Loading...
HomeMy WebLinkAboutRES NO 120-13RESOLUTION NO. 1 2 0 , 13 A RESOLUTION OF THE CITY OF BAKERSFIELD RECOMMENDING APPROVAL OF AN AMENDMENT OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BAKERSFIELD, CASTLE & COOKE CALIFORNIA, INC. AND BOLTHOUSE PROPERTIES, LLC., AND FINDING THAT THE PROPOSED AMENDMENT IS EXEMPT FROM THE REQUIREMENTS OF CEQA WHEREAS, in August 2007, the City entered into a Development Agreement ( #07 -310) (the "Agreement ") with Castle & Cooke California Inc., and Bolthouse Properties LLC regarding the future development of approximately 2,180 acres of land in west Bakersfield, more commonly known as the West Ming Specific Plan area (the "Area "); and WHEREAS, during the September 5, 2013 Planning Commission meeting, the Commission recommended to the City Council that the Agreement be amended to limit the scope of the required community facilities district ( "CFD ") to services only and not infrastructure or facilities since financing public infrastructure or facilities could trigger prevailing wage requirements on any improvements constructed by the developer; and WHEREAS, the Planning Commission also further recommended that the City Council amend the term of the Agreement and the scope of the special taxes outlined in the Agreement, including those related to the CFD, to clarify an ambiguity in the Agreement and allow the special taxes to be assessed for a full twenty -year period from the date each residential permit is pulled, which was the City's intent; and WHEREAS, after the CFD is formed, new residential development in the Area will be assessed annually to help offset the cost of fire and police protection services required by the new development within the Area; and WHEREAS, staff has determined that existing police and fire facilities adjacent to the Area are adequate to service the Area, and owners of residential property within the Area will fund, through the CFD, additional police and fire services utilizing those existing facilities. The Amendment then is consistent with the Metropolitan Bakersfield General Plan and the West Ming Specific Plan; and S: \COUNCIL \Resos \13 -14 \West Ming- AmendAgr.Reso09- 11- 13.docx -- Page 1 of 3 Pages -- WHEREAS, the parties to the Agreement have mutually agreed to propose the attached amendment to limit the scope of the CFD and clarify the term of the Agreement and the scope of the related special taxes; and WHEREAS, the amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15061(b) (3), General Rule; and WHEREAS, the Clerk of the Council of the City of Bakersfield set, Thursday, September 11, 2013, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Council of the City of Bakersfield to consider the application, and notice of the public hearing was given in the manner provided in by Government Section 65867. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct; 2. That the amendment is exempt from the requirements of CEQA; 3. For the reasons stated above, that the amendment is consistent with the Metropolitan Bakersfield General Plan and the West Ming Specific Plan; and 4. That Amendment No. 1 to the Development Agreement attached hereto as Exhibit "A" is hereby approved. S: \COUNCIL \Resos \13 -14 \West Ming- AmendAgr.Reso09 -1 1- 13.docx -- Page 2 of 3 Pages -- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on September 11, 2013, by the following vote: AY� COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANKON, SULLIVA , JOHNSON NOES: COUNCILMEMBER ,nlNsa- ABSTAIN: COUNCILMEMBER 6� ABSENT: COUNCILMEMBER YlG`(�Sl/ Ni • SEP 11 1013 HARVEY L. HALL Mayor —C-4" za" — CITY CLERK and Ex Officio berk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By OAMA ANDREW HEGLUN Deputy City Attorney AH /vl Attachment: Exhibit A — Amendment No. 1 to Development Agreement S: \COUNCIL \Resos \13 -14 \West Ming- AmendAgr.Reso09- 11- 13.docx -- Page 3 of 3 Pages -- AGREEMENT NO. 07 -310 (1) AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 This AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), CASTLE & COOKE CALIFORNIA, INC., a California corporation ( "CASTLE & COOKE "), BOLTHOUSE PROPERTIES, LLC, a California limited liability corporation ( "BOLTHOUSE ") (CASTLE & COOKE and BOLTHOUSE collectively "DEVELOPER "), HOUCHIN COMMUNITY BLOOD BANK, a California public benefit nonprofit corporation ( "HOUCHIN "), HOFFMAN HOSPICE OF THE VALLEY, INC, a California public benefit nonprofit corporation ( "HOFFMAN "), KERN SCHOOLS FEDERAL CREDIT UNION, a federally chartered credit union ( "KERN SCHOOLS "), SIERRA OAKS PARTNERS, LLC, a California limited liability company ( "SIERRA "), and BOLTHOUSE DEVELOPMENT COMPANY, LLC, a California limited liability company ( "BDC "), (HOUCHIN, HOFFMAN, KERN SCHOOLS, SIERRA, and BDC, each a "CONSENTING PARTY" and collectively "CONSENTING PARTIES "). RECITALS WHEREAS, on August 29, 2007, CITY and DEVELOPER entered into Agreement No. 07 -310 (the "Development Agreement ") through which DEVELOPER would develop the "West Ming Specific Plan "; and WHEREAS, the Development Agreement does not accurately memorialize CITY's intent related to the imposition of certain fees and special taxes required by the Development Agreement; and WHEREAS, CITY intended that those fees and special taxes be required of each residential unit built within the West Ming Specific Plan equally throughout the Term of the Development Agreement, as amended herein; and WHEREAS, the parties desire to amend the term of the Development Agreement to allow those fees and special taxes to be imposed and collected in accordance with CITY's intent; and WHEREAS, the parties also desire to amend Section I.C., "Community Facility District for Public Facilities and Operation and Maintenance" of the Development Agreement to clarify the purpose for which the Community Facilities District will be established under the Development Agreement. Amendment No. 1 to Agreement No. 07 -310 S:\ Planning \Agrs \12- 13 \Westmingamd 1 toagr08- 26- 13.FnI.Docx August 26, 2013 -- Page 1 of 6 Pages -- NOW, THEREFORE, incorporating the foregoing recitals herein, CITY, DEVELOPER, and CONSENTING PARTIES mutually agree to amend the Development Agreement as follows: 1. Section I, Paragraph C of the Development Agreement entitled "Community Facility District for Public Facilities and Operation and Maintenance" is hereby amended to read as follows: C. Community Facility District for Fire and Police Protection Services. Developer agrees to support the establishment of a Community Facilities District (the "Services CFD ") for the sole purpose of providing fire and police protection services in the West Ming Specific Plan ( "Fire and Police Protection Services "). The Services CFD shall be for services only, and shall not provide funds for construction or maintenance of facilities. All special taxes levied by the Services CFD shall be paid to the City for Fire and Police Protection Services. The special taxes will be calculated and levied as outlined on the Rate and Method of Apportionment of Special Tax ( "RMA "), attached hereto as Exhibit D and incorporated herein by this reference; provided, however, that if any term in this Agreement has a different meaning than the meaning attributed to that term in the RMA, the definition in this Agreement controls as it relates to the term's usage in this Agreement. 2. Section II, Paragraph G of the Development Agreement entitled "Term of Map(s)" is hereby amended to read as follows: G. Term of Map(s). Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any tentative map(s), map(s), vesting tentative map(s), tentative parcel map(s), vesting parcel map(s), tract map(s), final map(s), and any other form of subdivision map(s) relating to all or a portion of the Project on all or any portion of the Property shall be extended for a period of time to the longer of, (i) the scheduled termination date of this Agreement, or (ii) the term of such maps under applicable provisions of the Subdivision Map Act, including any non - discretionary extensions and any granted discretionary extensions thereof; except that development impact fees shall be Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12 -13 \W estmingamd 1 toagr08- 26- 13.FnI.Docx August 26, 2013 -- Page 2 of 6 Pages -- frozen by virtue of any such map only for a period of time equal to the term of such map(s) which would exist absent this Agreement under applicable provisions of the Subdivision Map Act, including any automatic non - discretionary extensions thereof. 3. Section IV, Paragraph H of the Development Agreement entitled "Term" is hereby amended to read as follows: H. Term. Subject to the provisions of this Section and Section III.J., this Agreement shall commence upon the Effective Date and terminate when the Project has been fully developed and all of the City's and Developer's obligations in connection with the Project are satisfied as mutually determined by the City and the Developer (the "Term "), unless the Term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect; provided, however, that: 1. The expiration of the Term shall not affect any right or duty arising from City approvals, including, without limitation, the Project Approvals, the Future Approvals, the Ministerial Approvals and any reimbursement agreement(s) entered into pursuant to the terms of this Agreement; 2. All obligations of Developer hereunder shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly filed final subdivision maps upon final inspection and occupancy, subject to compliance with (a) the conditions imposed in connection with such filing, and (b) the conditions imposed in connection with the issuance of the building permits; provided, however, that termination of this Agreement as to any such lots or parcels shall not affect any requirements to comply with the terms and conditions of the applicable zoning, any development plan approvals, approval and acceptance of infrastructure improvements, any applicable permits, or any subdivision map or land use entitlements approved with respect to the Project, nor shall it affect any other Amendment No. 1 to Agreement No. 07 -310 S:\ Planning \Agrs \12- 13 \Westmingamd 1 toagr08- 26- 13.Fn1.Docx August 26, 2013 -- Page 3 of 6 Pages -- covenants specified in this Agreement to continue after the termination of this Agreement; and 3. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot except to the extent that any homeowners' association or property owners' association has incurred obligations as referenced in this Agreement or any special taxes have been imposed through the Services CFD as provided for herein. 4. The text of Section IV, Paragraph I of the Development Agreement entitled "Termination" is hereby stricken in its entirety and amended to read as follows: I. Intentionally omitted. 5. CONSENTING PARTIES hereby acknowledge and agree that, (i) all of the provisions of the Agreement, as amended by this Amendment, constitute covenants running with the land, and (ii) CONSENTING PARTIES and each of them are successors in title to BOLTHOUSE and CASTLE & COOKE, and that all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in the Agreement, as modified by this Amendment, are and shall, to the extent of CONSENTING PARTIES' respective lands within the West Ming Specific Plan or Property, be binding upon CONSENTING PARTIES and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring said lands, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of CONSENTING PARTIES and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring said lands, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. 6. From and after the date first written above, all references in the Agreement to the "Agreement" shall be deemed to be references to the Agreement as amended by this Amendment. 7. Except as amended herein, all other provisions of the Development Agreement shall remain in full force and effect. Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12- 13 \Westmingamd 1 toagr08- 26- 13.FnI.Docx August 26, 2013 -- Page 4 of 6 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to the Development Agreement to be executed the day and year first above written. "CITY" "DEVELOPER" CITY OF BAKERSFIELD CASTLE & COOKE CALIFORNIA, INC. By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DOUGLAS MCISAAC Director APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY ANDREW HEGLUND Deputy City Attorney By: Print Name: Title: By: Print Name: Title: BOLTHOUSE PROPERTIES, LLC By: Print Name: Title: APPROVED AS TO FORM: JONES & BEARDSLEY, P.C. MARK A. JONES, ESQ. Additional Signatures on Following Page Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12- 13 \Westmingamd 1 toagr08- 26- 13.Fnl.Docx August 26, 2013 -- Page 5 of 6 Pages -- COUNTERSIGNED: "CONSENTING PARTIES" HOUCHIN COMMUNITY BLOOD BANK NELSON SMITH By: Finance Director Print Name: Title: HOFFMAN HOSPICE OF THE VALLEY, INC. By: Print Name: Title: KERN SCHOOLS FEDERAL CREDIT UNION By: Print Name: Title: SIERRA OAKS PARTNERS, LLC LN Print Name: Title: BOLTHOUSE DEVELOPMENT COMPANY, LLC By: Print Name: Title: AH:vl Amendment No. 1 to Agreement No. 07 -310 S:\ Planning \Agrs \12- 13 \Westmingamdl toagr08- 26- 13.FnI.Docx August 26, 2013 -- Page 6 of 6 Pages -- AGREEMENT NO. 07 -310 (1) AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 This AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 is made and entered into on SEP 1 1 1013 , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), CASTLE & COOKE CALIFORNIA, INC., a California corporation ( "CASTLE & COOKE "), BOLTHOUSE PROPERTIES, LLC, a California limited liability corporation ( "BOLTHOUSE ") (CASTLE & COOKE and BOLTHOUSE collectively "DEVELOPER "), HOUCHIN COMMUNITY BLOOD BANK, a California public benefit nonprofit corporation ( "HOUCHIN "), HOFFMANN HOSPICE OF THE VALLEY, INC, a California public benefit nonprofit corporation ( "HOFFMAN "), KERN SCHOOLS FEDERAL CREDIT UNION, a federally chartered credit union ( "KERN SCHOOLS "), SIERRA OAKS PARTNERS, LLC, a California limited liability company ( "SIERRA "), and BOLTHOUSE DEVELOPMENT COMPANY, LLC, a California limited liability company ( "BDC "), (HOUCHIN, HOFFMAN, KERN SCHOOLS, SIERRA, and BDC, each a "CONSENTING PARTY" and collectively "CONSENTING PARTIES "). RECITALS WHEREAS, on August 29, 2007, CITY and DEVELOPER entered into Agreement No. 07 -310 (the "Development Agreement ") through which DEVELOPER would develop the "West Ming Specific Plan "; and WHEREAS, the Development Agreement does not accurately memorialize CITY's intent related to the imposition of certain fees and special taxes required by the Development Agreement; and WHEREAS, CITY intended that those fees and special taxes be required of each residential unit built within the West Ming Specific Plan equally throughout the Term of the Development Agreement, as amended herein; and WHEREAS, the parties desire to amend the term of the Development Agreement to allow those fees and special taxes to be imposed and collected in accordance with CITY's intent; and WHEREAS, the parties also desire to amend Section I.C., "Community Facility District for Public Facilities and Operation and Maintenance" of the Development Agreement to clarify the purpose for which the Community Facilities District will be established under the Development Agreement. Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12- 13 \Westmingamd 1 toagr08- 26- 13.FnI.Docx August 26, 2013 — Page 1 of 6 Pages — NOW, THEREFORE, incorporating the foregoing recitals herein, CITY, DEVELOPER, and CONSENTING PARTIES mutually agree to amend the Development Agreement as follows: 1. Section I, Paragraph C of the Development Agreement entitled "Community Facility District for Public Facilities and Operation and Maintenance" is hereby amended to read as follows: C. Community Facility District for Fire and Police Protection Services. Developer agrees to support the establishment of a Community Facilities District (the "Services CFD ") for the sole purpose of providing fire and police protection services in the West Ming Specific Plan ( "Fire and Police Protection Services "). The Services CFD shall be for services only, and shall not provide funds for construction or maintenance of facilities. All special taxes levied by the Services CFD shall be paid to the City for Fire and Police Protection Services. The special taxes will be calculated and levied as outlined on the Rate and Method of Apportionment of Special Tax ( "RMA "), attached hereto as Exhibit D and incorporated herein by this reference; provided, however, that if any term in this Agreement has a different meaning than the meaning attributed to that term in the RMA, the definition in this Agreement controls as it relates to the term's usage in this Agreement. 2. Section II, Paragraph G of the Development Agreement entitled "Term of Map(s)" is hereby amended to read as follows: G. Term of Map(s). Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any tentative map(s), map(s), vesting tentative map(s), tentative parcel map(s), vesting parcel map(s), tract map(s), final map(s), and any other form of subdivision map(s) relating to all or a portion of the Project on all or any portion of the Property shall be extended for a period of time to the longer of, (i) the scheduled termination date of this Agreement, or (ii) the term of such maps under applicable provisions of the Subdivision Map Act, including any non - discretionary extensions and any granted discretionary extensions thereof; except that development impact fees shall be Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12- 13 \Westmingamd 1 toagr08- 26- 13.FnI.Docx August 26, 2013 -- Page 2 of 6 Pages -- frozen by virtue of any such map only for a period of time equal to the term of such map(s) which would exist absent this Agreement under applicable provisions of the Subdivision Map Act, including any automatic non - discretionary extensions thereof. 3. Section IV, Paragraph H of the Development Agreement entitled "Term" is hereby amended to read as follows: H. Term. Subject to the provisions of this Section and Section III.J., this Agreement shall commence upon the Effective Date and terminate when the Project has been fully developed and all of the City's and Developer's obligations in connection with the Project are satisfied as mutually determined by the City and the Developer (the "Term "), unless the Term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties. Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect; provided, however, that: 1. The expiration of the Term shall not affect any right or duty arising from City approvals, including, without limitation, the Project Approvals, the Future Approvals, the Ministerial Approvals and any reimbursement agreement(s) entered into pursuant to the terms of this Agreement; 2. All obligations of Developer hereunder shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly filed final subdivision maps upon final inspection and occupancy, subject to compliance with (a) the conditions imposed in connection with such filing, and (b) the conditions imposed in connection with the issuance of the building permits; provided, however, that termination of this Agreement as to any such lots or parcels shall not affect any requirements to comply with the terms and conditions of the applicable zoning, any development plan approvals, approval and acceptance of infrastructure improvements, any applicable permits, or any subdivision map or land use entitlements approved with respect to the Project, nor shall it affect any other Amendment No. 1 to Agreement No. 07 -310 S:\ Planning \Agrs \12- 13 \WestmingamdI toagr08- 26- 13.Fn1.Docx August 26, 2013 -- Page 3 of 6 Pages -- covenants specified in this Agreement to continue after the termination of this Agreement; and 3. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot except to the extent that any homeowners' association or property owners' association has incurred obligations as referenced in this Agreement or any special taxes have been imposed through the Services CFD as provided for herein. 4. The text of Section IV, Paragraph I of the Development Agreement entitled "Termination" is hereby stricken in its entirety and amended to read as follows: I. Intentionally omitted. 5. CONSENTING PARTIES hereby acknowledge and agree that, (i) all of the provisions of the Agreement, as amended by this Amendment, constitute covenants running with the land, and (ii) CONSENTING PARTIES and each of them are successors in title to BOLTHOUSE and CASTLE & COOKE, and that all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in the Agreement, as modified by this Amendment, are and shall, to the extent of CONSENTING PARTIES' respective lands within the West Ming Specific Plan or Property, be binding upon CONSENTING PARTIES and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring said lands, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of CONSENTING PARTIES and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring said lands, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. 6. From and after the date first written above, all references in the Agreement to the "Agreement" shall be deemed to be references to the Agreement as amended by this Amendment. 7. Except as amended herein, all other provisions of the Development Agreement shall remain in full force and effect. Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12 -13\ Westminga and 1 toogr08- 26- 13.FnI.Docx August 26, 2013 -- Page 4 of 6 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to the Development Agreement to be executed the day and year first above written. "CITY" CITY OF BAKER IELD By: AffAiVEY L. HALL Mayor APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT By: DO LAS MCISAAC D' ctor APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATT NEY By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: "DEVELOPER" & COOKE CALIFORNIA, INC. Print Name: �'u cN't- GMcat/1 Title: i )L et S ' By: duhtfl Print Name: (. - <7"[k �� rte✓ Title: �5 Ole BOLTHOUSE PROPERTIES, LLC 64j;;e APPROVED AS TO FORM: JONES & BEARDSLEY, P.C. By: M RK A. JONES, ESQ. Additional Signatures on Following Page Amendment No. I to Agreement No. 07 -310 S:\ Planning \Agrs \12- 13 \Westmingamd1 toagr08- 26- 13.Fnl.Docx August 26, 2013 -- Page 5 of 6 Pages -- COUNTERSIGNED: By: NE O SMITH Finance Director AH:vI "CONSENTING PARTIES" HOUCHIN COMMUNITY BLOOD BANK Title: #A ors. le, 4e, co.0 HOFFMMN H9JSPICE OF TH9 VALL , INC. By: I� / Print Name: — Title: PAX41' -T-- KERN SCHOOLS FEDERAL CREDIT UNION Y• Print Name: Title: SIERRA A S ARTNERS, LLC By: /� Print Name: Cut / /" ,?y Title: BOLTHOUSE DEVELOPMENT COMPANY, LLC By Print Name: Title: Il Amendment No. 1 to Agreement No. 07 -310 S: \Planning \Agrs\ 12 -13 \W estmingamd 1 toagr08- 26- 13.Fnl.Docx August 26, 2013 -- Page 6 of 6 Pages —