HomeMy WebLinkAboutRES NO SHA001-14RESOLUTION NO. t)� h-00, 1 Lk
A RESOLUTION OF THE CITY OF BAKERSFIELD IN ITS
CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO
THE DISSOLVED BAKERSFIELD REDEVELOPMENT AGENCY
AUTHORIZING THE SALE OF CITY -OWNED UNITS AT
CREEKVIEW VILLAS AND TO USE THE NET PROCEEDS TO
COMPLETE THE CONSTRUCTION AND SALE OF THE
REMAINING UNITS TO PROTECT THE CITY'S INVESTMENT
OF ITS LOW- AND - MODERATE - INCOME HOUSING AND
PROPOSITION IC FUNDS.
WHEREAS, the dissolved Bakersfield Redevelopment Agency ( "BRDA ")
entered into a Disposition and Development Agreement No. RA -09 -001 ( "DDA ")
on February 2, 2009, for development of the 36 unit townhome Creekview Villas
project; and
WHEREAS, the DDA required that all 36 units of the townhomes be priced
at amounts calculated to be affordable to moderate - income households and
sold to eligible moderate - income buyers; and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the case California Redevelopment Association, et al. v. Ana
Matosantos, etc., et al., Case No. S196861, and upheld the validity of Assembly
Bill 1x26 ( "ABlx26 ") and invalidated Assembly Bill 1x27; and
WHEREAS, the Court's decision resulted in the implementation of ABlx26
which dissolved all the redevelopment agencies in the State of California as of
February 1, 2012; and
WHEREAS, pursuant to a provision of AB1x26, codified as Health and Safety
Code section 34176, a City could elect to retain the housing assets and
functions of the dissolved redevelopment agency; and
WHEREAS, the City of Bakersfield ( "City ") approved Resolution No. 011 -12
on January 11, 2012, declaring it was in the best interests of the City to become
the housing successor agency to the BRDA and to retain the housing assets and
functions of the BRDA; and
WHEREAS, under the provisions of the DDA the City obtained the property
through a deed -in -lieu on December 19, 2012, from the former developer due to
non - performance; and
WHEREAS, City desires to sell the existing units and use the proceeds to
construct remaining units; and 4�AKF�
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WHEREAS, it is in the City's best interest that the units be sold at market
rates and the proceeds returned to the City in order to construct and sell the
remaining 22 units, and to protect the City's investment of its low- and - moderate-
income and Proposition 1 C Funds.
NOW, THEREFORE, BE IT RESOLVED by the City of Bakersfield acting in its
capacity as the housing successor agency to the BRDA as follows:
SECTION 1. The above recitals are true and correct and are incorporated
herein by reference.
SECTION 2. The fourteen (14) completed City -owned units at Creekview
Villas be sold at market rates.
SECTION 3. In order to protect the City's investment of its Low -and
Moderate - Income Housing and Proposition IC funds, the City approves the
requirement that the net proceeds of the aforementioned sales, and any future
sale of affordable units at the Creekview Villas project approved by the City, be
deposited in the appropriate fund and be used to construct the remaining units
and complete the project.
PASSED AND ADOPTED by the City Council of the City of Bakersfield on this 25th
day of June, 2014.
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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
June 25, 2014, by the following vote:
AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER ND��
ABSTAIN: COUNCILMEMBER INOrQ-
ABSENT: COUNCILMEMBER Neck,
APPROVED
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ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
the City of Bakersfield
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By,-'/ --7'
JOSHUA H. RUDNICK
Deputy City Attorney
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