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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA DECLARING ASSESSOR PARCEL
NUMBERS 426-071-23T AND 426-071-24 LOCATED
AT 4561 NORTH WISHON AVENUE, FRESNO,
CALIFORNIA TO BE EXEMPT SURPLUS LAND
WHEREAS, the City of Fresno currently owns real property located at 4561 North Wishon Avenue, Fresno, California, bearing Assessor Parcel Num bers 426-0 71-23T and 426-071-24 (Property), more particularly described and depicted on the accompanying Exhibits A-1, B-1, A-2, and B-2, attached hereto; and WHEREAS, the Property is comprised of two parcels, collectively 3,920.40 square feet in size; and
WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54236) is generally intended to make a local agency’s surplus land (i.e., land not needed for the agency’s use) available for potential acquisition by affordable housing sponsors for affordable housing purposes or by other local public entities; and WHEREAS, California Government Code section 54221(b) and the April 2021 Surplus Land Act Guidelines (SLA Guidelines) published by the California Department of Housing and Community Development (HCD) require that prior to taking any action to dispose of land that is subject to the Surplus Land Act, the City Council must, declare the land either surplus land or exempt surplus land, at public meeting, as defined in California Government Code section 54221; and
WHEREAS, under t he Surplus Land Act, l and shall be declar ed either “ surplus land” or “exempt surplus land”
as supported by written findings, before a local agency 231872v1
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may take any action to dispose of it consistent with the agency’s policies or procedures; and
WHEREAS, the City acquired the Property in fee from the County of Fresno for the purpose of drilling a pump station; and
WHEREAS, the pump station located on the Property is no longer used by the City; and
WHEREAS, the City does not intend to use the Property for any future purposes; and
WHEREAS, on June 4, 2024, the City sought concurrence with the State of California Housing and Community Development Department (HCD), and HCD has concurred that the Property is deemed exempt surplus land; and
WHEREAS, the Property is exempt surplus land pursuant to California Government Code section 54221(f)(1)(B) because the Property is a is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes; and WHEREAS, in accordance with the Government Code Section 54221(b)(1), the land is owned in fee simple by the City for which the governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use; and
WHEREAS, the Property is not a property defined by California Government Code section 54221(f)(2), because the Property is not within a coastal zone, is not adjacent to a historical unit of the State Parks System, is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, 231872v1
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and is not located within the Lake Tahoe region as defined in Section 66905.5 of the Government Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Property shall be declared exempt surplus land pursuant to California Government Code section 54221(f)(1)( B) as the Property is less than one- half acre in area and is not contiguous to land owned by a state or local agency that is used for open- space or low-and moderate-income housing purposes.
2. This resolution shall be effective upon final approval. 231872v1
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* * * * * * * * * * *
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 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
T
ODD STERMER, CMC
City Clerk
B
y:
Date
Deputy
APPR
OVED AS TO FORM:
ANDREW JANZ
City Attorney
B
y:
Kelsey Seib Date
Deputy City Attorney
A
ttachments:
Exhibits A-1, B-1, A-2, B-2