HomeMy WebLinkAbout08/22/2011 RDA Agenda Packet Specialr• •
u BAKERSFIELD REDEVELOPMENT AGENCY AGENDA
SPECIAL MEETING OF AUGUST 22, 2011
Conference Room A,
City Hall North
1600 Truxtun Avenue
4:00 p.m.
SPECIAL MEETING
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
a. Minutes of the July 25, 2011 special meeting.
b. Approval of department payments from July 20, 2011 to August 11, 2011
in the amount of $1,242,481.29.
Staff recommends approval of Consent Calendar items 3.a. and 3.b.
4. REPORTS
a. Update status of Baker Street Mixed Use Project,
b. Update status of Mill Creek Area Projects.
c. Update of State related and legal issues regarding the status of
Redevelopment.
5. NEW BUSINESS
a. Enforceable Obligations Payment Schedule (EOPS) in Compliance with the
California State Legislature adopted budget trailer bills ABxI 26 & ABxI 27
Modification to California Community Redevelopment Law.
Staff recommends approval of the Enforceable Obligations Payment Schedule
(EOPS)_
6. ADJOURNMENT
Respectfully submitted,
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Alan Tandy
Executive Director
MEETING DATE: August 22, 2011 AGENDA SECTION: Consent Calendar
ITEM: 3.a.
TO: Bakersfield Redevelopment Agency
FROM: Roberta Gafford, Secretary
DATE: August 12, 2011
SUBJECT: Minutes of the July 25, 2011 special meeting.
APPROVED
DEPARTMENT HEAD
GENERAL COUNSEL
EXECUTIVE DIRECTOR
RECOMMENDATION:
Staff recommends approval of the minutes.
BACKGROUND:
MEETING DATE: August 22, 2011 AGENDA SECTION: Consent Calendar
ITEM: 3 . b.
TO: Bakersfield RDA APPROVED
FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD
DATE: August 12, 2011 GENERAL COUNSEL
EXECUTIVE DIRECTOR
SUBJECT: Approval of department payments from July 20, 2011 to August 11, 2011
in the amount of $1,242,481.29.
RECOMMENDATION: Staff recommends approval of payments totaling $1,242,481.29
BACKGROUND:
Individual payments exceeding $3,500 in the above total are listed below.
Wallace & Smith Contractors
93,074.36
Creekview Villas street work era rmnt #RA 10-011
HPS Mechanical Inc.
193,842.00
Boiler replacement at Rabobank Arena era rmnt #RA 11-004
Brown Armstrong
8,343.00
Professional services era rmnt # 11-031
The Bank of New York
329,711.10
Interest & Principal on US Govt. Guaranteed Sect 108 Note
U S Bank Trust
200,359.20
RDA SEPA and OTKP Interest on Series 2009A & B bonds
Wells Fargo Bank Corp Trust Service
408,424.55
Interest & Principal on IBank Loan Sales A rmnt #CIEDB-B08-083
SAKim G\ADMIN-BRDA\ADMIN-BRDA-AP-2012WDMIN-BRDA-AP-8-22-1 Ldoc 1
MEETING DATE: August 22, 2011 AGENDA SECTION: Reports
ITEM: 4. Q-
TO: Bakersfield Redevelopment Agency
FROM: Donna L. Kunz, Deputy Executive Director
DATE: August 11, 2011
SUBJECT: Update status of Baker Street Mixed Use Project
APPROVED
DEPARTMENT HEA 6/
GENERAL COUNSEL
EXECUTIVE DIRECTOR
RECOMMENDATION:
No action required.
BACKGROUND:
Staff will provide an update on the Baker Street Mixed Use Project.
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ADMINISTRATIVE REPORT
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MEETING DATE: August 22, 2011 AGENDA SECTION. Reports
ITEM: 4. b,
TO: Bakersfield Redevelopment Agency
FROM: Donna L. Kunz, Deputy Executive Director
DATE: August 11, 2011
SUBJECT: Update status of Mill Creek Area Projects
APPROVED
DEPARTMENT HE k/1~
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 82211.Docx
August 11, 2011, 2:05PM
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MEETING DATE; August 22, 2011 AGENDA SECTION: Reports
ITEM: H. c,
TO: Bakersfield Redevelopment Agency APPROVED
FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD rt; f
DATE: August 18, 2011 GENERAL COUNSEL
EXECUTIVE DIRECTOR
SUBJECT: Update of State related and legal issues regarding Redevelopment,
RECOMMENDATION:
No action required.
BACKGROUND:
Staff will provide a report of State related and legal issues regarding the status of
Redevelopment.
SAAdmins\ RDA\ RDA Admins 2011 \Legislative Update 082211.Docx
8/18/2011 9;43 AM
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ADMINISTRATIVE REPORT
MEETING DATE: August 22, 2011 AGENDA SECTION: New Business
ITEM: 5. A.
TO: Bakersfield Redevelopment Agency APPROVED
FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD
DATE: August 18, 2011 GENERAL COUNSEL
EXECUTIVE DIRECTOR
SUBJECT: Enforceable Obligations Payment Schedule (EOPS) in Complianc with the
California State Legislature adopted budget trailer bills ABx1 26 & ABxI 27 -
Modification to California Community Redevelopment Law.
RECOMMENDATION:
Staff recommends approval of the Enforceable Obligations Payment Schedule (EOPS).
BACKGROUND:
On June 28, 2011, the State legislature adopted several budget trailer bills to implement the
State Budget for Fiscal Year FY 2011-2012. Among the signed trailer bills are two addressing
redevelopment that significantly modify the California Community Redevelopment Law ABxI
26 the "Dissolution Act" and ABxI 27 the "Voluntary Program Act". If upheld against
anticipated constitutional challenge, the Redevelopment Restructuring Acts will
fundamentally alter the future of California redevelopment.
Although the City Council adopted the Resolution of Intent to make remittances in order to
avoid dissolution of the Bakersfield Redevelopment Agency and the first reading of the
requisite ordinance to comply with the Voluntary Alternative Redevelopment Program was
considered by the Council on August 17, 2011, AB 1 X 26 still requires Agencies to submit their
completed Enforceable Obligation Payments Schedule (EOPS) to the County Auditor-
Controller, the State Controller's Office and the State Department of Finance by August 28,
2011.
Enforceable obligations refer to actual obligations pre-existing the bills' passage. These
include existing bonds, existing loans, payments required by the federal government, and any
other "legally binding and enforceable agreement or contract that is not otherwise void as
violating the debt limit or public policy." Enforceable obligations also include contracts for
the continued administration of the agency and any required payments for judgments or
settlements. The attached schedules list the RDA obligations by project area.
The California Supreme Court has recently issued a "stay" to prevent the implementation of AB
1 X 27 and portions of AB 1 X 26 from going into effect until the case is decided. While this is
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ADMINISTRATIVE REPORT
generally good news, this action has created some additional confusion regarding what
actions the Agency should or should not take in the interim. Our legal advisors have
recommended we proceed with the approval of the Enforceable Obligations Schedule as a
cautionary measure to ensure compliance with those sections of AB 1X 26 that were not
"stayed" by the Court.
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