HomeMy WebLinkAboutRES NO 058-2024 RESOLUTION NO. 058 - 2024
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING AND RATIFYING THE
PURCHASE OF THE BLIGHTED AND NUISANCE PROPERTY
LOCATED AT 901 UNION AVENUE, BAKERSFIELD, CA 93307
IN THE AMOUNT OF ONE MILLION FOUR HUNDRED
THOUSAND DOLLARS AND ONE CENT ($1,400,000.01)
FROM THE FORECLOSURE SALE AUCTION TO ABATE THE
NUISANCE AND FOR AFFORDABLE HOUSING PURPOSES.
WHEREAS, the City of Bakersfield ("CITY") is in receipt of funding under the
American Rescue Plan Act of 2021 ("ARPA") to address the negative economic
impacts to local small business and non-profits who have been adversely
impacted by COVID-19, and
WHEREAS, on May 10, 2021, the U.S. Department of the Treasury (hereinafter
"TREASURY") issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of
the Code of Federal Regulations ("CFR") and
WHEREAS, on January 27, 2022, TREASURY adopted the interim rule
published on May 10, 2021, with amendments as the final rule; and
WHEREAS, the final rule further recognized that certain populations and
communities have experienced disproportionate health or negative economic
impacts during the pandemic, located within Qualified Census Tracts as defined
by U.S. Housing and Urban Development Department (HUD), and
WHEREAS, on March 2, 2022, the Bakersfield City Council allocated
Coronavirus State and Local Fiscal Recovery Funds (SLFRF) (31 CFR Part 35, also
commonly known as American Rescue Plan Act, or ARPA) funding for the
purchase of blighted properties for the purposes of the elimination of blight,
including vacant and abandoned properties citywide; 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, in compliance with the State of California law and its
Housing Element, must provide affordable housing in the City to meet the full
spectrum of the housing needs of its population, and particularly to provide
housing opportunities for low- and moderate-income residents of fhe City, and
WHEREAS, the City Charter authorizes the City to acquire and purchase
property for any municipal purpose; and
- Page 1 of 3 Pages- 5
WHEREAS,on October 5, 2022, the City Council adopted Resolution No. 155-
2022, giving staff authorization to acquire properties designated as chronic
nuisance properties within the City of Bakersfield; and
WHEREAS, CITY staff has identified the property located at 901 Union
Avenue, Bakersfield, CA 93307 ("Property") as a blighted, chronic nuisance
property under previously established terms and conditions-, and
WHEREAS, on October 26, 2023, the Property experienced a fire that
damaged four rooms rendering them uninhabitable; and
WHEREAS, PG&E has since removed the gas meter power to the entire
Property, and all residents have been relocated, rendering the Property vacant;
and
WHEREAS, although the windows and doors have been boarded and the
Property has been secured with fencing, CITY continues to respond to numerous
calls to secure the Property; and
WHEREAS,on April 24, 2024, the City purchased the Property of a foreclosure
sale auction in the amount of ONE MILLION FOUR HUNDRED THOUSAND DOLLARS
AND ONE CENT ($1,400,000.01); and
WHEREAS, based on the short notice of the oucf[on, CITY had insufficient
time to request prior approval by the City Council to purchase the Property; and
WHEREAS, CITY now requests fhof City Council ratify the purchase of the
Property using ARPA funds in the amount of ONE MILLION FOUR HUNDRED
THOUSAND DOLLARS AND ONE CENT ($1,400,000.01) to abate the nuisance and
for purposes of developing affordable housing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The City Council hereby authorizes and ratifies the CITY's purchase of
the Property of the April 24, 2024 foreclosure sale using ARPA funds in the amount
of ONE MILLION FOUR HUNDRED THOUSAND DOLLARS AND ONE CENT
($1,400,000.01) to abate the nuisance caused by the Property and for the purpose
of developing affordable housing.
----------000-------
- Page 2 of 3 Pages-
I 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
MAY - 8 2024 — by fhe following vote:
V v v v 6/
(AL COUNCILMEMBEP: ARIAS,GONZALES;W[ SMITH,FREEMAN,GRAY, KAUR
NOES: COUNCWEMBER:
ABSTAIN: COUNCIUOEMBER:
1,
COUNCILMEMBER:
JU[IE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED MAY - 8 2024
By: 44M
KAREN GOH
MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
By:
By:
OSHUA H. RUDNICK
0 Deputy City Attorney 11
JHWog
S:\C0UNC1L\ResosV23-24\RES 901 Union Purchaso.doex
- Page 3 of 3 Pages-