Ventura Regional Sanitation District SOI Review

Agenda Item 11 VENTURA LOCAL AGENCY FORMATION COMMISSION STAFF REPORT Meeting Date: May 17, 2023 TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Sphere of Influence Review: LAFCo 23-12S Ventura Regional Sanitation District Recommendations: A. Determine that the action to review the sphere of influence for Ventura Regional Sanitation District (VRSD or District) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. B. Adopt Resolution LAFCo 23-12S (Attachment 2) making determinations and reviewing the sphere of influence for the District pursuant to Government Code Section 56425(g), including that a sphere of influence update is not necessary. Background: Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.), the Commission was required to determine and adopt a sphere of influence (or “sphere”) for each city and special district on or before January 1, 2008. A sphere of influence is defined in Government Code Section 56076 as the probable physical boundary and service area of a local agency, as determined by the Commission. Every five years thereafter, the Commission must, as necessary, review and update each sphere of influence (Government Code Section 56425(g)). In compliance with Government Code Section 56425(g), the Commission accepted municipal service review (MSR) reports for the District, including the following: • Water and Wastewater Municipal Service Review Report (September 17, 2003) • Municipal Service Review – Solid Waste Services – Special Districts (January 19, 2005) LAFCo’s past sphere of influence reviews resulted in no modifications of (i.e., updates to) the sphere in 2005, 2010, and 2015. COMMISSIONERS AND STAFF COUNTY CITY DISTRICT PUBLIC Jeff Gorell Jenny Crosswhite, Vice-Chair Raul Avila Pat Richards, Chair Janice S. Parvin John C. Zaragoza Mary Anne Rooney Alternate Alternate Alternate Alternate Matt LaVere Susan Santangelo Mohammed A. Hasan David J. Ross Executive Officer Deputy Executive Officer Office Manager/Clerk Legal Counsel Kai Luoma Andrea Ozdy Richelle Beltran Jeffrey Barnes Discussion: District Information The VRSD was formed in 1970 and is a dependent district.1 The VRSD is authorized to acquire, construct, and operate sewage collection, treatment and disposal facilities; to acquire, construct, and operate refuse transfer and disposal facilities; perform wastewater and solid waste management; and provide retail and agricultural water services. The District’s primary activities relate to the operation of the Toland Road Landfill; however, it is also responsible for post-closure monitoring and maintenance of closed landfills within Ventura County, and support for water and wastewater system operation and maintenance of other organizations. A 9-member board of directors governs the District. The District’s sphere of influence covers approximately 1,083,759 acres (about 1,693 square miles), and its jurisdictional boundary is coterminous with its sphere (Attachment 1). Sphere of Influence Evaluation A sphere of influence update is defined in Section 4.1.2(b) of the Ventura LAFCo Commissioner’s Handbook as “a comprehensive review and modification of a sphere of influence that is not associated with a concurrent proposal for a change of organization or an out of agency service agreement.” Based on the work plan established by the Commission, review/update of the District’s sphere of influence was to be initiated during 2019. During 2019 and since that time, LAFCo staff consulted with District staff to discuss the sphere of influence, and to determine: (1) if the District has experienced any changes to its service needs or areas since LAFCo’s most recent evaluation of its sphere of influence, and (2) if the District staff anticipates any service changes that would warrant adjustment of the sphere boundaries. The Commission has made no changes to the VRSD’s sphere of influence as part of each of its previous sphere of influence reviews, which have occurred on May 18, 2005, March 17, 2010, and May 18, 2015. The existing sphere of influence boundary continues to reflect the District’s current and probable service area, and is justified based on the MSR report provided for the Commission’s consideration as part of Agenda Item 10 of the May 17, 2023, meeting. The MSR demonstrates that the District has the ability to provide services at acceptable levels. Therefore, no changes to the sphere of influence for the District are recommended. 1 According to Government Code Section 56032.5, a dependent district is defined (in pertinent part) as follows: "Dependent special district" or "dependent district" includes any special district that has a legislative body that consists, in whole or part, of ex officio members who are officers of a county or another local agency, or who are appointees of those officers, and who are not appointed to fixed terms. Staff Report – Sphere of Influence Review LAFCo 23-12S – Ventura Regional Sanitation District May 17, 2023 Page 2 of 5 Written Determinations Government Code Section 56425(e) requires that, in determining the sphere of influence of an agency, the Commission consider and prepare a written statement of its determinations with respect to each of the following: (1) The present and planned land uses in the area, including agricultural and open-space lands. (Section 56425(e)(1)) The District’s sphere of influence includes of a range of uses, including: (1) urban development within the cities of Camarillo, Fillmore, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, and Thousand Oaks, and (2) urban, rural, industrial, agricultural, and open space uses within the unincorporated areas of much of Ventura County. The population within the District’s sphere of influence and jurisdictional area was estimated to be approximately 686,500 in 2016, and is projected to reach 768,400 by 2045. Based on the land use designations and characteristics of the land contained within the District’s sphere, existing land uses are expected to remain unchanged. (2) The present and probable need for public facilities and services in the area. (Section 56425(e)(2)) The District’s primary activities relate to the operation of the Toland Road Landfill; however, it is also responsible for post-closure monitoring and maintenance of closed landfills within Ventura County, and support for water and wastewater system operation and maintenance of other organizations. The District’s sphere of influence includes of a range of uses, including: (1) urban development within the cities of Camarillo, Fillmore, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, and Thousand Oaks, and (2) urban, rural, industrial, agricultural, and open space uses within the unincorporated areas of much of Ventura County. The existing need for District services will remain, and additional demand for services is expected as a result of anticipated population growth within the District’s sphere of influence and jurisdictional area. (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (Section 56425(e)(3)) The District’s primary activities relate to the operation of the Toland Road Landfill; however, it is also responsible for post-closure monitoring and maintenance of closed landfills within Ventura County, and support for water and wastewater system operation and maintenance of other organizations. The District’s sphere of influence includes of a range of uses, including: (1) urban development within the cities of Camarillo, Fillmore, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, and Thousand Oaks, and (2) urban, rural, industrial, agricultural, and open space uses within the unincorporated areas of much of Ventura County. While population growth within the District’s sphere of influence and Staff Report – Sphere of Influence Review LAFCo 23-12S – Ventura Regional Sanitation District May 17, 2023 Page 3 of 5 jurisdictional area is anticipated, based on the evaluation contained in the MSR considered by the Commission on May 17, 2023, the District has the ability to continue to provide municipal services within its service area and sphere of influence, and additional demands would not adversely impact the present capacity of public facilities and adequacy of public services that the District 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. (Section 56425(e)(4)) The District’s sphere of influence includes the communities of Nyeland Acres, Piru, and Saticoy, which are known to be disadvantaged unincorporated communities. The Nyeland Acres community receives fire protection services from both the Ventura County Fire Protection District and the City of Oxnard under a mutual aid agreement, police protection services from the Ventura County Sheriff’s Office, wastewater collection services from Ventura County Service Area No. 30 (CSA 30), wastewater collection and treatment from the City of Oxnard (through an agreement between CSA 30 and the City whereby CSA 30 discharges to the City’s collection system), and water services from the Garden Acres Mutual Water Company and Nyeland Acres Mutual Water Company. The Piru community receives fire protection services from the Ventura County Fire Protection District, police protection services from the Ventura County Sheriff’s Office, wastewater collection and treatment services from Ventura County Waterworks District No. 16, and water services from the Warring Water Service, Inc., a mutual water company. The Saticoy community receives fire protection services primarily from the City of San Buenaventura (through a mutual aid agreement between the City and Ventura County Fire Protection District), police protection services from the Ventura County Sheriff’s Office, wastewater collection and treatment services from the Saticoy Sanitary District, and water services from the City of San Buenaventura). The sphere of influence review does not involve any changes to the District’s sphere, and would not result in a detrimental impact to any social or economic communities of interest. (5) For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers, municipal and industrial water, or structural fire protection. . . the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. (Section 56425(e)(5)) The review of the District’s sphere of influence is not considered an update (i.e., a modification) to the sphere; therefore, this determination does not apply. California Environmental Quality Act (CEQA) A project is defined in CEQA Section 21065, in part, as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change Staff Report – Sphere of Influence Review LAFCo 23-12S – Ventura Regional Sanitation District May 17, 2023 Page 4 of 5 in the environment.” Staff recommends that the Commission find that the review of the District’s sphere of influence is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No change in regulation, land use, or development will occur as a result of the recommended sphere of influence review. Notice of Public Hearing This matter has been noticed as a public hearing pursuant to Government Code Section 56427. Additionally, all affected agencies have been notified of the public hearing. Attachments: 1. Existing Sphere of Influence Map for Ventura Regional Sanitation District 2. LAFCo 23-12S Resolution LAFCo makes every effort to offer legible map files with the online and printed versions of our reports; however, occasionally the need to reduce oversize original maps and/or other technological/software factors can compromise readability. Original maps are available for viewing at the LAFCo office by request. 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