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Home My WebLink AboutRES NO 268-06 RESOLUTION NO. 268-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE PROVISION OF ASSISTANCE BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS RELATED TO THE FIRE STATION NO.5 PROJECT (SOUTHEAST REDEVELOPMENT PROJECT AREA). WHEREAS, the City of Bakersfield, by Ordinance No. 3905, adopted the Southeast Redevelopment Plan and Project (the "Project") for the Southeast Redevelopment Project Area ("Project Area") in June, 1999; and WHEREAS, the Bakersfield Redevelopment Agency ("Agency"), is implementing the Plan, pursuant to the California Redevelopment Law, and is receiving tax increment from the Project Area; and WHEREAS, pursuant to actions approved on December 15, 2004, the Agency acquired property consisting of approximately 2.62 acres, approximately 1,000 feet east of Union Avenue on the North side of White Lane in Bakersfield (the "Property"); and WHEREAS, the City of Bakersfield seeks to develop a fire station, a police substation and related improvements on the Property (collectively known as the "Fire Station NO.5 Project"); and WHEREAS, the Agency and the City have negotiated a Disposition and Development Agreement ("DDA") setting forth the terms and conditions of the financing and development of the Fire Station NO.5 Project; and WHEREAS, pursuant to the terms of the DDA, the Agency will convey the Property and provide additional financing to the City; and WHEREAS, the Implementation Plan for the Southeast Redevelopment Project Area contains a section entitled Capital Improvements Plan, wherein it is stated that the Project Area is deficient in public improvements; and WHEREAS, Health & Safety Code Section 33445 requires that a redevelopment agency may, with the consent of the legislative body, pay for all or a part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned, if the legislative body makes certain findings; and 1 'O~( . ~'u -'"\ .')...- t- rr (3 ~~. OfW WHEREAS, Health & Safety Code Section 33679 requires that the legislative body hold a public hearing before a redevelopment agency commits to use a portion of tax increment for the purpose of paying all or a part of the value of land for, assists in the development of a public facility, and/or the cost of the installation and construction of any publicly owned building; and WHEREAS, Health & Safety Code Section 33434 requires that the legislative body approve of any sale or lease of property acquired by a redevelopment agency, after a public hearing; and WHEREAS, the DDA between the Agency and the City calls for the "sale" or conveyance of property acquired by the Agency for the Fire Station No. 5 Project to the City; and WHEREAS, because the property acquired by the Agency will be conveyed to the City at no cost, and will be used for the public facilities constituting the Fire Station NO.5 Project, information related to the "re-use value" of the property to be conveyed to the City is not necessary; and WHEREAS, pursuant to Health & Safety Code Section 33679, the City and Agency made available to the public a Summary Report on the Fire Station No. 5 Project, dated October 11, 2006 ("Summary Report"), which includes: (a) a description of the Fire Station No. 5 Project; (b) a explanation of the sources of public funds necessary to finance the development of the Project, including an estimate of the amount of taxes proposed to pay for development of the Project; (c) facts supporting the determinations to be made by the City herein; and (d) an explanation of why the Fire Station No. 5 Project will assist in the elimination of blight and primarily benefit the Southeast Redevelopment Project Area; and WHEREAS, pursuant to Health & Safety Code Sections 33431, 33434 and 33679, the public hearing was advertised once a week for two successive weeks in a newspaper of general circulation in the community prior to the hearing; and WHEREAS, Health & Safety Code Sections 33445 and 33678 requires that the City Council make certain findings with respect to the provision of redevelopment agency assistance for publicly owned improvements; and WHEREAS, the City of Bakersfield's Planning Director has found the transfer of the property is consistent with the Bakersfield General Plan. 2 ~(:>..K~-9 ~ ~ >- m t- r- o 0 ORIGINAL NOW, THEREFORE, BE IT RESOLVED: Section 1. Providing an additional fire station and "storefront" or Police substation is an important goal identified in the Southeast Bakersfield Redevelopment Plan and its Implementation Plans as a means of eliminating blight. The Community Redevelopment Law provides the Agency with the authority to ameliorate blighting conditions and to convey property to public bodies for public purposes. Section 2. The City Council of the City of Bakersfield hereby finds and determines: A. The proposed Fire Station No. 5 Project is of primary benefit to the Southeast Bakersfield Redevelopment Project Area. B. No other reasonable means of financing the Fire Station NO.5 Project are available to the community. C. The payment of funds for the acquisition of land and for the development and construction of the publicly owned facilities constituting the Fire Station NO.5 Project will assist in the elimination of one or more blighting conditions inside the Southeast Bakersfield Redevelopment Project Area. D. The sale or conveyance of Agency-acquired land to the City for the Fire Station No. 5 Project is consistent with the Implementation Plan for the Southeast Bakersfield Redevelopment Plan, in accordance with Health & Safety Code Section 33490. The Implementation Plan for the Southeast Bakersfield Redevelopment Project contained a Capital Improvements Plan which identified the fire station facilities as an important objective. The disposition of the Property will help realize that activity and therefore the sale of the Property to the City upon the terms and conditions set forth in the DDA is consistent with the Implementation Plan adopted for the Southeast Bakersfield Redevelopment Project Area. Section 3. The City Council of the City of Bakersfield hereby approves the Disposition and Development Agreement for the Southeast Fire Station, and directs the requisite City personnel to execute said document. 3 ~ ~p..k~"9 () ~ >- - t- m _ r- <.) 0 ORIGINAL I 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 aCT 11 200& by the following vote: r~ ~S: ABSTAIN: ABSENT: v-- v- v- e..-- v v- -- COUNCILMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED OCT 11 2006 it" PAMELAA. McCARTHY, CMC CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfield HARVEY l. HAL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~?n. ~-i1 4 ~ ~Ak~"9 () ~ >- - f-- m - r- <.) 0 ORIGINAL