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Resolution No. 2023-42 | Surplus Land Act - Four Properties | Adopted 06/05/2023 RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY, WITH ASSESSOR PARCEL NUMBERS OF 841-06-001, 841-04-020, 799-15-026, AND 799- 15-027 ARE “SURPLUS LAND” WITHIN THE MEANING OF THE SURPLUS LAND ACT, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the City of Gilroy is the owner in fee simple of certain real property located with Assessor’s Parcel Nos. 841-06-001, 841-04-020, 799-15-026, and 799-15- 027; as depicted in Exhibit A, attached hereto and made a part hereof by this reference (the “Properties”); and WHEREAS, each of the Properties carry separate land use designations and zoning, which are listed in Exhibit A; and WHEREAS, the Properties are unusable in their current conditions or locations for any of the City’s current governmental operations; and WHEREAS, under the Surplus Land Act, Government Code Section 54220, et. seq. (the “Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and WHEREAS, prior to disposing of property that is not necessary for the City’s use, the City Council is required to declare that the property is either surplus land or exempt surplus land; and WHEREAS, the Properties are not currently being used by the City, and City staff has determined that it is not suitable for the City’s use; and WHEREAS, the Properties are not exempt surplus land in that none of the circumstances stated in Government Code Section 54221(f) applies; and WHEREAS, the City Council desires to declare the Properties surplus land and not necessary for the City’s use; and WHEREAS, the Act requires that before the City Council disposes of the Properties or engages in negotiations to dispose of it, the City shall send a written Notice of Availability of the Properties to certain designated parties; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth herein are based; and Resolution No. 2023-42 Surplus Land Act – Four Properties City Council Regular Meeting | June 5, 2023 Page 2 of 5 WHEREAS, the City Council’s action in adopting this resolution is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that declaring the Propert ies surplus and directing staff to issue a written Notice of Availability will not have a foreseeable significant effect on the physical environment in that the City has not committed the Properties to any particular use at this time, predicting the impacts of any future use of the Properties following its disposition by the City would be wholly speculative, and none of the circumstances in CEQA Guidelines Section 15300.2 applies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: 1. That the City Council finds that the foregoing recitals a re true and correct. 2. That the City Council hereby declares that the Properties are surplus and not necessary for the City’s use. 3. That the City Clerk is hereby directed to send a Notice of Availability to the entities designated in Government Code Section 54222. The Notice of Availability shall be sent in a manner set forth in Section 201 of HCD’s Surplus Land Act Guidelines. 4. That the officers and staff of the City are authorized hereby to do all things necessary or proper to effectuate the purposes of this Resolution and that any such actions previously taken are hereby ratified and confirmed. Resolution No. 2023-42 Surplus Land Act – Four Properties City Council Regular Meeting | June 5, 2023 Page 3 of 5 PASSED AND ADOPTED this 5th day of June 2023, by the following vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Jun 7, 2023 10:01 PDT) Marie Blankley Resolution No. 2023-42 Surplus Land Act – Four Properties City Council Regular Meeting | June 5, 2023 Page 4 of 5 EXHIBIT A DEPICTION OF THE PROPERTIES APN Address Land Use/Zoning Site Map 841-06-001 7491 Railroad Street Downtown/Downtown Specific Plan 841-04-020 7780 Monterey Road Downtown/Downtown Specific Plan Resolution No. 2023-42 Surplus Land Act – Four Properties City Council Regular Meeting | June 5, 2023 Page 5 of 5 APN Address Land Use/Zoning Site Map 799-15-026 None – Parking lot on Seventh Street and Rosanna Street Low Density Residential/ PF-Park or Public Facility 799-15-027 7289 Rosanna Street Low Density Residential/ PF-Park or Public Facility CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-42 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, June 5, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, June 5, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)