HomeMy WebLinkAboutRES NO 018-11RESOLUTION NO. 0 1 8- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING THE EXECUTION OF THE
2011 COOPERATION AGREEMENT BETWEEN THE CITY
OF BAKERSFIELD AND THE BAKERSFIELD
REDEVELOPMENT AGENCY FOR REPAYMENT OF COSTS
INCURRED BY THE CITY ASSOCIATED WITH CERTAIN
AGENCY-FUNDED CAPITAL IMPROVEMENTS (OLD
TOWN KERN-PIONEER REDEVELOPMENT PROJECT
AREA)
WHEREAS, the City Council of the City of Bakersfield (the "City
Council") adopted the Redevelopment Plan for the Old Town Kern-Pioneer
Redevelopment Project Area ("Redevelopment Plan") in the City of
Bakersfield ("Project Area"), with the adoption of Ordinance No. 3904 of the
City Council on June 30, 1999, which results in the allocation of taxes from the
Project Area to the Bakersfield Redevelopment Agency (the "Agency") for
purposes of redevelopment; and
WHEREAS, the intent of the Redevelopment Plan is, in part, to provide
for the construction and installation of necessary public infrastructure and
facilities and to facilitate the repair, restoration and/or replacement of
existing public facilities and to perform specific actions necessary to promote
the redevelopment and the economic revitalization of the Project Area; and
to increase, improve and preserve the community's supply of low and
moderate income housing; and to take all other necessary actions to
implement the Redevelopment Plan for the Project Area and to expend tax
increment to accomplish the goals and objectives of the respective
redevelopment projects; and
WHEREAS, the Agency has adopted its Five-Year Implementation Plan
for the Project Area, as may be amended from time to time (the
"Implementation Plan") with established goals to support affordable housing,
economic development, community revitalization, commercial revitalization,
and institutional revitalization, To implement the programs and activities
associated with each goal, the Agency has made redevelopment fund
commitments based on estimated available tax increment revenue and
debt financing structures; and
WHEREAS, the Agency and the City of Bakersfield (the "City") wish to
cooperate with one another to bring about the redevelopment of the
Project Area and accomplish various tasks set forth in the Redevelopment
Plan and the Implementation Plan; and ~o
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WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the
"CRL"), any public body, including the City, may aid and cooperate in the
planning, undertaking, construction, or operation of redevelopment projects;
and
WHEREAS, the Agency and the City have prepared a Cooperation
Agreement (the "Agreement") to provide for implementation of certain
projects set forth in the list of Improvements attached thereto as Exhibit "A"
(the "Improvements"), and to make payments by the Agency to the City to
reimburse the City for the costs incurred by the City in performing its
obligations thereunder, subject to all of the terms and conditions of the
Agreement; and
WHEREAS, the programs and activities associated with the
Improvements include, but are not limited to, acquisition and disposition of
property, development of design criteria, design, planning, preparation of
construction bid documents, financial analysis, bidding, financing,
construction or rehabilitation and construction management, To carry out
the Improvements in accordance with the objectives and purposes of the
Redevelopment Plan for the Project Area and the Implementation Plan, the
Agency desires assistance and cooperation in the implementation and
completion of the Improvements. The City wishes to enter into the
Agreement with the Agency to aid the Agency and cooperate with the
Agency to expeditiously implement the Improvements in accordance with
the Redevelopment Plan for the Project Area and the Implementation Plan
and undertake and complete all actions necessary or appropriate to ensure
that the objectives of the Redevelopment Plan for the Project Area and the
Implementation Plan are fulfilled within the time effectiveness of the Project
Area; and
WHEREAS, in considering the Agency's desire to ensure timely
implementation and completion of the Improvements, the Agency wishes to
enter into the Agreement with the City for the pledge of net available tax
increment to finance the Improvements. The purpose of the Agreement is to
facilitate the implementation of the Improvements and to provide funding
necessary to effectuate the completion of the Improvements with and
available bond proceeds or available net available tax increment in this
current fiscal year and forthcoming fiscal years; and
WHEREAS, net available tax increment is defined as any tax increment,
net of existing debt service payments, and existing contractual obligations
received by the Agency or any lawful successor of the Agency and/or to
any of the powers and rights of the Agency pursuant to any applicable ~$AKF-
constitutional provision, statute or other provision of law now existing or
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adopted in the future. The pledge of net available tax increment will
constitute obligations to make payments authorized and incurred pursuant
to Section 33445 of the CRL and other applicable statutes. The obligations
set forth in the Agreement will be contractual obligations that, if breached,
will subject the Agency to damages and other liabilities or remedies; and
WHEREAS, by approving and entering into the Agreement, the Agency
will approve the pledge of net available tax increment from the Project Area
to pay for the Improvements; and
WHEREAS, the obligations of the Agency under the Agreement shall
constitute an indebtedness of the Agency for the purpose of carrying out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is in the best interests of the City and for the common
benefit of residents, employees, business tenants and property owners within
the Project Area and the City as a whole for the Improvements to be
developed and constructed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
The above recitals are true and correct;
2. The Agency has received and heard all oral and written
objections to the proposed payments by the Agency to the City for the
Improvements as described in the Agreement, and to other matters
pertaining to this transaction, and all such oral and written objections are
hereby overruled.
3. Based on the evidence in the record, the Agency hereby finds
and determines, with respect to the Improvements that are publicly owned
and are located the Project Area as identified in Exhibit A attached to the
Agreement, that:
(a) Said Improvements and the programs and activities
associated therewith are of primary benefit to the Project Area by helping to
eliminate blight within the Project Area. The construction of improvements to
the Sister City Gardens and the Mill House will provide additional recreational
opportunities and venues to be enjoyed by the City's residents and visitors
and will attract additional visitors and businesses to the area and will improve
the overall appearance of the area; and
(b) No other reasonable means of financing said
Improvements and the programs and activities associated therewith are
available to the community. The city lacks the ability to fund the ~q NKF9
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Improvements and no state or federal funding or grants or other source of
grants has been identified; and
(c) The payment of funds by the Agency for the costs related
to said Improvements and the programs and activities associated therewith
is consistent with the Implementation Plan adopted pursuant to Section
33490 of the CRL. The construction of the Improvements is consistent with the
Agency's adopted Implementation Plan for the Project Area, Goals 2, 10
and 11 of the Implementation Plan are to improve the physical appearance
of the area, utilize physical improvements and programs to maintain a safe
and secure environment, and foster an atractive and well-maintained street
environment, supplemented by recerational opportunities; and
(d) The construction of the Improvements is provided for in the
Redevelopment Plan, The Redevelopment Plan has a stated goal of
increasing recreational opportunities.
4. The Agency hereby consents to the payment by Agency to City
as described in the Agreement.
5. The Agreement is hereby approved and the Mayor, or designee,
is hereby authorized to execute the Agreement on behalf of the City,
together with such non-substantive changes and amendments as may be
approved by the City Manager and City Attorney.
6. The City Manager, or designee, is hereby authorized, on behalf
of the City, to sign all documents necessary and appropriate to carry out
and implement the Agreement, and to administer the City's obligations,
responsibilities and duties to be performed under the Agreement.
7. This Resolution shall take effect immediately upon its adoption.
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 EF-R _1 g 2011 by the following vote:
COUNCILMEMBER SAL S, BENHAM, WEIR HANSON, SULLI N,~Chnv~.
NOES; COUNCILMEMBER (lQM_
BST COUNCILMEMBER C L7 1 Ch
ABSENT; COUNCILMEMBER nAllr
ROBERTA GAFFORD
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfie
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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JOSHU H. RUDNICK
City Attorney II
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