DATE: January 26, 2021
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Second Amendment to Amended and Restated Memorandum of Understanding between County of Fresno and City of Mendota
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute Second Amendment to the Amended and Restated Memorandum of Understanding, Agreement No. 06-029, between the County of Fresno and City of Mendota extending the term of the MOU from February 7, 2021, to February 7, 2022; and
2. Determine that the approval and authorization of the Chairman to execute Second Amendment to the Amended and Restated Memorandum of Understanding between the County of Fresno and City of Mendota is exempt from the requirements of the California Environmental Quality Act, Public Resources Code 2100, et seq., and direct staff to file a Notice of Exemption with the Office of the Fresno County Clerk.
REPORT
Approval of the recommended actions would extend the Amended and Restated Memorandum of Understanding (MOU) between the County of Fresno and City of Mendota from February 7, 2021 to February 7, 2022. The MOU was originally approved in 2006, and addresses land use matters and revenue (property and sales tax) sharing for lands annexed by the City of Mendota. This item pertains to areas located in District 1.
ALTERNATIVE ACTION(S):
None available. If the Recommended Actions are not approved, the MOU will expire on February 7, 2021, in which case the City could no longer annex lands without a valid tax sharing agreement and the County would no longer receive sales taxes generated by the City.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. Approval of the Second Amendment does not modify existing property or sales tax sharing provisions contained in the existing MOU between the County and the City of Mendota.
DISCUSSION:
On February 7, 2006, the Board of Supervisors approved and executed an MOU with the City of Mendota addressing land use and revenue sharing (Agreement No. 06-029). The agreement provides for the sharing of property tax and local sales and use tax revenue between the City of Mendota and the County of Fresno from revenues generated in the City of Mendota. Both parties would like to negotiate a long-term extension, and in anticipation of the forthcoming negotiations for a long-term extension, City and County staff have agreed upon a one-year extension to provide the parties adequate time to negotiate a long-term extension.
California Environmental Quality Act
The proposed amendment to the MOU is exempt under Section 15061, subdivision (b)(3) of the California Environmental Quality Act (CEQA) Guidelines, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, under CEQA Guidelines section 15378, subdivisions (b)(2), (b)(4), and (b)(5), the activity does not meet the definition of a “project.”
OTHER REVIEWING AGENCIES:
The Second Amendment to the MOU between the County of Fresno and City of Mendota was prepared and coordinated between City and County staff. The Mendota City Council approved the Amendment at a public hearing on January 12, 2021.
REFERENCE MATERIAL:
BAI #55, July 8, 2008
BAI #7, February 7, 2006
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Second Amendment to MOU with City of Mendota
CAO ANALYST:
Samantha Buck