HomeMy WebLinkAboutResolution - - 2006-024 - 1/24/2006 COUNCIL RESOLUTION NO. 2006-24
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, APPLYING TO THE FRESNO LOCAL AGENCY
FORMATION COMMISSION (LAFCO) IN THE MATTER OF THE
PROPOSED CLINTON-BRAWLEY NO. 1 REORGANIZATION
WHEREAS,this proposed application for annexation is made pursuant to Part 3 of the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000 contained in Division 3 of Title 5
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 North Central Fire Protection District and the Kings River Conservation District,
of certain property consisting of approximately 4.1 acres and hereinafter called the "subject territory;"
and,
WHEREAS,a description of the boundaries of the subject territory is set forth in Exhibit A and the
accompanying legal description attached hereto and by this reference are incorporated herein; and,
WHEREAS,this proposal is within the established 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 the City is proposing annexation of the subject territory; and,
WHEREAS, municipal services for the subject territory will be provided in a manner described in
the 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 2003 Memorandum of
Understanding between the City of Fresno and the County of Fresno approved January 6, 2003; and,
WHEREAS, notification of the intention to file this proposal has been made to the County of
Fresno; and,
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RESOLUTION NO. 2006-24
Clinton-Brawley No.1 Reorganization
January 24, 2006
Page 2
WHEREAS, on July 29, 2005, the County of Fresno staff determined that the proposed
reorganization is consistent with the standards of annexation of the 2003 Memorandum of Understanding
between the City of Fresno and the County of Fresno approved January 6, 2003; and,
WHEREAS, on January 24, 2006, the Council considered and reviewed the environmental
findings of Environmental Assessment No. A-04-35/R-04-110/C-04-340 dated May 3, 2005 for the
subject property which previously had resulted in the issuance of a mitigated negative declaration in
accordance with the Guidelines for implementation of the California Environmental Quality Act; 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
Clinton-Brawley No. 1 Reorganization to be consistent with the Standards of Annexation in the 2003
City/County Memorandum of Understanding dated January 6, 2003.
BE IT FURTHER RESOLVED that the Council of the City of Fresno hereby consents to the
annexation of the Clinton-Brawley No. 1 Reorganization into the City of Fresno.
BE IT FURTHER RESOLVED that the Council of the City of Fresno finds that there is no
substantial evidence in the record to indicate that the Clinton-Brawley No. 1 Reorganization may have a
significant adverse effect on the environment and hereby affirms the action of the City Council on June
14, 2005, adopting said Mitigated Negative Declaration dated May 3, 2005.
BE IT FURTHER RESOLVED that the Council of the City of Fresno hereby directs staff to
complete the application for the herein proposed Clinton-Brawley No. 1 Reorganization,and that the City
Manager or his designee is authorized to sign said application,with appropriate attachments and subject
to the submittal to the City of Fresno of the transition fee determined in accordance with the Transition
Agreement between the City of Fresno and the North Central Fire Protection District Regarding the
Transfer of Certain General Ad Valorem Real Property Tax Revenue Generated by Annexations,submit
RESOLUTION NO. 2006-24
Clinton-Brawley No.1 Reorganization
January 24, 2006
Page 3
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.
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 City Council of the City of Fresno at a regular meeting held on
the 24 day of January , 2006, by the following vote:
AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan
NOES: None
ABSENT: None
ABSTAIN: None
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
CITY ATTORNEY
By
(Deputy)
Clinton-Brawley No. 1 Reorganization
KAANNEXATIOWaitnton-Brawley No.1\Clinton-Brawley No.1 CC Resolution to Initiate.doc