HomeMy WebLinkAboutRES NO OB005-13RESOLUTION NO. OU 0 0 5— 13
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY TO THE DISSOLVED BAKERSFIELD
REDEVELOPMENT AGENCY RATIFYING THE DISPOSITION
OF SPECIFIED HOUSING PROPERTY PREVIOUSLY
CONVEYED TO THE CITY OF BAKERSFIELD FOR
AFFORDABLE HOUSING PURPOSES
WHEREAS, the California Legislature enacted ABxI 26 ( "ABxI 26 "),
effective June 28, 2011, to dissolve redevelopment agencies formed under the
Community Redevelopment Law (Health and Safety Code Section 33000 et
seq.), including the Bakersfield Redevelopment Agency (the "Former Agency ");
and
WHEREAS, pursuant to Health and Safety Code Section 34176, the City
Council approved Resolution No. 011-12 and declared that the City of
Bakersfield (the "City ") elected to retain the housing assets and functions
previously performed by the Former Agency effective February 1, 2012, the date
the Former Agency was dissolved pursuant to ABxI 26; and
WHEREAS, the Redevelopment Dissolution Statutes provide for the
appointment of an oversight board (the "Oversight Board ") with specific duties
to approve certain Successor Agency actions pursuant to Health and Safety
Code Section 34180 and to direct the Successor Agency in certain other actions
pursuant to Health and Safety Code Section 34181; and
WHEREAS, pursuant to Health and Safety Code Section 34176, all rights,
powers, duties, obligations, and housing assets (as defined in Section 34176(e))
transfer to the entity that retains the housing assets and functions previously
performed by the Former Agency (the "Housing Successor "); and
WHEREAS, Health and Safety Code Section 34181(c) authorize the
Oversight Board to direct the Successor Agency to transfer housing assets to the
Housing Successor pursuant to Health and Safety Code Section 34176; and
WHEREAS, Health and Safety Code Section 34177(g) further authorizes the
Oversight Board to effectuate the transfer of housing functions and assets to the
Housing Successor; and
WHEREAS, the Former Agency transferred a specified real property
located in the City of Bakersfield identified as APN 014- 270 -17, commonly
referred to as the "1006 Baker Street Housing Parcel" (the "Property ") to the City
for the Old Town Kern affordable housing development; and
WHEREAS, the Property subject of this Resolution is a housing asset, as such
term is defined in Health and Safety Code Section 34176(e)(1), consisting of real
property acquired for low- and moderate - income housing and mixed use
purposes; and
WHEREAS, in compliance with Health and Safety Code Section 34176, the
Oversight Board has considered and desires to approve and ratify the transfer of
the Property to the City as Housing Successor; and
WHEREAS, ratification of the disposition of the Property to the City as
Housing Successor for continued use for affordable housing is consistent with the
Former Agency's approved redevelopment plan;
WHEREAS, the ratification of the disposition of the Property pursuant to the
Resolution is exempt from the requirements of the California Environmental
Quality Act and the applicable state and local implementing guidelines
( "CEQA ") pursuant to State CEQA Guidelines Section 15061 (b)(3); and
WHEREAS, the accompanying staff report provides supporting information
upon which the action set forth in this Resolution is based.
NOW, THEREFORE, BE IT RESOLVED by the Oversight Board as follows:
SECTION 1. The foregoing recitals are true and correct, and, together with
information provided by the Successor Agency staff and the public, form the
basis for the approvals, findings, resolutions, and determinations set forth below.
SECTION 2. The Successor Agency Executive Director or the Executive
Director's designee is hereby authorized and directed to file a Notice of
Exemption with respect to the actions approved under this Resolution in
accordance with the applicable provisions of CEQA.
SECTION 3. Pursuant to Health and Safety Code Sections 34176, 34177(g),
and 34181(c), the Oversight Board hereby ratifies the disposition of the Property
to the City as Housing Successor in consideration for the City's continued use of
the property for affordable housing purposes.
SECTION 4. To implement the above direction, the Oversight Board
hereby approves and authorizes the Successor Agency Executive Director or the
Executive Director's designee to take any action and execute any documents,
in consultation with the City Attorney, acting in the capacity of counsel to the
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Successor Agency, as may be necessary to implement the ratification of the
disposition of the Property pursuant to the terms approved in this Resolution.
SECTION 5. The Successor Agency is hereby directed to notify the
California Department of Finance of the actions set forth in this Resolution in
accordance with Health and Safety Code Section 34181(f).
SECTION 6. This Resolution shall take effect at the time and in the manner
prescribed in Health and Safety Code Section 34179(h) and Section 34181(f).
PASSED AND ADOPTED by the Oversight Board at the special meeting held on
December 2, 2013.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF KERN
CITY OF BAKERSFIELD
I, ROBERTA GAFFORD, Acting Secretary to the Oversight Board, hereby
certify that the foregoing resolution was duly adopted at the regular meeting of
the Oversight Board on DE 0 2 2013 2013.
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APPROVED DEC 0 2 2013
By
PHILLIP BENTLY If
CHAIR, Oversight Board
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By %
JOSHUA H. RUDNICK
Deputy City Attorney II
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