DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Fourth Amendment to Amended and Restated Memorandum of Understanding between County of Fresno and City of Clovis
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute the Fourth Amendment to the Amended and Restated Memorandum of Understanding between the County of Fresno and City of Clovis regarding the City’s proposed 155-acre Shepherd North Sphere of Influence Expansion and Annexation, located on the north side of E. Shepherd Avenue between N. Sunnyside and N. Fowler Avenue along the northern boundary of the City’s current Sphere of Influence and city limit boundary.
2. Determine that the approval and authorization of the Chairman to execute the Fourth Amendment to the Amended and Restated Memorandum of Understanding between the County of Fresno and City of Clovis is not a project and is exempt from the requirements of the California Environmental Quality Act, Public Resources Code, section 2100, et seq., and direct Department of Public Works and Planning staff to file a Notice of Exemption with the Office of the Fresno County Clerk.
REPORT
Approval of the recommended actions would accommodate future expansion of the City of Clovis’ (City) Sphere of Influence (SOI) by approximately 155 acres and annexation of 77 acres necessary to accommodate development of a 508-lot urban residential subdivision. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
Your Board may choose not to approve the proposed Fourth Amendment (Amendment) to the 2017 Amended and Restated Memorandum of Understanding (MOU) between the City and County. If not approved, the City may choose to proceed to the Local Agency Formation Commission (LAFCo), which considers and acts upon SOI adjustment requests. While LAFCo may approve an SOI adjustment request, annexation may not occur until there is a valid property tax sharing agreement between the City and County
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The proposed Amendment does not modify existing property or sales tax sharing provisions contained in the MOU between the County and City of Clovis and is intended to require the City to carry the financial burden of its SOI expansion and annexation request.
DISCUSSION:
The subject SOI expansion and annexation request is located on the north side of E. Shepherd Avenue between N. Sunnyside and N. Fowler Avenue along the northern boundary of the City’s current SOI and city limit boundary (See Attachment A). The SOI expansion comprises approximately 155 acres with approximately 77 acres devoted to a 508-lot urban residential subdivision that will include a network of public and private residential streets, open space and trails. The proposed development will accommodate a variety of housing types and lost sizes to accommodate a variety of lifestyles.
On May 14, 2024, the City submitted a letter (See Attachment B) requesting the proposed Amendment. In support of their request the City expressed that the proposed SOI expansion and annexation represents a logical development pattern adjacent to the City’s Heritage Grove Growth Area. County staff has evaluated the City’s request and concurs with the request. Future annexation of this area will include the full width of right-of-way along E. Shepherd and N. Sunnyside Avenues. The City would be permanently responsible for the maintenance of those rights-of-way.
Under the terms of the Amendment, the City and County agree to the following:
• County shall express support of the subject SOI and future annexation proposal to LAFCo.
• City shall request LAFCo to schedule a hearing on the SOI and annexation application within six months after the effective date of this Fourth Amendment.
• City shall accept responsibility for any existing code enforcement issues for the annexed property.
• City shall pay required annexation fees and costs.
• City shall be responsible for Fresno County Fire Protection District transition fee.
• City shall require all road reconstruction activity within County right-of-way to comply with City standards.
• City agrees to the timely maintenance and repair of County’s roadway at City’s expense for any repairs created by or related to the subject annexation.
• All new storm drainage shall confirm to the Fresno Metropolitan Flood Control District’s master plan for the area.
• City shall commence and be responsible for specific traffic enforcement activities for Sunnyside Avenue between shepherd and Nees Avenues upon written request from the Director of Public Works and Planning. City shall begin no later than 30 days after receipt of the request.
The above terms have been incorporated into the proposed Fourth Amendment to the City/County MOU.
California Environmental Quality Act
Your Board is not being asked to approve or otherwise commit to the proposed SOI expansion request. Environmental review for the proposed project, inclusive of the SOI expansion and annexation request and proposed residential subdivision, will be conducted with the City as lead agency.
The proposed Amendment is solely intended by the parties to create a government funding mechanism pursuant to section 15378 subdivision (b)(4) of Title 14 of the California Code of Regulations. It is therefore not a “project” as that term is defined by the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 and following) and requires no further environmental review under CEQA.
OTHER REVIEWING AGENCIES:
The proposed amendment was prepared and coordinated between City and County staff. The Clovis City Council discussed and approved the proposed amendment at a public hearing on May 6, 2024.
REFERENCE MATERIAL:
BAI #37, March 9, 2021
BAI #51, October 23, 2018
BAI #68, July 10, 2018
BAI #50, June 6, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment A
Attachment B
On file with Clerk - Fourth Amendment to City/County MOU
CAO ANALYST:
Salvador Espino