HomeMy WebLinkAboutRES NO RA006-10
RESOLUTION NO. 1A 0 0 6' 1 0
A RESOLUTION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY OF THE CITY OF
BAKERSFIELD APPROVING THE TRANSFER OF REAL
PROPERTY BY THE BAKERSFIELD REDEVELOPMENT
AGENCY FOR $1.00 TO CLINICA SIERRA VISTA FOR
THE EAST BAKERFIELD DENTAL CENTER
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 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 .604 net
acres within the Southeast Bakersfield Redevelopment Project Area, and located in the
City of Bakersfield between California Avenue and South Owens Street, and South
Robinson Street comprised of a portion of assessor parcel no. 018-040-02("the
Property") and is more particularly described in Exhibit "A" ("Legal Description"), which
is attached hereto and incorporated herein by reference; and
WHEREAS, CLINICA SIERRA VISTA, ("the Buyer") desires to acquire the
Property to develop a 3,863 square foot Dental Clinic on the property according to the
terms of the Disposition and Development Agreement ("DDA"). The use of the Property
is in accordance with the Redevelopment Plan and the requirements of the City of
Bakersfield; 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
dental clinic project; and
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
dental clinic; 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 by the Agency, and fair
reuse analysis conducted by GRC & Associates, Inc.; and m_
AGENCY
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WHEREAS, pursuant to Section 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 DDA, 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 May 5, 2010, 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, 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
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, the project qualifies as CEQA exempt under Section 15332 Under
Infill Development and therefore will not result in any significant effects related to traffic,
noise, air or water quality.
WHEREAS, notices of the public hearing before the City Council were duly
published on April 20, 2010 and April 25, 2010; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD,
AS FOLLOWS:
AGENCY
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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 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.
3. The Bakersfield Redevelopment Agency hereby finds and determines
that the disposition of the Property pursuant to the DDA will: (i) assist
in the elimination of blight by providing for the development of a Dental
Clinic which will serve as a catalyst for the development of other
property in the Southeast Bakersfield 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.
4. The Bakersfield Redevelopment Agency hereby concurs in the
authorization of the Agency's chair executing the DDA 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.
AGENCY
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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 MAY 1 0.2010 , by the following vote:
AGENCY MEMBER BENTLEY, KOfvIAN, KNAPP, ORDIZ, PR NI CE
NOES: AGENCY MEMBER
AUSIA4 AGENCY MEMBER
ABSENT' • AGENCY MEMBER l
-Z"
SECRETARY of the Bakersfi I
Redevelopment Agency
APPROVED: MAY 10 2010
/17 1-fl- -
764/4&"4~
P LIP BENTLE HAIRPERSON
AKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
12J41
Blpeputy
HUA H. RUDNICK
City y Attorney II
AGENCY
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a division of Parcel "A" of Parcel Map Waiver P00-0738 as evidenced by that
certain Certificate of Compliance recorded October 12, 2000 as Document No.
0200127498 filed in the office of the Kern County Recorder also being a portion of the
Northeast quarter of Section 32, Township 29 South, Range 28 East, Mount Diablo
Base and Meridian in the City of Bakersfield, County of Kern, State of California, more
particularly described as follows:
Parcel 1
Parcel "A" of said Parcel Map Waiver P00-0738 excluding the west 728.33 feet.
Containing 1.10 Gross Acres
AGENCY
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