Cordua I.d. Sphere Update 2012

JOHN BENOIT, EXECUTIVE OFFICER 526 C STREET Phone (530)749-5467 MARYSVILE, CA 95901 Fax (s30)740-4836 URL www.yubalafco.org Yuba Local Agency Formation Commission August 15,2012 TO: LAFCO Commissioners F'ROM: John Benoit, LAFCO Executive Officer SUBJICT: Sphere of Influence (SOI) for Cordua Irrigation District Attachments: l. Sphere Options Reporl - Section on Cordua Irrigation District 2. Resolution adopting the Sphere of Influence Update for Cordua Irrigation District 3. Notice of Exemption 1. LAF CO's Responsibilities : Government Code 556425 et seq. requires LAFCO to establish and maintain spheres of influence for all local agencies within its jurisdiction. A sphere of influence (SOI) is defined by statute as a "plan for the probable physical boundary and service area of a local gou".nrn"nt agency as determined by the commission" ($56076). Government Code $56425(9) requires that ,,on or before January 1,2008, and every five years thereafter, the commission shall, u, n""...ury review and update each sphere ofinfluence." Yuba LAFCO is required to conduct a Sphere of Influence update consistent with the policies and Procedures related to Spheres of Influence, adopted by Yuba LAFCO on July 11,200i . Sphere of Influence Policies adopted by Yuba LAFCO and an analysis regarding this Sphere of Influence Update are as follows: ,04.I GENERAL Government code S$ 56425 et seq. requires LAFCO to establish and maintain spheres of influence for all local agencies within its jurisdiction. A sphere of influence (sol) is defined by statute as a "plan for the probable physical boundary and seruice area of a local government agency as determined by the commission" ($56076). Every determination made by a commission shall be consistent with the spheres of influence of local agencies affected by that determination (g 56375.5). A sphere of influence is primarily a planning tool that will: 1. Serve as a master plan for the future organization of local governments within the County bv providing long range guidelines for the efncient provision of services to the public; 2. Discourage duplication of services by local governmental agencies; 3. Guide the Commission,s consideration of individual proposals for changes of organization; 4. Identifu the need for specific reorganization studies, and provide the basis for recommendations to particular agencies for government reorganizations; 5, LAFCO shall establish the nature, location, and extent of any functions or classes of service provided by existing districts as part of SOI update and service review processes ($56425, $56430). Note" The natule, location and extent of Cordua lruigation District's functions are included in the sphere options Report prepared by Burr ionsulting (accepted by Yuba LAFCo April t, 2009) See attachment #l 4.2 PERIODIC REVIEW AND MAINTENANCE The adequacy of each adopted SoI will be reviewed every 5 years following the initial sphere determination or initial review of an original sphere. At approximately 5-year intervals, a preliminary sphere evaluation will be conducted by LAFCo staff. The evaluation will include a recommendation by the Executive officer to either (l) proceed with a sphere update study or; (2) affirm an existing sphere. Each subject agency will be notified of the pending review of its SoI and will be requested to participate actively in any sphere update study deemed necessary by the Commission. Each agency will complete a SOI questionnaire relating to its services and plans. Failure to respond will be regarded as concurrence with the Executive Officer's recommendation. changes in land use, planning policy, demographics, demand for public services, or service capabilities may justifr the need to study and amend spheres of influence. The Commission is responsible for the cost of LAFCO initiated review and revision of spheres. LAFCO will seek cooperative cost sharing agreements with the agencies involved. LAFCO will receive requests for amendments to spheres at any time. If an agency, the County or other party requests a review, study and/or amendment of a sphere; LAFCO will undertake the review as required by statute. Where possible within the scope of its budget, LAFCO will assist a requesting agency with the costs associated with a sphere study in the initial review of an orlsinat sphere. Otherwise, fees to cover the actual costs associated with a sphere ..ii"* and amendment may be charged to the party requesting the review. Note: Yuba LAFCO is in the process of updating Spheres of Influence and has completed a Municipal Service Review and a Sphere of Influence Options report. 4.3 LIMITED SERVICE SPHERE OF'INF'LUENCE Tenitory proposed for inclusion within the SOI of a multi-service provider agency which is also contained within the boundary of another limited purpose district (providing some but not all of the services which may be needed),'may be included within the SOI of the multi-service agency and designated as a.limited- service sphere of influence area. Territory designated as limited service sphere may be considered for annexation to the multi-service agency, without concurrent detachment from the limited purpose district, wnen ttre following determinations are made by the Commission: a. No feasible or logical alternative arrangement exists for the provision of service in the territory proposed for inclusion within the SOL b' The existing multi-service agency is the most orderly and log-ical provider of some of the services which will be needed in the future: c. Existing services provided by the limited-purpose district are adequate, cost-effective and effi cient. d' Inclusion of the territory in the SOI is in the best interests of local government organization and structure in the area. Note. This policy is not applicable to this sphere of influence update. 4.4 CRITERIA F'OR REVIEW OF SPHERE OF' INF'LUENCE AMENDMBNTS In determining the sphere of influence for each local agency, the commission shall prepare a written statement of determinations with respect to each of the following: a. The present and the planned land uses in the area, including agricultural and open-space lands. b. The present and probable need for public facilities and services in the area. c. The present capacity of public facilities and adequacy of public services which the agency 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. ,. Note: a fifth determination is now required (ffictive July I, 2012) this determination was not included in the sphere options Repbrt althou"gh not required in the case of the cordua lrrigation District 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, that occurs pursuant to subdivision (g) on or after July 1 ,2012, the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence. (note "e" above is not applicable in this sphere since the cordua lrrigation District does not provide municipal and industrial water and therefore no determinations are included section 4 below.) Before making these determinations, the Commission will review the followins: i.) The service capacity,levels and types of services currently provided by the agency and the areas where these services are provided, topographic factors, financial capabilities, costs of service, and social and economic interdependencies; Note: This is addressed in the MSR ii.) es, land use plans and policies; city general plans; projected growth ntial effects on agricultural and open space lands; Note : The Yuba county General plan adopted in 20r l provides for planned future land uses consistent with land use designations and the policies contained in the adopted Counry General Plan, as updated. iii.) A description of the services that will be provided to any areas which may be added to the sphere and the timing and method for funding expansion of facilities or seryices to those areas. Note. cordua lrrigation District provides retail water delivery for agricultural i*igation. services provided by the Distriit qppear to be adequate. The District has sfficient revenues to provide maintenance of the ditches, canal and /ish screen. iv.) An analysis of the effects of a proposed sphere of influence on other agencies and their service capabilities. Note' The proposed sphere of Infruence for cordua l*igation District will resolve an overlap of service boundary-areas Browns Valley lrrigation District e. A substantial SOI amendment is an amendment that causes the SOI to be internally inconsistent, is inconsistent with provisions of the cKH Act, has the potential to cause significant adverse social, economic, environmental, or other consequences, or has substantial adverse regional planning implication. Substantial SOI amendments shall not be processed until service ..ui"*. u." completed ($56430) and the subject sol is updated consistently with g56425. Note: N/A f. A substantial SoI amendment may be processed concunently with a service review and incorporated into a SoI update. However, LAFCO will make service review determinations prior to considering a substantial SOI amendment ($s642s, $s6430). Note: N/A g. A review of a municipal services pertaining to a subject sol will be prepared prior to, or in conjunction with, each SoI update ($56430) or substantial amendment unless the commission determines that a prior service review remains adequate. Note: The review of Municipal services has been completedfor this update. h' when determining which local agency should provide services, considerable weight will be given to an agency,s ability und willingness to provide services. when more than one agency can serve an area, Lapco shall also consider the conclusion of service reviews, each agency,s service capacity, financial capabilities and costs to provide service. sociat and economic interdependencies, topographic, historic and environmental factors, input from affected communities and agencies, and pertinent LAFCO policies shall also be considered (956668, 956430), Note: This has been completed as part of the MSMsphere options process. i. LAFCO shall prioritize pending or anticipated SOI actions and related services review, and consider preliminary work plans as part of its annual work plan and budget hearing processes, although the commis.ion -uy consider SoI proposals whether or not they are reflected in the budget. The Commission may also initiate related service reviews. The Commission may also need to review or approve final SoI work plans and other processing recommendations. Note: This policy is not applicable to this update j Agencies will be asked to participate in an SoI scoping session and complete SOl/service review questionnaires relating to their services and plans. Agencies will be required to complete and submit questionnaires within 90 days. Failure to respond within 90 days will be regarded u, with Executive Officer recommendations. "on.uo.nce Note: This has been completed as part of the MSR/SOI process k' LAFCO shall hear and consider the SOI, and related service reviews if any, at a noticed public hearing, Note: A public hearing is scheduledfor August 15, 2012. t OTHER RELATED POLICIES a. LAFCO will make every attempt to establish Spheres of Influence acceptable to affected agencies, properly owners, and other stakeholders but ultimately, LAFCO is the final determinant of a Sphere of Influence. i, Inclusion within an agency's sphere of influence does not ensure annexation to that agency. Note" Establishment of a Sphere Update for Cordua lrrigation District will not ensule any additional annexations. ii. In order to encourage orderly groMh of urban areas, the commission promotes infill development of incorporated vacant lands located adjacent to already developed areas. Note: N/A iii. Developed lands which benefit from municipal services and are contiguous to a city boundary should be annexed tb the city that provides service. Note: N/A iv' Spheres of influence for cities and districts should respect the long-term preservation and protection of the county's agricultural and open space resources when not in conflict with policy 4,5.3. Note: The area proposed for the sol may be prime Agricultural land according to LAFCo's definition included in Government Code section 56064. A sol update including areas served and agricultural areas, therefore will not result in any impacts upon agricultuial lands. In faci, Provision of irrigation water will enhance agricultural productivity. Note: N/A 3. California Environmental euality Act: This action is Exempt from the California Environmental Quality Act pursuant to Section 15320 of the CEQA Guidelines (Class 20) as this Sphere of Influence-Updaie would not result in any change in services provided since the only chr ge occurring *outa ultimately be the service -Cordua provider not the service (territory would be removed from the Irrigation bistrtict SOI and placed into the SOI for the BVID, which LAFCo approved in late 2010) A;d 15061 b(3) whereby this activity is covered by the general rule that CEqa applies only to projects wnicn have the potential for causing a significant effect on the environment. Since this"Sphere of Influence Update is only affirming an existing function (water services) into an existing or slightly amended Sphere of Influence, there is no possibility that this activity may have a sig-ninc# eifect on the environment since the services are already provided and no-conditions havJchanged nor could be changed as a result ofestablishment ofan updated Sphere oflnfluence. , 4, Sphere of Influence Update -Cordua Irrigation District: Background: The Cordua Iffigation District (CID) provides retail water delivery for agricultural irrigation. Existing Bounds and SOI The boundaries of CID extend from Woodruff Lane and SR 20 in the south to Ramirez Road in the north, and west from the vicinity of Lincoln Road to just west of the Western pacific Railroad. The District has a boundary arcaof approximately lg square miles. An annexable SoI for CID was adopted in 1988. The SOI is generally consistent with the District boundary, but also includes three parcels outside of the boundary in the east of the District, There have been no amendments to the sol since its adoption Service Area The District provides service within its bounds and to approximately three parcels (approximately 420 acres) outside of bounds, of those three parcels, a1l are within the l)istrict,s adopted Soi. The Dishict is not providing service to 266 acres of orchards in the northwest portion of the District, where groundwater is used for micro-irrisation. 4.1 SOI Determinations for Present and planned Land Use: The land within the Disttict is largely agdcultural with lots of 80 acres. Business activities ate farmingprima'ly of rice and secondarily prunes. Futute land uses ate not anticipated to change with the County's General pian update' Thete are presently no planned or proposed developments within the District's boundades. 4.2 SOI Determinations for Present and Probable Need for Public Facilities and Services The District estimated that there were approxirnately S0landowners in the District as of 2008. There werc 257 residents in the District, aicording to 2000 Census data and GIS analysis. There has been no growth or change in service dernand within the Disftict in recent years. The area is largely zoned for B0-acre parcels, which limits development. Thete are no planned or proposed developments within the District's boundarles. 4.3 SOI Determinations for Present Capacity of Public Facilities and Adequacy of Public Service CID presently has the capacity to serve the entirety of its bounds; although, the District identified an apptoximately 1,53-acte ^te lo the south that is re-ceiving irrigation water from drainage ditches an 1 could possibly be better served by HIC.r No infrastructure needs or deficiencies were identified. Services provided by the District appear to be adequate. The District has sufficient revenues to provide for maintenance of the ditches, canal and fish screen. The District is only one of two irigation districts in the County that performs constituent outreach efforts 4.4 SOI Determinations for Existence of Any Social or Economic Communities of Interest Comrnunities of interest within the District's bounds include the community of Prairie. ' I-IIC did not express a desite to selve the 153-acre area, so the recommendation is for the SOI to include the affected area. 5. RECOMMENDATION: It is tecommended that LAFCO adopt an SOI fot the Cordua Inigation District, which includes the t}ree ateas (arcas A, B and C) outside of Disttict bounds that the District is cutently serving, and excludes area E which is presently sewed by BVID (SOI option #1). 6 z '6tr 6+r+ cv U a i:r.--0c z z z e N ':9= l-*u ns Xl - ^o- .TbL,V^Y^f,Pu) rx;sE v) o c iQ!a'uEPbfSfhiqg€EHrfi! X,?.xy$o.9;tF€ V\JLU Uo U u hni vl-tF\)9 4 - | { )\ : z z z UU { ( i [\ u 0 "9 U o. z o z z o) o o 5 c z il o rts N =G o L q) F o. @ I z o r:l L .o o I.o'"9 c "9 (U o) L \ L o 5 E L u U o z z C) N U z N 60 c; z z lt CoRDUA IRRIGAT,IoN DISTRICT Conoue IRRIGATIoN DISTRICT The Cordua Irdgation District (CID) ptovides retail water delivery for agricultural irrigauon. ExTSTING BoUNDS AND SoI The boundaries of CID extend from \X/ood ruff Lane and SR 20 in the south to Ramirez Road in the north, and west from the vicinity of Lincoln Road to just west of the \Western pacific Raiload. The District has a boundary arc^ of approxmatery 1B square rniles. An annexable SoI for.CID was adopted in 1988. The SoI is generally consistent with the !1stnc1 boundary, but also includes three parcels outside of the boundlry in the east of the District. There have been no amendments to the sol since its adootion, Service Area i three parcels ^pproximately els, all are within the District,s of orchards in the northwest Sn. Planning Area CID does not conduct formal planning efforts and has not defined its planning area. Ovedapoing Providers While the Disttict ovetlaps boundaries with several other serrice providers, only Browns Valley vID) offers dupJicate irrigation services within cID,s boundaries. The two _ovedap ln four parcels east of Rue Dominique, in the vicinity of the Rica Road and Roosters Roost, consisting of appioximately 310 acres (shown in Figure 3-7 by areas_E rn! f). Presently, only CID is proviling services there. Adjacent to this atea, the existing SOI for CID ovedaps the boundaries of BVID in a 100-acre atea that CID is presently serving (area B). In addition, CID reported that it provides irrigauon services outside of its bounds but within its exisung SoI to approximately 66 actes in the Hallwood Irrigauon Company (HIC) servi ce are located immediately north of the intersection of Spring Valley Road and Sn 20 (area C). AceNCY PnoposAL CID did not submit an SoI proposal for LAFCo's consideration; howevet, the District identified an approximately 1'53-acre area to the south within CID's bounds (area D) that is teceiving recycled irrigation water from drainage ditches and could possibly be better ,.rrr"d by HIC. HIC indicated that it is not presently interested in servrng this area. BYBURR CONSULTING 29 SpTTBnB oF INFLUENCE OPTIONS: YUBA COUN,I'Y SOI OPTIoNS Two SOI options were identified for CID. areaF from BVID, and the eventual annexadon of areas A, B and c to cID. Option #2: Retain Existing SOI Retaining the existing SoI would signify that LAFCo does not anticipate any annexations or detachments from CID in the foreseeable future, SOI ANILYSIS Area A is within CID's existing SoI and outside of an irrigau.on provider's boundaries. CID,s distribution canal flows just south of the parcel, and the District upprirc to be the optimal provider to the parcel. Areas B and F are within the District's .xistin[ SOI, but also inside BVID,s boundaries, CID's canal flows adjacent to the parcels in question, and BVID recognized that CID would be better posi . t a i . o T n so e d to serve the arca, CID and BVID bounds overlap in arcaE, which is presendy served by BVID. BVID was identified as the optimal service pro-rid.r to this area, because a ditch running along the southern border of the parcel prevents CID from serving it. Area C is presendy sewed by CID, but lies within HIC's service arca. HIC indicated that CID should continue service to the area. CID identifi ed arca D as possibly better served by HIC, however, HIC indicated that it is not ptesently interested in serving lhjs arca.r, As the District ptovides only irrigation services, and is presently providing services to the areas in question, both options are not considered growth- induclng. Both options-appear to be exempt ftom CEQA, and could be processed as SOI updates. Recommendation It is recommended that LAFCO adopt an SOI for CID which includes the three areas (arcas A, B and C) outside of District bounds that the Disttict is currently serving, and excludes area E which is presently served by BVID (SOI option #1). - HIC is not under the jurisdiction of LAFCo. HIC may be compelled to provide service to areas that it is not cutently serving through contract tetms with YCWA; however, I{IC indicated that ii is not interested in serving yeaD al this time, which is within CID's boundaries. 30 PREPARED FoR YUBA I-AFCO o c o tt oCL o o c o = rl- € rt o o L o e ct o) rl #rl ol LI ao-ll of ql I ot fGll I cDl LI LL -l GI 5l !rl oLll ol N (9I ci) lJ. SpT.TBRB oF INFLUENcE opTIoNS: YUBA COUNTY Dn,rrt SOI DETERMTNATToNs Present and Planned Land Uses The land within the District is largely agricultural with lots of B0 acres. Business actrvities are farrningprimarily of rice and secondadly prun.s. Future land uses are not anticipated to change with the County's General plan update. There are presently no planned or proposed developments within the District,s boundaries. The District estimated that thete were approximately B0 landowners in the Disttict as of 2008, There were 257 residents in the District, accorting to 2000 Census data and.GIS analysis, area T i h s e r la e tg ha e s ly b e zo en n e n d o f^ogtro B rl O th - a o c r t e c h p a a n r g ce e ls in , w se h r i v c i h ce l i d m em rts a n d d e w ve it l h o i p n m th e e n t D , is T t h ri e c r t e i n tec n e o nt p y l e a a n r n s e , d T h o e r proposed developments within the District,s boundaries. ^re CID presendy has the capacity to serve the entirety identified an approxjmately 1,53-acte ateato the south that is ditches and could possibly be better served by HIC.ra No i identified. Services provided by the District appear to be adequate, The District has sufficient Ievenues to provide for maintenance of the ditches, canal and fish s.reen, The District is only one of two irrigation districts in the count'J thatperforms constituent outreach efforts. Communities of interest within the District's bounds include the community of praide, 'a FIIC did flot express a desire to serve the 153-acre area, so the recommendation is for the SoI to include the affected area 3Z PREPARED FORYUBALAFCO BEFORE THE YUBA LOCAL AGENCY FORMATION IN THE COUNTY OF YUBA STATE OF CALIF'ORNIA IN RE: A RESOLUTION UPDATING THE ) SPHBRI OF INFLUENCE ) F'OR THE CORDUA IRRIGATION DISTRICT ) YUBA COUNTY, CALIFORNIA ) LAFCO No.2011-0005 RESOLUTION NO. 2OI2- WHEREAS, Government Code Section 56425 requires each Local Agency Formation Commission to adopt and periodically review and update a sphere of influence for each local governmental agency within its jurisdiction; and WHEREAS, the Yuba Local Agency Formation Commission, in compliance with the aforementioned requirement, is providin g a"plan for the probable physical boundaries and service area,, forthe Cordua hrigation District; and WHERBAS, the Commission has set the hearing date of August 15,2012, for the update of the sphere of influence for the cordua Irrigation District and has noticed this hearing at the iimes and as otherwise prescribed by Government Code Section 56150, et seq.; and WHEREAS, the Commission has heard and adopted a Municipal Services Review of services provided by the cordua Irrigation District in accordance with Gov, code section 56430; and WHEREAS, the Commission has reviewed and considered the proposed Sphere of Influence update report and the proposed Sphere of Influence Update Maps, which are attached hereto und in"o.porated herein; and e d a notice of ice levels growth to be lrrigation ritory into the be bener thos ed b be relevant to the proposed sphere to, ted Government Code Slction 56425, et and es amendment and/or revision of the Now' THEREFORE, BE rT RESOLVED that the Yuba Local Agency Formation Commission does hereby find and determine as follows: 1' -. That the proposed sphere of influence update with respect to the cordua Inigation District complies with the provisions of Government code Section 56000, et seq. ? - That no significant protests have been received regarding the establishment of this Sphere of lnfluence update. 3 That, pursuant to Government Code Section 56425, the Commission makes and adopts those determinations set forth in the Sphere of Influence Study are attachedhereto and incorforated herein. 4' The Commission has reviewed and adopts a Notice of Exemption prepared for this Sphere of Influence update and makes a specific finding that there is no substantial evidence in light of the whole record before Yuba Local Agency Formation Commission that this Sphere Update for the Cordua Irigation Dishict may have a significant adverse effect on the environm"nt ,in"" ihe only change to the SOI would ultimately be the service provider, not the service. 5' to Purs i u n an ig t atio Section 56425 (i) the Cordua Irigation District may provide agricultural LAFCO stated in the Irrigation District Law shall be considered latent powers and quired. of 9: - That the Sphere of Exemption for this Sphere of Influence Update, Executive officer dua Inigation District updut"a Sphere are hereby adopted and approve PASSED AND ADOPTED at a special meeting of the yuba Local Agency Formation Commission. Countv of Yuba, State of California, on the l5th day of August 15,ZOIZ by the followine vote: AYES: NOES: ABSTAINS: ABSENT: MARY JANE GRIEGO, CHAIR YUBA LOCAL AGENCY FORMATION COMMISSION ATTEST: JOHN BENOIT EXECUTIVE OFFICER APPROVED AS TO FORM: MICHAEL COLANTUONO LAFCO COLINSEL NOTICE OF EXEMPTION TO: County Clerk County of yuba 915 8'n Street Marysville, CA 95901 FROM: LAFCO of yuba County ( 526 C Street Marysville, CA 95901 PROJECT TITLE: Sphere of Influence Update: Cordua lrrigation District PROJECT LOCATION: Yuba County DESCRIPTION OF PROJECT: The proposed project involves the determination of sphere of Influence for cordua Irrigation District in Yuba County NAME OF PUBLIC AGENCY APPROVING PROJECT: Yuba Local Agency Formation Commission NAME OF'PERSON OR AGENCY CARRYING OUT THE PROJECT: Yuba Local Agency Formation Commission EXEMPT STATUS: c]rys 20 categorical Exemption, "changes inorganization of Local Agencies,,,cEeA Guidelines Section 15320, changes itorganization of Local AgenciJs and l506lb t:jcenerar Rule Exemption. REASONS WHY THIS PROJECT IS EXEMPT: This action is Exempt from the california Environmental Quality Act pursuant to Section 15320 of the ion services) ity may have ons have cha CONTACT PERSON: TELEPHONE NUMBER: John Benoit (s30) 749_s467 LAFCO Executive Officer By: Date: August l1,20l2