SOI Review for Website VCWD 38

Agenda Item 19 VENTURA LOCAL AGENCY FORMATION COMMISSION STAFF REPORT Meeting Date: May 18, 2022 TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Sphere of Influence Review: LAFCo 22-19S Ventura County Waterworks District No. 38 Recommendations: A. Determine that the action to review the sphere of influence for Ventura County Waterworks District No. 38 (VCWD 38 or District) is exempt from the California Environmental Quality Act (CEQA) pursuant to § 15061(b)(3) of the CEQA Guidelines. B. Adopt Resolution LAFCo 22-19S (Attachment 2) making determinations and reviewing the sphere of influence for VCWD 38 pursuant to Government Code § 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 § 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 § 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 § 56425(g)). In compliance with Government Code § 56426.5(b),1 on May 18, 2016, the Commission accepted a Municipal Service Review (MSR) report for the District, entitled Ventura County Waterworks District No. 38 – Municipal Service Review, as part of the determination of a sphere of influence for the District following its formation in 2015. This is the first review of the District’s sphere since the sphere was adopted by the Commission. 1 Government Code § 56426.5(b) provides, in relevant part, “The commission shall determine the sphere of influence for any newly formed district within one year of the effective date of formation.” COMMISSIONERS AND STAFF COUNTY CITY DISTRICT PUBLIC Linda Parks Claudia Bill-de la Peña Elaine Freeman Pat Richards, Vice-Chair Carmen Ramirez, Chair Janice Parvin Mary Anne Rooney Alternate Alternate Alternate Alternate Matt LaVere John C. Zaragoza John R. (Jack) Curtis David J. Ross Executive Officer Deputy Executive Officer Office Manager/Clerk Legal Counsel Kai Luoma Andrea Ozdy Richelle Beltran Alberto Boada Discussion: District Information VCWD 38 is a dependent special district formed in 2015 that, through the Water and Sanitation Department of the Ventura County Public Works Agency, provides potable water service within and surrounding the unincorporated area of Lake Sherwood. VCWD 38’s sphere of influence covers approximately 2,048.5 acres (about 3.2 square miles), and its jurisdictional boundary is coterminous with its sphere of influence boundary (Attachment 1). The Ventura County Board of Supervisors is the governing body of the District. Current Sphere of Influence Review LAFCo staff consulted with the District’s general manager (i.e., the Director of the Water and Sanitation Department of the Ventura County Public Works Agency) to discuss the District’s 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 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 13 of the May 18, 2022, 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. Written Determinations Government Code § 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. (§ 56425(e)(1)) The District’s sphere of influence consists primarily of the unincorporated community of Lake Sherwood, and includes surrounding properties to the north, all within the unincorporated County area. Based on the land use designations and characteristics of land within the District’s sphere of influence, land uses within the District’s sphere are expected to remain unchanged. (2) The present and probable need for public facilities and services in the area. (§ 56425(e)(2)) The District’s sphere of influence consists primarily of the unincorporated community of Lake Sherwood, and includes surrounding properties to the north, all within the Staff Report – Sphere of Influence Review LAFCo 22-19S – Ventura County Waterworks District No. 38 May 18, 2022 Page 2 of 4 unincorporated County area. The existing need for District services will remain, and is not anticipated to change significantly. (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (§ 56425(e)(3)) The District’s sphere of influence consists primarily of the unincorporated community of Lake Sherwood, and includes surrounding properties to the north, all within the unincorporated County area. There are no expected new demands on the District that would adversely impact the present capacity of public facilities and adequacy of public services that the District provides or is authorized to provide. Based on the evaluation contained in the MSR prepared by LAFCo on May 18, 2022, the District has the ability to continue to provide municipal services within its service area and sphere of influence. (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. (§ 56425(e)(4)) A disadvantaged unincorporated community is defined as a community with an annual median household income that is less than 80 percent of the statewide annual median household income (Government Code § 56033.5). No disadvantaged unincorporated communities are located within or contiguous to the District’s sphere of influence. (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. (§ 56425(e)(5)) The review of the District’s sphere of influence is not considered an update (i.e., a modification) to the sphere. Additionally, no disadvantaged unincorporated communities are located within the District’s sphere of influence. Staff Report – Sphere of Influence Review LAFCo 22-19S – Ventura County Waterworks District No. 38 May 18, 2022 Page 3 of 4 California Environmental Quality Act (CEQA) A project is defined in CEQA § 21065, in part, as “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change 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 § 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. The draft resolution contains a finding that the proposed action is exempt from CEQA. Notice of Public Hearing This matter has been noticed as a public hearing pursuant to Government Code § 56427. Additionally, all affected agencies have been notified of the public hearing. Attachments: 1. Existing Sphere of Influence Map for VCWD 38 2. LAFCo 22-19S 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. Staff Report – Sphere of Influence Review LAFCo 22-19S – Ventura County Waterworks District No. 38 May 18, 2022 Page 4 of 4 POTRERO RD }þ 23 ECARLISLE RD CARLISLE RD WCARLISLERD }þ 23 County of Los Angeles YERBA BU ENARD Legend LITTLESYCA OM }þ Sphere of Influence Boundary - 2048R E.48 acres 23 C A N District Boundary - 2048.48 acres Y R D Ventura County Waterworks District No. 38 Current as of May 18, 2016 / Prepared by County of Ventura - IT Services Department - GIS Services State Plane Coordinate System California Zone V - NAD 27 This map was compiled from records and computations 0 1,250 2,500 5,000 Feet WARNING: The information contained hereon was created by the Ventura County Geographic Information System (GIS), which is designed and operated solely for the convenience of the County and related contract entities. The County does Copyright 2016 County of Ventura. Design, maps, index and text of this map are copyrighted. not warrant the accuracy of this information, and no decision involving a risk of economic loss or physical injury should It is unlawful to copy or reproduce, either in digital or paper form, any part thereof for personal use or resale. be made in reliance thereon.