The URL can be used to link to this page

Home My WebLink AboutRES NO RA006-08RESOLUTION NO. ~ ~ O E) - Q $ A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD APPROVING THE SALE OF REAL PROPERTY BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR $1.00 TO AMCAL MULTI-HOUSING, INC. WHEREAS, the Redevelopment Plan for the Southeast Bakersfield Redevelopment Project Area (the "Redevelopment Plan") was approved and adopted by the City Council of the City of Bakersfield; and WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is authorized and empowered under Community Redevelopment Law carry out the Redevelopment Plan and to enter into agreements for the acquisition, disposition and development of real property and otherwise assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area, to acquire real and personal property within redevelopment project areas, to receive consideration for the provision by the Agency of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to exercise its powers, and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the Agency owns that certain real property of approximately 2.59 acres within the Southeast Redevelopment Project Area, located at 701 Union Avenue ("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, AMCAL MULTI-HOUSING, INC., ("the Buyer") desires to acquire the Property to develop a 55-unit multi-family affordable apartment complex and a 3,150 square foot commercial building on the Property. The use of the Property is in accordance with the Redevelopment Plan and the requirements of the City of Bakersfield, as determined by the adoption of a Negative Declaration by the City of Bakersfield on January 16, 2008; and WHEREAS, the Agency desires to enter into a Disposition and Development Agreement for the conveyance of the Property (the "Agreement") with the Buyer and a builder in order to implement the provisions of the Redevelopment Plan by providing a mixed use project; and AGI=ICY fJRiGINAL WHEREAS, the Agency and the Buyer have negotiated the Agreement in good faith in order to implement the provisions of the Redevelopment Plan, by providing for affordable housing in a mixed use project; and WHEREAS, the purchase price negotiated for the Property as part of the DDA is the amount of One Dollar ($1.00), which price was determined upon a fair reuse analysis conducted by GRC Associates, Inc.; and WHEREAS, pursuant to Sections 33430, 33431 and 33433 of the California Health and Safety Code, the Agency is authorized, with the approval of the Bakersfield City Council, after a duly noticed public hearing, to sell or lease the Property, for development pursuant to the Redevelopment Plan upon a determination by the City Council that the disposition of the Property will assist in the elimination of blight, and is consistent with the implementation plan adopted for the redevelopment project area pursuant to the Health and Safety Code Section 33490, and the consideration for such disposition is not less than either the fair market value or fair reuse value of the Property in accordance with the covenants and conditions governing the disposition and development costs required thereof; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of the Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of the Health and Safety Code Section 33433; and WHEREAS, on June 25, 2008, the City Council of the City of Bakersfield held a duly noticed public hearing on the proposed conveyance of the Property in accordance with the requirements of the Health and Safety Code Section 33433, at which time the City Council reviewed and evaluated all the information, testimony, and evidence presented during the public hearing and approved the proposed entry into the DDA by the Agency, including the disposition of the Property; and WHEREAS, the Bakersfield Redevelopment Agency has considered the Initial Study and Negative Declaration prepared for the General Plan Amendment No. 07- 2017, which includes the proposed project, and has exercised its independent judgment thereon; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Bakersfield Redevelopment Agency has reviewed the summary report required pursuant to the Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to the Health and Safety Code Section 33433; and WHEREAS, the Bakersfield Redevelopment Agency has duly considered all the terms and conditions of the proposed Agreement and believes that the disposition of the 2 AG~N~Y ~+~;talNAL Property pursuant thereto is in the best interest of the City of Bakersfield and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements; and WHEREAS, pursuant to Health & Safety Code Sections 33430, and 33431, the Agency may dispose of real property without public bidding, provided a public hearing is held; and WHEREAS, notices of the public hearing before the Agency were duly published on June 23, 2008 and June 30, 2008, and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD, AS FOLLOWS: 1. The above recitals and findings are true and correct, and all required public notices have been provided. 2. The Bakersfield Redevelopment Agency finds and determines, based upon the independent review and consideration of that Initial Study dated November 14, 2007, the Negative Declaration adopted on January 16, 2008, and all the evidence contained in the record, that the project as proposed will not cause a significant effect on the environment. 3. The Bakersfield Redevelopment Agency finds and determines that, based upon evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the terms and conditions of the Agreement, is not less than the fair reuse value in accordance with the Redevelopment Plan. 4. The Bakersfield Redevelopment Agency hereby finds and determines that the disposition of the Property pursuant to the Agreement will: (i) assist in the elimination of blight by providing for the development of affordable housing which will serve as a catalyst for the development of other property in the Old Town Kem-Pioneer Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Southeast Bakersfield Redevelopment Project Area adopted by the Agency pursuant to the Health and Safety Code Section 33490. 5. The Bakersfield Redevelopment Agency hereby approves the proposed DDA and authorizes the Agency's chair to execute the Agreement, and to take such actions and to execute such other documents on behalf of the Agency as necessary relative to the implementation and furtherance of the Agreement. -----µ i 1~O;ENCY ~DRIGlNAI. _~--•- 6. The City Clerk is hereby authorized to prepare and file a Notice of Determination with the Clerk for the County of Kem. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Bakersfield Redevelopment Agency of the City of Bakersfield at a regular meeting thereof held on JUL 1 4 2008 , by the following vote: AYES: AGENCY MEMBER BENTLEY, KOMAN, SAE; OR Z PICKETT, PRINCE, TAKI~ AGENCY MEMBER _~.Q~ ABSTAIN: AGENCY MEMBER inls~n~ , ABSENT: AGENCY MEMBER Y1A15~Gtr~P SECRETARY of the Bakersfield Redevelopment Agency APPROVED: JUL 1 4 1008 i ~EDERICK RINCE, CHAIRPERSON BAKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: VIRGINIA GENNARO GENERAL COUNSEL By: ~ ' iL 4 T'^^"'w" ~CEIVCY C?4~~CINAL EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TCt HEREIN BELf3ti'~ IS SITUA~"ED IN 1'HE Cf7Y OF BAKEFtSFIELD, COLPNTY OF KERN, SPATE (:lF CALIFURNIA AtdD IS DESCRIBED AS FdLLU'JuS: PAf~CEL I: AI~I OOJ-471.-15 Parcel 1 mf PaKel Map hao, 5834, In the City of hakersfeld, County of Kern,, State of Caiifori~la, as per map recorded September 30, 198~t ill hook. 25, pd9e 15Z Of Par~ei Maps, in the o~'ice Of the County Recardet of said County, PARCEL 2: APfJ'S Op9-471-1~, 13 and 14 Parcel 2 cif Parcel Map Na. 58'94, in the City ~ Bakersfield, County of Kern, State of Caiifarni~,, ds per mc~kr recorded September 3(Y, 198(} in. Brxak 75, i~9e 157 of Parris h9ap5, in the office ~f the CAUnty Recorder cJf sd~ COUnty. PARi*F13: APiV CJQ9-A71-Z 1 The South half of Lot 3, in Blade 3 of California Avenue Park Track, in the ~:ity of Bake-sfieki, County of Kern, State of Caiffarnia, as per map neaarded April 12, 1920, in Book 3, Page 29 of Maps, in the office of the County iZecnrder of said Caur~ty. ARN; ~J-471-14,i5,21,12,1~ 5 A~EtJCY {3~tlCINR~L