HomeMy WebLinkAboutResolution - City Council - 79-136 - 1979-04-10Public Works
RESOLUTION No. 79-136
TENTATIVE TRACT MAP NO. 3110 (UGM 66) RELATING
TO PROPERTY LOCATED- ON THE NORTHSIDE OF EAST
JENSEN AVENUE BETWEEN SOUTH MAPLE AND SOUTH
CHESTNUT AVENUES
WHEREAS, a Tentative Map of Tract No 3110 was filed on February 6,
1979, and after review by all affected, agencies,. was presented to the
f Fresno City Council for review and approval; and
WHEREAS, the Fresno City Planning Commission, after considering the
report and recommendation of the Planning and Inspection Department,
the Subdivision Review Committee, the Department of Public Works,
and other affected agencies, and after receiving oral evidence and
upoA making its own: independent investigation, concluded that the
Tentative Tract Map was consistent with the adopted general plan and
any applicable specific plan of the City of Fresno, and recommended
its conditional approval; and
WHEREAS, the City Council after considering `the report and recommenda-
tion of the Planning and Inspection Director, the report and
recommendation of the Planning Commission,' and the contents of the
Service Delivery Plan and Cost/Revenue Analysis, found that Tentative
Tract Map No. 3110 is consistent with the adopted general plan of the
City of Fresno, and, its approval would be consistent with the
objectives of the Urban Growth Management Ordinance.
NOW THEREFORE BE IT RESOLVED that the Fresno City Council hereby
approves the Tentative Map of Tract No. 3110 subject to the following
conditions
1. Preparation of the Final- Map of Tract No. 3110 in accordance with
the Tentative Tract_ Map entitled Exhibit "A", dated. February 6,
1979 on file with the City of Fresno, Planning and Inspection
Department
2. Compliance with the requirements of the Service Delivery Plan dated
March 14 1979, which applies to Tentative Tract No. 3110.
3. Compliance with the requirements of the ` Planning and Inspection
Department Memorandum dated March 15, 1979,
4. Compliance with: the requirements of the Public Works Department
Memorandum dated March 147 1979, File Nos 7296.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF'FRESNO } ss
CITY OF FRESNO
I JACQUELINE L. RYLE, 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 10th day of April
1979.
JACQUELINE L. RYLE
City Clerk
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.BESOLUTION NO. AC-- 7 8- 8-D
1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "CALIFORNIA-MINNEWAWA #3") FRESNO LOCAL AGENCY
2 ANNEXATION TO CITY OF FRESNO ) FORMATION COMMISSION
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4WHEREAS, preliminary proceedings have been initiated by the
5 'City of Fresno to annex certain territory to the City of Fresno
6 in the County of Fresno; and
7 WHEREAS, an application for said proposal has been accepted for
8 .filing by the Executive Officer of this Local Agency Formation
9 Commission pursuant to Title 61 Division 1, Part 2 of the
10 Government Code; and
13 WHEREAS, said application was set for hearing by the Executive
12 Officer on the 29th day of November 1978, at the hour of 2 20 P.M.
1.3 of said day; and
141 WHEREAS, notice of the hearing of said application was duly
15 given by mail, posting, and newspaper publication as required by
16 law; and
17 WHEREAS, the Executive officer has reviewed said application
18 and: prepared a report, including his recommendations thereon, said
19 application and report having been presented to and considered by
20 this Commission; and
21 WHEREAS, after considerable testimony related to the adequacy
22 of fire protection and the effect on agricultural lands in the
23 vicinity, the Commission continued the..matter'to December 20, 1978,
24 in order that the City and Mid. -Valley Fire Protection District
25 could come to an "instant aid" fire agreement for the area; and
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25 WHEREAS, on December 20 1978, the matter was continued again I
27 at the request of the. proponent.Zn order for the City to have
28 additional time to consider the request of the Commission for the
29 fire agreement; and
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WHEREAS, on January 24,.1979, this Commission at their hearing
did consider all relevant factors and did, hear all interested
parties wishing to speak on , said application; and
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WHEREAS, there was considerable discussion related to the
proposal of the City of Fresno that in lieu of the requested
3 "instant aid" agreement there be no detachment" from the: Mid -Valley
4 Fire Protection District, leaving the area in both jurisdictions
- 5 for fire protection; and
6 WHEREAS, there was again discussion by the Commission related
7 to denying the application in that it was premature because of
8 lack of adequate City services and the effect on agricultural lands;
9 however, a majority of the Commissioners were of the opinion that
10 the annexation should be approved with a condition requiring the
11 City and Fire District "instant aid" agreement as previously
12 requested; and
13 WHEREAS a. negative declaration of environmental impact had
14 been prepared and properly noticed by the City of Fresno and
15 said negative declaration was considered by the Commission.
16 NOW r THEREFORE, BE IT RESOLVED that the Local Agency Formation
17 Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE,
18 AND ORDER as follows
19 Section 1. This Commission.certifies it has reviewed and
20 considered the negative declaration,
21 Section 2. Said proposal is approved subject to the terms
22 and conditions hereinafter specified.
23 Section 3. Any resolution of the conducting agency ordering
24 this annexation shall provide, that such annexation shall be subject
25 to the following terms and conditions
25 1 The City of Fresno and the Mid -Valley Fire Protection
27 District shall enter into an agreement: which shall provide that
28 the nearest fire station of the two fire protection entities would
29 be requested to respond to any fire emergency within the area
30 described on. Exhibit A. Such fire protection agreement is to be
31 similar to the existing agreement for paramedic emergency services
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between the two agencies. The agreement shell be prepared and
x available for review by the Executive Officer of the Local Agency
3 Formation Commission in time to be considered at the regular
4 eeting of the Local Agency Formation Commission on February 28, 979,
Section 4 The boundaries of the territory proposed to be
6 annexed, as set forth in attached Exhibit A or as amended by
17 condition, are approved. Said territory is faunal to be uninhabited
8 and is assigned the following distinctive short form designation:
9 California--Minnewawa #3:
10 Section 5 The. City of Fresno is designated as the conducting
1:1 agency and the governing body of said agency is hereby directed to
1.2 initiate annexation proceedings in compliance with this resolution.
13 Section 5 Further proceedings shall be initiated, conducted,
14 and completed pursuant to required law. Proceedings and any
15 resolution of .approval shall comply with the Commission, resolution
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t 6 of approval.
17 Section ?. The. Executive Officer is hereby authorized and
i8 directed to mail certified copies of this resolution to the City
19 Clerk of the legislative body of the affected city.
20 ADOPTED- this 2 4th day of January 1979 by the following vote:
21. AYES Howard,, Valdez, Johnson
22 NOES Donaldson, Albright
23 ABSENT: None
24 STATE OF CALIFORNIA)
25 COUNTY OF FRESNO }
I, MARVIN L. PANTER, Executive officer of the Local, 'Agency_
26 Formation Commission certify that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission,
27 California, at a regular meeting held on the 24th day of
28 January 1979.
29
ao MARVIN L. PA TTER, Executive Officer
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NA-. CA��€
SOLUTION NO. AC-70-8-C
RECEIVED
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REVISED RESOLUTION FOR fIANNING & 94 3PEC`�ION DEPT. RESOLUTION OF THE
CALIFORNIA•-MINNEWAWA # ) CITY OF FRESNO FRESNO LOCAL AGENCY
ANNEXATION FORMATION COMMISSION
4 WHEREAS, preliminary proceedings have been initiated by the
[ 5 City of Fresno for the proposed "Californian-Minnewawa #3"
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6 annexation to the City of Fresno in the County of Fresno; and
7 WHEREAS, the proposed "California-Minnewawa #311 annexation
8 was considered by the Local Agency Formation Commission can
9 January 24 1979, and approved with condition, requiring a City--
10 Fire District agreement requiring the nearest fire station respond.
11 to any request for fire suppression in the affected territory; and
12 WHEREAS, an agreement was prepared by the City of Fresno and
15 agreed to in concept by both the City and Mid -Valley Fire Protection
14 District Board that would require the fire district station respond
15 if within tw6 miler of the affected area and the City station was
16 outside the two mile distance; and
17 WHEREAS, the `Executive Officerdid report to theCommission on at
18 their regular public hearing March 2, 1979, the difference between
19 the City -District agreement and the Commission condition requiring
24 the .nearest fare stationrespond; and
21 WHEREAS, the Commission did consider the "City -Fire District
22 agreement and the report of the Executive officer, and were of the.
23 opinion that the agreement was a move in the right direction and
24 should be accepted, and
25 WHEREAS, the City of Fresno did .indicate at the hearing that
26 the Local Agency Formation Commission would also be given 30 days
27 written notice of the termination of the agreement and that the
28 wording of Section 9, subsection B under Termination of Agreement
29 would only apply to any significant reduction of apparatus, equip-
30 ment, or personnel.
31 WHEREAS, a recommendation was made by the Executive Officer to
32 revise the condition of "Commission Resolution AC •-78--8--B, approving
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the California--Minnewawa #3” annexation., such recommendation con-
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s idered by the Coxnmiss ion .
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NOW, THEREFORE, the Local Agency Formation Commission of the
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County of Fresno DOES.HEREBY RESOLVE, DETERMTNE., AND ORDER as
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follows
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Section 1. The request to revise the Local .Agency Formation
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Commission Resolution No. ACp78-•8-B- "California--Minne'wava #3" is
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approved, sub j ect to the terms and conditions hereinafter specified.
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Section 2. Any resolution of the conducting agency ordering
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this annexation shall provide that such reorganization shall. be
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subject to the following terms and conditions
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1. The City of Fresno and Mid -Valley Fire Protection Distract
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shall enter into a fire protection agreement as shown in
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Exhibit B.
Section 3. The boundaries of the territory proposed to be
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annexed, as set forth in attached Exhibit A or amended by
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condition, are approved. Said territory is found to be uninhabited
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and is assigned the following distinctive short form designation:
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California-Minnewawa #3.
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Section 4. The City of Fresno is designated as the conducting
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agency and the governing body of said agency is hereby directed to
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initiate annexation proceedings in 'compliance with this resolution.
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Section 5. Further proceedings shall be initiated, conducted,
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and completed pursuant to required law. Proceedings and any
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resolution of approval shall comply with the Commission resolution
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of approval.
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Section 6. The Executive Officer is hereby authorized and
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directed to mail certified copies of this resolution to the City
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Clerk of the legislative body of the affected city,
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:OUNTY Qf Fit"Nd
EUM0. CA FORNIA
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ADOPTED this 2nd day of March 1979 by the following vote
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AYES: Howard, Valdez Donaldson, Levy, Albright
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NOES: None
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ABSENT: Johnson
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STATE OF CALIFORNIA)
COUNTY OF FRESSN{
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I, MARVIN L. PANT°ER,, Executive Officer of the Local Agency
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Formation Co= ission certify that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission,
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California, at a regular meeting held on the '2nd day of March 1979.
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MARVIN L. FANTER, Executive Officer
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CALIFORNIA-MINNEWAWA NO
AREA TO BE ANNEXED TO THE CITY OF FRESNO
Consisting of Parcel Map No. 3773 and Portion of Sections 8, T 14 S
R." 21 Er M.D.B. & M:
BEGINNING at a point which is the intersection of the South Line of
Lot 124 of Easterby Rancho, as said lot is shown on the map of Easterby
Rancho, filed in the. Office of the County Recorder June 24, 1880 and
recorded in Volume 2 of Plats at Page 6, Fresno _County Records, and the
Northerly production of the West Line of Parcel: Map No. 3773, filed in
the office of the County Recorder December 9, 1977 and recorded in
Book 26 of Parcel. Maps at Page 52 of said Fresno County; being also, a
point on the Fxisting City Limits of the City of Fresno, thence
South 000 36' 2711 East along the Northerly production of the West Line
of said Parcel Map No. 3773, and South 000 36' 271' East along the West
Tine of said Parcel Map No. 37731 a distance of 2689.24 feet to the
Southwest corner of said Parcel Map No 3773; thence South 89` 55 ° 08'
East along the South Line of said. Parcel. Map No. 3773, a distance of
1.339.92 feet to the Southeast corner of said Parcel, Map No. -3773, thence.
North 000 49' 4911 Went, along the Bast Line of said Parcel Map No. 3773,
a.distance of 2658.12 feet to the Northeast corner of said Parcel.
Map No. 37737 thence South 890 42' Is,, West along the North. Vine of said
Parcel Map No. 3773 to the intersection with the Southerly production of
a line which is parallel with and 30.69 feet East of the Fast Line of the
West three -fourths (3/4) of said Lot 124 of Easterby Rancho, thence
Northerly along the Southerly production of a Line which is parallel with
and 30.69 feet East of the East Line of the West three -fourths (3/4) of
said Lot 124 to the intersection with the South Line of said Lot 1.24,
being also, a point on the existing City limits of the City of Fresno;
thence Westerly along the South Line of said Lot 124, being also, along
the existing City limits of said City to the POINT OF BEGINNING.
Drawing No. 6 -A-318
File No. 1886
Contains 82.17 acres
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APPRO ED-LArO.D
DATE
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Executive C Lf c-zr
TO /�CIY a.F�'O..... ARF,4 "EXHIBIT
3 - /,4- 79
Ple Poss`d FILE N° 1886
CAziFORNIA MINNEWA w4 NO.3 ANNEX No
A n/NEXA T/ON ACRES e2 ./ 7
PARCEL MAP NO. 3773 ANO PORT/ON pQ BY
OF SECT/ON 6 - 14121 MO. B. & /t-I DATE-. 31 i3,1?
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ti AGREEly*FOR SUPPLEMENTARY `IRE ECTIQN
THIS AGREEMENT is made by and between the. CITY OF FRES G
a municipal corporation, hereinafter designated as "City" ,F
and the KID -VALLEY FIRE PROTECTION DISTRICT r a ` poll tical
subdivision of the State of California, hereinafter designated
a� �Dstrict'
RECITALS
A. The City and District declare that under certain
circumstances it is in the public interest for territory
detached from the District and annexed to the. City to be
provided supplementary .fire protection from thin District;.
H. The City and District are desirous of entering into
an agreement, pursuant' to the authority -granted under Section
55632 of the California Government Code and Section 13050 et.
seq. of the California. Health and, Safety Cade, for District
provision of supplementary fire protection
AGREEMENT
In consideration of the above, it is mutually agreed and
understood by and between the City and District and the City
and District 'do hereby mutually agree as follows
SECTION 1. Definitions. Unless the particular provision
or context otherwise requires, the definitions -contained in
this paragraph shall govern the construction, meaning, an
application of words and phrases used in this Agreement:
(a) "Fire protection services" means,fire fighting capacity
to contain, control, and extinguish structure fires.
(b) "Subject Property" means all territory detached
from the District and annexed to the City of Fresno on or
after January 1 1979, and which .lies outside a two-m le
running distance from a. City fire station and within ' a two --mile
running distance of a District fire station.
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(c) "Two-mile running distance" means the actual . distance
traveled over public streets or rights -of -way existing at the
time of an incident to a maximum distance of two miles measured
from the fire station to the scene of the incident.
SECTION 2. Furnishing of Supplementary Fire Protection,
The District shall furnish fire protection services for all
structure fires within or upon the Subject Property pursuant
to the following :provisions
(a) The City shall request the District to furnish fire
protection services for all structure fires` within or upon
the Subject Property. Such request for fire protection service
shall be made by the Chief of the Fresno City Fire Department
or his duly authorized representative,
(b) Upon such request, District shall furnish apparatus,
equipment, or personnel, or any combination thereof, as may
be required or available.
(c) The District shall respond District's engine company
which is closest in distance to the site of the structure
fire and shall respond no other engine company. The District
shall not be responsible or liable for failure to furnish fire
protection service in the event the engine company which is
closest in distance to -he site of the structure fire is not
available for response.
(d) The first apparatus, equipment:, and personnel to
arrive at a. fire incident shall initiate appropriate action
to contain, control, and extinguish the fire. The Officer -In -
of
Charge of �:he first arriving apparatus, equipment, and personnel
shall be in charge of the fire until he is relieved by an officer
of the Fresno City Fire Department. The Officer -In -Charge of the
first arriving apparatus shall cause to be reported to the Fresno
City Fire Department all pertinent information abort the conditions
encountered at the fire incident
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SECTION 3 Privileges and Immunities The provisions of
this Agreement are intended to comply with the provisions of
Article 21 Chapter 2, Part1,- Division 12 , of the: Health and
Safety Code of the State of California, and. Article 2, Chapter: 4,
Part 2, Division 2, Title 5, of the Government Code of the State
of California., providing for privileges and immunities from
liabilities, exemption from lasses, and rules and personnel
furnishing such supplementary fine protection outside the
jurisdiction of District and within the jurisdiction: of City.
SECTION 4. Waiver of -Claims. Each party waives all
claims against the ether party for compensation for any loss,
damage, personal injury, or death occurring' as a consequence
of the performance of this Agreement.
SECTION 5. Arc ency. While acting pursuan-t to this Agreement,
any person duly appointed. and regularly "salaried by the District
shall be deemed to be acting on behalf of and for the benefit
of the District when extra -territorially protecting life or
property. All pension, relief, disabil ty worker's compensa-
tion and other benefits which apply to employees of the District
when performing functions within their local jurisdiction apply
to the same. extent while such employees are performing functions
extra --territorially pursuant to this Agreement.
SECTION 6 Third Parties. This Agreement shall not be
construed as or deemed to be an agreement for the benefit
of any third party or parties and no third party or parties
shall have any right of action hereunder for any cause whatsoever.
SECTION 7 Compensation. In consideration for this
Agreement, City will pay to District a sum as designated in the
schedule attached to this Agreement and labeled as Exhibit "A'r
The City shall pay such sum only for District response to incidents
of structure, fire occurring on Subject Property, or portion thereof,
which has been included as territory with -in the City for the
purpose of computing the City share of property taxes.: Such suim
shall be paid in full on or before the 15th day of the succeeding
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month upon the receipt of an invoice stating date, time, incident
number of fire, apparatus number responding, number of personnel
on apparatus and said invoice is received by City no Eater
than the 5th day of the month in which payment is due
SECTION 8. Assignment. This Agreement shall be banding
on the successors and assigns of the pasties hereto,, except
that the District shall not assign this. Agreement without the
prior written consent of City. -
SECTION 9 Termination. of ,Agreement. This agreement shall
not apply, or shall cease to -apply, to Subject Property, or any
portion thereof, when one of the following circumstances exist
and one party has given the other party thirty; (30) days written.
notice:
(a) The Subject property, or portion thereof, lies
within a two-mile running distance of a City fire station; or
(b) The Subject Property, or portion thereof, lies within
a tiro --mile running distance of a ` District fire station which
has reduced; the availability of apparatus, equ pmen.t or
personnel from the level existing at the time Subject Property,
or portion thereof, was annexed to the City.
SECTION 10 AdministrationofAgreement . This Agreement
shall be administered, through the mutual agreement of the City
and the District.
SECTION ll. Effective Date. This Agreement shall become
binding and fully, enforceable on the date the California-Minnewawa
No 3 Annexation is completed and annexed to City.
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