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Home My WebLink AboutFresno Revitalization Corporation Resolution - FRC -26 - 11/06/2025RESOLUTION NO. 2025-318 SUCCESSOR AGENCY RESOLUTION NO. 58 FRESNO REVITALIZATION CORPORATION RESOLUTION NO. 26 A RESOLUTION OF THE CITY OF FRESNO, CALIFORNIA, IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY 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 PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 468-282-05T and 468- 282-22T (829 and 835 FULTON STREET) FOR AN AFFORDABLE HOUSING DEVELOPMENT WHEREAS, the City of Fresno acting in its capacity as Housing Successor Agency to the Redevelopment Agency (Agency) owns parcels of land located at 829 and 835 Fulton Street, Fresno, California 93621 identified as APN 468-282-05T (0.08 acres) and APN 468-282-22T (0.09) (Property); more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof by reference; and WHEREAS, the Property was declared surplus land by the City of Fresno in its capacity as Housing Successor on May 25, 2023, Resolution 2023-158 and proper noticing to developers was thereafter completed in compliance with the Surplus Land Act; and WHEREAS, the 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, the FMC Section 4-204 states, in part, "Real property may be sold, encumbered by an option, or leased for a period exceeding five years only after an open 1 of 5 Date Adopted: 11/06/2025 City Council Resolution No. 2025-318 Date Approved: 11/17/2025 Successor Agency Resolution No. 58 Effective Date: 11/17/2025 Fresno Revitalization Corporation Resolution No. 26 U i 0 fl�ti and competitive RFP process initiated by Council action and in compliance with state law concerning the disposition of surplus land; exclusive negotiating agreements shall not be permitted"; and WHEREAS, an exception to the RFP process may be provided where the Agency 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, concurrently with related actions, the City Council and Agency will consider approval of a Disposition and Development Agreement (DDA) with The Park Partners, LLC (Developer) for the acquisition, development, and operation of the Property as permanent affordable housing for qualified individuals; and WHEREAS, pursuant to FMC Section 4-204(d), the Agency shall not approve any purchase and sale agreement, disposition and development agreement, or any other agreement that would cause or allow Agency owned real property to be conveyed, except upon specified terms and conditions including that the agreement shall require a deposit paid to the City in the amount of at least 10 percent of the purchase price, which shall not be refundable; and WHEREAS, the Agency and Developer desire to make the ten percent deposit refundable until December 31, 2025, at which time the deposit will be nonrefundable; and WHEREAS, in conjunction with one other parcel, the Project will consist of an eight -story mixed -use development consisting of 160 apartments offering up to 621 beds with a diverse unit mix of studios, lofts, two- and three -bedroom layouts along with ground floor retail and community space; and 2of5 q o _ � N ro 'nod tr' 't TL6 0 WHEREAS, upon the Agency's approval of related actions to the Property, Agency staff will work to facilitate the transfer of ownership of the subject Property to the Developer to develop and operate the Property for the purpose of constructing and operating permanent affordable housing for individuals' experiencing homelessness or at risk of homelessness; and WHEREAS, Agency recognizes the development of the Property into permanent affordable housing will address the City's homelessness and housing crisis; and WHEREAS, Agency recognizes the importance of developing affordable housing for individuals experiencing homelessness or at risk of homelessness; and WHEREAS, the Agency has a significant interest in encouraging the development of the Property into a permanent affordable housing development for individuals experiencing homelessness or at risk of homelessness. NOW, THEREFORE, BE IT RESOLVED by the City of Fresno acting in its capacity as the Housing Successor as follows: 1. The City 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. Agency staff is directed to bypass the RFP process and allow the Executive Director or designee to execute the DDA and any associated documents with the Developer for the transfer of the Property at upon completion of the development of the Property for affordable housing. 3of5 N n �+ A ic N �RrEO UCH. 3. The City Council hereby makes findings of good cause and clear and convincing benefit to the public to vary from the provisions contained in FMC Section 4- 204(d)(3) and allow for the deposit to be refundable for a period of time. 4. This resolution shall be effective upon final approval. 4of5 * * * * * * * * * * * * * * 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 6th day of November 2025. FRESNO REVITALIZATION VOTE AYES : Perea, Karbassi, Arias, Maxwell, Vang, Richardson, Esparza, Dyer NOES : None ABSENT : None ABSTAIN : None CITY COUNCIL / SUCCESSOR AGENCY VOTE AYES : Perea, Karbassi, Arias, Maxwell, Vang, Richardson, Esparza NOES: : None ABSENT : None ABSTAIN : None Mayor Approval: November 17 , 2025 Mayor Approval/No Return: N/A '2025 Mayor Veto: N/A , 2025 Council Override Vote: N/A , 2025 TODD STERMER, MMC City Clerk By: G -(Ag uty GeM�2 Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: 4"Angela . Karst Date l 6-a(o enior eputy City Attorney Attachments: Exhibit A Exhibit B 5 of 5 EXHIBIT A Legal Description For APNIParcel tD s : 468-282-05T THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 9 in Block 74 of the Town (now City) of Fresno, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 1, Page 2 of Plats, Fresno County Records. Page 1 of 2 Legal Description ForAPN/Parcel li] s : 468-282.22T THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 8 and the Southeasterly 1.2 feet of Lot 7 in Block 74 of the Town (now City) of Fresno, in the County of Fresno, State of Califomia, as per map thereof recorded June 8, 1876, in Book 1 of Plats, at Page 2, Fresno County Records. The above described legal description is also known as Parcel B of Parcel Map 70-52 as per map recorded October 14, 1970 in Book 2 of Parcel Maps at Page 30, Fresno County Records. Page 2 of 2 00 _J o I j 1 1 N ;' �� ONOW � to �� i ap .Je: •00{ r� h m N �OO�N ct L6 L6 6 5 Off 4-�_____- �.0{ .OB r 1 ____ _ ---y � let - ----� - - - -- z 94 � ------••__ r4. f �vi N i i94 ____ N ___- iOle ol "1[_—__— n--- —.__-- i98 � Q _ _ — _ r — -- _ _ _ - - - - - - __-.-- - - - I n I 01 CO cr OANl 3arrinl m r � M ) 0 O M ch a1 6 a 00 CV CV Y •Y m m i LO M O o^D Z Z Q Q co N d O N n 4 November 7, 2025 TO: MAYOR JERRY DYER FROM: kTODD STERMER, MMC City Clerk [I Q Council Adoption: 11/06/2025 �°�rzoact- Mayor Approval: Mayor Veto: Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of November 6, 2025, Council adopted the attached Resolution No. 2025-318'RESOLUTION - 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 property identified as Assessor's Parcel Number(s) 468-28-05T & 468-28-22T (829 & 835 Fulton Street) for an affordable housing development. (Requires 5 Affirmative Votes) (Subject to Mayor's Veto), 9:25 A.M.-3, File ID 25-1530 by the following vote: Ayes : Perea, Karbassi, Arias, Maxwell, Vang, Richardson, Esparza Noes :None Absent :None Abstain :None ADMENDMENT: See attached memo Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before November 17, 2025. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the loth day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. ❑ RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Jerry yer, Mayor cs' r Date: Page 1 of 2 B 8 t f� rrI 0 COUNCIL OVERRIDE ACTION: Date; Ayes Noes Absent Abstain Page 2 of 2 nt i City of rn■. TODD STERMER, MMC City Clerk DATE: November 6, 2025 TO: Note to Veto Slip FROM: Todd Stermer, City Clerk r SUBJECT: Changes to the 9:25 Joint Meeting Agenda Item (ID 25-1530) of November 6, 2025 The following changes were read into the record by the City Clerk at the start of the November 6, 2025, City Council meeting. The changes are for the 9:25 AM Joint Meeting item, (ID 25-1530). Section 3.1 of the DDA will also need to be revised to remove the following language: The title in Section 3.1 will be revised to remove "Revision of Project" Section 3.1 will be further revised to remove the following language: However, the parties agree that in the event that Developer shall fail to receive all or any material portion of loans as contemplated by Developer, then the Project and Scope of Development contemplated by this Agreement shall may, in Owner's sole discretion, be renegotiated. and redefined in a manner consistent with a scaled down Project and Scope of Development (and the related Performance Schedule) taking into account the amount of the loan funds not received by Developer. Any such change shall be set forth in a written amendment to this Agreement. If the parties cannot agree on a revised Project and Scope of Development within a reasonable period of time not to exceed 180 days following the Close of Escrow, the Purchase Price less the nonrefundable Initial Deposit and any other fees for required land use entitlements, permits or other approvals shall be refunded to the Developer, the purchase and sale of the Property shall be rescinded and this Agreement shall be cancelled and the real property shall be reconveyed to the Owner. Exhibit D will be revised to change the following outside dates to February 28, 2026: o Preliminary Limited Offering memorandum o Provide evidence of commitment on all proposed and conditional funding o Escrow Closes (Land and Project funding)