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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS
398352v1 Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA DECLARING A 475.3 SQUARE
FOOT PORTION OF PUBLIC STREET RIGHT OF WAY
LOCATED ON THE EAST SIDE OF BROADWAY AVENUE,
NORTH OF DIVISADERO STREET, FRESNO, CALIFORNIA
TO BE EXEMPT SURPLUS LAND
WHEREAS, the City of Fresno currently owns vacant land identified as a 475.3 square foot portion of land, located on the east side of Broadway Avenue, north of Divisadero Street, Fresno, California, adjacent to Assessor Parcel Number 459 -304-01 (Property), more particularly described and depicted on the accompanying Exhibits A and B attached hereto; and
WHEREAS, the Property is a former street or right-of-way; and WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54234) 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 August 2024 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 the Surplus Land Act, land shall be declared either “surplus 2 of 4
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land” or “exempt surplus land” as supported by written findings, before a local agency may take any action to dispose of it consistent with the agency’s policies or procedures; and
WHEREAS, the City acquired a 456.3 square foot portion of the Property in fee from Biancia Brooks in 1913 and a 19 square foot portion of the Property in fee from C.
L. Freitas and Mary Freitas in 1913; and
WHEREAS, the Property is no longer used by the City as street or right -of-way; and
WHEREAS, the City does not intend to use the Property for any future purposes; and
WHEREAS, 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 on August 29, 2024; 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, the Property is exempt surplus land pursuant to Government Code section 54221(f)(1)(E) because the Property is a former street, right-of-way, or easement, and is being conveyed to an owner of an adjacent property; 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 3 of 4
398352v1
agency’s use; and
WHEREAS, none of the characteristics outlined in Government Code section 54221(f)(2) apply to the Property.
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) and (E) as the Property is less than one- half acre in size 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 the Property is a former street or right-of-way, and is being conveyed to an owner of an adjacent property.
2. This resolution shall be effective upon final approval.
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398352v1
* * * * * * * * * * *
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 2025.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey Seib Date
Deputy City Attorney
Attachments:
Exhibits A, B