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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, FINDING GOOD CAUSE AND
CLEAR AND CONVINCING BENEFIT TO THE PUBLIC
PURSUANT TO FRESNO MUNICIPAL CODE SECTION 4 -
204 RELATING TO THE DISPOSITION OF REAL SURPLUS
PROPERTY 507-030-48ST (HERNDON & BRAWLEY)
WHEREAS, the property located at the southwest corner o f West Herndon and North Brawley Avenues (APN 507 -030-48ST) was previously declared surplus in March 2020 by Resolution No. 2020 -056 and proper noticing to developers was thereafter completed in compliance with the Surplus Land Act; and
WHEREAS, Fresno Municipal Code (FMC) Section 4 -204 details the additional steps which may be required to dispose of real property and conduct a request for proposals (RFP) process; and
WHEREAS, FMC 4-204 states, in part: “ Real property may be sold, encumbered by an option, or leased for period exceeding five years only after an open and competitive request for proposals (RFP) process initiated by Council action and in compliance with state law concerning disposition of surplus land; exclusive negotiating agreements shall not be permitted.”
WHEREAS, FMC 4 -204(a)(1) states: “ An evaluation committee, to be selected prior to publication of the RFP, shall interview proposers, review and rank all proposals based on a predetermined set of criteria as set forth in the RFP, and make recommendations for selection to present to Council for approval. The committee at a minimum shall consist of two employees from the affected department as well as at least two employees and/or members of the public. The composition of the committee shall be
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at the discretion of the City Manager. Information provided to and prepared by the committee shall not be deemed a public record until such time as a contract shall be placed on the agenda for Council consideration.”
WHEREAS, prior to the passing of this new ordinance, the City through its real estate broker had listed and advertised the property for sale and since then has received multiple offers to purchase the parcel; and
WHEREAS, an exception to the RFP process may be provided where the Council finds good cause and clear and convincing benefits to the public to do so with a supermajority approval of at least five votes; and
WHEREAS, Council recognizes that this parcel in particular has been historically undevelopable due to restrictions related to the proximity to Sierra Sky Park Airport which severely limits the density and eligible uses of the property; and WHEREAS, there is good cause to expedite the RFP process and bypass the selection of a formal committee and allow the City Manager’s Office to work with the Economic Development Department to issue the RFP; and
WHEREAS, the City has a significant interest in encouraging development and eliminating blight whenever possible; and
WHEREAS, development of this property would also generate revenue for the City through the tax rolls and confer further benefit to the public.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
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1. The Council hereby makes findings of good cause and clear and convincing benefit to the public to vary from the provisions contained within FMC Section 4-204 and make an exception to the RFP process as detailed below. 2 Staff is directed to expedite the RFP process, bypass the selection of a formal committee, and allow the City Manager’s Office to work with the Economic Development Department to issue the RFP and allow 14 days for additional RFP’s to be submitted.
3. Staff shall request proposers to submit their "Last, Best and Final" offer, which will be used to support a recommendation to the Council as to which proposer should be selected to purchase the property, or to reject all proposals, including rankings of the top three proposers, along with a written explanation for the rankings, and/or rejection of the proposals.
4. All proposals received by the City shall be made public and provided to the Council.
5. Staff will continue negotiations and return to Council for approval of a Formal Agreement when terms and conditions have been finalized.
6. This resolution shall be effective upon final approval.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, CMC, 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 2021.
AYES :
NOES :
ABSENT :
ABSTAIN :
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Taylor W. Rhoan Date
Deputy City Attorney
Magill Ave
Marty Ave
Wathen Ave
Palo Alto Ave
Los Altos AveLos Altos Ave
Brawley Ave
Los Altos Ave
Fremont Ave
Los Altos Ave
Wathen Ave
Fremont Ave
Magill Ave
Beechwood Ave
Herndon Ave
Copyright nearmap 2015
Aerial Imagery by Nearmap July 21st , 2021
Prepared by Planning and Development Department
Disclaimer: This map is believed to be an accurate representation, however we make no warranties for correctness of this data. ´
0 400 800200 Feet
Exhibit Map
Legend
Subject Property
APN: 507-030-48ST
6785 N Brawley Avenue
Sierra Sky Park
Airport