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- • ~esolufion No. 9I-II3
RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF
UNDERSTANDING REGARDING OROVILLE AREA ENTERPRISE ZONE
WHEREAS, the COUNTY OF BUTTE ("County"} and the CITY OF
OROVILLE ("City") each desire to enter into an agreement to
coordinate and facilitate new industrial and commercial
development within the Oroville Area Enterprise Zone; and
WHEREAS, the form of agreement which the City and County
wish to enter into is that certain Memorandum of Understanding
Regarding Enterprise Zone Projects which is attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Butte authorizes the Chairman of
said Berard to execute on behalf of the County the Memorandum of
Understanding Regarding Enterprise Zone Projects in the form
which is attached hereto as Exhibit A.
PASSED AND ADOPTED by the Butte County Board of
Supervisors this 24th day of September , 19 91 by
the following vote:
AYES: Supervisors McInturf, Houx, McLaughlin, Fulton and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST: ~_
WILLIAM RANDOLPH
Chief Administrative Officer
and Clerk of the Board
By
(eamou.res)
Nr; ~LArr, ~t;nair or the
tte County Board of Supervisors
MEMORANDUM OF UNDERSTANDING
REGARDING ENTERPRISE ZONE PROJECTS
THIS MEMORANDUM OF UNDERSTANDING, made this lst__ day of
October ~ 1991, by and between the COUNTY OF BUTTE, a Political
Subdivision of the State of California (Hereinafter "County") and
the City of Oroville, a Municipal Corporation (Hereinafter
'rCity" } i
WITNESSETH
WHEREAS, the Parties have determined that there exists a need to
stimulate private investment in business and industrial growth in
economically depressed areas within City and within the
unincorporated area of County near City; and
WHEREAS, the Parties have determined that the various
economically depressed areas are not only contiguous but share
similar community characteristics and should, therefore, be
treated as a single area under uniform regulations; and
WHEREAS, the Parties have petitioned the State's Department of
Commerce to designate, pursuant to the Enterprise Zone Act of
Government Code Section 7074 et seq., the said areas as an
enterprised zone; and
WHEREAS, the Parties have determined that there exists a need to
coordinate and facilitate new development in the Enterprise Zone
Area and that this coordinating and facilitation could be
provided by designating the City as the County's agent; and
WHEREAS, the Planning and Zoning Law (Government Code Section
65040, et. eq.} provides far cities and counties to coordinate
their planning efforts and to appoint one or more planning
commissions to carry out the Planning Duties;
NOW, THEREFORE, it is mutually understood between County and
City as follows:
1. PLANNING AND SUBDIVISION AGENT
The County will appoint the Oraville Planning Commission and
Development Review Board as the County's Planning Commission and
Advisory Agency for all industrial and commercial projects within
the Enterprise Zone Area as it is now established by the State,
or as it may hereafter be lawfully amended. For purposes of this
section, "projects" shall include development permits, use
permits, variances, parcel maps and subdivision maps.
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2. BUILDING AGENT
The County will appoint the Oroville Building Department as the
County Building Department for review of the plans, issuance of
Building Permits and inspection of construction for commercial
and industrial projects within the Enterprise Zone area.
3. DEVELOPMENT STANDARDS
The review of all proposed commercial and industrial projects,
including parcels maps and subdivision maps, lying within the
Enterprise Zone boundaries will be based upon adopted procedures
and standards of the City as they now exist or may exist at the
time of development, and such projects will be subject to city
design review requirements and improvement standards. Provided
however, that the substantive land use standards applicable to
all such projects will be those specified in the applicable
zoning ordinances of the jurisdiction within which the project
area lies, either City or County, as the case may be. County
sewage disposal requirements shall apply to all such projects in
the enterprise zone except those projects which connect to a
publicly owned, maintained and operated sewage system, in which
case the requirements of the public entity which owns, maintains
and operates the sewer system shall apply.
4. TERM
This Memorandum of Understanding shall be in effect during such
time as the State of California designation of a portion of the
City and County as an Enterprise Zone continues in effect.
5. APPEALS
Appeals from appealable decisions made hereunder by the Oroville
Planning Commission regarding land use, parcel maps and
subdivision maps shall be made to the jurisdiction within which
the project area Ines, either City or County, as the case may be,
and shall be processed in accordance with the procedures thereof.
6. RESIDENTIAL PROJECTS EXCLUDED
Residential projects within the Enterprise Zane will not be
governed by the terms of this memorandum and will continue to be
processed in accordance with the procedures and standards of the
jurisdiction within which the project area lies, either city or
county, as the case may be.
7. CODE ENFORCEMENT
Cade Enforcement relating to commercial and industrial projects
within the Enterprise Zane will be the responsibility of City.
8. COOPERATION
(A) Recognizing that changes may occur from time to time in the
area designated by the State as an Enterprise Zone, the
County and City enter into this Memorandum of Understanding
with the intention to cooperate in all reasonable
activities in order to capture economic development
opportunities as they may occur by the use of instruments
and incentives as they may be available from time to time.
(B} Recognizing that a major objective of the Enterprise Zone
Designation is to facilitate economic development, the
County and City do agree to adopt, as may be necessary,
those ordinances and resolutions, applicable within the
Enterprise Zone Area, to fully coordinate the review and
approval process of industrial and business developments.
(C) City and County will develop policies and procedures as may
be necessary or desirable to insure consistency,
cooperation and coordination in the processing of
commercial and industrial projects in the enterprise zone.
County will refer the proponents of such projects to City,
and City will invite County representatives to participate
in City proceedings relating to the processing of such
projects.
(D) City will collect on behalf of County, prior to City's
issuance of building permits, any developer impact fees due
to County under any County ordinance in the unincorporated
area of the Enterprise Zone.
9. HOLD HARMLESS
City agrees to hold harmless, indemnify and defend County from
all claims and liabilities caused by or relating to its acts or
omissions pursuant to this memorandum of understanding (MOU}.
County agrees to hold harmless, indemnity and defend City from
all claims and liabilities caused by or relating to its acts or
omissions pursuant to this memorandum of understanding (MOU}.
10, FURTHER UNDERSTANDINGS AND CONDITIONS
This agreement is subject to the further conditions and
understandings specif led in that certain letter signed by the
Mayor of Oroville, dated September 20, 1991, addressed to the
Butte County Board of Supervisors, attached hereto as Exhibit "1"
and incorporated herein by this reference.
IN WITNESS WHEREOF, County and City have caused the MEMORANDUM
OF UNDERSTANDING to be executed by their authorized agents on the
day and year first above written.
RECOMMENDED AND APPROVED
CITY OF OROVILLE
BY
ayor of oroville
RECOMMENDED AND APPROVED
Planning Department
BY
Community Development Department
COUNTY OF BUTTE
BY ~('~ ~ ~E ~ BY, SEP ~ 2 ~ ~~~~
APPROVED AS TO FORM P~D AS TO FORM
City Attorney Cvunse].
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BY BY `~ t
{mou.doc)
AGENDA lN~4RMA"f 10N
SEP 2 ~ X991
DISCOVER GOLD ... DISCOVER OROVILLE
1735 MONTGOMERY STREET OROVILLE, CALIFORNIA 95965-4897
OFFICE OF THE
MAYOR
{916} 538-2401
September 20, 1991
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA. 95965
Dear Board Members:
As you will recall, at your September 17, 1991 meeting you
considered adoption of a Memorandum of Understanding between the
City of Oroville and the County which was intended to accomplish
one of the conditions to the designation of portions of the
community of Oroville as an Enterprise Zone. Several Board
members raised concerns about the County abrogating certain of
their powers and responsibilities in this process and asked for
further consideration on September 24, 1991.
On September 1$ ~ met with Supervisor Hack McInturf and City and
County staff to discuss the Memorandum of Understanding (MOU?.
As a result there are several points and clarifications that the
City wishes to make in the hopes that we may be able to move
together on this very progressive endeavor.
The Memorandum of Understanding refers to several kinds of
projects which would be included. These are development permits,
use permits, variances, parcel maps, and subdivision maps.
Zoning changes and general plan amendments are not included, and
clearly, City staff would not accept applications for these and
no City body would be able to act on these for the unincorporated
area.
The MOU specifically excludes residential projects. This means
that if a development request is made for any territory in the
unincorporated area that is zoned residential, City staff would
not accept and City boards would not act on such a request.
~,'
The City regularly conditions development permits on the }~-y`
installation of street trees. We understand that the County ~dy~es ,`Q~~ ¢~
not have a street tree.. maintenance. program. The City agree~~~ xf Q r
this MOU is adopted, ~to maintain any street trees that are ~"~ ~ ~ ~,~~
established due to a requirement that occurs through the City ~~ y''~~
processing of a development application. ~,~'
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We also discussed ~n this same meeting the desirability of
bringing into conformance City pre-zoning and County zoning for
the unincorporated area and City and County general plan
designations for the unincorporated area of the Enterprise Zone.
This is the kind of activity that would occur under
"Cooperation", Paragraph B, in which we both pledge to adopt, as
necessary, "ordinances and resolutions ...to fully coordinate the
review and approval process of industrial and business
developments". Additionally, we discussed the desirability of
creating a single application form, at least for the Enterprise
bone whether inside or outside the City limits. The City agrees
to the importance of these specific steps and is ready to begin
work with the County immediately to accomplish the task.
As ~ understood it at the close of our meeting of September 17,
the City's willingness to make the above commitments should
adequately respond to the concerns raised at the Board meeting.
I or another City representative will be present at the Board
meeting of September 24 to elaborate on any of these points or to
respond to any additional concerns or questions that may arise.
The City, once again, wishes to thank the Board of Supervisors
and its staff for their full and open cooperation in working
towards the accomplishment of the very important goal of creating
the Oroville Enterprise Zone. The adoption of this Memorandum of
Understanding will be the final local action in this process.
The final designation from the State is expected very soon
following the submittal of this Memorandum of Understanding to
the Department of Commerce.
We look forward to continued discussions on ways of cooperating
in serving the people of Oroville, whether they live inside or
outside the City limits. Thank you once again far your
understanding and support.
Sincerely,
Susan Sears
Mayor
CITY OF OROVILLE
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RESOLUTION NO. 4643
A RESOLUTION RESCINDING RESOLUTION N0. 4638
AND AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AN AMENDED MEMORANDUM OF UNDERSTANDING
WITH THE COUNTY OF BUTTE REGARDING ENTERPRISE
ZONE PROJECTS
BE TT HEREBY RESOLVED by the Oroville City Council as
lbws
SECTION '[: Rescind Resolution No. 463$.
SECTION 2: The Mayor is hereby authorized and directed
execute an amended Memorandum of Understanding
rding Enterprise Zone Projects between the City of Oroville
the County of Butte, a copy of which is attached as Exhibit
~'A" and, by this reference, incorporated hereat.
SECTION 3: The City Clerk shall attest to the adoption of
is Resolution.
PASSED AND ADOPTED by the Council of the City of Oroville
t a regular meeting of October 1, 99i
y the following vote:
,YES: Diver, Harvey, Leclerc, Rossas, Stevens, Thomas, Sears
Nane
TAIN: None
None
ATTEST: - Mayor
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City Clerk
AP ~ ED AS FO
r
City Attorne~