The URL can be used to link to this page

Home My WebLink About04/17/1990 B A K E R S F I E L D Conni Brunni, Chair Lynn Edwards Mark Salvaggio Staff: Charles Graviss CONVENTION CENTER AND COMMUNITY SERVICES COMMITTEE Tuesday, April 17, 1990 5:15 p.m. City Manager's Conference Room AGENDA 1. Name Change for Cunningham Art Gallery 2. Proposed Emergency Ordinance relating to Validation Proceedings for Maintenance District Formation Proceedings O R [ A L A FI T O A L L l! '' ' BOARD MEMBERS:. Be~ .u~e Idarch 16, 1990 Para Conilogue V,~n~a Cumn~ngs MAR Connie Frasch LaniGianquinto Dale Hawley, City Manager Louise Hickman Marianne Klein 1501 Truxtun Ave, CITY MANAGerS OFFICE Carl Knutson Wayne Longcrier .e.yM.honey Bakersfield, Ca. 93301 David M il~:zo Meg Pr/or Ed Ree0 Cha,ta ,ob~n~on Dear Idr. Haw l ey, Norton Savage Terry Stanners Patnck Steele Trudy Thornton SteveVa,ent~oh The Bakersfield Art Foundation, as the governing body of the Janis Van Preal Jeanven LobenSels Cunningham Art'Gallery, is requesting to be placed on the City Betty Younger TheoZ~ninov,ch Council agenda regarding a name change for the museum. With Jud,hS,,y.~r~tor our plans for expansion of the Gallery and accreditation as a ADVISORS: museum moving towards realization we would like to name the · June Aaron John Banduc~ entire complex the Bakersfield Museum-of Art with the current Sandy Banducci ' Sheryl Barbich john ,ro~kSr. facility remaining the Cunningham Gallery of the Bakersfield Ann Brown Pstric~, Brown Museum of Art. This name change is being instituted to Pat Bums C.L. Clark distinguish the facility from commerical art galleries and to Meg Clay Charles Coleman enable visitors to readily indentify our purpose. Carolyne Edmonds Ginnie Eschner John Farter Christ~ Gavin JuIie Granger We would appreciate an opportuniy to present our request to the Ellen Greene Tom Heath City Council. Thank you for your consideration of this matter. Eloise Higgins Ed Hughes Tom Jadwin Carolyn Johnston s,.. ~ones S i ncere ly, Robert King Peter Lacques Laurie Maclin Sally Matychowiak Kay Meek Priscilla Mueller Dorothy Nobles Marco Perry Leo Pierucci Mar K. She, Margaret Pryor, President Gaytand Smith Pal Smith Ben Stinson Bakersfield Art Foundation Stephanie Stockton Bevedy Tomlin Dennis Triplitt Rev. Carolyn Tyler' CC:Trudy Thornton Joyce Umfress Ray Watson 1930 R Street, Bakersfield, CA 93301 * P.O. Box 1911, Bakersfield, CA 93303-1911 * 805-323-.7219 ~[I~i~Administered by the Bakersfield Art Foundation MEMO RAN D U M April 3, 1990 Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney SUBJECT: REFERRALS OF - ! / 1) A PROPOSED EMERGENCY ORDINANCE RELATING TO VALIDATION PROCEEDINGS FOR MAINTENANCE DISTRICT FORMATION PROCEEDINGS. 2) PROPOSED ORDINANCE RELATIVE TO POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Please refer the following proposed ordinances to whichever committee you deem appropriate: 1) EMERGENCY INTERIM ORDINANCE RE MAINTENANCE DISTRICT FORMATION PROCEEDINGS. Background: This ordinance allows the City, or any other party, to file a court action within sixty days of the date a.maintenance 'district is established to determine the validity of the proceedings leading to the. creation of such ~_.?~,~.J~ district. I propose.that we pursue filing such an action immediately after Council action on April 25th, if the Council decides to approve the prOposed City-Wide Park Maintenance.District. I'd like this ordinance to go to the City Council on April 18th for adoption .as an emergency ordinance. Though referral to Committee is not a pre-requisite for emergency ordinances, I believe we should discuss this one with a Committee. If you will refer it to the Urban Development Committee, that Committee can discuss this ordinance at its. April 9th meeting. POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Background: This ordinance allows partially destroyed structures to be immediately demolished' under stated conditions. No ordinance now exists which would control the decision-making process in the event of emergency situations requiring immediate demolition of significantly damaged s tructur e s. Memo to Vice Mayor Peterson Re: Ordinance Referrals April 3, 1990' .. Thank you. AJS/meg ORD-REFERRAL MD-EMS.MEM Attachments cc: J. Dale Hawley Jack Hardisty Paul Dow Ed Schulz Greg Klimko DRAFT EMERGENCY ORDINANCE NO. AN INTERIM EMERGENCY 'ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTION 13.04.280 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO VALIDATION PROCEEDINGS FOR MAINTENANCE DISTRICT FORMATION PROCEEDINGS. WHEREAS, state law provides for the initiation of proceedings 'to determine the validity of certain actions taken by public agencies; and WHEREAS, a resolution to establish a city-wide maintenance district is currently being considered; and WHEREAS, if such a district or any other maintenance district is established, it will be appropriate to initiate proceedings to determine tile validity of the action prior to submitting the assessments to the Kern'County Assessor for inclusion on the tax roll; and WHEREAS, Sections 23 and 24 of the Bakersfield City Charter permit the adoption of an emergency ordinance by a two- thirds vote of the City Council for the immediate preservation of the public health, peace, property or safety, or providing for the daily operation of a municipal department,~ in which the emergency is set forth in the preamble thereto; and WHEREAS, the ability to initiate such proceedings is necessary for the daily operation of the Community Services Department, Parks Division, immediately following the passage of the resolution forming a city-wide maintenance district in that the assessments for such district are intended to fund a necessary portion of daily operations of said Department and Division and must be forwarded in a timely manner to the Kern County Assessor's office for inclusion on the County Tax Roll. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield aS follows: SECTION 1. Section 13.04.280 is hereby added to the Bakersfield Municipal Code to read as follows: 13.04.280 Validating proceedings. A. Within 60 days of establis~nent of any maintenance district pursuant to the procedures in this Chapter, the City may bring an action in the Kern County Superior Court to determine the validity of such action. B. If no proceedings 'have been brought by the City pursuant to this section, any'interested person may bring an action within the time and in the court specified by subsection A. to determine the validity of such matter. C. The validating proceedings shall be initiated and conducted in conformance with Sections 860 - 870 of the California Code of Civil Procedure. SECTION 2. This Emergency Ordinance is necessary for the daily operation of a municipal department. -- o0o ........... - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of 'the City of Bakersfield APPROVED CLarENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: AR~UR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg EMER-MNT.ORD 4/3/90 = 3 -