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Home My WebLink About12/16/81 MINUTES RABakersfield, California, December 16, 1981 Minutes of a joint public hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 7:05 P.M., December 16, 1981. The meeting was called to order by Vice-Mayor Barton and Agency Chairman Casper, followed by the Pledge of Allegiance and a moment of silent praye=. The City Clerk called the roll of the Council, as follows: Present: Councilmen Ratty, Rockoff, Barton, Means Absent: Mayor Shell. Councilmen Strong, Christensen, Payne The City Clerk called the roll of the Agency, as follows: Present: Agency Members Bilas, Casper, Lewis, Mooneyham, Puder Absent: City Attorney Oberholzer stated the Council passed a bond issue authorizing the use of Commercial Rehabilitation Revenue Bonds for Bell Tower Associates who are reconstructing the Old Church Plaza structure. Included Kuhs, one of the partners, through the Revenue Bonds, in that was the representation by Mr. that with some of the money, obtained they would construct a parking structure on 17th Street, between "L" and "M" Streets. There is a parcel of property on the southwest corner of 17th and "M" Streets, which does not belon~ to Bell Tower Associates. In order to construct the parking structure that property must be acquired by Bell Tower Associates. Bell Tower Associates informed the City that they attempted to acquire the property through negotiations, but have been unsuccessful. Bell Tower Associates is requesting that the Redevelopment Agency get involved to the extent that the Agency acquire the property, if necessary by Eminent Domain, and sell it back to Bell Tower Associates so the parking structure can be placed across the whole half block from "L" to "M" Streets. The proposal before the Council and Redevelopment Agency tonight is a Negative Declaration on the project and a Disposition Bakersfield, California, December 16, 1981 -- Page 2 and Development Agreement. Basically, the agreement provides that the Redevelopment Agency will acquire the parcel of property on the southwest corner of 17th and "M" Streets and sell it back to Bell Tower Associates. Bell Tower Associates will pay the full cost of the acquisition of that property, whatever is determined by the court, if it goes to court. Eminent Domain action can be necessary if the property owner does not want to sell the property (the Council or Agency makes a determination that it is a public necessity that the property be acquired by the public agency), and if they do not object to the acquisition, but cannot reach a resolution as to the fair market value. Under those two circumstances the issue can end up in court for resolution. In the event that is necessary Bell Tower Associates has agreed to pay all the court costs, any addi- tional costs awarded by the court and any fees that might be incurred by the City in the Eminent Domain process. City Attorney Oberholzer then made the following corrections to the Disposition and Development Agreement: 1. Page 2 corrected the word principles to principals. 2. Page 3 - Section 204 has been revised to reflect when the Agency acquires possession of the site that the Agency will then deliver that possession to the developer. The reason for the correction to Section 204 is, if it goes to litigation it could take a year or longer. There is a remedy available, through the courts, in which the public agency can acquire immediate possession of the property through "Lis Pendens Action". At that time the Agency deposits with the court the appraised value of the property. The court then awards possession to the Agency. It would be the recommendation, if you chose to go with this program, that the City turn that possession over to the developer so they can begin construction of the parking structure. Bakersfield, Califronia, December 16, 1981 - Page 3 Mr. William Kuhs, partner in Bell Tower Associates, stated the parking structure will not cover the entire block from "L" to "M" Streets, because there is a bank drive-in that takes approxi- mately 40 feet of the westerly end of the north half of Block 288. The parking structure will occupy Lots 1, 2, 3 and a portion of 4. The bond closing took place in New York and the proceeds have been delivered. It was a $3,000,000 bond issue and approximately $900,000 has been earmarked to acquire Lot 1 and build the parking structure. The parking structure has been designed. Mr. Kuhs then explained the process they have gone through to acquire Lot 1. Mr. Robert AMiller, Project Director for Bell Tower Associates, with the aid of plans and elevations, explained the project to the Council and Agency members. Councilman Rockoff asked if the condemnation proceeds, is the City protected or assured that the parking structure will be constructed. It would be terrible to have a condemnation and the parking structure never gets constructed. City Attorney 0berholzer stated that is the substance of the Disposition and Development Agreement before the Council and Agency tonight for their approval. That protection is one of the specific performances of the agreement. Agency Member Bilas expressed his concerns regarding Eminent Domain and stated he thought this country was based on the existence of private property. City Attorney Oberho!zer stated before Eminent Domain action can be taken by the Redevelopment Agency there will be a public hearing and the property owner will be notified. The owner of that property will be allowed to challenge the Redevelopment Agency with respect to the issue of whether the public necessity requires the taking of his property. The decision will be made at that time on whether or not to proceed with Eminent Domain proceedings. Bakersfield, California, December 16, 1981 -- Page 4 Agency ~ember Bilas stated he is terribly concerned about the fact that this Agency can, through the laws of Eminent Domain, acquire anybodys property within the Redevelopment Area and he feels that is basically wrong. He wanted to know what protection or assurance he has, if he votes to proceed, that the right to private property, within the Redevelopment Area, is in fact main- rained by ]aw, because if that is not done here then private property does not exist. City Attorney Oberholzer stated that is exercised by individuals at the time of the public hearing on the issue of public necessity. At that ti~ne he has the right to come before this body and challenge that determination. Vice-l~ayor Barton opened the hearing and called for oral and wrftten conments from persons in regards to the Negative Declaration, objections to and Jn favor of the proposed agreement. No oral or written comments being received, either in favor or objecting to, the public portion of the hear~ing was closed for deliberation and action. Adoption of Resolution No. 93-81 of the Council of the City of Bakers- field approving the adopting a Negative Declaration for the Proposed Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bell Tower Associates for the sale of property located in the Dov~town Bakersfield Redevelopment Project Area and the development of said property. Upon a motion by Councilman Ratty, Resolntion No. 93-81 of the Council of the City of Bakersfield approving and adopting a Negative Declaration for the Proposed Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bell Tower Associates for the sale of property located in the Downto~ Bakersfield Redevelopment P~o~ect Area and the development of said property, was adopted by the following roll call vote: Ayes: Council. men Ratty, Roc]ioff, Barton, Means Noes: None Absent: Councilmen Strong, Chr'istensen, Payne Bakersfield, C~lifornia, December 16, 1981 - Page 5 Adoption of Resolution No. 94-81 of the Council of the City of Bakers- field making certain findings with respect to a Disposition and Develop- ment Agreement between the Bakers- field Redevelopment Agency and Bell Tower Associates approving the pro- posed sale of certain real property and the Disposition and Development Agreement for a Multi-Level Parking Structure. Upon a motion by Councilman Ratty, Resolution No. 94-81 of the Council of the City of Bakersfield making certain findings with respect to a Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bell Tower Associates approving the proposed sale of certain real property and the Disposition and Development Agreement for a Multi-Level Parking Structure, was adopted by the following roll call vote: Ayes: Councilmen Ratty, Rockoff, Barton, Means Noes: None Absent: Councilmen Strong, Christensen, Payne Adoption of Resolution No. RA4-81 of the Bakersfield Redevelopment Agency approving and adopting a Negative Declaration for the Proposed Dis- position and Development Agreement between the Bakersfield Redevelop- ment Agency and Bell Tower Associates for the sale of property located in the Downtown Bakersfield Redevelopment Project Area and the development of said property. Upon a motion by Agency Member Puder, seconded by Agency Member Lewis, Resolution No. RA4-81 of the Bakersfield Redevelop- ment Agency approving and adopting a Negative Declaration for the Proposed Disposition and Development Agreement between the Bakers- field Redevelopment Agency and Bell Tower Associates for the sale of property located in the Downtown Bakersfield Redevelopment Project Area and the development of said property, was adopted by the following roll call vote: Ayes Agency Members Bilas, Casper, Lewis, Mooneyham, Puder Noes None Absent: Agency Members Foth, Winer Bakersfield, California, December 16, 1981 Page 6 Adoption of Resolution No. ~5-81 of the Bakersfield Redevelopment Agency making certain findings with respect to a Disposition and Development Agreement between the Agency and Bell Tower Associates approving the proposed sale of certain real property and the Disposition and Development Agreement for a Multi-Level Parking Structure; and authorizing the execution and implementation of said Disposition and Development Agreement. Upon a motion by Agency Member Lewis, seconded by Agency Member Mooneyham, Resolution No. ~5-81 of the Bakersfield Redevelop- ment Agency making certain findings with respect to a Disposition and Development Agreement between the Agency and Bell Tower Associates approving the proposed sale of certain real property and the Disposition and Development Agreement for a Multi-Level Parking Structure; and authorizing the execution and implementation of said Disposition and Development Agreement, was adopted by the follow~g roll call vote: Ayes: Agency Members Bilas, Casper, Lewis, Moone~am, Puder Noes: None Absent: Agency Members Foth, Winer ADJOU~MENT Agency Chai~an Casper adjourned the Redevelopment Agency's portion of the joint p~lic hearing held to consider the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bell Tower Associates, at 7:55 p.m. Upon a motion by Councilman Rockoff, joint p~lic hearing before the Council and Redevelopment Agency on the Disposition and Development Agreement between the Bakersfield Redevelopment Agency and Bell Tower Associates, was adjourned at~.~'i55 p.m. Bakersfield ~e~evelo~Agency Roberta F. Allison, Secretary to the Bakersfield Redevelopment Agency