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Home My WebLink About01/04/10 RDA AGENDA BAKERSFIELD REDEVELOPMENT AGENCY AGENDA " REGULAR MEETING OF JANUARY 4, 2010 Conference Room A, City Hail North 1600 Truxtun Avenue 4:00 p.m. REGULAR MEETING 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR a. Minutes of the December 14, 2009 regular meeting. b. Approval of department payments from December 4, 2009 to December 21, 2009 in the amount of $474,873.70. C. Mid Year Update on Redevelopment Area Budgeted Fund Balances 1. Proposed Mid-Year Budget Adjustments 2. Estimated Fund Balances by Project Area d. Component Unit Financial Report (CUFR) for the Bakersfield Redevelopment Agency for the fiscal year ended June 30, 2009. e. Amendment No. 1 to Agreement No. 09-010 with outside counsel, California Eminent Domain Law Group, APC for legal services ($70,000, total not to Exceed $150,000) in the matter of redevelopment and/or other miscellaneous Matters as directed by City Attorney for property located at 730 California Avenue. Staff recommends approval of Consent Calendar items 3, a. through 3. e. 4. PUBLIC HEARINGS 5. REPORTS 6. DEFERRED BUSINESS 7. NEW BUSINESS a. Amendment No. 2 to Agreement No. BRDA07-007 with Overland, Pacific & Cutler, Inc. ($25,100 for a total amount not to exceed $75,000) to provide additional relocation services for the South Mill Creek Mixed-Use Project. Staff recommends approval of Amendment. b. Election of Bakersfield Redevelopment Agency Chairperson and Vice- Chairperson for Calendar Year 2010. Staff recommends conducting election In accordance with Bakersfield Redvelopment Agency By-laws. 8. AGENCY STATEMENTS 9. CLOSED SESSIONS 10. WORKSHOPS 11. ADJOURNMENT Respectfully s e , an Tan Executive Direct r A O~ e e e ~ ~ Cn ADMINISTRATIVE REPORT MEETING DATE: January 4, 2010 AGENDA SECTION: Consent Calendar ITEM: 3.a. TO: Bakersfield Redevelopment Agency APPROVED FROM: Roberta Gafford, Secretary DEPARTMENT HEAD AT DATE: December 22, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Minutes of the December 14, 2009 regular meeting. RECOMMENDATION: Staff recommends approval of the minutes. BACKGROUND: 0 0 y e ADMINISTRATIVE REPORT ~1 "41Y M1~' MEETING DATE: January4, 2010 AGENDA SECTION: Consent Calendar ITEM: 3 b. TO: Bakersfield RDA APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 21, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Approval of department payments from December 4, 2009 to December 1, 2009 in the amount of $474,873.70. RECOMMENDATION: Staff recommends approval of payments totaling $474,873.70. BACKGROUND: Individual payments exceeding $3,500 in the above total are listed below. Creekview Villas, LLC 48,631.57 Disbursement eragreement RA09-001 Elite Landscaping Inc 277,448.98 Mill Creek Linear Park eragreement 09-031 Westamerica Bank 32,386.52 Mill Creek Linear Park escrow in lieu of retention eragreement 09-031 City of Bakersfield 85,000.00 (Bank loan repayment and origination fee per agreement CIEDB 07-083 Aleshire & W nder, LL $ 6,148.00 professional services eragreement 09-009 Meyer Civil Engineering Inc $ 17,704.99 Plans and Spec preparation eragreement 08-044 SAKim G\ADMIN-BRDA\ADMIN-BRDA-AP-2010\ADMIN-BRDA-AP-01-04-10.doc 1 F A ADMINISTRATIVE REPORT MEETING DATE: January 4, 2010 AGENDA SECTION: Consent Calendar ITEM: TO: Bakersfield Redevelopment Agency APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 18, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Mid Year Update on Redevelopment Area Budgeted Fund Balances 1. Proposed Mid-Year Budget Adjustments 2. Estimated Fund Balances by Project Area RECOMMENDATION: Staff recommends the budget overview be received and filed. BACKGROUND: Staff will be proposing several mid-year budget adjustments to the City Council in January for their consideration. Some of the adjustments are related to the amendments made to redevelopment debt service when we were unable to sell the Series C & D Tax increment bonds originally contemplated when the budget was assembled back in May 2009. There are also a couple of other debt service related costs that have been incurred that were not anticipated in the original budget. Additionally, a recent review of Kern County Assessed Valuation data has shown a dramatic decrease in the assessed values within the Southeast Project Area that require immediate adjustment of our original Tax Increment revenue estimated for that area. Assessed values decreased by about $100 million from 2008-09 to 2009-10, which requires us to lower our revenue estimate by about $750,000. We would also like to provide a mid-year overview of estimated fund balances for the various project areas. A schedule is attached that will be reviewed with you during the meeting. All of these items are informational in nature and require no specific action to be taken by the Board. December 21, 2009, 9:52AM S:Wdmin\Admin Reports\2009 RDA mid year budget adjustments.docx AA O~ covoxn s ADMINISTRATIVE REPORT L) MEETING DATE: January 4, 2010 AGENDA SECTION: Consent Calendar ITEM: 3. d. TO: Bakersfield Redevelopment Agency APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 18, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Financial Audit Reports for the Bakersfield Redevelopment Agency for the fiscal year ended June 30, 2009. 1. Component Unit Financial Report (CUFR). 2. Management Letter. RECOMMENDATION: Staff recommends the Component Unit Financial Report be received and filed. BACKGROUND: 1. Attached is the Bakersfield Redevelopment Agency's Component Unit Financial Report (CUFR) Commonly referred to as the Agency's Annual Audit Report, for the fiscal year ended June 30, 2009. The CUFR represents the Agency's financial statements as of June 30, 2009 which are audited by the accounting firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter. 2. Attached is the Management Letter from the accounting firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter. There were no significant audit findings and no difficulties in performing the audit. December 18, 2009, 4:32PM S:1Admin\Admin Reports\2009 RDA CUFR.doc ADMINISTRATIVE REPORT MEETING DATE: January 4, 2010 AGENDA SECTION: Consent Calendar ITEM: 3- e- TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 16, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Amendment No. 1 to Agreement No. 09-010 with outside counsel, Califo is Eminent Domain Law Group, APC for legal services ($70,000, total not to exceed $150,000) in the matter of redevelopment and/or other miscellaneous matters as directed by City Attorney for property located at 730 California Avenue. RECOMMENDATION: Staff recommends approval. BACKGROUND: On September 14, 2009, Agency staff approved an agreement for legal services with California Eminent Domain Law Group, APC. California Eminent Domain Law Group specializes in redevelopment law matters, including eminent domain issues. Therefore, the firm was retained as outside counsel to handle redevelopment matters in the South Mill Creek project specifically 730 California Avenue. The Agreement was approved in an amount not to exceed $80,000.00. At this time, the City Attorney's office requests that a new contract be executed for an additional $70,000.00 in compensation so that outside representation may continue. The Southeast Redevelopment Project area has sufficient funds within its budget to accommodate this request for additional compensation. S:\Admins\RDA\RDA Admins 201Malif Eminent Domain Law Amend #1 09-010. Doc 12/16/2009 4:46 PM ADMINISTRATIVE REPORT MEETING DATE: January 4, 2010 AGENDA SECTION: New Business ITEM: . q TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 17, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR DC SUBJECT: Amendment No, 2 to Agreement No. BRDA07-007 with Overland, Pacific & Cutler, Inc. ($25,100 for a total amount not to exceed $75,000) to provide additional relocation services for the South Mill Creek Mixed-Use Project. RECOMMENDATION: Staff recommends approval. BACKGROUND: On September 17, 2007, the Bakersfield Redevelopment Agency entered into Agreement No, BRDA07-007 with Overland, Pacific & Cutler, Inc, for $36,225 to provide relocation services for the South Mill Creek Mixed-Use Project. On April 13, 2009, the Bakersfield Redevelopment Agency approved Amendment No.l to BRDA07-007 for additional relocation services in the amount of $13,675 required for the project. Due to on-going and complex relocation matters associated with 730 California Avenue, Overland, Pacific & Cutler will continue to provide relocation services including documentation of relocation efforts in addition to extensive consultations with legal advisors regarding condemnation proceedings to ensure the Agency has negotiated the relocation of the businesses in good faith, The additional relocation referrals, documentation of relocation efforts, consultations with legal consultants and expert witness fees has resulted in additional costs to the project in an amount of $25,100. Staff is requesting that the Bakersfield Redevelopment Agency approve Amendment No. 2 to Agreement No. BRDA07-007 for $25,100 for the additional relocation efforts required for this significant mixed-use project located in the Southeast Redevelopment Project Area. Compensation for all work, services or products called for under this Agreement shall not exceed a total payment of $75,000. S:\Admins\RDA\RDA Admins 2010\Overland,Pacificamend #2.Doc 12/17/2009 2:47 PM BAKE oF,«wo„„ e ADMINISTRATIVE REPORT IF MEETING DATE: January 4, 2010 AGENDA SECTION: New Business ITEM: -7. b. TO: Bakersfield Redevelopment Agency APPROVED FROM: Roberta Gafford, Secretary DEPARTMENT HEAD DATE: December 21, 2009 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Election of Bakersfield Redevelopment Agency Chairperson and Vice-Chairperson for Calendar Year 2010. RECOMMENDATION: Staff recommends conducting election in accordance with Bakersfield Redevelopment Agency By-laws. BACKGROUND: The adopted By-laws for the Bakersfield Redevelopment Agency stipulate that the Chairperson and Vice- Chairperson be elected during the Agency's January meeting. Term of office is one year. ir