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Home My WebLink AboutRES NO 094-2021RESOLUTION NO. 09 4- 2 0:2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE SALE OF REAL PROPERTY BY THE CITY OF BAKERSFIELD FOR $320,000 TO THE HOUSING AUTHORITY OF THE COUNTY OF KERN AND THE CESAR CHAVEZ FOUNDATION WHEREAS, the Redevelopment Plan for the Old Town Kern -Pioneer Redevelopment Project Area (the 'Redevelopment Plan") was approved and adopted by the City Council of the City of Bakersfield; and WHEREAS, the City of Bakersfield, in its capacity as the Housing Successor Agency to the now dissolved Bakersfield Redevelopment Agency (the "City") is authorized and empowered under California Law to enter into agreements for the acquisition, disposition and development of real property and otherwise assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area, to acquire real and personal property within redevelopment project areas, to receive consideration for the provision by the City of Bakersfield of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to exercise its powers, and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the City owns that certain real property of approximately 1.47 acres located between Baker Street, King Street, Lake Street and Kentucky Street ("the Property') and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, HOUSING AUTHORITY OF THE COUNTY OF KERN and CESAR CHAVEZ FOUNDATION, ("the Optionees") desire to acquire an option to purchase the Property to develop 85 residential units and 5,000 square feet of commercial space, and has agreed to purchase the Property for THREE HUNDRED AND TWENTY THOUSAND DOLLAR ($320,000). The use of the Property is in accordance with the Redevelopment Plan and the requirements of the City of Bakersfield; and WHEREAS, the purchase price is based upon the appraised fair market value of the property at its highest and best use as appraised by Merriam Hurst & Associates, Inc.; and WHEREAS, the City desires to enter into an Option Agreement for the potential conveyance of the Property (the "Agreement") with the Buyer to Page 1 of 4 Fn 'v o ORKGAAL implement the provisions of the Redevelopment Plan by providing a mixed use project; and WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the CITY is authorized, with the approval of the Bakersfield City Council, after a duly noticed public hearing, to sell or lease the Property, for development pursuant to the Redevelopment Plan upon a determination by the City Council that the disposition of the Property will assist in the elimination of blight, and is consistent with the implementation plan adopted for the redevelopment project area pursuant to the Health and Safety Code Section 33490, and the consideration for such disposition is not less than either the fair market value or fair reuse value of the Property in accordance with the covenants and conditions governing the disposition and development costs required thereof; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of the Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of the Health and Safety Code Section 33433; and WHEREAS, on June 2, 2021, the City Council held a duly noticed public hearing on the proposed conveyance of the Property in accordance with the requirements of the Health and Safety Code Section 33433, at which time the City Council reviewed and evaluated all the information, testimony, and evidence presented during the public hearing; and WHEREAS, Section 15312 of the Guidelines for the California Environmental Quality Act, Title 14, California Code of Regulations, Sections 15000 et. seq. (the "CEQA Guidelines"), provides that sale of real property by a governmental entity is categorically exempt from CEQA; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has reviewed the summary report required pursuant to the Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to the Health and Safety Code Section 33433; and WHEREAS, the City Council has duly considered all the terms and conditions of the proposed Agreement and believes that the option to purchase and dispose of the Property pursuant thereto is in the best interest of the City of Bakersfield and the health, safety, and welfare of its residents, and in Page 2 of 4 accord with the public purposes and provisions of the applicable state and local laws and requirements; and WHEREAS, the RDA initially acquired seven properties from the property owners, relocated businesses and residential occupants and demolished the buildings for approximately ONE MILLION, TWO HUNDRED SIXTY-THREE THOUSAND, FIVE HUNDRED ONE DOLLARS 11/100 ($1,263,501.11.00) for the purpose of facilitating the redevelopment of the Project Site; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLLOWS: 1. The above recitals are true and correct and incorporated herein. 2. The City Council finds and determines that, based upon evidence provided in the record before it, the consideration for the City's disposition of the Property pursuant to the terms and conditions of the Agreement, is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan. 3. The City Council hereby finds and determines that the disposition of the Property pursuant to the Agreement will: (i) assist in the elimination of blight by providing for the development of affordable housing which will serve as a catalyst for the development of other property in the Old Town Kern -Pioneer Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Old Town Kern -Pioneer Redevelopment Project Area adopted by the Agency pursuant to the Health and Safety Code Section 33490. 4. The City Council hereby finds and determines that the disposition of the Property is categorically exempt from the requirements of CEQA pursuant to Section 15312 of the CEQA guidelines. 5. The City Clerk is hereby authorized to prepare and file a Notice of Exemption with the Clerk for the County of Kern. 6. The City Council hereby authorizes the City Manager to execute the option agreement and take such actions and to execute such other documents on behalf of the CITY as necessary relative to the implementation and furtherance of the Agreement. Page 3 of 4 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 JUIN 0 2 1021 , by the following vote: AYES'' COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARL R NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER �9 - ABSENT: COUNCILMEMBER��y�� I -"�ztlh J LIE DRIMAKIS,_CMC- CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUIN 0 2 2021 By: 17114AM 491 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney §HUA RUDNICK puty City Attorney Page 4 of 4 �Q,AKFP m ORIGAAI EXHIBIT "A" LEGAL DESCRIPTION BEING A MERGER AND REDIVISION OF LOTS 1 THROUGH 11 INCLUSIVE, LOTS 28 THROUGH 32 INCLUSIVE OF BLOCK 56, LOTS 1 THROUGH 321 INCLUSIVE OF BLOCK 57 OF THE CITY OF BAKERSFIELD, FORMERLY KNOWN AS THE TOWN OF KERN PER MAP RECORDED JANUARY 12,1889 IN MAP BOOK 1, PAGES 15 AND 161N THE OFFICE OF THE KERN COUNTY RECORDER, TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJACENTTHERETO THAT WOULD ATTACH BY OPERATION OF LAW, AS ABANDONED BY THE CITY OF BAKERSFIELD PURSUANTTO RESOLUTION No. 136-06 RECORDED MAY30, 2006 AS INSTRUMENT No. 0203132307 AND RECORDED DECEMBER 1, 2006 AS INSTRUMENT No. 0206295259 BOTH OF OFFICIAL RECORDS. ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL 4 LOTS 17 THROUGH 32, IN BLOCK 57 OF THE PORTION OF THE CITY OF BAKERSFIELD, FORMERLY KNOWN ASTHETOWN OF KERN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 12, 1889, IN BOOK 1, PAGES 15 AND 16, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THE SOUTH HALF OF THEVACATED ALLEY ADJACENT THERETO THAT WOULD ATTACH BY OPERATION OF LAW, AS ABANDONED BY THE CITY OF BAKERSFIELD PURSUANT TO RESOLUTION No. 136-06 RECORDED MAY 30, 2006 AS INSTRUMENT No. 0206132307 AND RECORDED DECEMBER 1, 2006 AS INSTRUMENT No. 0206295259 BOTH OF OFFICIAL RECORDS. ALSO TOGETHER WITH THAT PORTION OF THE EAST HALF OF BAKER STREET, THE NORTH HALF OF KENTUCKY STREET AND THE WEST HALF OF KING STREET LYING ADJACENT TO THEABOVE- DESCRIBED PARCELS. CONTAINS 96,047 (GROSS), 64,038 (NET) SQUARE FEET MORE OR LESS. L 6 AKF9 A - 1 0' �-- m r v OfRIGAAL