HomeMy WebLinkAboutResolution - - 2001-051 - 2/13/2001 •
RESOLUTION NO. 2 0 01 -51
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, APPLYING TO THE FRESNO LOCAL AGENCY
FORMATION COMMISSION IN THE MATTER OF THE
PROPOSED JENSEN-CEDAR NO. 2 REORGANIZATION
WHEREAS,this proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 contained in Division 3, commencing with Section 56000 of the
California Government Code; and,
WHEREAS,the specific changes of organization requested are annexation to the City of
Fresno and detachment from the Fresno County Fire Protection District, and the Kings River
Conservation District of certain property consisting of approximately 6.81 acres and hereinafter called
the"subject territory"; and,
WHEREAS, a map depicting the boundaries of the subject territory is set forth in Exhibit A
and the accompanying legal description attached hereto and by this reference incorporated herein; and,
WHEREAS,this proposal is consistent with the Sphere of Influence of the City of Fresno; and,
WHEREAS,the proposed reorganization is uninhabited under the definition of Section 56046
of the California Government Code; and,
WHEREAS,municipal services for the subject territory will be provided in a manner described
in the Master Service Delivery Plan pursuant to the requirements set forth in Government Code
Section 56653; and,
WHEREAS,this proposal complies with the terms and standards of the Memorandum of
Understanding between the City of Fresno and the County of Fresno approved February 26, 1991; and,
WHEREAS, notification of the intent to file this proposal has been made to the County of
Fresno; and,
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Resolution No. 2001-51
Jensen-Cedar No. 2 Reorganization
Page 2
February 13, 2001
WHEREAS, on January 10, 2001,Fresno County staff determined that the proposed Jensen-
Cedar No. 2 Reorganization is consistent with the Standards of Annexation in the City/County
Memorandum of Understanding; and,
WHEREAS, on February 13, 2001,the Council considered and reviewed the environmental
findings for the subject property which resulted in the issuance of a Mitigated Negative Declaration, in
accordance with the Guidelines for implementation of the California Environmental Quality Act; and,
WHEREAS, on February 13, 2001, findings were made by the City Council that there is no
substantial evidence in the record to indicate that the Jensen-Cedar No. 2 Reorganization may have a
significant adverse effect on the environment and approved said Mitigated Negative Declaration which
was filed on October 30, 2000; and,
WHEREAS,this proposed reorganization will result in logical growth,the provision of
municipal services, and the application of appropriate development standards and controls within the
City of Fresno, and implements the Council's policy to unify the metropolitan area.
NOW, THEREFORE,BE IT RESOLVED that the Council of the City of Fresno finds the
proposed Jensen-Cedar No. 2 Reorganization to be consistent with the Standards of Annexation in the
City/County Memorandum of Understanding dated February 26, 1991.
BE IT FURTHER RESOLVED that the Council of the City of Fresno hereby authorizes and
directs staff to complete the application for the herein proposed Jensen-Cedar No. 2 Reorganization,
and that the City Manager or his designee is authorized to sign said application, with appropriate
attachments and submit same to the Executive Officer of LAFCo requesting that proceedings for the
proposed reorganization take place in the manner provided by the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000.
11,
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I,REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing resolution
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
13ttday of FEBRUARY 2001,by the following vote:
Ayes: Boyajian, Calhoun, Castillo, Duncan, Quintero, Ronquillo, Perea
Noes: None
Absent: None
Abstain: None
Mayor Approval: N/A , 2001
Mayor Approval/No Return: 2/23 , 2001
Mayor Veto: N/A ,2001
Council Override Vote: N/A , 2001
REBECCA E. KLISCH
City Clerk
f ' (pailc-By: rC� / _d- ,
APPROVED AS TO FORM:
HILDA CANT ' 1INTOY
City Attorn- -
Application: Jensen-Cedar No. 2
Filed by Ranchers Cotton Oil
By- Parcel No. 487-150-30
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EXHIBIT A
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LEGEND
/ / AREA TO BE DETACHED FROM THE FRESNO APPROVED
COUNTY FIRE PROTECTION DISTRICT AND LAFCO RES.#
THE KINGS RIVER CONSERVATION DISTRICT
. AND ANNEXED TO THE CITY OF FRESNO.
DATE
RESO. NO. ADOPTED FILE NO.:
ANNEX. NO.:
JENSEN-CEDAR NO. 2 ACRES: 6.81
REORGANIZATION
COUNCIL DISTRICT NO. 5
ALLOCATED TO COUNCIL DISTRICT NO. 5 AS PER DR.BY:
DATE:
COUNCIL DISTRICT MAP. SCALE:
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LEGAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 24, 14/20
TO BE ANNEXED TO THE CITY OF FRESNO
That portion of the Northwest quarter of the Northwest quarter of Section 24, Township
14 South, Range 20 East, Mount Diablo Base and Meridian, in the County of Fresno,
State of California, described as follows:
BEGINNING at the Northwest corner of said Section 24; thence South 00°20'27" East,
along the West line of the Northwest quarter of the Northwest quarter of Section 24, a
distance of 425.44 feet to the TRUE POINT OF BEGINNING;
Thence North 89°39'33" East, a distance of 59.00 feet to the beginning of a 20.00 foot
radius non-tangent curve, concave to the Southeast, a radial to said beginning bears South
89°39'33" West; thence Northeasterly, along said curve, through a central angle of
90°08'37", an arc distance of 31.47 feet; thence tangent to said curve, North 89°48'10"
East, a distance of 241.45 feet; thence North 83°39'42" East, a distance of 127.81 feet;
thence South 00°27'56" East, a distance of 676.35 feet; thence South 89°44'55" West, a
distance of 449.08 feet to a point on the West line of the Northwest quarter of the
Northwest quarter of Section 24;thence North 00°20'27" West, along the West line of the
Northwest quarter of the Northwest quarter of Section 24, a distance of 642.90 feet to the
TRUE POINT OF BEGINNING.
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CORTESE-KNOX LOCAL GOVERNMEN•ORGANIZATION 114
Proposals Initiated by Resolution In Urban Service Areas
(Government Code Section. 56000, et seq.)
FRESNO LOCAL AGENCY FORMATION COMMISSION OFFICE USE ONLY:
2220 TULARE STREET, ROOM 509
FRESNO, CA 93721, PHONE: (559)488-1688 LAFCo File No.
Jeff Tweedie, Executive Officer
Candie Phillips, Secretary Date Received:
Name of Proposal: Jensen-Cedar No. 2 Reorganization
Changes of Organization listed in Resolution or Petition: Annexation of 6.81 acres to the City of Fresno and detachment
of the same territory from the Kings River Conservation District and the Fresno County Fire Protection District.
Signature of Chief Petitioner or Representative of Initiating Agency Date
Name:Andrew T. Souza Address: 2600 Fresno Street, Fresno, California
Title: Interim City Manager Phone: 498-4591
This application and attached documents are complete and are in all respects true and correct to the best of my
knowledge.
List the name and address of officers or persons, not to exceed three in number,who are to receive the notice of hearing
and the Executive Officer's Report.
Name Address and Zip Code
Andrew T. Souza, Interim City Manager 2600 Fresno Street, Fresno, California 93721
Gilbert J. Haro, Planning Manager
Development Department 0 2600 Fresno Street, Fresno, California 93721
1. Reasons for Proposal
A. State the reasons for this change, and why the change is proposed at this time.
Site is adjacent to the City of Fresno along the west and north boundary. Applicant proposes to develop site
with industrial uses.
B. Detailed Description of proposed development:
1. Development location and acreage: 6.81 acres located on the southeast corner of East Jensen and South
Cedar Avenues.
2. Types of uses and number of units: There is an approved parcel map which would develop four parcels
with light industrial uses
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3. Project file numbers and status: Parcel Map 2000-21,which divides the 6.81 acres into 4
parcels(approximately 1.7 acres for each) approved by the
City.
4. Other details:
5. If already developed, describe in detail any added service and greater frequency or range of services
to be provided to residents of the area: Site is currently undeveloped.
C. What is the reason for the proposed boundaries? Describe the city plan to annex any remaining
substantially surrounded area created.
Site is contiguous to the existing City of Fresno boundary and the proposed annexation would not create
irregular or illogical service delivery boundaries.
2. Information on Proposal Area and Vicinity
A. Acreage: 6.81 acres Number of Registered Voters: 0
Population Estimation:0 County Zoning: M-3
City Zoning Upon Annexation: M-1
B. List the uses of land in the affected area and give acreage for each. If an agricultural use, list crops
produced over the past three years.
N/A
C. If annexation/development is adjacent to agricultural parcels, how has the city buffered the developing
area or mitigated the impact of development on agricultural parcels.
N/A
D. Is any of the affected territory in an agricultural preserve or under Land Conservation Contract?
No.
E. Does the proposed development and change of organization conform to the City General and Specific
Plans(explain if not conforming)?
Yes.
F. What is the city plan designation? Light industrial uses.
•
3. Information on Services
A. List below the names of agencies or companies now providing services and which agency will provide
service after annexation completion. Include estimated date new service will begin (use"UA" if upon
annexation, "UD" if upon development).
Existing Proposed Change Date
Domestic Water Private City of Fresno UA
Sewer Collection Private City of Fresno UA
Solid Waste Collection Private City of Fresno Within 5 Years
Street Lighting Fresno County City of Fresno UD
Parks and Recreation Fresno County City of Fresno UA
**Fire Protection Fresno County No. 7 City Station No. 7 UA
(Fire Station Distance) 1.0 miles 1.5 miles UA
**Paramedic Fresno County No. 8 City Station No. 3 UA
(Station Distance) 5.0 miles 4.0 miles UA
Police Sheriff and CHP City of Fresno UA
Storm Drainage F.M.F.C.D. None NA
High School Sunnyside High School None NA
Elementary School Balderas Elem. School None NA
B. Comment on the principal or other public service facilities or improvements which will serve the affected
territory after annexation (i.e., water or sewer lines or facilities, fire stations, school facilities). Are any of
these services or facilities below city standards, near or beyond their capacity to adequately serve the
area? Yes. Are there any notices or orders to the city from state or federal agencies related to these
services or facilities and their standards that would affect city service? No.
If yes, explain how these improvements/facilities will be upgraded,when and how financed, or how any
deficiencies are being met.
The cost of any extension of service required because of the development will be borne by the developer.
4. Information on Costs and Revenue
A. Is there any outstanding general bonded indebtedness for any of the agencies whose boundaries are
changed by this proposal?
No. However, the City of Fresno has adopted a property tax override which does affect the property
taxes city-wide. When annexed,this property would be subject to any existing property tax override.
B. If so, give information listed below:
Name of Bond Tax Rate for Date of General Purpose
Agency Affected Territory Maturity of Bond
• •
C. Is the affected territory to be subject to all of the above general bonded indebtedness upon annexation?
NA
D. If any costs of services to be or already being received by residents within the affected territory will
change as a result of this proposal, give breakdown of change for a typical residential landowner or
resident in the affected territory for comparison purposes.
Solid Waste-City rates within five years
E. If any resident or landowner in the affected area will be required to connect to sewer or water lines as a
result of annexation or construct any other improvements(other than as a requirement for a proposed
development), list requirements, when required, and any other special circumstances related. (A letter
from City to residents and landowners should also indicate these requirements.)
Sewer and water connection as a condition to Parcel Map No. 2000-21
5. Information on Processing Change of Organization or Reorganization
A. Property Tax Exchange(Revenue&Tax Code 99&99.1)Check either:
X Master Tax Agreement should apply to the change. If so, provide letter indicating consistency
with the master agreement.
MIN Other agreement for change is to be negotiated(Explain other agreement).
B. Compliance with California Environmental Quality Act. Check either:
MINI Project is Exempt and a Notice of Exemption, prepared in consultation with LAFCO, is included.
X An initial study is complete and a negative declaration prepared for the subject property in
consultation with LAFCO and other agencies is included.
An EIR has been prepared for the annexation project and 7 copies of adverse environmental
effects are included.
C. Initiation of Application. A clear and reproducible legal description and map meeting Commission
standards must be included, and a copy also attached to the resolution or petition. Check either:
X A certified resolution of application is included.
INEM A petition of landowners or registered voters is included.
D. Landowner Consent or Notice. Check if:
MAN 1. Signed LAFCO property owner consent forms for all landowners are included as shown on
Assessor's roll.
2. Letter of Notification to Landowner and Residents(if no consent of all landowners).
a. All property owners and residents must be notified of the change and how to receive
notice of LAFCO hearing.
b. For inhabited proposals, a City response to a neighborhood meeting, held for the
annexation listing the issues and the City response.
•
E. Municipal Service Plan. Check either:
A Service Plan for the change is included.
f X A Master Service Plan is filed with LAFCO and is current(updated in 1993 or later).
F. Waiver of Conducting Authority proceeding.
Wm Check if all landowners have consented in writing and there are less than twelve registered
voters, and if all annexing agencies have consented in writing to waive further Conducting
Authority proceeding. Include State Board of Equalization filing information and fees.
6. Supplementary Maps
A map(s)showing land use, water and sewer lines, and City and County zoning for the affected area and
vicinity.
7. Application Fees
A fee must accompany the application in accordance with the LAFCo fee schedule.
8. Political Reform Act Compliance
List of Affected Landowners and Financial Interests
For all uninhabited proposals, or proposals where land use entitlements have been or may be filed with the
city, the names of all landowners, lessees, options to purchase or lease the property, or any others having any
ownership or financial interest in the property, must be furnished with the applications. If the interest is a
corporation or partnership, list all persons owning more than 10 percent of the corporation shares or interest
in partnership. If a trust or non-profit organization, list any directors or trustees, trustors, or beneficiaries.
Ranchers Cotton Oil
If an applicant for or participant of any proceeding has made a campaign contribution of$250 or more to or
for any of the commission members,state law provides for disqualification of Commissioner voting,or
even prohibition of such gifts. These restrictions also apply to agents of applicants or participants.
Please consult with commission staff as to the requirements of the Political Reform Act(Government Code
Section 84308).
SAC:\L\Common\ANX\Jensen-Cedar#2-APP
4_,
February 13, 2001 Council Adoption: A/1 3/0
TO: MAYOR ALAN AUTRY Mayor Approval: j�
Mayor Veto: a C
FROM: REBECCA E. KLISCH, City Clerk e
Override R-•.est:
SUBJECT: TRANSMITTAL OF COUNCIL ACTION By:
FOR APPROVAL OR VETO Deputy
At the Council meeting of 2/13/00, Council adopted the attached Resolution No. 2001-51,
entitled apply to LAFCO re: proposed Jensen-Cedar No. 2 Reorq. (1A-4) , by the
following vote: •
Ayes : Boyajian, Calhoun, Castillo, Duncan, Quintero, Ronquillo, Perea
Noes : None
Absent : None
Abstain : None
Please indicate either your formal approval or veto by completing the following sections
and executing and dating your action. Please file the completed memo with the Clerk's
office on or before 02/23/01 . Failure to file this memo with the Clerk's office within the
required time limit shall constitute approval of the ordinance, resolution or action, and it
shall take effect without the Mayor's signed approval.
Thank you.
************************************************************************************
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Alan Autry, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes :
Noes •
Absent :
Abstain :