HomeMy WebLinkAboutRES NO 102-03RESOLUTION NO. I 0 ~, ' 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $1.00 TO PARKVlEW COTTAGES, LLC.
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 Bakersfield Redevelopment Agency (the "Agency") is authorized
and empowered under Community Redevelopment 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 Agency 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 Agency owns that certain real property of approximately 7.5
acres located between 21st Street, "R" Street, the Kern Island Canal and 23rd Street
("the Property") and is more particularly described in Exhibit "A" ("Legal Description"),
which is attached hereto and incorporated herein by reference; and
WHEREAS, PARKVIEW COTTAGES, LLC, ("the Buyer") desires to acquire the
Property to develop seventy-four affordable single-family homes and has agreed to
purchase the Property for ONE DOLLAR ($1.00). 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 a fair reuse analysis conducted by
Rosenow Spevacek Group, Inc.; and
WHEREAS, the Agency desires to enter into a Disposition and Development
Agreement for the conveyance of the Property (the "Agreement") with the Buyer and a
builder in order to implement the provisions of the Redevelopment Plan by providing
affordable housing; and
WHEREAS, pursuant to Section 33433 of the California Health and Safety Code,
the Agency 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 11, 2003, 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 disposition 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 accord with the public purposes and provisions of the
applicable state and local laws and requirements; and
WHEREAS, the Agency initially acquired the Property by purchasing it from the
Kern County Board of Education and California Water Service Company for
approximately ONE MILLION, NINE HUNDRED THIRTY-FIVE THOUSAND DOLLARS
($1,935,000.00); and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLLOWS:
1. The City Council finds and determines that, based upon evidence
provided in the record before it, the consideration for the Agency's disposition of
the Property pursuant to the terms and conditions of the Agreement, is not less
than the fair reuse value in accordance with the Redevelopment Plan.
2. 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.
3. 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.
4. The City Clerk is hereby authorized to prepare and file a Notice of
Exemption with the Clerk for the County of Kern.
5. The City Council hereby concurs in the authorization of the
Agency's chair executing the Agreement, and to take such actions and to
execute such other documents on behalf of the Agency as necessary relative to
the implementation and furtherance of the Agreement.
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
Council of the City of Bakersfield at a regular meeting thereof held on
JUN 1 1 2003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER COUCH, CARSON,~EN ~Ae~, MAC~GAR~, HANSON, SULLIVAN, SALVAGGIO
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
CITY CLERK and Ex Officio Cler~ of the
Council of the City of Bakersfield
APPROVED: JUN 11 ZOO3
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
/~'JANICE ~CANLAN
Deputy City Attorney
S;council/resos/cottages33433,doc
EXHIBIT "A"
LEGAL DESCRIPTION
Parcels E, F, H, I, J and K of Lot Line Adjustment No. 99-0752, as per Certificate of
Compliance recorded November 19, 1999 as Document No. 0199166479 of Official
Records of the Kern County Recorder's Office located in the City of Bakersfield, County
of Kern, State of California.
All that portion of "T" Street vacated by Resolution ~481 of the City Council of the City of
Bakersfield November 26, 1923, in the City of Bakersfield, County of Kern, State of
California, described as follows: Beginning at the southeast corner of Block 184 of said
City of Bakersfield as delineated on the "Sales Map of the Kern County Land Company"
showing its subdivisions and additions to the City of Bakersfield, dated March 10, 1904,
and filed in the office of the County Recorder on April 19, 1904 in Book 1, Page 13 of
Maps; thence east 10.94 feet; thence north 20° 50' east 123.58 feet; thence west 54.89
feet to a point in the east line of Block 184; and thence south 115.5 feet to the point of
beginning.
Also known as APNs 005-030-16, 21, 22, 24, 25, 26 and 27