HomeMy WebLinkAboutAgreement A-24-273 Fourth Amendment to CityCounty MOU.pdf 23-0987 Agreement No. 24-273
1
FOURTH AMENDMENT TO
2 2017 AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
3
COUNTY OF FRESNO AND THE CITY OF CLOVIS
4
5 This Fourth Amendment to 2017 Memorandum of Understanding ("Fourth Amendment") is
6 executed on June 4tn , 2024 ("Effective Date"), by and between the County of Fresno, a
7 political subdivision of the State of California("County"), and the City of Clovis, a municipal corporation
8 of the State of California ("City"), with respect to the following Recitals, which are a substantive part of
9 this Fourth Amendment. County and City are a "Parry" to this Fourth Amendment and are sometimes
10 collectively referred to as "the Parties."
0
0
11 RECITALS
12 A. The Parties previously entered into a comprehensive agreement covering development,
UN
H 6, 13 annexations,sales taxes,property taxes, and other matters,which is entitled"2017 Amended and Restated
.�
� x
z a o 14 Memorandum of Understanding," dated June 6, 2017 ("2017 MOU").
"�;� 15 B. On June 6, 2017, the Parties executed a First Amendment to the 2017 MOU (County
16 Agreement No. 17-236). On July 10, 2018, the Parties executed a Second Amendment to the 2017 MOU
17 (County Agreement No. 18-380). On March 9, 2021, the Parties executed a Third Amendment to the
18 2017 MOU (County Agreement No. 21-072). Collectively, the 2017 MOU, First Amendment, Second
19 Amendment, and Third Amendment are referred to as the"MOU."
20 C. It has become apparent to the Parties that an amendment to the MOU is necessary and
21 desirable to accommodate changes in the patterns of new urban growth and development that City is
22 experiencing as it regulates and facilitates the build-out of its Sphere of Influence ("SOI").
23 D. The City has notified the County of its desire to file a SOI proposal identified as the
24 Shepherd North Sphere of Influence Expansion Area to the Fresno Local Agency Formation Commission
25 ("LAFCo") for a 155-acre expansion of the City's SOI from Shepherd Avenue to Perrin Road and
26 Sunnyside Avenue to Fowler Avenue as shown in the map attached hereto as Exhibit A.
27 E. The City's SOI proposal will be accompanied by an annexation proposal identified as the
28 "Shepherd-Sunnyside Northeast Reorganization Project" to LAFCo for annexing 77 acres of land for
I development of a residential subdivision, as shown in the map attached hereto as Exhibit A.
2 F. For the Shepherd-Sunnyside Northeast Reorganization Project to be developed, it must be
3 annexed into the City, which would extend a peninsula of the City north of Shepherd Avenue, between
4 Sunnyside Avenue and Fowler Avenue, which peninsula would be consistent with the associated SOI
5 request, but would not be consistent with the Standards for annexation set forth in the MOU.
6 G. The Shepherd-Sunnyside Northeast Reorganization Project represents a logical
7 development pattern in that it is under one ownership who desires annexation to the City and has presented
8 a tentative subdivision map for residential development to the City.
9 H. The parties recognize that this Fourth Amendment to the MOU is necessary to
10 accommodate the Shepherd North Sphere of Influence Expansion and the Shepherd-Sunnyside Northeast
0
11 Reorganization Project annexation and memorialize the City's agreement to certain conditions associated
a
12 with said annexation.
U�
H o 13 NOW, THEREFORE, County and City hereby agree to amend the MOU as follows:
z 0 14 AGREEMENT
a
oM 15 1. Amendment of City's SOI. County consents to an amendment of City's SOI to include the
N n 16 Shepherd North Sphere of Influence Expansion Area as depicted in Exhibit A attached hereto, and City
2, 17 may process the amendment through LAFCo.
18 2. City's Annexation.
19 a. Section 2.9 is added to Article 11 of the MOU, as follows:
20 462.9. At such time as City applies to LAFCo for the annexation of the Shepherd-
21 Sunnyside Northeast Reorganization Project, the boundaries of which are described in
22 Exhibit 8 [Exhibit A attached to the Fourth Amendment to this MOU] attached and
23 incorporated herein by reference, County agrees to express support for the annexation
24 by letter or by staff appearance before LAFCo."
25 b. Section 2.10 is added to Article 11 of the MOU, as follows:
26 "2.10. The County and the City agree that the Shepherd-Sunnyside Northeast
27 Reorganization Project would be best served by being annexed to the City, and the
28 County and the City each agree to support annexation of the area and will express such
-2-
I support to LAFCo at appropriate times as set forth herein. The City shall request
2 LAFCo to schedule a hearing on the annexation application within six (6)months after
3 the Effective Date of the Fourth Amendment to this MOU.
4 In accordance with the Cortese-Knox-Hertzberg Local Government Reorganization
5 Act of 2000, if LAFCo approves the annexation of the Shepherd-Sunnyside Northeast
6 Reorganization Project and there is an insufficient protest, the area will be annexed to
7 the City. If there is a protest sufficient to require an election,the City will continue with
8 the LAFCo process through the election procedure.
9 If LAFCo fails to approve the annexation of the Shepherd-Sunnyside Northeast
10 Reorganization Project, or if the annexation is defeated at an election, the City will
0
M 11 make good faith efforts to actively pursue incremental annexation of the area as the
0
12 consent of various property owners can be obtained and logical annexation areas can
V CO
N
H o 13 be defined.
o t w 14 Upon the completion of the Shepherd-Sunnyside Northeast Reorganization Project
z = CD
a
o�M 15 annexation, the City shall be responsible for any existing code enforcement issues for
bM1
16 the annexed property. The City shall pay required annexation fees and costs in addition
17 to providing other preparation work. The City shall be responsible for the Fire District
18 Transition Fee in accordance with its Transition Agreement with the Fresno County
19 Fire Protection District."
20 C. Section 2.11 is added to Article II of the MOU, as follows:
21 "2.11. Upon the completion of the Shepherd-Sunnyside Northeast Reorganization
22 Project annexation, the City agrees to do the following:
23 i. When development activity requires the construction of municipal utilities in
24 County road rights-of-way adjacent to the annexed area,the City shall require
25 reconstruction of affected sections of such roads to City standard cross-
26 section specifications.
27 ii. As a part of its development entitlement process, City shall require
28 developer(s) to obtain a County encroachment permit prior to constructing
-3 -
I municipal utilities in County road rights-of-way adjacent to the annexed area.
2 City agrees to the timely maintenance and repair of the County's roadway
3 adjacent to the annexed area at City's expense for any repairs created by or
4 related to the Shepherd-Sunnyside Northeast Reorganization Project
5 annexation.
6 iii. All existing storm drainage patterns and all storm drainage generated as a
7 result of development activity in the annexed area shall be accommodated by
8 existing or project-installed Master Planned Storm Drainage infrastructure
9 and shall not contribute to surface flows or ponding within the unincorporated
10 areas. All new storm drainage shall conform to the Fresno Metropolitan
0
0
11 Flood Control District's master plan for the area.
12 iv. Upon written request from the Fresno County Director of Public Works and
U O
H o 13 Planning to the Clovis City Manager, the City shall commence and be
za o 14 responsible for specific traffic enforcement activities for Sunnyside Avenue
�o
'- 15 between Shepherd and Nees Avenues within the confines of the Dry Creek
wmT
2 16 Preserve area beginning no later than thirty (30) days after receipt of the
17 request."
18 3. MOU Exhibits Relating to SOI Expansion and Annexation. The map included as Exhibit
19 A attached hereto and incorporated herein by this reference shall be Exhibit 8 to the MOU as of the
20 Effective Date of this Fourth Amendment.
21 4. Amendment to MOU. Upon the Effective Date, the MOU and this Fourth Amendment
22 shall together constitute the MOU.
23 5. Other teens of MOU Unaffected. Unless expressly modified by the terms of this Fourth
24 Amendment, all other terms of the MOU shall remain in full force and effect.
25
26
27 [Remainder of page blank—Signatures on next page]
28
-4-
I IN WITNESS WHEREOF,the Parties hereto have executed this Fourth Amendment in the County
2 of Fresno, State of California, to be effective on the Effective Date set forth above.
3
4 COUNTY OF FRESNO, a Political Subdivision CITY OF CLOVIS, a Municipal Corporation
of the State of California of the State of California
5
("County") C"City")
yam_
6 By: ----- By: � 't
Nathan Magsig, Chairman of the Board of Lynne Ashbeck,Mayor of the
7 Supervisors of the County of Fresno City of Clovis
8 ATTEST: ATTEST:
9
BERNICE E. SEIDEL ANDREW HAUSSLER
10 Clerk of the Board of Supervisors Interim City Clerk,City of Clovis
County of Fresno. State of California
M 11 By.
12 By: A Haussler, Interim City Clerk
Deputy
H o 13 REVIEWED AND RECOMMENDED FOR
9'^ APPROVAL:
CA2!
0U 14
N ;8 JOHN HOLT
' 15 City Manager, C' 'y of Clovis
a= 16
rn u B
g H 17 Y' Jdi�i Holt
18 APPROVED AS TO LEGAL FORM:
19 SCOTT G. CROSS
20 City Attorne ,yCiitty o/f Clovviis
21 BY: �
Scott G. Cross
22
23
24 ]:\wdocs\OM71001\ag\01033897.DOCX
25
26
27
28
-5-
CITY ,-, CL0VI5
Proposed Shepherd North Sphere of Influence Expansion & Annexation L :,, I U L -,
- - - - —,
E -
- - -
w Springtime I ,�
a�
Summerset
0
Cdy limits
Lexington - L.
i Sphcrc of Intlu[roc
Windmill Proposed Boundaries
-- ----_ Annexation
Sphere of tnfluetxe Expansion
Heirloom OF
PIP
Bloom -
Vintage
0/0
Pioneer
N
I _'4.
w• •E
2la�`oi Farmhouse i ~ga:A
1
Feet
=owl, P., td -_. _ - S' gig 0 140 280 560
EXHIBIT A Tuesday,June 20, 2023