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HomeMy WebLinkAboutResolution - City Council - 79-362 - 1979-08-21, Ruth Pout ter Ed Bielicki RESOLUTION NO. 7 9 -- 3 6 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF' THE CITY OF FRESNO, THE NORTH CENTRAL FIRE PROTECTION DIS- TRICT, AND THE FRESNO METROPOLITAN FLOOD CONTROL DISTRICT INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIG- NATED AS THE PROPOSED ASHLAN-VALENTINE NO., 3 DISTRICT REOR- GANIZATION, SETTING THE TIME, DATE, AND .PLACE FOR HEARING PROTESTS THERETO, ANDGIVING THEREOF WHEREAS, proceedings for a proposed reorganization were commenced by the City ;of Fresno pursuant to its Resolution of Application Resolution No. 78-481, adopted on November 7, 1978; and WHEREAS, the Fresno Local Agency Formation.Commission did on the 28th day of March, 1979, meet at the.noticed time and place to consider all matters relevant to the proposed reorganization and to hear all persons interested therein; and WHEREAS, at the time and place fixed for hearing before -"said Fresno Local Agency Formation Commission, said Commission adopted its Resolution No, RO-78•-44, a copy of which is attached hereto and identified as Exhibit ""A.", making determina- tions and approving the proposed Ashlan-,Valentine No. 3 District Reorganization of the City of Fresno and the North Central Fire Protection District and the Fresno Metropolitan Flood Control District on March 28, 1979, all at, the time and in the form and manner as prescribed by law, such reorganization proposal has been assigned- the short form designation of t"Ashlan-Valentine No. 3",, the boundaries of which are hereinafter more particularly"described; and WHEREAS, the Fresno County Assessor's Roll will be used for the purpose of levying any assessments of: taxes on the subject property; and v WHEREAS, the subject territory proposed to be annexed to the City of Fresno shall `be exempt from taxation for the payment of principal or interest, or any other amounts which become dueonaccount of any outsta4ing bonded indebtedness, - incurred by the City prior to the effective: date of'such „annexation; upon comple- tion of the reorganization proceedings for this proposal the subject territory will be included in Municipal Bond Area "D" and will not be taxed for any existing bonded indebtedness or contractual obligation. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Council of the City of Fresno, as follows: 1. That proceedings be, and they are hereby, initiated for the proposed' Ashlan-Valentine 11o. 3 District. Rorganization as described in attached Exhibit "B" and generally depicted upon the map marked Exhibit' "C"; and as described in Exhibits "D, and "E" incorporated hereizl r: '` ' Page I of 3 Py as set forth in full by these references, wherein the City of Fresno, the North Central Fire Protection Districts and the Fresno Metropolitan Flood. Control District are each subject to a change or organization. 2 All of the subject territory affected is within the County of Fresno. 3.. For the purpose of the proposed reorganization, the subject territory is found to be uninhabited. 4. That the reasons for this proposedreorganization are as follows. a. Annexation of the subject territory to the City of Fresno will f result in improved land use planning. All private development controls of the City will apply following annexation, b. The subject territory is within the City of Fresno's Sphere of Influence. C. Several of the property owners within the area have expressed a desire to annex to the City. d. The consolidation of the subject area into one detachment -annexation project is beneficial to the affected governmental processes and the resultant City and District boundaries. e. That :the proposed reorganization requires the annexation of certain territory to the City of Fresno and to the -Fresno Metropolitan Flood Control District and, the detachment of same territory from the North Central Fire Protection District. 5 That such reorganization shall be subject to the conditions imposed by the Fresno Local Agency Formation Commission, namely,` that. a. This reorganization shall not be completed by the Local Agency Formation Commission Office prior to the completion of Shaw-Brawley No. 2 Reorganization of the City of Fresno. b. Those parcels on both sides of Brawley, south of Ashlan Avenue, consisting of APN's 311-210-7 8-12,-i6,-14,-1.5,--1.7,-18; 433-040-8, -9 , -1, --5 -ll -12 , -l3 and adjacent .road ,ri.ght-of-way, shall be included and a revised map and legal description shall be submitted to the Local Agency Formation Commission. c. Prior to completion of the annexation by the Local Agency Formation Commission Office, the City of Fresno` shall agree to the provision of the mans to alleviate any school district overcrowding from future development in the area. The City and school district staff shall Page 2 of 3 also meet to discuss an agreement to provide City and school district recreation programs in the subject area. 6. That October 2, 1979, at the hour of 2:20 p.m..,, in the Council: Chamber, City Hall, 2326 Fresno Street, Fresno, California, which date is not less than -fifteen days nor more than sixty days after -the date of adoption of this Resolution be, and is hereby, established as the time, dilate, and place of hearing on the proposed reorganization, at which time and: place any interested person desiring to protest said reorganization shall do so by written communica- tion filed with the Clerk of the City of Fresno not later than the hour set for the hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him. 7. That the Clerk of the City of Fresno shall give notice of such hearing once for two successive weeks in a newspaper ofgeneral circulation within the affected District, City and County, said publication to be commenced at least fifteen days prior to the date specified herein for Hearing, with at least five days intervening between the respective publication dates not, counting such publication dates. 8 That the Clerk shall further cause a copy of this Resolution to be posted on or near the door of the meeting place of the Council, said posting to be commenced at least fifteen days prier to the date specified herein_ for hearing and continue to the time of said hearing. 9. That the Clerk shall further cause notice to be mailed to each person to whom land is assessed, as shown on the last equalized assessment roll of the County, at the address shown upon such assessment roll and owning land within the subject territory and to all other affected; cities or districts, if any, which have filed a written request for such notice, said mailing to be by first class mail, postage prepaid, at least fifteen days prior to the day specified herein for hearing. h I 10. That the Clerk be, and is hereby, instructed to forward a copy of this L f' Resolution to the Executive Officer of the Fresno Local agency Formation Commission.', 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 Cityof Fresno, California, at a: regular meeting held on the 2 Is t day of August , 1979. io"WAV TO rM JACQUELINE L. RYLE `I' r City Clerk IV- Wv GAY BL:me 8/211 /79 ge30 . RECEIVEu LUTiON NO. R0-7V-44 1979 PLANNING & INSPECTION DEPL 1 MAKING DETERMINATION AN jjy 0 RESOLUTION OFTHE PROPOSED "ASHLAN-VALENTINE #3" } FRESNO LOCAL AGENCY 2 REORGANIZATION FORMATION COMMISSION 3 WHEREAS, preliminary proceedings were initiated by the City of 5 Fresno to annex territory generally bounded by Cornelia, Biola 6 Branch Railroad, Valentine, Griffith alignment, motel Drive, and 7 Ashlan Avenues to the City of Fresno and Fresno Metropolitan 8 Flood Control District and detach from North Central Fire 9 Protection District in the County of Fresno; and 10 WHEREAS, an applicationfor said proposal was accepted for 11 filing by the Executive Officer of this Local Agency Formation 12 ' Commission pursuant to Title 6, Division 1, Part 2 of the 13 ` Government Code of the State of California; and 14 WHEREAS. said application was set for hearing by the Executive 15 Officer on the 28th day of March 1919, at the hour of 1:30 P.M. 16 of said day; and 17 WHEREAS, notice of the hearing of said application was duly 18 given by mail, posting, and newspaper publication as required by I 19 law; and 20 WHEREAS,. the Executive Officer reviewed said application 21 and prepared a report, including his recommendations thereon, said 22 application and report having been presented to and considered by 23 this Commission; and 24 WHEREAS, on March 28, 1979, such hearing was continued to 25 April 23 in order that the issues related to school district 26 overcrowding could be further explored and that the surrounding 27 property owners would have time to review this proposal; and. 28 WHEREAS, the Commission considered all relevant factors and 29 heard all interested parties wishing to speak on said application; 30 and 31 WHEREAS, there was testimony and discussion regarding the 32 affect of the annexation on the Teague Elementary School District COtaCP}iy'CX(ctaX'}}ir*RMppl€gtdyyt►yt{ t EXHIBIT „Ali y 3. and their ability to provide service to any new development, and 2,a recommended condition of staff regarding school district service, 3 and 4 WHEREAS, there was also discussion regarding the recommended 5 condition of staff that this annexation not be. completed until after 6 completion of Shag -Brawl ey # 2 , it being the opinion of the majority 7 of the Commission that such condition should not be required; and: 8 WHEREAS, the City of Fresno duly prepared and published a 9 negative declaration of environmental impact relative to the 10 project, and this Commission has reviewed and considered said 11 negative declaration. 12 NOWI THEREFORE, BE 1T RESOLVED that the Local. agency Formation 13 Commission of the County of Fresno does HEREBY RESOLitEr DETERMINEf 14 AND ORDER as follows 15 Section. 1. Said proposal is approved, subject to the term. 16 and conditions hereinafter specified.. Any resolution of the 17 conducting agency ordering this reorganization shall provide that 18 such reorganization shall be sabject to the following terms and 19 conditions, 20 1. The City of Fresno shall, make provision acceptable to the 21 Fresno Local Agency Formation Commission for acquisition or transfer 22 of property, structure, facilities, and equipment of the North 23 Central. Fire Protection District station at Shaw and Brawley 24 Avenues and, for transferofDistrict employees employed at this 25 station to the City of Fresno Fire Department with full employment 26 contracts, civil service seniority, retirement rights and ether 27 employee benefits and rights. Representatives of the City of 28 Fresno and North Central. Fire Protection District shall meet and 29 report back to the Local Agency Formation Commission at their 30 meeting on May 25, 1979, on the above matters. This report shall, 31 be submitted in written form to . the office of the Commission with 52 sufficient time to be reviewed by the Executive Officer and shall COiS�V'�'if` Pik 3M`R€�i'10 �,a 6 J f 3 be reviewed and approvedby the Commission prior to any further 'proceedings for the subject reorganization 3 2. Prior to completion of the annexation by the Local Agency 4 Formation Commission Office, the City of Fresno shall agree to the 5 provision of the means to alleviate any school district overcrowding 6 from future development in the area. The City and school district '7 staff shall also meet to discuss an agreement to provide City and 8 school district recreation programs in the subject area 9 3. Prior to any further proceedings by the conducting agency, 10 a revised map and description shall be submitted to the Executive 11 Officer for approval. The approved revised map and description 1.2 shall be the boundaries approved. by the Commission for the subject 13 proposal and any further proceedings, and shall include the 14 following properties APN 311-210-7 f 81 12, l6 f 14t 15 f 17 t 18, 15 433--=040---8 f 91 Z, 5 f ll f 12 f 13 and adjacent road right of way, 15 Section 2, Said territory is found to be uninhabited and is 1.7 assigned the following distinctive short form -designation 18 Ashlan-Valentine #3. 19 Section 3 The City of Fresno is designated as the conducting - 20 agency and the governing body of said agency is hereby directed 21 to initiate reorganization proceedings in compliance with this 22 resolution. 23 Section 4. Further proceedings shall be initiated, conducted, .24 and completed pursuant to required law. Proceedings .and any 25 resolution of approval shall comply with the Commissionts resolution 25 of approval. 27 Section 5 The Executive Offa.cer is hereby authorized and 28 directed to mail certified ed copies of this resolution was provided 29 in Section 56272 of the Government Code. 37 31 32 Z*UnTx air FRIC10 O UT -TON NO. RO--78-44-A ,+ 1 RESOLUTION ACCEPTING REPORT] RESOLUTION OF THE BY CITY OF FRESNO ON FRESNO LOCAL AGENCY 2 ASHLAN--VALENTINE #3 ) FORMATION COMMISSION - - - - - 3 d_ WHEREAS,. on April. 25 1979, the Local Agency Formation 5 Commission approved Ashlan-Valentine #3 Reorganization with a 1 6 condition as follows: "The City of Fresno shall make provision i 7 acceptable to the Fresno Local Agency Formation Commission for 8 acquisition or trra.nsfer of property, structure, facilities, and 9 equipment of the North Central Fire Protection D strict station 14 at Shaw and Brawl.ey Avenues and for transfer of District employees 11 employed at this station to the City of Fresno Fire Department with 12 full employment contracts., civil service seniority, retirement 13 rights and other employee benefits and right's. Representatives 34 of the City of Fresno and North Central Fire Protection District 15 shall meet and report back to the Local, Agency Formation Commission 16 at their meeting on May 25, 1979, on the above matters. This 17 report shall be submitted in written form to the, office of the 18 Commission with sufficient time to be reviewed by the Executive 19 Officer and shall be reviewed and approved by the. Commission prior 20 to any further ,proceedings for the subject reorganization"; and 21 WHEREAS, the City of Fresno did Make report to the Commission I. 22 at their hearing May 25 such report attached as Exhibit A to this resolution; and 24 WHEREAS, the Commission did receive testimony from the official 25 of the North Central. Fire Protection -District indicating his 26 satisfaction with the negotiations thus far and that further 27 meetings and negotiations would be necessary; and 28 WHEREAS, the representative of the City of Fresno did indicate 29 that the City would continue to meet with -Erie district in order 30 to achieve an; agreement of employee transfer from the district 31 Shaw-Brawley station. 32 ccxur �� �eaxo 3 NOW.j THEREFOREr BE IT RESOLVED that the Local Agency Formation 2 Commission does accept the report of the 'City of Fresno and does 3 determine that the above condition of Ashlar- 'Valentine 03has been 4 substaatially complied with and does indicate -_their strong 3 support of continued meetings and negotiations between the City 6 ' of Fresno and North, Central Fire Protection District in regard 7 to this matter. 8 i ADOPTED this 25th:- day of May 1979 by the following vote. AYES,- Donaldson., Valdez, Howard, Johnson., Albright t 10 NOES: None ABSENT: None 12 15 STATE OF CALIFORNIA) COUNTY OF FRESNO } 14 I, MARVIN L. PANTER, Executive Officer of the Local.; Agency .5 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation commission, l California, at a regular meeting held can the 25th day of May 1979.. 17 1$ MARVIN L. PANTER, Executive Officer 3.9 20 21 22 2 25 2� 2' 28 29 30 33 32 COUNT` tip` M- XXNct vk:;13WpY'y'pbj' ASHLAN-VALENTINE No. 3 DISTRICT REORGANIZATION Description of area to be detached from the North. Central. p - re Protection District and annexed to the City of Fresno. Consists of Lots 17 to 20, Inclusive, of the Wi,nterton: `bract; Lots 24 to 28 Inclusive,, and portions of Lots 20, 21, 22 ,. 23 . 29, 30f 31 and 32, all of DeWitt Colony; Portions of Sections 13, 14, 23, and 24, T1.35, R13E, BEGINNING at the South Quarter corner of Section 1., Townshi.p 13 South, Mange 19 East, Mount Diablo Base and Meridian, as said section 13 is shown on United States 'Township Plats, being also a point on the existing City Limits of tie City of Fresno; thence Westerly along the South .lane of said Section 13, to the ir_tersec- ti.on, with the Nest line of the East Half of the Southeast Quarter of the Southwest Quarter of said Section 13; thence Northerly along sai,d West line of the 'East Half of the Southeast Quarter of the Southwest Quarter of said Section 13 to the inter- section of the South line of the Northh five acres of the Southeast Quarter of the Southwest Quarter of said Section 13; thence Westerly along the said South line of the North five ,acres of the Southeast Quarter of the Southwest of said Section 13 to the 'West line of the East Half of the Soathwehst Quarter of said Section 13; thence Southerly along the 'Nest line of the East Half of the Southwest Quarter of said section. 13 to the Northeast corner of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 13; thence Westerly along the North Line of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 13 to the intersection with the West line of said section 1.3; thence Southerly along the West line of said Section 1.3 to the intersection with the centerline of North. Motel privet said point of intersection being 292 .' feet North of the Southwest corner of said Section 13; thence North 4111321 West,,, along the centerline ,of z orth. Motel Drive, a distance of 1 32.0 feet; thence South 62003! west, a distance of 107,5.33 feet, to tie intersection: wifi�s the North- easterly right-of-way line of State Highway 99 said pointbeing South 530511 East, a distance of 203,97, from angle point on rig line at Engineers Station 218+30; thence South 53051, East, along right-of-way ling:, a distance of 440 feet, more or less; thence Southwesterly, at right angle to , right-of-way to concrete nosing for on -ramp, a distance of 75 feet, more or less; thence Southwesterly across State Highway 99, to concrete nosing far off -ramp.. a distance of 137 feet, more or less, thence Southwesterly>an to angle paint on right-of-way at approximately Engineer's Station 211+59, a distance of 67 feet,, more or less `thence North: 4413 2V West, along said fight--of--way,, a distance of 429.48 feet; thence North 490281 West along said right-of-way., a. distance of 1.21.5.23 feet, thence: North 51027128`° West along said right wof-way ► a. distance of 1569.36 feet, to ; the intersection with the Southerly right-of-way- line of the Southern Pacific Railroad, being also;, the North line of Lot 23 of DeWitt Colony, according to the map thereof, filed in; the office € of the County Recorder May 25, 1891 and recorded in Volme 4 of the Plats at page 72, Fresno County Records; thence Westerly along the Southerly right -of -Way line of the Southern Pacific Railroad being also, along the North, line of Lots 23 and 2 of said DeWitt Colony and also along the Westerly pro3uction of the North line of said Lot 24 to the intersection with the West line of Section 14 of said, Township and Range; thence Southerly along the West line of said Section 14 to the southwest, corner of said Section 14; thence South: 89*4310811 East, along the South line of said Section 1:4, to a point which is 1253.72 feet East of the South Quarter corner of said Section 14, and also intersects a curve, whose: center bears North 87,047113", East, from said point of intersection; thence Southerlyand Southeasterly, -along said curve, concave to the Northeast and having- a radius of 630.00 feet,: being also,, along the Southwesterly right-of-way line of North 'Parkway Drive, through an interior angle of 8000.5113111 an arc distance of 880.60 feet', thence South 82008100" East, along the Southerly right. -of -way line of said North Panay Drive, a distance of- 318.56 felt to a tangent curve concave Southwesterly with a radius of 570 feet, and along said tangent curare, through an angle of 9°37., a8"r an arc distance of 95.53 feet to the South line of the Northeast Quarter of he Northeast Quarter of the Northeast Quarter of Section 23 of said Township and Range; thence along last South line,. North. 8904311151" West to the Southwest comer of �e Northeast quarter of the Northeast Quarter of said Section 3; thence Southerly along the West line of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of said Soct,00 23, to the intersection with the South line Of the North Half of the Northeast Quarter of said Section 23; thence Easterly, along the South line of the North Half of the Northeast Quarter of said Section 23 to the Southeast corner of the North Half of the Northeast Quarter of said. Section 231 thence Easterly along the North line of Lot 21 of the Winterton. Tract t according to a, map thereof recorded in Soo 3, Page 21 of Records of Survey, Fresno County 'Re0ordst,and the North line of Lott 22 of Said Wi.nterton Tract. and _ the Westerly Production of the South line of Lot 18 Page 1 of 2 1. L,,vc A/ 4, k/ �2, yy .......... .......... N - . . . . . . . . . . . 1 .......... 41 X.... o. o. ........... 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