1 of 4
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF FRESNO, CALIFORNIA,
IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
DECLARING PROPERTY LOCATED NEAR THE
NORTHWEST CORNER OF FULTON AND INYO STREETS
AT 829 AND 835 FULTON STREET ( APNs 468-282-05T
AND -22T) TO BE SURPLUS AND DIRECTING STAFF TO
COMPLY WITH THE SURPLUS LAND ACT
WHEREAS, the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno is the owner of real property located near the northwest corner of Fulton and Inyo Streets at 829 and 835 Fulton Street, Fresno, California 93721, (APNs 468-282-05T and -22T), hereinafter “Property,” more particularly described in the Property Parcel Map attached as “Exhibit A”; and WHEREAS, under the Surplus Land Act, Government Code Sections 54220, et seq., surplus land means land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, l and must be declared either “surplus” or “exempt surplus” as supported by written findings before a local agency may take any action to dispose of it consistent with an agency's policies or procedures; and WHEREAS, except as otherwise provided in the Surplus Land Act and Guidelines, “agency’s use” shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, including, but not limited to, utility sites, watershed property,
2 of 4
land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, waste water treatment plants as described in Government Code Section 54221(c)(1). Agency’s use shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or o ffice development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use; and
WHEREAS, the Property is vacant and not necessary for Agency use; and WHEREAS, the Act requires that before the Agency disposes of the P roperty or engages in negotiations to dispose of the Property, the Agency shall proceed to dispose of the Property pursuant to the Act; and
WHEREAS, pursuant to Government Code Section 54222, City staff will send a written Notice of Availability to sell the surplus property to the entities and agencies identified in Government Code Section 54222, et seq., and if one of the entities/agencies desires to purchase the property after having received notice, it must indicate its intent to do so in writing within 60 days of receiving the notice, and the disposing agency and the other entity/agency shall negotiate in good faith for a period of 90 days on the price and terms for the disposition of the property; and
WHEREAS, pursuant to Government Code Section 54230.5, City staff will provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of each parcel of surplus land.
3 of 4
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City Council hereby declares the Property located near the northwest corner of Fulton and Inyo Streets at 829 and 835 Fulton Street, Fresno, California 93721, (APNs 468-282-05T and -22T), to be surplus as there is no current or anticipated agency use intended for the property and the Agency therefore intends to dispose of said Property.
2. Agency staff is hereby directed to send all notices and take all actions required by the Surplus Land Act so it may dispose of the Property.
3. This resolution shall be effective upon final approval. * * * * * * * * * * * * * *
4 of 4
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, 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 day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Taylor W. Rhoan Date
Deputy City Attorney
Attachments:
Exhibit A – Property Parcel Map