OF PARI
CITY COUNCIL OF PARLIER
SPECIAL MEETING
AGENDA
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3y/cM9NWQGLdwpBCmoAQ DATE: WEDNESDAY, JUNE 22, 2022
TIME: 5:00 PM
PLACE: Parlier City Hall
1100 E. Parlier Avenue
Parlier, CA 93648
CALL TO ORDER/WELCOME:
Roll Call: Mayor Alma M. Beltran, Mayor Pro-Temp Trinidad Pimentel, Councilwoman Diane Maldonado, Council woman Sabrina Rodriguez, Council woman Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.
CONSENT CALENDAR:
All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of items appearing on the Consent Calendar unless requested to be removed for separate discussion and acted on by separate vote.
1. Approve waiving all rental fees for the use of the Parlier Community Pool for Summer Robotics Program by the Reedley College/PUSD. Will provide liability insurance and reimburse City for lifeguard fee. From now to July 8, 2022.
REGULAR BUSINESS:
2. SUBJECT: Consideration and necessary action on Accepting Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Parlier.
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2022- 33 authorizing the City Manager to accept the "Cannabis Tax Fund Grant Program (CTFP)" and enter into the grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is $180,565 for the period of July 1, 2022 through June 30, 2023.
3. SUBJECT: Consideration and necessary action on Approving the application for Grant Funds for California Strategic Growth Council Transformative Climate Communities Program (TCC).
RECOMMENDATION: Staff recommends that the City Council Adopt Resolution No. 2022- 34 Approving the Application for Grant Funds for California Strategic Growth Council Transformative Climate Communities Program (TCC).
4. SUBJECT: Consideration and Necessary Action on Resolution No. 2022-35 Approving and Authorizing Execution of Second Amended and Restated Memorandum of Understanding between City of Parlier and County of Fresno.
RECOMMENDATION: Staff recommends that Council approve Resolution Approving and Authorizing Execution of Second Amended and Restated Memorandum of Understanding between City of Parlier and County of Fresno.
5. SUBJECT: Consideration and Necessary Action on Approval of the Resolution to Authorize the City Manager to execute the General Services Agreement for a five-year contract to place one Soofa communication and wayfinding sign in Downtown Parlier.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution No. 2022-36 to place one Soofa communication and wayfinding sign in Downtown Parlier and authorize the City Manager to execute all General Service Agreements and any amendments.
PUBLIC COMMENT ON CLOSED SESSION
THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COUNCIL ON AN ITEM WHICH IS TO BE CONSIDERED DURING CLOSED SESSION. SPEAKERS SHALL LIMIT THEIR COMMENTS TO THREE (3) MINUTES.
CLOSED SESSION:
6. Public Employment Pursuant to Government Code Section 54957 All Positions.
ADJOURNMENT
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the City's website at www.parlier.ca.us
OF PARL
AGENDA ITEM: #/
MEETING DATE: 6/22/2022
DEPARTMENT: Administration
REPORT TO CITY COUNCIL
SUBJECT:
Reedley College/PUSD request the use of the swimming pool for their Summer Robotics Program and consideration to waive fees for use of the pool.
RECOMMENDATION:
Staff recommends the City Council allow the use of the pool starting June 23, 2022 until July 8, 2022 from 9am to 12pm and the waiver of fees.
DISCUSSION:
Reedley College and PUSD district have teamed up to provide a Summer Robotics Program to students. As part of the course, they would need a swimming pool to test their underwater robots they have constructed. They would need the pool several days from now to July 8, 2022 from 9am to 12pm.
FISCAL IMPACT:
The fees associated with pool rental. The school district will pay the lifeguard fees.
Prepared by:
Smaller
Sonia Hall, City Manager
OF PARL AGENDA ITEM: #2
MEETING DATE: 6/22/22
DEPARTMENT: Administration/PD
REPORT TO CITY COUNCIL
SUBJECT:
Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Parlier RECOMMENDATION:
Adopt Resolution 2022- XX authorizing the City Manager to accept the "Cannabis Tax Fund Grant Program (CTFGP)" and enter into the grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is $180,565 for the period of July 1, 2022 through June 30, 2023.
BACKGROUND:
Grant funding would build upon our current traffic safety efforts by allowing patrol and motor officers opportunities to address traffic safety and impaired driving - in addition to and outside of their regularly scheduled duties. Additionally, the funds would provide opportunities for all of our officers to be trained in developing skills in recognizing, interpreting and administering the Standardized Field Sobriety Tests, write reports, and testify in court for cases involving driving under the influence. At least 4 to 6 officers will receive Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) and at least two will receive the training as a Drug Recognition Expert (DRE) which is the highest. This will eventually lead to the Parlier PD DRE becoming a trainer and the PD conducting trainings from the Parlier PD facility.
FISCAL IMPACT:
There is no fiscal impact for adopting the authorizing resolution to accept funding. There is no match requirement and/or leveraging of funds required.
Prepared and approved by:
Simles
Sonia Hall, City Manager
RESOLUTION 2022-XX
ACCEPTANCE OF CHP CANNABIS TAX FUND LAW ENFORCEMENT GRANT FY2022/2023
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up the necessary procedures governing the application; and; WHEREAS, said procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the state; and WHEREAS, successful Applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope; and
WHEREAS, the Parlier Police Department submitted an application for funding from the CHP Cannabis Tax Fund Grant Program FY2021/2022; for the following items:
• Police Officer Training/Education
• Conduct Community Outreach/Education
• Purchase Equipment
• Operations
WHEREAS, the Parlier Police Department has received notice of conditional approval for grant funding, Exhibit A, in the amount of $180,565; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Parlier that the City Manager, or designee, is hereby authorized to execute the agreement, and any follow up amendments with the California Highway Patrol for the CHP Cannabis Tax Fund Law Enforcement Grant FY2022/2023 in an amount of $180,565 for the term of July 1, 2022 through June 30, 2023.
AGENDA ITEM: # 3
OF
PARLIE,
MEETING DATE: 6/22/2022
DEPARTMENT: Administration
REPORT TO CITY COUNCIL
SUBJECT: APPROVING THE APPLICATION FOR GRANT FUNDS FOR
CALIFORNIA STRATEGIC GROWTH COUNCIL TRANSFORMATIVE CLIMATE
COMMUNITIES PROGRAM (TCC)
RECOMMENDATION: APPROVING THE APPLICATION FOR GRANT FUNDS FOR
CALIFORNIA STRATEGIC GROWTH COUNCIL TRANSFORMATIVE CLIMATE
COMMUNITIES PROGRAM (TCC)
BACKGROUND:
This is a Planning Grant through the Strategic Growth Council to study the area of the Kash site and determine possible uses for this site that would be beneficial to the city.
Currently, the city is responsible for maintaining this site and because it is an old solid waste site, it is considered a "useless" property unless we can find a way to transform it through the Transformative Climate Communities Program.
FISCAL IMPACT: There is no match requirement for this program.
Prepared by: Sonia Hall
Simander
Approved by: Sonia Hall, City Manager
Attachments:
• Resolution
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item
Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
RESOLUTION NO. 2022-XX
APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA
STRATEGIC GROWTH COUNCIL TRANSFORMATIVE CLIMATE COMMUNITIES
PROGRAM (TCC)
WHEREAS, for Fiscal Year 2021-2022, the Legislature and Governor of the State of California have provided funds for the program shown above and delegated the Strategic Growth Council the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Strategic Growth Council require a resolution certitying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, per the guidelines of the grant program, the City of Parlier is identified as a city eligible for funding; and
WHEREAS, the Grantee will enter into a grant agreement with the State of California and be responsible for compiling and submitting all invoices and reporting documents; and
WHEREAS, the city, if selected, will enter into an agreement with the State of California to carry out the TCC grant; and
WHEREAS, the Strategic Growth Council adopted a timeline indicating the full application is due July 1, 2022; and
WHEREAS. the City of Parlier along with two other co-applicants Intends to submit a TCC Planning Grant; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Parlier as follows:
1. The foregoing findings and recitals are true, correct, and incorporated herein.
2. The City Council approves the City of Parlier to serve as the lead application for the Planning grant application due by July 1, 2022.
3. The City Council authorizes the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment requests and so on, which may be necessary for the grant.
APPROVED AND ADOPTED on this _ day of _,2022. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Parlier following a roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Alma Beltran
ATTEST:
Dorothy Garza, City Clerk
#4
1 SECOND AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
2 THE COUNTY OF FRESNO AND THE CITY OF PARLIER
3 THIS SECOND AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING 4 (hereinafter " RESTATED MOU") is made and executed by and between the COUNTY OF FRESNO, a 5 political subdivision of the State of California (hereinafter referred to as "COUNTY"), and the City of 6 PARLIER, a municipal corporation of the State of California (hereinafter referred to as "CITY. 7 WITNESSETH
8 WHEREAS, on July 10, 2007, COUNTY and CITY entered into a comprehensive agreement 9 covering development, annexations, sales taxes, property taxes, and other matters, referred to as the 10 2007 Amended and Restated Memorandum of Understanding ("2007 MOU"); and 11 WHEREAS, the 2007 MOU served in part as COUNTY's and CITY's master property tax transfer 12 agreement under subdivision (d) of section 99 of the Revenue and Taxation Code; and 13 WHEREAS, the 2007 MOU also included provisions relating to redevelopment and included as 14 a party the former Selma Redevelopment Agency, which CITY dissolved on February 1, 2012, following 15 the State adopted comprehensive legislation, Assembly Bill X1 26 (Stats. 2011, 1st Ex. Sess. Chp. 5), 16 dissolving California redevelopment agencies and prohibiting further redevelopment activities under the 17 California Community Redevelopment Law (former Health and Safety Code Section 33000 et seq.); 18 and
19 WHEREAS, the 2007 MOU, as amended, is set to expire July 10, 2022; and 20 WHEREAS, COUNTY and CITY desire to make additional changes to their comprehensive 21 agreement set forth in the 2007 MOU, and to extend the term of their comprehensive agreement for an 22 additional 15 years; and
23 WHEREAS, due to the age of the 2007 MOU and the desire to make additional changes to the 24 2007 MOU, COUNTY and CITY have determined that it is in their best interests to enter into this 25 RESTATED MOU, which will supersede and replace the 2007 MOU; and 26 WHEREAS, COUNTY and CITY wish to continue to work together to develop a fair and equitable 27 approach to tax sharing and the encouragement of sound economic growth; and 28 1
1 WHEREAS, in order to encourage economic development and environmentally sound land use 2 planning, it is important that any tax sharing among COUNTY and CITY be determined in advance and 3 that such arrangements not be fiscally detrimental to either COUNTY or CITY; and 4 WHEREAS, COUNTY and CITY recognize the importance of COUNTY and CITY services and 5 are prepared to cooperate in an effort to address COUNTYs and CITYs fiscal issues; and 6 WHEREAS, through annexation CITY provides the opportunity for economic growth and 7 development to support public services for CITY and COUNTY; and 8 WHEREAS, close cooperation between COUNTY and CITY is necessary to maintain the quality 9 of life throughout Fresno County and deliver needed services in the most cost-efficient manner to all CITY 10 and COUNTY residents; and
11 WHEREAS, COUNTY recognizes the need for orderly growth within and adjacent to CITY and 12 for supporting appropriate annexations and promoting the concentration of development within CITY; and 13 WHEREAS, CITY recognizes that development within CITY limits may also have the effect of 14 concentrating revenue-generating activities within CITY rather than in unincorporated areas and that, as 15 a result of Proposition 13 and its implementing legislation, annexation by CITY of unincorporated territory 16 can result in a loss of revenue sources for COUNTY unless there is significant new development activity 17 as a result of annexation; and
18 WHEREAS, annexation is appropriate where it results in the development of urban uses in 19 response to a clearly demonstrated community demand, and it can be a valuable tool in the physical and 20 economic development of CITY and COUNTY; and
WHEREAS, the parties recognize that COUNTY General Plan Goal LU-G provides that COUNTY 22 will direct urban growth and development within the cities spheres of influence to existing incorporated 23 cities and will ensure that all development in city fringe areas is well planned and adequately served by 24 necessary public facilities and infrastructure and furthers countywide economic development goals; and 25 WHEREAS, the parties recognize that when urban growth and development is directed to cities 26 there is a lost opportunity of development by COUNTY in the unincorporated area and that sharing of 27 local sales and use taxes generated by such development would serve as a tool for the COUNTY to 28 participate in receiving a share of that new revenue; and 2 1 WHEREAS, it is the interest of the parties to require all new urban development to pay a roughly 2 proportionate share of the cost of urban services and infrastructure created by the development, whether 3 it occurs in the CITY or in the adjacent unincorporated area of the CITY's sphere of influence. 4 NOW, THEREFORE, COUNTY and CITY hereby agree as follows:
5 ARTICLE I
6 DEFINITIONS
7 Unless the particular provision or context otherwise requires, the definitions contained in this 8 article and in the Revenue and Taxation Code shall govern the construction, meaning, and application of 9 words used in this RESTATED MOU.
10 1.1 "Base property tax revenues" means property tax revenues allocated by tax rate 11 equivalents to all taxing jurisdictions as to the geographic area comprising a given tax rate area annexed 12 in the fiscal year immediately preceding the tax year in which property tax revenues are apportioned 13 pursuant to this RESTATED MOU, including the amount of State reimbursement of the homeowners' and 14 business inventory exemptions.
15 1.2 "Property tax increment" means revenue from the annual tax increment, as "annual tax 16 | increment" is defined in Section 98 of the Revenue and Taxation Code, attributable to the tax rate area 17 for the respective tax year.
18 1.3 "Substantial development" or "substantially developed" means real property which, prior 19 to annexation, has an improvement value to land value ratio equal to or greater than 1.25:1, as of the lien 20 date in the fiscal year in which the annexation becomes effective under the Cortese-Knox Local 21 Government Reorganization Act, and on and after January 1, 2000, the Cortese-Knox-Hertzberg Local 22 Government Reorganization Act of 2000.
23 1.4 "Property tax revenue" means base property tax revenue, plus the property tax increment 24 | for a given tax rate area.
25 1.5 "Tax apportionment ratio" means the tax apportionment ratio of the parties for a given 26 fiscal year and shall be ascertained by dividing the amount determined for each party pursuant to Revenue and Taxation Code Sections 96(a) or 97(a), whichever is applicable, by that party's gross 28 3
1 assessed value, and by then dividing the sum of the resulting tax rate equivalents of both parties into 2 each party's tax rate equivalent to produce the tax apportionment ratio. 3 1.6 "Tax rate equivalent" means the factor derived for an agency by dividing the property tax 4 levy for the prior fiscal year computed pursuant to Section 97 of the Revenue and Taxation Code by the 5 gross assessed value of the real property within the jurisdiction of the agency for the prior fiscal year. 6 1.7 "Effective Date" shall mean the last date that all the parties hereto execute this Restated 7 MOU between COUNTY AND CITY.
8 1.8 "Urban development" or "urban type development" shall mean development not allowed 9 in areas designated Agriculture, Rural Residential or River Influence in COUNTY's General Plan or its 10 applicable community plans as of the Effective Date of this RESTATED MOU. 11 ARTICLE I|
12 ANNEXATIONS BY CITY
13 2.1 Any annexations undertaken by CITY following the date of the execution of this 14 RESTATED MOU shall be consistent with both the terms of this MOU and the standards (hereinafter 15 "The Standards" or "Standards") as set forth in Exhibit "1", attached hereto and incorporated by reference 16 herein as if set fourth fully at this point. This RESTATED MOU shall not apply to annexations proposed 17 by CITY which are not in compliance with its terms or which fail to meet The Standards. If a proposed 18 annexation is not in compliance with the terms of this RESTATED MOU, including but not limited to, The 19 Standards, then the property tax exchange provisions of Article Il of this RESTATED MOU shall not 20 apply in regards to that proposed non-complying annexation. An exchange of property tax revenues between COUNTY and CITY for any such non-complying annexation shall be handled individually 22 pursuant to subdivision (e) of Section 99 of the Revenue and Taxation Code or by the negotiation of a 23 standalone property tax exchange agreement between COUNTY and CITY. 24 2.2 In order to encourage the orderly processing of proposed annexations, CITY shall, at least 25 /thirty (30) days prior to filing any annexation proposal with the Fresno County Local Agency Formation 26 Commission (hereinafter "LAFCO"), notify COUNTY of its intention to file such proposal and the date 27 upon which CITY expects such proposal to be filed. Upon COUNTY's request, CITY agrees to meet with 28 COUNTY to review whether its proposed annexation complies with The Standards. Within fifteen (15) 4 1 days after the date COUNTY receives notice by the CITY of its annexation proposal, COUNTY shall notify 2 CITY in writing if it has determined that the proposed annexation is inconsistent with The Standards. 3 Upon receipt of such notification, CITY may either modify the proposal to address the inconsistencies 4 with the Standards identified in the COUNTY's written notice or adopt a resolution finding that the 5 proposed annexation is, in CITY's determination, consistent with The Standards. If County fails to give 6 such notice within the fifteen-day period, the annexation shall be conclusively deemed consistent with all provisions of this article and The Standards.
8 2.3 If CITY adopts a resolution making the findings described in Section 2.2, above, then 9 COUNTY may challenge such findings by appropriate court action filed within thirty (30) days of receipt 10 of written notice of the adoption of CITYs resolution. The court shall independently review the evidence 11 and determine whether the proposed annexation is consistent with the Standards. 12 As an alternative to a judicial challenge by the COUNTY, the parties may within the aforesaid 13 thirty (30) day period mutually agree in writing to arbitrate their dispute through proceedings conducted 14 in accordance with the rules established by the American Arbitration Association. The parties upon 15 agreeing to arbitrate will proceed with arbitration in a timely manner. The arbitrator hearing the matter 16 shall independently review the evidence and determine whether the proposed annexation is consistent 17 with The Standards.
18 Costs incurred by the prevailing party, either in court proceedings or the arbitration proceedings, 19 shall be paid by the non-prevailing party. The parties agree that CITY shall not proceed to LAFCO with 20 the proposed annexation until the dispute is finally resolved either by court or arbitration proceedings. If 21 CITY attempts to proceed with such proposed annexation prior to the expiration of the period in which 22 COUNTY may file its court action or agree to arbitrate, or prior to the final conclusion of such court or 23 arbitration proceeding, then the property tax exchange provisions of Article III of this RESTATED MOU 24 shall not apply to that proposed annexation.
25 Notwithstanding the foregoing, the CITY may proceed to LAFCO under this RESTATED MOU if 26 court or arbitration proceedings are not completed within thirty (30) days after the filing thereof provided, 27 however, that LAFCO in its resolution of approval, at the request of the CITY, conditions such approval 28 upon the Executive Officer's receipt of a certified copy of the document evidencing the finality of the 5 1 aforesaid court or arbitration proceedings determining that the proposed annexation is consistent with 2 the Standards attached hereto, or alternatively, receipt of a written stipulation of the CITY and COUNTY 3 agreeing that the annexation complies with the Standards and permitting the completion of such 4 proposed annexation. If LAFCO declines to conditionally approve the annexation as provided in this 5 paragraph or CITY fails to timely request such conditional approval of the annexation, then the property 6 tax exchange provisions of Article Ill of this RESTATED MOU shall not apply. If, at the request of the 7 CITY, LAFCo approves the annexation over the objections of the County, such approval by LAFCo shall 8 be deemed good cause for the COUNTY at its option to terminate this RESTATED MOU. 9 2.4 For the purpose of promoting economic development and job creation, an Alternate 10 Standard for Annexation for industrial or regional commercial uses is hereby created. In the place of The 11 Standards set forth in Exhibit 1, the Alternate Standard for Annexation shall apply to and govern the 12 review of annexation proposals for industrial or regional commercial uses. Annexation proposals for 13 industrial/regional commercial uses shall include a conceptual development plan, as described herein. 14 The conceptual development plan shall consist of the economic objectives to be achieved, the service 15 and financing strategy and its schedule, and shall include a map of the proposed prezoning. The 16 conceptual development plan's schedule shall include milestones for major project components, to 17 measure the progress of the project. Due to the complexity of such projects the development schedule 18 for planning and implementation may reasonably require a period of from five to ten years. The 19 annexation proposal shall be submitted to and reviewed by the COUNTY pursuant to Section 2.2. 20 Annexation proposals that comply with the criteria of this Section 2.4 shall, be deemed to comply with 21 Section 2.1. The annexation application to be submitted to LAFCO shall be considered complete upon 22 adoption of the prezoning by the CITY. COUNTY and CITY agree to meet annually to review the progress 23 toward the achievement of the economic development objectives and to identify ways to promote mutual 24 economic development objectives. The proposed annexation made under this Alternate Standard for 25 Annexation described in this Section 2.4 should not create islands and annexation boundaries must 26 ultimately minimize creation of peninsulas, corridors, or other distortion of boundaries. 27 2.5 Section 2.4 shall not apply if CITY rezones an area that was annexed using the Alternate 28 Standard for Annexation to a zone other than Industrial/Regional Commercial without COUNTYs consent. 6 1 ARTICLE III
2 EXCHANGE OF PROPERTY TAX REVEVUES TO BE
3 MADE UNDER SECTION 99 OF THE REVENUE AND TAXATION CODE 4 3.1 The property tax revenues collected in relation to annexations covered by the terms of this 5 RESTATED MOU shall be apportioned between CITY and COUNTY as set forth in Sections 3.2 and 3.3 6 below. The parties acknowledge that, pursuant to Sections 54902, 54902.1 and 54903 of Government 7 Code and Section 99 of the Revenue and Taxation Code, the distribution of such property tax revenues 8 will not be effective until the revenues are collected in the tax year following the calendar year in which 9 the statement of boundary changes and the map or plat is filed with the County Assessor and the State 10 Department of Tax and Fee Administration.
11 3.2 In regards to the annexation of real properties which are not considered substantially 12 developed at the time of annexation, COUNTY will retain all of its base property tax revenue upon 13 annexation. The amount of the property tax increment for special districts whose services are assumed 14 by CITY shall be combined with the property tax increment of the COUNTY, the sum of which shall be 15 allocated between CITY and COUNTY pursuant to the following tax apportionment ratio:
16 COUNTY: 63%
17 CITY: 37%
18 Effective July 1, 2022, these property tax-sharing ratios shall be as shown in Exhibit "2". 19 3.3 In regards to the annexation of real properties which are considered substantially 20 developed at the time of annexation, property tax revenue (base plus increment) will be reallocated as 21 follows: a detaching or dissolving distric's property tax revenue (base plus increment) shall be combined 22 with COUNTY's and the sum of which shall be allocated between CITY and COUNTY pursuant to the 23 ratio set forth in Section 3.2.
24 ARTICLE IV
25 DEVELOPMENT WITHIN AND ADJACENT
26 IO CITY'S SPHERE OF INFLUENCE
27 AND COUNTY'S CAPITAL IMPROVEMENT FEES
28 7
1 4.1 COUNTY shall not approve any discretionary development permits for new urban development 2 within CITY's sphere of influence unless the development shall have first been referred to CITY for 3 consideration of possible annexation. If CITY does not, within sixty (60) days of receipt of notice from 4 COUNTY, adopt a resolution of application to initiate annexation proceedings before LAFCO, COUNTY 5 may approve development permits for that new urban development. COUNTY's approval shall take into 6 consideration CITY's general plan and be consistent with COUNTY's general plan policies, provided, that 7 the development is orderly and does not result in the premature conversion of agricultural lands. 8 4.2 Within the CITY's sphere of influence, COUNTY shall require compliance with 9 development standards that are comparable to CITY's and charge fees reflecting the increased 10 administrative and implementing cost where such CITY standards are more stringent than COUNTY's. 11 These requirements shall apply to discretionary development applications approved by COUNTY. For 12 purposes of this Agreement, "discretionary development applications" shall mean General Plan 13 Amendments, Rezoning, Tentative Tract Maps, Tentative Parcel Maps, Conditional Use Permits, Director 14 Review and Approvals, and Variances.
15 CITY development fees shall be charged for any discretionary development applications 16 to be approved by the COUNTY within CITY's sphere of influence. To establish or amend CITY 17 development fees, CITY shall conduct a public hearing and notify property owners in accordance with 18 State Law. At the conclusion of that hearing, CITY shall adopt a resolution describing the type, amount, 19 and purpose of CITY fees to be requested for COUNTY adoption. 20 4.4 CITY shall transmit the adopted resolution to the COUNTY for its adoption of the fees. 21 CITY shall include a draft ordinance for COUNTY's adoption with appropriate supporting documentation 22 or findings by the CITY demonstrating that the fees comply with the Mitigation Fee Act (Section 66000, 23 and following, of the Government Code) and other applicable State Law requirements. CITY fees may 24 also include CITY's and COUNTY's increased administrative costs and inspection charges, provided 25 those costs similarly comply with the Mitigation Fee Act and other applicable State Law requirements. 26 4.5 COUNTY shall collect the applicable CITY development fees for infrastructure and 27 facilities at the time of final map approval or issuance of building permits as established by the fee 28 schedule. Or, COUNTY shall require the applicant to present a voucher issued by CITY evidencing the 8 1 payment of the fees directly to CITY, or written confirmation by CITY that fees are inapplicable. If 2 COUNTY imposes and collects fees on behalf of CITY, COUNTY shall transfer the fees to CITY at the 3 earliest time legally permitted.
4 4.6 CITY shall give COUNTY at least thirty (30) days notice before implementing any new 5 fees or an amendment to existing fees. Notwithstanding this Section 4.6, or any other provision of this 6 MOU, CITY shall be solely responsible for determining the amount of the fees and setting them in 7 accordance with law. This Section 4.6 shall not be construed as a representation by COUNTY as to the 8 propriety of the fees or the procedures used in setting them. 9 4.7 CITY shall hold harmless, defend and indemnify the COUNTY from all claims, demands, 10 litigation of any kind whatsoever arising from disputes relating to the enactment of or the collection of 11 CITY development fees by the County.
12 If COUNTY adopts capital improvement fees, CITY shall require that an applicant for any 13 land use entitlement or permit within CITY shall pay all COUNTY, public improvement fees applicable to 14 the entitlement or permit. At the COUNTY's request, CITY shall either timely impose and collect all such 15 fees or shall require the applicant to present a voucher issued by COUNTY evidencing the payment of 16 fees directly to COUNTY. If adopted by COUNTY, the fees are to mitigate the impact of development on 17 required COUNTY facilities and services including, but not limited to, the criminal justice system, health, 18 social services, parks, transportation and library. If CITY imposes and collects fees on behalf of COUNTY, 19 CITY shall transfer the fees to COUNTY at the earliest time legally permissible to do so. COUNTY may 20 impose new fees and amend existing fees from time to time in its sole discretion and in accordance with 21 applicable law. COUNTY shall give CITY at least thirty (30) days notice before implementing any new 22 fees or an amendment to existing fees. Notwithstanding this Section 4.8, or any other provision of this 23 RESTATED MOU, COUNTY shall be solely responsible for determining the amount of the fees and 24 setting them in accordance with law. This Section 4.8 shall not be construed as a representation by CITY 25 as to the propriety of the fees or the procedures used in setting them. If COUNTY imposes capital 26 improvement fees and CITY collects capital improvement fees on behalf of COUNTY, this RESTATED 27 MOU serves as a joint powers agreement under Chapter 5 of Division 7 of Title 1 (commencing with 28 Section 6500) of the Government Code for the purpose of CITY's collection of capital improvement fees 9 1 on behalf of COUNTY.
2 4.9 COUNTY shall hold harmless, defend and indemnify the CITY from all claims, demands, 3 litigations of any kind whatsoever arising from disputes relating to the enactment or collection of COUNTY 4 capital improvement fees.
5 4.10 COUNTY shall support urban unification and consolidation of urban services. To this end, 6 COUNTY shall oppose the creation of new governmental entities within CITY's sphere of influence, 7 except for such entities that may be necessary to address service requirements that cannot be addressed 8 by annexation to CITY. CITY and COUNTY will support transition agreements with current service 9 providers which recognize the primary role of cities as providers of urban services and where current 10 service providers have participated in service master planning. 11 4.11 Within CITY's sphere of influence and for the two-mile area beyond that sphere of 12 influence, COUNTY and CITY agree that, in the early stages of preparation of land use and general plan 13 amendments, they shall consult at a staff level in such fashion as to provide meaningful participation in 14 the policy formulation process and shall likewise consult on other policy changes which may have an 15 impact on growth or the provision of urban services. CITY shall also be given the opportunity to respond 16 to COUNTY before the final document is prepared for presentation to COUNTY's Planning Commission. 17 COUNTY agrees that it will solicit comments from CITY in the preparation of any Initial Study required by 18 the California Environmental Quality Act undertaken within the area. If CITY determines such urban 19 development may have a significant effect on the environment, the COUNTY shall require an 20 Environmental Impact Report to be prepared if a fair argument can be made in support of the CITY's 21 finding.
22 Notwithstanding anything to the contrary herein, because of state-mandated directives, including 23 I without limitation, the state Regional Housing Needs Allocation, COUNTY may consider approval of 24 urban development in areas that are not currently planned for urban development, in order to meet its 25 obligations under a state-mandated directive.
26 4.12 City may, at any time during the term of this RESTATED MOU, file the appropriate 27 application with LAFCo to modify or expand the City's sphere of influence. Any change in the CITY's 28 sphere of influence proposed by either COUNTY or CITY which would modify the area depicted in Exhibit 10 1 "3" requires the mutual consultation of both parties prior to submission to LAFCO. 2 ARTICLE V
3 IMPLEMENTATION OF SALES TAX
4 REVENUE COLLECTION
5 5.1 Pursuant to the Bradley Burns Uniform Local Sales and Use Tax Law, Part 1.5, Division 6 2, of the Revenue and Taxation Code (commencing with Section 7200), CITY shall, concurrent with the 7 execution of this RESTATED MOU, amend its local sales and use tax ordinance, as needed, to comply 8 with the terms of this RESTATED MOU. The amendment of CITY's sales and use tax ordinance hereinafter referred to as "Ordinance Amendment") described in this Section 5.1 shall be timely 10 forwarded to the State Department of Tax and Fee Administration so that it will become operative as of 11 the first July 1 following the CITY reaching the threshold forth in subsections 5.2.1 and 5.2.2. The 12 Ordinance Amendment shall enable COUNTY, pursuant to its sales and use tax ordinance, to collect a 13 portion of the sales and use tax revenues generated within the incorporated areas of CITY in accordance 14 with the applicable rate set forth on Exhibit 4", attached hereto and incorporated by reference as if set 15 forth fully at this point. The format of this amendment by CITY to its local sales and use tax ordinance 16 shall likewise provide as a credit against the payment of taxes due under such ordinance, an amount 17 equal to any sales and use tax due to COUNTY.
18 5.2 Except as otherwise provided herein, CITY further agrees that the Ordinance Amendment 19 shall likewise provide for the periodic reallocation of additional sales tax revenues generated within the 20 incorporated areas of CITY in accordance with the schedule set forth on Exhibit "4". Each subsequent 21 incremental adjustment shall go into effect at the commencement of the fiscal year indicated. These 22 periodic adjustments shall enable COUNTY, pursuant to its sales and use tax ordinance, to collect that 23 portion of the sales and use tax revenues generated within the incorporated areas of CITY equal to the 24 applicable percentage as specified in Exhibit "4". These periodic adjustments shall automatically go into 25 effect provided that:
26 5.2.1 CITY receives sales tax revenues per capita in an amount greater than fifty percent 27 (50%) of the sales tax revenue per capita collected by all Fresno County cities when taken as 28 a group during the most recent fiscal year for which State Department of Tax and Fee 11 1 Administration information is available, then it hereby agrees to reallocated sales tax revenues 2 with COUNTY beginning in fiscal year 2021-2022 in accordance with the provisions of this 3 article; and
4 5.2.2 CITY's annual sales tax revenue information is available for the State Department 5 of Tax and Fee Administration allows City to reallocate sales tax revenue at the percentage 6 designated in Exhibit "4" and still have a net increase in its remaining sales tax revenue when 7 compared with the fiscal year immediately preceding the fiscal year described above. The 8 periodic phase in of sales tax reallocation described herein shall be delayed from year-to-year 9 if CITY falls below the sales tax reallocation threshold as identified in Section 5.2. In those 10 years in which CITY does not meet the sales tax reallocation threshold, CITY's sharing 11 proportion shall continue at the same rate as in the last year in which CITY met or exceeded 12 the threshold. When, in a subsequent year, CITY again meets or exceeds the threshold, the 13 sharing proportion of CITY shall be at the next higher sharing proportion shown on Exhibit "4", 14 and the annual phase-in shall continue therefrom.
15 5.3 The Ordinance Amendment is intended to reduce CITY's sales tax rate from its then- 16 existing level to a level which thereby enables COUNTY, pursuant to its sales tax ordinance, to continue 17 collecting those amounts set forth in the previous provisions of this article as well as the applicable 18 percentages set forth on Exhibit "4". In addition, each periodic adjustment is intended by the parties to 19 enable COUNTY to collect an amount equivalent to the applicable percentage specified in Exhibit "4". 20 5.4 Whenever CITY proposes an annexation of unincorporated territory which generates 21 "substantial sales tax revenue" (as defined in this section 5.4 below) for COUNTY, CITY, agrees to further 22 amend its local sales and use tax ordinance as set forth in this section. Notwithstanding the language of 23 subsections 5.2.1 and 5.2.2, this additional amendment shall become operative no later than the 24 commencement of the next calendar quarter following the date upon which such annexation is certified 25 as complete by the Executive Officer of LAFCO. This additional amendment shall decrease CITY's sales 26 tax rate to yield an amount of substantial sales tax revenue being collected by COUNTY in the area to 27 be annexed, thus enabling COUNTY to increase its sales tax rate by a corresponding percentage which 28 shall continue to accrue to COUNTY throughout the term of this RESTATED MOU. Any such additional 12 1 amendment made by CITY pursuant to this section shall be cumulative and likewise preserve intact any 2 periodic adjustments previousiy implemented pursuant to this RESTATED MOU. Further, CITY agrees 3 that it shall not split or separate areas into smaller annexations for the purpose of, or having the effect of, 4 creating an annexation or annexations which, individually, do not generate substantial sales tax revenue, 5 but which would generate such revenue if combined. For purposes of this article, the term "substantial 6 sales tax revenue" shall be defined as sales tax revenue derived from taxable sales •in the area annexed 7 equal to at least:
8 5.4.1 If only information for less than one fiscal year exists, then $100,000 in taxable 9 sales in the most recent quarter for which such information from the State Department of 10 Tax and Fee Administration is available in writing or electronic or magnetic media, and 11 projected to a full four quarters, at least
12 $400,000 in taxable sales.
13 5.4.2 If information for one or more years exists, then $400,000 in taxable sales in the 14 most recent year for which such information from the State Department of Tax and Fee 15 Administration is available in writing or electronic or magnetic media. 16 5.5 If CITY fails to amend its sales tax ordinance as provided in section 5.1, or if the Ordinance 17 Amendment fails to provide for the periodic reallocation of additional sales tax revenues as provided in 18 section 5.2, the subsections therein, and Exhibit "4", or if CITY fails to further amend its sales tax 19 ordinance upon the annexation of unincorporated territory which generates substantial sales tax revenue 20 for COUNTY as provided in section 5.4, or if CITY splits or separates areas into smaller areas as 21 prohibited by section 5.4, then this RESTATED MOU shall immediately terminate and, in particular, no 22 master property tax exchange agreement under subdivision (d) of Section 99 of the Revenue and 23 Taxation Code, shall exist between CITY and COUNTY.
24 5.6 CITY and COUNTY further agree that the annual report of the State Department of Tax 25 and Fee Administration and the Department of Finance Annual Population Estimates shall be used as 26 the data source for the purpose of calculating the per capita sales tax revenue pursuant to this 27 RESTATED MOU.
28///
13 1 5.7 Application of the formula to be used in the allocation of revenues pursuant to section 5.2 2 | is illustrated in Exhibit "5", attached hereto and incorporated by reference herein as if set forth fully at this 3 point.
4 ARTICLE VI
5 COUNTY AND CITY ASSURANCES ON USE OF REVENUE
6 6.1 COUNTY recognizes that certain revenue reallocated to it by this RESTATED MOU would 7 otherwise have been appropriated by CITY to meet demands for services. In light therefore, COUNTY 8 agrees to use such new revenue in order to maintain levels of COUNTY services that are supportive of 9 CITY services, unless the Federal or state goverments materially reduce the level of funding for such 10 services. Examples of such COUNTY services include; but are not limited to, the criminal justice system, 11 public health, and other similar services.
12 6.2 CITY agrees to continue enforcement of laws which result in the collection of fines and 13 forfeitures.
14 ARTICLE VII
15 COOPERATIVE EFFORTS AT LEGISLATIVE REFORM
16 7.1 CITY and COUNTY agree to work jointly for state legislation and appropriations that would 17 l improve the fiscal condition of both CITY and COUNTY. 18 ARTICLE IX
19 GENERAL PROVISIONS
20 8.1 Term of MOU
21 This RESTATED MOU shall commence as of the date of execution by COUNTY and CITY and 22 shall remain in effect for a period of fifteen (15) years, unless terminated prior to that time by mutual 23 agreement of the parties or as otherwise provided by this RESTATED MOU. 24 In addition, should all or any portion of this RESTATED MOU be declared invalid or inoperative 25 I by a court of competent jurisdiction, or should any party to this RESTATED MOU fail to perform any of 26 its obligations hereunder as determined by a court of competent jurisdiction, or should any party to this 27 RESTATED MOU take-any action to frustrate the intentions of the parties as expressed in this 28 RESTATED MOU, then in such event, this entire RESTATED MOU, as well as any ancillary documents 14 1 entered into by the parties in order to fulfill the intent of this RESTATED MOU, shall immediately be of 2 no force and effect and, in particular, no property tax exchange agreement, as required by Section 99 of 3 the Revenue and Taxation Code, shall exist between the CITY and COUNTY as to unincorporated 4 property.
5 8.2 Geographic Application of RESTATED MOU
6 This RESTATED MOU shall apply only to the area identified as the City of Parlier's Sphere of Influence as depicted in Exhibit 3-A. This RESTATED MOU shall not apply to any sphere of influence 8 beyond the area depicted in Exhibit 3 unless and until the parties mutually agree to amend this 9 RESTATED MOU.
10 8.3 Termination Due to Changes in Law
11 The purpose of this RESTATED MOU is to alleviate in part the revenue shortfall experienced by 12 COUNTY which may result from CITY's annexation of revenue-producing or potentially revenue- 13 producing properties located within the unincorporated area of COUNTY. The purpose of this RESTATED 14 MOU is also to enable CITY to proceed with territorial expansion and economic growth consistent with 15 the terms of existing law as mutually understood by the parties as well as to maximize each party's ability 16 to deliver essential governmental services. In entering into this RESTATED MOU, the parties mutually 17 assume the continuation of the existing statutory scheme for the distribution of available tax revenues to 18 local government and that assumption is a basic tenet of this RESTATED MOU. Accordingly, it is mutually 19 understood and agreed that this RESTATED MOU may, by mutual agreement be terminated should 20 changes occur in statutory law, court decisions or state administrative interpretations which negate the 21 basic tenets of this RESTATED MOU.
22 8.4 Modification
23 This RESTATED MOU and all of the covenants and conditions set forth herein may be modified 24 or amended only by a writing duly authorized and executed by COUNTY and CITY. 25 8.5 Enforcement
26 COUNTY and CITY each acknowledge that this RESTAED MOU cannot bind or limit themselves 27 or each other or their future governing bodies in the exercise of their discretionary legislative power. 28 However, each party agrees that it will insofar as is legally possible, fully carry out the intent and purposes 15 1 of this RESTATED MOU, if necessary by administrative action independent of ordinances, and that this 2 RESTATED MOU may be enforced by injunction to the extent allowed by law. 3 8.6 Entire Agreement: Supersession
4 With respect to the subject matter hereof, this RESTATED MOU supersedes any and all previous 5 negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between 6 COUNTY and CITY except as otherwise provided herein.
7 8.7 Notice
8 All notices, requests, certifications or other correspondence required to be provided by the parties to this RESTATED MOU shall be in writing and shall be delivered by first class mail or an equal or better 10 form of delivery to the respective parties at the following addresses:
11 COUNTY CITY
County Administrative Officer City Manager
12 County of Fresno City of Parlier
13 Hall of Records, Room 300 City Hall
2281 Tulare Street 1100 E Parlier Avenue
14 Fresno, CA 93721 Parlier, CA 93648
15 8.8 Renegotiation
16 If COUNTY enters into an agreement or memorandum of understanding, which includes a master 17 property tax exchange agreement under subdivision (d) of Section 99 of the Revenue and Taxation Code, 18 with another city that has terms and conditions more favorable in the aggregate to that city than those 19 terms and conditions contained herein, COUNTY agrees that it will negotiate such terms and conditions 20 upon written request from CITY, with the intent of offering that more favorable agreement. Negotiations 21 shall conclude thirty (30) days from the date of receipt of notice by COUNTY and, if agreement is 22 tentatively reached during that period, the legislative bodies of the parties shall approve any such 23 amendment within thirty (30) days following the date of the tentative agreement. COUNTY and CITY are 24 not required to reach agreement.
25 8.9 Notice of Breach
26 Prior to this RESTATED MOU being terminated as expressly provided in this RESTATED MOU, 27 COUNTY shall provide notice to CITY of any breach of this RESTATED MOU, and CITY shall comply 28 with this RESTATED MOU within thirty (30) days after the date of receipt of notice. If CITY fails to timely 16 1 comply with the terms and conditions of this RESTATED MOU, this RESTATED MOU shall terminate. 2 During the thirty (30) day notice period and until CITY certifies in writing that it is in compliance with the 3 provisions of this RESTATED MOU and COUNTY agrees in writing, no property tax exchange 4 agreement, as required by Section 99 of the Revenue and Taxation Code, shall exist between COUNTY 5 and CITY with respect to any pending annexations.
6 Prior to this RESTATED MOU being terminated as expressly provided in this RESTATED MOU, 7 CITY shall provide notice to COUNTY of any breach of this RESTATED MOU by the COUNTY, and 8 COUNTY shall comply with the terms and conditions of this RESTATED MOU within thirty (30) days after 9 the date of receipt of notice. If COUNTY fails to timely comply with the terms and conditions of this 10 RESTATED MOU, this RESTATED MOU shall terminate. During the thirty (30) day notice period and 11 until COUNTY certifies in writing that it is in compliance with the provisions of this RESTATED MOU and 12 CITY agrees in writing, at the election of the CITY, no property tax exchange agreement, as required by 13 Section 99 of the Revenue and Taxation Code, shall exist between COUNTY and CITY with respect to 14 any pending annexations.
15 8.10 No Waiver of Government Claims Act
16 For all claims arising from or related to this RESTATED MOU, nothing in this RESTATED MOU 17 establishes, waives, or modifies any claims presentation requirements or procedures provided by law, 18 including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with 19 section 810).
20 8.11 Governing Law and Venue
21 This RESTATED MOU shall be administered and interpreted under the laws of the State of California. 22 Jurisdiction of litigation arising from this RESTATED MOU shall only be in California. Any action brought 23 to interpret or enforce this RESTATED MOU, or any of the terms or conditions hereof, shall be brought 24 and maintained in the Fresno County Superior Court.
25 8.12 Authorization to Execute
26 COUNTY and CITY each represent and warrant that the individuals signing this RESTATED MOU 27 are duly authorized to do so by their respective legislative bodies and that their signatures on this 28 RESTATED MOU legally bind COUNTY and CITY to the terms of this RESTATED MOU. 17 1 8.13 Counterparts
2 This RESTATED MOU may be signed in counterparts, each of which is an original, and all of 3 which together constitute this RESTATED MOU.
4 (Signature page follows.)
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
18 1 IN WITNESS WHEREOF, the parties hereto have executed this RESTATED MOU in the County of Fresno, State of California, on the last date set forth below. 3 County of Fresno, a Political. City of Parlier, a Municipal Subdivision of the State of California Corporation of the State of California (CITY) 4 (COUNTY)
5 By: _ By:
6 7 Alma M. Beltran, Mayor, City of Parlier
oard or up Chain or aunty of reno
8 Date: Date:
9 10 Attest: Attest:
11 Bernice E. Seidel
Clerk of the Board of Supervisors Dorothy Garza
12 County of Fresno, State of California City Clerk
Clerk to the Board of Supervisors
13 14 By: _ By:
Deputy Dorothy Garza, City Clerk
15 City of Parlier
16 17 Sonia Hall, City Manager
18 19 Sonia Hall, Cily Manager
City of Parlier
20 21 Approved as to Legal Form
22 City Attorney, City of Parlier
23 By:
24 Neal Constanzo, City Attorney
City of Parlier
25 26
27 28
19 EXHIBIT 1
STANDARDS FOR ANNEXATION
• The proposal must be consistent with adopted sphere of influence of the city and not conflict with the goals and policies of the Cortese-Knox-Hertzberg Act. • The proposal must be consistent with city general and specific plans, including adopted goals and policies.
• Pursuant to CEQA, the proposal must mitigate any significant adverse effect on continuing agricultural operations on adjacent properties, to the extent reasonable and consistent with the applicable general and specific plan. • A proposal for annexation is acceptable if one of the following conditions exist:
1. There is existing substantial development provided the City confines its area requested to that area needed to include the substantial development and create logical boundaries.
2. Development exists that requires urban services which can be provided by the City.
3. If no development requiring urban services exists, at least 25% of the area proposed for annexation has:
(a) Approved tentative subdivision map (single-family residential) (b) Approved site plan (for uses including multi-family)
4. The annexation is to fulfill the city's Regional Housing Needs Allocation (RHNA) obligation which otherwise cannot be accommodated on lands currently within the city's incorporated boundary.
5. The annexation includes the full width of road right-of-way along the annexation boundary and does not result in the creation of bypassed segments of existing road rights-of-way.
• The proposal would not create islands. Boundaries must ultimately minimize creation of peninsulas and corridors, or other distortion of boundaries.
For any of the following circumstances listed below, a proposal for annexation is presumed to comply with all standards for annexation:
• The request for annexation is by a city for annexation of its own publicly-owned property for public use.
• The request for annexation is by a city in order to facilitate construction of public improvements or public facilities which otherwise could not be constructed. • The request for annexation is to remove an unincorporated island, substantially surrounded area, or otherwise address existing peninsulas and/or irregular boundaries. • The annexation is intended to mitigate or otherwise comply with standards/conditions required by another agency with respect to another development/annexation EXHBIT 2
Effective July 1, 2022, the property tax sharing ratios shall be as follows:
County Effective Date
63.0% July 1, 2023
63.0% July 1, 2024
63.0% July 1, 2025
63.0% July 1, 2026
63.0% July 1, 2027
63.0% July 1, 2028
63.0% July 1, 2029
63.0% July 1, 2030
63.0% July 1, 2031
63.0% July 1, 2032
63.0% July 1, 2033
63.0% July 1, 2034
63.0% July 1, 2035
63.0% July 1, 2036
63.0% July 1, 3037
NINTH! SOUTH
SIXTH ELM
EARLY
CONTINE 14TH HL2D
ALLAH PARLIER
FRESNO
ANN- TULARE
YOUNG MERCED
CYPRESS TUOLUMNE
MULBERRY
STANISLAUS STANISLAUS®
ESP INOS A
KINGS
Exhibit 3
HLINS
DINUBA
CITY OF PARLIER Department of Public Works and Planning COUN Development Services Division
Legend
0.0 Parlier
PRESN City of Parlier Sphere of Influence
Prepared by: GSAMANO
G-14360Devs&PiniG/SWapstSpocifc
1. Miles
EXHBIT 4
Effective July 1, 2022, the Sales Tax Revenue Sharing Proportion shall continue as follows:
YEAR CITY
1 5%
5%
∞m ÷ 5%
5%
5 5%
6 5%
5%
5%
5%
5%
5%
5%
5%
5%
5%
Table 1: Sales Tax Revenue Allocation Application FY 2018-19 Data Sales Tax Per Capita Sales Tax Per Capita Meets 50% Meets 50% Revenue Population Tax Revenue Sales Tax
Revenue Population Tax Revenue Criteria Criteria Growth Revenue City 2017 - 2018 January 1, 2018 2017 - 2018 2018 - 2019 January 1, 2019 2018 - 2019 2017 - 2018 2018 - 2019 over 1/2% Growth
Clovis 20,088,192 -
113,501 $ 176.99 $ 21,398,962 116,609 $ 183.51
Coalinga 795,842 16,516 $ Yes 6.53%
48.19 $ 946,569 16,944$ 55.86
Firebaugh 887,447 7,893 $ Yes 18.94%
112.43 $ 825,341 7,980 $ 103.43
Fowler 1,290,773 6,161 $ 209.51 $ No -7.00%
1,415,099 6,220 $ 227.51
Fresno 86,000,524 Yes 9.63%
536,593 $ 160.27 $ 91,798,987 542,012 $ 169.37
Huron 174,745 7,281 $ Yes 6.74%
24.00 $ 182,158 7,302 $ 24.95 Yes
Kerman 1,913,749 15,335 $ 124.80 $ 4.24%
1,981,109 15,767 $ 125.65 Yes
Kingsburg 975,836 12,397 $ 78.72 $ 1,141,664 12,551 $ 3.52% Mendata 611,472 12,201 $ 90.96 Yes 16.99%
50.12 $ 674,507 12,278 $ 54.94
Orange Cove 176,743 9,443 $ Yes 10.31%
18.72 $ 225,323 9,460 $ 23.82
Parlier 424,544 Yes 27.49%
15,460 $ 27.46 $ 444,697 15,658 $ 28.40
Reedley 1,687,854 25,797 $ Yes 4.75%
65.43 $ 1,755,297 25,873 $ 67.84
Sanger 2,320,636 26,418 $ 87.84 $ Yes 4.00%
San Joaquin 2,325,388 27,005 $ 86.11 No 0.20% EXHIBIT 5 185,302 4,124 $ 44.93 $ 252,989 4,144 $ 61.05
Selma 5,515,388 24,327 $ Yes 36.53%
226.72 $ 6,482,913 24,402 $ 265.67 Yes 17.54%
Sales Tax Revenue
Total All Cities 123,049,047 833,447 131,851,003
Per Capita All Cities 844,205
147.64 156.18
50% Minimum 73.82
78.09 Unincorporated Population 170,813 170,990
Total County Population
Sales Tax Revenues: Columns A & D, Source: State Board of Equalization Annual Report Statistical Apendix; Fiscal Year Data Available in January of Next Calender Year Population Data: Columns B & E, Source: Source State Department of Finance January 1, Population Estimates; Available in May of that Calender Year 50% Minimum Criteria: The Pervious Calculations divided by 2. Then a comparison of this number with the numbers in columns C & F is made. Results are reflected in columns G & H. "A" means above, "B" Below the Criteria.
Sales Tax Revenue Growth: Column J; Compute percentage growth of Sales Tax Revenue: Change in Sales Tax Revenue in Column D compared to Column A.
Growth Criteria: If the Sales Tax Revenues of the city grew by at least 1/2%, the results are reflected in column I with a "YES" #5
OF PARI AGENDA ITEM:
MEETING DATE: 4/22/2022
DEPARTMENT: Administration/Engineering
REPORT TO CITY COUNCIL
SUBJECT: Approval of the Resolution to Authorize the City Manager to execute the General Services Agreement for a five-year contract to place one Soofa communication and wayfinding sign in Downtown Parlier.
RECOMMENDATION: Staff recommends that the City Council adopt the resolution to place one Soofa communication and wayfinding sign in Downtown Parlier and authorize the City Manager to execute all General Service Agreements and any amendments.
BACKGROUND:
Downtown Parlier is missing an information hub with upcoming community events, local businesses and amenities. Soofa provides digital signs that can be updated with local events, news, announcements, directions, advertisements, and business directories. The signs are solar powered allowing for easy installation. The cost for installing and keeping the sign for five years is $24,000 and after five years the City can re-evaluate the Soofa sign program. The signs are coated with an anti-graffiti material to help reduce vandalism.
In the event the sign is vandalized Soofa will repair the sign.
The Soofa sign will inform the community of upcoming events and advance placemaking in Downtown Parlier. This sign is a great addition to our Downtown Revitalization Project.
FISCAL IMPACT: The five-year cost of the sign of $24,000 shall be fully funded with American Rescue Plan funds.
Prepared by: A&M Consulting Engineers Approved by: Javier Andrade Approved by: Sonia Hall, City Manager
Attachments:
• Resolution
• General Services Agreement
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _ Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report _ Continued to:
Redevelopment Agency
....
RESOLUTION NO. 2022-_
A RESOLUTION OF THE CITY OF PARLIER CITY COUNCIL
TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE GENERAL SERVICES
AGREEMENT FOR A FIVE-YEAR CONTRACT TO PLACE ONE SOOFA COMMUNICATION
AND WAYFINDING SIGN IN DOWNTOWN PARLIER
WHEREAS, Soofa provides community-branded, solar-powered public communication and wayfinding signs to provide community updates as well as provide a business directory with local businesses and amenities: and
WHEREAS, Soofa will install and service one sign in Downtown Parlier for a five-year period for $24,000 pursuant to the General Services Agreement; and WHEREAS, the wayfinding and communication features will expand the City's communication and marketing efforts and advance placemaking in Downtown Parlier; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Parlier authorize the City Manager, or designee, to execute all General Services Agreements and any amendments to place one Soofa sign in Downtown Parlier.
APPROVED AND ADOPTED on this day of 2022. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Parlier following a roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Alma Beltran
ATTEST:
Bertha Augustine, Deputy City Clerk
soofa
General Services Agreement for Soofa Sign
The City of Parlier, California and Changing Environments, Inc.
June 23rd, 2022
SUMMARY
Product Digital & Static Advertising Soofa Sign
Units 1
Upfront price per unit $16,000
Upfront total price $16,000
Annual Cost per unit in years 2-5 $2,000
Total annual cost each year 2-5 $8,000
Total costs for 5 year contract $24,000
DEFINITIONS:
For the purposes of this Agreement, the term "Licensee" shall refer to The City of Parlier, California unless the context clearly requires otherwise.
1. OVERVIEW
Hardware product overview: Soofa Signs are 100% solar powered and wirelessly connected via cellular network. Just four square feet of sidewalk space required; four bolts into the ground and 30 minutes to install to run a real time communication platform.
Software product overview: Web based content management system called Soofa Talk (www.soofatalk.com).
Allows your team to post content anytime to your signs by neighborhood.
Screen content: The 42" electronic paper screen displays rotating local, relevant content shared by the Licensee local businesses, and the public, alongside customized applets. Changing Environments manages and reviews all content before it goes live on the Sign.
Scope & Cost: This Agreement covers the following product deliverables: installation of $16,000/sign for 1 sign ($16,000 total), location agreed upon with the Licensee; content management and restrictions; sensor integration and data collection; and net revenue share. Revenue share will be 20% with the Licensee after Soofa has recouped all initial investment and maintenance costs.
The Licensee shall be invoiced a 50% deposit of the full amount on the day the order is placed. The remaining 50% will be invoiced in one installment on the day that the first Soofa Sign is installed and shall be due and payable within thirty (30) days from the date of invoice. Annual service fees will be invoiced in full beginning in the second year on the anniversary of the installation date and will be due and payable within thirty (30) days from the date of invoice. All payments must be made in US dollars and made by check or electronic transfer.
Term: The Agreement will begin on _06_/_23/_ 2022_ and will run for five (5) years on the anniversary of the installation date. The Agreement will automatically renew for two (2) additional years on the anniversary of the installation date unless either party withdraws from the agreement with at least 90 days written notice prior to the end of the current term.
Ownership: All Soofa Signs constructed, installed, and maintained, including embodied intellectual property, shall remain the ultimate ownership of Changing Environments. Changing Environments will also manage the content administrator role. Changing Environments will perform regular maintenance and cleaning if there are three (3) or more signs installed.
In the event that the Licensee enters into an agreement for less than three (3) Soofa Signs, the Licensee is responsible for regular maintenance and cleaning. Changing Environments will make all reasonable best efforts to remotely monitor signs for optimal performance and will provide maintenance guidelines to the Licensee for the Soofa Sign.
Sensor Integration & Data Collection: Sensor integration for data collection via proprietary sensor 2 for accurate revenue reporting. No personally identifiable information will be collected and any data produced as part of this program remains the property of Changing Environments. The Licensee will be provided access to reporting through SoofaTalk.com and provision of the sensor data, reports, or derivative works thereof to third parties for any purposes is prohibited.
2. INSTALLATION
Final locations to be determined together with the Licensee. Sign placement will not physically obstruct safe, normal pedestrian or existing operations in any location. Physical installation of the Soofa Sign will be coordinated between the Licensee and Changing Environments. The Licensee agrees to use Soofa Sign as intended, including but not limited to, bolting the sign into the concrete sidewalk.
The Licensee agrees to make the location available to Changing Environments' employees, agents, and/or independent contractors for installation. If the Licensee does not provide timely location access, Changing Environments will not be held responsible for any delays in installation.
Installation, removal and location change is solely the responsibility of Changing Environments unless explicitly granted in writing. Shall the Licensee remove or relocate a Soofa Sign without Changing Environment's approval, the Licensee assumes full responsibility of the hardware and any related accidents or liability. In the event of a Sign relocation requested by the Licensee or the Licensee's subcontractor, Soofa may withhold the associated relocation, installation and storage fees from its quarterly revenue share paid to the City.
3. SPONSORED & RESTRICTED CONTENT
If Licensee selects an advertising model, Changing Environments will actively seek digital and static advertisement participation from businesses and institutions throughout the duration of this Agreement and retains exclusive responsibility for procurement. The Licensee will be entitled to 20% of net revenues after Changing Environments has recouped all initial costs and may not sell, license, or solicit paid partnerships. The Licensee will have no decision making authority over the businesses and/or institutions that statically or digitally advertise on the Sign. Revenue share will be paid out quarterly to the Licensee.
Changing Environments retains exclusive responsibility for the procurement and maintenance of paid content sponsors (advertisers) for 80% of the airtime through Soofa Talk for the Soofa Signs. The Licensee cannot sell in part or in whole their 20% reserved digital airtime through Soofa Talk.
Changing Environments retains the ultimate right to review all content before it is live and reserves the right to roin any standise which see agras of anging Enviroment Pray fole to a te
4. INSURANCE
Changing Environments shall purchase and maintain, at its expense and during the term of this Contract, all insurance required by the applicable laws of California.
5. INDEMNIFICATION
The Licensee shall indemnify, defend, and hold harmless Changing Environments, its employees, officers, and agents from and against any claim, loss, damages, injury, expense, judgment or liability associated with the 3 Soofa Sign to the extent such claim, loss, damages injury, expense, judgment or liability is caused by the willful, reckless, or negligent act or omission of the Licensee, its employees, officers and/or agents.
6. IERMINATION
The obligation to provide further services under this agreement may be terminated by either party upon thirty (30) calendar days' written notice in the event of substantial failure by the other party to perform in accordance with terms through no fault of the terminating party.
7. AGREEMENT
This agreement represents the full understanding between both parties and addendums may be added that either supplement or supersede existing terms, due to expansion of scope or related activities, only if agreed upon by both parties in writing.
8. ACCEPTANCE
Changing Environments, Inc. The City of Parlier, California Company Name
Holly McKenna
Full Name Full Name
VP, Sales & Marketing
Title Title
Signature Signature
Date Date
BILLING ADDRESS
Please provide:
Billing Name:
Bill Address:
4 Billing Email :
REVENUE SHARE CHECK
Please provide:
Name for check to be addressed to: _
Address for check to be sent to :
Name, Title, and Email for revenue share report :_
.......
EXHIBIT A - SIGN DESIGN
ALLSTON'S
WORKOUT.
DIMENSIONS SOOFA SIGN & INSTALLATION
- 31.520-
All you need is a 8" long, ½" dia.
adhesive anchored on top of
threaded rods, min. 4" embedded
1 in concrete.
2.214
(Proposed Hilti HY 150
Injection Adhesive Anchors). The
Soofa Sign is solar-powered and
has its own cell service.
1202015
EXHIBIT B - DIGITAL CONTENT LAYOUT
The Soofa Sign electronic paper display shares content uploaded by the Licensee, the public, and the local business community through Soofa Talk (www.soofatalk.com). This content is managed, approved, and curated exclusively by Changing Environments. The Licensee is entitled a minimum 20% of this digital airtime or 20% of screen real estate, whatever applicable.
Screen layouts will be determined by Changing Environments and may change during the term of the agreement.
NEIGHBORHOOD NEWS FEED
DEC. 6th-
MALDEN, TUESDAY APRIL 1ST, 2020
DEC. 8th, 2019
• Local Updates • Tweets
COVID-19 UPDATES
Pocal
Businesses FOSTERIS
DIX CRONE
www.50 fatalk.com
socie
7 EXHIBIT C - VINYL WAYFINDING DECAL
Option 3: Digital Advertising and Sponsorship Allowed
On the back of the Soofa Sign, a wayfinding vinyl decal is placed. The Licensee is entitled a 29 x 30 inches section starting 23 inches from the top of the display area for neighborhood wayfinding.
Changing Environments reserves the right to use up part of the display area for instructional information on how to access Soofa Talk and post to the sign. Changing Environments will work to solicit paid advertisers as well as paid sponsorship from select businesses.
Example decal design from the City of Brookline shown below for reference only. 8 EXHIBIT D - RESTRICTED CONTENT
The intention of the Soofa Sign is to promote local healthy community content. As such, all images and content displayed will be in good taste and consistent with the standards and practices of the community. Any advertisement which is in violation of any law, false, misleading or deceptive, contrary to moral or ethical standards, or contrary to community standards is prohibited. Changing Environments, via the content management system and their respective advertising contracts, will be reserved the right to reject and remove any such advertisement at its sole discretion. Changing Environments retains the final right to review to review all content uploaded before going live. Changing Environment relinquishes all responsibility for content uploaded to SoofaTalk.
in the event that content does not appear to meet the standards listed herein at the sole discretion of the Licensee, the Licensee must provide written notice to Changing Environments regarding the content in question. When deemed to be in violation of community standards, non-compliant content will be removed from display as soon as administratively feasible, but in no case longer than 4 hours from written notice during regular business hours.