HomeMy WebLinkAboutRES NO OB001-14RESOLUTION NO. 0 6 0 01 - 1 4
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY TO THE DISSOLVED BAKERSFIELD
REDEVELOPMENT AGENCY RATIFYING THE DISPOSITION
OF SPECIFIED PROPERTY PREVIOUSLY CONVEYED TO THE
CITY OF BAKERSFIELD FOR USE FOR GOVERNMENT
PURPOSES
WHEREAS, the California Legislature enacted ABxI 26 ( "ABxl 26 "),
effective June 28, 2011, to dissolve redevelopment agencies formed under the
Community Redevelopment Law (Health and Safety Code Section 33000 et
seq.), including the Bakersfield Redevelopment Agency (the "Former Agency ");
and
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City
of Bakersfield elected to become the Successor Agency to the former
Redevelopment Agency of the City of Bakersfield ( "Successor Agency ") by
Resolution No. 010 -12 on January 11, 2012; and
WHEREAS, the Redevelopment Dissolution Statutes provide for the
appointment of an oversight board (the "Oversight Board ") with specific duties
to approve certain Successor Agency actions pursuant to Health and Safety
Code Section 34180 and to direct the Successor Agency in certain other actions
pursuant to Health and Safety Code Section 34181; and
WHEREAS, Health and Safety Code Section 34181(a) authorizes the
Oversight Board to direct the Successor Agency to transfer assets to the
appropriate public jurisdiction that were constructed and used for a
government purpose; and
WHEREAS, the Former Agency transferred specified capital assets in the
amount to the City of Bakersfield on March 9, 2011 by Resolution No. RA006-
11/029-11 and Agreement No. RA11- 006/11 -027 consisting of real property
located in the City of Bakersfield and identified in Exhibit A attached hereto and
incorporated by reference (the "Property ") to the City for use government
purposes; and
WHEREAS, the Property subject of this Resolution are government purpose
assets, as such term is defined in Health and Safety Code Section 34181(a),
consisting of real property acquired for government purposes; and
WHEREAS, in compliance with Health and Safety Code Section 34181(a),
the Oversight Board has considered and desires to approve and ratify the
transfer of the Property to the City of Bakersfield for a public government use;
and
WHEREAS, ratification of the disposition of the Property to the City of
Bakersfield for continued use for government purposes is consistent with the
Former Agency's approved redevelopment plan;
WHEREAS, the ratification of the disposition of the Property pursuant to the
Resolution is exempt from the requirements of the California Environmental
Quality Act and the applicable state and local implementing guidelines
( "CEQA ") pursuant to State CEQA Guidelines Section 15061 (b)(3); and
WHEREAS, the accompanying staff report provides supporting information
upon which the action set forth in this Resolution is based.
NOW, THEREFORE, BE IT RESOLVED by the Oversight Board as follows:
SECTION 1. The foregoing recitals are true and correct, and, together with
information provided by the Successor Agency staff and the public, form the
basis for the approvals, findings, resolutions, and determinations set forth below.
SECTION 2. The Successor Agency Executive Director or the Executive
Director's designee is hereby authorized and directed to file a Notice of
Exemption with respect to the actions approved under this Resolution in
accordance with the applicable provisions of CEQA.
SECTION 3. Pursuant to Health and Safety Code Sections 34181(a), the
Oversight Board hereby ratifies the disposition of the Property to the City of
Bakersfield in consideration for the City's continued use of the property for
government purposes.
SECTION 4. To implement the above direction, the Oversight Board
hereby approves and authorizes the Successor Agency Executive Director or the
Executive Director's designee to take any action and execute any documents,
in consultation with the City Attorney, acting in the capacity of counsel to the
Successor Agency, as may be necessary to implement the ratification of the
disposition of the Property pursuant to the terms approved in this Resolution.
SECTION 5. The Successor Agency is hereby directed to notify the
California Department of Finance of the actions set forth in this Resolution in
accordance with Health and Safety Code Section 34181(f).
SECTION 6. This Resolution shall take effect at the time and in the manner
prescribed in Health and Safety Code Section 34179(h) and Section 34181(f).
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PASSED AND ADOPTED by the Oversight Board at the special meeting held on
February 24, 2014.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF KERN }
CITY OF BAKERSFIELD }
I, ROBERTA GAFFORD, Acting Secretary to the Oversight Board, hereby
certify that the foregoing resolution was duly adopted at the regular meeting of
the Oversight Board on FEB 2 4 2014
AYE ' BOARD MEMEBERS: 62 j , a T
NOES: BOARD MEMBERS: NOrVI_
ABSEN BOARD MEMMBERS: Q.-AArK4- 1 IgVrrIDW
APPROVED FEB 2 4 2014
By
PHILLIP BENTLEY
CHAIR, Oversight Board
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney II
JHR /vl
RO ERTA GAFFORD, Acting Secretary
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EXHIBIT A
1. 700 California Avenue /1231 R Street (APN 006 - 510 -06, 07, and 09) - this property
consists of a public park and parking lot open to the public. The property fits
within the definition of a governmental use property because it was constructed
and used as a park and parking lot for use by the public. The public facilities are
actively used by the public that frequent the South Mill Creek redevelopment
project area.