Loading...
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, Mud 1113 jD Eiiedae ,112 ��i 11) 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, * * * * * * * * * * * * 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 0 SAC %mmon\CC\Jensen-Cedar#2-RESO EXHIBIT A a SOCWT, / 0 N N COUNTY OF FRESNO 1 iCITY OF FRESNO " - - - J IL- — — — - - - _ EAST JENSEN AVENUE BY'IS z � N ;9'.;•10" E N 8339'42" E -_W � � V 241.45 127.81 71 7 I D=20.0 ' c `y 1 TRUE POINT OF GINNING . 1— 1 / Y ♦- 6 - - ,e —I ligc4i n — AREA = 6.81 ACRES 4�� W H EAST ' 3 3 !yam o CALWA AVENUE>i 0 0A. A. K M1 o bo ts.ti y z (O c.) O_ —�_ , • I -F- y —I WT e i$ —1 --m 4 1 N 89'44'55" E 449.08' 17— 11 - 'y � COUNTY OF FRESNO - — -6 I /^ SCALE: 1-= 200' 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: a o 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. - LANDSUR�� IX 9:11 'k EXP. 'k 'ZSIOFCO" • 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 " • • 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 :