HomeMy WebLinkAbout02/05/2010TO:
FROM:
SUBJECT:
�
B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
Honorable Mayor and City Council
G�T
Alan Tandy, City Manager �at
General Information
Fe
MISCELLANEOUS CITY NEWS
--� In follow-up to the mid-year budget presentation on Janvary 27th, st
through both short- and long-term methods of reducing the budge
budget process starts soon, and this effort represents a"jump �
needed budget reductions.
� TRIP staff held a public information meeting this past Wednesda�
Columbia Elementary School for the construction of Phase 2 of 1
Parkway (Mohawk Street to Allen Road). Approximately 50 men
public attended. The meeting offered area residents an opport�
project plans, obtain project information, and ask questions of staff.
exhibits showing the Parkway alignment and profile; sound wall
heights and anticipated schedule; upcoming traffic detours;
aesthetic treatments. There were also examples of the concrete bl
be used on the sound walls, and a brief Powerpoint presentation wc
A copy of the project information sheet provided to attendees is attc
--� Oscar Encinas, the South High School junior who was instrumental i
the grant to re-build the playground at Stiern Park last year, will be rE
2010 Youth Champion for Change by the Network for a Health�
award on Monday, February 8 in Sacramento. Only one award in tr
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TO:
FROM:
�l�BJECT:
�
�
�,'�,�.
�,
����
� A K E R S F I E L D
Economic and Community Development Department
M E M O R A N D U M
February 1, 2010
� ���
Alan Tandy, City Manage �"°�
Donna L. Kunz, Economic Development Director
Neighborhood Stabilization Program Update
Attached is the monthly NSP Progress Report for January. Among the highlic
*Strong interest continues in the NSP Down Payment Assistance program. Tc
have closed escrow on 16 applicants, with many more inquiries being receivec
*The Housing Authority has fourteen units in escrow with nine expected to clo:
30 days. Rehab work has been completed on an additional four homes.
*Rehabilitation work on Pinewood Glen Retirement Community (formerly Castl
will begin in February.
DL S:\NSP\Monthly Report Jan 2010.docx
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Paqe 1 of 2
STREETS DIVISION — WORK SCHEDULE
WEEK OF FEBRUARY 8, 2010 — FEBRUARY 12, 2010
Resurfacina/Reconstructinq streets in the followinq areas:
Reconstructing streets in the area between District Boulevard & White Lane, w�
Gosford Road (weather permitting).
Crack sealing streets in the area between Stockdale Highway and Truxtun Avei
of Coffee Road (weather permitting).
Miscellaneous Streets Division proiects•
Installing curb & gutters in the area between California Avenue & 4th Stre
of Chester Avenue (CDBG FUNDED PROJECT).
Installing curb & gutters in the area between Flower Street & Bernard Str�
Vista Drive to Baker Street (CDBG FUNDED PROJECT).
Working on the Ming Avenue widening project (weather permitting)
THIS SPACE INTENTIONALLY LEFT BLANK
Paqe 2 of 2
STREETS SWEEPING SCHEDULE
Mondav, Februarv 8, 2010
Between So. "H" St. & Union Avenue — Pacheco Rd. & Hosking Rd.
Between Stockdale Hwy. & Truxtun Ave. (ext.) — Coffee Rd & Partridge Ave.
Tuesdav, Februarv 9, 2010
Between 99 Hwy. & So. "H" St. — Ming Ave. & Panama Ln.
Cul-De-Sacs on the north side of Magdelena Ave., west of So. "H" St.
Wednesdav, Februarv 10, 2010
City areas between Brundage Ln. & Ming Ave. — So. "H" St. & Union Ave.
City areas between Wilson Rd. & Pacheco Rd. — So. "H" St. & Union Ave.
Between Casa Loma Dr. & Planz Rd. — Madison Ave. & Cottonwood Dr.
Between Planz Rd. & Brook St. — Madison Ave. & Hale St.
Thursdav, Februarv 11, 2010
Between Carr St. & California Ave. — Mohawk St. & Stockdale Hwy.
Between Stockdale Hwy. & Marella Wy. — California Ave. & Montclair St.
Between La Mirada Dr. & Chester Ln. — Montclair St. & No. Stine Rd.
Between California Ave. (ext.) & Stockdale Hwy. — No. Stine Rd. & 99 Hwy.
Between Stockdale Hwy. & Ming Ave. — New Stine Rd. & Ashe Rd.
Between Mountain Ridge Dr. & Ashe Rd. — Taft Hwy. & Berkshire Rd.
Fridav, Februarv 12, 2010
Between Ming Ave. & White Ln. — Buena Vista Rd & Old River Rd.
Between Stine Rd. & 99 Hwy. — Ming Avenue & Adidas.
Between Panama Ln. & Birkshire Rd. — Gosford Rd. & Stine Rd.
Week of February 8_2010_Work Schedule.doc
L.�. councilman considers police, firefighter layoffs - latimes.com
latimes.com/news/local/la-me-budget2-2010feb02,0,6052202.story
latimes.com
L.A. councilman considers police, fire�ghter layoffs
Bernard Parks has asked the city's top budget analyst to outline a layoff plan th�
safety agencies, which have been largely shielded from earlier budget cuts.
By Maeve Reston and Phil Willon
February 2, 2010
As the Los Angeles City Council weighed options to address a$208-
million shortfall, Councilman Bernard C. Parks on Monday ordered the
city's top budget analyst to prepare a plan that could include layoffs of
police officers and firefighters.
Last week, City Administrative Officer Miguel Santana outlined plans
for the elimination of as many as 1,500 city positions, but none of
those cuts were from the Police Department or the mayor's and council
members' offices.
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Building up the city's police force by more than 1,000 officers has been �` l�de;r,� I��Iiner�
one of Mayor Antonio Villaraigosa's top priorities and has had the �: M' �- �,,,,
: Co�ri�eti�_ � 1
council s backing, but that support has waned as the budget crisis has ��
deepened.
Parks said that the police and fire departments make up as much as 80% of the city's general fund
without cuts in public safety, other departments will carry the brunt of the city's budget crisis.
"You may have to use the word 'layoff and 'police' and 'fire' in the same sentence just to give us a
cost savings are," Parks told Santana. "We need to give the council the grimmest picture we have.
Councilman Greig Smith said that when the council agreed to hire police officers in November, th
would be covered. Instead the city is now grappling with a tax-revenue shortfall of $186 million.
"I, for one, as chairman of public safety, am never going to lay off firefighters to keep hiring cops,
In his budget report, Santana suggested eliminating 64 positions in the Fire Department, but those
already expected to move to other vacancies in the field to ease overtime costs.
L:A. co'uncilman considers police, firefighter layoffs - latimes.com
P�ge 2 of 2
The head of the city police officers union said reducing the size of the LAPD would be shortsighted, noti�ig that the
larger force has helped reduce violent crime in the city to the lowest levels in decades.
maeve. reston�latimes. com
phil.wil lon@latimes.com
Copyright �O 2010, The Los An�eles Tinles
http://www.latimes.com/news/local/la-me-budget2-2010feb02,0,3673598,print.story 2/3/2010
L.r1. considering 500 more layoffs - latimes.com
latimes.com/news/local/politics/la-me-la-budget30-2010jan30,0,5918994.story
latimes.com
L.A, considering 500 more layoffs
In an effort to close the city's $208-million budget shortfall, the proposal would
1,000 job cuts already threatened.
By David Zahniser and Maeve Reston
January 30, 2010
Faced with a shortfall now reaching $208 million, the top budget
official at Los Angeles City Hall said Friday that he is preparing a list
of 500 jobs to be cut from the payroll -- on top of the 1,000 already
threatened with elimination.
Those reductions, if approved by the City Council over the next several
weeks, would bring city government personnel cuts to 3,900 this year.
Mayor Antonio Villaraigosa and the council have already agreed to let
2,400 employees retire with full benefits up to five years early.
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In a lengthy memo on the budget crisis, City Administrative Officer �'�=a�"` T�de;l,� Iw�Iiner•�
Miguel Santana called for the layoff process to begin immediately, �,a� ��. ��; .r_,��ITiEt1�� C-a�
saying public coffers could save $65 million annually by having 1,000 3� �� �'
fewer workers.
"There is a financial and human cost for each day of delay," he wrote to Villaraigosa and council r
daily cost of postponing 1,000 layoffs is approximately $338,000, which ee�uals four more positior
eliminated to generate the targeted savings."
The council is scheduled to meet Wednesday to discuss the plan for cutting 1,000 jobs from the cit
which delivers basic services such as public safety, parks and libraries.
For weeks, several city officials have expressed fears -- both publicly and privately -- about the po;
municipal bankruptcy. City Controller Wendy Greuel warned earlier this week that a decision to b�
by tapping too much of the city's emergency reserve fund could make it more expensive for Los A�
money. That in turn would threaten the city's ability to pay its bills.
Furthermore, once this year's budget gap is addressed, Villaraigosa and the council must eliminate
million shortfall for the fiscal year that starts Julv 1.
L.A. c onsidering 500 more layoffs - latimes.com
Page 2 of 2
vacant posts at Los Angeles World Airports and the Port of Los Angeles, which operate independently on revenues
fi�om airlines and shipping companies. Hahn said she would back efforts to eliminate positions as long as those
workers "could still get a paycheck fi�om the city."
Barbara Maynard, who represents the Coalition of L.A. City Unions, said the city should offer early retirement to 400
additional workers and move 600 others to vacant positions not affected by the budget crisis.
"All of those measures should be exhausted before looking at other cuts," she said.
Santana said the members of the coalition, which represents 22,000 employees, cannot be laid off between now and
June 30 unless they agree to such a move. Layoffs can be imposed, however, on the Engineers and Architects Assn.,
which has more than 6,000 members, because such protections do not exist in that union's contract, he said. Those
who are targeted with layoffs would probably secure the iirst opportunity to fill any vacant positions, Santana added.
Santana called for the Cultural Affairs Department to suspend iminediately all outgoing grants -- money that funds art
classes, concerts and festivals -- in an effort to save $2.2 million. He pulled back on a plan to reduce the number• of
workers in that department by 48%. Instead, he recommended a cut of roughly 25%.
He also called for the cancellation of a recruiting class at the Fire Department.
Aides to City Atty. Carmen Trutanich warned that the office's proposed loss of 100 employees would mal<e it harder
to prosecute misdemeanor crimes across the city.
"It doesn't matter how many police officers are in the field," said Chief Deputy City Atty. Bill Carter. "There won't be
a sufticient number of prosecutors to file or handle those cases at a time when the governor is contemplating releasing
thousands of inmates."
david.zahniser a latimes.com
maeve.reston@latimes.com
Times staff writer Phil Willon contributed to this report.
Copyright CO 2010, The Los__Angeles_T_imes
http://www.latimes.com/news/local/politics/la-me-la-budget30-2010jan30,0,6587140,print.stoiy 2/3/2010
Perris police budget slashed by $900,000 � Perris � PE.com � Southern California News � News fo�
Perris police budget slashed by $900,000
10:35 PM P&� onSnndeY,-:Jnm�ery 94; R910 .... _..._......_.._..._...._ .............__........._.....__._._.........._.._......_........__...__.._.._....__..._._.___..........__........._........................_......_.,.....__......__._......._..�....__._.._._...._.__....__._.
T�ie Press=EnieKpNse N
Perris citizens will see fewer patrol cars, less traffic enforcement and possibly slower emergency
response times after a$900,000 cut to the city's law enforcement budget.
The City Council approved the budget cut -- the biggest in more than a decade -- at a recent
meeting with no public discussion or comment.
After voters rejected a proposed parcel tax that would have generated $2 million a year for the
general fund, council members started discussing slashing $1 million from law enforcement's
$12.6 million budget. Like most area cities, Perris is facing year two of a budget shortfall
because of plummeting property and sales tax revenues.
Over the summer, administrators slashed $2.25 million from the city budget by laying off five
temporary workers and reducing employee hours by closing City Hall on Fridays.
The budget cut will mean Perris will have 31 street patrol deputies instead of 33, six traffic
enforcement deputies instead of seven, and four community service officers instead of seven,
said Riverside County Sheriff's Captain James McElvain, who heads the Perris Police
Department.
It is unknown whether more cuts to city services are coming, Joe Vargo, Perris public
information officer, said in an e-mail.
After negotiations with sheriff's officials, the council decided to reduce law enforcement
spending by $900,000 instead of $1 million, McElvain said.
The staff reductions could mean slower emergency response times and slower investigation and
police work overall, McElvain said.
"Perris wasn't overstaffed but they were comfortably staffed prior to this decision," he said. "We
took a number of steps forward in the past five years so to take one step back, I don't foresee a
huge negative impact. But at some point people are going to feel the change in the level of
service."
Each deputy's time will be divided between more tasks. For example, a street patrol deputy
may have to write more traffic tickets or respond to traffic collisions, McElvain said.
There also will be fewer community service officers to organize neighborhood watch groups, he
said.
Since 1997, violent and property crimes in Perris have been declining. Between 1997 and 2008,
those crimes decreased from 77 per 1,000 people in 1997 to about 41 per 1,000 in 2008.
. , � . -o
Perris plans to
at $760,000
T�ie P�eff-Ent�Kprise N
lay off 10 workers; savings estimated
Top Perris officials issued layoff notices to 10 city employees Monday, setting the stage to cut
the city's workforce by 12 percent.
The pink slips warned workers that they will be let go in 30 days, although the Teamsters union
plans to ask the City Council to reverse the city's decision. Officials anticipate the cuts will save
about $760,000.
The planned cuts will eliminate all six water department employees, paving the way for the city .
to outsource the work of providing water and sewer service to a"contracted management
company," according to an e-mail from Joe Vargo, the city's public information officer. The city's
water district has been running a deficit for five years, with an accumulated loss of about $2
miilion.
The city also plans to save an additional $100,000 by eliminating two vacant positions: a
recreation leader and an accounting position.
The layoffs come on the heels of the City Council slashing $900,000 from Perris' law
enforcement budget. Over the summer, the council cut about $1 miilion by closing City Hail on
Fridays.
Mayor Daryl Busch said officials resorted to layoffs as they tried to bridge this year's $3 miliion
shortfall.
"We've already drawn money out of the reserves. You can only live so long that way," Busch
said. The city has about $12 million in reserves.
Gregorio Daniel, who represents 60 rank-and-file employees among the city's 81-person
workforce, said he plans to keep negotiating to find ways to keep running its own water district.
"Eventualiy the water department could be a lucrative asset to the city if the city can pull it
together and get somebody competent to run it," Daniel said, referring to the fact the
department has lacked a superintendent.
Reach Julissa McKinnon at 951-375-3730 orjmckinnon@PE.com
TO:
FROM:
DATE:
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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT MEMORANDUM
ALAN TANDY, CITY MANAGER
RAUL ROJAS, PUBLIC WORKS DIRECTOR
January 27, 2010
SUBJECT: Budget and Finance Committee Referrai from CouncilmembE
Carson - Report on City of Bakersfield's Disadvantaged Busin�
Enterprise Program for Federal Highway Administration Funde
Projects
At the January 25, 2010, Budget and Finance Committee m
Councilmember Carson instructed staff to provide a report on the
Disadvantaged Business Enterprise Program for Federal Highway Admini�
(FHWA) funded projects. This memorandum provides the requested inforn
The City of Bakersfield is a recipient of FHWA funds and as a condi
receiving these funds, the City implemented the Caltrans' Disadvar
Business Enterprise Program, commonly referred to as the DBE Program. Tf
Program is based on federal regulations mandated by the U.S. Departrr
Transportation or DOT. It is the policy of the City of Bakersfield to ensur
DBEs, as defined in these federal requlations, have an equal opportui
receive and participate in DOT-assisted contracts.
Up until early June of 2009, we were operating under the Race Neutral prc
This meant that there were no race conscious goals for our FHWA pr�
Pursuant to Caltrans' instructions, we are now operating under a
Conscious Program.
Under this Race Conscious Program, there are two DBE classifications. The
Conscious portion consists of UDBE's, which means underutilized DBE's. Cc
CC)1'Ylmiccinnc��-1 r �.�n, i,.,........ r,:___ _. _•� .,, . . _
The Race Neutral portion consists of non-UDBE's. The Disparity Study foun
these groups were at or near parity. The groups are:
• Hispanic Male
• Sub-continent Asian Male
It is important to note that non-UDBE's are still part of the DBE program.
groups are just not part of the Race Conscious goals.
Federal regulations require us to compute specific Race Conscious UDBE f
goals for each FHWA funded project. Prime contractors will be requi
either attain the UDBE Project Goal for the project or demonstrate thc
have performed adequate good faith efforts. A Caltrans Exhibit is u�
contractors to document their good faith efforts, again which is only req
the contractor did not reach the UDBE Project Goal for the project. Staff r
the Good Faith Effort Exhibit very thoroughly and makes follow-up call�
deemed necessary. There have been instances where staff has detei
that the apparent low bidder did not perform adequate good faith effo
recommended not awarding the contract to the apparent low bidder bE
of inadequate good faith efforts.
Several FHWA projects have been awarded under this Race Conscious Pr
since June 2009. These projects include:
Westside Pa
PROJECT
- Phase 2
ARRA Project for Pavement
Rehabilitation - Phase I
ARRA Project for Pavement
Rehabilitation - Phase 2
ARRA Project for Pavement
Rehabilitation - Phase 3
Traffic Sianal Interconnect
Signal at Union & Hosking
AWARD AMOUNT
76,572,445.07
$1,550,804.00
$1,661,661.00
$1,783,543.90
49,932.50
$21 1,866.40
UDBE ACTI
PROJECT COMti
GOAL CON�
6.75% �
8%
8%
8%
8%
6%
During the bidding cycle for the above projects, staff has found that f
very few local contractors who are certified as UDBEs/DBEs. The presidE
Kern Minority Contractors Association, Marvin Dean, is aware of thi
actively encouraging eligible contractors to go through the
certification process.
City staff actively pursues the spirit and intent of the DBE Program. Ev�
staff submits a report to Caltrans District 6 Office informing them of o�
DBE goals for the upcoming federal fiscal year. This report also incluc
neutral measures that the City will undertake to enhance race
participation in the FHWA dollars we receive. I would like to take this op�
to point out that staff received positive feedback from the Caltrans I
Office regarding our last report. Caltrans also requested to use the City
as an "example" for other agencies.
MEMORANDUM
CITY ATTORNEY'S OFFICE
February 2, 2010
TO: HONORABLE MAYOR AND CIN COUNCIL
FROM: JUSTIN A. CRUMLEY, ASSOCIATE CITY ATTORNEY �
SUBJECT: EXPRESSIVE SPEECH; PROTESTS AT STOCKDALE HIGHWAY/
BUENA VISTA ROAD
COUNCiI REFERRAL NO. 164
Councilmember Couch requested that the City Attorney provide a repc
explains where a person's right to peacefully protest ends, and how f
speech extends, related to an ongoing presence of protestors at Sto�
Highway and Buena Vista Road.
I. OVERVIEW
.
Officers are offen dispatched to private businesses for peace distur�
involving expressive activity such as demonstrators, subjects gathering
picketers, leaflet distributors, or solicitors. In addressing the current sit�
important to understand what type of property is available for expressive c
how that activity may be r�stricted. California courts have recogn
instances in which private property may be available for First Amendment
activity, absent criminal violatians.
II. PROPERTY AVAILABLE FOR EXPRESSIVE ACTIVITY
There is not a strong distinction in California between public and private pr
relates to expressive activity, The California Supreme Court has expr�
"private property can constitute a public forum for free speech if it is o�
public in a manner similar to that of public streets and sidewalks," Fashion
v. NLRB (2007) 42 Cal. 4th 850, 858.
HONORABLE MAYOR AND CITY COUNCIL
February 2, 2010
Page 2
This same rationale can apply in less obvious areas such as standa
businesses. The California Supreme Court has stated that a private sidew
business is not private in the sense of not being open to the public. �
openly invited to use it in gaining access to the store and in leaving the K
re Lane (1969) 71 Cal.2d 872, 878, While some standalone business
necessarily provide the same opportunities for the public to gather and er
speech, � California law generally does not treat the public/private proper
as critical. For instance, the court has specifically held that:
(V1/� here the property owner itself is the subject of public disp�
controversy ... its property may as a practical maiter be thE
available forum to effectively express views on the controversy c
may be required to give its opponents access to its property. C
Companies v. Don Gallant (2002) 96 Cal App, 4th 740, 755 (em�
addec�.
California law also specifically allows expressive activity related to labor
private property. Code of Civil Procedure § 527.3(b) states that the followi
are legal:
(1) (C) ommunicating information regarding .. . any labor dispute, whE
advertising, speaking, patrolling any public street or any place wh
person or persons may lawfully be, or by any other method not ir
fraud, violence or breach of the peace.
(2) Peaceful picketing or patrolling .., whether engaged in singl
numbers.
(3) Assembling peaceably to do any of the acts specified ....
III. LIMITATIONS ON EXPRESSIVE ACTIVITY
Although expressive activity may often be protected on private property, s�
is not without limits. As the California Supreme Court stated, "those seeking
such rights may not do so in a manner to obstruct or unreasonably intertei
ingress or egress to or from the premises. " In re Lane, supra, at p. 878
addea�.
HONORABLE MAYOR AND CITY COUNCIL
February 2, 2010
Page 3
Trespass: Penal Code § 602,1 normally applies in the case of a trespass o�
with a private business,2 However, section (c) states specific exception;
(1) Any person engaged in lawful labor union activities that are perr
be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities protectE
California Constitution or the United States Constitution.
The court has also been clear that "union activity protected by thc
precludes any ruling that such activity constituted a criminal trespass."3
Diego District Council of Carpenters (1979) 25 Cal.3d 317, 330.
Disturbing the Peace: Penal Code § 415 normally applies to the kind c
activity that occurs during a strike or picket. However, differing standards
expressive activity protected by the First Amendment:
We are satisfied that loud shouting and cheering constitute the
'noise' prohibited by section 415 only in two situations: 1) where the�
clear and present danger of imminent violence, and 2) wherE
purported communication is used as a guise to disrupt lawful ende�
!n re Robert F. Brown (1973) 9 Cal. 3d 612, 621 (emphasis addec�.
1V. PROTESTS AT STOCKDALE HIGHWAY/BUENA VISTA ROAD
Available information does not demonstrate that the activity at
Highway/Buena Vista Road: 1) blocks ingress or egress to a business, 2) pc
and present danger of imminent violence, or 3) violates the law in any r
exempted as explained above. In addition, if it is determined that the dis�
related there may be additional protections. At this time the situation
considered solely a civil dispute. The property owner may seek a civi
barring this type of activity on its property, or possibly have it limited by coui
reasonable time, place, and manner,
JAC:Isc