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HomeMy WebLinkAbout01/03/12 RDA AGENDA PACKETBAKERSFIELD REDEVELOPMENT AGENCY AGENDA REGULAR MEETING OF JANUARY 3, 2012 ` 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 14, 2011 regular meeting, b. Approval of department payments from November 4, 2011 to December 16, 2011 In the amount of $720,618.68. C. Financial Audit Reports for the Bakersfield Redevelopment Agency for the fiscal year ended June 30, 2011. (Receive and file) 1. Component Unit Financial Report (CUFR) 2. Management Letter Staff recommends approval of Consent Calendar Items 3.a. through 3.c. 4. PUBLIC HEARINGS 5. REPORTS a. Update status of Baker Street Mixed Use Project, b. Update status of Mill Creek Area Projects. C. Update Status of Prop 1 C 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 2012. Staff recommends adoption of the resolution, b. Election of Bakersfield Redevelopment Agency Chairperson and Vice- Chairperson for Calendar Year 2012. Staff recommends conducting election In accordance with Bakersfield Redevelopment Agency By-laws. 7. NEW BUSINESS (cont'd) C. Resolution regarding forgiveness of loans to public bodies as required by AB936. Staff recommends approval of the Resolution. d. Assignment and Assumption of Disposition and Development Agreement No. RA09-001 (Creekvlew Villas). Staff recommends approval of agreement. 8. AGENCY STATEMENTS 9. CLOSED SESSIONS 10. WORKSHOPS 11. ADJOURNMENT Res c ully submitted, Alan Tond Executlve Director MEETING DATE: January 3, 2012 AGENDA SECTION: Consent Calendar ITEM: 3.a. TO: FROM: DATE: SUBJECT: Bakersfield Redevelopment Agency Roberta Gafford, Secretary December 27, 2011 Minutes of the November 14, 2011 regular meeting. APPROVED DEPARTMENT HEAD'S U t) GENERAL COUNSEL EXECUTIVE DIRECTOR RECOMMENDATION: Staff recommends approval of the minutes. BACKGROUND: MEETING DATE: January3, 2012 AGENDA SECTION: Consent Calendar ITEM: 3.b. TO: FROM: DATE: SUBJECT: Bakersfield RDA Nelson K. Smith, Finance Officer December 16, 2011 Approval of department payments from November 4, 2011 to December 16, 011 in the amount of $720,618.68. DEPARTMENT HEAD GENERAL COUNSEL V EXECUTIVE DIRECTOR RECOMMENDATION: Staff recommends approval of payments totaling $720,618.68 BACKGROUND: Individual payments exceeding $3,500 In the above total are listed below. Creekview Villas, LLC 242,162.39 Draw request era rmnt #RA09-001 HPS Mechanical Inc. 27,400.40 Boller replacement at Rabobank Arena era rmnt #RA11-004 Porter i Associates 3,838.26 Engineering work for 19m Street Senior Plaza era rmnt #BRDAi i -006 Wallace i Smith Contractors 400,151.24 MITI Creek streets utilities 6 infrastructure work era rmnt #RA 10-011 Creekview Villas, LLC 17,199.00 Draw request era rmnt #RA09-001 Gold Coast Electric 16,176.77 Retention payment era rmnt #RA11-005 Rios Design Studio LLC 5,893.71 Design work completed era rmnt #BRDA 10-011 iL BRDA 10-016 Alshire 3 W nder LLP 3,794.28 Professional services era rmnt #RA11-007 SAKim GWDMiN-BRDA\ADMIN-BRDA-AP-2012WDMiN-BRDA-AP-01-03-12.doc MEETING DATE: January 3, 2012 AGENDA SECTION: Consent Calendar ITEM: 3, TO: Bakersfield Redevelopment Agency FROM: Nelson K. Smith, Finance Officer DEPARTMENT HEAD, DATE: December 22, 2011 GENERAL COUNSEL, EXECUTIVE DIRECTO SUBJECT: Financial Audit Reports for the Bakersfield Redevelopment Agency for the June 30, 2011. 1. Component Unit Financial Report (CUFR). 2. Management Letter. APPROVED ended 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, 2011. The CUFR represents the Agency's financial statements as of June 30, 2011 which are audited by the accounting firm of Brown Armstrong. The current year audit opinion issued by the auditors indicates the Agency complied, in all material respects, with accounting principles generally accepted in the United States of America. 2. Attached is the Management Letter from the accounting firm of Brown Armstrong, which would address any audit findings or recommendations for improvements with internal control procedures. There are no audit findings reported and there are no corrective actions recommended by the auditors regarding the accounting and reporting of the Redevelopment Agency. December 22, 2011, 8:52AM SAdminlAdmin Reports\2011 RDA CUFR.doc of voy ADMINISTRATIVE REPORT Y 1L. MEETING DATE: January 3, 2012 AGENDA SECTION: Reports ITEM: 5.a. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEA DATE: December 15, 2011 GENERAL COUNSEL f - 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 111411.Docx 12/15/2011 1:34 PM Cg F 8~+ s ADMINISTRATIVE REPORT C WWmr t 10 MEETING DATE: January 3, 2012 AGENDA SECTION: Reports ITEM: 5. b. TO: Bakersfield Redevelopment Agency FROM: Donna L. Kunz, Deputy Executive Director DEPARTMI DATE: December 15, 2011 GENERAL EXECUTIVE SUBJECT: Update status of Mill Creek Area Projects RECOMMENDATION: No action required, BACKGROUND: Staff will provide an update on Millcreek Area Projects. S:\Admins\RDA\RDA Admins 2011\Millcreek Update 010312.Docx December 15, 2011, 1:37PM cg ^ A q, ADMINISTRATIVE REPORT 1 MEETING DATE: January 3, 2012 AGENDA SECTION: Reports ITEM: 5.c. TO: Bakersfield Redevelopment Agency FROM: Donna L. Kunz, Deputy Executive Director DATE: December 20, 2011 SUBJECT: Update status of PropI C projects DEPARTMENT HEAD GENERAL COUNSEL EXECUTIVE APPROVED RECOMMENDATION: No action required. BACKGROUND: Staff will provide a presentation on Prop1 C projects. S:\Admins\RDA\RDA Admins 2011\Prop1C Projects Update 010312.Docx December 20, 2011, 10:49AM cg y+ ADMINISTRATIVE REPORT MEETING DATE: January 3, 2012 AGENDA SECTION: New Business ITEM: 7.a. TO: Bakersfield Redevelopment Agency Members FROM: Roberta Gafford, City Clerk DEPARTMENT HEAD DATE: December 27, 2011 GENERAL COUNSEL- EXECUTIVE DIRECTOR- SUBJECT: Resolution establishing the dates of meetings for the Bakersfield R Agency for the months of January through December 2012. APPROVED It .4-T' lopment RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This Resolution sets the regular Bakersfield Redevelopment Agency meeting dates for the 2012 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, 2012, in accordance with Redevelopment Agency By-laws. Ir December 15, 2011, 2:53PM SABRDMADMINS2012\2012 calendar admin.dot F A ADMINISTRATIVE REPORT MEETING DATE: January 3, 2012 AGENDA SECTION: New Business ITEM: 7. b. TO: Bakersfield Redevelopment Agency FROM: Roberta Gafford, City Clerk DEPARTMENT HEAL DATE: December 27, 2011 GENERAL COUNSEI EXECUTIVE DIRECTOR SUBJECT: Election of Bakersfield Redevelopment Agency Chairperson and Vic for Calendar Year 2012. APPROVED 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. SABRWADMINS\2011 selection of chair & vice chair 2011.doc jo B+,l ADMINISTRATIVE REPORT Pit MEETING DATE: January 3, 2012 AGENDA SECTION: New Business ITEM: 7.c. TO: Bakersfield Redevelopment Agency APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD DATE: December 16, 2011 GENERAL COUNSEL V EXECUTIVE DIRECTOR SUBJECT: Resolution Regarding Forgiveness of Loans to Public Bodies as Required by A q936. RECOMMENDATION: Staff recommends approval of the Resolution, BACKGROUND: Health & Safety Code Section 33354,8 requires the adoption of a Resolution by the Bakersfield Redevelopment Agency (Agency) that states whether or not the repayment either partially or in total of a loan, advance, or indebtedness owed by a public body to the Agency or by the Agency to a public body has been forgiven during January 1, 2010 through December 31, 2011. The Agency during this time period had no debts, loans, or advances to a public agency or from a public agency wholly or partially forgiven. The adoption of the Resolution will satisfy the requirement of AB936 and Health & Safety Code Section 33354.8. A certified copy of the certified Resolution will be forwarded to the City Council and the Office of the State Controller as required by law, S:\Admins\RDA\RDA Admins 2011 \A8936 Resolution Approvol,Docx December 16, 2011, 10:44AM DS 1 f' OF ycoaroeKt~~f 5' V ` v ADMINISTRATIVE REPORT MEETING DATE: January 3, 2012 AGENDA SECTION: New Business ITEM: 7. d. TO: FROM: DATE: SUBJECT: Bakersfield Redevelopment Agency Donna L. Kunz, Deputy Executive Director December 15, 2011 APPROVED DEPARTMENT HEAD GENERAL COUNSEL EXECUTIVE DIRECTOR Assignment and Assumption of Disposition and Development Agreement No, RA09- 001 (Creekview Villas). RECOMMENDATION: Staff recommends approval. BACKGROUND: On February 2, 2009, the Bakersfield Redevelopment Agency entered into Disposition and Development Agreement RA09-001 with Creekview Villas, LLC ("Assignor") to construct 36 units of for-sale affordable residential townhomes known as Creekview Villas. The project is located east of the Mill Creek Linear Park west of "S" Street between 13th and 14th streets. The project is located in the Southeast Bakersfield Redevelopment Project Area. The following is a chronology of changes to the project primarily due to developer challenges with obtaining bank financing: • On October 12, 2009 the Agency entered into Amendment No. 1 to Agreement No. RA09- 001 to provide $205,000 in funding for engineering and survey services necessary for street design and streetscape improvements consistent with the existing Mill Creek architectural theme. On April 20, 2010, in recognition of the difficulties in securing bank construction loans due to unfavorable market conditions, the Agency entered into Amendment No. 2 to Agreement RA09-001. The amendment allowed the developer to borrow $1,500,000 from its Courtyard project adjacent to Creekview Villas. These funds would allow for the completion of Phase 1 of the project which consisted of 14 units. Upon sale of the 14 units the $1,500,000 would be paid back to the Agency and returned to the Courtyard project. On August 18, 2010 the Agency entered into 001 to require the maintenance of all street formation of a maintenance district, Amendment No, 3 to Agreement No. RA09- and landscape improvements through the S:\Admins\RDA\RDA Admins 2011\Creekview Assignment Agreement.Docx 12/15/2011 9:57 AM dls ADMINISTRATIVE REPORT Page 2 • On February 25, 2011, the Agency entered into Amendment No, 4 to Agreement No, RA09-001 to provide downpayment assistance for the project, The downpayment assistance would assist in ensuring the affordability of the units, Summary and Recommendation The purpose of this agreement is to assign the original agreement and all subsequent amendments from Creekview Villas, LLC (Assignor) to The Meo Group (Assignee), who would assume all obligations under this Assignment and Assumption of Disposition and Development Agreement, The original Agreement and Amendments were structured with both parties, Mike Keele, Creekview Villas and Bryon Meo, The Meo Group. Because Mr, Keele has encountered numerous obstcles in completing the project, he is willing to sign over all development rights to Mr. Meo to complete the project. This action is allowed under the original agreement with Agency approval and staff is satisfied that Mr. Meo will be able to complete the construction of the remaining 22 units. The existing Disposition and Development Agreement provides for assignment between the parties of all rights and obligations. This Assignment confirms Assignor's transfer of rights and obligations under the original Agreement, four amendments, the Agency Note, Deed of Trust, and Regulatory Agreement (collectively, "Assigned Documents"), to the Assignee. This Assignment contains no intent of making any additions or modifications to the terms of the assigned documents other than the transfer of rights therein to Assignee. All rights and obligations of Assignor, including any rights to payment under any of the assigned documents, would be assigned to Assignee. S:\Admins\RDA\RDA Admins 2011\Creekview Assignment Agreement.docx 12/15/2011 9:57 AM (DB)