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18-0720
Agreement No. 18-380
FIRST AMENDMENT TO
2017 AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
COUNTY OF FRESNO AND CITY OF CLOVIS
5 This First Amendment to the 2017 Amended and Restated Memorandum of Understanding ("First
. 6 Amendment") is made and executed this _ day of __ ~ 2018 ("Effective Date"), by and between the
7 County of Fresno, a political subdivision of the State of California ("County") and the City of Clovis, a
8 municipal corporation of the State of California ("City"), with respect to the following Recitals, which are
9 a substantive part of this First Amendment. County and City are each a "party" to this First Amendment
10 and are sometimes collectively referred to as "the parties" to this First Amendment.
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12 A.
RECITALS
On June 6, 2017,, the parties entered into an Amended and Restated Memorandum of
13 Understanding ("MOU"), a comprehensive agreement covering development, annexations, sales taxes,
14 property taxes, and other matters, which is on file with County and City.
15 B. City and County desire to amend the MOU provisions relating to City annexations to
16 address the City's Regional Housing Needs Assessment ("RHNA") requirements, the Dry Creek Preserve
17 Master Plan approved by the City Council on June 4, 2018, and other minor clarifying changes.
18 NOW, THEREFORE, City and County agree as follows:
19 1. Amendment to Exhibit 1. Standards for Annexation. Exhibit 1, Standards for Annexation,
20 of the MOU shall be amended to read as shown in the attachment to this First Amendment.
21 2. Addition of Section 2.4.2. to Article II. Annexations by City. Section 2.4.2 is hereby added
22 to Article II, Annexations by City, of the MOU to read as follows:
23 2.4.2 The proposed annexation under this Section 2.4 shall not create an island and shall
24 minimize creation of peninsulas and corridors, or other distortion of boundaries.
25 3. Other Terms of MOU Unaffected. Except as expressly modified by the terms of
26 this First Amendment, all other terms of the MOU shall remain in full force and effect.
27 II
28 II
10th July
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EXHIBIT 1
STANDARDS FOR ANNEXATION
(2018 REVISED)
The proposal must be consistent with adopted sphere of influence of the city and not conflict with
the goals and policies of the Cortese-Knox-Hertzberg Act.
The proposal must be consistent with city general and specific plans, including adopted goals and
policies.
Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing
agricultural operations on adjacent properties, to the extent reasonable and consistent with the
applicable general and specific plan.
A proposal for annexation is acceptable if one of the following conditions exist:
1.There is existing substantial development provided the City confines its area requested to that
area needed to include the substantial development and create logical boundaries.
2.Development exists that requires urban services which can be provided by the City.
3.If no development exists, at least 25% of the area proposed for annexation has:
i.Approved tentative subdivision map(s) (S.F. residential)
ii.Approved site plan (for other uses including multi-family)
4.The annexation is to fulfill the city’s Regional Housing Needs Allocation (RHNA) obligation
which otherwise cannot be accommodated on lands currentl y within the city’s incorporated
boundary.
The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas
and corridors, or other distortion of boundaries.
For any of the following circumstances listed below a proposal for annexation is presumed to comply with
all standards for annexation:
The request for annexation is by a city for annexation of its own publicly-owned property for public
use.
The request for annexation is by a city in order to facilitate construction of public improvements or
public facilities which otherwise could not be constructed.
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The request for annexation is to remove an unincorporated island, substantially surrounded area, or
otherwise address existing peninsulas and/or irregular boundaries.
The request for annexation is within and consistent with the Dry Creek Preserve Master Plan
Annexation Program as adopted by the City.
The annexation is intended to mitigate or otherwise comply with standards/conditions required by
another agency with respect to another development/annexation
G:\4360Devs&Pln\ADMIN\BOARD\Board Items\2010-2019\2018\7-10-18\Clovis MOU Amendment\First Amendment to Clovis MOU.docx