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Home My WebLink About12/14/09 RDA AGENDA BAKERSFIELD REDEVELOPMENT AGENCY R AGENDA REGULAR MEETING OF DECEMBER 14, 2009 Conference Room A, City Hall North 1600 Truxtun Avenue 4:00 p.m. - REGULAR MEETING 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR a. Minutes of the October 12, 2009 regular meeting. b. Approval of department payments from October 2, 2009 to December 3, 2009 in the amount of $2,339,835.02. C. Amendment No. 2 to Agreement No. 05-195/RA05-002 Sub-recipient with the City of Bakersfield for the commitment of $2,046,619 Home Investment Partnership Funds earmarked for affordable housing In the Baker Street Mixed Use Project. Staff recommends approval of Consent Calendar Items 3.a. thru 3.c. 4. PUBLIC HEARINGS 5. REPORTS a. Update status of Baker Street Mixed Use Project. b. Update status of Proposition 1 c. c. Mill Creek Linear Park Financial update 6. DEFERRED BUSINESS 7. NEW BUSINESS a. Resolution establishing the dates of meetings for the Bakersfield Redevelopment Agency for the months of January through December 2010. Staff recommends approval of the resolution. b. Agreement with Desmond, Marcello & Amster for $65,000 to provide additional goodwill loss appraisal services for the South MITI Creek Mixed-Use Project. Staff recommends approval of the agreement. 7. NEW BUSINESS CONT. c. Owner Participation Agreement with Mexicali, a California Corporation to provide all maintenance necessary for a facade wall and wrought iron fence located within the public right-of-way along Mill Creek Linear Park between 17th and 18th Streets. Staff recommends approval of the agreement. 8. AGENCY STATEMENTS 9. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation Closed session; pursuant to subdivision (a) of Government Code section 54956.9 for Bakersfield Redevelopment Agency vs. Whitlock Property, LLC, et al. KCSC Case No. S-1500-CV-265174 SPC b. Conference with Real Property Negotiators pursuant to Government Code section 54956.8 regarding properties at 7000alifornia Ave and 1231 R Street; Agency Negotiators: Finance Officer Nelson Smith and Real Property Manager Donald Anderson; Negotiating Parties: Pastor Timothy O. Coston, Sr., Cain Memorial AME Church; Under Negotiation: Price and terms of payment for purchase. RECESS TO CLOSED SESSION 10. CLOSED SESSION ACTION 11. WORKSHOPS 12. ADJOURNMENT ARespecff ully submitte y Dlrecto C A Q`ytA 4t ADMINISTRATIVE REPORT i MEETING DATE: December 14, 2009 AGENDA SECTION: Consent Calendar ITEM: 3.a. TO: Bakersfield Redevelopment Agency APPROVED FROM: Pamela A. McCarthy, City Clerk DEPARTMENT HEAD DATE: December 4, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Minutes of the October 12, 2009 regular meeting. RECOMMENDATION: Staff recommends approval of the minutes. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: Consent Calendar ITEM: 3 - b. TO: Bakersfield RDA APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 3, 2009 GENERAL COUNSEL -f7 EXECUTIVE DIRECTOR SUBJECT: Approval of department payments from October 2, 2009 to December 03, 2009 in the amount of $2,339,835.02. RECOMMENDATION: Staff recommends approval of payments totaling $2,339,835.026 BACKGROUND: Individual payments exceeding $3,500 in the above total are listed below. Downtown Business & Property Assoc. 4,699.00 Printing 2,500 programs eragreement BRDA09-014 Mercy Housing of California 88,724,12 Playground surface and construction costs eragreement RA09-005 Meyer Civil En ineerin Inc 29,704.15 Plans, specs and estimate for Mill Creek eragreement 08-044 Graham Vaa e LLP 125,000.00 Settlement for case #S-1500-CV-265175-SPC re: South Mill Creek DOD Development 4,930.00 Work completed re: Front Porch Program eragreement BRDA09-004 Granite Construction Company 10,174.00 Final retention payment for Mill Creek eragreement 08-212 Westamerica Bank 69,401.21 Mill Creek Linear Park escrow in lieu of retention eragreement 09-031 Elite Landscaping Inc 624,610.86 Mill Creek Linear Park eragreement 09-031 California Eminent Domain Law Group 50,759.24 Professional services eragreement BRDA08-018 Mercy Housing of California 146,279.45 Playground surface and construction costs eragreement RA09-005 California Housing Finance Agency 872,771.00 Wire transfers for CHFA loans # 1585, # 1707, # 1946, # 1984 SAKim GWDMIN-BRDA\ADMIN-BRDA-AP-2010\ADMIN-BRDA-AP-11-09-09.doc 1 A ADMINISTRATIVE REPORT Millazzo & Associates 3,850.20 Mexicali Fa ade Wall professional service eragreement BRDA'09-006 19th Street Senior Plaza LLC c/o Southwest Consulting Inc 100,459.28 Payment disbursement eragreement RA08-014 Downtown Business & Property Owners Assoc. 25,000.00 Reimbursement of costs related to Electric Trolley per agreement BR DA09-016 Meyer Civil Engineering Inc. $ 14,246.50 Preparation of plans and specs for Mill Creek project per agreement 08-044 California Eminent Domain Law Group 14,716.20 Professional services eragreement BRDA08-018 Mercy Housing of California 23,085.25 Playground surface and construction costs eragreement RA09-005 Gilliam & Sons 120,702.60 Rick's Recycling demolition at 730 California Ave. per agreement 09-114 SAKim MADMIN-BRDMADMIN-BRDA-AP-20 10\ADMIN-BRDA-AP-1 1-09-09.doc 2 A ,r ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: Reports ITEM: 6.4. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: November 25, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Update status of Baker Street Mixed Use Project RECOMMENDATION: No action required. BACKGROUND: Staff will provide an update on the Baker Street Project. S:\Admins\RDA\RDA Admins 2009\Baker Street update 121409.doc 11 /25/2009 9:05 AM d, ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: Reports ITEM: S. b. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 4, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Update status of Proposition 1 C RECOMMENDATION: No action required. BACKGROUND: Staff will provide an update on Proposition 1 C S:\Admins\RDA\RDA Admins 2009\Prop 1 C update 121409.doc 12/4/2009 10:24 AM i ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: Reports ITEM: Or. G. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 4, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Mill Creek linear park financial update RECOMMENDATION: No action required. BACKGROUND: Staff will provide a Mill Creek linear park financial update. S:\Admins\RDA\RDA Admins 2009\Mill Creek linear park financial update 121409.doc 12/4/2009 10:19 AM A ADMINISTRATIVE REPORT MEETING DATE: December 1.4, 2009 AGENDA SECTION: New Business ITEM: '7.4. TO: Bakersfield Redevelopment Agency Members APPROVED FROM: Pamela A. McCarthy, City Clerk DEPARTMENT HEAD Gf r DATE: October 12, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Resolution establishing the dates of meetings for the Bakersfield Redevel met Agency for the months of January through December 2010. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This Resolution sets the regular Bakersfield Redevelopment Agency meeting dates for the 2010 calendar year. All regular meetings will be held on Mondays, at 1600 Truxtun Avenue, Conference Room A, at 4:00 p.m. The annual meeting is scheduled for Monday, January 4, 2010, in accordance with Redevelopment Agency By-laws. Officers will be elected at that time. PI October 12, 2009, 2:33PM S:18RDAWDMINS2008=10 calendar admin.dot oF, Je.K kS ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: New Business ITEM: T b. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 1, 2009 CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Desmond, Marcello & Amster for $65,000 to provicladdit' nal goodwill loss appraisal services for the South Mill Creek Mixed-Use Project. RECOMMENDATION: Staff recommends approval. BACKGROUND: On July 17, 2008, the City of Bakersfield entered into Agreement No. ED08-015 with Desmond, Marcello & Amster (DM&A) for $25,000 to provide goodwill loss appraisal services for Rick's Recycling located at 730 California Avenue, Bakersfield, California within the South Mill Creek Mixed-Use Project. As DM&A's work on Rick's Recycling progressed, more extensive appraisal analysis became necessary. To properly analyze Rick's Recycling's business and the potential impact from the eminent domain action, it was necessary for DM&A to analyze the business operating at 730 California Avenue both as a stand-alone business and together with the South Union Avenue location in before and after scenarios. This was necessary because the California Avenue location was ultimately consolidated with the South Union branch, rather than relocated independently. This analysis was more complex than a typical goodwill analysis because the financial records for the entire business were consolidated, which required DM&A to evaluate how the revenue and expenses should be allocated among and between the operations. Additionally, because there was a potentially suitable relocation site available nearby (Hayden Court), DM&A needed to analyze a potential loss of goodwill scenario, in the "after" condition, had Rick's Recycling relocated to Hayden Court. Moreover, a related entity, A&S Trucking, also made a claim for loss of goodwill, necessitating an additional goodwill appraisal. The additional complex goodwill analysis has resulted in additional costs to the project in an amount of $65,000. Staff is requesting that the Bakersfield Redevelopment Agency approve the agreement for $65,000 for additional goodwill loss appraisal services required through completion. SAAdmins\RDA\RDA Admins 20090esmond,Marcello &AmsterAgreement2.doc 12/1/2009 ADMINISTRATIVE REPORT MEETING DATE: December 14, 2009 AGENDA SECTION: New Business ITEM: 7. C • TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD i DATE: December 7, 2009 GENERAL COUNSEL 16/ EXECUTIVE DIRECTOR 71"7 SUBJECT: Owner Participation Agreement with Mexicali, a California Corporation to pr ide all maintenance necessary for a fagade wall and wrought iron fence to ted within the public right-of-way along Mill Creek Linear Park between 171h and 181h Streets. RECOMMENDATION: Staff recommends approval, BACKGROUND: A new fagade wall and wrought iron fence is currently being constructed within the public right- of-way adjacent to the Mexicali Restaurant at 631 18th Street along the Mill Creek Linear Park. This new facade wall and wrought iron fence, located between 17th and 18th streets along the canal, will add to the aesthetics of the 1.5 mile Mill Creek Linear Park and will eliminate unattractive conditions created by existing utility and water lines. The original Millcreek design at this location included a garden wall with potted plants. This component was enhanced to create a more attractive design and incorporate artistic features along this highly visible segment of the linear parkway. The owners of Mexicali have agreed to maintain and repair the fagade wall and wrought iron fence at no cost to the Agency in perpetuity. Maintenance and repair will include sweeping, graffiti elimination, trash removal, painting, signage, exterior lighting, and repair of the facade wall and fence Including dents to the wrought iron. The City of Bakersfield's Recreation and Parks division will maintain all plants and trees within the public right-of-way. S:Wdmins\RDA\RDA Admins 2009\Mexicali opa facade wall.doc 12/7/2009 9:20 AM A ADMINISTRATIVE REPORT BAKERSFIELD REDEVELOPMENT AGENCY MEETING DATE: December 14, 2009 AGENDA SECTION: Closed Session ITEM: TO: Bakersfield Redevelopment Agency APPROVED FROM: Virginia Gennaro, General Counsel DEPARTMENT HEAD DATE: December 7, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9, (One matter.) • Bakersfield Redevelopment Agency vs. Whitlock Property, LLC, et al. KCSC Case No. S-1500-CV-265174 SPC JHR:vl SAEdcd\RDA(CDDA)\09-10 RDA Admins\ClSessAdminl2-14-09ExistLit.doc 9lu ADMINISTRATIVE REPORT BAKERSFIELD REDEVELOPMENT AGENCY MEETING DATE: December 14, 2009 AGENDA SECTION: Closed Session ITEM: 9•b. TO: Bakersfield Redevelopment Agency APPROVED FROM: Virginia Gennaro, General Counsel DEPARTMENT HEAD DATE: December 7, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Conference with Real Property Negotiators pursuant to Government Code section 54956.8. • Properties: 700 California Avenue 1231 R Street Agency Negotiators: Finance Officer Nelson Smith and Real Property Manager Donald Anderson Negotiating Parties: Pastor Timothy O. Coston, Sr. Cain Memorial AME Church Under Negotiation: Price and terms of payment for purchase JHR:vl S.\Edcd\RDA(CDDA)\09-10 RDA Admins\ClSessAdminl2-14-09Propertynego.doc