Loading...
HomeMy WebLinkAbout01/07/91 MINUTES RA149 Bakersfield, California, January 7, 1991 Minutes of the Regular Meeting of the Central District Development Agency of the City of Bakersfield, California, held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 3:00 p.m., January 7, 1991. The meeting was called to order by Chairperson Paynter. City Clerk Williams called the roll as follows: Present: Absent: Agency Members Paynter, Ruddell, Rubin, Sceales None Dunn, Araujo, Upon a motion by Agency Member Araujo, the following item arose after the Agenda was prepared and upon which action is necessary and, therefore, added to the Agenda under New Business on Page 7: Election of Central District Development Agency Chairperson and Vice-Chairperson for Calendar Year 1991. PUBLIC STATEMENTS Mr. Robert M. Ashbeck with the State of California Community Access Network, 4283 Country Club Drive, spoke regarding the completion of the City Center building and expressed his concerns relative to the parking garage, advising that it was not constructed properly and does not comply with the California Health and Safety Code for handicap accessibility. Mr. Ashbeck requested that he be placed on a mailing list for any future correspondence relating to the parking garage facility, so he may monitor any corrective action. Agency Member Ruddell made a motion that Item c., Communication from M.D. Atkinson Co., Inc., 5500 Ming Avenue, Suite 228, dated December 21, 1990, requesting a Certificate of Completion for the City Center Project, be removed from the Consent Calendar and considered separately and that Items a. through e., except c. be adopted. Calendar: The CONSENT CALENDAR following items were listed on the Consent Approval of Warrant Nos. 178 to 188, inclusive, in the amount of $26,946.63. Minutes of the Regular Meeting of December 3, 1990, for approval. REMOVED FOR SEPARATE CONSIDERATION. Design Review Application No. 91-1 submitted by Manuel Hector Medina for a sign 10 feet by 12 feet to be located at 1420 19th Street, #D. Design Review Application No. 91-2 submitted by Avri Ent. for sign to be located at 1918 Chester Avenue (Pavilion). 150 Bakersfield, California, January 7, 1991 - Page 2 Upon a motion by Agency Member Araujo, Items a, b, d, and e were adopted, and Item c. was removed for separate consideration immediately following the Consent Calendar, by the following roll call vote: Ayes: Agency Members Araujo, Dunn, Paynter, Rubin, Ruddell, $ceales Noes: None Abstain: None Absent: None Communication from M. D. Atkinson Co., Inc., 5500 Ming Avenue, Suite 228, dated December 21, 1990, requesting a Certificate of Completion for the City Center Project. (RECEIVE AND PLACE ON FILE) Upon a motion by Agency Member Rubin, the communication from M. D. Atkinson Co., Inc., 5500 Ming Avenue, Suite 228, dated December 21, 1990, requesting a Certificate of Completion for the City Center Project, was received and placed on file. REPORTS Economic Development Director Wager read Design Review Committee Report No. 91-1 regarding proposal for art work for the City Center Project by the Bakersfield Museum of Art, as follows: On December 21, 1990, the Design Review Committee reviewed the proposal for a competition for a piece of artwork to be installed at City Center. The original City Center Plans approved by the Agency contained a water element located between the office building and the parking structure to the north. In 1989, the developer (City Center Partners/ MDC) approached the Design Review Committee to request relief from this requirement and substitute it with increased landscaping. This Committee, instead, proposed to the developer the idea of a public art competition. The Bakersfield Museum of Art and the building's present owner have approved a proposal for such a competition. In brief, the proposal calls for the Museum to organize and administer the public art competition. Their duties include advertising the competition throughout the state, preparing application packages, working with Agency staff to arrange press coverage, curating an exhibit of the finalist drawings and models for public display, and coordinating the unveiling ceremony. The owner will participate in developing the general guidelines, attend public meetings, and make the final choice of work. 151 Bakersfield, California, January 7, 1991 - Page 3 The owner will be required to deposit a sum of $55,783 to cover the cost of art (not to exceed $45,000) plus administrative costs of the Museum (estimated to be $10,783). This money will be deposited in a trust account in the Finance Department and will be used to pay for all withdrawals to the artist and the Museum. Having this money on deposit signals the owner's commitment to the proposal and their willingness to see the art piece completed. This Committee recommends that the Agency relieve the owner of City Center of the requirement of a water element and, instead, proceed with the competition for a piece of art as agreed to by the Bakersfield Museum of Art and the owner of City Center, with the following condition: When the Certificate of Completion is issued by the Agency, a clause be inserted in the Certificate stating that should present or future owners of City Center ever move or sell the art piece, or cause it to be moved or sold, the art piece will be relocated to a site where it can continue to be accessed and viewed by the public. A copy of the proposal is attached to this report. Upon a motion by Agency Member Rubin, Design Review Committee Report No. 91-1 was accepted with the change in the "Proposal for City Center Project, Bakersfield, California, by the Bakersfield Museum of Art" under "General guidelines for agencies involved and their roles and responsibilities: The Bakersfield Central District Development Agency", paragraph 1, line four, "popular local businessman" shall read "popular local businessperson". Upon a motion by Agency Member Rubin, the recommendations of Design Review Committee Report No. were implemented. 91-1 Economic Development Director Wager read Development Committee Report No. 91-1 regarding approval and recording of Assignments and recording of Amended Participation Agreement, as follows: Pursuant to Section 107 of the Amended Participation Agreement, which requires written approval by the Agency upon assignment by the Participant of any or all of the Agreement, the following assignments are being brought before the Agency for approval. The approval and recording of assignments will formalize the transactions which have already occurred. 152 Bakersfield, California, January 7, 1991 - Page 4 Assignment #1: By and between Mosesian Development Corporation ("Assignor") and City Center Partners/MDC ("Assignee"), dated April 5, 1988. Assignment #2: By and between City Center Partners/MDC ("Assignor") and ABK, Inc. ("Assignee"), dated April 14, 1990. Assignment #3: By and between ABK, Inc. ("Assignor") and Banducci-Walker Enterprises ("Assignee"), dated April 14, 1990. (Assignments #2 and #3 only apply to the 1700 "K" Street building.) It is recommended that the Agency approve the above Assignments and request the City Clerk's Office have the Assignments recorded in the above order. The Amended Participation Agreement (RA88-2) should be recorded prior to the above Assignments. Upon a motion by Agency Member Dunn, the following Assignments were approved and authorized for recording, and the Amended Participation Agreement was authorized for recording: Approval and authorization for recording of Agreement No. RA91-1, Assignment %1 by and between Mosesian Development Corporation ("Assignor") and City Center Partners/MDC ("Assignee"), dated April 5, 1988; Approval and authorization for recording of Agreement No. RA91-2, Assignment %2 by and between City Center Partners/MDC ("Assignor") and ABK, Inc. ("Assignee"), dated April 14, 1990; Approval and authorization for recording of Agreement No. RA91-3, Assignment %3 by and between ABK, Inc. ("Assignor") and Banducci-Walker Enterprises ("Assignee"), dated April 14, 1990; and Authorization for recording of Agreement No. RA88-2, Amended Participation Agreement with Mosesian Development Corporation, dated February 1, 1988. Agency Member Dunn clarified her motion that each Assignment and/or Agreement is included in the motion to approve and authorize the above documents. Bakersfield, California, January 7, 1991 - Page 5 Economic Development Director Wager read Development Committee Report No. 91-2 regarding written request from M. D. Atkinson Company, Inc., for the issuance of a Certification of Completion for City Center, as follows: On December 27, 1990, the Development Committee met to review the written request from M. D. Atkinson Company, Inc., for the issuance of a Certificate of Completion for City Center. As required by Section 323 of the Amended Participation Agreement (RA88-2), "the Agency shall not unreasonably withhold any Certificate of Completion." If the Agency refuses or fails to furnish a Certificate after such a request, the Agency must provide a written statement of the reasons why such a Certificate was not furnished. The only item which the owner of City Center has not completed is the water element. It is this Committee's understanding that the Design Review Committee has reviewed a proposal to relieve the owner of this requirement and, instead, substitute a competition for a piece of art at City Center. Should the Design Review Committee have recommended such action to the Agency, and should the Agency have approved this recommendation, the Development Committee recommends that the Agency authorize the issuance and recording of a Certificate of Completion with the following conditions: That the owner of City Center deposit a sum no less than the amount proposed ($55,783) to the Design Review Committee into a trust account established in the City's Finance Department. That a clause be inserted into the Certificate of Completion stating that should present or future owners of City Center ever move or sell the art piece, or cause it to be moved or sold, the art piece will be relocated to a site where it can continue to be accessed and viewed by the public. Upon a motion by Agency Member Rubin, Development Committee Report No. 91-2 was deferred to the Special Meeting of January 9, 1991. 154 Bakersfield, California, January 7, 1991 - Page 6 staff NEW BUSINESS Establishment of Role and Responsibility of CDDA in regards to an Agreement between U. S. Bancorp and Bakersfield Museum of Art regarding the City Center Art Competition. Economic Development Director Wager gave an report, as follows: The Design Review Committee has presented a recommendation to the Agency to relieve the owner of City Center of an obligation to install a water element and, instead, conduct an art competition. Should the Agency have approved this report earlier in this meeting, the Agency should address its proposed roles and responsibilities as outlined in the proposal prepared by the Bakersfield Museum of Art for the owner of City Center. This role, as outlined in the proposal, is as follows: The Bakersfield Central District Development Agency will: Establish a committee of community advisors for the project whose purpose will be to develop, along with the City and the developer, some initial guidelines and to make the final selection of three for the developer to choose from, recommended as follows: a a well-known and popular local businessperson, an educator or public figure, a broadly respected artist (non-local), and a well-recognized and technically trained professional such as an engineer, a landscape designer plus City representative, developer and Museum Director. That the Agency will work with the Bakersfield Museum of Art to organize a public display of models and drawings of the final 6 to 10 selections to gauge public reaction and offer an opportunity to anticipate problem areas. To keep this project moving forward, staff recommends that this item be addressed at the next available Design Review Committee with the recommendations coming back to the full Agency not later than January 22, 1991. oral Bakersfield, California, January 7, 1991 - Page 7 Unon a motion by Agency Member Araujo, the establishment of role and responsibility of the CDDA in regards to an agreement between U. S. Bancorp and the Bakersfield Museum of Art regarding the City Center Art Competition was referred to the Design Review Committee. Agency Member Rubin made a motion that the Design Review Committee be requested to establish guidelines and policy in regard to public art in conjunction with efforts by the CDDA for the redevelopment of the central district area. After a lengthy discussion, Agency Member Rubin, at the request of Agency Member Dunn, restated his motion to suggest that the Design Review Committee evaluate the creation of an art dimension as part of the Agency's responsibilities and to establish the policies in conjunction with that dimension, the framework of it, and to come back to the Agency at a later date with a recommendation. Upon a motion by Agency Member Rubin, the matter of creating a policy to establish art as part of development projects downtown and to report back to the Agency at a later date with a recommendation was referred to the Design Review Committee. At the beginning of this meeting, upon a motion by Agency Member Araujo, the following item arose after the Agenda was prepared and upon which action is necessary and, therefore, added to the Agenda: Election of Central District Development Agency Chairperson and Vice-Chairperson for Calendar Year 1991. Chairperson Paynter opened the floor for nominations for Chairperson for the Calendar Year 1991. Agency Member Dunn nominated Agency Member Rubin as Chairperson for the Calendar Year 1991. Upon a motion by Agency Member Araujo, the nominations were closed, and Agency Member Rubin was unanimously elected to the position of Chairperson of the Central District Development Agency for the Calendar Year 1991. Chairperson Paynter opened the floor for nominations for Vice-Chairperson for the Calendar Year 1991. Agency Member Sceales nominated Agency Member Dunn as Vice-Chairperson for the Calendar Year 1991. Agency Member Dunn respectfully declined the nomination due to heavy business commitments during this next year. Agency Member Rubin nominated Agency Member Ruddell as Vice-Chairperson for the Calendar Year 1991. Chairperson Paynter closed the nominations, and Agency Member Ruddell was unanimously elected to the position of Vice-Chairperson of the Central District Development Agency for the Calendar Year 1991. 156 Bakersfield, California, January 7, 1991 - Page 8 Chairperson Paynter thanked the Agency Members and staff for their support during 1990, especially Economic Development Director Wager for his efforts, and outlined the specific accomplishments over the past year, as follows: The Design Guidelines for the Redevelopment Area was published, and many good comments were received regarding it. The Central City Master Street Tree Plan in its final review by the Design Review Committee and will be presented to the Agency very shortly. is The high point of the year was December 3, 1990, when the exclusive negotiation agreement for the Convention Center Hotel was signed. with respect to housing in the downtown area, an owner/participation agreement on the Tegeler Hotel project is anticipated in the near future. Outgoing Chairperson Paynter congratulated newly-elected Chairperson Rubin and handed over the gavel. Chairperson Rubin chaired the remainder of the meeting. Chairperson Rubin thanked Agency Member Paynter and stated he would be calling upon him to share his wisdom that has been accumulated as Chairperson, as well as others who have served in that capacity, Agency Members and staff. Chairperson Rubin further stated he hopes to help achieve the responsibilities of the Agency and move the City forward. AGENCY STATEMENTS City Manager Hawley reminded the Agency Members about the Joint Agency/City Council Workshop scheduled for 5:15 p.m., Wednesday, January 9, 1991. He stated staff will be making a short presentation regarding the work plan for 1991 and some of the accomplishments. The Workshop would then be opened for some dialogue between the Council and the Agency Members. City Manager Hawley further stated some of the Councilmembers have indicated an interest in knowing the Agency Members' philosophy and ideas regarding redevelopment in the downtown area. City Manager Hawley advised that after the Workshop, the Council will be adjourning to go into Closed Session upstairs, and the Agency Members could continue their meeting to discuss the item continued earlier concerning Development Committee Report No. 91-2 regarding written request from M. D. Atkinson Company, Inc., for the issuance of a Certificate of Completion for City Center. Chairperson Rubin urged the Agency Members to consider some of the projects and concepts they wish to share with the Council at the upcoming meeting. Bakersfield, California, January 7, 1991 Page 9 Agency Member Dunn thanked Agency Member Paynter for the year he spent in a very difficult position as Chairperson and the savoir faire with which he carried out his duties, and she looks forward to working with Chairperson Rubin, specifically with regard to the Hotel project. Chairperson Rubin stated that it should be noted Agency Member Paynter, along with Economic Development Director Wager, has been the driving force behind the recommendations regarding treescaping for the downtown area. Economic Development Director Wager gave a brief update regarding the Tegeler Hotel, advising that nego- tiations with the developer of the Owner/Participation Agreement are in the final stages, and it is anticipated this document will be before the Agency for action on January 22, 1991, and before the City Council for action on January 30, 1991. He further stated he participated in the State of California Housing and Community Development Department's Loan Committee in Sacramento regarding this project, and $1.8 Million has been awarded subject to the Agency's and City Council's approval of the assistance that's been requested. Economic Development Director Wager spoke regarding the Convention Center Hotel and stated the entity which will be known as Convention Center Hotel, Incorporated, has recently completed two in-house studies. The first study is a pro forma performance by the Hotel over the 10 years past opening and then also an in-house estimate of costs to complete. Convention Center Hotel, Incorporated, has requested a meeting to enter into "meaningful dialogue" relating to the figures they have developed, which meeting may take place as early as next week. At the request of Agency Member Paynter, the Chair recognized Mr. Robert Ashbeck again, who responded to further questions regarding the parking garage at the City Center Building. Chairperson Rubin requested that Mr. Ashbeck furnish to staff and the Agency an estimate as to what the potential annual dollar volume would be in the event that the various organizations whose members are primarily physically disabled were to hold their conventions at the Convention Center Hotel. ADJOURNMENT There being no further business to come before the Agency, Chairperson Rubin adjourned the meeting at 4:35 p.m. CHAIRPERSON of the Central District Development Agency of the City of Bakersfield ATTEST: SECRETARY of tSe ~entral District Development Agency of the City of Bakersfield ndw