City of San Buenaventura SOI Review

Agenda Item 18 VENTURA LOCAL AGENCY FORMATION COMMISSION STAFF REPORT Meeting Date: July 19, 2023 TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Sphere of Influence Review: LAFCo 23-19S City of San Buenaventura Recommendation: Adopt Resolution LAFCo 23-19S (Attachment 2) making determinations and reviewing the sphere of influence for the City of San Buenaventura (City) pursuant to Government Code Section 56425(g), including that a sphere of influence update is not necessary. City Information: The City of San Buenaventura was incorporated on March 10, 1866, and is governed by a seven- member city council. The City provides a variety of municipal services, including animal services, building and safety services, community development/planning services, fire protection services, parks and recreation services, police services, solid waste collection and disposal services, storm drain maintenance services, street maintenance services, wastewater services, and water services. Services are provided directly, or by contract with other service providers. The City’s sphere of influence (land area portion) covers approximately 16,178 acres (about 25 square miles)1 and its jurisdictional area covers about 14,190 acres (Attachment 1). 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 1 The total sphere of influence area, including a portion of the Pacific Ocean reaching to the California state boundary, is approximately 22,615 acres (about 35 square miles). 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 147 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 City in 2007, 2012, and 2018. The City’s most recent MSR report, titled City of San Buenaventura Municipal Service Review, was accepted by the Commission on February 21, 2018. All of the MSRs conducted by LAFCo for the City are available on the LAFCo website. LAFCo’s past sphere of influence reviews for the City are summarized as follows: 1. On June 13, 2007 (based on LAFCo’s March 21, 2007, MSR prepared for the City and consideration of input provided by the City Council), the Commission updated the City’s sphere, adjusting it to: (1) exclude areas subject to the City’s Hillside Voter Participation Act (HVPA),2 (2) include land within the North Ventura Avenue area that is designated for industrial land uses, and (3) reflect minor mapping corrections to ensure that the sphere boundary is aligned with that of the City where previously imprecisely-drawn lines caused the lines to be slightly askew. 2. On January 16, 2013 (based on LAFCo’s November 14, 2012, MSR prepared for the City), the Commission updated the City’s sphere to remove several agricultural and railroad rights-of-way between the 101 Freeway and Channel Drive to correct a mapping error involving land that had historically been excluded from the sphere. 3. On February 21, 2018 (in conjunction with LAFCo’s February 21, 2018, MSR prepared for the City), LAFCo reviewed (but made no changes to) the City’s sphere of influence. Discussion: Sphere of Influence Evaluation Based on the work plan established by the Commission, an evaluation of the City’s sphere of influence is to be initiated in 2023. LAFCo staff consulted with City staff to discuss the City’s sphere of influence, and to determine: (1) if the City has experienced any changes to its service needs or areas since LAFCo’s most recent evaluation of its sphere of influence, and (2) if City staff anticipates any service changes that would warrant adjustment of the sphere boundaries. As explained in the analysis below, it appears that the existing sphere of influence boundary continues to reflect the City’s current and probable service area, consistent with the land use map contained within the City’s General Plan and the MSR report accepted by the Commission in 2018 (which demonstrates that the City has the ability to provide services at acceptable 2 The City’s HVPA ordinance provides that the City cannot extend services into the HVPA area without voter approval. Staff Report – Sphere of Influence Review LAFCo 23-19S – City of San Buenaventura July 19, 2023 Page 2 of 5 148 levels). Therefore, no changes to the sphere of influence for the City are recommended. The sphere of influence review involving no changes is not subject to the California Environmental Quality Act (CEQA) because it “will not result in a direct or reasonably foreseeable indirect physical change in the environment” (CEQA Guidelines Section 15060(c)(2)). 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 City’s sphere of influence includes residential, commercial, industrial, public, agricultural, and open space uses, as reflected on the land use map of the City’s General Plan. The City’s current sphere supports the present and planned land uses established by the City’s General Plan. The sphere includes two unincorporated islands.3 These islands consist of parcels that are developed with residential uses and a parcel that is anticipated to be developed in support of the City’s water treatment operations (i.e., “Ventura Water Pure”). The sphere also includes four unincorporated areas that are being used for agricultural purposes and are surrounded by territory within the City; however, these areas are not considered to be unincorporated islands pursuant to LAFCo law. Additionally, the City’s sphere of influence contains areas which are designated by the City’s General Plan for commercial, industrial, residential, public/institutional, and agricultural uses. Among these areas are the developed communities of North Ventura Avenue and Saticoy, within which development is respectively subject to the North Ventura Avenue Area Plan and the Saticoy Area Plan. Both area plans were adopted by the Ventura County Board of Supervisors, in coordination with the City. (2) The present and probable need for public facilities and services in the area. (Section 56425(e)(2)) The City provides a variety of public facilities and services within its service area, and there are no anticipated changes in the type of public facilities and services that it provides. Based on the land use designations and characteristics of the land contained within the City’s sphere, no changes to existing and planned land uses are expected. The U.S. Census Bureau estimated the City’s population in 2021 to be 109,925. According to the 2020-2045 3 For LAFCo purposes, an unincorporated island is: “Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city” (Government Code Section 56375(a)(4)(A)). Staff Report – Sphere of Influence Review LAFCo 23-19S – City of San Buenaventura July 19, 2023 Page 3 of 5 149 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), adopted by the Southern California Association of Governments in 2020, the City is anticipated to experience growth resulting in a population of 123,900 by 2045. Demand for public facilities and services is anticipated to increase as the City’s population grows. The City’s current sphere supports the present and probable need for public facilities and services. (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 City provides a range of public facilities and services in support of its population. Based on a review of City documents and consultation with City staff, it appears that, consistent with the evaluation provided in the MSR accepted by the Commission on February 21, 2018: (1) the City has the ability to continue to provide public facilities and services at existing levels within its service area and sphere of influence, and (2) additional demands on the City are not expected to adversely impact the present capacity of public services and adequacy of public services provided by the City. (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)) 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 Section 56033.5). According to Ventura LAFCo Commissioner’s Handbook Section 3.2.5, Ventura LAFCo has identified the Saticoy community (within the City of San Buenaventura’s sphere of influence to the east of the city) as a disadvantaged unincorporated community, and it is considered to be a community of interest. The Saticoy community has a median household income of $21,343. It receives fire protection services from the City under a mutual aid agreement with the 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. While the City provides municipal water service to the Saticoy community, its policies related to water provision in Saticoy are very limiting (essentially allowing only water meters that do not exceed ¾-inches in size), thereby stagnating opportunities for development (including redevelopment) within the community (City of San Buenaventura municipal code section 22.110.055). There is no such limitation on water service to properties within the unincorporated North Ventura Avenue community. Furthermore, the Saticoy Sanitary District continues to operate its treatment facility despite the issuance in 2013 of a cease-and-desist order by the California Regional Water Quality Control Board (RWQCB). Limited financial resources exacerbate the District’s inability to: (1) overcome issues related to intermittent effluent exceedances of total dissolved solids and sulfates in order to comply with RWQCB waste discharge requirements, and (2) realize replacement of Staff Report – Sphere of Influence Review LAFCo 23-19S – City of San Buenaventura July 19, 2023 Page 4 of 5 150 deficient sewer lateral lines that contribute to infiltration of the sewer system; therefore, the District remains out of compliance with RWQCB requirements. Given the Saticoy community’s proximity (i.e., contiguity) to the City and its sewer system, in accordance with the Commission’s determinations adopted as part of the Saticoy District MSR (accepted by LAFCo on February 16, 2022), and the City’s apparent sewer treatment capacity to accommodate the wastewater volume generated within the District’s service area, the City and District should continue to engage in discussion regarding annexation of the Saticoy community to the City prior to LAFCo’s next five-year sphere review anticipated to occur in 2028. (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 City’s sphere of influence is not considered an update (i.e., a modification) to the sphere. 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 the City of San Buenaventura 2. LAFCo 23-19S 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 23-19S – City of San Buenaventura July 19, 2023 Page 5 of 5 151 N V E N T U R A C UV V A U M M IN 33 G S R D UV 1 O LIV E A V TEL E R D GRAPH R UV 1 D 26 A U R RD O LI V E S T N V E N T FOOTHILL W E LLS N N R D UV K 33 S T IM W MAIN ST C E D A R UV 10 P 1 OLI ST ET S H S O E M A P W S A O R N D B A P L E V E O H M L A R A I B I O N S R T ST S M IL L S R N D M IL L S R D MA L R O K M ET AV S I T STAR UV D D A Y 1 R D V 2 A 6 LENTINE TE S L V IC T O R E IA A V GR S H IL L R R D A A P L H S T R O D T JO N EL S S E K B IM A T B P L A L L R L B H R D D R O I N S E TO R L D M R O N T D G O M E R Y A V NO D R P A T E R H T L IT B I A N V A G NK RD D S R AT IC O UV Y A V UV 118 B L R D UV 101 H N S O N D 232 R O SE AV OLIVASPARKDR OLIVAS PARK DR R CENTRAL AV L B V R O B WVINEYARDAV UV O S E A R 1 R Legend A H N S T N S 22 p , h 6 e 1 r 5 e .2 o 8 f t I o n t f a lu l e a n c c re e s Boundary P A T N H T (16,178.19 land area acres) E (6,437.09 water area acres) N O S R C S T C 20 it , y 6 2 B 7 o .2 u 7 n d to a t r a y l acres D R WDORISAV N ( ( 1 6 4 ,4 ,1 3 9 7 0 .0 .1 9 8 w l a a t n e d r a a r r e e a a a a c c r r e e s s ) ) D T O EA R L IS C A L V UB RD 2NDST S C S T COLONIARD CAMINODELSOL City of San Buenaventura / Current as of February 21, 2018 8,000 4,000 0 8,000 Prepared by County of Ventura - IT Services Department - GIS Division Feet State Plane Coordinat1e 5Sy2stem California Zone V - NAD 83 WARNING: The information contained hereon was created by the Ventura County Geographic Information System (GIS), Copyright 2018 County of Ventura. Design, maps, index and text of this map are copyrighted. This map was compiled from records and computations w no h t i c w h a i r s r a d n e t s t i h g e n e a d c c a u n r d a c o y p o e f r a th te is d i s n o fo le rm ly a fo ti r o n th , e a n c d o n n v o e n d i e e c n is c i e o n o f i n th v e o l C vi o n u g n a ty r i a s n k d o r f e e la co te n d o m co ic n t l r o a s c s t o en r t p it h ie y s s . i c T al h i e n j C ur o y u s n h ty o u d l o d es 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. LAFCO 23-19S RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND REVIEWING THE SPHERE OF INFLUENCE FOR THE CITY OF SAN BUENAVENTURA WHEREAS, Government Code § 56425 et seq. requires the Local Agency Formation Commission (LAFCo or Commission) to develop and determine the sphere of influence of each local governmental agency within the County; and WHEREAS, Government Code § 56425(g) requires that on or before January 1, 2008, and every five years thereafter, the Commission shall, as necessary, review and update the sphere of influence of each city and special district; and WHEREAS, the Commission updated the sphere of influence for the City of San Buenaventura (City) in 2007 and 2013, and reviewed the sphere in 2018; and WHEREAS, the Commission most recently accepted a Municipal Service Review report for the City on February 21, 2018; and WHEREAS, the Commission desires to review the sphere of influence for the City; and WHEREAS, no change in regulation, land use, or development will occur as a result of reviewing the sphere of influence for the City; and WHEREAS, at the times and in the manner required by law, the LAFCo Executive Officer gave notice of the consideration of this item by the Commission; and WHEREAS, the sphere of influence review item was duly considered at a public hearing on July 19, 2023, as specified in the notice of hearing; and WHEREAS, the Commission heard, discussed, and considered all oral and written testimony for and against the sphere of influence review including, but not limited to, the LAFCo Staff Report dated July 19, 2023, and recommendations. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Commission as follows: (1) The LAFCo Staff Report dated July 19, 2023, and recommended review of the sphere of influence for the City are adopted; and 153 (2) The subject sphere of influence review is assigned the following distinctive short form designation: LAFCO 23-19S CITY OF SAN BUENAVENTURA SPHERE OF INFLUENCE REVIEW; and (3) An update (modification) to the sphere of influence for the City is not necessary; and (4) The Commission has considered the criteria set forth in Government Code § 56425(e) and determines as follows: a. The present and planned land uses in the area, including agricultural and open- space lands. (§ 56425(e)(1)) The City’s sphere of influence includes residential, commercial, industrial, public, agricultural, and open space uses, as reflected on the land use map of the City’s General Plan. The City’s current sphere supports the present and planned land uses established by the City’s General Plan. The sphere includes two unincorporated islands.1 These islands consist of parcels that are developed with residential uses and a parcel that is anticipated to be developed in support of the City’s water treatment operations (i.e., “Ventura Water Pure”). The sphere also includes four unincorporated areas that are being used for agricultural purposes and are surrounded by territory within the City; however, these areas are not considered to be unincorporated islands pursuant to LAFCo law. Additionally, the City’s sphere of influence contains areas which are designated by the City’s General Plan for commercial, industrial, residential, public/institutional, and agricultural uses. Among these areas are the developed communities of North Ventura Avenue and Saticoy, within which development is respectively subject to the North Ventura Avenue Area Plan and the Saticoy Area Plan. Both area plans were adopted by the Ventura County Board of Supervisors, in coordination with the City. 1 For LAFCo purposes, an unincorporated island is: “Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city” (Government Code Section 56375(a)(4)(A)). LAFCo 23-19S City of San Buenaventura Sphere of Influence Review Resolution of Sphere of Influence Review July 19, 2023 Page 2 of 5 154 b. The present and probable need for public facilities and services in the area. (§ 56425(e)(2)) The City provides a variety of public facilities and services within its service area, and there are no anticipated changes in the type of public facilities and services that it provides. Based on the land use designations and characteristics of the land contained within the City’s sphere, no changes to existing and planned land uses are expected. The U.S. Census Bureau estimated the City’s population in 2021 to be 109,925. According to the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), adopted by the Southern California Association of Governments in 2020, the City is anticipated to experience growth resulting in a population of 123,900 by 2045. Demand for public facilities and services is anticipated to increase as the City’s population grows. The City’s current sphere supports the present and probable need for public facilities and services. c. The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. (§ 56425(e)(3)) The City provides a range of public facilities and services in support of its population. Based on a review of City documents and consultation with City staff, it appears that, consistent with the evaluation provided in the MSR accepted by the Commission on February 21, 2018: (1) the City has the ability to continue to provide public facilities and services at existing levels within its service area and sphere of influence, and (2) additional demands on the City are not expected to adversely impact the present capacity of public services and adequacy of public services provided by the City. d. 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 Section 56033.5). According to Ventura LAFCo Commissioner’s Handbook Section 3.2.5, Ventura LAFCo has LAFCo 23-19S City of San Buenaventura Sphere of Influence Review Resolution of Sphere of Influence Review July 19, 2023 Page 3 of 5 155 identified the Saticoy community (within the City of San Buenaventura’s sphere of influence to the east of the city) as a disadvantaged unincorporated community, and is considered to be a community of interest. The Saticoy community has a median household income of $21,343. It receives fire protection services from the City under a mutual aid agreement with the 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. While the City provides municipal water service to the Saticoy community, its policies related to water provision in Saticoy are very limiting (essentially allowing only water meters that do not exceed ¾-inches in size), thereby stagnating opportunities for development (including redevelopment) within the community (City of San Buenaventura municipal code section 22.110.055). There is no such limitation on water service to properties within the unincorporated North Ventura Avenue community. Furthermore, the Saticoy Sanitary District continues to operate its treatment facility despite the issuance in 2013 of a cease-and-desist order by the California Regional Water Quality Control Board (RWQCB). Limited financial resources exacerbate the District’s inability to: (1) overcome issues related to intermittent effluent exceedances of total dissolved solids and sulfates in order to comply with RWQCB waste discharge requirements, and (2) realize replacement of deficient sewer lateral lines that contribute to infiltration of the sewer system; therefore, the District remains out of compliance with RWQCB requirements. Given the Saticoy community’s proximity (i.e., contiguity) to the City and its sewer system, in accordance with the Commission’s determinations adopted as part of the Saticoy District MSR (accepted by LAFCo on February 16, 2022), and the City’s apparent sewer treatment capacity to accommodate the wastewater volume generated within the District’s service area, the City and District should continue to engage in discussion regarding annexation of the LAFCo 23-19S City of San Buenaventura Sphere of Influence Review Resolution of Sphere of Influence Review July 19, 2023 Page 4 of 5 156 Saticoy community to the City prior to LAFCo’s next five-year sphere review anticipated to occur in 2028. e. 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 City’s sphere of influence is not considered an update (i.e., a modification) to the sphere. (5) The sphere of influence for the City is hereby reviewed and is generally depicted in Exhibit A, “City of San Buenaventura,” attached hereto; and (6) LAFCo staff is directed to have the official Geographic Information System (GIS) sphere of influence data maintained for the Ventura LAFCo by the Ventura County Information Technology Services Department as the official sphere of influence record for the City updated consistent with this action. LAFCo 23-19S City of San Buenaventura Sphere of Influence Review Resolution of Sphere of Influence Review July 19, 2023 Page 5 of 5 157 N V E N T U R A C UV V A U M M IN 33 G S R D UV 1 O LIV E A V TEL E R D GRAPH R UV 1 D 26 A U R RD O LI V E S T N V E N T FOOTHILL W E LLS N N R D UV K 33 S T IM W MAIN ST C E D A R UV 10 P 1 OLI ST ET S H S O E M A P W S A O R N D B A P L E V E O H M L A R A I B I O N S R T ST S M IL L S R N D M IL L S R D MA L R O K M ET AV S I T STAR UV D D A Y 1 R D V 2 A 6 LENTINE TE S L V IC T O R E IA A V GR S H IL L R R D A A P L H S T R O D T JO N EL S S E K B IM A T B P L A L L R L B H R D D R O I N S E TO R L D M R O N T D G O M E R Y A V NO D R P A T E R H T L IT B I A N V A G NK RD D S R AT IC O UV Y A V UV 118 B L R D UV 101 H N S O N D 232 R O SE AV OLIVASPARKDR OLIVAS PARK DR R CENTRAL AV L B V R O B WVINEYARDAV UV O S E A R 1 R Legend A H N S T N S 22 p , h 6 e 1 r 5 e .2 o 8 f t I o n t f a lu l e a n c c re e s Boundary P A T N H T (16,178.19 land area acres) E (6,437.09 water area acres) N O S R C S T C 20 it , y 6 2 B 7 o .2 u 7 n d to a t r a y l acres D R WDORISAV N ( ( 1 6 4 ,4 ,1 3 9 7 0 .0 .1 9 8 w l a a t n e d r a a r r e e a a a a c c r r e e s s ) ) D T O EA R L IS C A L V UB RD 2NDST S C S T COLONIARD CAMINODELSOL City of San Buenaventura / Current as of February 21, 2018 8,000 4,000 0 8,000 Prepared by County of Ventura - IT Services Department - GIS Division Feet State Plane Coordinat1e 5Sy9stem California Zone V - NAD 83 WARNING: The information contained hereon was created by the Ventura County Geographic Information System (GIS), Copyright 2018 County of Ventura. Design, maps, index and text of this map are copyrighted. This map was compiled from records and computations w no h t i c w h a i r s r a d n e t s t i h g e n e a d c c a u n r d a c o y p o e f r a th te is d i s n o fo le rm ly a fo ti r o n th , e a n c d o n n v o e n d i e e c n is c i e o n o f i n th v e o l C vi o n u g n a ty r i a s n k d o r f e e la co te n d o m co ic n t l r o a s c s t o en r t p it h ie y s s . i c T al h i e n j C ur o y u s n h ty o u d l o d es 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.