HomeMy WebLinkAboutRES NO RA006-08RESOLUTION NO. ~ ~ O E) - Q $
A RESOLUTION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY OF THE CITY OF
BAKERSFIELD APPROVING THE SALE OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $1.00 TO AMCAL MULTI-HOUSING, INC.
WHEREAS, the Redevelopment Plan for the Southeast Bakersfield
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 carry out the Redevelopment
Plan and 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 2.59
acres within the Southeast Redevelopment Project Area, located at 701 Union Avenue
("the Property") and is more particularly described in Exhibit "A" ("Legal Description"),
which is attached hereto and incorporated herein by reference; and
WHEREAS, AMCAL MULTI-HOUSING, INC., ("the Buyer") desires to acquire the
Property to develop a 55-unit multi-family affordable apartment complex and a 3,150
square foot commercial building on the Property. The use of the Property is in
accordance with the Redevelopment Plan and the requirements of the City of
Bakersfield, as determined by the adoption of a Negative Declaration by the City of
Bakersfield on January 16, 2008; 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 a
mixed use project; and
AGI=ICY
fJRiGINAL
WHEREAS, the Agency and the Buyer have negotiated the Agreement in good
faith in order to implement the provisions of the Redevelopment Plan, by providing for
affordable housing in a mixed use project; and
WHEREAS, the purchase price negotiated for the Property as part of the DDA is
the amount of One Dollar ($1.00), which price was determined upon a fair reuse
analysis conducted by GRC Associates, Inc.; and
WHEREAS, pursuant to Sections 33430, 33431 and 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 25, 2008, the City Council of the City of Bakersfield 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 approved the proposed entry into the DDA by
the Agency, including the disposition of the Property; and
WHEREAS, the Bakersfield Redevelopment Agency has considered the Initial
Study and Negative Declaration prepared for the General Plan Amendment No. 07-
2017, which includes the proposed project, and has exercised its independent judgment
thereon; 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 Bakersfield Redevelopment Agency 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 Bakersfield Redevelopment Agency has duly considered all the
terms and conditions of the proposed Agreement and believes that the disposition of the
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AG~N~Y
~+~;talNAL
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, pursuant to Health & Safety Code Sections 33430, and 33431, the
Agency may dispose of real property without public bidding, provided a public hearing is
held; and
WHEREAS, notices of the public hearing before the Agency were duly published
on June 23, 2008 and June 30, 2008, and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD,
AS FOLLOWS:
1. The above recitals and findings are true and correct, and all required
public notices have been provided.
2. The Bakersfield Redevelopment Agency finds and determines, based
upon the independent review and consideration of that Initial Study dated
November 14, 2007, the Negative Declaration adopted on January 16,
2008, and all the evidence contained in the record, that the project as
proposed will not cause a significant effect on the environment.
3. The Bakersfield Redevelopment Agency 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.
4. The Bakersfield Redevelopment Agency 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 Kem-Pioneer Redevelopment Project Area and
will also help to create new employment opportunities, and (ii) is
consistent with the implementation plan for the Southeast Bakersfield
Redevelopment Project Area adopted by the Agency pursuant to the
Health and Safety Code Section 33490.
5. The Bakersfield Redevelopment Agency hereby approves the proposed
DDA and authorizes the Agency's chair to execute 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.
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i 1~O;ENCY
~DRIGlNAI.
_~--•-
6. The City Clerk is hereby authorized to prepare and file a Notice of
Determination with the Clerk for the County of Kem.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Bakersfield Redevelopment Agency of the City of Bakersfield at a regular meeting
thereof held on JUL 1 4 2008 , by the following vote:
AYES: AGENCY MEMBER BENTLEY, KOMAN, SAE; OR Z PICKETT, PRINCE, TAKI~
AGENCY MEMBER _~.Q~
ABSTAIN: AGENCY MEMBER inls~n~ ,
ABSENT: AGENCY MEMBER Y1A15~Gtr~P
SECRETARY of the Bakersfield
Redevelopment Agency
APPROVED: JUL 1 4 1008
i
~EDERICK RINCE, CHAIRPERSON
BAKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
By: ~ ' iL
4
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~CEIVCY
C?4~~CINAL
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TCt HEREIN BELf3ti'~ IS SITUA~"ED IN 1'HE Cf7Y OF BAKEFtSFIELD, COLPNTY OF KERN,
SPATE (:lF CALIFURNIA AtdD IS DESCRIBED AS FdLLU'JuS:
PAf~CEL I: AI~I OOJ-471.-15
Parcel 1 mf PaKel Map hao, 5834, In the City of hakersfeld, County of Kern,, State of Caiifori~la, as per map
recorded September 30, 198~t ill hook. 25, pd9e 15Z Of Par~ei Maps, in the o~'ice Of the County Recardet of
said County,
PARCEL 2: APfJ'S Op9-471-1~, 13 and 14
Parcel 2 cif Parcel Map Na. 58'94, in the City ~ Bakersfield, County of Kern, State of Caiifarni~,, ds per mc~kr
recorded September 3(Y, 198(} in. Brxak 75, i~9e 157 of Parris h9ap5, in the office ~f the CAUnty Recorder cJf
sd~ COUnty.
PARi*F13: APiV CJQ9-A71-Z 1
The South half of Lot 3, in Blade 3 of California Avenue Park Track, in the ~:ity of Bake-sfieki, County of Kern,
State of Caiffarnia, as per map neaarded April 12, 1920, in Book 3, Page 29 of Maps, in the office of the County
iZecnrder of said Caur~ty.
ARN; ~J-471-14,i5,21,12,1~
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A~EtJCY
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