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
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ADMINISTRATIVE REPORT
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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,
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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.
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ADMINISTRATIVE REPORT
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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.
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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
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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.
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ADMINISTRATIVE REPORT
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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,
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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
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• 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.
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