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).
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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
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