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HomeMy WebLinkAboutRES NO 019-11RESOLUTION NO. 0 1 9' 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 (SOUTHEAST BAKERSFIELD REDEVELOPMENT PROJECT AREA) WHEREAS, the City Council of the City of Bakersfield (the "City Council") adopted the Redevelopment Plan for the Southeast Bakersfield Project Area ("Redevelopment Plan") in the City of Bakersfield ("Project Area"), with the adoption of Ordinance No. 3905 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 WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the ~<<,e,AKF i- m V r O ORIGINAL "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 constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of net available tax increment will constitute obligations to make payments authorized and incurred pursuano aAKF9s~ m r U 0 ORIGINAL 2 to Sections 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: 1. 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 the Improvements will facilitate additional development of South Mill Creek Commercial Village which will attract additional businesses and customers and will improve the 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 Improvements and no state or federal funding or grants or other source of grants has been identified; and o~®AK-y9 a ~ r v o ORIGINAL. 3 (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. Goal 2 of the Implementation Plan is to provide for adequate parcels and required publuc improvemetns to induce new construction and/or rehabilitation by private enterprise, and (d) The construction of the Improvements is provided for in the Redevelopment Plan. The Redevelopment Plan has a stated goal of improving public infrastructure. 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 FEB 1 6 2011 by the following vote: r Y ✓ V ✓ v ✓ E COUNCILMEMBER SALAS, BENHAM, WEIR, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER YYN HA COUNCILMEMBER~ 011 [ Sin ABSENT; COUNCILMEMBER f1C?`~~ ROBERTA GAFFORD FEB 1 6 2011 CITY CLERK and Ex Officio Clerk of the Co ncil of the City of Bakersfield APPROVEI V I 04.a HARVEY L. HALL MAYOR of the City of Bakersfield o~,e,AK~9 v o ORIGINAL. 4 APPROVED as to form: VIRGINIA GENNARO City A o ney H, RUDNICK ty City Attorney II ~gP K.ch. o > m J b ORIGINAL