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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). C:\ Users \alawrenc \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \UOWBQKOX \OversightBoard retrogovtpur pose- Reso.docx PASSED AND ADOPTED by the Oversight Board at the special meeting held on February 24, 2014. ---- - - - - -- 000---- - - - - -- C:\ Users \alawrenc \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \UOWBQKOX \OversightBoard retrogovtpurpose- Reso.docx 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 C:\ Users \alawrenc \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \UOW8QKOX \OversightBoard retrogovtpurpose- Reso.doa 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.