HomeMy WebLinkAboutRES NO 086-16RESOLUTION NO. 08 6— 16
A RESOLUTION OF THE CITY OF BAKERSFIELD APPROVING AN
AMENDMENT OF THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF BAKERSFIELD, GARDINER FAMILY, LLC.,
AND ROSEDALE FARMING GROUP, LLC., AND FINDING THAT THE
PROPOSED AMENDMENT IS EXEMPT FROM THE REQUIREMENTS
OF CEQA.
WHEREAS, on December 14, 2005, the City entered into a Development
Agreement ( #05 -430) (the "Agreement ") with Gardiner Family, LLC, and Rosedale
Farming Group, regarding the future development of approximately 1,655 acres of
land in west Bakersfield, more commonly known as "Rosedale Ranch" (the "Area ");
and
WHEREAS, under the existing Agreement, a Community Facilities District ( "CFD ")
is to be formed to facilitate the collection of fees and special taxes regarding the
operation and maintenance of police and fire facilities and services, including salary
and benefits of personnel, as well as finance capital costs related to those facilities,
required by new residential development within the Area; and
WHEREAS, as a result of recent legislation and case law regarding tax exempt
financing assistance to developers for public infrastructure since the adoption of the
Agreement, the City and the property owners have proposed to amend the
Agreement as shown on Amendment No. 1, attached hereto as Exhibit A
( "Amendment "), to limit the scope of the CFD to services only and not infrastructure or
facilities, since financing public infrastructure or facilities might trigger prevailing wage
requirements on any improvements constructed by the developer; and
WHEREAS, the existing Agreement also provides that new residential
development in the Area will be assessed annually, through the CFD, from the date
the building permit is first issued on a residential property within the CFD through the
current termination date of December 14, 2025 to help offset the cost of fire and
police protection services required by the new development within the Area; and
WHEREAS, for consistency with the City's intent at the time the Agreement was
entered into, the term of the Agreement needs to be amended to allow the CFD
assessments to be collected for a full twenty -year period from the date each
residential permit is issued; and
WHEREAS, the existing police and fire facilities adjacent to the Area are
adequate to service the Area; and
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WHEREAS, the CFD will not be formed simultaneously with the amendment of the
Agreement, but will be formed at a later date with the understanding that the
property owners may not transfer any portion of the Area until the CFD is formed; and
WHEREAS, the parties to the Agreement also desire to amend the Agreement to
revise the timing of the City's obligation to acquire right -of -way for the West Beltway,
clarify that the project's owner is responsible to fund the design, development,
construction and maintenance of all public improvements required by the
development of the Area, and correct a misstated effective date for the Agreement;
and
WHEREAS, the parties to the Agreement have mutually agreed to the
Amendment as outlined above; and
WHEREAS, during the April 21, 2016 Planning Commission meeting, after a Public
Hearing, the Commission recommended to the City Council that the Agreement be
amended as outlined herein; and
WHEREAS, the Clerk of the Council of the City of Bakersfield set, Wednesday,
May 18, 2016, 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; 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.
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, for the reasons stated above, the Amendment is consistent with the
Metropolitan Bakersfield General Plan;
3. That the Amendment is exempt from the requirements of CEQA, pursuant
to State CEQA Guidelines Section 15061(b) (3), General Rule; and
4. That Amendment No. 1 to the Development Agreement attached
hereto as Exhibit "A" is hereby approved.
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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
MAY 18 2016 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AY COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SUWVAN, PARLIER
NOES: COUNCILMEMBER NDI'V.
ABSTAIN: COUNCILMEMBER 140"L
ABSENT: COUNCILMEMBER NWU•
4&k witioe
CITY CLERK and Ex Offtflo Clerk of the
Council of the City of Bakersfield
MAY 18 1016
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGIN ENNAR , CITY ATTORNEY
By
ANDREW HEG ND
Deputy City Attorney
AH:vlg
Attachment Exhibit A — Amendment No. I to Development Agreement
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