AGENDA - California · 10/17/2007 · Memorial District MSR, including determinations adopted by...

COMMISSIONERS AND STAFF

COUNTY: CITY: SPECIAL DISTRICT: PUBLIC:

Linda Parks Don Waunch Ted Grandsen Kenneth M. Hess, Chair Kathy Long John Zaragoza, Vice Chair George Lange Alternate: Alternate: Alternate: Alternate:

Steve Bennett Janice Parvin Bill Lotts Louis Cunningham EXECUTIVE OFFICER: DEPUTY EXEC OFFICER: OFFICE MGR/CLERK: LEGAL COUNSEL:

Everett Millais Kim Uhlich Debbie Schubert Leroy Smith

AGENDA

VENTURA LOCAL AGENCY FORMATION COMMISSION Hall of Administration, Board of Supervisors’ Hearing Room

800 S. Victoria Avenue, Ventura, CA 9:00 A.M. Wednesday, October 17, 2007

1. Call to Order 2. Pledge of Allegiance 3. Roll Call ANNOUNCEMENTS 4. Commission Presentations and Announcements For members of the public who wish to speak on any agenda item, please complete and submit a speaker card to the Clerk prior to the time the item is taken up for consideration. COMMENTS FROM THE PUBLIC 5. Public Comment

This is an opportunity for members of the public to speak on items not on the agenda. (The Ventura Local Agency Formation Commission encourages all interested parties to speak on any issue on this agenda in which they have an interest, or on any matter subject to LAFCO jurisdiction. It is the desire of LAFCO that its business be conducted in an orderly and efficient manner. All speakers are requested to fill out a Speakers Card and submit it to the Clerk before the item is taken up for consideration. All speakers are requested to present their information to LAFCO as succinctly as possible. Members of the public making presentations, including oral and visual presentations, may not exceed five minutes unless otherwise increased or decreased by the Chair, with the concurrence of the Commission, based on the complexity of the item and/or the number of persons wishing to speak. Speakers are encouraged to refrain from restating previous testimony).

VENTURA LAFCO AGENDA October 17, 2007 of 3

CONSENT ITEMS 6. Minutes of the Ventura LAFCO September 19, 2007 regular meeting 7. Professional Services Agreement for Audit Services – Moreland & Associates,

Inc. RECOMMENDED ACTION: APPROVAL (Items 6 & 7) PUBLIC HEARING ITEMS 8. Fillmore-Piru Memorial District Municipal Service Review Report (MSR) and

Sphere of Influence Review and Update (continued from September 19) A. Accept the Fillmore-Piru Memorial District Municipal Service Review report,

with corrections and additions accepted at the public hearing, authorize the Executive Officer to make other minor, non-substantive changes, and direct staff to prepare and distribute a final Municipal Service Review: Fillmore-Piru Memorial District MSR, including determinations adopted by the Commission.

B. Adopt a resolution making findings that the actions are exempt from CEQA. C. Review the Sphere of Influence for the Fillmore-Piru Memorial District and

determine that no update is necessary and receive and file the staff report. RECOMMENDED ACTION: APPROVAL (A, B & C)

9. Commissioner’s Handbook Update -Part 1 A. Adopt a resolution amending and restating By-Laws B. Adopt a resolution amending portions of Divisions 1,2,3 and 5 of the

Commissioner’s Handbook RECOMMENDED ACTION: APPROVAL (A & B) ACTION ITEMS 10. LAFCO 07-06 City of Ventura Reorganization - Willett To annex one (1) parcel, approx. 27.30 acres, to the City of San Buenaventura and

to detach the same area from the Ventura County Fire Protection District and the Ventura County Resource Conservation District for the purpose of providing city services. The parcel is addressed as 2686 North Ventura Avenue, Ventura.

RECOMMENDED ACTION: APPROVAL 11. 2008 LAFCO Meeting calendar

Adopt a meeting calendar for 2008 RECOMMENDED ACTION: APPROVAL

VENTURA LAFCO AGENDA October 17, 2007

of 3

EXECUTIVE OFFICER’S REPORT

A. Ventura Port District Municipal Service Report – Public Draft B. Legislative Report C. Last Regular LAFCO Meeting of 2007, November 21, 2007

COMMISSIONERS’ COMMENTS ADJOURNMENT

Americans with Disabilities Act - In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the LAFCO office (805) 654-2576. Notification 48 hours prior to the meeting will enable LAFCO to make reasonable arrangements to ensure accessibility to this meeting. Disclosure of Campaign Contributions - LAFCO Commissioners are disqualified and are not able to participate in any proceeding involving an "entitlement for use" if, within the 12 months preceding the LAFCO decision, the Commissioner received more than $250 in campaign contributions from the applicant, an agency of the applicant, or any financially interested person who actively supports or opposes the LAFCO decision on the matter. Applicants or agents of applicants who have made campaign contributions totaling more than $250 to any LAFCO Commissioner in the past 12 months are required to disclose that fact for the official record of the proceeding. Disclosures must include the amount of the contribution and the recipient Commissioner and may be made either in writing to the Clerk of the Commission prior to the hearing or by an oral declaration at the time of the hearing. The foregoing requirements are set forth in the Political Reform Act of 1974, specifically Government Code, section 84308.



Linda Parks Don Waunch Ted Grandsen Kenneth M. Hess, Chair Kathy Long John Zaragoza, Vice Chair George Lange Alternate: Alternate: Alternate: Alternate: Steve Bennett Janice Parvin Bill Lotts Louis Cunningham EXECUTIVE OFFICER: DEPUTY EXEC OFFICER: OFFICE MGR/CLERK: LEGAL COUNSEL:


MINUTES

REGULAR MEETING

Wednesday, September 19, 2007, 9:00 A.M. Board of Supervisors’ Hearing Room, Hall of Administration

800 S. Victoria Avenue, Ventura

1. CALL TO ORDER Chair Hess called the September 19, 2007 meeting to order at 9:02 A.M.

2. PLEDGE OF ALLEGIANCE Commissioner Zaragoza led the Pledge of Allegiance. 3. ROLL CALL

The Clerk called the roll. The following commissioners and alternates were present: Commissioner Grandsen Commissioner Hess Commissioner Lange Commissioner Long * Commissioner Parks Commissioner Waunch Commissioner Zaragoza Alternate Commissioner Cunningham Alternate Commissioner Lotts * Commissioner Long arrived after action was taken on Agenda Item 9

ANNOUNCEMENTS 4. Commission Presentations and Announcements

Commissioner Parks told the Commission that the Triunfo Sanitation District Board was going to look at the possibility of consolidating with the Las Virgenes Municipal Water District.

COMMENTS FROM THE PUBLIC 5. Public Comment

There were no public comments

VENTURA LAFCO MINUTES September 19, 2007 Page 2 of 4

CONSENT ITEMS 6. Minutes of the Ventura LAFCO July 18 regular meeting 7. LAFCO 07-05 Ojai Valley Sanitary District Annexation – Reige

MOTION: Approval as recommended: Waunch SECOND: Zaragoza FOR: Grandsen, Hess, Lange, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 6/0/0

PUBLIC HEARING ITEMS

8. Fillmore-Piru Memorial District Municipal Service Review Report (MSR) and

Sphere of Influence Review and Update A, B & C Everett Millais recommended that the Commission consider continuing the item

until the next LAFCO meeting. Chair Hess opened the public hearing. Receiving no comments from the public, Chair Hess closed the public hearing.

MOTION: Continue to the next LAFCO meeting as recommended: Zaragoza SECOND: Lange FOR: Grandsen, Hess, Lange, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 6/0/0

9. Oxnard Harbor District Municipal Service Review Report and Sphere of

Influence Review and Update Everett Millais presented the staff report. Chair Hess opened the public hearing. Judy Cofer, Deputy director of the Oxnard Harbor District thanked staff for their effort on the MSR and presented a letter requesting that three minor corrections be made to the report. She asked the Commission to approve the recommended action. Receiving no other comments from the public, Chair Hess closed the public hearing.

MOTION: Approval as recommended with corrections: Zaragoza SECOND: Lange FOR: Grandsen, Hess, Lange, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 6/0/0

VENTURA LAFCO MINUTES September 19, 2007

Page 3 of 4

PUBLIC HEARING ITEMS (Continued) 10. Sphere of Influence Review and Update:

A. Bardsdale Cemetery District B. El Rancho Simi Cemetery District C. Piru Public Cemetery District

Everett Millais presented the staff report. Chair Hess opened the public comment period. There were no public comments.

MOTION: Approval for A, B and C as recommended: Waunch SECOND: Lange FOR: Grandsen, Hess, Lange, Long, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 7/0/0

11. Revisions to the LAFCO Fee Schedule Review and Update - Incorporations

Kim Uhlich presented the staff report. Chair Hess opened the public hearing. Receiving no comments, Chair Hess closed the public hearing.

MOTION: Approval of the Incorporation fee and asked staff to structure fee agreements that would allow the deposit portion of the fee to remain in trust until all LAFCO proceedings were completed: Parks. SECOND: Zaragoza FOR: Grandsen, Hess, Lange, Long, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 7/0/0

12. Commissioner’s Handbook Update – Part 1

Kim Uhlich asked that this item be continued until the next LAFCO meeting to allow Counsel time to review prior to distribution to the Commission. Chair Hess opened the public hearing. Receiving no comments, Chair Hess closed the public hearing.

MOTION: Continue until the October LAFCO meeting: Long SECOND: Parks FOR: Grandsen, Hess, Lange, Long, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 7/0/0

VENTURA LAFCO MINUTES September 19, 2007 Page 4 of 4

ACTION ITEMS 13. Executive Officer’s Employment Agreement Berry Zimmerman, County Human Resources Chief Deputy Executive Officer presented the staff report. There were no public comments

MOTION: Approve the Agreement with the modifications requested: Parks SECOND: Lange FOR: Grandsen, Hess, Lange, Long, Parks, Waunch and Zaragoza AGAINST: None ABSTAIN: None MOTION PASSED 7/0/0

EXECUTIVE OFFICER’S REPORT Everett Millais reported on the CALAFCO conference, noting that it was a successful conference with one of the highlights being the mobile workshop. He offered to provide copies of conference materials and added that they would soon be posted on the CALAFCO website. He also asked the Commission to plan to attend the conference next year at the Sheraton-Universal City, hosted by the Los Angeles LAFCO. Kathy Long added that she volunteered to co-chair on behalf of Ventura LAFCO. Mr. Millais’ legislative report included information on AB 745 and indicated that by the end of January it would be best for the commission to adopt policies about the disclosure requirements resulting for AB 745. He also updated the Commission on AB 1262, eliminating the sunset date requiring cities to consult with the county prior to updating a sphere of influence, and AB 1744, eliminating a sunset date allowing special districts formed under different principal acts to consolidate, and the LAFCO ominous bill changing the required number of determinations or factors to consider when reviewing municipal services from nine to five. COMMISSIONERS COMMENTS Commissioner Long apologized for arriving late telling the Commission she has an early morning meeting that ran later than expected ADJOURNMENT Chair Hess adjourned the meeting at 10:11 a.m.





STAFF REPORT Meeting Date: October 17, 2007

CONSENT TO: LAFCO Commissioners FROM: Kim Uhlich, Deputy Executive Officer SUBJECT: Professional Services Agreement for Audit Services – Moreland &

Associates, Inc.

RECOMMENDATION: Approve and authorize the Executive Officer to sign a Professional Services Agreement for Audit Services with Moreland & Associates in an amount not to exceed $8,500. DISCUSSION: As the Ventura LAFCO’s responsibilities and staffing levels have evolved over time in response to the Legislature’s major updates to LAFCO law in 2000, the budget has increased commensurately both in terms of revenues and expenditures. Although LAFCOs are not required by law to prepare audits or comprehensive annual financial reports as are counties, cities and special districts, staff is recommending that a formal financial audit of all major LAFCO funds be performed beginning with the 2006/07 fiscal year. The process of soliciting proposals from accounting firms throughout Ventura County and the greater LA metropolitan area proceeded more slowly than we anticipated due to the large number of firms that are no longer performing audits for public agencies. However, we are pleased to report that we have received a proposal from Moreland & Associates, which is well qualified to perform an audit based on their experience with a number of other LAFCO’s throughout the state.

Staff Report Professional Services Agreement with Moreland & Associates October 17, 2007 Page 2 of 2

Moreland & Associates has extensive experience with public sector agencies, having performed financial audits for twenty-eight California cities (including Ventura and Simi Valley), twenty-five redevelopment agencies, and many other governmental entities, including the Orange, Riverside and San Bernardino LAFCOs just in the last year alone. Based on preliminary discussions between Ventura LAFCO staff and Moreland staff, Moreland has submitted a work proposal with an estimated start date of January, 2008 and staff has drafted a professional services agreement (Attachment 1). Although LAFCO’s end of year financial reports for FY 2006/07 are expected to be available in time for the Commission’s November meeting, previous commitments to other clients prevent Moreland from starting work at an earlier date. Should LAFCO decide to continue a working relationship with Moreland beyond FY 2006/07, it is highly likely that the lag time between release of the year end reports and the start of work can be significantly decreased. Based on the proposal submitted by Moreland, the total estimated cost for audit services associated with FY 2006/07 is $8,500, which will exceed the $5,000 limit for Executive Officer approval as set forth in Section 2.6.4 of the Commissioner’s Handbook. In accordance with the Commission’s policies, staff is thus presenting the attached agreement to the Commission for approval and authorization for the Executive Officer to sign. Attachments: (1) Professional Services Agreement for Audit Services

(2) Moreland & Associates, Inc. proposal

of 7

PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES

AGREEMENT

This agreement entered into this 17th day of October, 2007, by and between the Ventura Local Agency Formation Commission, hereinafter called "LAFCO" and Moreland & Associates, Inc., a private certified public accounting firm, hereinafter called "Contractor."

W I T N E S S E T H WHEREAS, LAFCO has the authority to enter into agreements for services, personnel and facilities; and WHEREAS, Moreland & Associates, Inc. has presented a proposal for the provision of professional audit consultant services to LAFCO dated September 11, 2007, (attached hereto and incorporated herein as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services; and WHEREAS, it is necessary and desirable that Contractor be engaged by LAFCO for the purpose of performing services hereinafter described: NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1. Services to be performed by Contractor

In consideration of the payments hereinafter set forth, Contractor will perform services for LAFCO in accordance with the terms, conditions and specifications set forth herein and in Exhibit A attached hereto and by this reference made a part hereof.

2. Payments

In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein and in Exhibit A, LAFCO will make payment to Contractor in the manner specified in Exhibit A.

3. Independent Contractor

No relationship of employer and employee is created by this contract, it being understood that Contractor is an independent contractor, and neither Contractor nor any of the persons performing services for Contractor pursuant to this contract, whether said person be member, partner, employee, subcontractor, or otherwise, will have any claim under this contract or otherwise against LAFCO for sick leave, vacation pay, retirement benefits, social security, workers' compensation, disability, unemployment insurance benefits, or employee benefits of any kind.

It is further understood and agreed by the parties hereto that, except as provided in this contract, Contractor in the performance of its obligation hereunder is subject to the control or direction of LAFCO merely as to the result to be accomplished by the services hereunder agreed to be rendered and performed and not as to the means and methods for accomplishing the results.

Ventura Local Agency Formation Commission Professional Services Contract for Audit Services

Page 2 of 7

If, in the performance of this contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under direction, supervision and control of Contractor. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other terms of employment or requirements of law, will be determined by Contractor, and LAFCO will have no right or authority over such persons or the terms of such employment, except as provided in this contract.

The Contractor will comply with all of the provisions of the Worker’s Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments, thereto; and all similar State and Federal acts or laws applicable; and will indemnify and hold harmless the Ventura Local Agency Formation Commission from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney’s fees and costs, presented, brought or recovered against the Ventura Local Agency Formation Commission, for or on account of any liability under any of said Acts which may be incurred by reasons of any work to be performed under this Contract.

4. Non-Assignability

Contractor will not assign this Contract or any portion thereof, to a third party without the prior written consent of LAFCO, and any attempted assignment without such prior written consent will be null and void and will be cause, at LAFCO’s sole and absolute discretion, for immediate termination of this Contract.

5. Term

This Contract will be in effect from October 17, 2007 through June 30, 2008, subject to all the terms and conditions set forth herein. Time is of the essence in the performance of this contract.

6. Termination

LAFCO may terminate this contract at any time for any reason by providing 10 days written notice to Contractor. In the event of termination under this paragraph, Contractor will be paid for all work provided to the date of termination, as long as such work meets the terms and conditions of this contract. On completion or termination of this contract, LAFCO will be entitled to immediate possession of and Contractor will furnish on request, all computations, plans, correspondence and other pertinent data gathered or computed by Contractor for this particular Contract prior to any termination. Contractor may retain copies of said original documents for Contractor's files. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Contract except as set forth in this paragraph in the event of such termination.

This right of termination belonging to Ventura Local Agency Formation Commission may be exercised without prejudice to any other remedy which it may be entitled at law or under this contract.

7. Default

If Contractor defaults in the performance of any term or condition of this contract, Contractor must cure that default by a satisfactory performance within 10 days after service upon Contractor of written notice of the default. If Contractor fails to cure the default within that time, then LAFCO may terminate this contract without further notice.

The foregoing requirement for written notice and opportunity to cure does not apply with respect to paragraph 4 above.


Page 3 of 7

8. Indemnification, Hold Harmless and Waiver of Subrogation

All activities and/or work covered by this contract will be at the risk of Contractor alone. Contractor agrees to defend, indemnify, and save harmless the Ventura Local Agency Formation Commission, including all of its officers, employees, agents and volunteers, against any and all claims, lawsuits, whether against Contractor, LAFCO or others, judgments, debts, demands and liability, including without limitation, those arising from injuries or death of persons and/or for damages to property, arising directly or indirectly out of the obligations herein described or undertaken or out of operations conducted or subsidized in whole or in part by Contractor, save and except claims or litigation arising through the sole negligence or wrongdoing and/or sole willful misconduct of LAFCO. Contractor agrees to waive all rights of subrogation against LAFCO for losses arising directly or indirectly from the activities and/or work covered by this contract.

9. Insurance Provisions

A) CONTRACTOR, at its sole cost and expense, will obtain and maintain in full force during the term of this contract the following types of insurance:

1) Commercial General Liability "occurrence" coverage in the minimum amount of

$1,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $2,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, broad form blanket contractual and $50,000 fire legal liability.

2) Commercial Automobile Liability coverage in the minimum amount of $1,000,000

CSL bodily injury & property damage, including owned, non-owned, and hired automobiles. Also to include Uninsured/Underinsured Motorists coverage in the minimum amount of $100,000 when there are owned vehicles.

CONTRACTOR must have on file evidence of auto insurance in the minimum amount of $100,000 CSL bodily injury & property damage for all employees and volunteers associated with the contract.

3) Workers' Compensation coverage, in full compliance with California statutory

requirements, for all employees of CONTRACTOR and Employer's Liability in the minimum amount of $1,000,000.

4) Professional Liability coverage in the minimum amount of $1,000,000 each

occurrence and $3,000,000 minimum.

B) All insurance required will be primary coverage as respects LAFCO and any insurance or self-insurance maintained by LAFCO will be excess of CONTRACTOR'S insurance coverage and will not contribute to it.

C) LAFCO is to be notified immediately if any aggregate insurance limit is exceeded. Additional

coverage must be purchased to meet requirements.

D) The Ventura Local Agency Formation Commission, its Officers, Employees, Agents, and Volunteers are to be named as Additional Insured as respects work done by CONTRACTOR under the terms of this contract on all policies required (except Workers' Compensation).

E) Contractor agrees to waive all rights of subrogation against the Ventura Local Agency

Formation Commission, its Officers, Employees, Agents and Volunteers for losses arising from work performed by Contractor under the terms of this contract.


Page 4 of 7

F) Policies will not be canceled, non-renewed or reduced in scope of coverage until after sixty

(60) days written notice has been given to the Ventura Local Agency Formation Commission.

G) CONTRACTOR agrees to provide LAFCO with the following insurance documents on or

before the effective date of this contract:

1. Certificates of Insurance for all required coverage.

2. Additional Insured endorsements.

3. Waiver of Subrogation endorsements (a.k.a.: Waiver of Transfer Rights of Recovery Against Others, Waiver of Our Right to Recover from Others)

Failure to provide these documents will be grounds for immediate termination or suspension of this contract.

10. Non-discrimination

A. General.

No person will on the grounds of race, color, national origin, religious affiliation or non-affiliation, sex, age, handicap, disability, or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Contract.

B. Employment.

Contractor will insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Contract. Contractor's personnel policies will be made available to LAFCO upon request.

11. Substitution

If particular people are identified in Exhibit A as working under this Contract, the Contractor will not assign others to work in their place without written permission from the LAFCO Executive Officer. Any substitution will be with a person of commensurate experience and knowledge.

12. Investigation and Research

Contractor by investigation and research has acquired reasonable knowledge of all conditions affecting the work to be done and labor and material needed, and the execution of this Contract is to be based upon such investigation and research, and not upon any representation made by LAFCO or any of its officers, agents or employees, except as provided herein.

13. Contract Monitoring

LAFCO will have the right to review the work being performed by the Contractor under this Contract at any time during Contractor's usual working hours. Review, checking, approval or other action by LAFCO will not relieve Contractor of Contractor's responsibility for the thoroughness of the services to be provided hereunder. This Contract will be administered by or his/her authorized representative.


Page 5 of 7

14. Addenda

LAFCO may from time to time require changes in the scope of the services required hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation which are mutually agreed upon by and between LAFCO and Contractor will be effective when incorporated in written amendments to this Contract.

15. Conflict of Interest

Contractor covenants that Contractor presently has no interest, including, but not limited to, other projects or independent contracts, and will not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. Contractor further covenants that in the performance of this Contract no person having such interest will be employed or retained by Contractor under this contract.

16. Confidentiality

Any reports, information, data, statistics, forms, procedures, systems, studies and any other communication or form of knowledge given to or prepared or assembled by Contractor under this Contract which LAFCO requests in writing to be kept confidential, will not be made available to any individual or organization by Contractor without the prior written approval of LAFCO except as authorized by law.

17. Notices

All notices required under this Contract will be made in writing and addressed or delivered as follows:

TO LAFCO: VENTURA LAFCO 800 SOUTH VICTORIA AVENUE VENTURA, CALIFORNIA 93009-1850 TO CONTRACTOR- Kathryn Beseau, Partner Moreland & Associates, Inc. 1201 Dove Street, Suite 680 Newport Beach, CA 92660

Either party may, by giving written notice in accordance with this paragraph, change the names or addresses of the persons of departments designated for receipt of future notices. When addressed in accordance with this paragraph and deposited in the United States mail, postage prepaid, notices will be deemed given on the third day following such deposit in the United States mail. In all other instances, notices will be deemed given at the time of actual delivery.

18. Merger Clause

This Contract supersedes any and all other contracts, either oral or written, between Contractor and the Ventura Local Agency Formation Commission, with respect to the subject of this contract. This contract contains all of the covenants and contracts between the parties with respect to the services required hereunder. Contractor acknowledges that no representations, inducements, promises or contracts have been made by or on behalf of LAFCO except those covenants and contracts embodied in this contract. No contract, statement, or promise not contained in this contract will be valid or binding.


Page 6 of 7

19. Governing Law

The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties under this contract, will be construed pursuant to and in accordance with the laws of the State of California.

20. Severability of Contract

If any term of this contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms will remain in full force and effect and will not be affected.

21. Cumulative Remedies

The exercise or failure to exercise of legal rights and remedies by the Ventura Local Agency Formation Commission in the event of any default or breach hereunder will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this contract.

22. Compliance With Laws

Each party to this contract will comply with all applicable laws. 23. Construction of Covenants and Conditions

Each term and each provision of this contract will be construed to be both a covenant and a condition.

IN WITNESS WHEREOF the parties hereto have executed this Contract. LAFCO CONTRACTOR by: _________________________________ by:______________________________ Authorized Signature Authorized Signature ____________________________________ _________________________________ Everett Millais, Executive Officer Printed name Ventura Local Agency Formation Commission _________________________________ Title _______________________________ _______________________________ Date Date ______________________________ Tax Identification Number


Page 7 of 7

EXHIBIT “A” CONTRACTOR SCOPE OF WORK

Contractor shall perform professional auditing services as described in the attached letter from Moreland & Associates dated September 11, 2007. The cost estimate reflected in the September 11th letter includes attendance by Contractor at one (1) Commission meeting following the completion of work.

COMPENSATION SCHEDULE

1. Billing Within ten (10) days after the end of each calendar month in which services are performed or expenses are incurred under this Agreement, Contractor will submit an invoice to LAFCO. The invoice submitted shall reference this Agreement and show the hours worked by each person who performed services during the billing period, the hourly rate of pay for each person who performed services, the dates on which the services were performed, a description of the services performed, actual out-of-pocket expenses incurred in the performance of the services, and such other information as the LAFCO Executive Officer may reasonably require.

2. Time of Payment

LAFCO will make payment to Contractor within thirty (30) days after submittal of Contractor’s invoice and approval.

3. Hourly Rate: Contractor shall be compensated at the rates set forth in the attached letter from Moreland & Associates dated September 11, 2007.

4. Maximum Compensation: Contractor will complete all the work and tasks described in the Scope of Work as set forth in the attached letter from Moreland & Associates dated September 11, 2007 for a total amount of compensation that does not exceed $8,500, which includes all out-of-pocket expenses, travel and any other expenses.





STAFF REPORT

Meeting Date: October 17, 2007 LAFCO CASE NAME & NO: LAFCO 07-06 City of San Buenaventura Reorganization –Willett

PROPOSAL: To annex one (1) parcel to the City of San Buenaventura and to detach the same area from the Ventura County Fire Protection District and the Ventura County Resource Conservation District for the purpose of providing city services.

SIZE: Approximately 27.30 acres. LOCATION: 2686 North Ventura Avenue, approximately one-half mile

northeasterly of the Stanley Avenue intersection, Ventura. The proposal area is within the sphere of influence of the City of San Buenaventura and within the boundaries of the Casitas Municipal Water District.

PARCEL INFORMATION & PROPONENTS FOR PURPOSES OF THE CALIFORNIA POLITICAL REFORM ACT (FPPC):

Assessor’s Parcel

Property Address Property Owner(s)

069-0-020-050 2686 North Ventura Avenue Willett, Ruth

PROPONENT: City of San Buenaventura by resolution. NOTICE: This matter has been noticed as prescribed by law.

LAFCO 07-06 City of San Buenaventura Reorganization – Willett October 17, 2007 Page 2 of 9

RECOMMENDATIONS

A. Certify that the Commission has reviewed and considered the information contained in the Mitigated Negative Declaration (MND) (EIR-2428) prepared by the City of San Buenaventura as lead agency.

B. Adopt the attached resolution (LAFCO 07-06) making determinations and

approving the City of San Buenaventura Reorganization – Willett. GENERAL ANALYSIS

1. Land Use Site Information

Land Use

Zone District Classification

General Plan Designation

Existing

Citrus Orchard; Single Family Residence

County: OS-160ac (Open Space, 160 acre minimum) City: NA

County: Open Space - Urban Reserve City: Neighborhood Medium, 9-20 units per acre

Proposed The City of San Buenaventura has prezoned the proposal area to allow for residential development consisting of 120 single-family residential units, 36 condominium townhomes and 50 low-income senior apartments.

County: Upon annexation, County zoning will not be applicable. City: Prezoned to RPD-8U (Residential Planned Development, 8 units per acre)

County: Upon annexation, County General Plan designation will not be applicable. City: Neighborhood Medium, 9-20 units per acre

Conformity with Plans

The proposal area is within the sphere of influence of the City of San Buenaventura, therefore the City’s General Plan takes precedence according to LAFCO policies.

LAFCO 07-06

City of San Buenaventura Reorganization – Willett October 17, 2007

Page 3 of 9

The City’s General Plan designation is “Neighborhood Medium, 9-20 units per acre”. Prior to initiating a reorganization request, the City prezoned the site to allow for the development of a residential subdivision (“RPD-8U”). According to the City, the proposed use of the proposal area is consistent with the City’s General Plan and zoning designations. Upon annexation, the proposal area would not be subject to either the City of San Buenaventura SOAR ordinance or the Ventura Hillside Voter Participation Ordinance. The City SOAR ordinance would not apply because the site is not designated as Agricultural in the City’s General Plan. The Ventura Hillside Voter Participation Ordinance does not apply as the proposal area is not located within the Hillside Voter Participation area.

The Ventura County General Plan land use designation for the proposal area is ‘Open Space-Urban Reserve’. As such, the site is subject to the County’s SOAR Ordinance only as long as it remains under County jurisdiction.

Surrounding Land Uses and Zoning and General Plan Designations

Except for the parcel located across the Canada de San Juaquin channel to the northeast of the proposal area, the properties that surround the proposal area are within the City boundaries. The land use on the unincorporated property is industrial, the areas to the east and south are characterized by residential development, and an institutional use is located on the parcel across North Ventura Avenue to the west. The City’s zoning and General Plan designations for the surrounding areas are consistent with the approved land uses in the proposal area.

Topography, Natural Features and Drainage

The proposal area is relatively flat and drains to the southwest. Drainage will be collected in an underground detention facility at the corner of the site and will then be conveyed into existing culverts under North Ventura Avenue into the existing Watershed Protection District system. The only significant natural feature is the adjacent Canada de San Juaquin channel, which is described as a “highly degraded drainage channel” and a “potential wildlife corridor”.


2. Impact on Prime Agricultural Land, Agriculture, and Open Space

Agricultural Land and Agriculture Approximately 6 acres of the 27-acre proposal area meet the definition of prime agricultural land pursuant to LAFCO law. None of the remaining unincorporated land adjacent to the proposal area is classified as agricultural. The proposal area is not subject to a Land Conservation Act contract or a Farmland Security Zone agreement, and is not located within a greenbelt.

The following Ventura LAFCO policies are applicable to boundary change proposals involving the conversion of prime agricultural land:

Section 3.1.5.1 Section 3.1.5.1 of the Commissioner’s Handbook states: “Findings and criteria for prime agricultural and open space land conversion: LAFCO will approve a proposal for a change of organization or reorganization which is likely to result in the conversion of prime agricultural or open space land use to other uses only if the Commission finds that the proposal will lead to planned, orderly, and efficient development. For the purposes of this policy, a proposal for a change of organization or reorganization leads to planned, orderly, and efficient development only if all of the following criteria are met:

i. The territory involved is contiguous to either lands developed with an urban use or lands which have received all discretionary approvals for urban development.

ii. The territory is likely to be developed within 5 years and has been pre-zoned for non-agricultural or open space use. In the case of very large developments, annexation should be phased wherever possible.

iii. Insufficient non-prime agricultural or vacant land exists within the existing boundaries of the agency that is planned and developable for the same general type of use.

iv. The territory involved is not subject to voter approval for the extension of services or for changing general plan land use designations. Where such voter approval is required by local ordinance, such voter approval must be obtained prior to LAFCO action on any proposal unless exceptional circumstances are shown to exist.

v. The proposal will have no significant adverse effects on the physical and economic integrity of other prime agricultural or open space lands.”

The proposal is consistent with Subsections i. and ii. The proposal area is contiguous to land developed with urban uses and the territory is likely to

LAFCO 07-06


Page 5 of 9

be developed within five years and has been prezoned for a non-agricultural use.

With respect to Subsection iii, refer to Section 3.1.5.2 below. With regard to Subsection iv, the land within the proposal area is not subject to voter approval for the extension of services or for changing general plan land use designations. With regard to Subsection v., Section 3.1.5.3 includes a discussion of potential impacts to adjoining agricultural lands.

Section 3.1.5.2 Section 3.1.5.2 of the Commissioner’s Handbook states:

“Findings that insufficient non-prime agricultural or vacant land exists: The Commission will not make affirmative findings that insufficient non-prime agricultural or vacant land exists within the boundaries of the agency unless the applicable jurisdiction has prepared a detailed alternative site analysis which at a minimum includes: i. An evaluation of all vacant, non-prime agricultural lands within the

boundaries of the jurisdiction that could be developed for the same or similar uses.

ii. An evaluation of the re-use and redevelopment potential of developed areas within the boundaries of the jurisdiction for the same or similar uses.

iii. Determinations as to why vacant, non-prime agricultural lands and potential re-use and redevelopment sites are unavailable or undesirable for the same or similar uses, and why conversion of prime agricultural or open space lands are necessary for the planned, orderly, and efficient development of the jurisdiction.”

To address the above policy, LAFCO staff requested additional information from the City. In response, the City submitted a vacant residential sites inventory and analysis. Based on the information submitted, the City represents that there is no other vacant or underutilized non-prime agricultural parcels (either alone or in combination) within the city limits that would accommodate a similarly sized residential development. The City also emphasized their commitment to their “Infill First” strategy to accommodate the approximately 8,300 additional housing units anticipated by their 2005 General Plan. This strategy emphasizes development of vacant land within the City’s existing sphere of influence, excluding SOAR-protected and land within their Hillside Voter Protection area.

Section 3.1.5.3 Section 3.1.5.3 of the Commissioner’s Handbook states:

“Impacts on adjoining prime agricultural or open space lands: In making the determination whether conversion will adversely impact adjoining prime


agricultural or open space lands, the Commission will consider the following factors: i. The prime agricultural and open space significance of the territory and

adjacent areas relative to other agricultural and open space lands in the region.

ii. The economic viability of the prime agricultural lands to be converted. iii. The health and well being of any urban residents adjacent to the prime

agricultural lands to be converted. iv. The use of the territory and the adjacent areas. v. Whether public facilities related to the proposal would be sized or

situated so as to facilitate the conversion of prime agricultural or open space land outside of the agency’s sphere of influence, or will be extended through prime agricultural or open space lands outside the agency’s sphere of influence.

vi. Whether natural or man-made barriers serve to buffer prime agricultural or open space lands outside of the agency’s sphere of influence from the effects of the proposal.

vii. Applicable provisions of local general plans, applicable ordinances that require voter approval prior to the extension of urban services or changes to general plan designations, Greenbelt Agreements, applicable growth-management policies, and statutory provisions designed to protect agriculture or open space.

viii. Comments and recommendations by the Ventura County Agricultural Commissioner.”

With regard to subsections i through iv, the proposal area is zoned for residential development and is surrounded by existing residential and industrial land uses. Given the isolation of the proposal area from other agricultural areas and relatively small size of the area, the long term economic viability of the proposal area is highly limited for farming purposes and the area is not considered to be significant relative to other agricultural and open space lands in the region.

With regard to subsection v, the proposal would not create a need to extend infrastructure through prime agricultural or open space lands outside of the City’s sphere of influence and the public facilities necessary to service the proposal area will not be sized such that the conversion of prime agricultural or open space land outside of the sphere of influence will be facilitated. With regard to subsections vi and vii, there are no agricultural or open space lands outside the City’s sphere that would be impacted by the subject proposal, thus no buffer is necessary. The proposal would not conflict with the City General Plan, the County General Plan, any Greenbelt Agreement or other statutory provisions designed to protect agriculture or open space, nor would the area be subject to voter approval prior to the extension of urban services.

LAFCO 07-06


Page 7 of 9

Open Space

The Ventura County General Plan land use designation for the proposal area is “Open Space-Urban Reserve”. According to LAFCO policies, however, the City’s General Plan land use designation of “Neighborhood Medium” for the area takes precedence because it is within the City of San Buenaventura Sphere of Influence. Therefore, the proposal area is no longer considered open space pursuant to Government Code Sections 56059 and 65560 and thus open space lands would not be impacted.

3. Population

According to the County Registrar of Voters, there is one registered voter in the proposal area. As such, the annexation proposal area is considered to be uninhabited under the provisions of LAFCO law relating to protest proceedings.

4. Services and Controls – Need, Cost, Adequacy and Availability

According to the City, the existing domestic water supply and wastewater treatment facilities have adequate capacity to serve the site. The City also represents that, upon completion of the approved development project, the existing law enforcement staff, fire department staff, park space, schools, roads, storm drainage and solid waste collection and disposal facilities are adequate to serve the proposal area.

The City will require the developer to establish a maintenance assessment district to cover costs associated with street lighting, landscape improvements, stormwater improvements and park land. On-going maintenance and operational costs for other services will be financed through residential user fees.

5. Boundaries and Lines of Assessment

The boundaries are definite and certain. There are no conflicts with lines of assessment or ownership. The map and legal description for this proposal have been checked by the County Surveyor and have been certified as being accurate and sufficient for the preparation of a Certificate of Completion pursuant to Government Code Section 57201 and for filing with the State Board of Equalization.


6. Assessed Value, Tax Rates and Indebtedness

According to the County Assessor, the proposal area is in tax rate area 91030 and will be assigned to tax rate area 05121 upon completion of proceedings. The current tax rate of $1.061629 per $100 of assessed valuation will remain the same upon annexation. The assessed land value of the proposal area per the 2007 - 2008 tax roll is $305,167.

7. Environmental Impact of the Proposal The City of San Buenaventura is the lead agency under CEQA and prepared an Mitigated Negative Declaration (MND) (EIR-2428) that addressed impacts associated with development of the proposal area. The City Council approved the MND on June 25, 2007. The MND document, comments and the City’s responses to the comments are attached (Attachment 2). Copies of the technical appendices are not included in the attachment, but are available from the LAFCO office upon request.

The MND identified potentially significant but mitigable impacts relating to air quality, cultural resources, noise and utilities/services impacts. The findings and the mitigation monitoring plan adopted by the City Council are attached (Attachment 3).

It is recommended that the Commission review and consider the information in the MND and adopt the attached findings, mitigation measures and the mitigation monitoring and reporting program.

8. Regional Housing Needs

The development project provides for the construction of 206 dwelling units consisting of 120 single-family residential units, 36 condominium townhomes, 50 low-income senior apartments, and approximately 1.5 acres of park area. According to the California Housing and Community Development Department the City of Ventura adopted an updated General Plan Housing Element on April 20, 2004 and completed State review for compliance on July 30, 2004. The Reorganization proposal, based on the project approvals granted by the City will assist the City in meeting its regional ‘fair share” housing need as identified in its Housing Element.

LAFCO 07-06


Page 9 of 9

9. Landowner and Annexing Agency Consent

The City has provided written consent to the subject proposal from the property owner. Any subject agency that wishes to reserve its right to protest a LAFCO decision (for those decisions subject to protest proceedings) must submit written opposition to the waiver (GC § 56663). The subject agencies associated with the subject proposal are the City of San Buenaventura, the Ventura County Fire Protection District and the Ventura County Resource Conservation District. LAFCO has received no written opposition to a waiver of protest proceedings from these agencies as of the date of this Staff Report.

ALTERNATIVE ACTIONS AVAILABLE:

A. If the Commission, following public testimony and review of the materials submitted, determines that further information is necessary, a motion to continue the proposal should state specifically the type of information desired and specify a date certain for further consideration.

B. If the Commission, following public testimony and review of materials submitted,

wishes to deny or modify this proposal, a motion to deny or modify should include direction that the matter be continued to the next meeting and that staff prepare a new report consistent with the evidence submitted and the anticipated decision.

BY: _____________________________ Kim Uhlich, Deputy Executive Officer Attachments: (1) Vicinity Map *

(2) EIR 2428: Mitigated Negative Declaration prepared by the City of San Buenaventura as CEQA lead agency *

(3) Ventura City Council Resolution No. 2007-035 * (4) LAFCO 07-06 Resolution

* LAFCO makes every effort to offer legible map files with the online- and printed

versions of our reports, however sometimes the need to reduce oversize original maps and/or other technological/software factors can compromise readability. Original maps and Attachments 2 and 3 are available for viewing at the LAFCO office by request.

City of San Buenaventura

S 33 F

WN

33 FW

E 126 FWW 126 FW

S 101 FW

TELEGRAPH RDN 101 FWE MAIN ST

FOOTHILL RD

N VE

NTUR

A AV

TELEPHONE RD

E HARBOR BL

LOMA VISTA RD BLACKBURN RD

POLI ST

PETIT AVTHILLE ST

N OL

IVE ST

AURORA DRPREBLE AV

VIA ARROYO

N VICTORIA AV

DAY RD

RAILROAD RR

DARLING RD

VENT

URA R

IVER B

IKE TL

DENVER STPORTER LN

JASPER AV

SUNSET DR

ALISO ST

CEDA

R ST

COLINA VISTA ST

N PETIT AV

BALBOA STMILL

ING

RD

SENECA ST

AC

S HILL RD

MARA AV

SATICOY AV

AL

NEVADA AV

POMONA ST

DR

N KIMBALL RD

CAME

RON

ST

ST

META ST

ASH ST

SHORELINE DR

TYLE

R AV

BOISE ST

SKYLINE RD

DEAN DR

FLOR

AL D

R

HURS

T AV

CHESHIRE ST

N BROOKSHIRE AVW SHELL RD

CLINTON AV

LARKIN ST

BRAK

EY RD

S 101 FWTHILLE ST

LegendCity BoundarySphere Boundary

.0 510 1,020 1,530 2,040255 Feet

Ventura LAFCO Vicinity MapLAFCO 07-06 City of San Buenaventura

Reorganization - Willett

Annexation Area

SENECA ST

N VE

NTUR

A AV

DAKOTA DR

HUPA ST

ARAPAHO ST

CAM

ERON

ST

CED

AR ST

POMO ST

MOHAWK AV

SIOUX AV

HOP

I LN

ZUN

I CT

CRE

E LN

YUM

A CT

MAYANS LN APACHE AV

BLACKFOOT LN CHI

PPEW

A LN

INCA

CT

AZT

EC C

T

PAW

NEE C

T

MAN

DAN

CT

TOL

TECS

CT

COM

ANCH

E CT

LAFCO 07-06

RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND APPROVING THE CITY OF SAN BUENAVENTURA REORGANIZATION – WILLETT; ANNEXATION TO THE CITY OF SAN BUENAVENTURA, DETACHMENT FROM THE VENTURA COUNTY RESOURCE CONSERVATION DISTRICT AND THE VENTURA COUNTY FIRE PROTECTION DISTRICT

WHEREAS, the above-referenced proposal has been filed with the Executive

Officer of the Ventura Local Agency Formation Commission pursuant to the

Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (Section 56000

of the California Government Code); and

WHEREAS, at the times and in the manner required by law, the Executive Officer

gave notice of the proposal as required by law; and

WHEREAS, the proposal was duly considered on October 17, 2007; and

WHEREAS, the Commission heard, discussed and considered all oral and

written testimony for and against the proposal including, but not limited to, the LAFCO

Staff Report and recommendation, the environmental document and determination,

Sphere of Influence and applicable local plans and policies; and

WHEREAS, all landowners within the affected territory have consented to the

proposal; and

WHEREAS, proof has been given to the Commission that the affected territory

has less than 12 registered voters and is considered uninhabited; and

WHEREAS, information satisfactory to the Commission has been presented that

all agencies having land detached within the affected territory have not submitted

written opposition to the proposal; and

WHEREAS, the Commission finds the proposal to be in the best interest of the

landowners and present and future inhabitants within the City of San Buenaventura and

within the affected territory, and the organization of local governmental agencies within

Ventura County; and

WHEREAS, the Commission certifies that it has reviewed and considered the

Mitigated Negative Declaration prepared by the Lead Agency; and

LAFCO 07-06 City of San Buenaventura Reorganization – Willett Resolution of Approval October 17, 2007 Page 2 of 4

WHEREAS the Commission has found that the Mitigated Negative Declaration

discloses impacts that are mitigated to a level of insignificance.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the

Ventura Local Agency Formation Commission as follows:

(1) The LAFCO Staff Report and Recommendation for approval of the

proposal dated October 17, 2007, is adopted.

(2) The Reorganization, consisting of an annexation to the City of San

Buenaventura and a detachment from the Ventura County Resource

Conservation District and Ventura County Fire Protection District, is

hereby approved and the boundaries are established generally as set forth

in the attached Exhibit A.

(3) The affected territory is uninhabited as defined by Government Code

§56046.

(4) The subject proposal is assigned the following distinctive short form

designation:

LAFCO 07-06 CITY OF SAN BUENAVENTURA REORGANIZATION –

WILLETT.

(5) The Commission, as a responsible agency, has reviewed and considered

the information contained in the Mitigated Negative Declaration entitled

“EIR-2428”: Mitigated Negative Declaration for the Centex residential

subdivision prepared by the City of San Buenaventura as lead agency as

well as comments received.

(6) The Commission finds that, on the basis of the whole record before it, that

there is no substantial evidence that the project will have a significant

effect on the environment, and the Mitigated Negative Declaration reflects

the Commission’s independent judgment and analysis.

(7) The Commission hereby adopts the lead agency’s Findings, Mitigation

Measures and Mitigation Monitoring and Reporting Program.

(8) The Commission directs staff to file a Notice of Determination in the same

manner as a lead agency under CEQA Guidelines §15094 and §15096(i).

LAFCO 07-06 City of San Buenaventura Reorganization – Willett Resolution of Approval

October 17, 2007 Page 3 of 4

(9) The Commission determines that the project is in compliance with

Government Code § 56741 as the territory to be annexed is located within

one county and is contiguous with the boundaries of the City of San

Buenaventura.

(10) The Commission waives conducting authority proceedings, since

satisfactory proof has been given that the subject property is uninhabited,

that all landowners within the affected territory have given their written

consent to the proposal, and that no affected agency that will gain or lose

territory as a result of the proposal has submitted written opposition to the

waiver of conducting authority proceedings [Government Code §56663].

(11) This reorganization shall not be recorded until all LAFCO fees have

been paid and until fees necessary for filing with the State Board of

Equalization have been submitted to the Executive Officer.

LAFCO 07-06 City of San Buenaventura Reorganization – Willett Resolution of Approval October 17, 2007 Page 4 of 4

This resolution was adopted on October 17, 2007. AYES: Commissioners Hess, Lange, Long, Waunch, Zaragoza and Alternate Commissioner Lotts NOES: None ABSTAINS: None Dated: ______________ ___________________________________________ Chair, Ventura Local Agency Formation Commission Attachments: Exhibit A Copies: City of San Buenaventura Ventura County Assessor Ventura County Auditor Ventura County Surveyor Ventura County Planning Ventura County Elections-Registrar of Voters Southern California Gas Co. Southern California Edison Co. Ventura County Sheriff – EOC Ventura County Fire Protection District Ventura County Resource Conservation District

AGENDA - California · 10/17/2007 · Memorial District MSR, including determinations adopted by...

Documents

Transcript of AGENDA - California · 10/17/2007 · Memorial District MSR, including determinations adopted by...