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HomeMy WebLinkAbout01/16/89 MINUTES RABakersfield, California, January 16, 1989 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 16, 1989. The meeting was called to order by Chairperson Dunn. City Clerk Williams called the roll as follows: Present: Agency Members Dunn, Killmer, Kronenberg, Rubin, Watson, Araujo, Paynter (seated at 3:05 p.m.) Absent: None MINUTES Upon a motion by Agency Member Kronenberg, Minutes of the Regular Meeting of December 19, 1988 and Regular Meeting of January 3, 1989, were approved. PUBLIC STATEMENTS Mr. Bruce Keith, 1820 Brundage Lane, Suite C, spoke on behalf of the Downtown Business Association regarding the 19th & Chester Streetscaping Project. He stated they are very pleased with what is being prepared and look forward to seeing this pro- ject implemented. They would like to see an overall streetscaping plan for downtown. BILLS AND CORRESPONDENCE Upon a motion by Agency Member Watson, Warrant Nos. 154 to 155 inclusive, in the amount of $175,207.23 was approved by the following vote: Ayes: Noes: Abstain: Absent: Agency Members Araujo, Dunn, Killmer, Paynter, Rubin, Watson None None None Kronenberg, Upon a motion by Agency Member Kronenberg, Communication received from Mr. Steve Ruggenberg, Golden Empire Transit District, dated January 9, 1989, regarding nominations to the Citizens Advisory Committee; and communication received from Mr. Thomas A. Arciniega, California State University Bakersfield, dated January 9, 1989, regarding nominations to the Citizens Advisory Committee, were received and placed on file. Bakersfield, California, January 16, 1989 Page 2 REPORTS Status report on Community First Plaza. Mr. Greg Bynum provided a status report on the Community First Plaza. He outlined schematic drawings of the project and answered questions. Mr. David Milazzo, Project Architect, explained the architectural design of the project and answered questions. Economic Development Director Wager stated that the Development Committee would be meeting on January 19, 1989 and Mr. Bynum or a representative would be at that meeting. Center for the Arts Citizens Advisory Committee. Agency Member Rubin presented an oral report regarding the Center for the Arts Citizens Advisory Committee. He stated that the CDDA is currently engaged in determining the feasibility of a Center for the Arts that will be reflected upon in Kern County as a whole. The purpose is to raise the artistic cultural and intellectual life of the community and to raise community pride. In addition, a Center for the Arts would be a very significant magnet to help the decision makers in industry to decide to locate here. Several meetings have been held with an Ad Hoc Committee consisting of representation from the various arts organizations within the community. The committee decided not to identify a location for the center at this time. It was also felt that they should seek out a county-wide effort. Agency Member Rubin further stated that the National Foundation for the Arts has matching funds available for the organizations, such as this, who can develop a project that would be blended with both private and public agency monies. The Ad Hoc Committee feels that they should seek out a feasibility study that would involve the support of the City; Board of Supervisors; school districts; and municipalities in the outlying areas. Agency Member Rubin outlined the feasibility study. He stated that a letter and questionnaire will be going out to the various arts and cultural organizations in the community soliciting their feeling about such a center for the arts. The questionnaire will also determine to what extent they currently use existing facilities. Additional meetings will be planned and he felt they are looking at a long term project. Bakersfield, California, January 16, 1989 - Page 3 233 Oral report by City Attorney regarding legal expenses. Assistant City Attorney Daniel stated there are some unanticipated legal expenses being incurred by the Agency. He feels there is currently no danger of excess expenditures and there is enough money to take care of the unanticipated expenses. The three areas of unanticipated legal expenses at this time are the Clarion Hotel; the Rudnick case; and, the Moreland settlement accusations. At this time, the Attorney's Office feels this will not cause the Agency to run over their budget. Agency Member Killmer requested that a "Closed Session" be placed on the next Agency agenda to address the Moreland issue and any other issues that might be pertinent that involve possi- bility of litigation or legal action involving the Agency. NEW BUSINESS Notice of Completion and Acceptance of Work for the following project: Asbestos Abatement - Bakersfield Civic Auditorium, City of Bakersfield Contract No. 88-7, was completed on January 6, 1989. Upon a motion by Agency Member Watson, the City Clerk was authorized to record the Notice of Completion and release appropriate securities. Approval of plans and specifications for the construction of streetscape improvements and intersection reconstruction at Chester Avenue and 19th Street. Upon a motion by Agency Member Paynter, the plans and specifications were approved. Approval of Agreement No. RA89-1, Inter-agency Loan Agreement with City of Bakersfield for cash flow requirement purposes as in 1988-89 Budget. Agency Member Araujo made a motion to approve Agreement No. RA89-1. Agency Member Kronenberg stated that on Page 2 of the Agreement under "Acceleration on Default" it reads, "or the issuance of any attachment or execution against any asset of Agency would be a cause for default" and he felt that "any" was rather broad. He asked if that meant any other than what the Agency has already pledged as collateral? Chairperson Dunn asked for the vote. 234 Bakersfield, California, January 16, 1989 - Page 4 Upon a motion by Agency Member Araujo, Agreement No. RA89-1 was approved by the following vote: Ayes: Agency Members Araujo, Dunn, Killmer, Noes: None Abstain: Agency Members Kronenberg, Watson Absent: None Paynter, Rubin Agency Member Kronenberg abstained from voting because he had not received an answer to his question from staff. Agency Member Watson abstained from voting because he wanted to hear the comments by staff on the question asked by Agency Member Kronenberg. Measure "A" proposal for a one-half percent sales tax to fund County-wide transportation projects. Mr. Ron Brummet was recognized to speak before the Agency. Mr. Ron Brummet, Assistant Director for Kern Council of Governments, provided a brief overview of Measure "A," and answered the Agency's questions. Upon a motion by Chairperson Dunn, Measure "A" was referred to the Development Committee. AGENCY STATEMENTS Agency Member Killmer stated that Agency members attended a meeting regarding the Brown Act. A recommendation was made during that meeting that "Closed Session" be part of the Agenda. Agency Member Killmer suggested that "Closed Session" be added to future Agency agendas. Agency Member Paynter stated that at the Brown Act meet- ing, it was discussed that the first item on the agenda should be the "Approval of the Agenda." Assistant City Attorney Daniel stated that the Attorney's Office has concluded that placing "Approval of Agenda" and "Closed Session" on the agenda is not a requirement of the Brown Act and he does not recommend implementation at this time. He stated that neither of these practices are illegal. He felt there is an issue as to whether or not they are preferred prac- tices. Chairperson Dunn requested that discussion on whether or not the Agency wants to approve the agenda prior to each meeting be placed on the agenda. Staff was directed to provide the tape recording of the meeting held regarding the "Brown Act" to Assistant City Attorney Daniel for review. Bakersfield, California, January 16, 1989 - Page 5 235 Staff was directed to prepare a report regarding placing "Closed Session" as a regular item on the agenda; how it would be affected or affect the Brown Act; and, a list of the pro and cons of instituting such a factor in the Agency agenda. Staff was directed to review the issue of "Agenda Approval" and if the reason for Closed Session needed to be stated prior to approving the agenda. Agency Member Kronenberg asked staff if January 17, 1989, was still the date that Barry Construction would start disassembling the construction equipment at the Clarion Hotel site, if financing was not in place? Fire Chief Needham stated that January 17, 1989, was correct, and Barry Construction was going to start preparing to remove all equipment. No evidence of financing has taken place. Fire Chief Needham also stated that AIRCOA will be plac- ing new fencing around the site and the Police Department will be upgrading their patrolling. Chairperson Dunn stated that a new position "Agency Liaison Person" has been created. The function of the Agency Liaison Person will be to coordinate directly with the Economic Development Director. The new position will be filled by Agency Member Killmer. The Liaison Person's responsibilities will be to report to the Agency on the accomplishments and implementation schedules of the various issues that emanate from the Agency to the Staff. Chairperson Dunn stated the committees and committee members for 1989-90 are as follows: Housing and Relocation Committee. Mel Rubin, Chairperson Victoria Araujo Diane Dunn Development Committee Robert Watson, Chairperson Wayne Killmer Diane Dunn Design Review Committee Paul Kronenberg, Chairperson Victoria Araujo William Paynter 236 Bakersfield, California, January 16, 1989 Page 6 ADJOURNMENT No further business to come before the Agency, the meet- ing was adjourned at 4:45 p.m. CHAIRPERSON of the Central District Development Agency of the City of Bakersfield ATTEST: SECRETARY of the Central District Development Agency of the City of Bakersfield bz