which substantial new information shows will be more significant than described in the prior environmental impact report.
An effect of a project is not considered peculiar to the project or parcel if the City employs uniformly applied development standards that substantially mitigate environmental effects of future projects.
Review of the General Plan EIR compared to the IS/MND prepared for the project shows that there are no impacts peculiar to this project or parcel. The IS/MND was prepared in a conservative manner, such that impacts identified in the IS/MND as requiring mitigation measures would be adequately minimized through project features, compliance with law, and/or uniformly applied development standards. Outlined below is the manner in which this is true for each impact identified as significant in the IS/MND.
Biological Resources – The General Plan EIR determined that implementation of General Plan policies would ensure that impacts to biological resources would be less than significant. The analysis of potential project effects and the conditions resulting therefrom are of the nature and scope envisioned by the General Plan EIR. In addition, nesting bird protections are required by law (e.g., the Fish & Game Code and the Migratory Bird Treaty Act) and thus must be assumed to occur.
Cultural Resources – Similarly, the mitigation measures specified in the IS/MND are not due to impacts peculiar to the project, but reflect implementation of General Plan policies, as well as standard conditions of approval and legal requirements that pertain in any event (such as reporting of and action concerning discovery of human remains).
Geology and Soils – The City has the authority to and would typically require a geotechnical report in advance of issuance of a grading or building permit, so the identified mitigation measure is a uniformly applied development standard. Notably, the General Plan EIR identified the mitigation measure below:
MM 4.8.3 Require a geotechnical report or other appropriate analysis be conducted that determines the shrink/swell potential and stability of the soil for public and private construction projects and identifies measures necessary to ensure stable soil conditions.
This measure has been imposed upon the project as a condition of approval and effectuated through Mitigation Measure GEO-1 in the IS/MND, which requires such study.
Hydrology and Water Quality – Compliance with the NPDES program and securing and complying with a SWPPP is a requirement of law and thus need not be a mitigation measure.
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Gary Conte; Mr. Robert Smith
April 28, 2022
Noise – The project will not accept appointments for trucks to bring or retrieve product during nighttime hours. Furthermore, all truck activity within the project will occur on the south side of the buildings. Therefore, the mitigation measure identified in the IS/MND would not be mandated to address any project-specific noise effects beyond those identified in the General Plan EIR.
The project impacts are within the envelope of impacts identified by the General Plan EIR, and there are no impacts peculiar to the project or parcel that were not covered by the General Plan EIR. In addition, neither the IS/MND nor any evidence in the record has identified any off-site or cumulative effects, or more severe impacts based on new information, that were not covered by the General Plan EIR. As such, we suggest that the City Council add the following determination and findings to its decision to uphold the Planning Commission’s decision:
The City Council has determined that the project is exempt from CEQA pursuant to CEQA Section 21083.3 and CEQA Guidelines Section 15183. This exemption is separate and independent from and additional to the project being analyzed and covered in the Initial Study/Mitigated Negative Declaration prepared for the project. The following findings support this determination.
A. The project is consistent with the development density established by the City’s General Plan for which an EIR was prepared.
B. Based upon all of the evidence in the record, there are no significant environmental impacts that (i) are peculiar to the project or parcel, (ii) were not analyzed in the General Plan EIR, (iii) are off-site or cumulative impacts that were not studied in the General Plan EIR, or (iv) are previously identified significant effects that new information shows would be more severe than identified in the General Plan EIR.
C. Uniformly applied development policies or standards have been and will be applied to the project.
D. All feasible mitigation measures identified in the General Plan EIR will be undertaken. Specifically, Mitigation Measure 4.4.2 of the General Plan EIR required that a hazards policy be included within the General Plan. That mitigation measure has been implemented and thus does not apply on a project-specific basis. Mitigation Measure 4.8.3 of the General Plan EIR has been imposed on the project as a condition of approval in the form of Mitigation Measure GEO-1.
We very much appreciate your time in reviewing this information and thank you and the City Council for considering it. Should you have any questions or wish to discuss the issues in advance of the City Council hearing, please contact me at [email protected] or 415-860-
BURKE, WILLIAMS & SORENSEN, LLP
Mr. Gary Conte; Mr. Robert Smith
April 28, 2022
5305 or my partner Stephen Velyvis (who will participate in the City Council hearing) at [email protected] or 650-207-5202.
Sincerely,
Anna C. Shimko
Cc: Adam Hayner
SF #4878-8603-0110 v1
BURKE, WILLIAMS & SORENSEN, LLP
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA DENYING THE
APPEAL OF, AND AFFIRMING THE DECISION OF, THE PLANNING
COMMISSION’S APPROVAL OF SITE PLAN REVIEW 2021-41 (SPR 2021-41) AS CONDITIONED, AND MITIGATED NEGATIVE DECLARATION (ENV 2021-61),
SUBJECT TO MITIGATION MEASURES (AMOND WORLD COLD STORAGE
WAREHOUSE PROJECT)
WHEREAS, Origo Madera Cold, LLC (“Owner”) owns APN 013-200-004 in Madera, California (“site”); and
WHEREAS, the project site is a vacant 15.60-acre property located north of Aviation Drive on the west of Golden State Boulevard and is planned and zoned for Industrial land uses; and WHEREAS, the applicant, VR Design Inc, is seeking a Site Plan Review (SPR) to construct a cold storage warehouse of 253,947 square feet (sf) with site improvements including but not limited to on-site parking, landscaping, stormwater treatment, and trash enclosure. As part of the project the applicant will extend the public right of way, Condor Drive north from Aviation Drive up to and along the entire western property frontage, as proposed by SPR 2021-41; and
WHEREAS, Environmental Assessment 2021-61 (ENV 2021-61), which includes an Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022030604), has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, Section 15000, et seq., and the Madera Municipal Code; and WHEREAS, under the City’s Municipal Code, the Planning Commission is authorized to review and approve site plan reviews and environmental assessments associated with those projects on behalf of the City; and
WHEREAS, the City provided a properly noticed public hearing on the project on March 8, 2022, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission received and reviewed SPR 2021-41 and ENV 2021-61 at a duly noticed meeting on March 8, 2022; and
WHEREAS, on March 8, 2022, the Planning Commission opened the public hearing, closed the public hearing for SPR 2021-41 and ENV 2021-61 and continued the item to the next meeting on April 12, 2022; and
WHEREAS, the Planning Commission received and reviewed SPR 2021-41 and ENV 2021-61 at a duly noticed meeting on April 12, 2022, opened the public hearing, closed the public hearing, at which time all interested parties had the opportunity to be heard; and ---
WHEREAS, the Planning Commission completed its review of the staff report and documents submitted for SPR 2021-41, evaluated the information contained, and considered testimony received as a part of the public hearing process and adopted Resolution No. 1905 approving the Site Permit Review; and
WHEREAS, on April 15, 2022, the Golden State Environmental Justice Alliance appealed the actions of the Planning Commission on the Site Permit Review in accordance with the Madera Municipal Code Chapter 10-3.4.0117; and
WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Councilreceived and reviewed SPR 2021-41 and ENV 2021-61 at a duly noticed meeting, opened the public hearing, at which time all interested parties had the opportunity to be heard, and then closed the meeting; and
WHEREAS, the City Council completed its review of the staff report and documents submitted for SPR 2021-41, evaluated the information contained, and considered testimony received as a part of the public hearing process, and now desires to deny the appeal and approve SPR 2021-41 and ENV 2021-61.
NOW THEREFORE, THE CITY COUNCIL RESOLVES that the foregoing recitals are true and correct and made a part of this resolution.
BE IT FURTHER RESOLVED, by the City of Madera City Council that the proceedings and all evidence introduced before the Planning Commission at the public hearing, including staff reports, attachments, and presentations, are hereby incorporated into the record of this proceeding. These documents, along with any staff reports, documents, testimony, or evidence submitted to the City Council, including all documents specified under applicable State law including Public Resources Code section 21167.6(e), shall comprise the entire record of proceedings for any claims under CEQA.
BE IT FURTHER RESOLVED, by the City of Madera City Council finds an environmental assessment initial study and mitigation monitoring and reporting program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues. Based on this review and assessment, the City Council affirms the Planning Commission finding, and independently finds, that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the significant direct, indirect or cumulative effects on the environment, and that a Mitigated Negative Declaration is appropriate for this project. The City Council further affirms the Planning Commission finding, and independently finds, the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA.
The City Council has fully considered the MND, and finds that SPR 2021-41 is consistent with, and has been fully assessed by, the MND, and that the approval of ENV 2021-61 regarding said MND by the Planning Commission was likewise consistent and appropriate. Based on its independent judgement and analysis and record before it, the City Council finds and determines that there is substantial evidence in the administrative record to support the Planning Commission determination that the project has been adequately environmentally assessed as required by CEQA per ENV 2021-61. Additionally, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per ENV 2021-
61. Based on the foregoing, the City Council affirms the Planning Commission adoption of Mitigated Negative Declaration (ENV 2021-61) for the project, including the associated mitigation monitoring and reporting program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. Further, the City Council independently adopts Mitigated Negative Declaration (ENV 2021-61) for the project, including the associated mitigation monitoring and reporting program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed.
The Planning Department located at 205 West 4th Street, Madera, CA 93637 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the Council's affirmation and adoption of this Mitigated Negative Declaration is based. The Council authorizes and directs the Director of the Planning Department, or designee, to execute and file with the Madera County Clerk, a Notice of Determination for the approval of the project that complies with the CEQA Guidelines.
BE IT FURTHER RESOLVED, that the City of Madera City Council finds and determines that there is substantial evidence in the administrative record to support the Planning Commission’s determination that SPR 2021-41, as conditioned, is consistent with the requirements of the Municipal Code requirements applicable to the SPR 2021-41. Additionally, the City Council also finds and determines that there is substantial evidence in the entire administrative record that SPR 2021-41 , as conditioned, is consistent with the requirements of the Municipal Code requirements applicable to the SPR 2021-41. The City Council further approves, accepts as its own, incorporates as if set forth in full herein, and makes each and every one of the findings, based on the evidence in the record, as follows:
a. The proposal is consistent with the General Plan and Zoning Ordinance.
The property is zoned I (Industrial), which is consistent with the existing General Plan land use designation of I (Industrial). SPR 2021-41 is consistent with the purpose and intent of the I (Industrial) zoning district and does not conflict with City standards or other provisions of the Code.
b. The proposal is consistent with any applicable specific plans.
The property has a specific plan overly with Specific Plan number 1. The proposal is consistent with the existing specific plan and identified development standards within this Specific plan.
The project meets the purpose and intent of the specific plan. c. The proposed project includes facilities and improvements; vehicular and pedestrian ingress, egress, and internal circulation; and location of structures, services, walls, landscaping, and drainage that are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, there will be no adverse effects on surrounding property, light is deflected away from adjoining properties and public streets, and environmental impacts are reduced to acceptable levels.
The project (SPR 2021-41) has been reviewed and is consistent with surrounding uses and with all applicable requirements for development in the Industrial zoning district, including provisions for access to and from the site, parking and loading facilities, drainage, lighting, onsite and off-site improvements. Based on the environmental analysis prepared, the project will not generate significant amounts of noise, light, traffic, or other environments impacts. d. The proposed project is consistent with established legislative policies relating to traffic safety, street dedications, street improvements, and environmental quality.
The project (SPR 2021-41) will be required to install street improvements in accordance with City standards. Related infrastructure improvements will also be required for curb, gutter, storm drainage, utilities and other related street infrastructure in conformance with City standards. The project site has access to Aviation Drive via the proposed Condor Dr. and the proposed street improvements can accommodate traffic generated from the proposed project. Based on the environmental analysis prepared, the project will not have a significant impact on traffic or the environment.
BE IT FURTHER RESOLVED,that for all the foregoing reasons, and each of them, the City of Madera City Council finds that there was no substantial evidence submitted into the administrative record that would warrant denial of either the SPR 2021-41 and ENV 2021-61. As such, the appeal is denied in its entirety. Further, for all of the foregoing reasons and based upon the substantial evidence in the record before it, and given that there is no substantial evidence in the administrative record that would warrant denial, the City Council also independently approves SPR 2021-41 as conditioned.
BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:
Appointment of an Ad-Hoc Committee to negotiate a tax sharing agreement between the City and the County of Madera
RECOMMENDATION:
Appoint Councilmembers to serve on the Ad-Hoc Committee SUMMARY:
Historically, the City and County have entered into a multi-year tax sharing agreement (TSA) to streamline compliance with the annexation requirements found in State law and to address various other issues as desired by both parties. The current agreement is a three-year agreement executed on June 6, 2017 that was set to sunset on June 5, 2020. Per the TSA, the agreement could be extended for two, one (1) year terms upon mutual written agreement prior to expiration. Two, one-year terms extensions were executed.
DISCUSSION:
The State laws that govern the annexation of property require that there be an agreement between a city and county regarding the disposition of property taxes generated by the affected properties. Although this agreement may be reached on a project-by-project basis, in many instances cities and counties enter into "master tax sharing agreements" in order to streamline annexation proceedings. Although the State's requirement is to identify how property taxes will be allocated, the parties to a master TSA may include any issues which they believe are pertinent.
Issues that have commonly been addressed in the past include sales tax sharing, development project referrals, jail booking fees, etc.
Key provisions of the current TSA include the following:
Property tax revenues collected on property that is annexed into the City is shared with the County.
E-1
The County retains the base property tax revenue, which is property tax amount allocated to that jurisdiction in the fiscal year immediately preceding the tax year in which the annexation occurs, and the annual increment is shared with the City receiving one-half (½) of the increment and the County receiving one-half (½) of the increment. The increment is the annual growth of the value of the property, limited by State law (e.g.
Proposition 13) to two percent (2%) per year.
The City pays to the County an amount equal to three percent (3%) of the Bradley Burns sales and use taxes received by the City. The Bradley Burns tax is the one percent (1%) sales and use tax allocated to the City by the State from all sales made within the City of Madera.
City agrees to pay to the County $50,000 annually to be dedicated for the funding of the Madera County Library System.
There is a provision in the agreement for the City to provide law enforcement services to the County in the Parkwood area, which is in the County jurisdiction.
If the TSA is not extended past the agreement term of June 5, 2022, the City will not be able to annex property into the City limits, without the benefit of project level agreements which would be time consuming.
In the spirit of cooperation, staff met with County staff over an extended period to discuss issues that press both agencies. At this time, it may be best to establish a Council Ad-Hoc Committee which would participate in the negotiations. The County has designated two Board of Supervisors to serve on the County’s behalf.
FINANCIAL IMPACT:
There are no additional financial impacts from the extension of the master tax sharing agreement with the County.
ALTERNATIVES:
The Council may elect to not to appoint an Ad-Hoc Committee.
ATTACHMENTS:
1. Existing Master Tax Sharing Agreement (not including the two, one-year extensions) MADERA COUNTY CONTRACT No. L /) B '? ~ -C ~- ~J_OI +
Tax Sharing Agreement between the City of Madera and the County of Madera . rJ.
THIS AGREEMENT is made and entered into this 6 1 day of June, 2017, by and between the COUNTY OF MADERA, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITY OF MADERA, a municipal corporation of the State of California, hereinafter referred to as "CITY".
RECITALS
A. COUNTY and CITY wish to work together to develop a fair and equitable approach to property and sales tax sharing and the encouragement of sound economic growth.
B. In order to encourage economic development and environmentally sound land- use planning, it is important that any tax sharing among COUNTY and CITY be determined in advance to reduce delay and that any arrangement not be fiscally detrimental to either party.
C. Annexation to CITY of areas within its Sphere of Influence benefit CITY and COUNTY and are key to economic development for CITY and COUNTY and without which there will be, in effect, a reduction of the ability of CITY and COUNTY to serve their citizens.
D. Close cooperation between COUNTY and CITY is necessary to maintain the quality of life throughout Madera County and deliver needed services in the most cost- efficient manner to all CITY and COUNTY residents.
E. COUNTY recognizes the need for orderly growth within and adjacent to CITY and for supporting appropriate annexations and promoting the concentration of development within CITY.
F. Annexation which results in the development of urban uses in response to a clearly demonstrated community demand is appropriate; and well planned and fiscally sound redevelopment of underutilized property can be a valuable tool in the physical and economic development of CITY and COUNTY.
NOW, THEREFORE, COUNTY and CITY hereby agree as follows:
AGREEMENT
1. DEFINITIONS. Unless the particular provision or context otherwise requires, the definitions contained in this section and in the Revenue and Taxation Code shall govern the construction, meaning, and application of words used in this Agreement. a. "Base property tax revenues" means property tax revenues allocated by tax rate equivalents to all taxing jurisdictions as to the geographic area comprising a given tax rate area annexed in the fiscal year immediately preceding the tax year in which property tax revenues are apportioned pursuant to this Agreement, including the amount of State reimbursement for the homeowners' and business inventory exemptions. b. Except as provided in§ 3(a), "property tax increment" means revenue from the annual tax increment, as "annual tax increment" is defined in§ 98 of the Revenue and Taxation Code, attributable to the tax rate area for the respective tax year. c. "Property tax revenue" means base property tax revenue, plus the property tax increment for a given tax rate area.
d. "Tax rate equivalent" means the factor derived for an agency by dividing the property tax levy for the prior fiscal year computed pursuant to§ 97 of the Revenue and Taxation Code by the gross assessed value of the agency for the prior fiscal year.
2. SALES TAX REVENUE EXCHANGE.
a. CITY and COUNTY agree that it is the intent of this Agreement that COUNTY receive an amount equal to 3 percent (3%) of the one percent (1.00%) Bradley Burns sales and use taxes received by CITY or an equivalent amount should the State of California exchange all or a portion of sales and use taxes for an increased share of property taxes to CITY.
Nothing herein is intended to allow COUNTY to receive more than three percent (3%) of CITY'S revenue from Bradley Burns sales and use taxes or in lieu receipts for such taxes. In the event that property taxes are exchanged for all or a portion of sales and use taxes, CITY will account for such revenues and transfer an amount equal to three percent (3%) to COUNTY.
b. Nothing herein shall be construed so as to require COUNTY to share with CITY sales tax revenues COUNTY has received within the meaning of California Government Code§§ 55700 through 55707 or Article XIII,§ 29 of the California Constitution.
3. IMPLEMENTATION OF SALES TAX REVENUE COLLECTION.
a. Pursuant to the Bradley Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code § 7200 et seq., hereinafter "Bradley Burns"), CITY shall, within thirty (30) days of the execution of this Agreement, amend its local sales and use tax ordinance. Said amendment shall be expressly made effective the first day following LAFCO approval of the amendment to the City Sphere of Influence. This amendment shall enable COUNTY, pursuant to its sales and use tax ordinance, to collect a portion of CITY's one percent (1%) Bradley Burns sales tax that is generated within the incorporated area of CITY, as follows:
i. Three percent (3.00%) of the CITY's one percent (1.00%), generated from the first day of the month immediately following full execution of this Agreement by all parties for a period of three years or as extended by the parties hereto. b. CITY and COUNTY agree that it is the intent of this Agreement that COUNTY receive three percent (3.00%), generated from the first day of the month immediately following full execution of this Agreement by all parties for a period of three years or as extended by the parties hereto of the one percent (1.00%) Bradley Burns sales and use taxes received by CITY or an equivalent amount should the State of California exchange all or a portion of sales and use taxes for an increased share of property taxes to CITY. Nothing herein is intended to allow COUNTY to receive more than three percent (3.00%) of CITY'S revenue from Bradley Burns sales and use taxes or in lieu receipts for such taxes. In the event 2 that property taxes are exchanged for all or a portion of sales and use taxes, CITY will account for such revenues and transfer an amount equal to three percent (3.00%) to COUNTY.
c. In order to implement the sales and use tax sharing as contemplated in this Agreement so that said tax sharing is effective on the first day of the month immediately following full execution of this Agreement by all parties, CITY shall remit to COUNTY the amount to which COUNTY would have been entitled to pursuant to the provisions of this Agreement until such time as the tax sharing ordinance to be adopted by the City pursuant to Section 3(a) herein is effective and fully implemented by Board of Equalization. Said remittance shall be made within 30 days of the CITY's receipt of such sales and use tax from the Board of Equalization. In the event that CITY makes payment pursuant to this provision and COUNTY is later paid the same amount by the Board of Equalization, COUNTY shall reimburse CITY the amount overpaid within thirty days of COUNTY's receipt of such overpayment.
It is understood by the parties to this Agreement that the terms set forth herein shall not apply to any general or special sales and use tax which might be adopted by the CITY at any time, and the CITY shall retain 100% of any such special sales or use tax.
4. EXCHANGE OF PROPERTY TAX REVENUES TO BE MADE UNDER§ 99 OF THE REVENUE AND TAXATION CODE.
a. The property tax revenues collected in relation to annexations shall be apportioned between CITY and COUNTY as set forth in§ 4(b) below. The parties acknowledge that, pursuant to§§ 54902, 54902.1 and 54903 of the Government Code and§§ 97 and 99 of the Revenue and Taxation Code, the distribution of such property tax revenues will not be effective until the revenues are collected in the tax year following the calendar year in which the statement of boundary changes and the map or plat is filed with the County Assessor and the State Board of Equalization.
b. In regards to the annexation of real properties, COUNTY will retain all of its base property tax revenue upon annexation. CITY shall receive one-half (1/2) of COUNTY's share of the property tax increment for improvements which increase base property tax assessment and COUNTY shall receive one-half (1/2) of COUNTY's share.
5. USE OF REVENUE FOR LIBRARY SERVICES.
CITY AND COUNTY agree that, in addition to the revenues reallocated from the City to the County by this AGREEMENT, the sum of $50,000 shall be paid by the City to the County annually for the term of this Agreement and dedicated by the County to the funding of operations of the Madera Branch of the Madera County Library System. 3 6. CRIMINAL JUSTICE ADMINISTRATION ("BOOKING") FEES.
California Government Code § 29550 provides for the recovery by counties of criminal justice administration ("booking") fees from cities and from other jurisdictions. The State of California currently reimburses the COUNTY for costs associated with booking inmates and the parties agree that COUNTY shall not charge CITY any fees for such costs as long as the State continues such reimbursement. In the event the State discontinues reimbursement of booking fees to the COUNTY, the COUNTY may charge to the CITY an amount up to one half of eligible costs associated with booking CITY inmates in accordance with Government Code§ 29550 et seq. In that event COUNTY shall provide CITY with quarterly invoices upon which the CITY shall pay the COUNTY.
7. DEVELOPMENT WITHIN CITY'S URBAN GROWTH BOUNDARY.
a. Urban development projects which may be contemplated by property owners or developers outside the City limits but within the City's General Plan Urban Growth Boundary, as shown in Exhibit "A", shall be referred to the City for consideration of annexation.
b. For the purpose of this Agreement, "Urban Development Project" means: general plan amendments, specific plan or area plan amendments, rezonings, conditional use permits, site plan reviews, or other discretionary applications requiring approval by the County Planning Commission or Board of Supervisors, or any combination thereof, for commercial, residential or industrial uses. Institutional uses (including but not limited to schools, churches and other public and semi-public uses) and agricultural oriented uses (including but not limited to dairies and food processing facilities) shall be considered commercial uses under this section for those properties within the proposed Sphere of Influence as shown in Exhibit "B".
An Urban Development Project does not include any project for which a complete application was received by County prior to the effective date of this Agreement. c. City shall have 45 days to review the referred project and adopt a resolution of intent to annex if it so chooses. If the City adopts such resolution indicating its intent to annex, it shall have 10 months to take action to prezone the property and approve the project. If City determines that the Urban Development Project requires the preparation of an environmental impact report, City shall have 18 months to complete the prezoning and take action to approve the project.
d. If the City does not adopt a resolution of intent to annex, and if the project is found by City to be consistent with the City's General Plan, County may proceed with its consideration and approval of the Urban Development Project. In those instances, County shall require that the project be developed in conformance with City standards to minimize obstacles to future annexation.
4 e. If the project is not found by City to be consistent with City's General Plan, or if the City adopts a resolution of intent to annex but LAFCO denies the application, then the project shall not proceed in either the City or the County.
f. For Urban Development Projects located within the area shown in Exhibits "C-1 and C-2" (Avenue 18 ½ and SR 99 and Avenue 12 and SR 99), City and County agree to meet and confer to seek a mutually acceptable outcome regarding the development of the project. i) County Chief of Development Services and City Director of Community Development are designated to initiate meet and confer session as necessary under this section. ii) Subsequent to the meet and confer session specified in this section, County may proceed with its consideration and approval of the Urban Development Project for only those areas in Exhibits "C-1 (entirely) and C-2 (only South of Avenue 12)".
8. SPHERE OF INFLUENCE AMENDMENT.
a. CITY will file a request with LAFCO to amend the Sphere of Influence to include the area designated within Exhibit "B". Such request will be made in conjunction with the completion of a Municipal Services Review (MSR), completed in accordance with the policies of Madera LAFCO.
b. COUNTY agrees, through the approval of this Tax Sharing Agreement, that it is in support of the amendment to the Sphere of Influence to include the area designated in Exhibit "B" to facilitate the orderly expansion of the City.
9. LAFCO APPROVAL OF SPHERE OF INFLUENCE AMENDMENT.
a. Both Parties hereto shall be excused from performing their obligations under this Agreement, in the event that for any reason, LAFCO does not approve the Sphere of Influence Amendment within the following timeframes:
i. 8 Months from LAFCO's receipt of a complete application by the City, if LAFCO serves in the Lead Capacity for the preparation of the MSR.
ii. 3 Months from LAFCO's receipt of a complete application by the City, including an MSR, if the City serves in the lead Capacity for the preparation of the MSR. b. If the Parties' performance of their obligations under the referenced sections become excused pursuant to Section l(a) above, such obligations shall again apply upon LAFCO's approval of the Sphere of Influence Amendment and shall be effective from and after such approval by LAFCO.
5 c. During the period in which the Parties' obligations under these Sections are excused, neither party shall accrue any benefits defined in or provided by this Agreement. No monetary payment or other compensation will be due to either Party for the period when both Parties' performance of these obligations is excused. d. During the period in which the Parties' obligations under this sections are excused, the Parties agree that this Agreement will not satisfy the requirements of Section 99 of the Revenue and Taxation Code as to agreement on the exchange of property taxes for City annexations.
e. In the event that LAFCO does not approve the Sphere of Influence Amendment within the times specified in Section 3(a), the Parties agree to meet and confer to determine if alternatives exist to excusing performing under the agreement as described in Sections 3(a) through 3(d). Nothing in this Section 3(d) shall be construed as limiting the authority of either Party to be excused from performance before or after the Parties' meet and confer.
10. CREATION OF PARCEL SIZES LESS THAN 20 ACRES WITHIN SPHERE OF INFLUENCE.
Except in circumstances where both parties agree, land divisions proposing parcels less than 20 acres which are referred to the City for consideration of annexation will be found to be inconsistent with the City's General Plan and shall therefore not be approved. Typical basis for an exception would include division of a previously developed property or creation of a single home site on an agricultural parcel of larger than 20 acres.
11. ADDITIONAL NEW GROWTH AREAS WITHIN CITY GENERAL PLAN PLANNING AREA.
CITY desires the incorporation of a "green belt" or agricultural buffer area around the exterior of its potential urban growth boundary as described in City's General Plan. To this end, County agrees that no New Growth Areas as defined by COUNTY General Plan will be established or designated within the City's General Plan Planning Area.
12. LAW ENFORCEMENT SERVICES TO PARKWOOD.
The City agrees to provide law enforcement services to the County in the Parkwood area as described herein for the Term of the Agreement, unless the Agreement is terminated earlier pursuant to the terms hereof. The Parkwood area, for purposes of this Agreement, is defined as the area bounded by E. Pecan Avenue to the North, Highway 145/S. Madera Avenue to the West, Raymond Thomas Road to the East and the Conrad Street prolongation to the South.
The service delivery level shall be the same as is provided for the City of Madera within the city limits. City shall create a notice which County shall provide to Parkwood residents in the first two utility bills generated after the effective date of this Agreement, informing them that Madera Police Department is providing law enforcement services in the Parkwood area. 6 County shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the City's provision of law enforcement services pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from this Agreement, the County shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
City shall indemnify, defend, and hold harmless the County, and its officers, employees, and agents, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the City's provision of law enforcement services pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County. In the event the County indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from this Agreement, the City shall provide a defense to the County indemnitees, or at the County's option, reimburse the County indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
The Parties to this Agreement expressly agree that this Section 12 providing for law enforcement services is intended to be by and between the County and the City as independent contractors and consequently shall not be construed to create any relationship of employer-employee, agent, servant, partnership, joint venture or any other association between or among the County and the City. Any and all officers performing under this section shall, at all times, exclusively be considered employees of the City. The law enforcement services to be performed by all City officers under this section, including the standards of performance, discipline and control thereof, shall also be the sole responsibility of the City, which shall ensure that its officers provided under this section observe and follow all applicable rules, regulations, policies, practices and standards while performing law enforcement services under this section. All officers performing services under this section shall receive administrative directions and technical support solely from the City Police Department.
13. GENERAL PROVISIONS.
a. Term. This Agreement shall take effect upon being fully executed by both parties and shall be effective for a period of three (3) years, unless terminated prior to that time by mutual agreement of the parties or as otherwise terminated herein. This Agreement may be extended for two one (1) year terms upon mutual written agreement prior to expiration.
b. Termination Due to Operation of Law Or Failure of Party to Perform. In addition, should all or any portion of this Agreement be declared invalid or inoperative by a court of competent jurisdiction, or should any party to this Agreement fail to perform any of its obligations hereunder, or should any party to this Agreement take any action to frustrate 7 the intentions of the parties as expressed (collectively or independently "event") in this Agreement, then in such event, the parties are obligated to negotiate a resolution of the issues presented by such event. Should the parties fail to meet within thirty (30) days of notice of the event triggering the meeting requirement or should the parties fail to resolve the issues presented by the event, then this entire Agreement, as well as any ancillary documents entered into by the parties in order to fulfill the intent of this Agreement, shall immediately be of no force and effect.
c. Termination Due to Changes in Law. The purpose of this Agreement is to alleviate in part the revenue shortfall experienced by COUNTY, which may result from CITY's annexation of revenue-producing or potentially revenue- producing properties located within the unincorporated area of COUNTY. The purpose of this Agreement is also to enable CITY to proceed with territorial expansion and economic growth consistent with the terms of existing law as mutually understood by the parties as well as to maximize each party's ability to deliver essential governmental services. In entering into this Agreement, the parties mutually assume the continuation of the existing statutory scheme for the distribution of available tax revenues to local government and that assumption is a basic tenet of this Agreement. Accordingly, it is mutually understood and agreed that this Agreement may, by mutual agreement be terminated should changes occur in statutory law, court decisions or State administrative interpretations which negate the basic tenets of this Agreement.
d. Modification. This Agreement and all of the covenants and conditions set forth herein may be modified or amended only by a writing duly authorized and executed by COUNTY Board of Supervisors and CITY Council.
e. Enforcement. COUNTY and CITY each acknowledge that this instrument cannot bind or limit themselves or each other or their future governing bodies in the exercise of their discretionary legislative power. However, each binds itself that it will insofar as is legally possible fully carry out the intent and purposes hereof, if necessary by administrative action independent of ordinances, and that this Agreement may be enforced by injunction to the extent allowed by law.
f. Entire Agreement; Supersession. With respect to the subject matter hereof, this Agreement supersedes any and all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between COUNTY and CITY except as otherwise provided herein.
g. Notice. All notices, requests, certifications or other correspondence required to be provided by the parties to this Agreement shall be in writing and shall be delivered by first-class mail or an equal or better form of delivery to the respective parties at the following addresses:
8 COUNTY:
County Administrative Officer
County of Madera Government Center
200 West 4th Street
Madera, CA 93637
CITY:
City Administrator
City of Madera City Hall
205 West 4th Street
Madera, CA 93637
h. Notice of Breach. Prior to this Agreement being terminated by COUNTY for failure by CITY to comply with its material obligations hereunder, COUNTY shall provide notice to CITY of such failure, and CITY shall comply with the terms and conditions of this Agreement within thirty (30) days of receipt of notice. If CITY fails to timely comply, CITY shall be in breach of this Agreement and COUNTY may terminate this Agreement as provided herein. During the thirty (30) day notice period and until CITY certifies its compliance in writing and COUNTY accepts in writing, no property tax transfer agreement, as contemplated by the Revenue and Taxation Code, shall exist between COUNTY and CITY with respect to any pending annexations. In like manner, CITY shall give COUNTY thirty (30) days' written notice and opportunity to cure any alleged material noncompliance, breach, or default of this Agreement on the part of COUNTY before terminating this Agreement as provided herein, except that during that period a property tax transfer agreement shall be deemed to exist. The failure of a party to comply with any material obligation imposed by this Agreement that is not remedied within thirty (30) days shall be a material breach and be a ground for termination. Except as otherwise provided in this Agreement for a breach of its terms and conditions, the parties may enforce this Agreement in any manner authorized by law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Madera, State of California, on the dates set forth above. 9 * * * * * * *** * * * * ***
IN WITNESS WHEREOF of the foregoing Agreement is executed on the date and year first a bove-w ritte n.
Approved as to Legal Form:
COUNTY COUNSEL
Approved as to Form:
ATTEST:
~ u1w~
Madera City Clerk _) Sonia Alvarez
Approved as to Legal Form:
MADERA CITY ATTORNEY
Brent Ri ardson
Approved as to Form:
MADERA CITY ADMINISTRATOR
David~
By: __ ~--""9'---------
10 ~FRA
Mayor, City of Madera
Andrew J. Medellin
Legend
..... General Plan Urban
..._. Growth Boundary and
Urban Development
Project Referral Area
~··-··· L .. - .. J City Limits
= Highways
-- Roads
EXHIBITB
.-'1
029-260-018
029-260-019
029-260-038
029-260-040
029-260-04 7
029-260-049
029-260-050
029-260-051
029-260-052
029-260-059
029-260-060
029-270-025
029-270-028 029-280-004
029-270-036 029-280-027
029-280-003 029-280-031
EXHIBIT C,t
N
A 0 0.0375 0.075 0.15 0.225
--- ------ 0.3
-Miles --- ------ ------
04 7-050-007 04 7-050-060 04 7 -060-040 047-100-041 047-101-008 047-050-017 04 7-060-025 04 7 -060-041 047-100-042 04 7 -1 01-009 04 7 -050-021 047-060-031 04 7 -1 00-004 047-101-002 047-101-010 04 7-050-049 04 7 -060-032 04 7 -1 00-015 047-101-003 04 7 -1 01-011 04 7-050-050 04 7 -060-038 047-100-017 04 7 -1 01-004 047-101-012 04 7-050-059 047-060-039 04 7 -1 00-023 047-101-007 04 7 -1 01-013 047-101-014
047-101-015
047-110-014
047-110-016
047-110-017
N
A 0 0.05 0.1 0.2
0.3 --
- ----------
0.4 -Miles