SOI Lake Berryessa Resort Improvement District 2007

LOCAL AGENCY FORMATION COMMISSION OF NAPA COUNTY LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT SPHERE OF INFLUENCE REVIEW Final Report December 2007 Prepared by: LAFCO of Napa County Committed to serving the citizens and government agencies of its jurisdiction by encouraging the preservation of agricultural lands and open-space and coordinating the efficient delivery of municipal services. Jack Gingles, Chair, City Member Brad Wagenknecht, Vice-Chair, County Member Bill Dodd, Commissioner, County Member J B u r l i i a a n n a J . I K nm el a ly n , , C C o o m m m m i i s s s s i i o o n n e e r r , , P C u it b y l i M c M em em be b r e r g e ncyFormation C o m A m Cindy Coffey, Alternate Commissioner, City Member al is c s Mark Luce, Alternate Commissioner, County Member o io L n Gregory Rodeno, Alternate Commissioner, Public Member Keene Simonds, Executive Officer Jackie Gong, Commission Counsel NapaCounty Kathy Mabry, Commission Secretary Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County This page has been left intentionally blank 1 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County INTRODUCTION Local Agency Formation Commissions Local Agency Formation Commissions (LAFCOs) were established in 1963 and are responsible for administering California Government Code §56000 et seq., which is now known as the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. LAFCOs are delegated regulatory and planning responsibilities to coordinate the orderly formation and development of local governmental agencies and services, preserve agricultural and open-space resources, and discourage urban sprawl. Duties include regulating governmental boundary changes through annexations or detachments, approving or disapproving city incorporations, and forming, consolidating, or dissolving special districts. LAFCOs are also responsible for conducting studies that address a range of service and governance issues to inform and direct regional planning activities and objectives. LAFCOs are located in all 58 counties in California. Spheres of Influence A principal planning responsibility for LAFCO is the determination of a sphere of influence (“sphere”) for each city and special district under its jurisdiction.1 California Government Code §56076 defines a sphere as “a plan for the probable physical boundaries and service area of a local agency, as determined by the commission.” LAFCO establishes, amends, and updates spheres to indicate to local agencies and property owners that, at some future date, a specific area will likely require the services provided by the affected agency. The sphere determination also indicates the agency LAFCO believes is best situated to serve the affected area. LAFCO is required to review each agency’s sphere by January 1, 2008 and every five years thereafter as needed. In establishing, amending, or updating a city or special district’s sphere, LAFCO is required to prepare written statements addressing four specific planning factors. These planning factors, which are enumerated under California Government Code §56425(e), are intended to capture the legislative intent of the sphere determination with regard to coordinating the logical and orderly development of each local agency. These planning factors are: • The present and planned land uses in the area, including agricultural and open-space lands. • The present and probable need for public facilities and services in the area. • The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. • The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. 1 LAFCOs have been required to determine spheres for cities and special districts since 1972. 2 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County In addition, when reviewing a sphere for a special district, LAFCO must also do the following: • Require the special district to file a written statement with the Commission specifying the functions or classes of services it provides. • Establish the nature, location, and extent of any functions or classes of services provided by the existing special district. Beginning in 2001, to help inform the sphere review process, LAFCO is responsible for preparing a municipal service review. A municipal service review is a comprehensive evaluation of the level and range of governmental services provided by a local agency or within a defined area. The municipal service review culminates in the preparation of written determinations addressing nine specific factors enumerated under California Government Code §56430(a). These factors range from infrastructure needs or deficiencies to local governance and accountability. The municipal service review is a prerequisite to updating an agency’s sphere and may also lead LAFCO to take other actions under its authority. Lake Berryessa Resort Improvement District Between 2004 and 2006, LAFCO of Napa County completed two countywide municipal service reviews on public water and sewer service providers. Both municipal service reviews included evaluations of the level and range of water and sewer services provided by the Lake Berryessa Resort Improvement District. The municipal service reviews culminated in the Commission adopting written determinations making statements on the adequacy of the District’s water and sewer services pursuant to California Government Code §56430. 2 The municipal service reviews are available for viewing at the LAFCO office. Drawing from the information collected as part of the municipal service reviews, this report represents the sphere review of the District as required under California Government Code §56425. The report considers whether changes to the sphere are warranted to coordinate the orderly development of the District in a manner that supports the provisions of California Government Code and the policies of the Commission. 2 LAFCO Resolutions 04-22 and 06-09. 3 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County OVERVIEW The Lake Berryessa Resort Improvement District (LBRID) was formed in 1965 to provide a range of governmental services to Berryessa Estates, a planned residential community located along Putah Creek in north Napa County. Initial development plans for Berryessa Estates included the construction of approximately 2,000 residential units. However, due to a variety of factors, development within Berryessa Estates has been primarily limited to the creation of a 351-lot subdivision referred to as “Unit Two.”3 In addition, a 1971 amendment to its principal act has limited LBRID to providing only sewer and water services. LBRID currently serves 171 single-family Lake Berryessa Resort Improvement District residences with an estimated resident population Date Formed 1965 of 439.4 LBRID is governed by the County of District Type: Dependent Napa Board of Supervisors. Supervisors are Public Resources Code elected by district voting and serve staggered Enabling Legislation §13000-13233 four-year terms. LBRID is located entirely within Sewer Services Provided the third supervisor district. Elections are based Water on a registered-voter system. At the direction of the Board, the County Public Works Department administers and operates LBRID’s sewer and water systems. In February 2007, LBRID approved a 5.2 million dollar bond measure to fund specific improvements to its sewer and water systems. The majority of the improvements involve the sewer system and are intended to bring LBRID into compliance with the requirements of the California Regional Water Quality Control Board. The bond measure is secured by a voter- approved assessment levying each benefiting parcel $15,442, which is scheduled to be collected in equal annual payments over the next 30 years. Sphere of Influence Establishment LBRID’s sphere was established by LAFCO in 1985. LAFCO designated the sphere to include only parcels in Unit Two of Berryessa Estates along with certain adjacent lands expected to be developed for residential or recreational uses over the next 10 years. There have been no amendments to the sphere since its establishment in 1985. Current Relationship to Jurisdictional Boundary LBRID’s sphere is approximately 225 acres in size and includes 345 unincorporated parcels. The sphere is substantially smaller than LBRID’s jurisdictional boundary, which is approximately 2,030 acres in size and includes 393 unincorporated parcels. 3 “Unit One” of Berryessa Estates comprises Stagecoach Canyon Road, which was constructed by LBRID and provides access to the community from Snell Canyon Road. 4 The population estimate has been calculated by LAFCO staff based on current number of LBRID water service connections (171) and multiplied by the average population per-household projection for Napa County (2.57) as determined by the California Department of Finance. 4 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County * A map depicting LBRID’s sphere and jurisdictional boundary is provided in Attachment One. Land Use Factors LBRID is under the land use authority of the County. The County designates land located within and adjacent to LBRID as Agriculture, Watershed and Open Space or Rural Residential. These land use designations require minimum parcel sizes of 160 and 10 acres, respectively.5 As mentioned, development within LBRID has been limited to Unit Two of Berryessa Estates. Markedly, only 171 of the 351 lots originally created in Unit Two have been developed. Lands outside and adjacent to LBRID are primarily undeveloped. * A map depicting County land use designations within and surrounding LBRID is provided in Attachment Two. * A map depicting current land uses within and surrounding LBRID is provided in Attachment Three. DISCUSSION Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, the objective of this report is to identify and evaluate areas that warrant consideration for inclusion or removal from LBRID’s sphere as part of a comprehensive review. Underlying this effort is to designate the sphere in a manner that promotes the orderly development of LBRID in a manner that supports the provisions of California Government Code and the policies of the Commission. As noted, a sphere is defined as “the probable physical boundaries and service area of a local agency, as determined by the commission.” Underscoring this definition is the tenet that the sphere coordinate the logical development of the agency while protecting agricultural and open-space resources and advantageously providing for the present and future needs of the community. The Commission’s “Policy Declarations” emphasizes its commitment to these concepts and includes a statement that a special district’s sphere shall reflect its existing and planned service facilities and exclude lands designated as agricultural or open-space to protect against premature urban development. The Policy Determinations also state that the Commission will use the County General Plan to determine agricultural and open-space designations. 5 The County zones all lands located within Unit Two of Berryessa Estates as Planned Development. This zoning assignment establishes standards to integrate residential, commercial, and common-space uses. All other lands within and surrounding LBRID are zoned by the County as Agriculture Watershed. This zoning assignment establishes standards to discourage urban development and protect existing agriculture, open-space, and natural uses. 5 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County California Government Code §56425 requires the Commission to review and update each local agency’s sphere by January 1, 2008 and every five years thereafter as needed. It has been the practice of this Commission to review and update each local agency’s sphere in a manner that emphasizes a probable five-year service area. ANALYSIS In establishing the sphere in 1985, LAFCO adopted a set of policies designating LBRID as an urban service provider and specified that future sphere expansions be limited to areas that are developed or planned for development at a “suburban density.” The Commission also specified that sphere expansions be limited to areas capable of receiving an adequate level of water and sewer services. Additionally, the Commission determined that LBRID should be reorganized into a community services district in order to provide a greater range of governmental services within its jurisdictional boundary. The analysis conducted as part of the earlier municipal service reviews identified the need for LBRID to make a number of immediate improvements to its aging sewer and water systems. The municipal service reviews also recognized LBRID’s limitations in generating revenues to operate and make timely improvements to its infrastructure due to the lack of development within Berryessa Estates. In particular, the lack of development in Berryessa Estates has created a confined customer base that diminishes the ability of LBRID to establish economies of scale with respect to spreading out service costs. Accordingly, the municipal service reviews determined the need for LAFCO to conduct a governance study to evaluate the options and merits of reorganizing or consolidating LBRID with other special districts serving the Lake Berryessa region. It is expected that LAFCO will initiate the governance study by April 2008. A review of LBRID’s current sphere indicates that changes may be appropriate to address, among other issues, the current discrepancy with its jurisdictional boundary. However, in the absence of completing the referenced governance study, any changes to LBRID’s existing sphere appear premature at this time. RECOMMENDATION It is recommended that the Commission affirm with no changes LBRID’s existing sphere. Pursuant to California Government Code §56425(e), the following statements have been prepared in support of the recommendation: 1. The present and planned land uses in the area (sphere), including agricultural and open-space lands. The present and future land uses in the area are planned for by the County of Napa as the affected land use authority. The County General Plan and associated zoning assignments provide for the current and future residential uses that characterize the majority of the area. 6 Lake Berryessa Resort Improvement District: Sphere of Influence Review LAFCO of Napa County 2. The present and probable need for public facilities and services in the area (sphere). The Lake Berryessa Resort Improvement District provides water and sewer services within the area. These services are needed to support existing and future residential uses and protect public health and safety in the area. 3. The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. The Lake Berryessa Resort Improvement District’s sewer and water systems are operating near or at capacity. Improvements are needed to help ensure the ability of the District to adequately meet current and future service demands. These services were comprehensively evaluated by LAFCO as part of recent municipal service reviews. 4. The existence of any social or economic communities of interest in the area (sphere) if the commission determines that they are relevant to the agency. The area includes the entire developed portion of Berryessa Estates. This community shares social and economic interdependences that are distinct from neighboring areas and enhanced by its relatively isolated location. Attachments: 1) Map: LBRID’s sphere and jurisdictional boundary 2) Map: County land use designations within and surrounding LBRID 3) Map: Current land uses within and surrounding LBRID 7 Lake Berryessa Resort Improvement District Berryessa Estates Unit One SnellValley Rd o n Rd ny StagecoachCa Berryessa Estates Unit Two P u ta h C reek Legend Lake Berryessa Resort Improvement District Lake Berryessa Resort Improvement District Sphere of Influence Not to Scale Lake County Lake November 19, 2007 Prepared by KS Yolo LBRID SnellValley Rd Sonoma B y na C stt u Solano 170 L 0 A S F e C co O n d o N f S t a N r p e a a e , t p , C a S A u C i 9 t o e 4 u 5 2 n 5 6 t 9 8 y R no (707) 259-8645 d Lake Berryessa Resort Improvement District Berryessa Estates Unit One SnellValley Rd o n Rd ny StagecoachCa Berryessa Estates Unit Two P u ta h C reek Legend Adopted Boundaries Lake Berryessa Resort Improvement District Lake Berryessa Resort Improvement District Sphere of Influence County of Napa Land Use Designations Agricultural Watershed and Open Space Rural Residential Not to Scale Lake County Lake November 19, 2007 Prepared by KS Yolo LBRID SnellValley Rd Sonoma B y na C stt u Solano 170 L 0 A S F e C co O n d o N f S t a N r p e a a e , t p , C a S A u C i 9 t o e 4 u 5 2 n 5 6 t 9 8 y R no (707) 259-8645 d