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RESOLUTION NO. ____________
RESOLUTION DECLARING REAL PROPERTY
EXEMPT SURPLUS LAND AND SURPLUS TO THE
NEEDS OF THE CITY
WHEREAS, on April 24, 2024, the City of Bakersfield (“City”) acquire d certain real property known as the Ramkabir Motel, located at 901 Union Avenue (APN 009-502-10), as more particularly identified on Exhibit “A”, attached hereto and made a part hereof (“Property”) for the purpose of developing affordable housing; and
WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (“Act”) applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, pursuant to Government Code section 54221(f)(1)(A), the Act also exempts certain surplus land from its requirements, including, land that is transferred pursuant to Government Code Section 37364 qualifies as “exempt surplus land”; and
WHEREAS, Government Code Section 37364 authorizes cities to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low -or moderate -income provided that (i) at least 80% of the area of the property will be used for development of housing, and (ii) at least 40% of the housing units developed on the property will be affordable to households whose income is not greater than 60% AMI (75% of the upper limit for “lower income households”), of which at least one -half will be affordable to households of very low-income (50% AMI); and
WHEREAS, City will jointly apply with Community Action Partnership of Kern (CAPK) for an award of funding for the Homekey+ Program under the California Department of Housing and Community Development (“HCD”), established pursuant to California Health and Safety Code Section 50675.1.3 et seq. (the “Homekey+ Program”) providing Permanent Supportive Housing to extremely low-income individuals (30% AMI); and
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WHEREAS, if awarded the Homekey+ Program funding, the City desires to transfer the Property for its rehabilitation and operation as provided herein and therefore such property qualifies as exempt surplus land.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The City Council adopts the recitals set forth above as findings of fact.
2. The City Council has determined, and hereby affirms that the Property will be used to provide housing affordable to persons and families of extremely low income, that this use is in the City’s best interests, and that the rehabilitation and operation of the Property will satisfy the requirements of Government Code Section 37364.
3. The City Council further makes the following findings, pursuant to Government Code Section 37364 that the Property shall be developed:
a. Consistent with the requirements that not less than 80% of the Property will be developed for housing.
b. Consistent with the requirements for affordability , with the exception of the manager’s unit, all of the residential units in the Project will be affordable to households whose incomes are not greater than 30% of area median income.
4. Based upon the foregoing, the City Council hereby determines and declares the Property to be exempt surplus land under Government Code Section 54221(f)(1)(A) as property to be transferred pursuant to Government Code Section 37364.
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5. If City does not receive Home key+ Program funding, this Resolution is hereby null and void.
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 ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER _______________________________________________________________
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JULIE DRIMAKIS, MMC
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
By _________________________
VIRGINIA GENNARO
City Attorney
VG/blf
Attachments: Exhibit “A”
S:\Economic&CommunityDevelop\Resos\24-25\Ramkabir.Surplus.Reso.doc A-1
Exhibit “A”
Legal Description & Assessor Parcel Map
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, CITY OF BAKERSFIELD, DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 3, 4, 5, 6 AND 7 IN BLOCK 1 OF CALIFORNIA AVENUE PARK TRACT NO. 2, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
AN EASEMENT FOR THE USE AND MAINTENANCE OF AN AIR CONDITIONING UNIT AND SHEDS HOUSING SAME OVER THE NORTH 30 FEET OF THE EAST 30 FEET OF LOT 14 IN BLOCK 1 OF CALIFORNIA AVENUE PARK, TRACT NO. 2, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
APN: 009-502-10-00-1