HomeMy WebLinkAboutRES NO SHA001-12RESOLUTION NO. 5\A R O 01 _ 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DETERMINING THAT THE CITY OF
BAKERSFIELD AS THE SUCCESSOR HOUSING AGENCY TO
THE DISSOLVED BAKERSFIELD REDEVELOPMENT AGENCY
SHALL TAKE FULL RESPONSIBILITY AND CONTROL OF THE
CREEKVIEW VILLAS DOWN PAYMENT PROGRAM.
WHEREAS, on February 25, 2011 the Redevelopment Agency of the City of
Bakersfield (Agency) a public body, corporate and politic, organized and
existing under the California Community Redevelopment Law (Health & Safety
Code §§ 33000 et seq.) approved and entered into Amendment No. 4 to
Agreement No. RA09 -012 with Creekview Villas, LLC; and
WHEREAS, this agreement for up to One Million, Eleven Thousand, Nine
Hundred and Forty Six Dollars ($1,011,946.00) to provide down payment
assistance to low- and moderate - income individuals and families; and
WHEREAS, the down payment assistance shall be used to ensure the
affordability of up to 36 newly constructed condominiums called Creekview
Villas located in South Mill Creek; and
WHEREAS, the City of Bakersfield applied and received a grant from the
State of California Housing and Community Development Department (HCD)
under the Building Equity and Growth in Neighborhoods Program (BEGIN); and
WHEREAS, the grant in the amount of One Million Four Hundred Forty
Thousand Dollars ($1,440,000.00) has been awarded to the City; and
WHEREAS, the grant is to be used for additional down payment assistance
as necessary to ensure affordability of the units to low- and moderate income
individuals and families; 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 (AB1 x26) and invalidated Assembly Bill 1x27; and
WHEREAS, the Court's decision resulted in the implementation of AB1 x26
which dissolved all the redevelopment agencies in the State of California as of
February 1, 2012; and
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WHEREAS, on January 11, 2012, the City Council adopted Resolution No,
011 -12 pursuant to a provision of AB1x26, codified as Health and Safety Code §
34173(d)(1), in which the city, became the "Successor Housing Agency" to its
dissolved redevelopment agency and therefore must retain the housing assets
and functions of the dissolved redevelopment agency; and
WHEREAS, with the dissolution of the Agency, the City as the Successor
Housing Agency shall take full responsibility and control of the Creekview Villas
Down Payment Assistance Program and all funding previously set aside to
ensure the affordability of the project; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1, The Council finds and determines that the foregoing recitals are
true and correct and incorporated herein.
2. The City Manager and his authorized designees are hereby
authorized and directed to take all such and further actions and sign such other
and further documents as is necessary and proper to implement this Resolution
on behalf of the City.
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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
MAR 0 7 281_, by the following vote:
AYES: COUNCILMEMBER BENHAM, COUCH, HANSON, JO� S SISAL S, SULLIVAN, WEIR
NOES: COUNCILMEMBER Q
ABSTAIN: COUNCILMEMBER AENI
ABSENT: COUNCILMEMBER
APPROVED
:A
MAR 0 7 2012
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By 7�� I�QJ�
J SHUA H. RUDNICK
eputy City Attorney II
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