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HomeMy WebLinkAboutRES NO 155-2022RESOLUTION NO. 15 5. - 2 ® 2 2 RESOLUTION OF INTENTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO LETTERS OF INTENT FOR THE ACQUISITION OF SUBSTANDARD, CHRONIC NUISANCE, AND VACANT REAL PROPERTIES. WHEREAS, property owners in the City are responsible for maintaining their properties in compliance with applicable state and local laws; and WHEREAS, the Bakersfield Municipal Code establishes code enforcement procedures and requirements that are generally effective for cooperative property owners; however, they are not effective or efficient or economical for non -cooperative property owners; and WHEREAS, pursuing code compliance for violations involving non- cooperative property owners can consume significant staff time; and WHEREAS, the costs for staff time for the code compliance program is a City general fund expense, paid for by the City taxpayers; and WHEREAS, existing and unresolved code compliance cases can negatively affect off -site property owners and off -site property values, and can result in environmental hazards including water quality hazards, public health and safety hazards, unsafe buildings, unsafe grading, negative impacts to the City's urban character and scenic quality, unfair business advantages, and increased fire hazards; and WHEREAS, California Government Code Section 37350 authorizes a city to purchase, lease, receive, hold and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, the City Charter authorizes the City to acquire and purchase property for any municipal purpose; and WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) (31 CFR Part 35 also commonly known as American Rescue Plan Act or ARPA) authorizes the City to utilize allocated funds for the purposes of rehabilitation of commercial properties and improvement to vacant and abandoned properties; and WHEREAS, on September 15, 2021, the City Council adopted the Economic Development Strategic Plan which established a program for the City to facilitate land assembly within the Downtown area; and WHEREAS, on March 2, 2022, the City Council allocated SLFRF funding for the purchase of blighted properties for the purposes of the elimination of blight, including vacant and abandoned properties citywide; and o`�aia `''s Resolution Authorizing the Economic & Community Development Director (Letters of Intent) F- n Page 1 of 4 ORI 9 GINA)- WHEREAS, on March 2, 2022, the City Council allocated SLFRF funding for the purchase of vacant or blighted properties in the downtown area and other business districts within the City; and WHEREAS, on June 13, 2022, the Planning and Development Committee directed staff to form a dedicated team to focus on Chronic Vacant Nuisance Buildings, Posted Substandard buildings and buildings that sustained fire and/or structural damage, and consider remedies including Abatement of Dangerous Buildings or a Receivership or Purchase program; and WHEREAS, on June 15, 2022, the City Council adopted the 2022-23 budget which allocated funding for the purchase of and/or renovation of vacant, abandoned or blighted properties; and WHEREAS, on September 28, 2022, the Planning and Development Committee directed staff to bring the resolution of intent to City Council for adoption; and WHEREAS, to address these concerns staff developed criteria for the acquisition of chronic nuisance properties; and WHEREAS, the acquisition criteria is largely based on a high utilization of City enforcement resources, such as Code Enforcement, Fire, and Police; and WHEREAS, the acquisition criteria includes but is not limited to the following factors, the proximity to sensitive uses, aesthetics, adverse impacts on neighboring properties, location, size of the current debt and liens on the property, current property valuation, hazard to public health and safety and duration of vacancy; and WHEREAS, Exhibit A may be amended from time to time without the need to revise or amend this resolution; and WHEREAS, staff has developed a list of properties that currently meet the criteria of high city service utilization and other community/neighborhood impacts and the list is incorporated by reference as Exhibit "A"; and WHEREAS, staff from City Manager's office, City Attorney, Development Services, Fire and Economic and Community Development will meet on a regular basis to review acquisition criteria and will update the list of properties and make recommendations thereto; and WHEREAS, the City Council desires to provide authorization to the City Manager or his designee to offer Letters of Intent to Purchase (Letters of Intent) for properties that are suitable for blight elimination, rehabilitation and to meet strategic city objectives including the properties attached as Exhibit "A"; and WHEREAS, the City Council authorizes the City Manager or his designee tq,,t��K<��n Resolution Authorizing the Economic & Community Development Director (Letters of Intent) 'ORIGNO Page 2 of 4 enter into letter of intent, negotiate regarding the price and terms of payment for the purchase of any such real properties; and WHEREAS, the Letters of Intent are not legally binding but initiate the City's interest in the targeted property, Letters of Intent are contingent upon a sales and purchase agreement to be approved by the City. Council prior to the entering into escrow for any purchase of real property. NOW, THEREFORE, BE IT RESOLVED by the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The City Council authorizes the City Manager or Designee to enter into Letters of Intent for the purchase of real property to facilitate the implementation of the City's strategic acquisition program as identified herein. 3. All acquisitions of real property negotiated by the City Manager, or designee, shall be subject to City Council discussion and approval when the action for the purchase agreement is presented. 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval. ------oo000oo---- 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 OCT 0 5 2022 by the following vote: AYES: COUNCILMEMBER: ARIAS, GONZALES, Wff, SMITH, FREE vYIAN, GRAY, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: B EN COUNCILMEMBER: WCM � I M�, &yv�� J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 0 5 2022 By: KAREN GOH MAYOR rn Resolution Authorizing the Economic & Community Development Director (Letters of Intent) o Page 3 of 4 ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY ByJJerputy SHUA H. RUDNICK City Attorney JHR/vlg/ag Attachment: bd�iibit "A" S:\DweppServlcesDpf\Resos\Acqu6Bbn R—dom O� t Resolution Authorizing the Economic & Community Development Director (Letters of Intent) o Page 4 of 4 ORIGINO 00 7J O'q�a9 EXHIBIT "A" Y ,Z17 Case Type Description Ward Case Type Code Case Status Year Posted No Year Tax Default Permit # Occupancy ue D rnojition Cases^ 812 Baker St. * 2 ADB 22-00200 Active 2017 N/A 22-11702 829 Chester Ave. 2 ADB 22-03381 Active 2021 N/A 22-7212 708 Dr. Martin Luther King Jr 2 ADB 22-03656 Active 2019 6/30/2021 2601 California Avenue 2 ADB 22-4164 Active 2021 N/A 503 S. Williams St 2 ADB 22-002912 Active 2022 N/A 4411st St. 2 ADB 22-02023 Active 2020 N/A 701 Madison Ave 1 ADB 22-04835 Active 2017 N/A 1012 31st St. 3 ADB 22-04653 Active 2018 6/30/2014 2425 Haley St 3 ADB 22-3675 Active 2022 6/30/2022 71 Lake St 2 ADB 22-5191 Active N/A 524 Pacific St 2 ADB 22-5268 Active N/A N/A 509 H Street 2 ADB 22-5423 Active 2022 6/30/2022 2001 Chester Ave 2 ADB 22-5581 Active 2010 2011 Chester Ave 2 ADB 22-5582 Active 2011 2300 White Ln 1 ADB 22-5665 Active N/A 1231 E 18th St D j 22-5856 Active 2022 Receivership Properties, 2825 California Ave. 2 Receivership 22-01956 Active 2012 6/30/2004 2205 20th St. 2 Receivership 21-01272 Active 2015 N/A 3804 University Ave. 3 PM 21-00008 Active 2021 6/30/2015 2688 Oswell St. * 2 PM 14-00658 Active 2014 N/A 6100 Quaking Aspen St. 6 PM 22-00114 Active 2012 N/A 3207 Union Ave. * 3 PM 14-01290 Active 2014 N/A 120011th St. 2 PM 06-001482 Active 2006 N/A 913 Watts St. 1 PM 22-00388 Active 2017 6/28/2013 308 17th St. 2 PM 22-02147 Active 2015 N/A 1312 Eureka St. 2 PM 18-002840 Active 2018 N/A 405 Cypress St. 2 BLDC 13-06409 Active 2013 N/A 1102 34th St. 3 BLDC 19-07014 Active 2016 N/A 1125 Snyder Ln 2 PM 11-04662 Active 2011 N/A 1501 Ralston St 2 BLDC 16-02206 Active 2016 N/A 715 34th Street * 3 PM 22-02925 Active 2016 N/A 1226 E 18th St. 2 Housing 11-01278 Active 2011 6/30/2022 232818th Street 2 PM 14-02767 Active 2014 N/A Baker St. * 2 BLDC 22-02412 Active 2021 N/A it 6/30/2017 Ownes St. 2 PM 18-05069 Active 2018 330 S Chester Ave* 2 BLDC 18-2698 Active 2018 N\A 1217 Baker St. * 2 PM 22-02038 Active 2020 N/A 3808 Bryn Mawr Dr 3 PM 22-02886 Active 2015 N/A 3315 San Dimas St. 2 Housing 14-00711 Active 2014 N/A 1127 3rd Street 2 PM 11-11762 Active 2011 N/A 1108 H Street 2 BLDC 16-04707 Active 2016 N/A 6300 Dennen St 7 PM 18-003658 Active 2018 6/30/2022 325 Holtby Rd 2 Housing 15-6300 Active 2015 N/A 22318th St. 2 PM/BLDC 22-02924 Active 2018 N/A 1416 Richland St. 2 PM 15-03718 Active 2015 N/A 1509 Potomac Ave 2 PM 20-01345 Active 2020 N/A 2011 18th St. 2 PM 16-00285 Active 2016 N/A 802 Union Ave * 2 PM 17-07457 Active 2017 N/A 1416 Terrace Way 2 PM 19-04309 Active 2016 N/A 110 Truxtun Ave. 2 PM 13-01723 Active 2013 N/A 631 Bernard St. 2 PM 18-00014 Active 2018 N/A Pro erty to oni o 2 Active PM 22-03425 2022 N/A 906 union Ave 505 Union Ave. 2 BLDC 22-02926 Active 2020 N/A 1400 18th St. 2 PM 22-02347 Closed N/A N/A 516 S. Union Ave. 2 PM 21-05371 Active 2021 N/A 1416 E. 9th St. 2 PM 22-01322 Active 2021 N/A 430 S Williams Street 2 Housing 21-00176 Active 2021 N/A 1125 19th Street 2 BLDC 22-02168 Active 2022 N/A 1721 De Wolfe St. 2 PM/BLDC 22-089/22-1867 Active 2022 6/30/2021 601 Melba Ln 2 BLDC 22-000294 Active 2022 N/A 205 H St. /207 H St. * 2 BLDC 22-01194 Active 2022 N/A Commercial Building Total cases = all case - unfounded cases -(we understand unfounded cases add to the work load but we are focusing on properies with verified PM, Housing, ADB violations) Completed Projects 1027 S. Brown St. 2 ADB 21-05720 Closed 2021 6/30/2009 22-9326 1415 Oregon St. 2 ADB 21-04150 Active 2021 N/A 22-4794 2207 Verde St. 2 ADB 22-00036 Active 2011 6/30/2010 22-9325 200 E Brundage Lane. 2 ADB 22-03521 Active 2014 N/A PAGE 1 olj1TY p� M 6)