HomeMy WebLinkAboutAgreement A-18-606 with City of Clovis.pdf1
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SECOND AMENDMENT TO
2017 Al\1ENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
COUNTY OF FRESNO AND CITY OF CLOVIS
This Second Amendment to the 2017 Amended and Restated Memorandum of Understanding
6 ("Second Amendment") is made and executed this _ day of ____ ___, 2018 ("Effective Date")
7 by and between the County of Fresno, a political subdivision of the State of California ("County'') and the
8 City of Clovis, a municipal corporation of the State of California ("City"), with respect to the following
9 Recitals, which are a substantive part of this Second Amendment. County and City are each a "party'' to
10 this Second Amendment and are sometimes collectively referred to as "the parties" to this Second
11 Amendment.
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13 A.
RECITALS
On June 6, 2017, the parties entered into an Amended and Restated Memorandum of
14 Understanding ("MOU"), a comprehensive agreement covering development, annexations, sales taxes,
15 property taxes, and other matters, which is on file with County and City.
16 B.The MOU addresses development within the City's then constituted Sphere of Influence
17 ("SOI"), as depicted in Exhibit A.
18 C.Clovis desires to expand its SOI to include portions of its planned Northeast Urban Center,
19 primarily for the purposes of regional commercial and industrial job developing uses, with other
20 compatible uses necessary to aid in the job developing uses ("Northeast Expansion Area"). The area to
21 be included is identified as a special study area in the MOU, shown on Exhibit 4 of the MOU, and depicted
22 herein in Exhibit B; however, this area is no longer identified as a special study area in this Second
23 Amendment.
24 D.County agrees that regional job generating uses are of high imp01iance, and concurs with
25 City's SOI being amended to include the Northeast Expansion Area, subject to the terms and conditions
26 set forth in this Second Amendment.
27 Ill
28 Ill
23rd October
18-1230 Agreement No. 18-606
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E. Expansion of City's SOI provides for orderly development in this area and represents an
important part of the City's Northeast Urban Center as identified in the 2014 Clovis General Plan. The
Northeast Expansion Area includes critical land uses that will positively contribute to unification oflogical
urban growth and efficient delivery of urban services within the City's SOI.
F. An amendment to the MOU is necessary to accommodate the Northeast Expansion Area.
NOW, THEREFORE, County and City hereby agree as follows:
1. Amendment of SOI. County consents to an amendment of City's SOI to include the
Northeast Expansion Area as depicted herein as Exhibit C, and City may process the amendment through
the Fresno Local Agency Formation Commission (LAFCo).
2. Plans. Prior to the first proposed annexation within the Northeast Expansion Area, City
shall have completed a comprehensive Master Plan for the entire area, identifying all of the proposed uses
for the Northeast Expansion Area, including, but not limited to; land use diagrams, public facilities, design
standards, an annexation schedule/strategy for uses other than commercial and industrial (public facilities
shall be exempt from this requirement), and other matters necessary for proper planning of the area
("Master Plan"). The Master Plan shall be accompanied by the following:
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(1) Appropriate environmental review under the California Environmental Quality
Act.
(2) Updates to the City's Master Service Plans (water, wastewater, recycled water)
showing City's ability to serve the proposed annexation area.
(3) Any proposed amendments to City's General Plan.
( 4) Any proposed amendments to the City's Development Code.
Notice and Consultation. City shall notify and consult with County in the early stages of
23 preparing the Master Plan, and not less than 180 days before the first scheduled public hearing.
24 4 . MOU Exhibit 4, Exhibit 5, and Exhibit 6. The map included as Exhibit A, attached hereto
25 and incorporated herein by this reference, shall replace Exhibit 6 to the MOU as of the Effective Date of
26 this Second Amendment. The map included as Exhibit C, attached hereto and incorporated herein by this
27 reference, shall replace Exhibit 4 and Exhibit 5 to the MOU as of the Effective Date of this Second
28 Amendment.
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1 · 5. . . Other terms of MOUUnaffected. Except as expressly modified by the. terms o.fthis Second
. . . .
• 2 · . Amendment, all other terms ofthe MOU shall remain in full force and effect.
3 · ·. IN WI1NESS WHEREOF, the. parties. hereto have· executed this. Second Amenclment in the
4 County of Fresno, State of California, effective on the dateifset forth above.<
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.. · COUNTY OF FRESNO, a Political Subdivision .>
· · of the State of Calif~rnia ("County'l)
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<8 .
. . . . . .
9 Supe
inte o, Chairperson of the Board of · ·
. the County of Fresno
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. . . ATTEST: . 11 .
12. ·BERNICBE. SEIDEL
· · Cierk of the Board of Supervisors
· County of Fresno., State
13. By:(j\~~ ...
14. D~ ... ·~ .. ··.·.·.
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· J :\wdocs\00601 \053\agt\00599798.DOCX
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. ATTEST:
.JOHNHOLT•
· · · .. · · · · . . City Clerk· Cit
of Cal~fornia. .· '·
.. · REVIEWED AND RECOMMENDED FOR
APPROVAL:
LUKE SERPA .
. City Manager, City of Clovis
. . .
APPROVED AS TO LEGAL FORM:·
DAVID J~ WOLFE, City Attorney, City of. ·
· · Clovis . . . . . . . .
By: ~~J~
David J. Wolfe, City Attorney . . . .
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Document Path : H:\ASTEPHANIE\arcmap\Admin\John Holt\Exhibit B • Northeast Expansion Area.mxd
Exhibit B
Northeast Expansion Area
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Clovis City Limits 2017
Current Clovis Sphere of Influence
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