HomeMy WebLinkAboutMalaga County Water District, County of Fresno and Fresno Local Agency Formation Commission - Memorandum of Understanding Related to Water Service North of North AvenueMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FRESNO, THE
MALAGA COUNTY WATER DISTRICT, THE COUNTY OF FRESNO, AND THE
FRESNO LOCAL AGENCY FORMATION COMMISSION RELATED TO WATER
SERVICE NORTH OF NORTH AVENUE
the Malaga County Water District ("District'
Commission ("Fresno LAFCo"). The City, District, and Fresno LAFCo may be referredto herein as the "Padies."
RECITALS
WHEREAS, the jurisdictional boundaries and spheres of influence of the City andthe District are coterminous along North Avenue between Minnewawa Avenue on tf'"
east and Golden State Avenue on the west; and
WHEREAS, the District has water facilities in North Avenue to serve itscustomers within its service area, including south of North Avenue from peach Avenueto approximately midway between Chestnut and Maple Avenues, with planned
extensions east to Minnewawa Avenue and west to Golden State Avenue; and
WHEREAS, the County has jurisdiction over the implementation of its general
plan outside of the incorporated boundaries of the City; and
WHEREAS, the Fresno LAFCo is an independent public agency established bythe Legislature to establish and change the boundaries of cities ãnd special districtj;
discourage urban sprawl; preserve open-space and prime agricultural lands; assess theefficiencies of service delivery; and perform studies to contribute to the logical and
development of local agencies in Fresno County; and
WHEREAS, the City water service in North Avenue is limited to the area within
the current Fresno city limit, west of Maple Avenue; and
WHEREAS,. the Fresno city limits north of North Avenue extend east only toMaple Avenue and the City's sphere of influence extends furlher east along tne n'ortn
side of North Avenue to Temperance Avenue; and
WHEREAS, several developers have made applications for industrial andcommercial projects to the County for development entitlements on unincorporated landwithin the City's sphere of influence norlh of North Avenue, and approval of theseprojects will require municipal services; and
WHEREAS, under the terms of the 2003 Amended and Restated Memorandumof Understanding between the County of Fresno and the City of Fresno (hereafter
l789l57vl / 152730001
"City/County MOU"), the County is obligated to refer new urban commercial and
industrial development projects to the City for annexation; and
WHEREAS, because these proposed developments are not contiguous to the
City, it is not possible to annex these parcels to the City as provided for in the
City/County Memorandum of Understanding and the projects are referred back to the
County to be processed under County jurisdiction; and
WHEREAS, due to the distance to connect the proposed developments to
necessary municipal services provided by the City, and the requirement that the initial
extension of services be sized appropriately to accommodate the capacity not just of the
proposed development, but of planned industrial development in this portion of the
Fresno General Plan, the expense of extending to the proposed developments is in
excess of the economies of scale of individual parcel developers; and
WHEREAS, at this point in time, in the absence of available capital funding on
the part of either the City or District to extend municipal service infrastructure in
anticipation of future development to serve properties described herein as those
properties exist or are developed , would be cost prohibitive for both agencies; and
WHEREAS, such municipal services provided by the District to its current and
future customers are already in place in North Avenue; and
WHEREAS, City and District are each agencies of the State, formed pursuant to
general law or principal act, for the local performance of governmental or proprietary
functions within limited boundaries, and in areas outside City or District boundaries
when authorized by Fresno LAFCo pursuant to Government Code Section 56133; and
WHEREAS, Government Code Section 56133(a) states that a city or district may
provide new or extended services by contract or agreement outside its jurisdictional
boundaries only if it first requests and receives written approval from the LAFCo in the
affected county; and
WHEREAS, pursuant to Government Code Sections 56133(b) and (c), the
Fresno LAFCo may authorize a city or district to provide new or extended services
outside its jurisdictional boundaries but within its sphere of influence in anticipation of a
later change of organization, and may authorize a city or district to provide new or
extended services outside its jurisdictional boundaries and outside its sphere of
influence to respond to an existing or impending threat to the public health or safety of
the residents of the affected territory if certain requirements are met; and
WHEREAS, the Fresno LAFCo has expressed concerns to the City, District, and
County regarding development pressure to connect to proximate services that may also
lie outside certain jurisdictional boundaries and spheres of influence; and
l789l57vl I 152'13 0001
WHEREAS, properties in the City and District may be developable if services
were available, and though the municipal services proximate to these properties are
othenruise unavailable because they lie in the sphere of influence of the other agency,
and because the propertíes are not developed and frequently uninhabited, there
currently is no basis for an extension of service to resolve any existing or potential
threat to public health and safety; and
WHEREAS, it is the desire of the City and District to enter into an agreement to
facilitate development and provide municipal services to prpperties within their
respective service areas and spheres of influence in a manner that complies with the
intent of Government Code Section 56133; and
WHEREAS, such an agreement, establishing a service and billing procedure that
addresses the interests of the Parties, complies with the provisions of the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000 related to extension of
services beyond local agencies' service areas but within that city's spheres of influence,
and institutes orderly protocol for transition of service delivery to the City when deemed
appropriate by that agency.
Now, therefore, in consideration of the recitals set fotlh above, and the mutual
covenants and undertakings set forth herein, the mutual receipt and sufficiency of which
is hereby acknowledged, the Parties hereto agree as follows:
1. That the foregoing recitals are true and correct and incorporated herein by this
reference as though fully set forth.
2. This Memorandum of Understanding and its terms shall apply to the
unincorporated territories bound by North Avenue, Minnewawa Avenue, Annadale
Avenue, and the current and future corporate limits of the City of Fresno (the
"Agreement Area").
3. The purpose of this Memorandum of Understanding is to document how the City
would be permitted to extend municipal services to serve lands within its sphere of
influence, by contracting with the District to provide such services on an interim basis.
4. Notwithstanding the provisions of the City/County MOU, any development
entitlement processed by the County in the "Agreement Area," shall be referred to the
City and the District for an evaluation of the project's municipal service demand, and the
service plan of the agencies.
5. Upon receipt of the County referral, the City shall make the following
determinations within the time prescribed by Article lV of the City/County MOU:
(a) whether it is feasible to annex the subject property;
(b) whether it is feasible to provide municipal services to the subject property;
and(c) whether it is feasible to extend municipal services to the subject property.
l789l57vl I 15273 0001
6. Upon receipt of the County referral, the District shall make the following
determinations within 60 days of receipt:(a) whether it is feasible to annex the subject property;
(b) whether it is feasible to provide municipal services to the subject property;
and(c) whether it is feasible to extend municipal services to the subject property.
7. lf the City determines that it is neither feasible to annex the subject property; to
provide municipal services to the subject property; nor to extend municipal services to
the subject property, and if the District determines that it is feasible to provide municipal
services to the subject property, then the provisions and terms of this Memorandum of
Understanding may be exercised by the agencies.
8. The City shall make application to the Fresno LAFCo requesting that it authorize
the City to provide new or extended services by contract or agreement outside its
jurisdictional boundaries, but within its sphere of influence in anticipation of a later
change of organization, pursuant to the terms of this Memorandum of Understanding.
g. Fresno LAFCo will evaluate each complete request for an extension of seruices
pursuant to Government Code Section 56133.
10. lf authorized by Fresno LAFCo to provide municipal services outside of the city
limit, the City will direct the property owner to establish a City of Fresno Public Utility
account for the necessary municipal services.
11. The City will then contract with the District to purchase necessary municipal
services.
12. The property owner is responsible for all expenses associated with implementing
an agreement between the City and District, as contemplated by this Memorandum of
Understanding, including, but not limited to, construction, maintenance, replacement,
improvement, and abandonment of the municipal service connection(s) to the subject
properly within the Agreement Area.
13. The term of this Memorandum of Understanding shall commence on the Effective
Date and shall continue unless rescinded in writing by all Parties.
14. This Memorandum of Understanding may be executed in counterparts and all
separately executed copies of this Memorandum of Understanding shall be read and
interpreted as one document. Signatures may be provided by PDF or facsimile.
15. The record owner of title to the subject property within the Agreement Area shall
record a covenant, in a form acceptable to the City, stating that the record owner, and
all subsequent owners of the subject property, shall not protest the future annexation of
the subject property if such annexations are not subject to conditions, excluding the
1789157v1 I 15273.0001
facts pertaining to the annexation itself or the extension of water service, which might
materially prejudice those holding an interest in the real propedy.
WHEREFORE, the Parties have entered into this Memorandum of
Understanding as of the Effective Date above.
MALAGA COU WA DISTRICT:
By:
Name/Ti
Dated:
CITY OF RESNO:
By:
Thomas C.
Dated:
FRESNO LOCAL AGENCY
FO
By:
ATTEST:
WONNE SPENCE, CMC
CITYCLERK
Name/Title:
Dated: q-// -/(
APPRO AS TO FORM:
By
blic Utilities Director cir rney
Dated:
APPROVED AS TO FORM:
oatea: ê,/tf//6
By WLtl= r^--1-\
Deputy I'f crco þ4rr+inc?-V4r-s c4пe
4lLt llv
APPR S TO FORM:
MISSION:
1789157v1 / 15273.0001