HomeMy WebLinkAbout09/02/15 CC AGENDA HIGHLIGHTSAGENDA HIGHLIGHTS
� SEPTEMBER 2, 2015 COUNCIL MEETING
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IFO SPECIAL MEETING - 4:00 p.m.
NOTE: A separate special meeting will be called to order at 4:00 p.m., followed by Public Statements
that will encourage comments pertaining to Closed Session matters only. The Council will then recess
into Closed Session. Upon conclusion of the Closed Session, any Closed Session action will be
announced prior to adjournment of the meeting. At 5:15 p.m., the Regular Meeting will be called to
order to address the remainder of the agenda items.
CLOSED SESSION
There will be a conference with legal counsel regarding one matter of potential litigation.
REGULAR MEETING - 5:15 p.m.
CONSENT CALENDAR
Resolutions
Item 8h. Resolution vacating a previously approved resolution which certified the final environmental
impact report and approved the 24th Street Widening Project. In February 2014, the City Council
approved the 24th Street Widening Project, selecting the widen -to- the -north alternative, and
certified the Final Environmental Impact Report for the project. A community group later challenged
the Final EIR and the validity of the project's approval in Court. After evaluating documents and legal
arguments, the court decided that the Final EIR failed to sufficiently explain why eight alternatives
initially considered for the project were eliminated from further evaluation as project alternatives and
include the cul -de -sacs that were added on the south side of 24th Street, after the Draft EIR was
circulated, in the EIR's project description. The proposed resolution before the Council will vacate the
Final EIR as required by the court. Staff, with the assistance of the City's retained consultant, will be
working aggressively to address the deficiencies outlined by the court and will bring the project back
before the Council once the additional work is complete.
Item 8i. Resolution vacating a previously approved resolution which certified the final environmental
impact report and approved the Kern River Flow and Municipal Water Program. The Kern River Flow
and Municipal Water Program is a multi- objective flow management and water supply program.
Utilizing two sources of Kern River water, the primary objective is to allow substantial quantities of
water to flow in the Kern River channel to protect, increase and enhance the City's water supply. The
City Council approved the project and certified the Final Environmental Impact Report in September
2012. Subsequently, a lawsuit was filed and in July 2015, the court issued a judgment requiring the City
to set aside its certification of the Final EIR. To comply with the court's ruling, staff is recommending
the Council adopt a resolution to vacate the previously approved resolution which approved the
project and certified the Final EIR.
Successor Agency Business
Item 8ad. Settlement Agreement between the Successor Agency and the Kern Community College
District re__ aq rding AB 1290 Pass - Through Underpayments of the former Bakersfield Redevelopment
Agency. Prior to the statewide dissolution of redevelopment agencies, state law required pass -
through payments be made on behalf of the Bakersfield Redevelopment Agency to various school
districts and taxing entities within the redevelopment areas. The payments were calculated and
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facilitated by the Kern County Auditor - Controller- County Clerk. In 2013, the California Court of
Appeals ruled on a case in southern California determining pass- through payments had been
calculated in such a manner that school districts had been underpaid. Based on the court ruling,
other counties, including Kern, began to recalculate the underpayments due to school districts. The
Kern Community College District has reviewed and agreed to the calculations prepared by the
County, which amount to $74,020.66. Staff is recommending approval of a settlement agreement
and mutual release with the Kern Community College District to resolve the pass- through
underpayments from the former Bakersfield Redevelopment Agency. The payment will not impact
the City's general fund and will be added to the next Recognized Obligations Payment Schedule.
HEARINGS
Item 10a. Housing and Urban Development (HUD) Action Plan Amendments. The City receives
annual entitlements from the federal government which are used for specific projects, programs and
services. As part of the process, the City develops an annual Action Plan which identifying eligible
projects and activities for a given fiscal year. When a program or activities changes or a new item is
added, the City must amend its Action Plan accordingly. Staff is proposing five amendments to
Action Plans from various fiscal years. Two of the proposed amendments recommend using savings
from previously completed HUD projects for needed capital improvements at Fire Station No. 1 and
Dr. Martin Luther King Jr. Park and Community Center. Additionally, two of the proposed
amendments are related to expanding down payment assistance programs for various housing
projects and eligible neighborhoods. Finally, staff is proposing to appropriate additional HUD funds to
the Community Development Department operating budget to account for difference between
projected and actual amounts received by the City for the current fiscal year.
NEW BUSINESS
Item 13a. League of California Cities Annual Conference - Voting Delegate(s) and City Position on
Conference Resolutions. Each year the League of California Cities hosts an annual conference
during which proposed League resolutions will be considered. League resolutions generally consider
taking action on issues impacting municipalities across the state. Currently, there are four proposed
resolutions that will be considered during the annual conference. Staff is recommending the City
support two of the resolutions and takes a neutral position on the remaining two. In addition, the
League requires the Council to appoint one of its members as the City's voting delegate and up to
two alternate voting delegates. Staff is requesting the Council appoint a voting delegate and
alternate delegate(s) and adopt staff recommended positions on the League proposed resolutions.
Approved: Alan Tandy, City Manager AT
cc: Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - September 2, 2015 Council Meeting
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