HomeMy WebLinkAboutResolution - - 2006-054 - 2/7/2006COUNCIL RESOLUTION NO. 2006-54
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 BELMONT-MARKS NO. 2 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 Cityof Fresno
and detachment from the North Central Fire Protection District and the Kings River Conservation District,
of certain property consisting of approximately 20 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,
WHEREAS, On January 31, 2006 the County of Fresno 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,
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RESOLUTION NO. 2006-54
Belmont -Marks No. 2B Reorganization
February 7, 2006
Page 2
WHEREAS, on February 7, 2006, the Council considered and reviewed the environmental
findings of Environmental Assessment No. R -03-44/C-03-158 dated March 31, 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
Belmont -Marks No. 2B 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 Belmont -Marks No. 2B 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 Belmont -Marks No. 2B Reorganization may have a
significant adverse effect on the environment and hereby affirms the action of the City Council on August
16, 2005, adopting said Mitigated Negative Declaration dated March 31, 2005.
BE IT FURTHER RESOLVED that the Council of the City of Fresno hereby directs staff to
complete the application for the herein proposed Belmont -Marks No. 2B 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 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 7th day of February, 2006, by the following vote:
AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan
NOES: None
ABSENT: None
ABSTAIN: None
REBECCA E. KLISCH
City Clerk
APPROVED AS TO FORM:
HILDA CANTO MONTOY
CITY ATTORNEY
Deputy)
Belmont -Marks No. 2B Reorganization
KANNEXATIONS\Belmont-Marks No. 213\13elmont-Marks No.213 CC Resolution to Initiate.doc
EXHIBIT A
99
98 � 97
INDICATES PROPOSED LIMITS
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FOR ANNEXATION TO THE
CITY OF FRESNO
INDICATES EXISTING CITY
1
LIMITS
T
126�INE
127 128
SCALE: 1 "=400'
N.W. CORNER 0'
200' 400' 800'
SEC. 6, 14/20 NORH
L14/20`may
/ SECT 6,
SCALE IN FEET
W. BELMONT AVE.
KERMAN BRANCH
tiialJ f I1Ff'N }+AS,fP��i, FH.f
Li
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Y
Q
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Z 9 10
�13 14
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60 FOOT WIDE RIGHT OF
WAY PEMAP OF WEST
f / FRESNO, NOW ABANDONED
� N RTH LINE O LOTS 19 T ROUGH 24
24 23 22 21 20 19
SHEET 1 OF 2
RES. No. ADOPTED: FILE No.
BELMONT-MARKS No.1 ANNEX. No.
DISTRICT REORGANIZATION ACRES 20.5_4 AC.
LOTS 6, 7, 10 & 11 OF WEST FRESNO,
LYING IN SECTION 6,14/20 M.D.B.&M. COUNCIL DISTRICT No.
ALLOCATED TO COUNCIL DISTRICT AS PER COUNCIL DR. BY: JEFF HARPER
DISTRICT MAP DATED: DATE: DEC. 14. 2005 6 -A -
SCALE: 1 "=400'
BELMONT-MARK No. 1
REORGANIZATION
Area to be annexed to the City of Fresno and detached from the Fresno
County Fire Protection District, and the Kings River Conservation District.
Lots 6, 7, 10 and 11 of West Fresno, according to the map thereof recorded
in Book 2, Page 50, of Plats, Fresno County Records, and that portion of the
Northwest quarter of Section 6, Township 14 South, Range 20 East, Mount
Diablo Base & Meridian in the County of Fresno, State of California described
as follows:
COMMENCING at the Northwest corner of said Section 6; thence Easterly
along the North line of said Section 6, a distance of 314.50 feet, more or less,
to the intersection of the North line of said Section 6 with the northerly
prolongation of the West line of said Lot 7, said point being THE TRUE
POINT OF BEGINNING of this description; thence continuing Easterly, along
the North line of said Section 6, a distance of 629.00 feet, more or less, to the
intersection of the North line of said Section 6 with the northerly prolongation
of the East line of said Lot 6; thence Southerly, along the East line of said
Lots 6 and 11, and the southerly prolongation of the northerly prolongation of
said Lot 6, the East line of said Lot 11, a distance of 1349.00 feet, more or
less, to the intersection of the southerly prolongation of said Lot 11 with the
North line of Lots 17 through 24 of said West Fresno; thence Westerly along
the North line of said Lots 17 through 24, a distance of 632.33 feet, more or
less, to the intersection of the southerly prolongation of the West line of said
Lot 10 with the North line of said Lots 17 through 24; thence Northerly along
the southerly prolongation of said Lot 10, the West line of said Lots 7 and 10,
and the Northerly prolongation of said Lot 7, a distance of 1349.38 feet, more
or less, to the intersection of the northerly prolongation of said Lot 7 with the
Noir_th line •-!� said Section 6, POIN-7 OF__E3ECIN_ IN,C
Consisting of 20.54 Acres, more or less.
RES. No.
ADOPTED:
BELMONT-MARKS No.1
DISTRICT REORGANIZATION
LOTS 6, 7, 10 & 11 OF WEST FRESNO,
LYING IN SECTION 6,14/20 M.D.B.&M.
SHEET 2 OF 2
FILE No.
ANNEX. No.
ACRES 20.54 AC.
COUNCIL DISTRICT No.
ALLOCATED TO COUNCIL DISTRICT AS PER COUNCIL I DATE:R. BY: DECF 14ARPER
DISTRICT MAP DATED: 6-~
RESOLUTION NO. 2006-55
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, RELATING TO THE DESIGNATION
OF CITY EMPLOYEES TO RECEIVE ETHICS TRAINING
PURSUANT TO AB 1234.
WHEREAS, Assembly Bill 1234 (AB 1234) went into effect on January 1, 2006,
and requires the Mayor, Councilmembers, and members of boards and commissions
who receive compensation or reimbursement of expenses to receive ethics training; and
WHEREAS, the training must relate to ethics laws pertaining to personal financial
gain, claiming perquisites of office, government transparency laws, and laws relating to
fair processes as set forth in AB 1234; and
WHEREAS, AB 1234 authorizes the Council to designate any City employee to
receive ethics training; and
WHEREAS, it is unclear whether AB 1234 applies to charter cities, and
WHEREAS, having City employees who must file statements of economic
interests (SEI/Form 700) under the Political Reform Act attend ethics training will benefit
the City, as their duties involve making or participating in making governmental decisions.
WHEREAS, for purposes of this Resolution, the term "employee" shall mean any
person legally holding a position in the City service.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
SECTION 1. City employees designated under the City's local conflict of interest code to
file statements of economic interests under the Political Reform Act shall receive ethics
training in accordance with AB 1234.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
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, at a regular meeting held on
the 7th day of February ,2006.
AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Approval: N/A , 2006
Mayor Approval/No Return: N/A , 2006
Mayor Veto: N/A , 2006
Council Override Vote: N/A , 2006
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: � - &"/J�
Deputy
TY:sz [36730sz/reso] 2/01/06
4
REBECCA E. KLISCH
City Clerk
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