tank Restoration Project. October 19, 2021. ----. Irish Beach Water District Policy Handbook. November 2023. IBWD_POLICY_MANUAL.pdf. ----a. “About Us”. Accessed October 10, 2024. Irish Beach Water District (ibwd.org). ----b. Irish Beach Water District Board of Directors Regular Meeting Minutes. March 9, 2024, IBWD_MAR_9_2024_minutes.pdf. ----c. Irish Beach Water District Board of Directors Special Meeting Minutes. October 5, 2024. IBWD_SPCL_MTG_MINUTES_OCT_5_2024.pdf. ----d. Irish Beach Water District Meeting Packet. May 11, 2024. IBWD_May_11_2024_packet.pdf. ----e. Irish Beach Water District Meeting Packet. November 9, 2024. IBWD_PACKET_NOV_9_2024.pdf. ----f. Irish Beach Water District 2024 Assessment Ballot Procedure Questions and Answers. 2024. ibwd_prop_218_qt.pdf. ----g. Irish Beach Water District, 2024 Water System Upgrade and Sustainability Assessment: Proposition 218 Assessment. August 10, 2024. 2024 Irish Beach Water System Upgrade and Sustainability Assessment.pdf. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update REFERENCES 5-2 ----h. Judgement Summary. 2024. IBWD_judgement_summary_2024.pdf. ----i. Resolution of the Board of the Irish Beach Water District Documenting The Approval of the District’s FY2024-2025 Operating Budgets for Water, Resolution No. 2024-7. September 14, 2024. IBWD_BUGET_FY_2024_2025_Approved_2024.pdf. ----j. Summary of Costs and Attorney’s Fees Awarded Under CCP Section 1036 Following the T5 Well Judgement. 2024. IBWD_VS_MOORES_SUMMARY_FINAL_FEE_COSTS_2024.pdf. Mendocino County. "Mendocino County Zoning Map" [Web Map]. Scale Not Given. "County of Mendocino, California". Mendocino County Zoning Map (arcgis.com) (June 20, 2024). Mendocino County Local Agency Formation Commission (LAFCo). Municipal Service Reviews - Water and Wastewater Districts, October 4, 2014. MUNICIPAL SERVICE REVIEWS (specialdistrict.org). ----. Irish Beach Water District Sphere of Influence Update, May 2, 2016. SOI Update_Template (mendolafco.org). ----a. Multi-District Fire Protection Services Sphere of Influence Update, May 7, 2018. Resolution No. 2017- 18-07. Microsoft Word - Multi-District Fire SOI Update Adopted FINAL (mendolafco.org). ----b. Mendocino Local Agency Formation Commission, Policies & Procedures Manual, November 5, 2018. Resolution No. 2018-19-03. Policies & Procedures Manual. ----a. "Commission." Mendocino LAFCo. Accessed February 5, 2025. https://mendolafco.specialdistrict.org/commission. ----b. Request for Information – Irish Beach Water District Response, September 24, 2024. ----. Request for Information – Irish Beach Water District Response, January 13, 2025. O'Malley, Marianne. "Understanding Proposition 218." Legislative Analyst's Office. Legislative Analyst's Office, December 1, 1996. Understanding Proposition 218 (ca.gov). Rick Bowers, CPA. Irish Beach Water District Financial Statements and Required Supplementary Information Years Ended September 30, 2019 and 2018. February 17, 2021. Rick Bowers, CPA. DRAFT Irish Beach Water District Financial Statements and Required Supplementary Information Years Ended September 30, 2021 and 2020. January 23, 2023. Safe Drinking Water Information System (SDWIS)a. "Monitoring Results for Individual Sampling Points, Water System No. CA2310012." Public Drinking Water Watch - California. Safe Drinking Water Information System, Drinking Water Branch, 2024. Monitoring Schedules (ca.gov). ----b. "Site Visits, Water System No. CA2310012." Public Drinking Water Watch - California. Safe Drinking Water Information System, Drinking Water Branch, 2024. Site Visits (ca.gov). ----c. "Violations, Water System No. CA2310012." Public Drinking Water Watch - California. Safe Drinking Water Information System, Drinking Water Branch, December 31, 2018. Violations (ca.gov). SCI Consulting Group. Fiscal Year 2024 – 25, Engineer’s Report, Irish Beach Water District, 2024 Water System Upgrade and Sustainability Assessment. June 2024. Engineers Report.pdf (ibwd.org). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update REFERENCES 5-3 State Water Resources Control Board (SWRCB) 2024a. "SAFER Dashboard – Irish Beach Water District." California Water Boards. State Water Resources Control Board, October 23, 2024. https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/saferdashboard.html. ----b. "System Area Boundary Layer (SABL) Look-up Tool" [Web Map]. Scale Not Given. https://gispublic.waterboards.ca.gov/portal/apps/webappviewer/index.html?id=272351aa7db1 4435989647a86e6d3ad8 (October 10, 2024). U.S. Census Bureau a. “American Community Survey 5-year Estimates.” Census Reporter Profile Page for BG 1, Tract 111.02, Mendocino, CA. 2022. BG 1, Tract 111.02, Mendocino, CA - Profile data - Census Reporter. ----b. "American Community Survey 5-year Estimates." Census Reporter Profile Page for Census Tract 111.02, Mendocino, CA. 2022. https://censusreporter.org/profiles/14000US06045011102- census-tract-11102-mendocino-ca/. ----c. “American Community Survey 5-year Estimates.” Census Reporter Profile Page for Manchester, CA. 2022. Manchester, CA - Profile data - Census Reporter. ---d . "Income in the Past 12 Months (in 2022 Inflation-Adjusted Dollars)," 2022. American Community Survey, ACS 1-Year Estimates Subject Tables, Table S1901, 2022, accessed on October 27, 2024, S1901: Income in the Past 12 Months ... - Census Bureau Table. ---e. "Median Household Income in the Past 12 Months (in 2022 Inflation-Adjusted Dollars)," 2022. American Community Survey, ACS 5-Year Estimates Detailed Tables, Table B19013, 2022, accessed on October 25, 2024, B19013: Median Household Income in ... - Census Bureau Table. ----a. “Profile – Albion CDP.” United States Census Bureau, 2023. Albion CDP, California - Census Bureau Profile. ----b. "Profile - Mendocino County, California." United States Census Bureau. United States Census Bureau, 2023. https://data.census.gov/profile/Mendocino_County,_California?g=050XX00US06045. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update 6-1 ACKNOWLEDGEMENTS 6 ACKNOWLEDGEMENTS 6.1 Report Preparation This Municipal Service Review and Sphere of Influence Update was prepared by Hinman & Associates Consulting, Inc., contracted staff for Mendocino LAFCo. Uma Hinman, Executive Officer Spencer Richard, Analyst Jen Crump, Analyst 6.2 Assistance and Support This Municipal Service Review and Sphere of Influence Update could not have been completed without the assistance and support from the following organizations and individuals. Heather Hackett, District Board Secretary Irish Beach Water District Brant O’Dell, Water System Manager Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update APPENDICES 7-1 7 APPENDICES 7.1 Appendix A – Open Government Resources The purpose of this appendix is to provide a brief list of some educational resources for local agencies interested in learning more about the broad scope of public interest laws geared towards government transparency and accountability. This appendix is not intended to be a comprehensive reference list or to substitute legal advice from a qualified attorney. Feel free to contact the Mendocino Local Agency Formation Commission (LAFCo) office at (707) 463-4470 to make suggestions of additional resources that could be added to this appendix. The websites listed below provide information regarding the following open government laws: (1) Public Records Act (Government Code (GC) Section (§) 6250 et seq.), (2) Political Reform Act – Conflict-of- Interest regulations (GC §81000 et seq.), (3) Ethics Principles and Training (Assembly Bill (AB) 1234 and GC §53235), (4) Brown Act – Open Meeting regulations (GC §54950 et seq.), and (5) Online Compliance regulations (Section 508 of the US Rehabilitation Act and GC §11135). Refer to the State of California Attorney General website for information regarding public access o to governmental information and processes at the following link: https://oag.ca.gov/government. Refer to the State of California Attorney General website for information regarding Ethics Training o Courses required pursuant to AB 1234 at the following link: https://oag.ca.gov/ethics. The Fair Political Practices Commission (FPPC) is primarily responsible for administering and o enforcing the Political Reform Act. The website for the FPPC is available at the following link: http://www.fppc.ca.gov/. Refer to the California Department of Rehabilitation website for information regarding §508 of o the US Rehabilitation Act and other laws that address digital accessibility at the following link: http://www.dor.ca.gov/DisabilityAccessInfo/What-are-the-Laws-that-Cover-Digital- Accessibility.html. Refer to the Institute for Local Government (ILG) website to download the Good Governance o Checklist form at the following link: www.ca-ilg.org/post/good-governance-checklist-good-and- better-practices. Refer to the ILG website to download the Ethics Law Principles for Public Servants pamphlet at o the following link: www.ca-ilg.org/node/3369. Refer to the ILG website for information regarding Ethics Training Courses required pursuant to o AB 1234 at the following link: http://www.ca-ilg.org/ethics-education-ab-1234-training. Refer to the California Special Districts Association (CSDA) website for information regarding o online and website compliance webinars at the following link: http://www.csda.net/tag/webinars/. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update APPENDICES 7-2 7.2 Appendix B – Website Compliance Handout Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update California Website Compliance Checklist Use this checklist to keep your district's website compliant with State and Federal requirements. Public Records Act SB 929 SB 272 AB 2853 (optional): Our district has created and Our Enterprise System Catalog is We post public records to our maintains a website posted on our website website Passed in 2018, all independent special All local agencies must publish a catalog This bill allows you to refer PRA requests districts must have a website that listing all software that meets specific to your site, if the content is displayed includes contact information (and all requirements—free tool at getstream- there, potentially saving time, money, other requirements) by Jan. 2020 line.com/sb272 and trees The Brown Act State Controller Reports AB 392: AB 2257: Financial Transaction Report: Compensation Report: Agendas are posted to A link to the most recent A link to the Controller’s A link to the Controller’s our website at least 72 agenda is on our home “By the Numbers” PublicPay website is hours in advance of page, and agendas are website is posted on posted in a conspicuous regular meetings, 24 searchable, machine- location on our website our website hours in advance of readable and platform Report must be submitted by special meetings independent Report must be submitted April 30 of each year—you within seven months after the This 2011 update to the Act, Required by Jan. 2019— close of the fiscal year—you can also add the report to originally created in 1953, text-based PDFs meet this can add the report to your your site annually, but added the online posting requirement, Microsoft Word site annually, but posting a posting a link is easier requirement docs do not link is easier Healthcare District Section 508 ADA Websites Open Data Compliance AB 2019: AB 169: CA gov code 7405: If we’re a healthcare district, we Anything posted on our website State governmental entities maintain a website that includes that we call “open data” meets the shall comply with the accessibility all items above, plus additional requirements for open data requirements of Section 508 requirements of the federal Rehabilitation Act Defined as “retrievable, downloadable, of 1973 Including budget, board members, indexable, and electronically searchable; Municipal Service Review, grant policy platform independent and machine Requirements were updated in 2018—if and recipients, and audits readable” among other things you aren't sure, you can test your site for accessibility at achecker.ca Website compliance made easy csda.net getstreamline.com The Brown Act: new agenda requirements Tips for complying with AB 2257 by January, 2019 Placement: What it says: An online posting of an agenda shall be posted on the primary Internet Web site ​​ homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. What that means: Add a link to the current agenda directly to your homepage. It cannot be in a ​​ ​ ​​ menu item or otherwise require more than a single click to open the agenda. Exception: What it says: A link to the agenda management platform may be added to the home page instead of a ​​ link directly to the current agenda, if the agency uses an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. What that means: If you use an agenda management system, you may add a link to that system ​​ directly to your homepage (again, not in a menu item), if the format of the agenda meets the requirements below, and if the current agenda is the first at the top of the list. Format: What it says: [agenda must be] Retrievable, downloadable, indexable, and electronically searchable by ​​ commonly used Internet search applications. Platform independent and machine readable. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. What that means: You cannot add Word Docs or scanned (image-based) PDFs of your agenda to your ​​ website–Word Docs are not platform independent (the visitor must have Word to read the file), and scanned PDFs are not searchable. Instead, keep your agenda separate from the packet and follow ​ ​​ these steps: 1. From Word or other document system: Export agenda to PDF 2. Add that agenda to your website (or to your agenda management system), and include a link to that agenda on your homepage 3. Then, you can print the agenda, add it to your pile of documents for the packet, and scan that to PDF - just keep the packet separate from the agenda (only the agenda must meet AB 2257) 4. Keep the link on the homepage until the next agenda is available, then update the link Questions? Contact sloane@getstreamline.com or dillong@csda.net ​ ​ ​ California 2024 Web Accessibility Checklist UpdatedMay1,2024.Downloadthelatestatgetstreamline.com/ada Congratulationsonyourcommitmenttoensuringthatyourdistrict’swebsiteisaccessibletoyourentirecommunity, includingthosewithdisabilities.ThischecklistwillhelpyouensurecompliancewithTheUnruhActandAB434. Before you begin Performaninitialscantocheckforknownissuesusingcheckmydistrict.orgoranothertool Haveyourwebsiteprovider'scontactinformationtoreportanyissues One-time actions -examplesavailableathttps://getstreamline.com/accessibility-policy 1. Designateanaccessibilityofficer-Wehavedesignatedonestaffmemberastheaccessibilityofficerwho willbethego-tocontactforaccessibilityissues. 2. Approveanaccessibilitypolicy-Ourboardhasapprovedanaccessibilitypolicythatincludesthelevelof accessibilityyouareadheringto,likeWCAG2.1AA. 3. Createandpostanaccessibilitypage-Wehavecreatedadedicatedaccessibilitywebsitepagetohouse allaccessibility-relatedcontent,includingthepolicyandplan.Ifwehavecomponentsthatarenotyet compliant,wehaveaddedinformationaboutourremediationplanandtimelinetogetcompliant. 4. Createaprocessforcommunityconcerns-Wehaveaprocessinplacewhereacommunitymembercan submitaconcernviaform,phonenumber,and/oremailaddress. 5. Enableclosedcaptionsonyourvideos-Ourvideosallhaveclosedcaptions,andwehaveaprocessfor includingclosedcaptionsinfuturevideos.(YouTubeincludesthisforfreewhenenabled.Learnhow.Itis importantthatahumanverifiesthegeneralaccuracyofthecaptions.) Ongoing actions -recommendedoncepermonth 6. Scanyourwebsitepageseachmonth-Wehavescannedeverypageofourwebsite,everypagehasa scoreandlistofissuestoremediate. Freetoolsincludecheckmydistrict.org,GoogleChromeLighthouse (F12willactivate),andwave.webaim.org.Demandyourwebdeveloperaddressanyissuesthatarise. 7. Checkyourattachments.Wehavecheckedallofourattachmentsandwehaveremovedoraddeda writtenadisclaimerforanythird-partyattachmentsthatweareunabletoremediate. 8. Performremediations-Wehavetakenactiontofixissuesdetectedbyascan/reportedbyourcommunity Other actions to consider ● Third-partyADAaudit-largerdistrictsshouldconsiderhiringanoutsidefirmtoconductanaudit.Manual testingbyuserswithdisabilitiesisthegoldstandardtoensureaccess. ● Indemnification-Choosingaplatformorinsurancethatindemnifiesorinsuresyouagainsttheriskoffines *Remember,Streamlineisonlyasoftwarecompany,andStreamline'stemplatesandguidesarenotasubstituteforgettingyourown competentlegaladvice. APPENDICES 7-3 7.3 Appendix C – Housing Legislation Trends and Results Mendocino County and ADUs In response, the County of Mendocino has taken a series of steps to facilitate Accessory Dwelling Unit (ADU) construction and operation in an attempt to address the local housing crisis. This includes adopting an ADU ordinance which outlines specific development standards. Another County General Plan update was adopted on November 9, 2011, which amended the Coastal Zoning Code component of the Local Coastal Plan (LCP) to establish and revise standards for ADUs in the Coastal Zone. Because Irish Beach is in the County Coastal Zone, it is subject to coastal specific ADU regulations. The number of permitted ADUs within the Coastal Zone of Mendocino County (excluding the Gualala Town Plan area) is limited to 500 units. Junior Accessory Dwelling Units (JADUs), which are accessory structures typically limited to 500 square feet in an existing space, are exempted from this cap. Any change to the cap on the number of ADUs shall require a Local Coastal Program amendment. Per Section (§) 20.458.040 of the Public Health and Safety Requirements in the County’s Municipal Code, both an adequate water supply and sewage capacity must be available to serve the proposed new residence as well as existing residences on the property. Most notably, if the property is in a service district (such as Irish Beach), the property owner must provide written approval from the service district specifically authorizing the connection of the ADU. With respect to coastal resource protections, ADUs and JADUs are subject to additional requirements that impact the viability of their development. Some of the most pertinent requirements can be found in §20.458.045 of the County’s Municipal Code. The Larger Picture As for how ADUs fit into the larger picture of the Mendocino County population trends, the housing data provided in the County’s General Plan Annual Progress Report (APR) provides a reliable snapshot. Required by the California Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD), every jurisdiction is required to provide an annual report detailing the progress made towards implementing their housing element and meeting their Regional Housing Needs Allocations (RHNAs). The data provided in the most recent APR for unincorporated Mendocino County (adopted June 6TH, 2023 by the Board of Supervisors) suggests that despite strict development regulations in some places, ADUs are certainly a factor in local housing development trends. Out of the 143 housing development applications received in the 2022 reporting year, 38 were for ADUs; in 2021 a total of 102 housing development applications were received, of which 35 were for ADUs. This small number of ADUs compared to single-family home applications suggests that there could continue to be some limited development of ADUs throughout the unincorporated areas of the County. This kind of development could very slightly increase demand for wastewater services provided by IBWD in Irish Beach. However, any new development requires written approval from the service provider to authorize services. Regional Housing Needs Allocation (RHNA) It is worth noting that in response to statutory requirements, policy direction from the HCD, and mandated deadlines for delivery of housing need allocation numbers to local jurisdictions within Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update APPENDICES 7-4 Mendocino County, the Mendocino Council of Governments (MCOG) adopted a Regional Housing Needs Plan in 2018. Although MCOG does not typically deal with housing issues, they have been designated by HCD as the appropriate regional agency to coordinate the housing need allocation process. The political jurisdictions that comprise the region consist of the Mendocino County unincorporated area and the cities of Ukiah, Fort Bragg, Willits, and Point Arena. The Regional Housing Needs Plan went through numerous iterations prior to being adopted which considered different allocation factors for the methodology. Throughout the process, each member jurisdiction provided statements of constraints to HCD which detailed the land constraints that challenge residential development in unincorporated Mendocino County. Water resources and availability were cited by multiple MCOG member jurisdictions as a constraint and contributed to the adjustments made by the State on the region’s required housing allocations. The RHNA allocations for unincorporated Mendocino County are projected for a planning period between August 15, 2019, and August 17, 2027. Since adopting the Regional Housing Needs Plan in 2018 the County has made progress across all income levels; the number of housing units developed and how many remain with respect towards its RHNA allocation are detailed below broken down by income level and deed restricted versus non-deed restricted. Table 7-1: Mendocino County RHNA Allocations Projection Total RHNA Period - Units to Total Remaining Income Level 2019 2020 2021 2022 Allocation 01/01/2019- Date (All RHNA 08/14/2019 Years) Deed -- -- 39 -- 21 Restricted Very Low 291 125 166 Non-Deed -- -- -- 65 -- Restricted Deed -- -- -- -- -- Restricted Low 179 21 158 Non-Deed -- - -- 21 Restricted Deed -- -- -- -- -- Restricted Moderate 177 156 21 Non-Deed 4 -- -- -- -- Restricted Above 702 46 40 67 51 58 262 440 Moderate Total RHNA 1,349 Total Units 50 60 149 186 119 564 785 *Progress toward extremely low-income housing need, as determined pursuant to GC §65583(a)(1). Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update APPENDICES 7-5 Extremely Low- 145 15 26 21 62 83 Income Units* Source: HCD 2023. With respect to how RHNA requirements may affect Irish Beach, the State continues to push for more housing across the state including in communities located on the coast such as Irish Beach. While these coastal communities are subject to additional regulation and governing bodies (i.e. the Coastal Commission), housing mandates can affect these areas just the same as more inland communities. While there is not currently much left to develop under current regulations in Irish Beach, evolving legislation could allow for increased development potential that supports the State’s housing goals. Additional Recent State Housing Legislation While the state legislator has made a concerted effort to progress ADU development throughout the state, there have been numerous other housing bills passed in recent years aimed at addressing the housing affordability crisis. • Senate Bill (SB) 9 - Authorizes a property owner to split a single-family lot into two lots and place up to two units on each new lot. Therefore, the bill permits up to four units on properties currently limited to single-family houses. Senate Bill 9 also mandates that local agencies approve development projects that meet specified size and design standards. • SB 10 - Establishes a process for local governments to increase the density of parcels in transit- rich areas or on urban infill sites to up to 10 residential units per parcel. Such an ordinance must be adopted between January 1, 2021, and January 1, 2029, and is exempt from the California Environmental Quality Act (CEQA). • SB 35 - Applies in cities that are not meeting their RHNA goal for construction of above- moderate income housing and/or housing for households below 80 percent Area Median Income (AMI). Senate Bill 35 amends California Government Code (GC) §65913.434 to require local entities to streamline the approval of certain housing projects by providing a ministerial approval process. 34 GC §65913.4 (2024) can be found here: California Code, GOV 65913.4. Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update 7-6 APPENDICES 7.4 Appendix D – District Financial Audits Irish Beach Water District | 2025 Municipal Service Review and Sphere of Influence Update IRISH BEACH WATER DISTRICT ANNUAL FINANCIAL REPORT With INDEPENDENT AUDITOR’S REPORT THEREON SEPTEMBER 30, 2022 AND 2021 IRISH BEACH WATER DISTRICT ANNUAL FINANCIAL REPORT SEPTEMBER 30, 2022 and 2021 INDEX PAGE Independent Auditor’s Report............................................................................................................1 – 3 Management’s Discussion and Analysis............................................................................................4 - 8 Basic Financial Statements Statements of Net Position.................................................................................................................9 Statements of Revenues, Expenses and Changes in Net Position...................................................10 Statements of Cash Flows................................................................................................................11 Notes to Financial Statements....................................................................................................12-18 FECHTER & COMPANY Craig R. Fechter, CPA, MST Certified Public Accountants (1976 - 2022) INDEPENDENT AUDITOR’S REPORT Board of Directors Irish Beach Water District Manchester, California Opinions We have audited the accompanying financial statements of the business-type activities of the Irish Beach Water District, as of and for the year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the Irish Beach Water District’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the business-type activities of the Irish Beach Water District, as of September 30, 2022, and the respective changes in financial position and, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Irish Beach Water District, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Other Matters The financial statements of Irish Beach Water District as of September 30, 2021, were audited by other auditors whose report dated January 23, 2023, expressed an unmodified opinion on those statements. 1 3445 American River Drive, Suite A | Sacramento, California 95864 phone 916-333-5360 | fax 916-333-5370 | www.fechtercpa.com Board of Directors Irish Beach Water District Manchester, California Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Irish Beach Water District’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Irish Beach Water District’s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Irish Beach Water District’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 Board of Directors Irish Beach Water District Manchester, California Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Fechter & Company Certified Public Accountants Sacramento, California November 4, 2024 3 IRISH BEACH WATER DISTRICT MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2022 and 2021 The following Management's Discussion and Analysis (MD&A) provides a narrative overview and analysis of the financial performance of the Irish Beach Water District during the fiscal year ended September 30, 2022 and 2021. Please read this analysis in conjunction with the District's Basic Financial Statements and accompanying notes immediately following this section. Overview of the Financial Statements The District operates under California Irrigation District Law as a utility enterprise. As such, the District presents its financial statements using the economic resources measurement focus and the full accrual basis of accounting, similar to methods used by private sector companies. These financial statements are designed to provide readers with a broad overview of the finances and also present changes in cash balances, and information about both short-term and long-term activities of the District. There are three required components to these statements: the MD&A, the Financial Statement s, and the Notes to the Financial Statements. As an enterprise fund, the District's Financial Statements include four components . Statements of Net Position present information on all of the District's assets and liabilities with the difference between the two reported as net position. The Statements of Net Position provide the basis for evaluating the capital structure of the District and assessing its liquidity and financial flexibility. Overtime, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. Net position is displayed in three categories: • Net investment in Capital Assets; • Restricted for Capital Projects, and • Unrestricted Statements of Revenues, Expenses, and Changes in Net Position present information which show how the District's net position changed during the year. All of the current year's revenues and expenses are recorded on an accrual basis, meaning when the underlying transaction occurs regardless of the timing of the related cash flows. These statements measure the success of the District's operations over the past year and determine whether the District has recovered its costs through water sales (usage charges on water bills and contract water sales), user fees (availability charges on water bills), and other charges. Statements of cash flows provide information regarding the District's cash receipts and cash disbursements during the year. These statements report cash activity in three categories: Operating; Capital and Related Financing Activities; and Investing. These statements differ from the Statements of Revenues, Expenses, and Changes in Net Position in that they account only for transactions that result from cash receipts and cash disbursements. As in the past, the Statements of Cash Flows continue to reconcile the reasons why cash from operating activities differ from operating income. 4 IRISH BEACH WATER DISTRICT MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2022 and 2021 Notes to the Basic Financial Statements provide a description of the accounting policies used to prepare the financial statements and present material disclosures required by generally accepted accounting principles that are not otherwise present in the financial statements. The Notes are located immediately following the Financial Statements. Financial Highlights During the years ended September 30, 2022 and 2021, the District's operating income was $153,119 and ($15,914) respectively. Net income in the current year vs net losses in the prior years, demonstrating the results if the Board's actions of increasing user fee and maintaining cost control. Occurrence of leaks and repairs to our aging water system continue. The District Board asked voters for another Prop 218 Capital Projects Assessment which would be assessed on all 459 home and lot owners to begin in fiscal year 21- 22. However, the measure failed by a narrow margin. Another prop 218 capital project assessment is planned for fiscal year 22-23. This time with special benefit assessment to the 207 developed lots. The increase of revenue from availability charges and user charges reflects continued rate increases as reflected in chart on page 4. Financial Analysis of the District Statements of Net Position - The District's net position increased between fiscal year ended September 30, 2021 and 2022 from $935,384 to $1,088,503. The change can be seen in the condensed Statement of Net Position below as a $153,119 increase in net position. There was an increase in capital assets of $84,138 which can be explained by approximately $35,000 depreciation expense offset by construction in process of $119,138 funded with grant revenues. Current assets increased by $61,642. Restricted assets increased 4,966 which is the due to expenditure of replacement reserve funds. Current liabilities decreased by 2,372. Condensed Statements of Assets, Liabilities, and Net Position 2022 2021 Change Current Assets $ 194,296 $ 132,654 $ 61,642 Restricted assets 595,040 590,074 4,966 Capital assets 793,488 709,350 84,138 Total Assets 1,582,824 1,432,078 150,747 Current liabilities 180,717 183,089 (2,372) Deferred revenues 313,605 709,350 (395,745) Total liabilities 494,322 892,439 (398,117) Net investment in capital assets 793,488 709,350 84,138 Restricted 276,469 276,469 - Unrestricted 18,546 (50,435) 68,981 Total net position $ 1,088,503 $ 935,384 $ 153,119 5 IRISH BEACH WATER DISTRICT MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2022 and 2021 Changes in Revenues, Expenses, and Net Position - The District's income before capital improvement assessments increased $169,035 as a result of a $105,958 grant, and increase of $41,338 of non-operating revenues offset by a slight increase of $28,302 of expenses. The change in net position that resulted can be seen in the table below, which summarizes the Statement of Revenues, Expenses, and Changes in Net Position. Condensed Statements of Revenues and Expenses 2022 2021 Change Operating Revenues: Water Usage $ 41,715 $ 52,479 $ (10,764) Water Availability 265,929 206,127 59,802 Grant revenues 105,958 - 105,958 Late Fees 2,933 3,620 (687) Meter connections 750 500 250 Total Operating Revenues 417,285 262,726 154,559 Non-Operating Revenues 48,148 6,810 41,338 Total Revenues 465,433 269,536 195,897 Operating Expenses 310,189 281,886 28,303 Non-Operating Expenses 2,125 3,564 (1,439) Total Expenses 312,314 285,450 26,864 Income (loss) before Contributions 153,119 (15,914) 169,033 Capital Contribution Assessments - - - Change in Net Position $ 153,119 $ (15,914) $ 169,033 6 IRISH BEACH WATER DISTRICT MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2022 and 2021 Economic Factors and Prospective Information The District's Board of Directors has increased rates as necessary to ensure that the District's costs be covered by revenues. Following is a table of approved rates for the last seven years. 2017-18 is last year for collections of prop 218 assessments. Availability and Usage rates are based on operating budgets approved each year, and may change from year to year. The Court ordered the Mallo Pass portion of the assessment discontinued in 16-17. The increase in availability charges in November of 2021 was for the purpose, in part, of building an unrestricted Board Reserve for unfunded capital improvements and contingencies. Economic Factors and Prospective Information Year Ended Availability Usage September 30: Assessments Charge Charge 2016 $ 242.03 $66.49/200 $0.51/100gal 2017 $ 157.90 $66.49/202 $0.51/100gal 2018 $ - $66.49/202 $0.51/100gal 2019 $ - $73.14/202 $0.57/100gal 2020 $ - $78.87/202 $0.58/100gal 2021 $ - $85.50/202 $0.65/100gal 2022 $ - $108.56/207 $0.67/100gal 2023 The District, by way of the Proposition 218 balloting process, was authorized to impose a special assessment for capital improvement to the water system. The assessment was levied annually and collected by Mendocino County Treasurer by placing these assessments on the property tax bills at a cost of 2%. Unfortunately, the 2002 assessment ended in fiscal year 2016/17 and voters (parcel owners) have not approved a new capital projects assessment. Until 2008, the Irish Beach Water District had three developed sources of water: 1) The Upper Diversion on Irish Gulch, 2) Well #9 located east of the main subdivision; and 3) the Lower Diversion on Irish Gulch. Over the years, the Unit 9 well has been diminishing in production volume. Two new wells were drilled in 2008 to provide additional water source capacity to existing parcels and future homes yet to be built. (Ground water can be held in future reserve where surface water cannot.). One was drilled, by agreement on a parcel owners, near Tank 2. This well has not been connected to the system because of current litigation preventing the utility connection to that well. A second well was drilled on an easement granted to the District near Tank 5 in the Unit 9 area. The existing Unit 9 well is on that same easement. The new T5 Well was tested for recovery rate, water quality, and was licensed for use by the State Department of Public Health. In 2009, Willam and Tonya Moores filed suit against the District in Superior Court regarding liability for inverse condemnation for the drilling of the T5 Well. The court ruled against the District as to liability for inverse condemnation as to the T5 Well in a decision dated June 20, 2012. In a second phase of the litigation in 2015, the court found that the Moores’ were entitled 7 IRISH BEACH WATER DISTRICT MANAGEMENT DISCUSSION AND ANALYSIS SEPTEMBER 30, 2022 and 2021 to $401,000 in compensation and $734,000 in attorney fees and costs. The district appealed this judgement and in 2021 to the Court of Appeal of the State of California reversed these lower court’s findings with respect to compensation and related costs. The case was remanded back to the Superior Court to determine an appropriate value for the inverse condemnation of the small plot of land where the well was drilled. The third phase of this litigation sought to invalidate certain prop 218 assessments, seek damages for road maintenance and an alleged breach of a 2002 settlement agreement. The trial court ruled that, after adjusting for certain disallowed expenditures, the remaining balance of the Mallo Pass assessment fund and the Systemwide assessment fund be returned to parcel owners and that that fund ceiling of Capital Replacement Assessment Fund be lowered. The adjustment of the Capital Replacement Assessment Fund was also appealed Court of Appeal of the State of California and the Superior Court Judgment was overturned. Actions regarding the disposition of the Mallo Pass and Systemwide funds are pending court’s final judgment, expected in late 2023 or early 2024. Well Moratorium -The District continues to enforce a new well drilling moratorium. However, exemptions from the moratorium are considered on case-by-case basis by board of directors. Projects in Process - On May 2, 2022, the District accepted a $400,000 grant from the California Department of Water Resources to renovate Tank 2, activate Well 2, and replace the temporary Tank 5 with a permanent bolted steel tank. Construction activities commenced in May 2002 by the end of fiscal year 2021/2022, the grading and drainage site preparation, concrete work and framing for the structures secure ozonator/filter enclosure at Well 2 and the secure appurtenance enclosure at Tank 2 were complete. The custom metal cover for Tank 2 had been ordered and scheduled for installation by the end of the calendar year. The District requested reimbursement for a total of $113,444.09 for grant project related costs during the period May 2022 through August 2022, and had incurred another $6,882.33 in grant-related costs for September 2022. At the end of fiscal year 2021/2022 the District was awaiting reimbursement from the State and had not yet received any grant funds. Contacting the District's Management This financial report is designed to provide our citizens, rate payers, and creditors with a general overview of the District's finances and to demonstrate the District's accountability for the financial resources it manages. If you have questions about this report or need additional information, please contact the District. Irish Beach Water District P.O. Box 67 Manchester, California 95459 8 IRISH BEACH WATER DISTRICT STATEMENTS OF NET POSITION September 30, 2022 and 2021 2022 2021 ASSETS Current Assets Cash in banks $ 14,514 $ 80,856 Accounts receivable 63,769 36,737 Taxes receivable - 5,006 Grants receivable 105,958 Prepaid insurance 10,055 10,055 Total Current Assets 194,296 132,654 Restricted Assets Cash and cash equivalents 478,592 466,913 Interest receivable 44 761 Due from operations 116,404 122,400 Total Restricted Assets 595,040 590,074 CAPITAL ASSETS Property, plant and equipment - net 793,488 709,350 Total Assets 1,582,824 1,432,078 LIABILITIES Current Liabilities Accounts payable 1,121 4,265 Accrued Payroll and Taxes 1,846 11,735 Due to Restricted Assets 116,404 122,400 Due to Redwood Coast Fire 61,345 44,689 Total Current Liabilities 180,716 183,089 Long-term Liabilities Deferred revenue -Water Source Development 313,605 313,605 Total Liabilities 494,321 496,694 NET POSITION Net Investment in Capital Assets 793,488 709,349 Restricted for Capital Projects 276,469 276,469 Unrestricted Deficit 18,546 (50,434) TOTAL NET POSITION $ 1,088,503 $ 935,384 See accompanyimng notes to financial statements 9 IRISH BEACH WATER DISTRICT STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN NET POSITION For the Years Ended September 30, 2022 and 2021 2022 2021 Operating Revenues Water Usage $ 41,715 $ 52,479 Water Availability 265,929 206,127 Late Fees 2,933 3,620 Meter connections 750 500 Total Operating Revenues 311,327 262,726 Operating Expenses Source of Supply 4,888 9,976 Transmission and Distribution 30,686 39,552 Water Treatment 45,224 54,494 Customer Accounts 6,133 6,407 General and Administrative 122,559 105,170 Legal Fees 65,699 31,399 Depreciation 35,000 34,888 Total Operating Expenses 310,189 281,886 Operating Income (Loss) 1,138 (19,160) Non-Operating Revenues (Expenses) Investment Earnings 4,922 6,810 Grant Revenue 105,958 - Other Revenue, Fund Transfer 43,226 - Interest Expense (1,520) (2,407) Other Expense (605) (1,157) Total Non-Operating Revenues (Expenses) 151,981 3,246 Change in Net Position 153,119 (15,914) Net Position - Beginning of Year 935,384 951,298 Net Position - End of Year $ 1,088,503 $ 935,384 See accompanyimng notes to financial statements 10 STATEMENTS OF CASH FLOWS For the Years Ended September 30, 2022 and 2021 2022 2021 Cash Flows from Operating Activities Cash Received from Customers $ 2 84,295 $ 2 59,419 Payments to Suppliers (221,797) (110,836) Payments for Employees and Taxes (49,769) (87,245) Net Cash Provided by Operating Activities 1 2,729 61,338 Cash Flows from Capital and Related Financing Activities Capital Expenditures (119,138) (40,101) Interest Expense (1,520) (2,407) Other Revenue (Expense) 4 7,627 (1,157) Net Cash Used by Capital and Related Financing Activities (73,031) (43,665) Cash Flows from Investing Activities Investment Income 5 ,639 6 ,050 Net Increase (Decrease) in Cash and cash equivalents (54,663) 2 3,723 Cash and Cash Equivalents - Beginning 5 47,769 5 24,046 Cash and Cash Equivalents - End of Year $ 4 93,106 $ 5 47,769 Components of Cash and Cash Equivalents Cash in Checking and Savings $ 1 4,514 $ 8 0,856 Restricted Cash and Cash Equivalents: Capital Asset Assessments - Redwood Credit Union 4 78,592 4 66,913 Mendocino County Total Cash and Cash Equivalents $ 4 93,106 $ 5 47,769 Reconciliation of Operating Loss to Net Cash Provided (Used) by Operating Activities Operating Income (Loss) $ 1 ,138 (19,161) Depreciation and Amortization 3 5,000 3 4,888 Net Changes in Assets and Liabilities: Accounts Receivable (27,032) (3,307) Prepaid Insurance - 1 22 Accounts Payable (3,144) 3 ,410 Accrued Payroll and Taxes (9,889) 2 ,777 Due to Redwood Coast Fire 1 6,656 4 2,609 Net Cash Provided (Used) by Operating Activities $ 1 2,729 $ 6 1,338 See accompanyimng notes to financial statements 11 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity The Irish Beach Water District (the District) was formed in 1967 under the provisions of the Water Code of the State of California for the purpose of providing water to properties within the District, which include the subdivision known as Irish Beach along the southern Mendocino County coast line. The District started providing Fire protection services in 1978 which were subsequently taken over by the Redwood Coast Fire Protection District as part of an annexation of that department. The fire department is not a component unit of the District. Criteria used in determining the scope of the reporting entity includes financial interdependency, selection of governing authority, designation of management, ability to significantly influence operations, and accountability for fiscal matters. The reporting entity consists of the District as the primary, and sole, reporting entity. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The financial statements of the District are prepared in conformity with accounting principles generally accepted in the United States of America, as defined by the' Government Accounting Standards Board (GASB), the independent and ultimate authoritative accounting and financial reporting standard-setting body for state and local governments. The District's reporting entity applies all relevant GASB pronouncements. Enterprise, or proprietary, funds apply Financial Accounting Standards Board (FASB) pronouncements and Accounting Principles Board (APB) opinions issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements, in which case GASB prevails. The District is accounted for as an enterprise fund (proprietary fund type). A fund is an accounting entity with a self-balancing set of accounts established to record the financial position and results of operations of a specific governmental activity. Proprietary funds are accounted for on the flow of economic resources measurement focus and use the accrual basis of accounting. Under this method, revenues are recorded when earned and expenses are recorded at the time liabilities are incurred. The activities of enterprise funds closely resemble those of business entities in which the purpose is to conserve and add to basic resources while meeting operating expenses from current revenues. Enterprise funds account for operations that provide services on a continuous basis and are substantially financed by revenues derived from user charges. The District distinguishes operating revenues and expenses from non-operating items. Operating revenues include revenues derived from services for usage and availability of water, and related activities. Operating expenses include all expenses applicable to the furnishing of these activities. Non- operating revenues and expenses include revenues and expenses not associated with the District's normal business of providing water services. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed. 12 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Budgetary Accounting An annual budget is adopted by the Board of Directors each fiscal year. The budget may be revised during the year to reflect unanticipated revenues or expenses. The budget is used for operating management and internal accounting control purposes, and is prepared on the modified cash basis of accounting. Cash and Cash Equivalents Cash and cash equivalents include amounts in demand deposits and with the county treasury, as well as short-term highly liquid investments with maturities of three months or less. State statutes authorize the District to invest in obligations of the U.S. Treasury, commercial paper, corporate bonds, and repurchase agreements. Accounts Receivable Accounts receivable represent amounts due for water services. All amounts are considered to be collectible, and no allowance for doubtful accounts has been recorded. Liens are placed on properties with outstanding balances. If accounts receivable are considered uncollectible, losses are recognized when the amounts become determinable. Prepaid Expenses Payments made to vendors for services that will benefit periods beyond the fiscal year-end are recorded as prepaid assets. Restricted Assets Assessments for capital improvements are considered restricted because their use is limited to future developments within the water system. Capital Assets Capital assets are recorded at cost. Major improvements and additions are charged to the related capital asset accounts. Improvements and additions which do not significantly improve or extend the life of the asset are charged against earnings in the period incurred. Donated capital assets are recorded at their estimated fair market value on the date received. 13 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Depreciation Depreciation is charged to expense for all capital assets; except land, right of ways, and any projects in progress. Projects in progress are considered depreciable upon completion of the related project. Depreciation is calculated using the straight-line method over the estimated useful lives of the related assets. The estimated useful lives are as follows: Improvements and Infrastructure Equipment and Vehicles Office Equipment and Furniture 20 - 40 years 5 - 15 years 5 - 10 years Net Position Net position represents the difference between assets and liabilities. The District's net position is classified as follows: Net Investment in Capital Assets - This represents the District's total investment in capital assets, net of accumulated depreciation, and reduced by any outstanding debt obligations related to those capital assets. Restricted Net Position - Restricted net position represents resources which are legally or contractually obligated to be spent in accordance with restrictions imposed by external third parties. Unrestricted Net Position - Unrestricted net position represents the net amount of assets and liabilities that is not included in the determination of the net investment in capital assets or restricted components of net position. Prepaid insurance is considered a non-spendable net position. Measurement Uncertainty The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 14 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 2 CASH AND CASH EQUIVALENTS Cash and cash equivalents consist of the following at September 30, 2022 and 2021: 2022 2021 Checking Accounts $ 14,514 $ 80,856 Restricted- Money Market $ 478,592 $ 466,913 Total $ 493,106 $ 547,769 District deposits are fully insured or collateralized with securities held by the District or its agent in the District's name. The California Government Code requires California banks and savings and loan associations to secure local agency deposits by pledging government securities as collateral. The market value of pledged securities must equal at least 110% of a local agency's deposits. NOTE 3 CAPITAL ASSETS Following is a summary of changes in capital assets for the years ended September 30, 2022 and 2021: September 30, 2022 September 30, 2021 Additions Disposals Reclassifications September 30, 2022 Non-depreciating assets: Land $ 519,810 $ - $ - $ - $ 519,810 Construction in progress 40,101 119,139 - - 159,240 Total non-depreciable assets 559,911 119,139 - - 679,050 Depreciating assets: Buildings and improvements 378,758 - - - 378,758 Equipment 22,208 - - - 22,208 Vehicles 585,903 - - - 585,903 Total depreciating assets at cost 986,869 - - - 986,869 Accumulated depreciation (837,431) (35,000) - - (872,431) Net depreciating assets 149,438 (35,000) - - 114,438 Net capital assets $ 709,349 $ 84,139 $ - $ - $ 793,488 15 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 3 CAPITAL ASSETS (continued) September 30, 2020 Additions Disposals Reclassifications September 30, 2021 Non-depreciating assets: Land $ 519,810 $ - $ - $ - $ 519,810 Construction in progress - 40,100 - - 40,101 Total non-depreciable assets 519,810 40,100 - - 559,911 Depreciating assets: Buildings and improvements 378,758 - - - 378,758 Equipment 22,208 - - - 22,208 Vehicles 585,903 - - - 585,903 Total depreciating assets at cost 986,869 - - - 986,869 Accumulated depreciation (802,543) (34,888) - - (837,431) Net depreciating assets 184,326 (34,888) - - 149,438 Net capital assets $ 704,136 $ 5,212 $ - $ - $ 709,349 Depreciation expense for the years ended September 30, 2022 and 2021 is $35,000 and $34,888, respectively.. NOTE 4 DEFERRED REVENUE Water Source Development deferred revenue represents with a balance of $313,605 represents assessments through September 30, 2016. The Court ordered a stop to collection of assessments for future water development. It is anticipated that when any appeals are final, the full amount of the water development funds will be returned to the property owners. See commitments and contingencies below for continued discussion. NOTE 5 COMMITMENTS AND CONTINGENCIES Alternate Water Source Development and Litigation The District had a permit from the State Water Resources Control Board (SWRCB) to divert surface water from Mallo Pass Creek. The permit was originally issued to an individual in 1974 and was assigned to the District by that individual in 1988. The permit was issued with a requirement that the project be completed within a specified period of time, to which several extensions had been granted by the SWRCB. Due to litigation and other factors the project was not completed, and the SWRCB has denied any additional extensions and revoked the permit. The District retained legal counsel for this issue, and, after numerous appeals and discussions, it was determined that the revocation will stand, in large part because the District cannot control rate of development needed to support the project. 16 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 5 COMMITMENTS AND CONTINGENCIES (continued) In November of 2008 the District passed a resolution officially abandoning the project. It was determined by the District that the funds originally accumulated for this project could be held as restricted for other water source developments. This contention was challenged in a legal suit filed in 2009. A landowner in the District brought this action among numerous causes of action, and included the District's four Proposition 218 Assessments. Proposition 218, which was approved by the voters in November 1996, amended Article 13 of the State Constitution, regulates the District's ability to impose, increase, and extend taxes, assessments, and fees. New, increased, or extended taxes, assessments, and fees are subject to the provisions of Proposition 218. This decision was upheld and broadly interpreted to include water rates and charges in the recent court decision of Bighorn-Desert View Water Agency vs. Virgil which states "an agency may not adopt a rate increase if written protests against the proposed fee or charge are presented by a majority" of the affected property owners. In addition, the District's ability to finance the services for which the taxes, assessments, and fees are imposed in the future may be impaired. However, management believes it will be able to maintain its current level of service due to slow development rate. The Court found that the District's Mallo Pass I Alternative Water Supply Assessment ended in 2009 when the Mallo Pass permit was rescinded. The entire fund was ordered by the Court to be refunded to all landowners in the District. The District is appealing the judgement, but anticipates returning the full funding. Total legal expenses paid out of the Mallo Pass I Alternative Water Supply Assessment of $80,810 that were not allowed by the court ruling were paid back out of operating cash. Continued Litigation In addition to the above, additional combined actions by the same plaintiff have been brought against the District for (1) inverse condemnation, (2) various allegations surrounding alleged violations of a 2002 settlement agreement and (3) deficiencies in the District' s share of road maintenance fees. On August 18, 2014, the trial for inverse condemnation was held and the District was found liable for $401,000 in damages. The District has appealed, and the Plaintiffs are currently seeking approximately $734,000 in attorney' s fees and costs. The District presently believes there is a good likelihood of prevailing on appeal. The third phase of this trial was completed in 2016. In this third phase of trial, Plaintiffs alleged the invalidity of certain of the District's assessments, seek damages for alleged road maintenance issues, and allege the District breached a 2002 Settlement Agreement between the parties. The trial resulted in an award of breach of contract against the District for $133,649. The Court also ordered various refunds of the District's Proposition 218 assessment funds totaling an amount greater than $2,000 in the aggregate. This judgement has also been appealed. To date the District has incurred over $695,000 in legal fees on these and other issues. Legal fees for the years ended September 30, 2022 and 2021 were $65,699 and $31,399, respectively. The ultimate outcome of this litigation cannot presently be determined. Judgements are being appealed. Accordingly, adjustments, if any, that might result from the resolution of these matters have not been reflected in these financial statements . 17 IRISH BEACH WATER DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2022 and 2021 NOTE 6 COVID-19 In March 2020, the World Health Organization declared the outbreak of the novel coronavirus, COVID- 19, a pandemic. The spread of COVID-19, and the resulting work and travel restrictions, have not negatively impacted the District from its primary business of supplying water to local residences and businesses within its jurisdiction. NOTE 7 SUBSEQUENT EVENTS Management has evaluated subsequent events through November 4, 2024, which is the date the financial statements were available to be issued. No material subsequent events have occurred since September 30, 2022 that would require recognition or disclosure in the financial statements. 18