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HomeMy WebLinkAboutJAN - MAR 1966Bakersfield, California,~January 3, 1966 Minutes of of Bakersfield, California, held in the Council Chambers City Hall at eight o'clock P.M. January 3, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Ralph E. Click of the Church of the Brethren. The City Clerk called the roll as follows: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park~ Rucker, Stiern, Whittemore Present: Absent: None the regular meeting of the Council of the City of the Minutes of the regular meeting of December 27, 1965 were approved as presented. Adoption of Report of the Governmental Efficiency Committee on car allowance for the Mayor's office. Councilman Whittemore~ chairman of the Governmental Efficiency Committee, reported that the Committee met December 30, 1965 in the City Manager's office to discuss the arrangements for car allowances for the Mayor's office. The Committee recommended that the Mayor be allowed $65.00 per month car allowance for the six month period from January, 1965, and 12~ per mile, for a total of 6,820 miles, which represents the mileage accumulated since late June, 1965. Upon a motion by Councilman Hosking, seconded by Councilman Park, the report was received and adopted by the Council. Oral report from City Manager Noland on use of the Municipal Farm as Industrial Park. City Manager Noland reported to the Council on the use of a portion of the Municipal Farm as an industrial park. He stated that there were certain things which make the area flexible and industrial location desirable - (1) the sewage plant, which can handle the industrial waste very adequately, (2) there is water, (3) there is a freeway in tha area that is planned for use in about five years which will be able to handle the traffic without any problem. 29 Bakersfield, California, January 3, 1966 - Page 2 Mr. Noland said that he thinks the thing which makes it most attractive to industry is that there is large acreage available, it is flexible and can be adjusted from one portion of the area to another, and in the event that the land prices that are considered reasonable by industry are not available. He has discussed the matter with the Chamber of Commerce and it has been suggested that an inventory of the vacant land available for use as industrial sites, as well as the state of the land, be inventoried and identified and placed on a master map immediately, so that it can be seen by all people who are interested. He said he had some additional thoughts on the matter but would like to report on that later, that he would liketo first work with the Chamber of Commerce and make the inventory of the land and then work towards an industrial park. Councilman Whittemore said he would accept this report at this time, but asked Mr. Noland to submit a subsequent report in the. not too distant future. Adoption of Ordinance No. 1595 New Series of the Council of the City of Bakersfield repealing Chapter 2.08 of the Municipal Code and providing a new Chapter 2.08 providing for the order of business and p~ocedure for conducting meetings of the City Council of the City of Bakersfield. This was the time set for further consideration of an Ordinance of the Council of the City of Bakersfield repealing Chapter 2.08 of the Municipal Code and providing a new Chapter 2.08 providing the order .of ~siness and procedure for conducting meetings of the City Council of the City of Bakersfield. After discussion, it was moved by Councilman Hosking, seconded by Councilman Doolin, and carried, that the words "or the Council" be added at the end of the first paragraph of Section 2.08.090 Other Public Statements. Upon a motion by Councilman Park, seconded by Councilman Doolin, the words "If the Council consents thereto, such statement 3O Bakersfield, California, January 3, 1965 - Page 3 shall be entered in the minutes." was deleted from Section 2.08.110, Subsection e. Remarks of Councilman -- When Entered in Minutes. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, the words "during that meeting" were added to the second paragraph of Section 2.08.090. Upon a motion by Councilwoman Balfanz, seconded by Councilman Whittemore, Ordinance No. 1595 New Series of the Council of the City of Bakersfield repealing Chapter 2.08 of the Municipal Code and providing a new Chapter 2.08 providing the order of business and procedure for conducting meetings of the City Council of the City of Bakersfield, as amended, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Proposed Ordinance of the Council of the City of Bakersfield establishing the position of Legislative Secretary and amending Chapter 3.68 (Employee Classification) placed on the table. Upon a motion by Councilman Stiern, Balfanz, Agenda Item 6 (b) - An Ordinance of seconded by Councilwoman the Council of the City of Bakersfield establishing the position of Legislative Secretary and amending Chapter 3.68 (Employee Classification) was placed on the table. Approval of specifications and classifications for certain positions in the Public Works Department. Upon a motion by Councilman Park, seconded by Councilman Doolin, specifications and classifications for the following positions in the Public Works Department were approved: Motor Sweeper Operator Equipment Operator II Waste Water Treatment Plant Operator I Maintenance Man I Waste Water Treatment Plant Operator II Waste Water Treatment Plant Operator III (New Position) (Modified Specifications) (New Position) (Modified Specifications) (Modified Specifications - Change of Title) (Change of Title) 31 Bakersfield, California, January 3, 1966 - Page 4 Approval of reclassifications, due to title changes of certain specifications and classifications in the t~ublic Works Department. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, reclassifications, due to title changes of the following specifications and classifications in the Public Works Department were approved: Five positions of Sewage Plant Operators to Waste Water Treatment Plant Operator II Earl Davis John J. Fortenberry Loren Gillespie Ray Parker C. W. Willis Six Positions of Maintenance Man I to Waste Water Treatment Plant Operator I Robert A. Allenthorpe Jack Hoe Bob Jean Gibson George Stiles Turley A. Head Open Five positions of Equipment Operato'r II to Sweeper Operator Joe Garee Nathaniel Francisco Lorenzo Espinoza J. M. Pairish Vacant Chief Sewage Plant Operator to Waste Water Treatment Plant Operator III E. J. Saecker (Change of Title Only) Action on application for Encroachment Permit from Greenfield State Bank at the northeast corner of Truxtun Avenue and Eye Street deferred for one week. The Mayor announced that action on application for Encroachment Permit from Greenfield State Bank at the northeast corner of Truxtun Avenue and Eye Street be deferred for one week. Reception of Claim filed by Milton Miller of the Padre Hotel against Public Entity. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, Claim filed by Milton Miller of the Padre Hotel against Public Entity was received and ordered placed on file. Bakersfield, California, January 3, 1966 - Page 5 Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, Vouchers Nos. 2059 to 2120 inclusive, in amount of $32,030.29, as audited by the Voucher Approval Committee, were allowed and authorization Upon a Rucker, notice was granted for payment of same. Reception of Notice from South San Joaquin Division of League of California Cities that the next meeting will be held in Visalia on January 13~, 1966, was received and ordered placed on file. Reception of communication from State Director of Public Works re naming portion of Route 178 "JOSH CLARKE FREEWAY". Upon a motion by Councilman I)oolin, seconded by Councilman Park, communication from the State Director of Public Works stating that there is little that can be done by either the California High- way Commission, the Department of Public Works, or the California Division of Highways to assist the City in its desire that a portion of Route 178 be named "JOSH CLARKE FREEWAY" due to Senate Concurrent Resolution No. 12, was received and ordered placed on file. Councilman Park stated that perhaps the matter should be referred to the local assemblyman and state senator with the comment that it does require legislative action. Mayor Karlen said he would send a copy of the original resolution, his letter to the Governor dated December 6, 1965, together with a copy of the letter from the State Director of Public Works, to these legislators. Communication from Herbert P. Sears Co., Inc. offering services to effect collection of unpaid accounts and judgments of the City of Bakersfield referred to the City Manager. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, communication from the Herbert P. Sears Co., Inc. offering its services to effect collection of the City of Bakersfield's unpaid Cities of next meeting in Visalia on January 13, 1966. motion by Councilwoman Balfanz, seconded by Councilman from South San Joaquin Division of League of California Bakersfield, California, January 3, 1966 - Page 33 accounts and judgments was received and together with a letter recently sent out to the Council by the City Attorney on the subject of Out-of-Town Debtors and Judgment Proof Debtors to the City of Bakersfield, was referred to the City Manager for evaluation and report back to the Council. Council Comment. Under Council Comment, Councilman Whittemore asked the City Manager to furnish the Council with a progress report of the cable television installations being made by the Trans-Video Corporation, who was granted a franchise for this purpose on February 23, 1965. Councilman Park paid tribute who developed the electrologgingdevice to Jacques H. Gallois, for determining the fluids geologist, within the rocks of the earth, thereby making it possible to determine the types of rocks in the subsurface. Mr. Gallois, who recently contributed much to the development of the oil industry passed away, in the area, Council recesses until 8:00 P.M., January 4, 1966. Upon a motion by Councilman Doolin, seconded by Councilman the Council recessed until 8:00 P.M., January 4, 1966, for City of Bakersfield - Municipal Improvement Bonds, A. Rucker, to open bids 1966, Series ATTEST: ~ C an~ rx-Officio Clerk o~ ~he Council of the City of Bakersfield, California 34 Bakersfield, California, January 4, 1966 Minutes of recessed meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. January 4, 1966. The Mayor called the meeting to order and the City Clerk called the roll as follows: Present: Absent: Mayor Karlen. Park, Rucker, Stiern Councilman Whittemore Councilman Whittemore took his at 8:10 P. Councilmen Balfanz, Doolin, Hosking, seat in the Council Chambers M. Opening bids for $1,125,000 Bonds of the City of Bakersfield designated "Municipal Improvement Bonds, 1966, Series A." Thais being the time and place fixed for the opening of bids for $1,125,000 bonds of the City of Bakersfield, designated "Municipal Impnovement Bonds, 1966, Series A", the following bids were publicly opened, examined and read: Crocker-Citizens National Bank bid par, accrued interest to date of delivery, and a premium of $2.50 for bonds bearing interest payable at the rate of: Rates Years 4~ % 1968 to 1975, 3¼ % 1976 to 1977, 3.30 % 1978 to 1979, 3.40 % 1980 to 1985, 3~ % 1986 to 1991, annually the first year and semiannually thereafter inclusive inclusive inclusive inclusive inclusive First Western Bank & Trust Company - The Bank of California, N.A., Joint Managers, and Bache & Company, Inc. par, accrued inlerest to date of delivery, and a premium of $701.50 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: bid Bakersfield,'California, January 4, 1966 - Page 2 35 Rates Years 4.50 % 1968 to 1974, inclusive 4.O % 1975 3.25 % 1976 to 1978, inclusive 3.40 % 1979 to 1982, inclusive 3.50 % 1983 to 1991, inclusive United California Bank - Manager, White, Weld & Co., R. W. Pressprich & Co., Hornblower & Weeks - Hemphill, Noyes, Shearson, Hammill & Co., Incorporated, Goodbody & Co., bid par, accrued interest to date of delivery, and a premium of $20.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: Rates Years 4~ % 1968 to 1975, inclusive 3¼ % 1976 to ~977, inclusive 3.40 % 1978 to 198~, inclusive 3½ % 1985 to 1991, inclusive Security First National Bank and Associates bid par, accrued interest to date of delivery, and a premium of $401.00 for bonds bearing interest payable annually the first year and semiannually thereafter Rates 4,0 3.40 3.50 3.60 at the rate of: Years 1986 to 1975, 1976 1977 to 1982, 1983 to 1988, 1989 to 1991, inclusive inclusive inclusive inclusive 36 Bakersfield, Cali£ornia, January 4, 1966 - Page 3 First National Bank of Chicago bid par, accrued interest to date of delivery, and a premium of $291.00 for bonds bearing interest payable at the rate of: Rates Years 4.50 % 1968 to 1973, 4.25 % 1974 3.40 % 1975 to 1978, 3.50 % 1979 to 1883, 3.60 % 1984 to 1988, 3.70 % 1989 to 1991, annually the first year and semiannually thereafter inclusive inclusive inclusive inclusive inclusive Wells Fargo Bank, Blyth & Co., Inc., Community National Bank of Kern County, First National Bank of Oregon, The Northern Trust Company, John Nuveen & Co., Inc., R. W. Pressprich & Co., Weeden & Co., bid par, accrued interest to date of delivery, and a premium of $500.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: Rates: Years 4.5 % 1968 to 1973, inclusive 4.25 % 1974 3.40 % 1975 to 1980, inclusive 3.50 % 1981 to 1985, inclusive 3.60 % 1986 to 1991, inclusive Bank of American N. T. & S. A. and Associates bid par, accrued interest to date of delivery, and a premium of $127.00 for bonds bearing interest payable annually the first year and semiannually thereafter at the rate of: Rates Years 4~ % 1968 to 1974, inclusive 3½ % 1975 3¼ % 1976 3.30 % 1977 to 1978, inclusive 3.40 % 1979 to 1982, inclusive 3½ % 1983 to 1986, innlusive 3.60 % 1987 to 1991, inclusive Bakersfield, California, January 4, 1966 - Page 4 37 Each bid, except one, was accompanied by a good faith check in an amount not less than $11,250.00. All bids were then referred to the Auditor-Controller and his staff for checking and computation, a report thereon to be given to the Council later in this meeting. The Council recessed at this time. The Council reconvened at 8:50 P.M. and the Committee appointed to check and compute the bids on the bonds for which bids were opened previously during this meeting reported that the bid of Crocker-Citizens National Bank is the bid yielding the lowest net interest cost. After considering the various bids and the report thereon, it was moved by Councilman Stiern and seconded by Councilman Doolin, that Resolution No. 1-66 entitled "Resolution of the City Council of the City of Bakersfield, California, awarding $1,125,000 Bonds of said City to the Best Bidder and rejecting all other bids be adopted. Upon the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None said Resolution No. 1-66 was declared adopted. Matter of remodeling the Council Chambers referred to the Governmental Efficiency Committee for further processing. Councilman Hosking called the attention of the Council and the administrative staff to the recommendations made by the Procedures Committee relative to moving the staff table to the center front, renovating the public address system, etc. After discussion, it was moved by Councilman Hosking, seconded by Councilman Stiern, and carried, that the matter of remodeling the Council Chambers be referred to the Governmental Efficiency Committee for further processing. 38 Bakersfield, California, January 4, 1966 - Page 5 Adjournment. There being no further business to come before the Council, upon a motion by Councilwoman Balfanz, seconded by Councilman Doolin, the Council meeting adjourned at 9:30 P.M. ATTEST: of the City of Bakersfield, California Bakersfield, California, January 10, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. January 10, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend H. W. Hause of the Oildale Church of God. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, ~hittemore Absent: None Minutes of the regular meeting of January 3, 1966 and the recessed meeting of January 4, 1966 were approved as presented. Reception of Annual Report of the Civil Service Commission for Miscellaneous Departments. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, Annual Report of the Civil Service Commission for Miscellaneous Departments was received and placed on file without being read. Reception of Report of Recreation Committee of a meeting held on January 6, 1966. Councilman Hosking, chairman of the Recreation Committee, reported on a meeting held on January 6, 1966 to discuss a number of items. The first item was a proposal from the State Division of Highways to sell the City of Bakersfield approximately 1.7 acres immediately adjacent to the northeast corner of Saunders Park that is joined by the drainage sump on the west and the freeway on the east. The second item discussed was the proposal by the Kern County Planning Commission to create a recreational area which will follow the course of the Kern River from the Kern Golf course to Buena Vista Road. The Committee recommended that the Council endorse the County's proposal by adopting a resolution to that effect. 39 40 Bakersfield, California, January 10, 1966 - Page 2 The chairman reported also that the Committee will shortly be reviewing the scheduling of the Recreation Department's summer program and the proposed budget for the fiscal year 1966-67. After discussion, it was moved by Councilman Park, seconded by Councilman Stiern, and carried, that the report be adopted with the exclusion of the proposal to purchase the land adjacent to Saunders Park, as the Council desires additional time to study the matter, which was ordered placed on next week's agenda. The City Attorney was instructed to prepare the recommended resolution for Council action at next week's meeting. Adoption of Report of Governmental Efficiency Committee of meeting held January 7, 1966. Councilman Whittemore, chairman of the Governmental Efficiency Committee, reported on a meeting of the Committee held on January ?, 1966, to consider nine items on its agenda which will be reported on during the next several weeks. After discussion, upon a motion by Councilman Hosking, seconded by Councilman Stiern, the report was adopted. Encroachment Permit granted Greenfield State Bank at the northeast corner of Truxtun Avenue and Eye Street. Upon a motion by Councilman Whittemore, seconded by Councilman Park, an Encroachment Permit was granted the Greenfield State Bank located at the northeast corner of Truxtun Avenue and Eye Street, to extend its existing planting, subject to the requirements of the Planning Commission. First reading of an Ordinance adding Section 11.04.795 to the Municipal Code of the City of Bakersfield pertaining to Automobile Owner responsibility for violations of certain traffic provisions of the Municipal Code. At this time first reading was given an Ordinance adding Section 11.04.795 to the Municipal Code of the City of Bakersfield pertaining to Automobile Owner responsibility for violations of certain traffic provisions of the Municipal Code. 41 Bakersfield, California, January 10, 1966 - Page'3 Date set for hearing before the Council on request of Eugene C. Prehoda, Jr., for change of zone for those certain properties in the City of Bakersfield commonly known as 911 through 943 Panorama Drive. Upon a motion by Councilwoman Balfanz, seconded by Councilman Rucker, date of January 31, 1966 was set for hearing before the Council on request of Eugene C. Prehoda, Jr., for a change of zone from a C-1 (Limited Commercial) Zone to an R-1 (Single Family Dwelling) Zone, for those certain properties in the City of Bakersfield commonly known as 911 through 943 Panorama Drive. Date set for hearing before the Council on request of A. F. Tokash and Arnold Kirschehman, Jr., for a change of zone for those certain properties in the City of Bakersfield commonly known as 926 and 932 Flower Street. Upon a motion by Councilman Rucker, seconded by Councilmoman Balfanz, date of January 31, 1966 was set for hearing on request of A. F. Tokash and Arnold Kirschehman, Jr., for a change of zone from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial Architectural Design) Zone, for those certain properties in the City of Bakersfield commonly known as 926 and 932 Flower Street and the initiated action by the Planning Commission to change the zone from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) Zone, for those certain properties in the City of Bakersfield commonly known as 914, 918, 922 and 922A Flower Street. Adoption of Resolution No. 2-66 approving the agreement between the City of Bakersfield and the State of California for the modification of the traffic signal system and highway lighting at the interseetion$ of 18th and 19th Streets with State Route 204 (Union Avenue.) Upon a motion by Councilman Stiern, seconded by Councilman Hosking, Resolution No. 2-66 approving the agreement between the City of Bakersfield and the State of California for the modification of the traffic signal system and highway lighting at the intersections of 18th and 19th Streets with ~tate Route 204 (Union Avenue.) Bakersfield, California, January 10, 1966 - ~age 4 Acceptance of Work and Mayor authorized to sign Notice of Completion of Contract for the Construction of Sanitary Sewer in Blocks 109 and 110, Kern Division. Upon a motion by Councilwoman Balfanz, seconded by Councilman Whittemore, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for recordation, of Contract for the construction of Sanitary Sewer in Block 109 and 110, Kern Division. Approval of Plans and Specifications for Multi-Purpose Game Slabs at Saunders Park and Lowell Park. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Plans and specifications Saunders Park and at Lowell Park, were approved. Allowance of Claims. Upon a motion by Councilman Doolin, Rucker, Vouchers Nos. 2121 to 2200 inclusive, as audited by the Finance Approval Committee, authorization was given for payment of same. for Multi-purpose Game Slabs at seconded by Councilman in amount of $13,080.75, were allowed, and Communication from Trans-Video Corp. requesting that franchise be transferred to newly formed subsidiary Bakersfield Cable TV, Inc., referred to the City Attorney for evaluation and report back to the Council. Upon a motion by Councilman Hosking, seconded by Councilman Whittemore, communication from Trans-Video Corporation requesting that the franchise granted to them pursuant to Ordinance No. 1552 New Series, be granted to their newly formed subsidiary, Bakersfield Cable TV, Inc., was received and referred to the City Attorney for evaluation and report back to the Council next week. Reception of communication from Trans-Video Corporation advising the Council of the construction status of its community antenna television system. Upon a motion by Councilman Hosking, seconded by Councilman Rucker, communication from Trans-Video Corporation advising the Council of the construction status of the community antenna television system and that it is their present expectation they will be serving the first subscribers in Bakersfield in late February, was received and ordered placed on file. Bakersfield, California, January 10, 1966 - Page 5 Council Comment. Councilman Park stated he has received many telephone calls regarding the swimming pool program that was cancelled by the Kern County Union High District after the failure of the proposed tax increase last year. He said there seemed to be a misunderstanding about the city's charges to the district, as some of the residents were under the impression that the swim program was dropped because the City's charges were excessive. As an example, he quoted the cost of maintaining the pool at Siemon Park during the winter and spring ~nths when the pools were opened for the school's use, and said this was the actual amount charged the district. Councilman Stiern said he hoped the High School District would be able to reinstate its swimming programs and reminded the Council that at the time the program was cancelled~ the Council had stated it would keep an open door policy and be willing to accep~ the District's request at any time to open the pools. Request from E. J. Starchef relative to his problem with the California Water Service Company referred to the City Staff for recommendation back to the Council. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, request from E. J. Starcher regarding his problem with the California Water Service Company relative to a water connection to his residential lot at 1101 Beale Avenue, was referred to the City Staff for recommendation back to the Council. The staff was requested to meet with Mr. Starchef at his convenience in an effort to work out a solution to this problem. Mayor authorized to send letter of condolence to the family of the late Major General Irving L. Branch, Commander of the Air Force Flight Test Center at Edwards Air Force Base. Upon a motion by Councilman Doolin$ seconded by Councilman Rucker, Mayor Karlen was authorized to send a letter of condolence and commendation from the Council to the family of the late Major General Irving L. Branch~ Commander of the Air Force Flight Test Center at Edwards Air Force Base. 44 Bakersfield, California, January 10, 1966 - Page 6 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Park, the Council adjourned its meeting at 9:45 P.M. MAYOR of the City of Bakersfield, ~a~lif. ATTEST: an the Council of the City of Bakersfield, California Bakersfield, California, January 17, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. January 17, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend William Hart of the Church of Religious Science. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of January 10, 1966 were approved as presented. Reception of City Clerk's report to the Council on bid opening for Public Improvement District No. 800 - Construction of Curbs, Gutters and Sidewalks (Robinson - 9th Streets.) The City Clerk reported to the Council that in accordance with Resolution No. 75-6, sealed bids for the construction of curbs, gutters and sidewalks - Public Improvement District No. 800 - (Robinson - 9th), were publicly opened, examined and declared in her office after 10:00 o'clock A.M. on January 12, 1966, and that Joe C. Brown offering a total bid of $29,581.04, had submitted the lowest regular proposal. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, the report was received and ordered placed on file. Adoption of Resolution No. 3-66 of th~ City Council of the City of Bakersfield, California, awarding Contract for Work or Improvement ordered by Resolution No. 75-65 (Public Improvement District No. 800 - Robinson - 9th.) Upon a motion by Councilman Rucker, seconded by Councilman Park, Resolution No. 3-66 of the City Council of the City of Bakersfield, California, awarding Contract for Work or Improvement ordered by Resolution No. 75-65 (Public Improvement District No. 800 - Robinson - 9th) to the lowest bidder, Joe C. Brown, for a Bakersfield, California, January 17, 1966 - Page 2 total sum of $29,581.04, rejecting all other bids and authorizing the Mayor to sign the contract, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Award of Bids. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, low bid of Zenith Processing Corp. for everyday purchases of Pool Chemicals, in amount of $1,915.76 was accepted, all other bids were rejected, and the Mayor was authorized to sign the annual contract. Upon a motion by Councilman Whittemore, seconded by Councilman Stiern~ low bid of Cooper's Nursery for everyday purchases of Nursery Stock, in amount of $1,072.58, was accepted, all other bids were rejected, and the Mayor was authorized to sign the annual contract. Upon a motion by Councilman Whittemore, seconded by Councilman Doolin, low bid of S. A. Camp Motor Company to furnish one Class II Four Door Police Sedan for a net price of $2,538.49 was accepted and all other bids were rejected. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, low bid of Urners Chrysler Plymouth to furnish one 1966 Class II 9 Passenger Station Wagon for a net price of $2,883.83 was accepted, and all other bids were ~jected. Upon a motion by Councilman Rucker, seconded by Councilman Whittemore, low bid of Urners Chrysler Plymouth to furnish 9 Automobiles Class III, Police Sedans, for a net price of $20,177.33 was accepted, and all other bids were rejected. Upon a motion by Councilman Park, seconded by Councilman Rucker, low bid of Agriculture Mfg. Co. to furnish Sprayer, High Pressure 60 GPM, for a net price of $3,640.00 was accepted, and all other bids were rejected. Bakersfield, California, January 17, 1966 - Page 3 Upon a motion by Councilman Stiern, seconded by Councilman Park, bid of ~aberfelde Ford Co. to furnish one ton Cab and Chassis for a net price of $1,873.46 was accepted, this being the only bid received. Upon a motion by Councilman Doolin, seconded by Councilman Park, low bid of Haberfelde Ford Co. to furnish 19 foot Flat Bed Dump Truck for a net price of $5,899.35 was accepted, and all other bids were rejected. Upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, low bid of Haberfelde Ford Co. to furnish Five Cubic Yard Dump Truck for a net price of $4,623.15 was accepted, and all other bids were rejected. Upon a motion by Councilman Whittemore, seconded by Councilman Park, low bid of Three-Way Chevrolet to furnish one-half ton Pickup Truck for a net price of $1,590.75 was accepted, and all other bids were rejected. Upon a motion by Councilwoman Bal£anz, seconded by Councilman Hosking, bid of Kern County Equipment Company to furnish two Suburban Carryalls for a net price of $5,022.00 was accepted, this being the only bid received. Upon a motion by Councilman Park, seconded by Councilman Doolin, low bid of Haber£elde Ford Co. to furnish three-quarter ton Pickup Truck for a net price of $1,765.16 was accepted, and all other bids were rejected. Request of Trans-Video Corp. to transfer franchise to Bakersfield Cable TV, Inc. granted subject to certain conditions. City Attorney Hoagland reported to the Council on a request of Trans-Video Corporation to transfer the Franchise granted to them, pursuant to Ordinance No. 1552 New Series, to their newly formed subsidiary Bakersfield Cable TV, Inc. He stated that this transfer or assignment is in conformity with the practices of Trans-Video Corp. in theor operations elsewhere, and that in some 48 Bakersfield, California, January 17, 1966 - Page 4 respects it is to the benefit of the City to have an operating company separate from the parent company as the books maintained by Bakersfield Cable TV, Corp. will reflect only the Bakersfield operation and not other area operations. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, the report was received and placed on file, and the request was granted, provided that said transfer is made subject to acceptance in writing by Trans-Video Corp. that Trans-Video Corp. guarantees the performance of the terms and conditions of the franchise agreement by Bakersfield Cable TV, Corp. as long as said agreement is in effect in the City of Bakersfield, in the same manner as if no such transfer were made. Administrative Staff instructed to make specific proposal to the Board of Directors of the Mr. Vernon and the Panorama Sanitation Districts, as outlined in report submitted by the Council Water and City Growth Committee. Councilman Richard Stiern, chairman of the Council Water and City Growth Committee, reported that the Co~mmittee has met several times and discussed the need of the Mt. Vernon Sanitation District to expand its sewerage treatment plant facilities while the City operates two treatment plants in the same area that ha*e surplus capacity. It has been indicated in a report made by the City Manager that the Mt. Vernon Sanitation District and the Panorama Sanitation District could enter into an agreement with the City of Bakersfield whereby the City, through joint operation, could provide necessary treatment and prevent loading Mt. Vernon Treatment Plant. This would eliminate the need for expanding its plant and would be a considerable savings to their taxpayers. The Committee outlined an offer which ~ould be made to the District, and upon a motion by Councilman Stiern, seconded by Councilman Park, the report was received and approved, and the Administrative Staff was authorized to make a specific proposal, as outlined in the report, to the Board of Directors (Board of Supervisors), of the combined sanitation Districts. 49. Bakersfield, California, January 17, 1966 - Page 5 Adoption of Report of the Governmental Efficiency Committee of meeting held on January 7, 1966. Councilman Robert Whittemore, chairman of the Governmental Efficiency Committee, reported that the Committee had held a meet- ing on January 7, 1966, and were submitting the following recommend- ations: Classification of Engineer III should receive a 5% increase retroactive to January l, 1966 Requirements in current Engineer III specifi- cations be change to make registration as a professional engineer a requirement rather than a desirable quality. (Approved by Civil Service Commission for Miscellaneous Depart- ments on January 13, 1966) Council enter into an agreement with Tel-Plan, Inc. to audit and examine all present telephone facilities Council follow the wishes of the City Employees expressed in a referendum and take no action to combine Social Security with the present State Employee's Retirement System program Upon a motion by Council Hosking, seconded by Councilman Park, the report and the recommendations contained therein, were adopted. Adoption of Ordinance No. 1596 New Series adding Section 11.04.795 to the Municipal Code of the City of Bakersfield pertaining to Automobile Owner responsibility for violations of certain traffic provisions of the Municipal Code. Upon a motion by Councilwoman Balfanz, seconded by Council-- man Hosking, Ordinance No. 1596 New Series adding Section 11.04.795 to the Municipal Code of the City of Bakersfield pertaining to Automobile Owner responsibility for violation of certain traffic provisions of the Municipal Code, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None 50. Bakersfield, California, January 17, 1966 - Page 6 Proposal from the State Division of Highways to sell the City of Bakersfield approximately 1.7 acres of land immediately adjacent to Saunders Park to be held in abeyance for 30 days. This being the time set to further consider a proposal of the State Division of Highways to sell the City of Bakersfield approximately 1.7 acres of land immediately adjacent on the north- east corner of Saunders Park that is joined by the drainage sump on the west and the freeway on the east, Councilman Stiern asked if negotiations on this piece of property have proceeded to the point where an appraiser has been used to determine if the price being asked for the property is in line. City Manager Noland replied that an appraiser had not been employed for this purpose, and suggested that the matter be set over until such time as (1) they have an appraiser's report on the property and (2) they have time to further discuss the acquisition of the property with the State Division of Highways. Councilman Stiern then moved, seconded by Councilman Park, that the matter be held over for thirty days to allow further consideration. Councilman Whittemore suggested that before the City goes into the employment of an appraiser, as the fee runs high, that the Staff contact the State and ascertain the minimum price it would accept for the property - the State might even donate it to the City. Councilman Hosking said that as he recalled the report submitted by the Recreation Committee, it was only to give the staff authority to negotiate for the purchase, not to authorize a contract for the purchase. Therefore, if it wasn't the desire of the Council to act on the recommendation of the Recreation Committee, he offered a substitute motion to table this matter. There was no second to Councilman Hosking's substitute motion. After discussion, he withdrew his motion. 51 Bakersfield, California, January 17, 1966 - Page 7 Councilman Stiern then offered a substitute motion that the proposal from the Division of Highways be held in abeyance for thirty days and the administrative staff be instructed to negotiate with the State Division of Highways in any manner necessary to obtain the most appropriate price for the City, and report back to the Council within the thirty day period. Councilman Park said he would be happy to withdraw his second, if Councilman Stiern, would drop the time stipulation of thirty days. He said he did not realize that the City was still negotiating with the State and that he would like to wait until the next fiscal year so that the purchase price could be budgeted in the capital funds. Councilman Stiern said he did not think it necessary to remove the time stipulation, and after discussion, Councilman Park withdrew his second to the original motion, and Councilman Doolin seconded the substitute motion made by Councilman Stiern. The motion carried unanimously. Adoption of Resolution of Intention No. 807 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Owens Street between Truxtun Avenue and East 21st Street, City of Bakersfield. Upon a motion by Councilwoman Balfanz, seconded by Councilman Rucker, Resolution of Intention No. 807 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Owens Street between Truxtun Avenue and East 21st Street, City of Bakersfield, and setting February 7, 1966 as the date for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Whittemore Noes: None Absent: None Hosking, Park, Rucker, Stiern, Bakersfield, California, January 17, 1966 Page 8 Adoption of Resolution of Intention No. 808 of the Council of the City of Bakersfield declaring its intention to order the vacation of a drainage easement in Tract No. 1620, in the City of Bakersfield. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, Resolution of Intention No. 808 of the Council of the City of Bakersfield declaring its intention to order the vacation of a drainage easement in Tract No. 1620, in the City of Bakersfield, and setting February 7, 1966 as the date for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption o~ Resolution No. 4-66 endorsing the Kern County Planning Commission proposal of a Kern River Metropolitan Recreation Area. Upon a motion by Councilman Hosking, seconded by Councilman Park, Resolution No. 4-66 endorsing the Kern County Planning Commission proposal of a Kern River Metropolitan Recreational Area, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Request from Urner's Appliances for the closing of the alley in Block 181, City of Bakersfield, referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, request from Urner's Appliances for the closing of the alley in Block 181, City of Bakersfield, was referred to the Planning Commission for study and recommendation. Bakersfield, California, January 17, 1966 - Page 9 53 Approval of Agreement with Geophysical Service, Inc. to conduct geophysical work on certain sections of the Municipal Farm. Upon a motion by Councilman Park, seconded by Councilman Doolin, Agreement with Geophysical Service, Inc. to conduct geophysical work on Section 21-22, the east 1/2 of Section 16 and the west 1/2 of Section 15, T. 30 S., R. 28 E., M.D. B & M., of the Municipal Farm, was approved and the Nayor was authorized to execute same. Acceptance of Street Right of Way Deed for portion of Ming Avenue from J. L. Dandy and Company. Upon a motion by Councilman Rucker, seconded by Councilman Stiern, Street right of way Deed from J. L. Dandy and Company, for a portion of Ming Avenue between the Stine Canal and the westerly line of Section 11 adjacent to the West High School, was accepted. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 2201 to 2276 inclusive, in amount of $35,412.26, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Reception of communication from Southern Pacific Company re request to make a presentation before the City Council in connection with theproposed Union Pacific-Rock Island Merger. A communication from the Southern Pacific Company stating that representatives from the Southern Pacific Company and the Union Pacific Company would appear before the Council on February 7, 1966, to make a presentation in connection with the proposed Union Pacific-Rock Island Merger and sale to the Southern Pacific Company of a portion of the Rock Island, was read. City Manager Noland stated that after meeting with representatives of the various railroad companies, he would be able to make a report to the Council on January 31, 1966, on whether or not the City should take a position or if so, to hold a hearing with these companies before the Council. After discussion, Mayor Karlen said he would notify the Southern Pacific Company that a date 54 Bakersfield, California, January 17, 1966 - Page l0 would not be established for hearing before the Council until the City Manager submits his report on January 31, 1966, at which time the City's position will be determined. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, the letter was received and ordered placed on file. Suburban Sewer Rental Agreement granted Mrs. Opal E. Kahler subject to approval of the Department of Public Works. Upon a motion by Councilman Stiern, seconded by Councilman Park, a suburban sewer rental agreement was granted Mrs. Opal E. Kahler for apartment houses being constructed on the north side of Palm Street, subject to approval of the Department of Public Works. Request from Church of Christ to connect church building to city sewer system referred to the Director of Public Works for recommendation. Upon a motion by Councilman Hosking, seconded by Councilwoman. Balfanz, request from Church of Christ, 2215 Planz Road, to connect 1he church building to the city sewer system which runs along Planz Road, was received and referred to the Director of Public Works for recommendation. Reception of communication from representatives of various interested groups from high schools within the City requesting the Council to grant free use of City owned swimming pools. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, communication signed by Mr. Dick E. Atchison, Mr. Doug Holden, and Mr. Luis Valdes, representatives of various interested groups from high schools within the City requesting the Council to grant free use of City owned swimming pools, ordered placed on file. Request for free use of swimming pools referred was received and city owned to the Recreation Committee for study and recommendation. City Attorney instructed to make a study and report back to the Council on the legal problem involved. At this time all interested persons in the audience were ~ven an opportunity to be heard relative to the request made to the Council for free use of the city owned swimming pools for Bakersfield, California, January 17, 1966 - Page 11 55 competitive swimming and physical education classes, since it has been announced by the High School District Board of Trustees that the swim program would be reinstated if the City would agree to make the pools available free of charge. All members of the Council stated they were sympathetic to the request, but pointed out that competitive swimming and physical education are not the responsibility of the City and also questioned whether it would be legal to permit free use of city pools for this purpose. After a lengthy discussion, it was moved by Councilwoman Balfanz, seconded by Councilm~n Park and Stiern and carried, that the matter,,be referred to the Council Recreation Committee for study and recommendation and to meet with any interested groups to discuss this problem. The City Attorney was instructed to furnish the Council with an opinion relative to the legality of expending City funds for the use of the pools by the High School District. Council Comment. Councilman Hosking stated he had been contacted by the Men's Student Body President of Garces High School regarding the students working on a worthwhile project for the City, and with the Council's permission he would advise him to contact the Director of Public Works relative to cleaning up the alleys in the City. Councilman Hosking said that and also the Mr. Hoagland's attention, media had expressed the opinion that Mr. it had come to his attention that one of the local news Milton Miller has a constitutional right to address the Council. He stated that he did not agree with this statement and therefore made a motion that the Mayor be authorized, on behalf of the City Council, to request Senator Walter Stiern to secure a legal opinion from the Attorney General of the State, as to just what the constitutional rights are of citizens and taxpayers to address the City Council. This motion was seconded by Councilman Stiern and carried. 56 Bakersfield, California, January 17, 1966 - Page 12 Adjournment. There being no further business to come before this Council, upon a motion by Councilman Stiern, seconded by Councilman Park, the meeting adjourned at 11:25 P.M. ATTEST: CITY~ ~k~ ~-O~i'cio~of the Council of the City of Bakersfield, California 57 Bakersfield, California, January 24, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 24, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by Dr. D. W. McElroy of the First Christian Church. The City Clerk called the roll as follows: Present: Mayor Karlen, Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of January l?, 1966 were approved as presented. Change in Order of Business. Due to the large audience, many people being forced to stand because of lack of seating space, it was moved by Councilman Hosking, seconded by Councilman Rucker, and carried, that the order of business be changed so that the public could be heard first, and the Council moved its agenda up to Reports. Mayor Karlen authorized to execute Joint Exercise of Powers Agreement for Stanford Research Survey. Councilman Stiern stated that he wished to make a report from the City-County Cooperation Committee. That the Mayors of the Association of Cities of Kern County will be asked to sign a Joint Exercise of Powers Agreement with the County of Kern to conduct a joint study of costs and benefits of local and county governments in Kern County for the purpose of identifying any duplication of costs of the services between the cities and the county, at a meeting to be held in Delano on Thursday, January 27, 1966. He then made a motion, seconded by Councilman Doolin, and carried, that Mayor Karlen be authorized to sign this agreement at the association meeting on behalf of the City of Bakersfield. 58 Bakersfield, California, January 24, 1966 - Page 2 Adoption of Report of Recreation Committee re availability of City pools for swimming program in the High Schools. This was the time set to again consider the request to open City swimming pools for the high school swim programs. Mr. Dick Atchison read a report to the Council stating that his group had arrived at a solution which carries a guarantee that the students will have pools and that a civic minded citizen has offered to advance the funds needed while money is being collected from citizens, taxpayers and parents for this purpose. He introduced Mr. George Day who stated that there is a way to raise the required monies to open the pools without creating any new problem for the City of Bakersfield and the City Council, and that donations can be mailed to the Bakersfield City Recreation Department. Councilman Hosking, Chairman of the Recreation Committee, reported that the Committee is satisfied as to the legality of making the City's swimming facilities available for the high school swim programs, and recommended that the City Attorney be instructed to prepare the necessary documents for action by the Council at the next meeting of January 31, 1966. Upon a motion by Councilman Park, seconded by Councilman Stiern, the report of the Recreation Committee was adopted. Action on request from Inter-Group Relations Board in connection with the activities of the Kern County Citizens Council, deferred one week for study of material presented. At the last meeting of Inter Group Relations Board held on January 20, 1966, a four member Committee was appointed to investigate the activities of a group called the Kern County Citizens Council, and make a report of its findings to the Council at tonight's meeting. Reverend Julius Brooks and Mr. Fred Cronkhite acted as spokesmen for the IGRB Committee and submitted a nineteen page pamphlet for perusal of the Council, and also a report, urging the City Council to take a stand against this group, their teachings 59 Bakersfield, California, January 24, 1966 - Page 3 and policies and to advise the citizens of Bakersfield of the evils and pitfalls of such a group. A few interested persons in the audience were granted permission to speak to the Council, and after discussion, upon a motion by Councilman Rucker, seconded by Councilman Doolin, the matter was taken under consideration for one week to evaluate the material submitted to the Council. Adoption of recommendations outlined in report from Director of Public Works on the East Side Canal in East Bakersfield. Director of Public Works Bergen reported to the Council that the ideal solution relative to complaints regarding the East Side Canal in East Bakersfield would be to cover the canal, and that the total estimated cost to do this, including the necessary street improvement, would be $1,105,800, but that he did not think the adjacent property owners would support the forming of an assessment district for this purpose. In order to alleviate the complaints of the adjacent property owners, he recommended that the following action be taken: 1. Trash and debris be cleaned from the Canal twice a year; once after it is emptied in August, and once before it is filled in March 2. Canal Company continue to clear weeds as needed 3. Signs be erected on the canal fence which show that it is a violation of the City ordinance to dump rubbish or debris into the canal (Municipal Code, Chapter 8.52) 4. The existing fence be replaced on a five-year program After discussion, upon a motion by Councilwoman Balfanz, seconded by Councilman Doolin, the report was adopted. Acceptance of bid of Dotcon, Inc. to furnish Floating Gas Holder. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, bid of Dotcon, Inc. to furnish Floating Gas Holder for the price of $12,667.00 was accepted, and all other bids were rejected. 6O Bakersfield, California, January 24, 1966 - Page 4 Acceptance of bid of Clark Equipment Company to furnish 2 Cubic Yard Loader. Upon a motion by Councilwoman Balfanz, seconded by Councilman Doolin, bid of Clark Equipment Company to furnish 2 Cubic Yard Loader for a net price of $19,256.80 was accepted, and all other bids were rejected. Acceptance of bid of Case Power & Equipment Company to furnish 1½ Cubic Yard Loader. Upon a motion by Councilman Rucker, seconded by Council- woman Balfanz, bid of Case Power & Equipment Company to furnish 1½ Cubic Yard Loader for a net price of $12,620.00 was accepted, and all other bids were rejected. First reading of an Ordinance:~mendiag Chapter 11.04 of the Municipal Code of the City of Bakersfield by adding Section 11.04.727 prohibiting parking on a portion of the curve between 24th and 23rd Street between "B" and "D" Streets. At this time first reading was considered given an Ordinance amending Chapter 11.04 of the Municipal Code of the City of Bakers- field by adding Section 11.04.727 prohibiting parking on a portion of the curve between 24th and 23rd Street between "B" and "D" Streets. Approval of Salary Step Advancements effective February 1, 1966. Upon a motion by Councilman Whittemore, seconded by Council- man Hosking, the following step salary advancements, effective February 1, 1966, were approved: Gilbert Martinez Utility Man D to E J. L. Hollett Mechanic II C to D M. C. Horsley Park Foreman E to F V. G. Unruh Firefighter C to D Kenneth L. Cravens Detective E to F Ronda R. Stokes Clerk-Steno II D to E Weldon R. Langfield Detective E to F 61 Bakersfield, California, January 24, 1966 - Page 5 Approval of License Agreement for Discharge of storm waters into the Kern Island Canal. Upon a motion by Councilman Whittemore, seconded by Council- man Doolin, License Agreement with the Kern Island Canal Company for discharge of storm waters into the Kern Island Canal was approved, and the Mayor was authorized to execute same. Approval of request of Church of Christ to connect to the City sewer system, subject to certain conditions. Upon a motion by Councilman Park, seconded by Councilman Stiern, request of the Church of Christ, 2215 Planz Road, to connect to the s~wer system was approved, subject to the following conditions: 1. Plans and Profiles of proposed sewer lines and connection, to be submitted to the Engineering Department for approval. 2.All sewers and appurtenances to be constructed to City standards. 3. A suburban s~wer rental agreement be entered into by the Church. Acceptance of Street Right-of-way Deed from Wm. A. Howell, Jr., for a portion of Christmas Tree Lane between Crescent Drive and Columbus Street. Upon a motion by Councilman Park, seconded by Councilman Doolin, Street right-of-way Deed from Wm. A. Howell, Jr., for a portion of Christmas Tree Eane between Crescent Drive and Columbus Street, was accepted. Development of area adjacent to County Communications Center as a Park referred to the City-County Cooperation Committee. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, the matter of developing that area located on the northeast corner of Mr. Vernon Avenue and Church Street adjacent to the County Communications Center, as a community park was referred to the City- County Cooperation Committee for study and reco~nuendation. Bakersfield, California, January 24, 1966 - Page 6 Adoption of Resolution Honoring Herbert L. Blackburn. Upon a motion by Councilman Stiern, seconded by Council- woman Balfanz, Resolution honoring Mr. Herbert L. Blackburn, who will retire as Deputy Superintendent of City Schools, was adopted[ by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stie~rn Whittemore Noes: None Absent: None Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Council- man Rucker, Vouchers Nos. 2277 to 2399 inclusive, in amount of $98,565.58, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Acceptance of resignation of Mr. Joseph S. Lee, as Member of the Inter Group Relations Board. Upon a motion by Councilwoman Balfanz, seconded by Council~ man Stiern, the resignation of Mr. Joseph S. Lee as member of the Inter Group Relations Board was accepted with regret and a letter of appreciation and commendation was ordered sent to him for his services on this Board. Council Comment. Councilman Whittemore requested the City Manager, or Director of Public Works, to contact the County and ascertain if the ditch located east of Monitor Street below White Lane has been abandoned, and if so, request to have it covered, as it is now a health hazard. Councilman Park called the attention of the Council to a commendable action on the part of a young man, Mickey Adams of 2324 Brundage Lane, who administered first aid to an injured lady and directed traffic at the scene of the accident. Upon a motion by Councilman Park, seconded by Councilman Doolin, the Mayor was authorized to commend him officially on behalf of the City of Bakersfield. 63 Bakersfield, California, January 24, 1966 - Page 7 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Rucker, seconded by Councilman Doolin, the meeting was adjourned at 10:10 P.M. RUSSEL V. KARLEN, M. D. MAYOR of the City of Bakersfield, MARIAN S. IRVIN CITY CLERK and Ex-0fficio Clerk of the Council of the City of Bakersfield, California 64 Bakersfield, California, January 31, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. January 31, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Russell Ward of the Stockdale Southern Baptist Church. Present: Absent: The City Clerk called the roll as follows: Mayor Karlen, Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore None Minutes of the regular meeting of January 24, approved as presentea. Appointment of Mrs. Joseph Lee as Member of the Inter-Group Relations Board. 1966 were Report of Association of Kern County Cities, Councilman Stiern reported that at the regular meeting of the Association of Kern County Cities which was held in Belano on Thursday, January 27, 1966, the ten cities in Kern County and the County of Kern signed the Joint Agreement providing for a survey by Stanford Research of possible overlapping taxation, and that as of now it is in effect. In addition, new officers were elected as follows: Councilman Joe Hochschild Councilman Robert Colston Councilman William Park Councilman William E. Perry Delano President Taft Vice-President Bakersfield Secretary Tehachapi Treasurer Appointment of member of the Kern County Mosquito Abatement District Board of Trustees. Upon a motion by Councilman Park, seconded by Council- man Whittemore, Mr. Lawrence A. Braden, Executive officer of the Tidewater Oil Company, who resides at 2607 Crest Drive, was appointing Mrs. Joseph Lee as a member of the Inter-Group Rela- tions Board, to fill the vacancy created by the resignation of Mr. Joseph Lee. Councilwoman Balfanz advised the Council that she was Bakersfield, California, January 31, 1966 Pj.265 appointed to fill the vacancy on the Kern County Mosquito Abate- ment District Board of Trustees. Councilmen Hosking and Council- man Stiern requested that the nominations be closed and the minutes show that the appointment was made by a unanimous ballot. Reception of Report from City Manager Noland on the merger of the Rock Island into Union Pacific Railroad. City Manager Noland reported that he had held a meeting with all railroad carriers concerned in the matter of the proposed merger of the Rock Island Railroad into the Union Pacific Railroad with Rock Island's lines south and west of Kansas City being sold to the Southern Pacific Railroad. Efter examining the documents: they submitted along with the discussions, he evaluated their pro- posals in light of what effect they would have on the City of Bakersfield. He stated that there were a lot of "if's" on the application for the merger at this particular time and that at this point it is too early to determine what the final application will be before the Interstate Commerce Commission. He said he felt that it would strengthen Southern Pacific's position in the valley and would put them on a more competitive basis with Santa Fe. He also recommended that a copy of this report be referred to the Agri- business committee of the Chamber of Commerce for an expression from them. Councilman Stiern made a motion, s~eonded by Council- man Hosking, and carried, that the report be received for study and the two gentlemen who have previously been contacted be noti-- fled that the Council is not ready to take a position on this issue at this time but will continue to study it.' Adoption of Ordinance No. 1597 New Series amending Chapter 11.04 of the Municipal Code of the City of Bakers- field by adding Section 11.04.727 prohibiting parking on a portion of the curve between 24th and 23rd Street between "B" and "D" Streets. Upon a motion by Councilman Hosking, seconded by Council- woman Balfanz, Ordinance No. 1597 New Series amending Chapter 11.04 of the Municipal Code of the City of Bakersfield by adding Sectten 11.04.727 prohibiting parking on a portion of the curve between Bakersfield, California, January 31, 1966 - Page 3 24th and 23rd Street between "B" and "D" Streets, was the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Whittemore Noes: None Absent: None adopted by Stiern, Mayor to issue Proclamation reiterating the purposes and goals of the Inter- Group Relations Board and reaffirming the Council's support of Resolution No. 47-63 establishing the Board. Mayor Karlen announced that this was the time set to fur.- ther consider request from the Inter-Group Relation Board in connection with the activities of the Kern County Citizens Council. He stated he would read portions of Resolution No. 47-63 establishing the Inter-Group Relations Board which he feels will have some bearing on the action the Council decides to take. He said he realized all the members of the Council had formed their own opinions on this matter, that they were elected to assist in the administration of the city government and to legislate, but he does not believe it is within their province to act in a judicial function, a function of judging. He went on to say that harmony and integration are the things that require respect for individual rights and that people should not be condemned for what they nec- essarily think, that we can only have harmony if we work together. He stated that he has expressed his feelings in previous Council meetings that he does not approve of groups which promote disharmo~y. However, although he respects the right of each one to think this way, he does not believe that as a Council, this body can take a stand condemning anyone, because if it does, this is in effect taking a stand against individuals, and he does not believe the Council should do this. He said this is his own opinion, the Council can do as it sees fit, but he does not think that this body, as a Council, should take a judiciary stand on this particular issue, but should be judicious in what it does. Bakersfield, California, January 31, 1966 - Page 4 Councilman Rucker said he felt the Mayor had covered all the points by reading Resolution No. 47-63 and he was satisfied with that. However, he feels the Council does have to make the necessary policies for the people of the City of Bakersfield, that it does have to take the necessary steps to see that the City is run in an orderly fashion. He thinks the Council as a whole should go on record as recommended by the Inter-Group Relations Board, that some type of communication should go out to inform the public that groups that come into the City to disturb and upset the harmony of all the people are not welcome, and that some communications should be sent to inform the heads of the various organizations of this feeling on the part of the Council. He therefore made a motion that some type of communication be sent to the head of the Kern County Citizens Council informing him that the Council is not in harmony with the teachings of that group.. Mayor Karlen said this would open the door for condemnation of many groups and he does not think this is in the province of the Council as a whole, that he thinks each of the Council members as individuals can express an opinion without making a judgment as a Council, since it is not a body for judgment but one for legislation. Councilman Hosking said that as he understood Mr. Rucker's motion, the Council would either adopt a Resolution condemning this organization or send them a letter telling them the Council condemns them. He said he was very much moved by the sincerity of the commit- teefrom the Inter-Group Relations Board and proud of his appointee, Mr. Fred Cronkhite. He said he must vote as a representative of the people in his ward, must make a moral decision, make a stand, right or wrong. He said the decision required of him is not easy. The idea of a Citizens Council in Kern County is utterly foreign to him:. he does not know a single member. In looking over the literature given him last week, it struck him that it was an effort to bring legal segregatin back to life. He went on to say that the decisions of the Supreme Court of the Union States are his law, the law, and 6¸8 Bakersfield, California, January 31, 1966- Page 5 he is obligated to uphold and defend these decisions which interpret the Constitution. He said that he is convinced this City Council cannot pass an ordinance which would control the actions of the Kern County Citizens Council. He said he cannot condemn this group as a Councilman of the Fourth Ward. Councilman Park said that regarding C~uncilman Rucker's motion, he cannot find it in his heart to condemn any group as a Councilman from the Third Ward. He said if the Council starts writing lette~ of condemnatic~ to various groups, there will be a long letter writing campaign ahead, because he is sure that every member of the Council can devise a long list of organizations they disagree with. He believes that it is unconstitutional for the Cily Council to take such action and that in a random poll taken, he disc- covered the people in his ward think so too. He believes that this; feeling is representative of the People in the City of Bakersfield. Regardless of whether we believe a man is right or not in his opinion, we must protect the right to believe that way, should he so desire. As £ar as philosophy regarding the Citizens Council, Councilman Park said he does not agree with them, but he would be setting himself up as a judge and he is not elected for that purpose. So if brought to a vote regarding condemnation of this group, or any other group, he would have to vote against it - any other group that is, that does not advocate the violent overthrow of the government. Councilman Rucker said he is concerned about disrupting racial harmony in the City, that he is not speaking for the minority race of people, he is speaking for the citizens of Bakersfield, that he is interested in all the citizens of Bakersfield. He said he had only recommended that some sort of communication be sent to the Citizens Council to inform them that the Council does not agree with the idea of their teachings. Mayor Karlen said he thought he knew what Councilman Rucker meant, that he did not want to condemn any particular group, he wanted to educate it. He asked if it would not be appropriate that 69 Bakersfield, California, January 31, 1966 - Page 6 copies of the Inter-Group Relations Board Resolution which promotes harmony, be sent to the~ and if they have some displeasure to ex- press, they could then bring their complaints before the Board, who would be very happy to hear them. Councilman Stiern said when the ~Inter-Group Relations Board was created, his vote was the one that decided the issue, that he had never regretted he had done so, but he woula regret it if the Council or the Board started singling out groups of people and telling them whether or not they could meet or whether they could enjoy freedom of speech. He said he thinks the Resolu- tion which created the Board is a good Resolution, and that it re- affirms the Council's position, how it feels about racial and ethnic harmony in the community. Councilman Stiern said that simply by sending those people a copy of the resolution will reaffirm the Council's position. Councilman Doolin said he has always been a firm believe~ in the right to belong to an organization, even though he might not approve of certain organizations, that there are many organi- zations that are classified as UnAmerican, although they are per- mitted to exist. He said it seems to him this organization is living back in 1867 instead of 1966. He said most of the people of his ward who have talked to him about this matter, stated it would be wrong for the Council to take a position relative to this organization. He said it is almost impossible to vote on prejudice, but he does not approve of any organization which tends to promote hate in the community. Councilman Whittemore said he feels his colleagues on the Council have expressed their views quite adequately, and there is nothing much to add without being repetitious, but he does not think this Council can vote against any group's right to assemble peaceably, or its right to freedom of speech, and he does not think the Council can take a stand and q.~n~te~ any group as long as it is abiding by the laws of the Country. 7O Bakersfield, California, January 31, 1966 - Page Councilwoman Balfanz said she agrees with the opinions of the rest of the Council, that they have expressed her views, the way she feels about the matter. After further discussion, it was moved by Councilman Stiern, that instead of sending out copies of the Resolution, the Mayor issue a proclamation reiterating the Council's belief in the Preamble and the Purposes of the Resolution creating the Inter- Group Relations Board and further state that he and the Council would welcome constructive opinions from any citizens to make that Board function more effectively. All the Council seconded the motion. Mayor Karlen said he thinks this is an excellent way to make known the Council's position publicly. Approval of Agreement with the Kern County Union High School District for use of City ~wimming Pools. Upon a motion by Councilman Hosking, seconded by Council- man Stiern, agreement between the City of Bakersfield and Kern County Union High School District for the use of the City swimming pools for the coming semester, was approved, and the Mayor was authorized to execute same. First reading given an Ordinance of the City of Bakersfield amending Chapter 7.48 of the Municipal Code of the City of Bakersfield by adding Section 7.48.020. At this time first reading was considered given an Ordin- ance of the City of Bakersfield amending Chapter 7.48 of the Munici-- pal Code of the City of Bakersfield by adding Section 7.48.020. Request for leave of absence without pay granted Jack Scott, Sanitation Crewman I. Upon a motion by Councilman Stiern, seconded by Council- man Park, request for leave of absence without pay until April 1, 1966, was granted Jack Scott, Sanitation Crewman I. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Council- woman Balfanz, Vouchers Nos. 2400 to 2461 inclusive, in amount of $18,653.82, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. 7 71 Bakersfield, California, January 31, 1966 - Page 8 Adoption of Ordinance No. 1598 New Series amending Title Seventeenof the Municipal Code of the City of Bakersfield by chang- ing the Land Use Zoning of those certain properties located in the City of Bakers- field commonly known as 914, 918, 922, 922A, 926 and 932 Flower Street. This being the time set for hearing on application by A. F. Tokash and Arnold Kirschenman, Jr., and the initiated action by the Planning Commission to amend Title Seventeen of the Bakersfield Municipal Code by Changing the Zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial - Architectural Design) Zone, for those certain proper- ties in the City of Bakersfield commonly known as 914, 918, 922, 922A, 926~andC~M9 FioSer B~reel{ hearing had been duly advertised had been received in her office. tbm~City Clerk reported that the and posted and no written protests She read the findings of the Planning Commission at its public hearing held January 5, 1966, at which hearing the Planning Commission had recommended that the zone change be approved. No protests or objections having been received, upon a motion by Councilwoman Balfanz, seconded by Councilman Hosking, Ordinance No. 1598 New Series amending Title Seventeen was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Ordinance No. 1599 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield commonly known as 911 through 943 Panorama Drive. This being the time set for hearing on application by Eugene C. prehoda, Jr. to amend Title Seventeen of the Bakersfield Municipal Code by changing the zoning boundaries from a C-1 (Limited Commercial) Zone to an R-1 (Single Family Dwelling) Zone for those certain properties in the City of Bakersfield commonly known as 911 through 943 Panorama Drive, the City Clerk rep~r(~d Bakersfield, California, January 31, 1966 - Pas;e 9 Council, man Rucker, that the hearing had been duly advertised and posted and no written protests had been received in her office. She read the finding of the Planning Commission at its public hearing held January 5, 1966, at which hearing the Planning Commission had recommended that the zone change be approved. No protests or objections having been received, upon a motion by Councilwoman Balfanz, seconded by Council- man Park, Ordinance No. 1599 New Series amending Title Seventeen of the Municipal Code was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern Whittemore Noes: None Absent: None Public Comment. During public ~omment, the Reverend Julius W. Brooks, vice-chairman of the Inter-Group Relations Board, addressed the Council relative to its action on the Board's request. Mr. Frank Baine of Los Angeles, a field representative for the Citizens Council of America, spoke at length about the activi- ties and purposes of this group, stating that his organization is not a hate group and is not anti-negro. Also, addressing the Council during this period, were Mr. Mel Brown, Target Area Director of an Anti-poverty program, and Mrs. Selene Stevens, a member of the National Council for Negro Women. One member of the Muslim group spoke to the Council. Adjournment. There being no further business to come before this upon a motion by Councilman Doolin, seconded by Council- the Council adjourned at 10345 P.~ . MAYOR of the City of Bakersfield, California ATTEST: ' 4~ MARIAN S~ IRVIN ~ CITY CLERK and Ex-Officio Clerk of the of the City of Bakersfield, California Council 73 Bakersfield, California, February 7, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. February 7, 1966. The Mayor called the meeting to order, followed by the Pledge of Allegiance and Invocation by the Reverend Paul Mangum of the Church of the Nazarene. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of January 31, 1966 were approved as presented. Reception of Report from Council Water and City Growth Committee and adoption of recommendation contained therein. Councilman Stiern, chairman of the Council Water and City Growth Committee, reported that the Committee has studied the proposal of the'proposed Greater Bakersfield M~nicipal Water District and i~s convinced that inclusion of the City of Bakersfield in such a District would be completely unnecessary and most detrimental, and listed many reasons for this belief. After discussion, it was moved by Councilwoman Balfanz, seconded by Councilman Stiern, that the report be received and placed on file, and the City Council Water Committee be instructed to appear before the Local Annexation Formation Commission at a meeting being held on February 8, 1966, to consider the formantion and boundaries of the Greater Bakersfield Municipal Water District, and request that the City of Bakersfield be excluded from such a proposed District. Councilman Doolin voted in the negative on this motion, stating that he did not feel the people in the City should be deprived of the right to vote on the formation of the Distric$. 74 Bakersfield, California, February 7, 1966 - Page 2 Reception of Report of the Governmental Efficiency Committee of Meeting held February 3, 1966. Councilman Whittemore, chairman of the Governmental Efficiency Committee, read a report of a meeting held on February 3, 1966, to consider a number of items on the Committee's agenda. Upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, the report was received and ordered placed on file. Auditor-Controller authorized to make necessary budget transfers in the Council's budget to compensate for certain depletions. As recommended by the Governmental Efficiency Committee in its report to the Council, upon a motion by Councilman Rosking, seconded by Councilman Stiern, the Auditor-Controller was authorized to make the following budget transfers: TRANSFER FROM 11-510-690 11-510-170 11-510-510 $1,731.44 400.00 1,536.56 TRANSFER TO 11-510-410 11-510-420 11-515-510 $1,258.06 1,047.44 1,362.50 This transaction is to transfer amounts as indicated abo~e, in order to liquidate obligations in the City Council's Professional & Consulting and Services NOC accounts and to provide for payment of the Mayor's car expense, as approved by the City Council on January 3, 1966. Approval of Contract with auditing firm of Speer, Chavez, Ruggenberg and Wright for year ending June 30, 1966. As recommended by Governmental Efficiency Committee in its report to the Council, upon a motion by Councilman Stiern, seconded by Councilman Whittemore, Contract with firm of Speer, Chavez, Ruggenberg and Wright of auditing city books for year ending June 30, 1966 was approved, and the Mayor was authorized to execute Ssl~e. 75 Bakersfield, California, February 7, 1966 - Page 3 Action deferred for two weeks relative to placing charter amendment on the ballot providing for equal pay for Fire and Police personnel. In its report to the Council the Governmental Efficiency Committee recommended that a proposal be submitted to the voters at the June Primary election by City Council initiative providing for equal pay for Fire and Police personnel, and that the City Attorney be instructed to prepare the necessary documents. In order to permit the Council to study the matter, action was deferred for two weeks. Approval of reclassification of positions in the Data Processing Division. In its report to the Council the Governmental Efficiency Committee recommended that the position of Account Clerk II within the Data Processing Division be reclassified to Tabulating Equipment Operator, at Salary Range 16, and that the position of Keypunch Operator be established in this division at Salary Range S. It was recommended also that the Personnel Department prepare the necessary job specifications for these two positions for approval of the Civil Service Commission. Upon a motion by Councilman Hosking, seconded by Councilman Doolin, the recommendations of the Committee were adopted. Allowance of Claims. Upon a motion by Councilman Doolin, Balfanz, Vouchers Nos. 2462 to 2513 inclusive, as audited by the Finance Approval Committee, authorization was granted for payment of same. Adoption of Ordinance No. 1600 New Series amending Section ?.48.010 of the Municipal Code of the City of Bakersfield and adding Section 7.48.020 (4). This was the time set for adoption of an Ordinance of the City of Bakersfield amending Section 7.48.010 of the Municipal Code of the City of Bakersfield and adding Section 7.48.020 (4), which had been given first reading at last week's meeting. Mr. Milton seconded by Councilwoman in amount of $20,4211.24, were allowed, and Bakersfield, California, February 7, 1966 - Page 4 Miller of the Padre Hotel filed a letter of protest to the entire Ordinance requesting that it not be adopted, and if so, that it not be considered retroactive. Milton Miller was granted thirty minutes to present his arguments to the Council and discussion by Mr. Miller and members of the Council continued for approximately one hour. The Council, at Mr. Miller's suggestion, amended Section 2 of the proposed Ordinance to read as follows: "Applicant is not in violation of Chapter 6.12 of the Municipal Code of the City of Bakers- field." Upon a motion by Councilman Hosking, seconded by Councilman Park, Ordinance No. 1600 New Series amending Chapter 7.48 of the Municipal Code of the City of Bakersfield by adding Section 7.48.024) (4) as amended, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Council recesses for five minutes. Upon a motion by Councilman Whittemore, seconded by Councilman Park, the Council recessed for five minutes at 10:10 P.M. Request from Francis B. Sullivan, et al for annexation and zoning upon annexation as multiple family residential and professional office zoning, of that certain property located between Columbus Avenue and 178 Freeway referred to the Planning Commission for study and recommendation. The Council reconvened, and upon a motion by Councilman Park, seconded by Councilman Whittemore, request from Francis B. Sullivan, et al, for annexation and zoning upon annexation as multiple Family residential and professional office zoning, of that certain property located between Columbus Avenue and 178 Freeway, was referred to the Planning Commission for ~tudy and recommendation. Acceptance of Street Right of Way Deed from Bruce Cornell Watson, for widening and improving Wible Road. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Street Right of Way Deed from Bruce Cornel Watson for twenty-five foot strip needed to develop Wible Road to its ultimate width between Ming Road and the Freeway Ramp, was accepted. 77 Bakersfield, California, February 7, 1966 - Page 5 Acceptance of Street Right of Way Deeds from Kern County Joint Union High School District for streets in vicinity of West High School. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, Street Right of Way Deeds from the Kern County Joint Union High School District for streets in vicinity of West High School were accepted. Encroachment Permit granted Mrs. Betty O'Brien Morris, 2512 Bay Street. Upon a motion by Councilman Stiern, seconded by Councilman Rucker, Encroachment Permit was granted Mrs. Betty O'Brien Morris, 2512 Bay Street, to construct a wheel chair ramp in sidewalk area on Chestnut Street, on condition that the ramp be removed When it is no longer needed. Acceptance of Work and Mayor authorized to execute Notice of Completion of Contract for Construction of Canal Crossing on Branch No. 1 of the Kern Island Canal at White Lane. Upon a motion by Councilman Whittemore, seconded by Council- man Doolin, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for recordation for Contract No. 106-65 for Construction of Canal Crossing on Branch No. I of the Kern Island Canal at White Lane. Adoption of Resolution No. 5-66 ordering the vacation of a portion of Owens Street between Truxtun Avenue and East 21st Street, City of Bakersfield. This being the time set for hearing on intention of the Council of the City of Bakersfield to order the vacat'ion of a portion of Owens Street between Truxtun Avenue and East 21st Street, under Resolution of Intention No. 807, the City Clerk reported that the hearing had been duly posted and no protests had been received in her offl6e. Mr. O. H. Hiebert objected to the closing of Owens Street stating that it would'cut off access to his business at 900 E. 19th Street, but if Parcel A, as set odt in the proposed vacation, was 78 Bakersfield, California, February 7, 1966 - Page 6 deleted, he would have no objection to the vacation of that portion shown in Parcel B. After discussion, upon a motion by Councilman Rucker, seconded by Councilman Doolin, Resolution No. 5-66 ordering the vacation, with the deletion of Parcel A, was adopted by the following vote: Doolin, Hosking, Park, Rucker, Stiern, Councilmen Balfanz, Whittemore Ayes: Noes: None Absent: None Adoption of Resolution No. 6-66 ordering the vacation of a drainage easement in Tract No. 1620, in the City of Bakersfield, California. This being the time set for hearing on intention of the Council of the City of Bakersfield, California, to order the vacation of a drainage easement in Tract No. 1620, City of Bakersfield, the City Clerk reported that this hearing had been duly advertised and posted and no written protests had been received in her office. No protests or objections being received, upon a motion by Councilman Whirremote, seconded by Councilwoman Balfanz, Resolution No. 6-66 ordering the vacation of the easement was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Other Public Statements. Mr. E. J. Starchef of 906 Jefferson Street addressed the Council, stating that he had not been able to negotiate any settlen~nt with the California Water Service Company to furnish water for his new home, and after discussion, City Manager Noland offered to take the matter up with the water company again and assist Mr. Starchef with his problem in any way possible. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Doolin, seconded by Councilman Park, the meeting adjourned at 11:25 P.M. ATTE ST: Council of the City of Bakersfield. MAYOR Of the City of Bakersfield:. the Bakersfield, California, February 14, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. February 14, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Norman G. Calloway of the Wesley Methodist Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Rucker, St iern, Absent: None Councilmen Balfanz, Doolin, Hosking, Park, Whittemore Upon a motion by Councilman Hosking, seconded by Councillaan Park, Item No. 1 on Page 3 of the Minutes of the regular meeting of February 7, 1966 was corrected to read as follows: Action deferred for two weeks relative to placing charter amendment on the ballot providing for equal pay for Fire and Polioe personnel. At its meeting of February 3, 1966, the Governmental Efficiency Committee heard a presentation from Fire Chief Charles Linnell, Deputy Chief Engineer C. C. Haggard and Assistant Chief Engineer R. S. Paddock on behalf of the Fire Department requesting the following: 1. The salary rate of compensation be equal between the Police and Fire Departments for the following classified position: Police Patrolman and Firefighter; Police Detective and Fire Engineer; Polioe Sergeant and Fire Captain; Police Lieutenant and Fire Battalion Chief; and Assistant Police Chief and Assistant Fire Chief. 2. The salary rate of compensation for the Deputy Fire Chief shall not be less than 10% greater than the Assistant Fire Chief. 3. The salary rate of compensation shall be equal between the Police Chief and Fire Chief. Also presented was a letter signed by Mr. Raymond G. Taylor, chairman of the Civil Service Commission, concurring with the request of the Fire Department. Chief Linnell asked that should 79 Bakersfield, California, February 14, 1966 - Page 2 the GEC not recommend for Council approval equal pay for Fire and Police personnel, that as an alternative, to recommend that an initiative measure be placed before the voters at the June election. Should the Council Committee not approved either of the above, Chief Linnell advised the firemen would take the matter to the voters by referendum. The Committee, after discussion, felt that the opinion of the majority of Council members had not materially changed since budget hearings. The Committee, therefore, recommended to the City Council that the proposal be submitted to the voters at the June Primary by City Council initiative and that the City Attorney be instructed to peepare the necessary documents. In order to permit the Council to study the matter, action was deferred for two weeks. The Ninutes of the regular meeting of February 7, 1966 were then approved as corrected. Communication from Department of Justice Re: Concrete and Steel Water Pipe Antitrust Cases, referred to the City Attorney and Director of Public Works for evaluation and report back to the Council in one week. Upon a motion by Councilman Hosking, seconded by Councilman Park, communication from the Department of Justice Re: Concrete and Steel Water Pipe Antitrust Cases, was received and ordered placed on file and referred to the City Attorney and the Director of Public Works for evaluation and report back to the Council in one week. Mayor issues Commendation to Boy Scout Troop 8 and Cub Pack 207. At this time Mayor Karlen read a commendation of Boy Scout Troup 8 and Cub Pack 207, who were present in the Council Chambers, and as a troop project had cleaned the debris from streets and alley of a portion of the Third Ward. Mayor Karlen stated that the Council had directed him to officially commend these boys on behalf of the citizens of Bakersfield. Copies of the Commendations were presented to Scoutmaster Robert Golf of Troop 8 and Cubmaster Chester Budd of Cub Pack 207. Bakersfield, California, February 14, 1966 - Page 3 Adoption of Report of the Recreation Committee re charges for operation of City pools. Councilman Rosking, chairman of the Recreation Committee, reported that the Committee had held meetings with Mr. Richard Achison and members of the citizens group who requested that the City continue its policy of making pools available for competitive swimming and had discussed the figures on operational costs for Jastro and California Avenue Park pools. The Committee and the citizens group reached complete agreement that the basis for charges on the operation of the pools will be identical to last year's charges. No requests have been made to open other pools, but if such requests are made, the Committee would recommend that the cost again be on the same basis as the prior year's. Upon a motion by Councilman Park, seconded by Councilman Stiern, the report was adopted. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers No. 2514 to 2588 inclusive, with the exception of No. 2524, in amount of $51,651.58, as audited by the Finance Approval Committee, were allowed, and authorization was granted for payment of same. Acceptance of Bids. Upon a motion by Councilman Whittemore, seconded by Councilman Rosking, bid of Crown Coach Company to furnish 1250 G.P.M. Pumper Fire Engineer, was accepted, and all other bids were rejected. Upon a motion by Councilman Rosking, seconded by Councilman Doolin, low bid of American Rubber Company to furnish Fire Hose was accepted and all other bids were rejected. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, annual contracts for Gasoline and Diesel Fuel requirements for 1966-67 were awarded to the lowest bidder meeting specifications as follows: Bakersfield, California, Shell Oil Company Standard Oil Sunland Oil Regular Diesel Fuel Regular Diesel Fuel Premium Diesel Fuel Shell Oil Regular Gasoline Richfield Oil Standard Oil Premium Gasoline Premium Gasoline February 14, 1966 - Page 4 Truck & Trailer Tank Wagon Truck & Trailer and Tank Wagon Truck & Trailer and Tank Wagon Tank Wagon Truck & Trailer bids were contract. All other bids were rejected, and the Mayor was authorized to execute the contracts. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, bid of Kern Battery Mfg. Co. for annual contract for everyday purchases of Automotive Batteries was accepted, all other rejected, and the Mayor was authorized to execute the Upon a motion by Councilman Whittemore, seconded by Councilman Rosking, unit prices bid by GKM Electric, with deletion of Items 6 and 7 from the project, for the construction of Traffic Signals at Ming Avenue and Wible Road were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Leave of absence without pay granted Assistant Police Chief Charles Dodge. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, a seventy day leave of absence without pay was granted Assistant Police Chief Dodge, beginning April 1, 1966. Acceptance of resignation of V. M. Munn as Member of the Housing Advisory and Appeals Board. Upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, resignation of V. M. Munn as member of the Rousing Advisory and Appeals Board was accepted, and a letter of commendation was ordered sent to Mr. Munn for his service on this Board. Approval ef conveyance of Easement adjacent to Oakdale Drive and Verde Street to the State of California. Upon a motion by Councilman Doolin, seconded by Councilman Stiern, conveyance of Easement adjacent to Oakdale Drive and Verde Street to the State of California was approved, and the Mayor was authorized to execute the Deed. 83 Bakersfield, California, February 14, 1966 - Page 5 Council, Councilman Hosking, Adjournment. There being no further business to come before this upon a motion by Councilman Doolin, seconded by the meeting adjourned at 8:50 P.M. MAYOR of the City of Bakersfield. ATTE ST: CITY CLERK ana ex-ox~icio c,er~ of the Council of the City of Bakersfield, California. 84 Bakersfield, California, February 21, 196($ Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. February 21, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Glenn Puder of the First Presbyterian Church. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilman Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of February 14, 1966 were approved as presented. Disabled American Veterans Bakersfield Chapter 20 Auxiliary publicly commends the Bakersfield City Council for its patriotic support of United States policy in South Viet Nam. Mrs. Dorothy Flynn, Commander of the Disabled American Veterans Bakersfield Chapter 20 Auxiliary, read a Proclamation publicly praising and highly commending the Bakersfield City Council for its public stand taken and its patriotic support of United States policy in South Viet Nam. Presentation from representatives of minority groups in the Council Chamber to be given under "Other Public Statements." Councilman Rucker asked the Mayor if the minority groups present could not make their presentation at this time, but inasmuch as these public statements had not been scheduled, it was deemed advisable by the Council and the representatives of the minority greups, to submit their presentation under "Other Public Statements" at the end of the Agenda. Bakersfield, California, February 21, 1966 - Page 2 Mayor directed to issue Proclamation thanking the officers and men of Attack Squadron 146 for using the name of "City . of Bakersfield" on one of their aircraft. A communication from H. B. Loheed, Commander of Attack Squadron 146 (The Blue Diamonds) requesting authorization to use the community's name on one of their A4C Skyhawk aircraft, was read, and upon a motion by Councilman Whittemore, seconded by Councilman Park, permission was granted to name one of the aircraft "The City of Bakersfield", and the Mayor was directed to issue a proclamation expressing thanks to them for thinking of the community and wishing them the best of luck and God Speed in their efforts in Viet Nam. In seconding the motion, Councilman Park said the letter mentions it would be an honor to the squadron to allow them to use the City of Bakersfield's name, but he feels the honor is the City's: to have its name on the aircraft. Reception of letter from Commander H. B. Loheed, Attack Squadron 146, Upon a motion by Councilman Park, seconded by Councilman Hosking, letter from Commander H. S. Loheed of Attack Squadron 146, was received and ordered placed on file. Council Statement by Councilman Richard Stiern re the proposed Greater Bakersfield Metropolitan Water District. Under Council Statements, Councilman Richard Stiern, reported on a meeting held before the LAFCO Board, at which the Council Water. Committee requested the exclusion of the City of Bakersfield from the proposed Greater Bakersfield Metropolitan Water District. As a result of the LAFCOsplit vote, the City will have anunwanted election thrust on it by the Water Agency. He stated that he believes it is time for facts - not words, and set out the basic issues on which every Councilman and every thinking voter can make an intelligent decision, as follows: 86 Bakersfield, California, February 21, 1966 - Page 3 1. How much water do we need, and when do we need it? 2. How long will it be economical to pump our underground supply7 3. How much will Delta Water really cost? 4. How much will Kern River water cost? 5. Can we use our underground water until the Eastside project is a reality? He stated that a reputable evaluation is possible, and the Council must accept the responsibility to provide it. The economic development of the community demands it. Mayor Karlen said they do have a selling job to do and facts will be brought out shortly which will be available to the Council and to the public as well. Adoption of Resolution No. 9-66 authorizing the Attorney General of California to conduct Legal Proceedings. This was the time set to consider communication from the office of the Department of Justice, Re: Concrete and Steel Water Pipe Antitrust Cases. Director of Public Works Bergen reported that from 1946 to 1953 the City by contract, had installed approximately $700,000 worth of concrete pipe, and part of this at least can be considered in connection with the letter received from the Justice Department. City Attorney Haagland stated that the State of California has filed a suit against certain manufacturers of concrete and steel. pipe on behalf of itself and on behalf of a class consisting of all public entities which have purchased water pipe used in water supply system,.for conspiracy to fix the price of pipe and submitting collusive bids directly to the public agencies. In order to participate in the suit for the recovery of any damages, the City has been asked to. intervene in the suit with the State of California. Upon a motion by Councilman Bosking, seconded by Councilman Park, Resolution No. 9-66 authorizing the Attorney General of California to conduct legal proceedings, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Bakersfield, California, February 21, 1966 - Page 4 Report from Director of Public Works on landscaping Freeway 99. Director of Public Works Bergen reported that he had called Mr. Van Voorhies of the State Division of Highways and as assured that the schedule still calls for them to advertise for the landscap- ing of Freeway 99 and urban Bakersfield area in February, and the bids will probably be opened in April. He stated that he would report back to the Council as soon as the State hasofficially advertised for bids for this project. Adoption of Governmental Efficiency Committee Report on proposal to place measure before the voters on the question of equal compensation for Police and Fire personnel. Councilman Whittemore, chairman of the Governmental Efficiency Committee, reported that the Committee had recommended in its report of February 3, 1966, that a measure be placed before the voters at the June election on the question of equal compensation in salary rates between the Police and Fire personnel. At that time, members of the Council requested more time to study this proposal and it was scheduled to be on the agenda for this evening's meeting. During the interim, the GEe has had occasion to meet with the representatives of both Police and Fire Departments and has taken into consideration a number of factors that were not considered previously. In light of this, the GEe would now recommend that the matter of placing this as an initiative measure before the voters be tabled until the GEC has had an. opportunity to meet further-and continue its discussions and study with representatives of these departments and other members of the Administrative staff. The GEC will report back to the Council on its progress. It was moved by Councilman Stiern, seconded by Councilman Hosking, and carried, that the report be. received, filed and adopted, and that the matter be tabled. 88 Bakersfield, California, February 21, 1966 - Page 5 Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 2589 to 2712 inclusive, in amount of $67,246.616 as audited by the Financ~ Approval Committee, were allowed, and authorization was granted for payment of same. Adoption of Resolution No. 7-66 to the Board of Supervisors of the County of Kern for the exclusion of all property within the Corporate Limits of the City of Bakersfield from the levy of taxes for Structural Fire Protection for the fiscal year 1966-67. Upon a motion by Councilman Rucker, seconded by Councilwoman Ballaria, Resolution No. 7-66 to the Board of Supervisors of the County of Kern for the exclusion of all property within the Corporate Limits of the City of Bakersfield from the levy of Taxes for Structural Fire Protection for the fiscal year 1966-67, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Resolution of Intention No. 809 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of the alley in Blocks 180 and 181 of Godey Tract, City of Bakersfield. Upon a motion by Councilwoman Balfanz, seconded by Councilman Doolin, Resolution of Intention No. 809 of the Council ~f the City of Bakersfield, California, declaring its intention to order the vacation of the alley in Blocks 180 and 181 of Godey Tract, City of Bakersfield, and fixing March 14, 1966 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None 89 Bakersfield, California, February 21, 1966 - Page 6 Eirst reading of An Ordinance of the Council of the City of Bakersfield amending Section 3.68.110 (a) (Employee Classification) of the Municipal Code by adding the positions of Tabulating Equipment Operator and Keypunch Operator and by changing the Range Number for the position of Engineer III. At this time first reading was given to An Ordinance of the Council of the City of Bakersfield amending Section 3.68.110 (a) (Employee Classification) of the Municipal Code by adding the positions of Tabulating Equipment Operator and Keypunch Operator and by changing the Range Number for the position of Engineer III. Approval of Classificationsand Specifications for the positions of Tabulating Equipment Operator and Keypunch Operator. Upon a motion by Councilman Whittemore, seconded by Council- woman Balfanz, Classifications and Specifications for the pssitions of Tabulating Equipment Operator and Keypunch Operator were approved. Adoption of Resolution No. 8-66 of the Council of the City of Bakersfield ascertaining and determing the prevailing rate of wages to be paid to certain crafts and types of Workman employed on Public Work in the City of Bakersfield. Upon a motion by Councilwoman Balfanz, seconded by Council- man Stiern, Resolution No. 8-66 of the Council of the City of Bakers- field ascertaining and determining the prevailing rates of wages to be paid to certain crafts and types of Workmen employed on Public Work in the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Rosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Approval of Agreement with Mr. Howard Be11 to drill oil wells at Sanitary Landfill. Upon a motion by Councilman Doolin, seconded by Councilman. Park, Permit and Agreement with Mr. Howard Bell to drill oil wells at the Sanitary Landfill, were approved, and the Mayor was authorized to execute same. 9O Bakersfield, California, February 21, 1966 - Page 7 Requests for annexation from St. Luke's Episcopal Church and Elders of East Bakersfield Church of Christ referred to the Planning Commission. Upon a motion by Councilwoman Balfanz, seconded by Council- man Stiern, requests for annexation from St. Luke's Episcopal Church and the Elders of East Bakersfield Church of Christ of property to be included in the proposed Oswell No. 5 annexation, were referred to the Planning Commission for study and recommendation. Approval of Salary Step Advancements. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, salary step advancement for Larry E. McNeill, Engineering Draftsman, from D to E, effective February 1, 1966, and the follow- ing salary step advancements, effective March 1, 1966, were approved: J. Bennett,Jr. F. A. Fabbri Osborn Fisher Dewey D. Jones, L. E. Nicola J. K. Stotts L. L. Suniga Jr. Sanitation Crewman II C to D Maintenanceman II E to F Sanitation Crewman D to E Motor Coach Operator C to D Maintenanceman II D to E Fire Captain E to F Sewer Maintenanceman D to E Date set for hearing on appeal by R. L. Ralph to decision of the Board of Zoning Adjustment granting application of Mary Sue Ming for a variance to permit the operation and maintenance of a beer parlor on that certain property commonly known as 731 Chester Avenue. Upon a motion by Councilwoman Balfanz, seconded by Council- man Rucker, date of March 14, 1966 was set for hearing beforetthe Council on appeal of R. L. Ralph to decision of the Board of Zonisg Adjustment granting application of Mary Sue Ming requesting a variance of a C-1 (Limited Commercial) Zone to permit the operation and main- tenance of a beer parlor on that certain property commonly known as 731 Chester Avenue. Claim from Clyde Stickler for damages to automobile referred to the City Attorney. Upon a.motion by Councilwoman Balfanz, seconded by Council- man Rucker, claim from Clyde Stickler for damages to his automobile was referred to the City Attorney for handling. 91 Bakersfield, California, February 21, 1966 - Page 8 Approval of Agreement with~the Southern Pacific Company for the Improvement of California Avenue Crossing with Buttonwillow Branch Railroad. Upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, agreement with the Southern Pacific Company for the improve- ment of California Avenue Crossing with Buttonwillow Branch Railroad, was approved and the Mayor was authorized to execute same. Approval of Joint Exercise of Power Agreement with the County of Kern for participation in cost of crossing protection at California Avenue and McKittrick Branch Railroad. Upon a motion by Councilman Rucker, seconded by Councilman Stiern, Joint Exercise of Power Agreement with County of Kern for participation in cost of crossing protection at California Avenue and McKittrick Branch Railroad was approved, and the Mayor was authorized to execute same. Approval of Agreement with Atchison, Topeka and Santa Fe Railroad Company for the Improvement of "L" Street Crossing with the Santa Fe Main Line Track. Upon a motion by Councilman Stiern, seconded by Councilman Hosking, agreement with Atchison, Topeka and Santa Fe Railroad Compa~y for the Improvement of "L" Street Crossing with the Santa Fe Main Line Track, providing for the installation of No. 8 flasher lights at the "L" Street crossing and removal of existing wigwag signals, was approved, and the Mayor was authorized to exeu~te same. Other Public Statements. ~ Mayor Karlen asked if the group present had spokesmen, and if so, he would appreciate i~ l~ they would address the Council and conform to the provisions of the Ordinance covering the conduct of the meeting. If there are others to be heard, he said he would hope that they would not be repetitious insofar as their presentation is concerned. He said the Council is willing to listen to anyone who wishes to be heard in regard to City matters. Bakersfield, California, February 21, 1966 - Page 9 Reverend Julius W. Brooks asked if it would be possible to permit the people who were standing outside the chamber doors in the lobby to come inside and hear the presentation. The Council Chambers were filled to capacity, and those people standing in the lobby were permitted to come in and stand in the back. Reverend Brooks stated he was present tonight as a follow-- through. On January 31, 1966 before the Council, statements were made that became a part of the Council record. The statements were made by an individual by the name of Hrank Baine. He said the minority community was greatly perplexed as to the extent of the accuracy of the statements and the harmonious feeling in the community was disturbed. He said the minority citizens found it impossible to remain quiet and were responding tonight to some of the statements and wanted to point out the inaccuracy of the statements made. He proceeded to go through a copy of the statements made by Mr. Baine and refuted them one by one before the Council. He said we hear a lot of talk about outside agitators. There were no outside agitators which brought our appearance here tonight. What they want to safeguard is the activity of the Negroes of Bakersfield in line with the Constitution, in line with the citizens and taxpayers, in line with the other activities and services of our City in which we participate. Be said they felt it was quite unfair that Mr. Baine could come to the City and visit it and go away with such pride and feeling of conquest and accomplishment by heaping praise upon the Council for freedom of speech, which to them was not an issue at all, but rather the material and literature which propagated hate and segregagion. Reverend Brooks spoke to the Council for approximately 45 minutes. He said that the Council should have commented on the material which was presented to them, that the Proclamation issued by the Mayor did not cover the material which the Council had a week to study and knew what the Citizens Council stood for, their aims and purposes. Mr. Mel Brown then addressed the Council and said he Bakersfield, California, February 21, 1966 - Pag.~ 10 hoped the members understood what they were doing tonight, because the Negro in the Bakersfield community was deeply injured and hurt, and bitterly disappointed, not so much by the things that Frank Bain,~ said, but by the things that the Council never said. Tonight the minority groups have some things they must say, that none of the things were meant against any particular Councilman or any particular group. He then discussed the statements made by Mr. Baine in great detail and recited stories of Negro History. Mr. Dennis Evans then addressed the Council stating that all are aware of the social injustice which is present in this nation since its very beginning. He said he wanted to see an end of racial strife. He discussed statements made by Mr. Frank Baine and the effect on the minority groups in the community. He said that the white and negro peoples join ~heir forces and bring freedom and justice to all in this great nation. Mayor Karlen offered to the offices of the Mayor to any group of people or to any individuals who would like to come to him with suggestions as to what can be done to help any deprived individuals, any people in need. He has always said this and hopes that any people who have any suggestions, will bring them to him. Mr. Mel Brown indicated that he had a list of things which he would like to suggest, stating that they were specific proposals to improve the lot of the poor here in Bakersfield. They are as follows: 1. Under employment. The MDTA program should be strenthened and accelerated so that more meaning- ful training in the area of nursing, clerical, mechanics, equipment operation, electrical appliance repairing, etc. would be offered to more people. 2. In conjunction with the MDTA program, the City of Bakersfield should give serious consideration to establishing a large job training center where any unemployed or under-employed person can re- ceive training that will lead to placement in a productive job, either here or elsewhere. 94 Bakersfield, California, February 21, 1966 - Page 11 The City of Bakersfield should formally support the efforts of the Target community to establish a work experience and work training project in the Sunset- Mayflower area, that would employ some two hundred persons in meaningful work. A public works project should be implemented that would provide employment - parks, recreational areas, improving county and city roads for those who have very few, if any skills and cannot successfully fi~ into any of the other programs. The Elementary and Secondary Education Act Program should be expanded next year to include reduced classrom size, more tutoring, closer community relationship, work experience for high school students and redrawing of school boundaries to provide for more integration, and the employing of more minority teachers. The City of Bakersfield and the County of Kern should ~ake vigorous steps to encourage and seek out and employ minorities in meaningful City and County positions, in visible positions. The argument of not being able to find qualified persons should not be used. If qualified persons cannot be found, steps should be taken to train persons to be qualified. This can be done bhrough Federal Funds. The City of Bakersfield and County of Kern should instruct the Recreation Department to begin to work closely and in earnest with the Target community to establish a large cultural and recreational community center at California Avenue Park, Jefferson Park and Belle Terrace Park, that would provide cultural and educational activities for teen-agers, adults and senior citizens. That is an urgent need. Efforts should be made by both County and City to make it economically feasible and advantageous for industry to move into Bakersfield. To take steps to insure that a maximum amount of the labor utilized comes from the City area. All of the above mentioned programs that I am proposing as an individual, all of these can be donewith Federal Bunds, except the last one, and study of their feasibility should begin immediately, because I do not believe you can afford to do anything less. Bakersfield, California, February 21, 1966 - Page 12 Mayor Karlen said he thought some of these things were in the process of being evaluated at the present time but the City does not have an active role in it, but other groups are working on these projects for the City and County areas. He suggested that if they had a separate project that the City sould be working on, they should come to him and they could evaluate it. further. Councilman Rucker said perhaps it was fortunate that Mr. Baine had made his statements, because it brought so many people to the Council meeting. He pointed out the number of improvements in many areas that had occured in the City since he moved here in 1946. He said he was p~oud of the many people who had been working so hard to improve the community for the minority groups, although there was still a lot to be done. Reverend Brooks said the Council should take a new look at its Inter-Group Relations Board and try to appoint people to serve on it who are in the field of industry and competent to deal with human relations, company-controlled people who can speak with freedom and do not have to contact their councilmen to find out what to say, that they speak in the best interests of the City. Councilman Rucker said if there were problems which existed with the Inter-Group Relations Board, Reverend Brooks should have brought it to the attention o£ the Council sooner. Mayor Karlen commended the people who had presented state- ments for their decorum and stated the impact of their statements would not have been as good, if they had not had someone like Mr. Braine to stimulate them, not that he agreed with Mr. Baine. Mr. John McCoy, a teacher,then addressed the Counci~ stating that he would like to mention what he thinks is required is to see a group put together to help parents understand the purposes of the school and help support the schools and what the teachers are trying to do in the class rooms. 96 Bakersfield, California, February 21, 1966 - Page 13 Be said if they wer ever going to b~eak the cycle of poverty it must in essence eventually come through elevating the jobs that people can hold, and this con only be done in steps to education, that you can talk to the children, but the parents must also understand and back up what is being taught in the classroom. Councilman Doolin said he thought all of them were in favor of freedom of speech and he said he was heartily in favor of what Reverend Brooks and Mr. Brown said, that he could not find one thing wrong, and he could not find one thing right with What Mr. Baine said. He said he would like to know what the particular thing was the people here tonight wanted the Council to do. whether they wanted a study group or not. Mayor Karlen said he did not think in his opinion it would be appropriate to take action at this time, but they should study it. Councilman Park said in the course of the evening he listened trying to find the actual purpose of the gathering, sand said he was glad to see a crowded chamber. He said he heard Reverend Brooks speak of the Citizens Council, that the Council had already taken a stand by the Proclamation, of opposition to this group. He said then the Council heard Mr. Brown speak of an anti-poverty program. That he was not sure what the direct purpose of the meeting this evening is. He said he saw quite a number of persons, and most the ones who spoke, were involved with the $75,000 Federal Grant. So it makes him wonder if it is also a demonstration of what Mr. Brown can do with $75,000 in Federal grants in bring a group out. He said we have taken action regarding the White Citizens Council and in searching his conscience and talking to various people since, he wondered what is the area in between that was suggested might be there with no positive suggestion as to what it might be. He said the Council took the right action, took all the action they were permitted to by the Constitution of the United States. So if there is further action they can take in that regard~ he still hasn't heard it from anyone. He said he did not believe that 97 Bakersfield, California, February 21, 1966 - Page 14 even though we disagree with a particular group or a particular individual that we can stifle their freedom of movement unless they advocate the overthrow of our government in a violent manner. Councilman Hosking asked the Mayor if they were having a Council meeting tonight. Mayor Karlen permitted Mr. Carlos Banales to speak. He said he did not want any members of the White Citizens Council in the community and that members of his family were being harassed by this group. Councilman Hosking asked for a point of order. Were they running an open forum, or was it a Council meeting? He then stated that he wanted the record.~to show that he objected to the manner in which the Mayor was conducting this meeting. That they had an agenda and they are supposed to have statements but they are also supposed to be shut off eventually and the meeting come to an end. If they are going to sit and argue with the people in the audience, that is another thing. Mayor Karlen said he did not believe they were going to argue with them, but Councilman Hosking can make it a matter of record that he objects to the way he is conducting the meeting. Reverend Brooks again asked to speak and the Mayor told him he didn't intend to continue with any arguments. Reverend Brooks said he wanted to reply to Councilman Park's remarks, that the people present were not Mr. Mel Brown's workers. Councilman Park said he didn't believe he made a statement that even sounded like he thought the people present were Mr. Me1 Brown's workers. Mrs. Selene A. Stevens then addressed the Council on the reason for the minority groups being present at this meeting. Bakers£ield, California, February 21, 1966 - Page 15 Councilman Park asked permission to reply to Nrs. Stevens saying that she mentioned his n~me and spoke directly to him durint~ her presentation. He said he was very sure of her reasons for being here and her statements were laudable, that he certainly appreciated what she had to say. He said he believed a statement being issued~. highly disparaging of the Council, signed by 21 Negro leaders in this community, without giving the Council the bene£it of seeing what their criticisms were, is not the method by which to go about reasoning together. Not without coming forth with some positive suggestions. The only way they can run the City is with the help of all the citizens. If the action that the Council took regarding the situation ~hat was before them is incorrect, what is a positive suggestion? Councilman Rucker said he did not think they were going to ask for an answer tonight. Councilman Stiern then commended Councilman Rucker very highly, saying that actually he didn't need any acclaim from him as every day he was appreciated more and more by all the decent citizens of this town. A general discussion ensued between the Council and the Nayor, and the public statement portion of the meeting was then closed. Adjournment. There being no further business to come herore the Council, upon a motion by Councilman Doolin, seconded by Councilman Whittemore, the meeting adjourned at 11:25 P. N. N YOR of the City o~ Bakers£iel~, Ca~if. ATTEST: and ex--~fici~- C~ o£ the Council of the City of Bakersfield, California Bakersfield, California, February 28, 1966 99 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall Pledge of Executive Present: at eight o'clock P.M. February 28, 1966. The Mayor called the meeting to order followed by the Allegiance and Invocation by the Reverend Ralph W0 Bolick, Secretary of the Greater Bakersfield Council of Churches. The City Clerk called the roll as follows: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Absent: None Minutes of the regular meeting of February 21, 1966 were approved as presented. Matter of placing an initiative measure before the voters on equal compensation for certain classified positions in the Fire and Police Departments, taken off the table. Councilman Whittemore, chairman of the Governmental Efficiency Committee, reported that the Committee has been meeting with the representatives of the Police and Fire Departments and other members of the City staff on the question of equal compensation for Fire and Police personnel and other related matters effecting their employment. On February 3, 1966, the GEC reported that representatives of the Fire Department had met with the Committee to request equal salary compensation for Fire and Police personnel and should the Committee not recommend favorably on the request, the Fire Department representatives then requested that the Council place the proposal before the voters at the June primary. In its report of February 21, 1966, it was the conclusion of the Committee that the opinion of the majority of Council members had not materially changed since budget hearings, and therefore, the Committee could not recommend that the Council approve this request and did at that time request that the Council place it on the ballot as a charter amendment. The Committee recommended that the matter be tabled until it had an opportunity to tO0 Bakersfield, California, February 28, 1966 - Page 2 meet further and continue its discussions and study with representatives of the Police and Fire Departments and members of the Administrative staff, which was done at meeting of February 21, 1966. Councilman Whirremote stated that the Council is now submitting this question for full Council discussion and determination, and a general discussion then followed. Councilman Stiern asked the chairman to enlarge upon the opinions that were expressed to the Committee by the representatives of the Fire Department and the Police Department, for the edification of the other Council members. Councilman Whittemore said he thought they could boil three meetings down into a few words. The Police Department feels that they should remain separate from the Fire Department in any salary consideration, the Fire Department feels they are entitled to equal pay with the members of the Police Department, and there are other areas to explore. Councilman Park said he would like to add a couple of things to Mr. Whittemore's statements. One thing that the Police Department was concerned about is that if the Fire Department salaries are brought up equal with the Police Department, the actual s~lary would still not be the same, because the Fire Department has an advantage in its retirement system, also, there is an additional load on the Police officers in maintaining uniforms, that the Firemen are not encumbered with to as great a degree as the Policemen. He said these things were taken into consideration during budget sessions last year when pay increases were discussed for these two departments. Also, they had encountered the matter of the police officers leaving the department for higher paying jobs with the Highway Patrol and the Sheriff's office, but they have not had that trouble with the Fire Department, turnover has been very low. All these things were taken into consideration last summer when the Council decided to give the Police Department a §% increase over and ~ove the Fire Department. 101 Bakersfield, California, February 28~ 1966 - Page 3 Councilman Hosking said that from what he understands, the turnover in the Police Department has almost ceased as a result of this raise, in fact some of the people who had left to take employment elsewhere had now returned. He said if the Council is wrong, he would like to see the measure on the ballot so that the people can tell them if it is wrong, that he has no thoughts about whether it should be a referendum or initiative. Mayor Karlen said he knew very little about the Police Department retirement system and asked what kind of a system they had that was contrary to the Fire Department's, and if this was something that could be rectified. City Manager Noland said it is somethi~that can be rectified but it will cost a little more money than what they are presently paying to change the Police Department retirement system. At present the City is contributing 2 to 3% more to the Fire Department retirement system than what they are to the Police Department's, whose main objection to its retirement system is that it does not provide for survivors' benefits in the same manner as that of the Fire Department. Councilman Rucker asked what the turn over in the Police Department has been since the raise was given last budget session. Councilman Whittemore said without going into a lot of details, the turn over in the Police Department cannot be attributed entirely to transfers to other law enforcement agencies. Councilman Stiern said that represented oneopinion, but the'majority of the Council last June felt this turn over was expensive and unnecessary and that an increase in salary would put the Police Department in a competitive position with other law enforcement agencies md the facts seem to bear out that the turn over has substantially decreased. Councilman Whittemore pointed out that the vote was unanimous by the Council to give the Police Department an increase in salary, but it was the majority of the Council who didn't feel that the Fire Department should have an equivalent raise. 10:] Bakersfield, California, February 28, 1966 - Page 4 Councilman Doolin said that in previous years the Council has always tried to keep these two departments together as far as salary is concerned. The matter of differences in the retirement system has been brought to the attention of the Council many times, but the F~e Department had prevailed upon the voters to adopt their present retirement. He said he hoped the difference in salary does not create a feeling of disagreement between the two departments ~d he would be willing to vote to equalize the retirement and the matter of uniforms. He said he hates to think the Council will make it necessary for the Firemen to go out and get signatures on a petition to place this matter on the ballot. Councilman Park said he certainly has not objection to this matter going to the people for them to decide, he feels the Council has done all that it can do, that it has acted properly. He is a strong believer in like pay for like work and he doesn't believe there is a similarity between the two departments as far as work is concerned. He said he thinks that difference is borne out by the fact that there is a waiting list to go to work for the Fire Department, that the turn over rate is low, and according to Chief Linnell, the efficiency is good. He said he doesn't believe a charter amendment to force the salaries of the two departments to be equal leaves the budgetary flexibility that the Council requires in handling the fiscal affairs of the City. However, he has no objection to the people voting on it. Councilman Doolin said he wouldn't want to argue about which department is the best, he thinks both of them are outstanding. Councilman Stiern said he didn't think it was a question of which is the best department or which one is the most efficient, he thinks they are both good departments. He said he thinks legislative bodies such as the Council are going to have to give increasing support to police work, that it is going to be increasingly difficult to recruit young men into law enforcement where they are desperately needed. Men who are expected to accept the hazards that go with law enforcement, 104 Bakersfield, California, February 28, 1966 - Page 5 are going to have to be paid a fair salary. He said he still think that the action the Council took last June was a sensible action in attracting men to the Police Department. He said there is only one City in the San Joaquin valley that doesn't have a differential between the salaries of the two departments. Councilman Doolin again stated that he hated to see the possibility of the two departments having a difference of opinion and that the Fire Department has stated that if the Council didn't vote to put it on the ballot, they would circulate petitions to do so. He said he didn't think either of the departments was being paid enough. He then moved that it be put on the ballot. Mayor Karlen said that the initial motion would have to be to bring it off the table. But he said the Council should first define what they are going to put on the ballot. City Attorney Hoagland said the original discussion was tabled, and after it is taken from the table, then the motion should be specific as to just what should go on the ballot. He said the original proposal called for equal pay for comparable classifications and that should be referred to in any motion. Councilman Doolin said he thought the Attorney could draw it up with the proper wording, and moved thatit be taken off the table. Councilman Rucker said he wanted to second the motion. Under discussion of the motion, Councilman Park said that although he believes the people have the right to vote on this matter, he does not believe that it is good judgment to lock salaries together through a charter amendment, not giving the Council the flexibility to meet the problems as they arise through the years, because if it is locked by charter amendment, the only way it can be changed is through another charter amendment or taking it to the people again. He said he is in opposition to such a rigid situation and he believes that a vote by the Council would be interpreted by the people as the Council being in support of such a measure, therefore it will be necessary for him to vote against the motion. 105 Bakersfield, California, February 28, 1966 - Page 6 Councilman Stiern said Mr. Park's point is that to vote against taking it off the table would indicate that he does not approve of locking the two salaries in the alternative would be for the department to which is always open. are not charter, and the go for a referendum, Councilman Park asked why take it off the table if you going to adopt it. Councilman Hosking said he is going to vote with Mr. Doolin and Mr. Rucker to take it off the table because he promised he would when it was put on the table,' however, for the same reason advanced by Mr. Park he intends to vote against this matter being put on the ballot by the Council,rbecause in his judgment he does not think it is a good charter amendment. Councilman Whittemore called for the question, and the motion carried, with Councilman Park voting in the negative. Councilman Doolin then moved that compensation for Fire and Police personnel at the June primary election, as stated in the proposition of equal be placed on the ballot the February 3, 1966 report of the GEC. The City Attorney was instructed to prepare the wording of the charter amendment for the approval of the Council. Councilman Rucker said he would second this motion as he felt the public should be given the opportunity to vote on it. The Council again engaged in a general discussion. Councilman Hosking then moved to vote on the previous question which was only rather or not they should vote on Mr. Doolin's motion. After discussion, Councilman Park seconded the motion, and it carried unanimously. 106 Bakersfield, California, February 28, 1966 - Page 7 to in the Fire and Police Departments on the ballot failed to carry by the following roll call vote: Ayes: Councilmen Doolin, Rucker, Whittemore Noes: Councilmen Balfanz, Hosking, Park, Stiern Absent: None Motipn~ ¢oumci~man Doolin, seconded by Councilman Rucker, place the proposition of equal pay for certain classifications at the June primary Reception of Report of the Governmental Efficiency Committee Meeting of February 28, 1966. Upon a motion by Councilman Hosking, Stiern, Report of the Governmental Efficiency seconded by Councilman Committee meeting of February 28, 1966 was received and ordered placed on file. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 2711 through 2774 inclusive, in amount of $24,223.19, as audited by the Finance Approval Committee, and authorization was granted for payment of same. Discussion of design of official City Seal on ceramic tiles purchased by the Mayor. covering and hangers, momentoes to in the past. were allowed, Councilman Doolin stated that he has withheld three vouchers 250 Cork Tiles depicting the City seal, 50 brass name plates and fifty frames, ordered by the Mayor to be given as guests replacing the expensive keys which had been given Councilman Doolin said he had no quarrel with the Mayor mr spe~isg the money, but the City had adopted a design for the Official Seal in January, 1898, and he does not feel that the Mayor should have changed the design. Councilman Stiern pointed out that they have all kinds of seals, some with color, some without color, on ci!y vehicles, and asked if Mr. Doolin was suggesting that the Council hold up payment of the vouchers. Councilman Doolin said he did not think that anyone should change the design of the official City Seal when it had been adopted by the Council and Councilman Hosking said, after reading the minutes of the meeting when the seal was officially adopted, he agreed with Councilman Doolin that the design should not be changed and he does not think these tiles should be given to people using the improper seal. Bakersfield, California, February 28, 1966 - Page 8 107 Mayor Karlen said he had not thought of it as the City seal at the time, he had merely ordered them to give to the people visiting his office instead of the expensive keys, and that he was willing to along with the Council in whatever it wants to suggest, that he was not trying to change the seal. Councilman Whittemore said any time a plaque or presentation is made by the Mayor of the City of Bakersfield, they are purchased with taxpayers money and he is representing the City, and therefore it has got to be the official seal of the Bakersfield. If the seal[ is changed, it should be done by the majority of the Council. After discussion, Councilman Doolin suggested that the tiles be returned to the company and changed to conform with the design of the official seal of the City, and that the Mayor work it out and report back to the Council. Councilman Park asked that a report be made to the Council on how much it is going to cost to make this change. Acceptance of Bid of Jim Alfter for construction of Multi-purpose Game Slabs at Saunders Park and Lowell Park. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, bid of Jum Alfter to construct Multi-Purpose Game Slabs at Saunders Park and at Lowell Park for the lump sum price of $4,420, was accepted, all other bids were rejected, and the May~r was authorized to execute the contract. Adoption of Ordinance No. 1601 New Series of the Council of the City of Bakersfield amending Section 3.68.110 (a) (Employee Classification) of the Municipal Code by adding the positions of Tabulating Equipment Operator and Keypunch Operator and by changing the range number for the position of Engineer III. Upon a motion by Councilman Rucker, seconded by Councilwoman Balfanz, Ordinance No. 1601 New Series of the Council of the City of Bakersfield, amending Section 3.68.110 (a) (Employee Classification) of the Municipal Code by adding the positions of Tabulating Equipment Operator and Keypunch Operator and by changing the Range 108 Bakersfield, California, February 28, 1966 - Page 9 Number for the position of Engineer III, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Whittemore Noes: None Absent: None . Upon Balfanz, check Hosking, Park, Rucker, Stiern, Acceptance of check from the State of California, Department of Justice, Commission on Peace Officer Standards and ~raining. a motion by Councilman Stiern, seconded by Councilwoman in amount of $6,154.70 from the State of California, Department of Justice, Commission on Peace Officer Standards and Training, which represents one-half of training salaries for new officers and supervisory personnel in the Police Department, was accepted. Approval of Map and Contract and Specifications for Tract 2994. Upon a motion by Councilman Whittemore, seconded by Cou~il- man Stiern, it is ordered that the Map of Tract 2994 be, and the same is hereby approved, that the streets, drive, avenue and easements shown upon said map and thereon offered for dedication, be and the same are hereby accepted for the purpose or the purposes for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirement of signature of the following: Chanslor-Western Oil and Development Co. as to the mineral rights below 500 feet The Clerk of this Council is directed to endorse upon the face of said map a copy of this order authenticated by the seal of the City Council of the City of Bakersfield, and the Mayor is authorized to execute the contract and specifications ocvering improvements in said Tract. Bakersfield, California, February 28, 1966 - Page 10 109 Approval of Map and Contract and Specifications for Tract 2977. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz, it is ordered that the Map of Tract 2977 be, and the same is hereby approved, that all the street, drive, land aa~ easements shown upon said map and thereon offered for dedication, be, and the same are hereby accepted for the purpose, or the purposes for which the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirement of signature ojf the following: Chanslor-Western Oil and Development Co. as to mineral interests below 500 feet The Clerk of this Council is directed to endorse upon the. face of said map a copy of this order authenticated by the seal of the City Council of the City of Bakersfield and the Mayor was authorized to execute the contract and specifications covering improvements on said Tract. Conveyance of Utility Easement within Siemon Park to Crest Water Company. Upon a motion by Councilman Park, seconded by Councilman Hosking, conveyance of a five-foot utility easement within Siemon Park was approved, and the Mayor was authorized to execute the deed. Max L. ~nconsistencies Public Statements. White addressed the Council to clarify a few in the termination of his employment as Transit Superintendent for the City. He stated that the City owes him for overtime pay during his last four months of employment. Mr. White was told to submit his claim to the Council. City Manager Noland told the Council that Mr. White had falsified his job application and could not be an authorized employee of the City. Councilman Rucker asked Public Works Director Bergen to look into the matter of lights in the Sunset Mayflow area, that alight was needed at the corner of East loth Street between Robinson and Lakeview Avenue. 110 Bakersfield, California, February 28, 1966 - Page 11 Councilman Park stated he had received complaints from constituents of his ward relative to homeless cats roaming about and dogs barking during the day when people who work at night are trying to sleep. City Attorney Hoagland advised that in the past without his office had issued complaints on dogs much success in the courts. Adjournment. There being no further business to Council, upon a motion by Councilman Doolin, Councilman Rucker, come before this seconded by the meeting adjourned at 10:00 P.M. MAYOR o~' the City of' Bakersfield, ATTEST: of the City of Bakersfield, California Bakersfield, California, March 7, 1966 111 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M. March 7, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Stan Ramsey of the Full Gospel Church, after which he requested that a moment of silence be observed in memory of Mr. Joseph Lee, chairman of the Inter-Group Relations Board, who had passed away on March 6, 1966. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of February 28, 1966 were approved as presented. Scheduled Public Statement from Wally Pitchford, chairman, Citizens Advisory Committee, County Service Area #2, re Super-Sign erected on U.S. 99 south of the City. Mr. Wally Pitchford, chairman of the Citizens Advisory Committee, County Service Area #2, addressed the Council issuing an invitation to attend dedication ceremonies to be held on Thursday morning for the erection of the first of two super-signs on U.S. 99 south of the City, directing attention to Union Avenue as a main artery into Bakersfield and to the tourist and recreation areas of the County. The cost of the sign will be met from the proceeds of a special county service area tax formed with the consent of property owners on Union and Golden State Avenues. Reception of communication from the Office of the Attorney General to Senator Walter Stiern, re the Right to Speak before the Council. Upon a motion by Councilman Hosking, seconded by Councilman Stiern, letter to Senator Walter W. Stiern from the Office of the Attorney General, Department of Justice, regarding the right to speak before the Council was ordered received and placed on file and made a part of the minutes of this meeting, and a letter of thanks was ordered sent to Senator Stiern for obtaining this opinion for the Council. The letter reads as follows: 119 Bakersfield, California, May ?, 1966 - Page 2 March 1, 1966 Honorable Waiter W. Stiern Senator, 34th Senatorial Dist. 212 Goodman Street, Room A Bakersfield, California Dear Senator Stiern: After reviewing this ordinance, and in particular its provisions setting forth the conditions under which the public will be allowed to address the city council, we are of the opinion that such a resolution is constitutional and does not conflict with the policy of the Legislature as set forth in the Ralph M. Brown Act, Government Code sections 54950 through 54958. The policy behind the adoption of the Brown Act is set forth in Government Code section 54950. It is obvious from the language of that section that the principal concern of the Legislature was that the public be informed as to the proceedings and actions of public agencies which they have created. In our opinion, the Brown Act does not require the local agency to give members of the general public the right to speak before it at all. It only gives them the right to be present at the agency proceedings and be informed of the actions of the agency. Furthermore, we are of the opinion that the ordinance as enacted by the City of Bakersfield is constitutional as a reasonable exercise of the police power under both the Fourteenth Amendment to the United States Constitution and Article I, Section 9 of the California Constitution. It is well settled that a state or municipality may, by general and non-discriminatory legislation, regulate the time, place and manner in which individuals may exercise their constitutional right of free speech. Hannah vs. City of Haverhill (lst Cir. 1941) 120 F. 2d 87. We are of the opinion ~at the City of Bakersfield has a legitimate interest in adopting legislation which will allow its city council to act in an orderly manner and to protect it from statements made by members of the public which would seriously inconvenience the speedy dispatch of legislative business. The ordinance adopted by the City of Bakersfield gives members of the public a broad right to address the city council provided that they give notice of an intention to address or obtain permission from the presiding officer or the council. The restrictions on persons addressing the council are designed to enable the council to conduct its business in an orderly and efficient manner. We have noted that the ordinance adopted by the City of Bakersfield in no way limits an individual's right to petition the city council. This right appears to be unrestricted. We are, therefore, of the opinion that the City of Bakersfield may constitutionally exercise its police power in regulating the time, place and manner in which individuals may address the Bakersfield City Council as it has done by adopting Ordinance No. 1595. Very truly yours, THOMAS C. LYNCH Attorney General BURTON J. STANLEY Deputy Attorney General Bakersfield, California, March 7, 1966 - Page 3 113 Council Statements. Councilman Doolin directed a question to City Attorney Hoagland, which was answered by City Manager Noland, asking why legal action was taken against only the Padre Hotel for non- payment of hotel tax, when other hotels and motels have failed to remit this tax to the City. City Man~ger Noland said against anyone, there were four who were delinquent at the present time, and explained that to do some investigating would be required to pay this was not a case of discriminati,3n the City had received some unexpected help in that the hotel manager certified the amount of money collected, which made it unnecessary to perform an audit of the hotel's books, and an informer identified the person who was responsible for the collection and remittance of the money to the City at a Council meeting, which saved a considerable amount of time, and they were able to turn the case over to the City Attorney for prosecution much earlier than they had expected. They are progressing with the other three cases and as the investigations are completed, the City will proceed against them. Councilman Doolin said he felt the two city attorneys should be able to proceed against the other three hotels and not permit them to evade payment of this tax. City Manager Noland stated that when the ordinance becomes effective on March 9, 1966, it will give the City additional controls which will permit them to accomplish this purpose, and in the future the cases will be brought before the Council to revoke their permits. it was necessary to perform an audit and to determine how much was due and who this tax. In the case of the Padre Hotel, 1.14 Bakersfield, California, March 7, 1966 - Page 4 Adoption of Resolution No. 10-66 of the City Council of the City of Bakersfield declaring its cooperation with the officials of the State College, the Board of Trustees and offering to provide certain municipal services in the successful operation of the State College. Upon a motion by Councilman Park, seconded by Councilman Doolin, Resolution No. 10-66 of the City Council of the City of Bakersfield, declaring its cooperation with the officials of the State College, the Board of Trustees and offering to provide certain municipal services in the successful operation of the State College whatever the location of the three proposed sites under consideration by the Site Selection Committee of the State College Board of Trustees, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: None Absent: None Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 2775 to 2860 inclusive, in amount of $55,539.75, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Approval of payment of three Vouchers covering 250 Cork Tiles depicting the City Seal, frames and hangers. Councilman Hosking asked Mayor Karlen what had happened in connection with the tiles depicting the city seal which he had ordered and which had not been paid for pending further investigation. Mayor Karlen said when he looked into the matter of the city seal, ~ discovered there were many seals being used on city vehicles and other things, none of which was exactly the same in color or design. Councilman Stiern stated he thinks this is a lot of ~nonsense and after learning how many versions of the city seal are in use, it is even of less importance. He said he appreciates how many public appearances the Mayor makes and he believes the less expensive 115 Bakersfield, California, March 7, 1966 - Page 5 tile is more attractive than the expensive key for presentation to visitors and guests. He recommended that the Council pay the bill and stop embarrassing someone who is doing an outstanding job for the city. Councilman Doolin stated it was not his intention to embarrass the Mayor, he was simply pointing out that the seal has been changed in design and he did not believe the Mayor should do this. Councilman Park said after examining the numerous seals being used by the city, he finds great variations in them. He said he did not regard the momento the Mayor had designed to be the sea]. of the city, however, the only great change between it and some of the other seals, is the use of the oil derrick. He pointed out to ~e Council that Bakersfield is the seat of the largest oil producing county of the third largest oil producing state in the nation and the petroleum industry has added much to the economy of this area. He therefore commended the Mayor for placing the oil derrick on the seal in recognition of this great industry. Councilwoman Bal£anz said it seems to her they should settle it once and for all. She suggested thai the Art Association or some other group be requested to submit some sort of design for a seal and adopt something definite and have it over with. Councilman Park pointed out that legally the only seal the city could have is the one used by the City Clerk on city documents, etc. This is set by the Secretary of State and is the seal of Bakersfield and anything else is nothing more than an imitation of that sea1. Councilman Doolin commented that what Mr. Park has just said is what he has been trying to bring out to the Council. Councilman Whirremote said he didn't particularly care for the design of the City seal and asked what was being saved by using these tiles instead of keys. The Mayor said about 50 percent was saved. 116 Bakersfield, California, March 7, 1966 - Page 6 Councilman Hosking said he reluctantly would move to pay the three vouchers covering the cork tiles because he feels the City should pay its bills. He said in the future the City should conform as closely as possible to the seal as described in the Minutes of January, 1895. Councilman Stiern seconded the motion. After some additional discussion by the Council, the motion carried unanimously. Aecep~n~o~ B~dio~Jim~Alfter Cement Company for Annual requirements of Curbs, Gutters and Sidewalks. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, unit prices bid by Jim Alfter Cement Company for annual requirements of Curbs, Gutters and Sidewalks were accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. First reading of An Ordinance of the Council of the City of Bakersfield adding Section 11.04.777 to the Municipal Code (Speed Limit on Planz Road.) At this time first reading was given An Ordinance of the Council of the City of Bakersfield adding Section 11.04.777 to the Municipal Code (Speed Llmit on Planz Road.) Claim for personal injuries and property damage from Robert Chester Leppek referred to the City Attorney. Upon a motion by Councilman Park, seconded by Councilman Hosking, claim for personal injuries and property damage from Robert Chester Leppek was referred to the City Attorney. Approval of Plans and Specifications to Import and Compact Soil on South Half of Columbus Avenue. Upon a motion by Councilman Hosking, seconded by Councilman Park, plans and specifications to import and compact soil on the south half of Columbus Avenue were approved. Bakersfield, California, March 7, 1966 Page 7 11 ? Appointment of Mr. William H. Pinckard as Member of the Housing Advisory and Appeals Board. Councilman Doolin nominated Mr. William H. Pinckard, 1517 Emery Street, for appointment as a member of the Housing Advisory and Appeals Board. Upon a motion by Councilman Rucker, seconded by Councilman Park, Mr. Pinckard was appointed as a member of this Board to fill the vacancy created by the resignation of Mr. Vernon W. Munn. Other Public Statements. Captain C. E. Harless, representing the Bakersfield Fire- fighters' Association, addressed the Council at this time, stating that due to the wording of the California Election Code, the time necessary for the circulation of a referendum petition for a city charter amdnemtn has run out. The next course of action left open to the firefighters is a petition for an initiative ordinance. This would involve a special election. Posting and publication of Intention to Circulate this petition has been accomplished, and petitions are being prepared for circulation. He stated that this movement has been ~ven strongunsolicited support by residents of Bakersfield, however, the Firefighters' Association are reluctant to place the people of Bakersfield in the position of paying for a special election. In view of this, they are requesting the City Council to put this issue on the June primary ballot, not as an endorsement, but as an econo:my move. He stated it could be placed on the November ballot, but public opinion indicates that this issue should be resolved now, as the pay disparity still exists. He also pointed out to the Council that as of now members of the Fire Department are deputy registrars, however, if a legal ruling being investigated indicates that deputy registrars may not participate in circulating the initiative petition, then both the members of the Bakersfield Firefighters Associalion and the Kern County Firefighters Assoication will be forced to resign as deputy registrars, which will place a hardship on the citizens just prior 118 Bakersfield, California, March 7, 1966 - Page 8 to the June and November elections, and is another thing which will require serious consideration by the Council. Councilman Stiern said it was brought our previouslyil~at regardless of which election that matter was presented to the people, June or November, it would not be effective until next January when it would be approved by the State Legislature. He asked if it made a difference whether it appeared on the June or the November ballot. Captain Harlesssaid there is a difference between the charter amendment discussed last week and the initiative ordinance being considered by the firefighters now, which would become effective immediately. City Attorney Hoagland attempted to clarify the matter stating that as he understands it the firefighters want to place an initiative ordinance on the ballot which goes into effect ten days after being approved by the people, that they are speaking now of an ordinance as opposed to a charter amendment. · he Council questioned the City Attorney about the procedure and he stated there are some problems involved which he is looking into at the present time, whether an initiative ordinance fixing salaries can be placed on the ballot, that certainly a charter amendment doesn't have that problem, but there are some problems about an initiative. Councilman Hosking said he wasn't familiar with this portion of the code and would like to research it before making any decision on it. Councilman Stiern said many of the news releases on this subject have been very confusing and that he hoped any releases and information to the public are couched on the basis of what the issue is, which is not giving the firemen a raise as many people think, bu~ rather shall the firemen receive the same salary as the Police Department. Captain Hatless said the purpose of presenting this prepared statement tonight was to preclude holding a special election. Councilman Whirremote said it had not been the intention of the GEC to delay this matter to such a point that it made it Bakersfield, California, March 7, 1966 - Page 9 119 necessary for the firemen to circulate petitions it was of the County for signatures, not done intentionally by the Council, they were not aware procedure necessary to consolidate the measure with the for the June primary election. Captain Ha~ess said they realized it was not the intent of the Council, and Councilman Park said he was glad the point was brought out, as they had not intended to delay it. Several other persons presented statements to the Council supporting the firefighters position and concurring with their request to the Council to place this issue on the June ballot. Among them were Edward D. Farmer Ivan E. Beavan James Barton Chairman of the Kern County Taxpayers Council and a representative of the Petroleum Workers Union Secretary-Treasurer of the Kern, Inyo and Mono County Labor Council President of the Kern County Firefighters Union No. 1301 The Council engaged in discussion relative to a charter amendment and an initiative ordinance and City Attorney Hoagland said he wanted to caution the Council and the firefighters that there is a body of state law that says the setting of salaries is an administrative function of the City Council. If it is held to be an administrative function of the Council as opposed to a legislative function, this is not subject to an initiative. There are court cases which are favorable to both ways of thinking. Coun~lman Doolin said it was his understanding that the firefighters wanted the Council to put an initiative ordinance on the ballot and asked if it would make any difference if a week or two were taken to study the matter. Mayor Karlen said as he understood it the Council could do this and City Attorney Hoagland said they could do what they wanted on a charter amendment, if it was only a matter of wording, etc. it could be done. He said he didn't know precisely at this point, even if he were asked to do it, what he would put on the ballot, although he had a pretty good idea. Bakersfield, California, March 7, 1966 - Page l0 He said the City doesn't put any initiative ordinance on the ballot, that a charter amendment would be the only to handle it. Mayor Karlen said they had not been asked to consider a charter amendment, but an initiative ordinance and asked Captain Harless to confirm this. Captain Harless said he would check with their attorney and find out what they are talking about and the Council san study it, as it is apparent they are all confused. Mayor Karlen said he thought they were confused on terminology, but not on what they wanted the Council to do, just how to bring it about. It was then decided the firemen's legal counsel should discuss it with the City Attorney and then inform the Council exactly what he wants done. It can be brought up next week under Scheduled Public Statements. Mr. Milton Miller of the Padre Hotel asked for ten minutes to discuss the room tax ordinance. After a few minutes of discussion, City Attorney Hoagland reminded the Council that a jury trial was pending on the matter of the delinquent tax owed by the Padre Hotel, and the case should not be tried in the Council Chambers. Mr. Miller then discussed city ordinances and the method used by the Council in adopting amendments to the Municipal Code. Adjournment. There being no further business to come before this Council, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the meeting was adjourned at 10:25 P.M. MAYOR of the City of Bakersfield f. ATTEST: CITY C~L~ and ~x-O£I~cio ~Jlerk of the Council of the City of Bakersfield, California Bakersfield, California, March 14, 1966 121 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P. M. March 14, 1966. Due to the absence of Mayor Karlen, Vice-Mayor Richard Stiern acted as presiding officer and called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend Harry Hodges of the Bethel Temple Assembly of God. The City Clerk called the roll as follows: Present: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stier~n, Whittemore Absent: Mayor Karlen Minutes of the regular meeting of March 7, 1966 were approved as presented. Scheduled Public Statements. Mr. Leland W. Noble, President of the Downtown Business Association, submitted a progress report to the Council stating that the efforts of the revitalization committee have finally culminated in a plan of action which will soon be submitted to the Council in the form of a petition requesting the City Council to approve and adopt a plan of financing and to cause implementation of a revitalization plan for downtown Bakersfield. He stated that the DBA has selected March 16, 1966 as sign-up day, and on that day they hope to contact and sign up as many property owners and tenants as possible within the boundaries selected for revitalization. Mr. Charles Thomas, first vice-president of the Bakersfield Firefighters Association, Local 844, AFL-CIO, addressed the Council stating that their attorney has advised them it will take another week to complete the research on their request to place a proposition on the June Primary Ballot equalize the salary of certain classifications in the Fire Department with the Police Department. In view of this, he requested that the matter be deferred until next week's Council meeting. Bakersfield, California, March 14, 1966 - Page 2 Correspondence. The City Clerk read a notice that the next meeting of the South San Joaquin Division - League of California Cities will be held in Hanford on March 18, 1966 at 7:30 P.M., with Edward T. Butler, City Attorney of San Diego, speaking on "State Preemption." Council Statements. Councilman William Park called the attention of the Council to 184 prefabricated apartments being constructed on Columbus Street 3ust off Mr. Vernon Avenue, 3ust across the City boundary in the County, which are grossly inferior to and incompatible with homes immediately across the street in the City. He maintains that these structures will result in degradation of property values, will lower the standard of living in the area and are demoralizing to the homeowners in his ward who have worked so hard to make their homes the fine places to live in that they are. Since the County has approved this construction and it is part of a 68 acre parcel which is being considered for annexation to the City, he believes from the Board of Supervisors on that answers should be received the following: 1. By what authority did the Board of Zoning Adjustment modify an ordinance intended for 20 acre parcels so that it would be applicable for a 9 acre parcel Inasmuch as approval was granted by virtue of a Conditional Use Permit, why did the County Planning Director not place as a condition of approval, that the apartments be architecturally compatible with the neighborhood Clarification is requested of a statement made to the Board of Supervisors by Mr. Glen Hildebrand, an employee of the County Health Department, in which he expressed a doubt as to whether or not these apartments meet health standards The City received no notification of this hearing except that posted in the legal notices of the paper. It is therefore requested that the City be furnished with copies of agendas of all meetings at which matters affecting the City are to be considered BaAersf±eld, CAlifornia, ~arch 14, 1966 - Page Upon a motion by Councilman Park, seconded by Councilman Whirremote, the City Staff was instructed to direct a letter to the County Board of Supervisors, asking for information on the specific matters as outlined by Councilman Park. The motion carried unanimously. Reports. A report from the Council Water and City Growth Committee recommending that the City of Bakersfield enter into a contract with the firm of Thomas M. Stetson, Civil and Consulting Engineers of Los Angeles, to perform the necessary engineering studies of the long term water needs of the City of Bakersfield and the proposed Greater Bakersfield Municipal Water District, was read. Councilman Doolin asked if the matter could not be delayed Mr one week for study by the Council. Councilman Hosking said he could understand Mr. Doolin's position completely and ordinarily it would be his first reaction to hold the matter over a week to allow study by the Council, but tile time schedule is such that it is imperative that they act tonight, and he therefore moved that the report be adopted, the contract with Mr. Stetson approved, and the Mayor authorized to execute same. Councilman Park seconded by motion, stating that the study should have been made years ago. Mr. Stetson, who was in the audience, told the Council that this type of study usually takes six months to a year to make, and in his opinion':a week's delay would not permit him to meet the June first deadline, which is stipulated in the contract. Councilman Doolin stated that in his opinion the study proposed to be made by Mr. Stetson had alreadby been done by the Boyle Engineering Report of 1962 and if sufficient information was not available, the Director of Water Resources could undertake a survey for the Council. 124 Bakersfield, California, March 14, 1966 - Page 4 Councilman Hosking stated that in his opinion some of the answers supposedly contained in the Boyle Report are not there and thai is one reason why the Water Committee has recommended employing an engineering firm. Councilman Stiern said he wished to speak as a councilmall and not as the presiding officer. The Water Committee has been workin~ to uncover factual information and has been unable to do so because it is not available. He thinks this engineering study will provide the entire Council, the staff and any voter in Greater Bakersfield with substantial and independent and vital information with which to develop a sound water program. Everyone will be forced to make a decision soon and the right decision cannot be made without complete information. The Water Committee is convinced that presently available information is biased information, and they must know how long grok[nd ~ater can be used and what will be the real cost of delta water, or Kern River water or East Side water. The Water Agency Directors have accused the City of Bakersfield of two shortcomings. (1) Being behind in the water program and a water pgoram of its own (2) Lacking adequate engineering to substantiate the charges the City has made against them. They are in some instances correct, because for too long the City believed them capable and worthy of the trust to work in the complete public interest. Councilman Stiern does not think the Agency will be satisfied until they have crammed the ill-conceived taxing program down the throats of the public, and then to worsen the whole scandalous scheme, peo~,le will end up drinking Sacramento sewer water from the delta. If the Council is satisfield they have all the necessary facts to form conclusions of extreme importance, thenthey should vote to kill this engineering investigation. But if they want to be informed in order to make their own decision~ and decisions for the people of Bakersfield, they must have this information, it is vital, and they must have it soon. Bakersfield, California, March 14, 1966 - Page 5 125 Councilman Doolin still did not agree, stating he feels the information is available and the information requested is identical with that already furnished to the Council in the Boyle Engineering Report. He said he may disagree with the Kern County Water Agency, but he would never were dishonest in their policies, work out the problems to benefit go to the point of thinking they because he thinks they are trying to all of Kern County. Councilman Rucker said the Council has a Director of Water Resources, why not ask him to give them some information on what he believes is indicated regarding an engineering study. Councilman Hosking said he personally thinks theyneed the report and one of the reasons is that they do find there are other sources of water available to the City. Councilman Park said this is a study which should have been made years ago, and had he been on the City Council Water Committee some years back, the Council would have had such a study. If it isnt done now, it would be negligence on the part of the Council. Councilman Whittemore said he agrees this project is important and he would like to ask the Director of Water Resources to come to the microphone and answer some questions. He asked Mr. Horsley if with the Boyle Engineering Report and other reports and information available to him, he could come up with the information that has been asked for in the proposed engineering contract with Mr. Stetson. Mr. recommending Horsley said he could not, but would say he has been for some time that they proceed with another engineering study in line with what they have proposed tonight, and explained his; masons for making this statement. Among other things, he said the Boule Report of 1962 had for its purpose an evaluation of the problem relative to the possibility of the city becoming a water retailer, which program is no longer considered. This report developed information with that aim in mind, and it was also based o f some six years ago and a ten year growth period prior which the City has not experienced. on information to that, 196 Bakersfield~ California, March 14, 1966 - Page 6 Councilman Whittemore said he realizes what Mr. Doolin's position is and what he is saying. The Council has spent a great deal of money on employing a water attorney and other things, but when they take into consideration what could happen to the City and the residents of the City in the future, it is necessary to obtain all the information they can. It is essential to learn whether they should participate in the import of foreign water, which has not been emphasized enought that it is muddy delta water and can be used by the farmers, but not run through the tap for drinking by the people of the City of Bakersfield. If there is any way to exclude the City of Bakersfield, he does not think that spending forty or fifty thousand dollars of the taxpayers money to get the valid information to determine whether it is necessary to import this water, is too much to do. Councilwoman Balfanz said she has gone into this thoroughly and as she seets it, it sounds like they are spending a lot of money but also they could be a saving a lot of money for future generations if they obtain all the facts now. Councilman Park said it is questionable whether all the agriculture districts can have water unless the p~ople of the City of Bakersfield foot the bill to pay for water they dont want and are sure they dont need. In cursory studies they have learned that good high quality water is available without paying thirty million dollars to bring delta water to the City and expect the people to drink it. Without the engineering studies they are strapped to State water, and he believes sincerely that the engineering studies are needed to determine the possibility of bringing in other sources of water, and what the cost will be to bring in that water. After additional discussion, Councilman Hosking called for a roll call vote~ and the motion carried as follows: Ayes: Councilmen Balfanz, Hosking, Park~ Rucker~ Stiern, Whittemore Noes: Councilman Doolin Absent : None Bakersfield, California, March 14, 1966 - Page 7 127 Allowance of Claims. Upon a motion by Councilman Doolin, Rucker, Vouchers Nos. 2861 to 2951 inclusive, as audited by the Finance Approval Committee, authorization was granted for payment of same. seconded by Councilmarl in amount of $41,093.88, were allowed, and Adoption of Ordinance No. 1602 New Series of the Council of the City of Bakersfield adding Section 11.04.777 to the Municipal Code (Speed Limit on Planz Road.) Upon a motion by Councilman Whittemore, seconded by Councilwoman Balfanz, Ordinance No. 1602 New Series of the Council of the City of Bakersfield adding Section 11.04.777 to the Municipal Code (Speed Limit on Planz Road, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Resolution No. 11-66 of the City Council of the City of Bakersfield disapproving of insurance automobile rating procedures which are dependent upon traffic conviction records for premium determination. The Council discussed proposed resolution disapproving of insurance automobile rating procedures which are dependent upon traffic conviction records for premium determination which had been proposed by Councilmen Robert N. Whittemore and Richard Hosking. Upon a motion by Councilman Park, seconded by Councilwoman Balfanz,proposed resolution was amended to include that copies of the resolution shall be sent to each of the State Legislators from this area as well as to all the members of the Assembly Committee on Finance and Insurance. Upon a motion by Councilman Park, seconded by Councilman Whittemore, Resolution No. 11-66 of the City Council of the City of Bakersfield disapproving of insurance automobile rating procedures which are dependent upon traffic conviction records for premium determination, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Whittemore Noes: None Absent: None Hosking, Park, Rucker, Stiern, !28 Bakersfield, California, March 14, 1966 - Page 8 129 Action deferred for one week to sell surplus equipment by bid and auciion. Upon a motion by Councilman Park, seconded by Councilman Doolin, action was deferred for one week on granting authorization to the Purchasing Division of the Auditor-Controller's office to sell surplus equipment by bid and auction, asper list submitted. Request from Bakersfield Poultry Buyers to connect to private sewer along Industrial Street referred to the Planning Commission and Director of Public Works for study and recommendation. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, request from Bakersfield Poultry Buyers for permission to connect to private sewer along Industrial Street was referred to the Planning Commission and the Director of Public Works for study and recommendation. Date set for hearing before the Council on request by Douglas Fox for a change of zone for that certain property in the City of Bakersfield located on the north 34.19 feet of Lot 195, Tract No. 1795, at the west side of Cornell Street. Upon a motion by Councilwoman Balfanz, seconded by Councilman Park, date of April 4, 1966 was set for hearing before the Council on request by Douglas Fox for a change of zone from an R-1 (Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design), or more restrictive zone, for that certain property in the City of Bakersfield located on the north 34.19 feet of Lot 195, Tract No. 1795, at the west side of Cornell Street. Date set for hearing before the Council on request of Robert W. Karpe for a change of zone for those certain properties in the City of Bakersfield commonly known as 2208 through 2330 Brundage Lane and #5 and #15 Holtby Road. Upon a motion by Councilman Doolin, seconded by Councilman Park, request of Robert date of April 4, 1966 was set for hearing before the Council on W. Karpe for a change of zone from a C-O (Professional 130 Bakersfield, California, March 14, 1966 - Page 9 Office) Zone to a C-1 (Limited Commercial) or more restrictive, Zone, for those certain properties in the City of Bakersfield commonly known as 2208 through 2330 Brundage Lane and #5 and #15 Holtby Road. Adoption of Resolution No. 12-66 of the City Council of the City of Bakersfield adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to Cities. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, Resolution No. 12-66 of the City Council of the City of Bakersfield adopting and submitting a budget for expenditure of funds allocated from the State Highway Fund to Cities, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Adoption of Resolution No. 13-66 of the Council of the City of Bakersfield ordering the vacation of the alley in Blocks 180 and 181, Godey Tract, City of Bakersfield. This being the time set for hearing on intention to order the vacation of the alley in Blocks 180 and 181 of Godey Tract, City of Bakersfield - Resolution of Intention No. 809, the City Clerk reported that this hearing has been duly posted and a communication in favor of the vacation was received signed by James R. Bratchef, Thomas C. Bayley and Zora M. Graham, adjoining property owners, and that no protests or objections had been received. Therefore, upon a motion by Councilwoman Balfanz, seconded by Councilman Whittemore, Resolution No. 13-66 ordering the vacation of the alley in Blocks 180 and 181, of Godey Tract, City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Noes: None Absent: None Bakersfield, California, March 14, 1966 - Page l0 Adoption of Zoning Resolution No. 195 granting variance of the Land Use Zoning Ordinance of the City of Bakersfield affecting that certain property as hereinafter described and zoned as a C-1 (Limited Commercial) Zone to permit the operation and maintenance of a beer parlor on that certain property commonly known as 731 Chester Avenue. This being the time set for hearing before the Council on appeal of R. L. Ralph to the decision of the Board of Zoning Adjustment granting the application of Mary Sue Ming for a variance of the land use zoning ordinance of the City of Bakersfield affecting that certain property zoned C-1 (Limited Commercial) Zone to permit the operation and maintenance of a beer parlor on that certain property commonly known as 731 Chester Avenue, letter from Mr. R. L. Ralph and Mrs. Marie Ralph withdrawing the appeal was read. The findings of the Board of Zoning Adjustment at the public hearing on the application held February 8, 1966, recommending approval of the variance, were read. No protests or objections being received, upon a motion by Councilman Hosking, seconded by Councilwoman Balfanz, Zoning Resolution No. 195 granting the variance was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: None Absent: None Other Public Statements. Councilman Whittemore asked the Civic Auditorium Manager if there has been a request made to lease the auditorium for the closed circuit television presentation of the heavy weight bout at the end of the month. Mr. Graviss stated there has been a request but the auditorium had already been rented for another event. 131 Bakersfield, California, March 14, 1966 - Page 11 rink last week. the City against audience. Councilmam Hosking asked about the condition of the roller skating rink, said he had some complaints about it being run down. Mr. Graviss said the roller derby had repaired the He said they carry insurance policies insuring any damage to participants or persons in the Adjournment. There being no further business to come before Council, upon a motion by Councilman Doolin, seconded by Councilwoman Balfanz, the meeting adjourned at 9:49 P.M. the ATTEST: CIT~ and ~erl~ of the Council of the City of Bakersfield, California Bakersfield, California, March 21, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. March 21, 1966. The Mayor called the meeting to order followed by the Pledge of Allegiance and Invocation by the Reverend John Atkinson of the Episcopal Church of Arvin. The City Clerk called the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whittemore Absent: None Minutes of the regular meeting of March 14, 1966 were approved as presented. Service Pin Award. At this time Mayor Karlen presented a service pin to Tony J. Reina, Tree Maintenance Supervisor, Public Works Department, who completed 30 years service with the City of Bakersfield on March 2, 1966. Scheduled Public Statements. Captain John McAteer, member of the Executive Board of Local 844, International Association of Firefighters, addressed the Council, stating that the lack of pay equality in the Fire Department has had an adverse effect on the morale of the firefighters. However, they have rejected the idea of placing a tax burden on the people of Bakersfield by holding a special election. Therefore, they would like to restate their original request, that the pay equality problem be resolved through prompt Council action, or the issue placed before the voters. Mayor Karlen and all members of the Council expressed their appreciation to the Bakersfield firefighters for their decision to forego holding a special election at this time, and agreed that the matter of salaries will be given careful scrutiny and study during the June budget sessions. 134 Bakersfield, California, March 21, 1966 - Page 2 Correspondence. A communication from Leonard Tannen and Joseph Zak, members of the College Heights Association Necessary for Good Environment, relative to the proposed annexation of property in the College Heights area which would include the apartment project being constructed by the Greater Western Homes Corporation, was read. They stated it would be in the best interests of all city residents for the Council to require these buildings to meet the minimum building requirements, and should be a condition necessary for approval of the 68 acre annexation now pending before the Council. City Manager Noland stated that just below Columbus Street between Mr. Vernon Avenue and Oswell Street, there is an area presently being considered for annexation which represents a total of 310 acres, and will come up before LAFCO for public hearing on April 12, 1966. The area involved embraces more than the 68 acres mentioned in the letter. The contractors for the 184 unit complex have been granted a Conditional Use Permit for 9.07 acres only. Councilman Whittemore said apparently the City is going to inherit this apartment project and he thinks it would be advisable for the Planning Department to study the problem to see if it can be controlled with a D-Overlay, or whatever they might recommend. Councilman Doolin agreed, stating that the Council should face the problem now and not wait until it is too late. Councilman Park said he could be the source of the 68 acre figure as he has held several meetings with this Association and was under the impression 68 acres were being considered for annexation. He said the important thing here, however, is to see that proper landscaping is conducted on this project whether it is annexed or not, because it is next to the city boundary, it does affect city property and has quite an effect on property in the area. Bakersfield, California, Math 21, 1966 - Page 3 Mayor Karlen said the Beautification Committee had met in his office today and discussed the Housing Project in question. It was their thinking that perhaps the Beautification Committee and the Planning Commission could have a joint meeting to discuss standards for architectural overlay, that the five architects in the city act as an advisory panel to the Planning Commission for the purpose of studying such developments that would come within the City. It would seem logical that the County would follow suit, if the City did tlhis. He said the Beautification Committee is vitally interested in proper landscaping for this project, as it certainly needs it. After further discussion, upon a motion by Councilman Doolin, seconded by Councilman Rucker, the communication was received and ordered placed on file. Adoption of Resolution No. 14-66 of the Council of the City of Bakersfield requesting an investigation of the Community Action Program by the Kern County Jury. Under Council Statements, Councilman Park introduced a resolution, prefaced by a few remarks. He stated he was appointe.d to represent the City on the Community Action Program Committee of Kern County and that he is in the process of developing a report to be delivered to the Council at a later date;~however, certain remarks recently made in the press call for some consideration by this Council. Charges have been levied by certain individuals that the Board of Directors of CAP have intentionally thwarted the implemeatation of the Economic Opportunity Act in Kern County, along with many other charges casting aspersions on the integrity and character of the members of the Board. Because of these serious allegations and because of the County money involved as far as funding the Community Action Program, he believes in the interests of the City of Bakersfield .and a large portion of the poverty program located within the City of Bakersfield, that these charges should be investigated by the Kern County Grand Jury. He therefore submitted a resolution requestthug this investigation, and after discussion, upon a motion by Councilman 136 Bakersfield, California, March 21, 1966 - Page 4 Park, seconded by Councilman Stiern, Resolution No. 14-66 of the Council of the City of Bakersfield requesting an investigation of the Communi~y Action Program by the Kern County Grand Jury, was adopted by the following vote: Ayes: Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Noes: None Absent: None Copies of the Resolution are to be forwarded to the Board of Supervisors and the Kern County Grand Jury stressing the importance. of immediate action inasmuch as the re-funding of this program will be coming before the Board of Supervisors within the next few months. During discussion, Councilman Hosking requested the record to show that there is a doubt in his mind whether the Grand Jury has the jurisdiction to make this investigation. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 2952 to 3070 inclusive, in amount of $70,086.61, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment of same. Purchasing Division of the Auditor- Controllet's office authorized to sell Surplus Equipment. Upon a motion by Councilman Hosking, seconded by Councilman Park, authorization was granted the Purchasing Division of the Auditor-Controller's office to sell surplus equipment by bid and auction, as per a list submitted to the Council, excluding certain items of radio equipment which are to be loaned to Civil Defense organizations. Approval of Salary Step Advancements. Upon a motion by Councilman Stiern, seconded by Councilman Doolin, the following salary step advancements effective April l, Bakersfield, California, March 21, 1966 - Page 5 137 1966, were approved: Geo. H. Hopkins Data Processing Suprvr. C to D N. R. Howard Fire Captain E lo F Billy J. Joslin Communications Sgt. C to D T. F. Marsh Fire Engineer E to F P. L. Owen Firefighter E to F "JC" Phillips Sanitation Crevanan I D to E Irene Robinson Communications Operator D to E G. F. Stiles Waste Water Tr. P1. Op. I E to F S. June Theobald Account Clerk II C to D D. W. Wood Park Maintenanceman C to D Other Public Statements. Reverend Julius Brooks, a member of the Community Action Program Board of Directors, addressed' the Council stating lhat he would like to offer a rebuttal to some of the statements made at the time the resolution submitted by Councilman Park was adopted. He then proceeded to discuss lhe background in connection wilh the employment of, and salary sel for Mr. Howard Roland, Executive Director, by the Board of Directors of CAP. Councilman Park said that some of the statements being made by Reverend Brooks were without foundation, that these are the type of charges he has asked the Council to go on record as requesting the Grand Jury to investigate because they are unspecified, vague statements. Councilman Stiern asked to make a point of order. This type of debate going on between two CAP Board members is the type of debate that can be heard at a CAP meeting and he does not think it is the intention of the Council to carry such debates over into the Council Chambers and he questioned whether this type of debate should continue in the Council Chambers. Councilman Hosking commented that the Council will not be able to continue with its business if a statement cannot be made without someone coming in later and giving a rebuttal. Councilman Stiern said this type of discussion was probably very necessary at a CAP meeting but he did not ~ink they were appropriate at a Council meeting. 138 Bakersfield, California, March 21, 1966 Page 6 Mayor Karlen agreed and told Reverend Brooks he appreciated his desire to correct what he thinks are errors, but the Council has asked the Grand Jury by resolution to investigate this and he does not think it is the purpose of the Council to engage in a debate in the Council Chambers. Councilman Stiern said that as a Councilman he had asked Councilman Park two specific questions about CAP which had been bothering him, and he does not believe it is appropriate to debate Mr. Park's answers to those questions publicly. Mayor Karlen said Reverend Brooks brought this up under public statements, however, he thinks his approach has been one of debating the issue. Councilman Doolin said that every time someone gets up before the Council and makes statements that some Councilman doesn't like, his right to speak is questioned. He said if a Councilman has a right to say something up here then he thinks a citizen can come up and express his opinions. Councilman Hosking said he would refer Councilman Doolin to the opinion of the Attorney General's office which was read into the minutes, that the public has no right whatsoever to address the Council without the Council giving them permission to do so. He said he had no objection to listening to any statements that the public wants to make at Council meetings, but he does object to debates between members of the Council and the public. Councilman Doolin replied that he wasn't elected to deny people freedom of speech regardless of what they had to say. Councilman Stiern said anyone has the right to express an opinion before the Council, but he would like to call the attention of the Council to the fact that the primary purpose of the meeting is to conduct Council business, that they are not at the meeting to conduct an open line program, it isn't a gathering at which people can exchange viewpoints into the middle of the night. Bakersfield, California, March 21, 1966 - Page 7 139 Mayor Karlen asked Reverend Brooks if he had anything further to say, and Reverend Brooks said that because the CAP Commii;tee did not have a staff to process certain work and did not have their projects ready for government approval,they have lost the sum of $1,300,000 allocated to Kern County for the anti-poverty program. Councilman Rucker wanted to know if they didn't have someone to go to to alleviate these problems. He said the Council can't do anything to correct it, but Councilman Park had informed them that through the resolution they could gel the Grand Jury to correct it. If they have had problems in selecting their personnel, then certainly they should have somebody to go to to get these things functioning properly. He said he feels the main purpose for Reverend Brooks serving on the CAP Committee is to see that they are carrying out its programs. Reverend Brooks suggested that the City participate in some of the programs and take some action to provide 10% of the cost of a program the same as the County is doing. Mayor Karlen said at the present time he is looking into a couple of programs that he is hoping to evaluate and present to the Council with regard to participation by the City, if it seems: appropriate. He said the matter was discussed with the Beautification Committee only this afternoon and they are prepared to sit down with the City Manager and the Public Works Director to review what has been presented to them, and then see if there is any feasible way that the City can participate and what it will cost. Mr. Melvin Brown, Director of Neighborhood Self-Help Project, addressed the Council and commented on the resolution adopted by the Council, stating that in his opinion investigation is not whal CAP needs, what is needed is a functioning CAP Committe~,, that they dpnt need delays or investigations, simply a sincere CAP Committee. 140 Bakersfield~ California, March 21, 1966 - Page 8 Councilman Park said it would be derelict of him if he allowed statements such as lack of sincerity, delay and other things to be mentioned without asking for specific instances in which these things have occurred. Thses charges and statements have been band:Led around with no evidence to support them, people are hammering at the CAP Committee making charges but he sees no specific instances of these things occuring or being present. He will admit they do have problems, but the CAP Committee has not delayed any action, every program that has come before them has been submitted for funding. Some of these programs have been lost between here and the regional office and Washington, some of them have been submitted twice, but there are no specific charges which can be supported. Mr. Brown said Kern County was allocated $1,300,000 under Titlw ~A. As of this day the only two projects to go through Title, 2A are the Neighborhood Self-Help Project, which he directs, and the Program Development Grant of the Community Action Committee, a very' small fraction of their allocation. Funds are allocated to a County on the basis of need and Kern County received a large allocation because statistical information revealed there were a great number of poor people in the County. The first year none of the funds were used and this year only a small amount. If the County cannot demonstrate a needs for these funds, they will be transferred to areas that do need the funds and will utilize them. That is why they are deeply concerned about the impetus of the Community Action Program Committee. The funding period ends this June. The Program Development Grant of $78,000 was granted to do three things (1) To hire a staff (2) To make a study of where poverty exists in Kern County (3) What kind of programs can be implemented to eliminate this poverty. The CAP Committee has not done the things it was under obligation to do, has not utilized its funds for the purposes they were granted. Programs have been help up at the regional office because sufficient study has not been given to the projects submitted. Bakersfield, California, March 21, 1966 - P~ge 9 141 Dennis Evans, a worker with the Neighborhood Self-Help Project, said he did not make the accusation that there were individuals who were insincere or out of snypathy with the programs of the CAP Committee, he simply believes because of the badkground of some of the Committee, they are not prepared to deal with poverty as it is known today. Counc~man Stiern remarked he thinks everyone in Kern County should attend at least one meeting of CAP to appreciate the problems they are facing. The implementation of this program at the local level is very complex. He says he thinks one of the problems of this large, 32 member Committee is a complete lack of communication. Councilman Rucker told Reverend Brooks he feels he should go back to the Board of Supervisors who appointed the members of the CAP Committee, and ask them to correct the problems which he states exists. Reverend Brooks reminded Councilman Rucker that there are two Supervisors on the Board of the Community Action Program. After further discussion, Councilman Park said he was very happy that Reverend Brooks is now on the personnel selection committee of CAP so that he can assist in getting the staffing done and he said he was also pleased that they are in agreement to having the Grand Jury make the investigation. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Whirremote, seconded by Councilwoman Balfanz, the meeting adjourned at 11:10 P.M. MAYOR of the City of Bakersfield~ ~ ATTEST: '' \ ' of the Council of the City of Bakersfield, California 142 Bakersfield, California, March 28, 1966 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M. March 28, 1966. Mayor Karlen called the meeting to order, followed by the Pledge of Allegiance and Invocation by the Reverend Robert Slocum of St. Paul's Episcopal Church. The City Clerk c~led the roll as follows: Present: Mayor Karlen. Councilmen Balfanz, Doolin, Hosking, Park, Rucker, Stiern, Whirremote Absent: None Minutes of the regular meeting of March 21, 1966 were approved as presented. Resolution supporting application of the Southern Pacific Company to the California Public Utilities Commission to shorten schedules on the San Joaquin Valley Route to be placed on agenda for meeting of April 11, 1966. A communication was read from the Southern Pacific Company requesting the Council to favorably consider a resolution supporting an application to the California Public Utilities Commission to shor~;en schedules for passengers on the San Joaquin Valley Route between San Francisco and Los Angeles. Councilman Hosking stated that he thought the Council should consider passing such a resolution and schedule action in two weeks, in order to see if there is any public opinion on the shortened schedules one way or the other. After discussion, the City Manager was instructed to place this resolution on the agenda for consideration at meeting of April 11, 1966. Council Statements. Mayor Karlen said that he would like to bring to the attention of the listening public something that had just been brought to his attention today. One of the local television stations has been criticized by the Kern County Citizens Council for purportedly suppressing the truth in its news broadcasts. He stated it has been his experience and the experience of everyone Bakersfield, California, March 28, 1966 - Page 2 on the Council that the news media have been vary fair and have gone out of their way to see that all sides of an issue were presented. He stated there is very little the Council can do as people have the right to free speech and to distribute literature, but as an individual he wishes to express his opinion, that any group which is creating disharmony in the community, is not doing something which is in the best interests of the City. Councilman Rucker said this is an attack directed toward the negro minority in the community, that this type of thinghad been protested before the Council several weeks ago, and as one member of the Council he wants to say that he is not in favor of this type of literature which is something that will harm the entire community. Councilman Doolin said he is in full agreement with the Mayor on this and seriously thinks the Council should consider asking the Attorney General of California to investigate the White Citizens' Council organization. He, therefore, moved thai the City Attorney be instructed to forward a request to,the Attorney General to investigate this organization. Councilman Rucker seconded the motion. Councilman Hosking said he was curious as to what the Attorney General can investigate, as he is not sure he has the power to investigate anything except criminal activity and as such, it has to be forwarded to the District Attorney of the County first, or ~ossibly to the Senate Un-American Activity Committee. City Attorney Hoagland was asked to clarify the matter and stated he had no thoughts on it. However, the Attorney General would be in Bakersfield on Tuesday to address the Public Affairs Council. The City Attorney was then requested to discuss this matter with Attorney General Lynch in Bakersfield and ascertain Whether his office or some other agency could conduct the investigation and report back to the Council at next week's meeting. 143 144 Bakersfield, California, March 28, 1966 - Page 3 Councilman Hosking suggested that while they are at it, they should ask Senator Stiern whether or not this organization can be investigated by the Senate House Committee, and all members o£ the Council agreed. Allowance of Claims. Upon a motion by Councilman Doolin, seconded by Councilman Rucker, Vouchers Nos. 3071 to 3132 inclusive, in amount of $22,744.58, as audited by the Voucher Approval Committee, were allowed, and authorization was granted for payment o£ same. Date set for hearing before the Council on appeal by Lesh C. Forrest, to decision o£ the Board of Zoning Adjustment granting application of James E. Smith to permit the construction of a 24-unit apartment complex on that certain property commonly known as 701 to 715 "A" Street. Upon a motion by Councilman Stiern, seconded by Councilwoman Balfanz, date of April 18, 1966 was set for hearing before the Council on appeal by Lesh C. Forrest, 2417 Chester Lane, to decision of the Board o£ Zoning Adjustment, granting application of James E. Smith requesting a variance of an R-2 (Two Family Dwelling) Zone to permit the construction, operation and maintenance of a 24-unit apartment complex on that certain property commonly known as 701 to 715 "A" Street. Approval of Sewer Guarantee and Bond for Tract 2977. Upon a motion by Councilman Whittemore, seconded Councilman Park, Sewer Guarantee and Bond for Tract 2977, No. 1-66, by Contract was approved. Approval of Sewer Guarantee and Bond for Tract 2994. Upon a motion by Councilman Park, seconded by Councilman Whittemore, Sewer Guarantee and Bond for Tract 2994, Contract No. 2-66, was approved. Bakersfield, California, March 28, 1966 - Page 4 145 Acceptance of Work and Mayor authorized to sign Notice of Completion of Contract for the Construction of Multi-Purpose Game Slabs at Saunders Park and at Lowell Park. Upon a motion by Councilman Stiern, seconded by Councilman Whittemore, the Work was accepted and the Mayor was authorized to sign Notice of Completion for Recordation, of Contract for the Constructic, n of Multi-Purpose Game Slabs at Saunders Park and Lowell Park. Approval of Plans and Specifications for the Installation of Traffic Signals and Street Lighting at Truxtun Avenue and Eye Streets and at 21st and Eye Street. Upon a motion by Councilman Hosking, seconded by Councilman Doolin, Plans and Specifications for the Installation of Traffic Signals and Street Lighting at Truxtun Avenue and Eye Street and at 21st and Eye Streets were approved and authorization was granted to advertise for bids for same. Acceptance of request of Ed Leckey to cancel his contract for the operation of the concession stand at the California Avenue Park, effective April 1, 1966. Upon a motion by Councilman Whittemore, seconded by Councilman Hosking, request of Ed Leckey to cancel his contract for the operatio. n of the concession stand at the California Avenue Park, effective April 1, 1966, was accepted. Approval of Contract with Ralph Anderson for operation of concession stand at California Avenue Park. Upon a motion by Councilman Rucker, seconded by Councilman Park, Contract with Ralph Anderson for operation of concession stand at California Avenue Park was approved, and the Mayor was authorized to execute same. Acceptance of Street Right of Way Deed from San Joaquin Tractor Company, Inc. for traffic signals at California and Union Avenues. Upon a motion by Councilwoman Balfanz, seconded by Councilman Stiern, Street Right of Way Deed from San Joaquin Tractor Company, Inc. for location of traffic signals and lighting at California and Union Avenues, was accepted. 146 Bakersfield, California, March 28, 1966 - Page 5 Public Statements. Reverend Julius Brooks addressed the Council at this time expressing strong protests to the distribution of literature- and the activities of the Kern County Citizens Council, stating that he felt it was incumbent on the Council to take some action to curb the activities of this group before it gets out of hand. He said that threatening telephone calls have been made to members of the negro community, including his family and himself, and they expect certain protection of their citizenship and rights in the community. He told the Council that he plans to appear before ~e Board of Supervisors on Tuesday and ask for an investigation of the Kern County Citizens Council who are operating in such a manner as to create hate in the community, and he wants something done by the Council to prevent any racial tension that would create violence. Mayor Karlen said any inference that the Council is not interested is not correct that an investigation has Reverend Brooks because the Council has already indicated been requested. said one of the things he is concerned about is any delay in making this investigation and Councilman Doolin replied that the Council was not dragging its feet, they have already asked for an investigation and a report. Frank Winston suggested that it might be appropriate, rather than asking a Senate Fact Finding Committee to initiate legislation to investigate this matter, to forward the information to the chief law enforcement officer of the Ceqnty with a request that it be forwarded to the Grand Jury. At the request of Councilman Doolin, he ~estated his suggestion, that the Council forward a resolution, preferably to the Board of Supervisors, requesting the Grand Jury to investigate tlhe activities of the White Citizens Council in this area and to investigate certain purported threats, with the possibility of prosecution if these threats can be verified. Bakersfield~ California, March 28, 1966 Page 6 147 Councilman Doolin said that if ibis resolution would get some action, he would so move~ and Councilman Rucker seconded the motion. Councilman Hosking stated that the Grand Jury has absolutely no jurisdiction whatsoever to investigate the Citizens Council of Kern County, it does not have any jurisdiction to investigate crimes. It has jurisdiction to issue indictments only upon the district attorney presenting a case to the Grand Jury for that purpose. He stated that he couldn't vote for the resolution knowning they had no jurisdiction to do it. Councilman Stiern asked the City Attorney if he feels that such an investigation lies within the realm of the Kern County Grand Jury. Mr. Hoagland said he agreed with Councilman Hosking~ that he doesn't believe it does. He pointed out also that there was no resolution prepared for tonight~ and he feels it is improper for the Council to vole on something that is not prepared. He said i£ the Council wanted to vote asking the Mayor to write a letter~ rather than sending a resolution, putting forth these ideas, it would be more appropriate. Councilman Doolin and Councilman Rucker then withdrew the previous motion they had made. Councilman Doolin moved, seconded by Councilman Rucker, that the Mayor send a letter to the Board of Supervisors asking them to have the Grand Jury investigate the White Citizens Council of Kern County. City Attorney Hogg~aad was asked if it should go to the Grand Jury and he said he did not like to give legal opinions as to what the Grand Jury can do or cannot do~ they may have other ideas. After some discussion, Councilman Stiern stated he could not understand the intent o£ the original motion, and offered a substitute motion that the Mayor be instructed to write to the district attorney calling his attention to the fact that citizens in the community have been threatened on the telephone and requesting an investigation. Councilman Hosking seconded this motion. 148 Bakersfield, California, March 28, 1966 - Page 7 Councilman Park said he was not in favor of action for action's sake. Since the Council is not sure what the appropriate action is, he feels that the original action was correct when it was placed in the hands of the City Attorney to discuss it with the Attorney General to see what the appropriate action would be, with the Council to meet next week and take whatever action is called for. He thinks any other action only adds to the confusion. Councilman Whirremote said Reverend Brooks stated he was going to appear before the Board of Supervisors on Tuesday and will present the information to them, so they will be aware of it. He feels that the Council should go ahead and have the City Attorney talk to the Attorney General and find out what their course of action should be. The Council is officially on record at the present time as opposing this group and it is only necessary now to find out what action to take. Councilman Hosking said Mr. Whirremote is correct and he withdrew his second. Councilwoman Balfanz said she agreed with Mr. Whittemore also, and believes that the action taken earlier in the evening is sufficient at this time. Councilman Rucker said he feels some action should be taken to show that they are taking an active interest in this matter. Councilman Whittemore then suggested that a memo be sent to the chairman of the Board of Supervisors from the Mayor's office, outlining the discussion and the action taken at the Council me~i~ tonight. This would just be a memorandum expressing a desire to see something take place. This action was agreed to by the Council. Some other members of the negro community addressed the Council, and Councilman Hosking requested that any further public statements be limited to ten more minutes, as he felt it had been explored sufficiently. Bakersfield, California, March 28, 1966, Page 8 149 Adjournment. There being no further business to come before the Council, upon a motion by Councilwoman Balfanz, seconded by Councilman Park, the meeting adjourned at 10:15 P.M. MAYO~ of tl~e ATTEST' and Ex-Of±ricio Clerk of Council of the City of Bakersfield, California the