The URL can be used to link to this page

Home My WebLink About01/03/11 RDA AGENDABAKERSFIELD REDEVELOPMENT AGENCY AGENDA " REGULAR MEETING OF JANUARY 3, 2011 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 November 8, 2010 regular meeting. b. Approval of department payments from October 22, 2010 to December 16, 2010 in the amount of $829,185.21. C. Financial Audit Reports for the Bakersfield Redevelopment Agency for the fiscal year ended June 30, 2010. 1. Component Unit Financial Report (CUFR) 2. Management Letter Staff recommends approval of Consent Calendar items 3.a. through 3.c. 4. PUBLIC HEARINGS a. Public Hearing to consider Resolution of Necessity to determine public interest and necessity for acquisition of certain real property located at 600-602 18m Street (Leach Property) by Eminent Domain for Redevelopment Purposes. (Code of Civil Procedure § 1245.230) Staff recommends adoption of Resolution. 5. REPORTS a. Update status of Baker Street Mixed Use Project. b. Update status of Mill Creek Area Projects. 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 2011. Staff recommends adoption of the resolution. 7. NEW BUSINESS (cont'd) b. Election of Bakersfield Redevelopment Agency Chairperson and Vice- Chairperson for Calendar Year 2011. Staff recommends conducting election in accordance with Bakersfield Redevelopment Agency By-laws. 8. AGENCY STATEMENTS 9. CLOSED SESSIONS 10. WORKSHOPS 11. ADJOURNMENT Respectfully submitted, Alan Tand Executive Director BA E ~ywVOef RiS ADMINISTRATIVE REPORT C " AL1F0 MEETING DATE: January 3, 2011 AGENDA SECTION: Consent Calendar ITEM: 3.a. TO: FROM: DATE: SUBJECT: Bakersfield Redevelopment Agency Roberta Gafford, Secretary December 23, 2010 Minutes of the November 8, 2010 regular meeting. APPROVED DEPARTMENT HEAD T GENERAL COUNSEL EXECUTIVE DIRECTOR RECOMMENDATION: Staff recommends approval of the minutes. BACKGROUND: A .y ~ ADMINISTRATIVE REPORT MEETING DATE: January 3, 2011 AGENDA SECTION: Consent Calendar ITEM: 3.6. TO: Bakersfield RDA APPROVED FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 17, 2010 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Approval of department payments from October 22, 2010 to December 16/2010 in the amount of $829,185.21. RECOMMENDATION: Staff recommends approval of payments totaling $829,185.21. BACKGROUND: Individual payments exceeding $3,500 in the above total are listed below. California Eminent Domain Law Grou Professional services eragreement BRDA #08-018 BK Transmissions Leasehold and Security Deposit Union Bank NA Mill Creek Phase 56 eragreement # 10-013 HPS Mechanical Inc. Mill Creek Phase 513 eragreement # 10-013 PG&E Deposit for Building 4 of Creekview Villas Aleshire & W nder LLP Professional services era mnt #09-009 Housing Authority of the Count of Kern Baker Street Village Phase I eragreement RA # 10-003 Creekview Villas LLC Disbursement requests era rmt #RA09-001 Merc Housing of California Pa ment era reement RA #09-005 Downtown Business & Property Assoc. Christmas Tree Li ht installation eragreement BRDA # 10-020 Union Bank NA Mill Creek Phase 56 era reement #10-013 HPS Mechanical Inc. Mill Creek Phase 513 eragreement # 10-013 SAKim GWDMIN-BRDA\ADMIN-BRDA-AP-201 AADWN-BRDA-AP-1-3-1 Ldoc 4,457.90 19,979.00 13,216.10 118,944.93 5,000.00 4,554.00 197,260.09 354,285.37 25,978.32 10,000.00 5,342.87 48,085.78 1 BA O~~COIPORAl(~ "S l" ADMINISTRATIVE REPORT c~LIFO MEETING DATE: January 3, 2011 AGENDA SECTION: Consent Calendar ITEM: -3, C-. TO: Bakersfield Redevelopment Agency FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD DATE: December 8, 2010 GENERAL COUNSEL EXECUTIVE DI SUBJECT: Financial Audit Reports for the Bakersfield Redevelopment Agency for the fi June 30, 2010. 1. Component Unit Financial Report (CUFR). 2. Management Letter. RECOMMENDATION: Staff recommends the Component Unit Financial Report be received and filed. BACKGROUND: APPROVED ended 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, 2010. The CUFR represents the Agency's financial statements as of June 30, 2010 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 9, 2010, 11:18AM S:WdminWdmin Reports\2010 RDA CUFR.doc BA k. OF~cosron,r U ADMINISTRATIVE REPORT cgLIFO `y~P BAKERSFIELD REDEVELOPMENT AGENCY MEETING DATE: January 3, 2011 AGENDA SECTION: Hearings ITEM: q. o~ . TO: Bakersfield Redevelopment Agency APPROVED FROM: Joshua H. Rudnick, Deputy Agency Counsel DEPARTMENT HEAD /14~ DATE: December 15, 2010 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Hearing on Resolution of Necessity to determine the public interest and ne essity for acquisition of certain real property located at 600-602 18th Street, Bakersfield, California (Leach property), by Eminent Domain for Redevelopment Purposes. (Code of Civil Procedure § 1245.230) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Code of Civil Procedure § 1245.230 requires that the Redevelopment Agency adopt "a Resolution of Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain "pre-condemnation" requirements be met. Each of these requirements has been met, as set forth below, and is set forth in the Resolution. In order to adopt the proposed Resolution of Necessity, the Agency must find and determine that: A. The public interest and necessity require the proposed project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property is necessary for the proposed project; D. The offers required by Section 7267.2 of the California Government Code were made to the owners of record of the subject properties; and S:\Edcd\RDA(CDDA)\10-11 RDAAdmins\RON-Leach1-3-11.doc 12/15/2010 10:08 AM ADMINISTRATIVE REPORT Page 2 E. The proposed project is a more necessary public use than any existing public use. The hearing on the proposed Resolution relates only to items A, B, C, D, and E above as they may apply to the property sought to be acquired. In addition, under California Code of Civil Procedure § 1240.610, to the extent any portion of the project site is currently utilized for public use, the Redevelopment Agency may only acquire that interest to the extent the proposed project is a more necessary public use than the existing public use. The hearing on the proposed Resolution will accordingly relate to the more necessary public use issue as well. California Code of Civil Procedure §1240.610 requires reference to that section in the Resolution of Necessity if the Redevelopment Agency seeks to acquire a property interest as a more necessary public use. The Project The Mill Creek Linear Park Project (The Mill Creek Project)/Sister Cities Garden Project ("Project") is proposed to redevelop certain property, including the elimination of blight, within the Old Town Kern-Pioneer Redevelopment Project Area pursuant to the Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project ("Redevelopment Plan"), adopted June 30, 1999. The Project consists of transformation of an existing canal into a "natural" creek, park improvements and the construction of the Sister Cities Garden. The Project will be constructed in multiple phases, but the redevelopment of the property described herein is scheduled to begin within two years from acquisition. Environmental Studies Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was performed to evaluate the environmental effects of the Project. The Initial Study has shown that the proposed Project will not result in a significant impact on the quality of the human environment (Finding of No Significant Impact). Accordingly, a Negative Declaration was approved. Additional project information is contained in the Environmental Review Record (ERR) on file at the City of Bakersfield, Economic and Community Development Department. DISCUSSION The Redevelopment Agency has before it a proposed Resolution of Necessity to acquire the subject property which is legally described on Exhibits "A" and "B" attached to the proposed Resolution, and which property is identified as Kern County Assessor's Parcel Number 006-091-03; County of Kern, California. The property is commonly known as and generally located at 600 - 602 18th Street, Bakersfield, County of Kern, California. The Resolution authorizes the acquisition of the subject property by exercise of eminent domain. S:\Edcd\RDA(CDDA)\10-11 RDAAdmins\RON-Leach1-3-11.doc 12/15/201010:08 AM ADMINISTRATIVE REPORT Page3 The proposed Project would entail acquisition/relocation of approximately two commercial units. Under state law, the Redevelopment Agency is obligated to provide relocation assistance to all persons who qualify for assistance under the State Relocation Assistance Law and its guidelines. Relocation assistance consultants have contacted all occupants to provide information about relocation assistance benefits. A. The Public Interest and Necessity Require the Project. The Project is intended to eliminate blight by revitalizing property. B. The Project is Planned or Located in the Manner that Will Be Most Compatible With the Greatest Public Good and the Least Private Injury. The purpose of the Redevelopment Plan is to improve the quality of life for residents and business enterprises within the Old Town Kern-Pioneer Redevelopment Project Area. Acquisition and assembly of properties for revitalization is consistent with the Redevelopment Plan's strategic objectives resulting in the elimination of blight. The owner and occupants of the Subject Property may be entitled to compensation for the property acquired, as well as relocation benefits. C. The Property is Necessary for the Proposed Project The Project requires the assembly of properties within the project site, including the property that is the subject of the proposed Resolution of Necessity. The acquisition of this property and development consistent with the Redevelopment Plan's objectives to eliminate blight is the proposed Project. This property is necessary for the construction of the Project. D. The Offer Required by Section 7267.2 of the California Government Code Was Made to the Owner of Record of the Subject Property. The Agency engaged an independent licensed appraiser to appraise the property and to determine just compensation based on the property's "Fair Market Value." A written offer at the full amount of appraised just compensation was made to the property owner on or about June 15, 2010. The offer included an Appraisal Summary Statement and other information required by Section 7267.2 of the California Government Code. The offer process included subsequent negotiations with the property owner that were unsuccessful, including a counter-offer made by the Agency. E. The Proposed Project is a More Necessary Public Use Than Any Existing Public Use. There are no public uses on the Project site of which staff is aware other than possible utility and right of way easements. The proposed Project is a more necessary public use S:\Edcd\RDA(CDDA)\10-11 RDAAdmins\RON-Leach1-3-11.doc 12/15/201010:08 AM ADMINISTRATIVE REPORT Page 4 than any existing public uses, as such other public uses may be accommodated while allowing the Redevelopment Agency's Project to move forward. ADDITIONAL MATTERS In order for the property owner(s) to appear before the Agency, they must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code of Civil Procedure § 1245.235(a) (b) (3) Failure to file a written request results in the waiver of the right to appear and be heard. The Redevelopment Agency must adopt the Resolution of Necessity by a vote of two- thirds of all the members of the Agency (not two-thirds of a quorum of the members present). (Code of Civil Procedure § 1245.240). GB:JHR/Isc S:\Edcd\RDA(CDDA)\10-11 RDA Admins\RON-Leach1-3-1 tdoc 12/15/201010:08 AM BA o~ yro..o.,~Rs ADMINISTRATIVE REPORT M LIFO MEETING DATE: January 3, 2011 AGENDA SECTION: Reports ITEM: 5. o3 TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 20, 2010 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 Mixed Use Project. S:\Admins\RDA\RDA Admins 2011 \Baker Street Update 010311.Docx 12/20/2010 8:22 AM Cg BA O~ywvu4 S ADMINISTRATIVE REPORT LIFO MEETING DATE: January 3, 2011 AGENDA SECTION: Reports ITEM: 5.)0. TO: Bakersfield Redevelopment Agency FROM: Donna L. Kunz, Deputy Executive Director DATE: December 20, 2010 SUBJECT: Update status of Mill Creek Area Projects APPROVED DEPARTMENT HEAD GENERAL COUNSEL EXECUTIVE DIRECTOR " RECOMMENDATION: No action required. BACKGROUND: Staff will provide an update on Millcreek Area Projects, S:\Admins\RDA\RDA Admins 2011\Millcreek Update 010311.Docx December 20, 2010, 8:34AM cg 11A OFycouoeAre s ADMINISTRATIVE REPORT cyLL MEETING DATE: December 13, 2010 AGENDA SECTION: New Business ITEM: 1. q , TO: Bakersfield Redevelopment Agency Members APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T DATE: November 16, 2010 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Resolution establishing the dates of meetings for the Bakersfield Rede elopment Agency for the months of January through December 2011. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This Resolution sets the regular Bakersfield Redevelopment Agency meeting dates for the 2011 calendar year. All regular meetings will be held on the second Monday of the month, at 1600 Truxtun Avenue, Conference Room A, at 4:00 p.m. The annual meeting is scheduled for Monday, January 3, 2011, in accordance with Redevelopment Agency By-laws. pl December 27, 2010, 12:29PM S:\BRDA\ADMINS\2010\2011 calendar admin.dot Ka h'p~j . 01 O~ Nf ORAtOk ADMINISTRATIVE REPORT MEETING DATE: January 3, 201 1 AGENDA SECTION: New Business ITEM: -1.b. TO: Bakersfield Redevelopment Agency APPROVED FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD T DATE: December 27, 2010 GENERAL COUNSEL EXECUTIVE DIRECTOR SUBJECT: Election of Bakersfield Redevelopment Agency Chairperson and Vice-Chaff person for Calendar Year 2011. 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. S:\BRDA\ADMINS\2011\election of chair & vice chair 2011.doc jo