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VCWD8 SOI Review 2023

Local Agency Formation Commissions · ventura-msr-2023-vcwd8-soi-review-2023 · Soi · 2023-01-01

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Agenda Item 16 VENTURA LOCAL AGENCY FORMATION COMMISSION STAFF REPORT Meeting Date: March 15, 2023 TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Sphere of Influence Review: LAFCo 23-04S Ventura County Waterworks District No. 8 Recommendations: A. Determine that the action to review the sphere of influence for Ventura County Waterworks District No. 8 (VCWD 8 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 23-04S (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 a Municipal Service Review (MSR) report on September 17, 2003, for the District, entitled Water and Wastewater Municipal Service Review Report, which addressed agencies within the Calleguas Creek Watershed. LAFCo’s past sphere of influence reviews resulted in 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 VCWD 8 provides water service to most of the Simi Valley area, as well as to the surrounding area. The District was formed in 1977 as a dependent district of the City of Simi Valley, following incorporation of the City in 1969. The District provides services through the City’s Public Works Department. A 5-member board of directors (i.e., the City Council of the City of Simi Valley) governs the District. The District’s sphere of influence covers approximately 32,429 acres (about 50.67 square miles), and its jurisdictional boundary largely aligns 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 following discussion includes a summary of Commission actions regarding sphere of influence reviews/updates pertaining to the District. 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 March 15, 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. On July 20, 2005, (in response to LAFCo’s September 17, 2003, MSR prepared for the District), the Commission updated the District’s sphere of influence, resulting in an increase to the sphere to include all areas served by the District and most areas located within the City of Simi Valley’s City Urban Restriction Boundary (CURB).1 1 Subject to the City’s Save Open Space and Agricultural Resources (SOAR) ordinance, the CURB establishes a boundary outside of which voter approval is generally required prior to the extension of City services or a change in general plan designation. Staff Report – Sphere of Influence Review LAFCo 23-04S – Ventura County Waterworks District No. 8 March 15, 2023 Page 2 of 5 On November 17, 2010, the Commission again updated the District’s sphere of influence, reducing it to exclude territory owned and operated by the Calleguas Municipal Water District (CMWD), which contains a surface water reservoir (i.e., Lake Bard) and water treatment facility. Although the CMWD facility is located within the City of Simi Valley’s sphere of influence and CURB, it receives domestic water service from the City of Thousand Oaks. The District’s sphere was updated to coincide with the District’s boundaries and the City of Simi Valley boundaries in this area. On March 18, 2015, the Commission updated the District’s sphere of influence, reducing it to exclude three areas that District staff indicated were not anticipated for development that would require public water service. The result was an updated sphere boundary that more closely aligned with the City of Simi Valley’s sphere of influence, rather than that of the City’s CURB, thereby providing a better indicator of the eventual growth patterns within this area. 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 consists of a range of uses, including urban development within the City of Simi Valley, as well as unincorporated very-low-density residential and open space land outside the City. Several residential development projects within the City are anticipated that are located within the District’s service area, and are expected to result in population growth of approximately 3,714. Based on the land use designations and characteristics of land outside the City, unincorporated 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 provides water service to most of the Simi Valley area, as well as to the surrounding area. The District’s sphere of influence consists of a range of uses, including urban development within the City of Simi Valley, as well as unincorporated very-low- density residential and open space land outside the City. The existing need for District services will remain, and additional demand for services is expected as a result of the implementation of several residential development projects that are anticipated to occur within the City. Staff Report – Sphere of Influence Review LAFCo 23-04S – Ventura County Waterworks District No. 8 March 15, 2023 Page 3 of 5 (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 provides water service to most of the Simi Valley area, as well as to the surrounding area. The District’s sphere of influence consists of a range of uses, including urban development within the City of Simi Valley, as well as unincorporated very-low- density residential and open space land outside the City. While additional residential development projects within the City are anticipated, based on the evaluation contained in the MSR considered by the Commission on March 15, 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 does not include territory that is known to be a community of interest. No disadvantaged unincorporated communities (defined in Government Code Section 56033.5 as communities having an annual median household income that is less than 80 percent of the statewide annual median household income), 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. (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. Additionally, no disadvantaged unincorporated communities are located within or contiguous to the District’s sphere of influence. 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 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. Staff Report – Sphere of Influence Review LAFCo 23-04S – Ventura County Waterworks District No. 8 March 15, 2023 Page 4 of 5 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 County Waterworks District No. 8 2. LAFCo 23-04S 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 23-04S – Ventura County Waterworks District No. 8 March 15, 2023 Page 5 of 5 County of Los Angeles LAFCo County of Ventura March 15, 2023 Item 16, Attachment 1 ·|þ} YO E 118 AVENIDA SIMI S E M LOS A NGELES R D ALAMO ST ·|þ} ALAMO STE I T A V E COCHRAN ST T 118 A R R C S V E G D O N Y A AT P O N LOS ANGELES AV NO P REJADA RD I R R E R D T A A R O TIER R M O ROYAL E M A O T AV C R S Y P A R K R D ·|þ} MADERA RD S T S ·|þ} R 27 23 I F RD OLSEN D R S E B R Legend E L E OS AV A E R N B ID O A LE D S E Sphere of Influence Boundary - 32429.23 acres District Boundary - 30321.54 acres Ventura County Waterworks District No. 8 / Current as of March 18, 2015 Prepared by County of Ventura - IT Services Department - GIS Services 0 4,000 8,000 16,000 State Plane Coordinate System California Zone V - NAD 27 Feet This map was compiled from records and computations 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 2015 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. LAFCo Resolution 23-04S March 15, 2023 Item 16, Attachme nt 2 LAFCO 23-04S RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND REVIEWING THE SPHERE OF INFLUENCE FOR VENTURA COUNTY WATERWORKS DISTRICT NO. 8 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 Ventura County Waterworks District No. 8 (District) in 2005, 2010, and 2015; WHEREAS, the Commission desires to review the sphere of influence for the District; and WHEREAS, no change in regulation, land use, or development will occur as a result of reviewing the sphere of influence for the District; 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 March 15, 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 March 15, 2023, and recommendations; and WHEREAS, the Commission accepted the Municipal Service Review (MSR) report for the District dated March 15, 2023. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Commission as follows: (1) The LAFCo Staff Report dated March 15, 2023, and recommended review of the sphere of influence for the District are adopted; and (2) The subject sphere of influence review is assigned the following distinctive short form designation: LAFCO 23-04S VENTURA COUNTY WATERWORKS DISTRICT NO. 8 SPHERE OF INFLUENCE REVIEW; and (3) An update (modification) to the sphere of influence for the District is not necessary; and (4) The sphere of influence review for the District is exempt from the California Environmental Quality Act (CEQA) pursuant to § 15061(b)(3) of the CEQA Guidelines, and LAFCo staff is directed to file a Notice of Exemption as the lead agency pursuant to § 15062 of the CEQA Guidelines; and (5) 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 District’s sphere of influence consists of a range of uses, including urban development within the City of Simi Valley, as well as unincorporated very-low- density residential and open space land outside the City. Several residential development projects within the City are anticipated that are located within the District’s service area, and are expected to result in population growth of approximately 3,714. Based on the land use designations and characteristics of land outside the City, unincorporated land uses are expected to remain unchanged. b. The present and probable need for public facilities and services in the area. (§ 56425(e)(2)) The District provides water service to most of the Simi Valley area, as well as to the surrounding area. The District’s sphere of influence consists of a range of uses, including urban development within the City of Simi Valley, as well as LAFCo 23-04S Ventura County Waterworks District No. 8 Sphere of Influence Review Resolution of Sphere of Influence Review March 15, 2023 Page 2 of 5 unincorporated very-low-density residential and open space land outside the City. The existing need for District services will remain, and additional demand for services is expected as a result of the implementation of several residential development projects that are anticipated to occur within the City. 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 District provides water service to most of the Simi Valley area, as well as to the surrounding area. The District’s sphere of influence consists of a range of uses, including urban development within the City of Simi Valley, as well as unincorporated very-low-density residential and open space land outside the City. While additional residential development projects within the City are anticipated, based on the evaluation contained in the MSR considered by the Commission on March 15, 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. 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)) The District’s sphere of influence does not include territory that is known to be a community of interest. No disadvantaged unincorporated communities (defined in Government Code Section 56033.5 as communities having an annual median household income that is less than 80 percent of the statewide annual median household income), are located within or contiguous to the District’s sphere of influence. 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)) LAFCo 23-04S Ventura County Waterworks District No. 8 Sphere of Influence Review Resolution of Sphere of Influence Review March 15, 2023 Page 3 of 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 or contiguous to the District’s sphere of influence. (6) The sphere of influence for the District is hereby reviewed and is generally depicted in Exhibit A, “Ventura County Waterworks District No. 8,” attached hereto; and (7) 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 District updated consistent with this action. LAFCo 23-04S Ventura County Waterworks District No. 8 Sphere of Influence Review Resolution of Sphere of Influence Review March 15, 2023 Page 4 of 5 County of Los Angeles LAFCo Resolution 23-04S County of Ventura March 15, 2023 Item 16, Exhibit A to Attachment 2 ·|þ} YO E 118 AVENIDA SIMI S E M LOS A NGELES R D ALAMO ST ·|þ} ALAMO STE I T A V E COCHRAN ST T 118 A R R C S V E G D O N Y A AT P O N LOS ANGELES AV NO P REJADA RD I R R E R D T A A R O TIER R M O ROYAL E M A O T AV C R S Y P A R K R D ·|þ} MADERA RD S T S ·|þ} R 27 23 I F RD OLSEN D R S E B R Legend E L E OS AV A E R N B ID O A LE D S E Sphere of Influence Boundary - 32429.23 acres District Boundary - 30321.54 acres Ventura County Waterworks District No. 8 / Current as of March 18, 2015 Prepared by County of Ventura - IT Services Department - GIS Services 0 4,000 8,000 16,000 State Plane Coordinate System California Zone V - NAD 27 Feet This map was compiled from records and computations 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 2015 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.