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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS 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 LOCATED ON THE EAST SIDE OF
BROADWAY AVENUE, NORTH OF DIVISADERO STREET.
WHEREAS, the parcel of property located on the east side of Broadway Avenue, north of Divisadero Street was previously declared exempt surplus land by Fresno City Council on February 27, 2025; and
WHEREAS, the Fresno Municipal Code (FMC) Section 4-204 details the additional steps which may be required to dispose of real property; and WHEREAS, pursuant to FMC Section 4-204(d)(4), the City shall not approve any purchase and sale agreement, disposition and development agreement, or any other agreement that would cause or allow City owned real property to be conveyed, except upon specified terms and conditions; and
WHEREAS, Section 4 -204(d)(4) requires that the purchase price be at the fair market appraised value, unless the Council finds good and convincing benefits to accept a purchase price of less than fair market value by a supermajority approval of at least five votes; and
WHEREAS, on August 9, 2024, City Staff prepared an estim ate of value of
the 0.011-acre (475.3 square feet) City owned parcel of undeveloped land located on the east side of Broadway Avenue, north of Divisadero Str eet (adjacent to APN 459-304-01)
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(Subject Property), determining the total value to be $4,139.86; and WHEREAS, the Subject Property is approximately Three feet wide and One Hundred Fifty Seven feet long; and
WHEREAS, the City is seeking to vacate the Subject Property and dispose of it to a neighboring property owner who has proposed the expansion of the existing parking lot area on the adjacent APN 459-304-01; and
WHEREAS, the Subject Property would be used as an expansion area where a new wrought iron perimeter fence will be installed to accommodate the additional parking area ; and
WHEREAS, the City has negotiated a sale price of $1,238.00; and WHEREAS, the price is justified , would provide substantial community benefits, and has development limitations due to the dimensions of the Subject Property; and WHEREAS, in addition, there have been challenges over the years to the community and the City in maintaining the parcel free of blight; and WHEREAS, the City has a significant interest in encouraging development and eliminating blight whenever possible; and
WHEREAS, development of the Subject Property and the project on the adjoining parcel would generate revenue for the City through the tax rolls.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
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.
2. The Council hereby makes findings pursuant to FMC Section 4-204(d)(4) that 3 of 4
there are substantial community benefits resulting from the purchase and sale agreement to justify the purchase price of $ 1,238.00 to Margaret R. Boyajian Courtis and Jeffrey L.
Boyajian.
3. This resolution shall be effective upon final approval. 4 of 4
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S
TATE 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 2025.
AYES :
NOES :
ABSENT
ABSTAIN
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
T
ODD STERMER, CMC
City Clerk
APPR
OVED AS TO FORM:
ANDREW JANZ
City Attorney
B
y:
Kelsey A. Seib Date
Deputy City Attorney
By:
Deputy Date